4/29/2003 - Council Minutes - CC Minutes Adj
APPROVED BY THE CITY COUNCIL ON MAY 13,2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF AN ADJOURNED REGULAR MEETING APRIL 29 2003
,
The City Council of the City of Orange, California convened on April 29, 2003 at 5:00 p.m, in an
Adjourned Regular Meeting in the Weimer Room, 300 E. Chapman Avenue, Orange, California.
5:00 P.M. SESSION
BUDGET STUDY SESSION
1. OPENING
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Murphy
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None (Councilmember Alvarez left the meeting at 6:15 p.m.)
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None
2. PUBLIC COMMENTS - None
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 29, 2003 at Orange Civic Center,
Main Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Shaffer Park Bulletin Board, summarized on Time-Warner Communicatious and
available on the City's Web site www.cityoforange.org, 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 - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Item 3.1 was approved as recommended.
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April 29, 2003
4. REPORTS FROM MAYOR MURPHY - None
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7.
ADMINISTRATIVE REPORTS
TAPE 90
7.1 Report from the Director of Economic Development concerning the acquisition by
the City of Orange of real property located at 105, 125, 145 and 164-180 South Water
Street from the Orange County Fire Authority aud approval of au amended Cooperation
Agreement with the Orange Redevelopment Agency relating to the sale of 164-180 South
Water Street to the Orange Redevelopment Agency.
(See Redevelopment Agency Minutes 7.1)
SUMMARY: The City has negotiated a Purchase and Sale Agreement for the acquisition of the
surplus Orange County Fire Authority property located at 105, 125, 145 and 164-180 South
Water Street. Because the Orange Redevelopment Agency will acquire a portion of the property
from the City concurrently with the City's acquisition of the property from OCFA, a portion of
the $3.5 million purchase price in the amount of $1,815,818 will be funded with ORA funds.
The balance of the purchase price will be paid using Water Capital Funds and General Funds,
The City intends to use the 1.5 acre eastern portion of the property (e,g, 105, 125 and 145 South
Water St.) to support Fire Department and Water Division activities, however, project
conceptualization, design and planning for that portion of the property, as well as the portion to
be conveyed to the Agency, will be evaluated after the acquisition.
Discussion
Rick Otto, Sr. Housing Manager, presented a brief report. In response to questions by
Councilmember Ambriz about the property on the west side of Water Street, Mr. Otto reported
the Orange County Fire Authority has 18 months to transfer this property, and during this time,
the City will be developing plans for the use of the property on the west side,
Mr. Chuck Case, 195 S. James, asked if low income housing will be considered for the property
on the west side of Water.
Mayor Murphy noted that all uses can and will be considered for that property. Currently, the
majority of the property is zoned Residential, with a small portion zoned Office-Professional.
Council Action
RESOLUTION NO. 9727
A Resolution of the City Council of the City of Orange finding and determining that the public
interest, convenience and necessity require the acquisition for public purposes of certain real
property located at 125-145 and 164-180 South Water Street in the City of Orange from the
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7. ADMINISTRATIVE REPORTS (Continued)
Orange County Fire Authority and approving the terms and conditions and authorizing the
execution of a Purchase and Sale Agreement and Joint Escrow Instructions therefore; approving
an Amended Cooperation Agreement with the Orange Redevelopment Agency relating to the
sale of 164-180 South Water Street to the Orange Redevelopment Agency; and making certain
findings in connection therewith.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No, 9727.
MOTION - Alvarez
SECOND - Coontz
A YES- Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Appropriated $1,150,000 from the Water Capital Fund 601 to Account No, 601-8041-481102-
8935 (Water Plant Warehouse Replacement Project) for the project.
FISCAL IMPACT: There are adequate funds available for the acquisition and redevelopment of
the site in the following accounts:
Water Funds (601) (Water Plant Warehouse Replacement Project) $1, I 50,000
Fire Facility - Area 0 Fund 565 (Fire Station Headquarters Replacement $1,560,000
General Fund Capital Fund 500 (Fire Station Headquarters Replacement) $500,000
General Fund Unappropriated Reserve (from the sale of Manchester property) $1,125,000
Redevelopment Agency Fund 936 (Water Street Acquisition Project $1,815,818.
THE COUNCIL RECESSED TO THE MEETING OF THE ORANGE
REDEVELOPMENT AGENCY
8. REPORTS FROM CITY MANAGER
8.1 Report on the proposed Fiscal Year 2003/04 Budget including a summary of
projected revenues and recommended expenditures.
The City Manager reported this has been a very difficult budget year as the City faces economic
challenges. The City has seen some recovery, but not to the levels of pre 9-11. The State deficit,
the fall in interest rates and significant investment losses experienced by the State retirement
system (CaIPERS) are of major concern to everyone; and the City is looking at cost reductions,
revenue enhancements and the utilization of prior year surplus funds.
Mr. John Sibley, Assistant City Manager provided a power point presentation, indicating this
meeting is the third in a series of four meetings on the proposed budget. He highlighted General
Fund Expenditures and Budget Balancing Strategies, which include revenue initiatives,
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8. REPORTS FROM CITY MANAGER (Continued)
programmed savings plans, reductions in internal service charges, a surplus from FY 02-03 and
the liquidation of funds not needed for capital projects. He reviewed recommended staffing
changes, which result in 679 total full time employees for FY 03-04, down from 681 from FY
02-03; and the history of full time employees, noting that the City of Orange has one of the
lowest ratios of employees to population in the County.
Mr. Rich Jacobs, Assistant Finance Director, reviewed General Fund Revenues, noting the City
is projecting a 1% increase, or $621,000, in overall revenue for next fiscal year. He also
reviewed General Fund Revenues, noting that sales and property taxes alone do not even meet
safety expenditures for the City.
Councilmember Coontz indicated there is a proposal to take away sales tax and have cities
depend solely on property tax; stating there are already problems even without this legislation.
Mayor pro tern Cavecche indicated this legislation just came out of local committee and was
heading for the Assembly floor.
Mr. Jacobs reviewed Budget Transfers and Budget Reserves and Designations, indicating there is
a reserve of $16.8 million and a designation of $6.4 million,
Mayor Murphy asked for clarification on the Fund Balance for the General Fund, noting that
particular slide was misleading, He asked how much money would be available at June 30, 2004
given all assumptions.
Mr. Jacobs stated there would be approximately $25 million, which is simply being set aside for
future years cost as well as a 25% catastrophic reserve.
Mayor Murphy stated it is important to note that the City is setting aside significant reserves and
planning for the future, and there is not a lot of discretion for additional projects while the City
deals with the uncertainties of the economy,
Councilmember Coontz stated there needs to be more specifics on the budgetary concerns for the
Education Relief Augmentation Fund (ERAF) shifts and the Vehicle License Fee (VLF)
Backfill, and what affects they will have,
The City Manager reported if the budget were to be adopted with the proposed
recommendations, it would be a balanced budget. However, there are still concerns with the
Education Relief Augmentation Funds which are very vulnerable, AB 1221 which is a sales taxI
property tax shift, the backfilling of Vehicle License Fees, the state and federal economy and the
downturn of the stock market, and the increasing costs for the PERS system, He stated
additional information will be provided to the Council on these concerns.
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8. REPORTS FROM CITY MANAGER (Continued)
The City Manager stated he is also looking for concurrence and acknowledgement from the
Council to either move forward, or not move forward, concerning discussions with the School
District on the issue of Crossing Guards at approximately 21 locations which do not meet State,
County or City warrants. He also asked for direction regarding the City's intent to suspend the
DARE Program for at least the next few years so these Police resources can be redirected to
crime suppression activities; and the City's intent to bill the School District for water services at
certain locations, These issues will be consolidated into a separate report, with the concurrence
of the CounciL
The City Manager reviewed positive steps for the City, including the Water Street property
acquisition, the renovation of the Mall of Orange, residential and commercial development in
East Orange and West Chapman and the efforts of the Library and Community Services
Foundations.
Council Ouestions
Mayor pro tern Cavecche wanted to clarify that the $1 million for the Police facility debt service
was a debt paid by the Redevelopment Agency, but set aside in the event the Agency could not
fulfill that obligation; and noted that the PERS financial condition could get worse before it gets
better and this money is being set aside for the future.
Councilmember Coontz thanked the Staff for being more proactive and doing more than in the
past and wanted to ensure that Staff was working on strategies for a worse case scenario in
addressing priorities and other ideas. She suggested it is important to get the word out to the
community exactly what the budget constraints are and what the repercussions will be
throughout the community, so that outside organizations will understand the limits of supporting
certain events, There needs to be a dramatic presentation to the community of what the cuts will
be and how they relate specifically to Police, Fire and Public Works.
The City Manager pointed out this is a good opportunity for the public to step up and help with
the funding of certain events and projects in a true public/private partnership.
Councilmember Alvarez asked about the elimination of the Internal Auditor position and the
addition of a Homeland Security position. He asked if the City will be able to provide services
to the newly proposed East Orange areas and if the City is pursuing any hotel development to
increase Transient Occupancy Tax revenues,
The City Manager indicated there is currently an Internal Audit Manager position and any
additional work is outsourced to consultants; and there will be no change in the services
provided, The Homeland Security position will be an upgraded Sergeant position in the Police
Department, and will coordinate security for the City and act as a liaison with outside agencies.
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8. REPORTS FROM CITY MANAGER (Continued)
The City is also working on a fiscal report for the East Orange area, hoping for a better property
tax split with the County. He will provide a report on this to the Council within 60 days. He
also reported the City is looking at hotel developments, with a specific niche, in order to compete
in the hotel market.
Note: Councilmember Alvarez left the meeting at 6:15 p,m.
Councilmember Ambriz wanted to ensure that a complete line item budget would be available
for the public prior to the June 10 public hearing; and there would be a public outreach program
to inform the public on increases to fines and forfeitures. He also asked for a clarification on the
crossing guard program.
The City Manager reported the City needs to convey information to the School District about the
budget constraints and the need to cut back certain programs; and give the School District the
opportunity to either budget, or create partnerships with the public or private enterprise, to take
over programs such as Crossing Guards and the DARE program. He stated that of the 45
Crossing Guard locations, 21 locations do not meet City criteria, which is more liberal than
County or State criteria; and the District would have to be notified that the City may have to
suspend Guards at these 21 locations,
Mayor Murphy stated this is an opportunity to initiate an "Adopt a Guard" program; where the
City would still run the program, but the funding for some of the guards would come from other
sources,
Councilmember Coontz stated the Crossing Guard issue is difficult because the City has been
managing it for so long, but it may be an opportunity for the School District to shift some of their
attendance boundaries.
In response to a question by Councilmember Ambriz, the Community Services Director
indicated none of the playground programs would be cut.
In response to questions by Mayor pro tern Cavecche about the POST revenue line item, it was
reported the line item numbers for POST revenue was $55,000 for 00-01, $71,000 for 01-02 and
$12,500 for 02-03 because of the cut off from the State.
Council Comments
TAPE 2510
Mayor pro tern Cavecche stated she was in agreement with communicating to the School District
about the cuts for Crossing Guards and also for the DARE program, as she believed sworn
officers should be on the streets and not in the classrooms. She suggested the School District
should get creative in finding other ways to continue DARE programs, such as using retired or
volunteer officers. She also agreed with transferring water bills to the School District, as this is
an enterprise fund and the City needs to show good stewardship to the rate payers. She also
stated the City needs to be aggressive with developers, who are not held to Quimby Act
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8. REPORTS FROM CITY MANAGER (Continued)
standards, in holding developers responsible for building new parks. She suggested the budget
message needs to get out to the community, possibly in the Orange Progress, explaining exactly
what the City is in for and what the City will be doing to hold back services.
Councilmember Coontz stated a message needs to be sent out to the community with specific
examples of what could happen, especially with regard to Police, Fire and Public Works
services, as these are services the community is familiar with,
Councilmember Ambriz congratulated staff on a great job and was glad to see a very proactive
approach to the budget.
Mayor Murphy congratulated and recognized staff for the budget cuts already made this past
fiscal year, which has allowed the City to manage the budget without making additional cuts, He
agreed with the proposed cuts to the School District and stated it is important to communicate
these proposed cuts to the School District, to give them time to manage and prepare their own
budget to take on these extra services, He also congratulated the Foundations on the work they
are doing which helps supplement the City budget.
MOTION - Murphy
SECOND - Ambriz
A YES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved to receive and file the report on the proposed Fiscal Year 2003/04 Budget.
9. LEGAL AFFAIRS
10. RECESS TO CLOSED SESSION
NOTE: There was no Closed Session; the Council did not recess.
The City Council will recess to a Closed Session for the following purposes:
a. Conference with Real Property Negotiators pursuant to Government Code Section 54956,8:
Property: 124-145 and 164-180 S. Water Street, Orange, CA
Agency Negotiator: Linda Boone
Negotiation Parties: City of Orange, Orange Redevelopment Agency and Orange County Fire
Authority
Under Negotiation: Price and terms of payment
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.
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CITY COUNCIL MINUTES
11. ADJOURNMENT
MOTION - Ambriz
SECOND - Coontz
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
The City Council adjourned at 6:35 p,m,
it'<(0--tf~ ~
MARY . URPHY
DEPUTY CITY CLERK
April 29, 2003
#/l1AJ!-fr
MAYOR
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