4/16/2002 - Council Minutes - CC Minutes Adj
APPROVED BY THE CITY COUNCIL ON MAY 14, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF AN ADJOURNED REGULAR MEETING APRIL 16,2002
The City Council of the City of Orange, California, convened on April 16,2002 at 5:00 p.m. in
an Adjourned Regular Meeting in the Weimer Room, 300 E. Chapman Avenue, Orange,
California.
5:00 P.M. BUDGET STUDY SESSION
1. OPENING
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Murphy
1.3 ROLL CALL
PRESENT - Slater, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez (arrived at 5:06 p.m.)
1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS
The Assistant City Manager reported the City Manager would not be present due to a
personal emergency.
2. PUBLIC COMMENTS
At this time, members of the public may address the Council on any off-agenda items
within the subject matter jurisdiction of the Council, provided that NO action may be
taken on off-agenda items unless authorized by law. Comments are limited to three
minutes per person.
Tom Anderson, Orange resident, spoke in favor of residents in the Pheasant Run Tract
needing a sound wall now due to the noise on Chapman Avenue. Mr. Anderson said this
needs to be placed on the agenda now.
The Assistant City Manager reported the Public Works Department is looking at
modifications in their budget work plan to amend the Traffic Safety Improvement
Program to allow money to go into that fund as well as embarking on a sound study of
that area. The Public Works Director indicated they are drafting a request for a proposal
which is a four week process and it would take another two months to complete the
study. At that point they can identify the noise impacted areas and scope the project with
the appropriate mitigation measures and related items. Public Works will be revising the
overall Transportation System Improvement Program specifically in this case to add
sound walls as a measure that can be funded out of that fee program. Now, there is no
funding source for sound walls unless it is part of a street widening proj ect where noise
mitigation is necessary based upon the environmental impact report. The area for the
sound study is from Cannon Street to Newport Boulevard.
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CITY COUNCIL MINUTES
APRIL 16,2002
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of an adjourned regular meeting of April 16, 2002 at Orange Civic Center,
Main Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, and summarized on Time-Warner
Communications, 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
adjourned regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
MOTION - Slater
SECOND - Cavecche
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Item 3.1 was approved as recommended.
4. REPORTS FROM MAYOR MURPHY - None
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS - None
8. REPORTS FROM CITY MANAGER
8.1 Report on the proposed Fiscal Year 2002/2003 Budget including a summary of
projected revenues and recommended expenditures.
The Assistant City Manager reported this is a difficult year from an economic standpoint when
we consider the recession and the national tragedy of September II th and the combined
economic impact of these events. The cumulative effects were discussed in the City Manager's
narrative regarding the slowing economy coupled with the impact of the September 11th tragedy.
There is no doubt it added to an already deteriorating economic outlook for the Nation, State and
the City of Orange. Sales tax, transient occupancy tax, investment income and revenues from
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8. REPORTS FROM CITY MANAGER (Continued)
licenses and permits are all down. The significant unknown on the horizon is what will occur
with the Vehicle License Fee backfill. As of now, the Governor has assured cities that he will
not balance the budget on the backs of the cities and will not take the VLF offset. It was heard
that the VLF at the State legislative level is still on the table and the uncertainty will persist until
the State's budget is passed sometime near the end ofthe year.
On the expenditure side, it should be noted the fiscal conservatism of the Council has allowed
the City to weather economic downturns while still providing quality public service to the
residents and businesses of the City. The expenditure increases for the coming year are flat and
the growth of City employees has been limited to essential positions only.
To finish the current fiscal year in a strong position, and to balance the coming year's budget, the
Department Heads have responded with a "we can do attitude" which makes them such a strong
team. They have been asked to secure a cumulative total savings of $2,000,000 in the current
budget and showing their budgets for the remainder of the fiscal year as administrative savings.
Also for the coming fiscal year, their budgets have been adjusted with program budget savings
totaling $1. 9 million.
Proposed Budget
The Assistant City Manager reported the budget is balanced totaling $63.8 million. Regarding
the Redevelopment Agency's Pass Through which due to a recent court case appealed to the
State Supreme Court, the City will lose approximately $500,000 in redevelopment funds
annually going forward. Additional information will be provided to Council.
The Assistant City Manager reviewed the balancing strategies of one time savings. Regarding
Library Services the City Manager is recommending the Library Services be established as a
separate department in the coming fiscal year. Nora Jacob will be upgraded to Department Head
as City Librarian including a Secretarial position. It is requested there be 120 days for a smooth
transition in the break away of Library Services from Community Services.
Annexation of County Islands - community meetings will begin May I st and it is anticipated the
annexations will be complete by the end of this year.
General Plan Update - It is proposed to add an additional $200,000 this year and next year to the
General Plan fund to begin the update.
General Fund Reserve - The unreserved fund balance is $3.9 million. The City Manager has
asked Council to maintain a $3 million reserve over and above the reserve contingencies to allow
for any number of issues that might come up.
The Finance Director reviewed the General Fund Revenues, Sales and Property Tax History,
Budget Policies and Transfers, General Fund Balances, and Expenditures by department and
category. The Assistant City Manager reviewed the recommended staffing changes, and history
of full-time employees
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APRIL 16,2002
8. REPORTS FROM CITY MANAGER (Continued)
The Assistant City Manager announced a Study Session with the Parks, Planning and
Development Commission will be scheduled sometime in May, 2002.
Council Comments
Councilmember Coontz commented the budget gets better every year. Regarding the
Redevelopment Agency pass through amount of $500,000 which goes to the school district, this
has been going on for many years and the City has not received any type of audit or how the
expenditures were made. It is supposed to be made for facilities. There have been complaints
for a long time on the condition of OUSD's buildings and the need for more facilities. There
needs to be an audit of that particular fund that goes to the school district. The Assistant City
Manager indicated the City's internal auditor can perform the audit and report back to Council.
Councilmember Coontz remarked the budgetary transfers on Page 3 are not as clear as it could
be. As to reserve contingencies, the 25% emergencies for the COP debt services which are the
payments for the Police Building and the carryover needs to be explained more clearly. The
charts need to also show the year. Other items like HQHV AC - not everyone will know what
this means. There should be an example of the transfers of money that the City Manager
oversees.
Councilmember Slater asked the Finance Director what the projected unreserved fund balance
was for last year? The Finance Director said $6 or $7 million. Councilmember Slater
appreciated the staff report from the Community Development Department regarding code
enforcement and in light of the budget situation, appreciated adding the one code enforcement
clerk which is a step in the right direction. Regarding the other items, possibly they could be
agendized in the future to address other policy issues but not necessarily any more staffing
positions this year.
Mayor pro tern Alvarez asked to explore the revenue use of money and property asking if the
money being placed in the City's portfolio was restricted funds. The Finance Director reported a
capital project is not started unless there is money in the bank ready to go for that project. There
have been a number of capital projects that the City has budgeted for but have not been initiated
which is why the portfolio has risen. The composition of the $135 million comes from a variety
of specialized funds that cannot be used for general City operations and the majority are
restricted funds.
Mayor pro tern Alvarez asked if they could create a pie chart or schedule the Council could see
as to what makes up that investment, where it is coming from and what it is being allocated for?
The Finance Director indicated they would produce that.
Mayor pro tern Alvarez asked the Finance Director if there was a way to increase the investment
portfolio. The Finance Director commented not without adding additional risk. Mayor pro tern
Alvarez asked if there was a certain level of money the City needed to maintain as money is
going out to take care of capital projects. The Finance Director indicated they analyze every
fund and based on the available resources the budget is planned accordingly. It also depends on
the total budget of all funds and all projects; it would be well over $100 million.
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8. REPORTS FROM CITY MANAGER (Continued)
Mayor pro tern Alvarez asked for an explanation ofthe Program Budget Savings Plan and how it
is applied to the Budget. The Assistant City Manager noted they looked for a target of $2
million this year for the Program Budget Savings Plan. Over the past several years there has
been savings and returns in the budget. He explained that the Finance Department produced a
General FundlUnexpendedlUnencumbered balance sheet by Department for a period of 5 years
and how they arrived at the savings from each department to achieve the $1.9 million. The
savings have been based on salary savings and over the years with stafftumovers. This year the
City is beginning the Fiscal Year fully staffed in Police and Fire. This does put pressure on
departments who might not achieve the salary savings targeted in the $1.9 million which refers
back to the $3.9 million in General Fund Reserves. Mayor pro tern Alvarez commented this way
the departments' expenditures are monitored.
Mayor pro tern Alvarez asked about the annexation of County islands costs and possibly
revenues associated with it. The Assistant City Manager reported there will be revenues, the
projected annual property tax increase total is approximately $92,000. Also, there will be some
per capita income based on the 600 new residents. The revenues will not begin until 2003/04.
The City negotiated a $2 million transition of funds with the County to help begin necessary
improvements.
Mayor pro tern Alvarez further asked about other reserve accounts. The Finance Director
reported there is a total of 75 funds. There are internal service funds; vehicle replacement,
liability, workers comp; every fund has a whole set of books.
Mayor pro tern Alvarez commented when he talked to some of the Parks Commissioners they
discussed Community Services building a reserve to do general maintenance of the parks, like a
maintenance fund. The Finance Director commented anything related to park maintenance now
is in the General Fund.
Mayor pro tern Alvarez asked about the proposal giving the City Manager authority to transfer
appropriated funds in non-departmental accounts - how does that dovetail into the one that exists
now whereby the City Manager has authority for $30,000 approval. The City Attorney
commented they are two completely unrelated items. The limits would be within the adopted
budget. The Finance Director noted they were not increasing the appropriation or expenditures;
rather moving the appropriation from non-departmental to the correct department. At this time,
the requirement is for any money to be moved between departments or between Capital
Improvement Programs it takes Council approval. Councilmember Coontz indicated Council
would be interested in the information and noted a status report was needed when department
funds are deployed. The Assistant City Manager indicated it could be included in the quarterly
update or could go in the weekly report. There is not a huge pressing need, rather it is a process
and the City Manager has taken process issues into his area of responsibility keeping policy
issues with Council. If Council does not concur that it is a routine process, staff can continue to
bring non-departmental transfers to Council for approval.
Mayor Murphy asked what is the percentage of funds set-aside are non-departmental? The
Finance Director remarked the percentage of funds subject to transfer is approximately $250,000.
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CITY COUNCIL MINUTES
APRIL 16, 2002
8. REPORTS FROM CITY MANAGER (Continued)
Mayor pro tern Alvarez asked for a policy or direction because Council puts a priority on the
$30,000 that can be done and if we are moving this way there should be a policy to dictate how
its done and monitored. Mayor pro tern Alvarez affirmed that the information could be
transmitted in the weekly or quarterly report to Council. The Assistant City Manager noted they
will include a policy for non-departmental transfers in the adoption ofthe final budget.
Mayor pro tern Alvarez commented the Street Fair was a huge expenditure for the City. Mayor
Murphy indicated there is a lot of volunteer time by city employees but work deployed by the
Police and Fire Department is paid back by the Street Fair Committee. Mayor pro tern Alvarez
commented we have these items that come up like the slippage at Nohl Canyon and had to use
emergency funds so what are some of the things that should fall into this category. The Assistant
City Manager will define it and return to Council.
Councilmember Cavecche commented she did not believe Council should include the budgetary
transfer in the budget. As she reviews the budget and knows what the departments are spending,
if there is a non-departmental transfer she would like to know and have Council approval over
that.
Councilmember Cavecche commented she is thrilled to see Library Services go back on their
own and thanked the City Manager's Office for making that happen.
Councilmember Cavecche remarked as the City gets into this budget it is important to recognize
the possible downturn at the State level and the need to come up with a way to publicize what
may be happening to the budget. The State Officials and Governor will be doing a lot of
planning as they go through to November. If the City takes a VLF hit of almost $5 million this
City will have a lot of problems. It is important whether it is through the newspapers or a letter
from the City Manager in the Fall Progress that the City become very vocal on what might be
happening at the State level and the affect on the City. The City of San Clemente is sending
letters to its residents giving them copies of form letters to send to their State Officials. Orange
needs to get proactive letting people know what might be happening. In today's newspaper, the
Governor was looking at cutting back on Prop 98 money and this could cause an uproar in the
community about saving the schools. Councilmember Cavecche advised having the City
Manager draft a letter through the Orange Progress explaining the downturn.
Councilmember Cavecche asked Council to consider adding to the Council's objectives and
work plans for Fiscal Year 2002/03 a plan and implementation test case of one community
outreach meeting where Councilrnembers would go out to an area of the City. It was suggested
targeting the West Orange area for the outreach meeting. Staff could assist by setting the scope
and topic. It would have to be well advertised and orchestrated. There are a lot of City activities
going on in the west side of the City, i.e. Chapman Avenue expansion, The Block, UCI and the
Uptown Orange plan. This could be used as a test case to see what type of response Council will
get from the community and as the years progress other areas in the City could be targeted.
Mayor Murphy noted basically that would take the community outreach meeting concept on
some specific projects and make it geographically based rather than project oriented.
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8. REPORTS FROM CITY MANAGER (Continued)
Councilmember Coontz thought Assemblywoman Lynn Daucher should be invited to attend.
Councilmember Slater thought the community outreach meeting on a one time trial basis is a
good idea.
Bob Bennyhoff, suggested asking OUSD to get an audit for the $500,000 and make sure the City
knows who the auditor is.
Mayor Murphy thanked City staff for their efforts in the budget process. He liked the idea of the
community outreach meeting which would take some time and preparation. Mayor Murphy
noted it was nice to bring the Library back as an independent department and congratulated Gary
Wann, Community Services Director who took over Library Services during past challenging
times. Mayor Murphy encouraged everyone to continue to work hard moving forward because it
will be challenging for a while.
9. LEGAL AFFAIRS - None
10. RECESS TO CLOSED SESSION
The City Council recessed at 6:35 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation: City of Orange v. Airport Working group, Orange County Superior Court Case No.
0lCC09018
b. 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.
11. ADJOURNMENT
The City Council adjourned at 7:45 p.m.
~/~-U~1di (~z:~ -<;AT
CASSANDRA J. i\THCART, CMC
CITY CLERK
MARK A.
MAYO
HY
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