10-12-1993 Council MinutesApproved by Council on October 26, 1993
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
OCTOBER 12, 1993
The City Council of the City of Orange, California convened on October 12, 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, Mayor Beyer, Coontz, Murphy ABSENT - Barrera
NOTE: Councilman Barrera
arrived at 3:30 P.M.1.3 APPROVAL
OF MINUTES Regular Meeting September
28, 1993.MOTION - Coontz SECOND -
Murphy AYES - Spurgeon,
Mayor Beyer, Coontz,
Murphy ABSENT - Barrera ACTION: Approved.1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation from
American Business Women's Association
to Councilwoman Joanne Coontz. (Continued to a later date.)1.
5 PROCLAMATIONS Proclamation was presented to
Frank Greinke Jr.
and Sr. honoring Southern Counties Oil Company.2.CONSENT CALENDAR TAPE 186 2.
1
Declaration of City Clerk Marilyn
J. Jensen declaring posting of City Council agenda of a regular meeting of October 12, 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.PAGE 1 I I
CITY COUNCIL MINUTES OCTOBER 12, 1993
2. CONSENT CALENDAR (Continued)
2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment
of demands.
ACTION: Approved.
2.3 Request Council approve request from the MUSC1lllar Dystrophy Association to conduct
their annual "Fill the Boot" campaign on November 20, 1993 from 8:00 a.m. to 5:00 p.m.
p1300.0.9)
FISCAL IMPACT: None.
ACTION: Approved.
2.4 Request Council approve the request from the Knights of Columbus #4922 to conduct
their annual "Tootsie Roll Drive" on October 15-17, 1993 from 9:00 a.m. to 9:00 p.
m.p1300.0.
9)FISCAL IMP ACT:
None.ACTION:
Approved.2.5 Request Council approve Contract Change Order No. 1 and Final in the amount
of 51,353.66 to C. K. Construction for the Glassell Street Storm
Drain.A2100.0.Agr.
2024)FISCAL IMP ACT: Transfer of $51,353.66 to Account No. 310-
6055-783400-5375
from Account
No. 310-6055-783300-1814-5075.ACTION: Approved.2.6 Request Council approve Contract Change Order
No. 1 and Final in the amount of 19,558.50 to Greenleaf
Demolition and Grading Company for the Yorba Medical
Complex parking lot grading. (A2100.0.Agr.2105)FISCAL IMPACT: $19,558.50 has
been budgeted
in the
Street Improvement fund for this project.ACTION: Approved.2.7 Request Council approve a revision
to the funding sources to include an additional 72,196.30 from Community
Development Block Grant funds for the
Orange Street Storm Drain. (A2100.0.Agr.2077)FISCAL IMPACT: Transfer $
72,196.30
from Account
No. 310-
6055-783300-
CITY COUNCIL MINUTES OCTOBER 12, 1993
2. CONSENT CALENDAR (Continued)
2.8 Request clarification and appropriation of funding to be utilized in the street widening/re-
profiling improvement project of Col1ins Ave. at Cambridge St. and Collins Ave. at
Shaffer St., Bid #934-03, S. P. 3053 Phase IT, in the City of Orange. (A2100.0.Agr.
2136)FISCAL IMPACT: Request is being made for $30,000.00 to be appropriated
from Measure M reserves and transferred into fund #262-5032-783100-
3421
to complete
this project.ACTION: Approved.2.9 CLAIM FOR
DAMAGES FROM: (C3200.0)1. American States Insurance Co. on
behalf ofSusie Pineda-
Villa.2. Lendino/
Mercury Insurance.FISCAL IMPACT: None.ACTION: Denied Claim and referred
to City Attorney
and Adjuster.MOTION -
Spurgeon SECOND - Murphy AYES - Spurgeon, Mayor Beyer,
Coontz, Murphy ABSENT -
Barrera All items on the Consent Calendar were approved as
recommended.END OF CONSENT
CALENDAR 3. REPORTS FROM MAYOR
BEYER 3.1 Recommendation to appoint Mayor Gene Beyer and Councilman Mike Spurgeon to
the Orange Economic Development Partnership Advisory Committee. (OR1800.0.
24)
MOTION
SECOND
AYES
ABSENT
Mayor Beyer Murphy
Spurgeon,
Mayor Beyer, Coontz, Murphy Barrera Approved
as recommended.
Page 3 I
I
CITY COUNCIL MINUTES OCTOBER 12,1993
4. REPORTS FROM COUNCILMEMBERS
URGENT ITEM . Closing oftbe EI Toro Marine Base (C2500.D-No
Doe)
MOTION
SECOND
AYES
ABSENT Mayor Beyer
Coont2 Spurgeon,
Mayor Beyer, Coontz, Murphy Barrera Moved
that the
need to discuss this item arose after the posting of the Agenda.Councilwoman Coont2 reported
she had received a fax and phone calls regarding the closing ofEI Toro Marine Base.
The County of Orange is structuring a plan which will be voted on next Tuesday and will
cut out the City of Orange from the reuse p1allning ofEI Toro because of no representation. Council needs
to participate in this process. A letter was sent October 6th by North Central County
Cities, signed by their Mayors asking the Board of Supervisors to include these cities in
their considerations.Councilman Spurgeon commented
Supervisor Steiner 1uIsassured him that he plans to exercise his critical vote, the
City of Orange will be included, and be on the committee which is being sorted out through the
compromise at this time.MOTION SECOND AYES
ABSENT
Coont2
Spurgeon
Spurgeon,
Mayor Beyer,
Coontz, Murphy
Barrera Moved to authorize the City
Manager to
prepare a letter directed to Supervisors Vasquez and Steiner, with copies to the remaining Board
of Supervisors, that the City of Orange wishes to be considered as a representative in the formation
of any authority making decisions on the reuse of EI Toro.4. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS.
None 6. ADMINISTRATIVE REPORTS - None 7.REPORTS FROM
CITY MANAGER 7.1 Report
from City Manager on contracting
with the County of Orange for fire services.C2500.H)MOTION SECOND AYES Murphy Spurgeon Spurgeon,
Barrera, Mayor
Beyer,
Coont2,
Murphy
Moved
to continue
this item to the 7:00 P.
M. Session.Page 4 I I
CITY COUNCIL MINUTES OCTOBER 12, 1993
8.LEGAL AFFAIRS TAPE 460
8.1 RESOLUTION NO. 8245
A Resolution of the City Council of the City of Orange upholding the recommendation of the
Planning Commission of the City of Orange and modifying a Conditional Use Permit to allow
outdoor lighting at an athletic facility upon prQPerty situated at 2222 North Santiago Boulevard.
A4000.0.)
Appeal No. 412
Conditional Use Permit No. 2013-
93 Applicant: Lutheran High School Association of Orange
County
MOTION
SECOND
AYES
ABSENT Coontz
Spurgeon Spurgeon,
Mayor Beyer, Coontz, Murphy Barrera That
Resolution No.
8245 as introduced be adopted and same was passed and adopted by the preceding vote.8.
2 RESOLUTION
NO. 8246 A Resolution of
the City Council of the City of Orange upholding the recommendation of the Planning Commission of
the City of Orange and granting a Conditional Use Permit to allow continuing use of
the University's Student Health Center and to allow placement/retention of modular structures to
house the use upon property situated at the northwest corner of Orange Street and Sycamore
Avenue. (C3300.0)Conditional Use Permit
No. 2017-93 Applicant: Chapman
University MOTION SECOND
AYES
ABSENT
Murphy
Coontz
Spurgeon,
Mayor Beyer,
Coontz, Murphy Barrera That Resolution No.
8246 as
introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION
NO. 8247
AResolution of the City
Council of the City of Orange upholding the recommendation of the Zoning Administrator of the City
of Orange and granting a Conditional Use Permit to allow sale of beer and wine upon
property situated on the northeast corner of Tustin Street and Briardale Avenue. (C3300.0)PageS I
II I I
CITY COUNCIL MINUTES OCTOBER 12, 1993
8. LEGAL AFFAIRS (Continued)
Conditional Use Permit No. 2026-
93 Applicant: Texaco Refining & Marketing,
Inc.The City Attorney provided the following change to Condition No.7: "All containers of
alcohol beverages that are available for sale shall be secured (locked down) against public access
between the hours of8:00 P.M. and 6:00 A.M. Secure the refrigerator compartments must have
internal dividers to prevent access from any adjacent unlocked doors or compartments. There shall be
no sale of alcoholic beverages between the hours of2:ooA.M. and 6:00 A.
M."
MOTION
SECOND
AYES
NOES
ABSENT
Coontz Murphy
Spurgeon,
Coontz, Murphy Mayor Beyer
Barrera That Resolution
No. 8247
as introduced with the change outlined by the City Attorney, be adopted and same was
passed and adopted by the preceding vote.8.4 RESOLUTION NO.
8249 A Resolution of the
City Council of the City of Orange finally accepting the completion of a certain public work and
improvement; Bid No. 923-05; C. K. Construction; Glassell Street Storm Drain from La
Veta Avenue to Chapman Avenue. (A2100.0.Agr.2024)MOTION SECOND AYES
ABSENT
Coontz
Spurgeon
Spurgeon,
Mayor Beyer,
Coontz, Murphy
Barrera That Resolution No. 8249 as
introduced be
adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION NO. 8250
A Resolution
of the City Council of
the City of Orange finally accepting the completion of a certain public work and improvement; Bid No.
923-23; Greenleaf Demolition and Grading Company; Yorba Medical Complex Parking Lot
Grading. (A2100.0.Agr.2105)MOTION SECOND AYES ABSENT Murphy Coontz
Spurgeon,
Mayor
Beyer,
Coontz,
Murphy
Barrera
Page 6
I I
CITY COUNCIL MINUTES OCTOBER 12,1993
8. LEGAL AFFAIRS (Continued)
That Resolution No. 8250 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 TAPE 860
A recommendation of the Employee Health Council of the City of Orange that the City Council
consider contracting with the Public Employees' Retirement System Health Care System for
medical coverage for city employees.
Chris Carnes, speaking l\S one of the representatives of the Employee Health Council, indicated
the goal of the Health Council is to reduce the costs to the City and maintain the same levels of
insurance coverage for the employees. It was recommended that the PERS medical coverage be
chosen for the following reasons: 1) Lar~ variety of doctors and HMOs; 2) The number of
HMOs within the PERS system may reduce the number of employees required to go the self
funded plan because their doctor ,bel~ tQ .~ of the HMOs; 3) Estimated the City may save
from $200,000 to $400,000; 4) PERS, HMOs and selffunded plan offer similar levels of service;
5) Disadvantage - Retiree cost, Personnel has computed how this could be kept to a minimum and
6) All advantages and disadvantages were reviewed and weighed and it was determined the advantages
to the City and employees were in favor of going to the PERS system Mr.
Carnes responded to Council concerns regarding the difficulty ofleaving PERS. Mr. Carnes commented
in the presentation from Mercer, the PERS system, due to its size, is able to negotiate better
contracts and this can also be done individually. In the future the raises in premiums should be
less than what the City may be able to obtain on their own.The
Personnel Director further commented on the PERS system and how it relates to retirees. He further
indicated other cities in Orange County that have joined PERS within the last few years have
had favorable experiences.MOTION
SECOND
AYES
Barrera
Spurgeon Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy Moved to continue this
item to October 26, 1993 at 3:00 P.M. The Personnel Director was instructed to provide additional
information from other cities and their experiences with PERS over a long term
period (more than two years). Also, he will contact Mercer to clarify the discussion concerning the difficulty
in securing coverage and the individual versus group information.AIRPORT COMMITTEE CAUTION
Bob
Bennyhoff, 10642 Morada
Drive, commented the City should be careful and contact Supervisor Vasquez who, with
Supervisor Riley, is handling the EI Toro Airport issue.Page 7
CITY COUNCIL MINUTES OCTOBER 12,1993
11. RECESS
MOTION
SECOND
AYES
Barrera Mayor
Beyer Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy The City Council
recessed at 4: 10 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 1889.National Advertising Co.
vs. City of Orange, U. S. District Court Case No. CV 85-4968 TJH Kx).b.
To
confer with its attorney to decide whetheno 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)(1).e. To
consider and take possible action upon personnel matters pursuant to Government Code Section 54957.
f. To
give instructions to its negotiator in connection with the purchase, sale, exchange or lease of real
property pursuant to Government Code Section 54956.8. The City Attorney announced the properties
are located at 474, 484, 490 S. Main, negotiating with Mr. Daum.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.7:00
P.M. SESSION 12. INVOCATION
Bobbie Druilhet,
Sister City Association.12.1
PLEDGE OF ALLEGIANCE TO THE FLAG 12.2
ANNOUNCEMENTS - None 12.3 INTRODUCTIONS -
None 12.4 PROCLAMATIONS - None
Page 8 I I
CITY COUNCIL MINUTES OCTOBER 12, 1993
12.5 PRESENTATIONS
Presentation from Sister City in Novo-Kosino, Russia. Jack Ferraro introduced
teachers and students from Novo-
Kosino, Russia.14. LEGAL AFFAIRS
TAPE 2474 14.1 A. RESOLUTION
NO. 8251 A Resolution of the City Council of the City of Orange approving the Letter
of Understanding between the City of Orange and the Orange City Fire Fighters, Inc. Local 2384
of the International Association of Fire Fighters, AFL-CIO concerning wages,
hours and other conditions of employment for the period of October 12, 1993 to June 24,
1995, and amending Resolution No. 7624
for said employees.B. Approval of Letter of Understanding between the City of Orange and the
Orange City Fire Fighters, Inc. Local 2384 of the International Association of
Fire Fighters, AFL-CIO.Mayor Beyer read the following statement: "Under Legal Affairs through
the City Council's consideration Agenda Item 14.1 is a Resolution approving a Letter
of Understanding between the City and the Orange Firefighters Local 2384 of the International
Association of Firefighters AFL-CIO for a period October 12, 1993 to June 24, 1995 and
amending Resolution No. 7624.Several months ago the Labor Law Firm of Littler, Mendelson, Fastiff &
Tichy acting as special labor relations legal counsel for the City of Orange and legal
counsel representing the Orange Firefighters began discussions regarding a new memorandum
of understanding. These discussions were conducted in accordance with the meet and confer procedures required
by state law. After lengthy negotiations covering numerous key issues concerning wages,
hours, and other working conditions, the City's negotiating team is now recommending approval
of the Letter of Understanding which extends the current contract with no base
salary increases and modifies language to provide additional savings through changes in overtime
administration and use
of squad seven personnel.The Orange Firefighter Bargaining Unit membership has previously
ratified
the Letter of Understanding. "The City Manager reported the Letter of Understanding will bind the city to
its terms until June 24, 1995. The principle money provisions include no base salary increases,
no more time and one-half pay for compensatory time, nor for holidays with
very few minor exceptions. Members of the Brush Squad No.7 may be assigned to fill other daily
manning requirements. There is a continued vacating of four unfil1ed uniform fire positions. The letter
refers to requests to meet and confer on the modification of the t.cnn5of the City
and union. The Memorandum of Understanding prior to June 24, 1995 shaI1 be done in good faith for
the purposes of reaching a new agreement which is in there for unsolved problems at the
time of its preparation. The following savings will accrue from the Memorandum of Understanding:
For the balance of this
year totaling $
833,000.
CITY COUNCIL MINUTES OCTOBER 12, 1993
14. LEGAL AFFAIRS (Continued)
The City agrees not to enter into negotiations, contract, consolidate or merge with a third party as
affects the fireman's bargaining unit prior to June 24, 1995. The term negotiations is moderated
by the provisions that "it is not in the intent of the parties to restrict the City's rights to gather
information, conduct studies or to make requests for proposals.. The City Manager opined this
provisions accommodates the opportunity to gather information, conduct studies or request
proposals from the County or others.
The following people spoke in favor of allocating $15,000 to the County of Orange for a study on
fire services:
Carol Walters, President of the Orange Taxpayers Association
Alice Clark, 205 N. Pine St.
Corinne Schreck, 446 N. James
Ken Milbrat, 308 S. California
Duncan Clark, 205 N. Pine St.
Eileen Hertfelder, 720 E. Culver
Betty Roberts, 1752 N. Momingside
Vic Calagna, 1135 E. Culver
Adele Graves, 1047 W. Trinity
ow. L. Chambers, 242 S. Olive
Nancy Thompson, Orange
The following people spoke in opposition:
Lynn Blythe, 440 N. Shaffer
Richard Alarcon, President, Orange Firefighters Union
John Jordan, 6122 E. Bryce
Roger Elliott, 176 S. Grand
Tony Gutilla, 6145 E. Mabury, representing Tom Brows, President of the Mabury Ranch
Autumn Ridge Homeowners Association
Mr. Calagna suggested Councilman Spurgeon abstain from voting because he felt Councilman
Spurgeon had a heavily biased interest in the Fire Department.
The City Attorney was asked by Councilman Spurgeon to give his opinion on the matter. The
City Attorney indicated there is nothing in the Political Reform Act that would prohibit
Councilman Spurgeon from participating in a decision on this matter. There is no conflict of
interest and Councilman Spurgeon may vote on this contract.
Councilman Murphy asked the City Manager, is the,savings S200,OOOas was projcc:ted, or is the
savings S833,000 for this year? Which one requires a check from the City of Orange if the
contract is not ratified?
Page 10
CITY COUNCIL MINUTES OCTOBER 12,1993
14. LEGAL AFFAIRS (Continued)
The City Manager reported the $200,000 savings is in reference to the 2.1 million dollar
budgetary deficit as has been reported, in that we have already reflected savings that would be
attributed to this contract as a.part oftthoae lWfi1ben. Therefure, if the contract was not ratified,
it would cost the City an additional $833,000 for this year.
The City Manager further reported he had met with the County Fire Chief and he indicated
15,000 would have to be paid up front, but would be deducted from the first year's obligation of
the City for COUilty fire service. There is a move between 16 cities that now have County fire
service to form a joint powers authority to contract singularly with the County fire service in
order to get a better service rate than they now get independently. The City Manager will be
meeting with some of the participants and will report to Council.
Councilman Murphy suggested the City Manager include in his report back to Council his best
expectations on the following: 1) What a realistic and historic approach on what has happened in
other situations if Council looks at other alternatives, i.e., the transition time and what parts of
that transition time could be done during a current contract? 2) What are the requirements for
potential participation in a joint powers arrangement?
Councilwoman Coontz gave the following remarks: "I'm going to tell you how I'm going to vote
on this contract. I know that some of you already know. But first I'm going to preface my
remarks by telling you I have high regard for the professionalism and dedication of the Fire
Department of the City of Orange. My interest in supporting the Fire Services goes back to 1976.
As a Planning Commissioner, I pushed Planning Commission and Council support for the first
emergency center. It was quite an effort on my part and unusual for a Planning Commissioner.
Also, as a new member of the Council a few years ago, I strongly advocated an Employer
Classification and Job Description Study. We had never had a proper classification study or work
description in the City before.
As a new Council person, I initiated and promoted the Emergency Preparedness Program.
Former Councilmember Steiner and Councilman Spurgeon were on that committee to get the City
together on a real emergency disaster program which we did not have at the time.
I do not feel this contract represents the best interest of the City, but does represent the best
interest of the Fire Union. We took an oath to protect the health, safety and welfare of the
citizens of this City, and I try to look at this contract from that standpoint.
Our goal as a Council has been to achieve additional and needed budgetary cuts in this
recessionary period. This City Manager was not here at the time. Department after department,
employee after employee has helped us to achieve our goal through a great deal of personal and
monetary sacrifice. I do not see such cooperation in this contract.
Page 11 I
CITY COUNCIL MINUTES OCTOBER 12,1993
14. LEGAL AFFAIRS (Continued)
The June budget which, was short 2.1 million dollars, was agreed to by the Council with the
expectation that through the negotiation process we would achieve greater savings over and
above what was already outlined in the Budget. . 'The Fire Department savings were approximately
800,000. So for all of the negotiations, $200,000 additional is all we have received. Much of
the claimed savings had already been counted.
This
Council and this City should not be burdened, by a contract which denies testing the potential
savings to be gained from agreements with other agencies during any period of time.This
particular contract is for two years. If there was a true interest in the taxpayer and the problems
the City has with the budget, this particular paragraph would not be in this contract. It was
entered into the contract rather late in the negotiations.Finally,
the most important of all, is I cannot vote in favor of a contract which I did not see in its final
legal form until after the union, through a number of voting sessions, approved it as our final and
best offer. It was not available to the Council, at least the Council as a whole. The language is
not in compliance with the Council's direction at our Executive Sessions, and since the full Council
was not aware and did not review the new language. I had serious reservations about the contract
acceptability."Mayor
pro tem Barrera commented he would not vote on this contract because he had not seen the
contract in its final form, and could not approve anything like this for more than one year.Councilman
Spurgeon commented the entire Council had asked the contract be for a two year period.
For the record, Councilman Spurgeon indicated this Council instructed the Mayor to write
a letter to the County Fire Chief through Supervisor Steiner, to request information on a study.
Mayor
Beyer announced 51 telephone calls have been received, 3 in favor of going with the County,
48 opposed. A note was received from David Aimes in favor of going with the County.Mayor
Beyer agreed to the continuance.MOTION
SECOND
AYES
NOES
Murphy
Spurgeon
Spurgeon, Barrera,
Mayor Beyer, Murphy Coontz Moved to
continue this
item to October 26, 1993 on the basis of coinciding with the City Manager's intent to
report back on alternative agreements.Councilwoman Coontz explained, "The
reason
I voted no was because the Fire Chief was investigating other opportunities and indicated
it would take a couple of years to come to conclusions about JP As, working
out agreements at every level with the City of Anaheim, the City of Garden Grove and other
cities. We have been told that a county proposal would take Page 12 I I
CITY COUNCIL MINUTES OCTOBER 12,1993
14. LEGAL AFFAIRS (Continued)
approximately nine months. I don't know what we can achieve in two weeks that will make a
difference on this contract. This contract as it now stands already indicates you can go out and
find information any time you want, but you can't decide to contract it during the two year period.
We need to get back, not to the rhetoric or breast beating, but to what we are talking about here
today, which is extremely important."
15. PUBLIC HEARINGS - None 16.
PLANNING AND ENVIRONMENT - None 17. ORAL
PRESENTATIONS Bob Bennyhoff,
10642 Morada Dr., commented the City Manager is going to find out the joint powers deadline
for contracting county fire service has passed and the 16 cities are set in concrete. The
only way to enter is through a contract.18. ADJOURNMENT
MOTION SECOND
AYES
Mayor
Beyer
Barrera Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy The City Council adjourned at
9:00 P.M.N~~~CITY CLERK Page 13
I
I