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06-14-1994 Council MinutesAPPROVED CITY COUNCIL MINUTES OF A REGULAR MEETING BY THE CITY COUNCIL ON JUNE 28, 1994 ORANGE, CALIFORNIA JUNE 14, 1994 The City Council of the City of Orange, California convened on June 14, 1994 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, Coontz, Murphy ABSENT - Mayor Beyer 1.3 APPROVAL OF MINUTES Regular Meeting May 24, 1994.MOTION - Coontz SECOND - Murphy AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Approved. Adjourned Regular Meeting May 31, 1994. MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Approved.1.4 PRESENTA TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Janet Schwartz, Board of Directors, Volunteer Center, presented a gift of appreciation to the City of Orange in recognition of its participation in the second annual Volunteer Connection Day.1.5 PROCLAMATIONS - None PAGE 1 CITY COUNCIL MINUTES JUNE 14, 1994 2.CONSENT CALENDAR TAPE 125 2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting ofJune 14, 1994, 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. 2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands. ACTION: Approved. REMOVED AND HEARD SEPARATELY) 2.3 Request for the installation of an All-Way Stop control device at the intersection of Center Street and Palm Avenue. (Continued from May 10, 1994.) (S4000.S.3. 3)FISCAL IMP ACT: None.Carole Walters, 534 N. Shaffer, representing Socorro Baca, 313 N. Center Street,commented she is in favor of a stop sign. It was recommended the stop sign at Walnut and Center be removed and placed at Palm and Center.MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Moved to continue this item for 45 days as requested by the City Traffic Engineer to allow for additional studies and to prepare an area map of existing stop sign locations.2.4 Request Council approve Consultant Agreement between the City and Hoganroy Partners Landscape Architectural firm for the design development of the Santa Fe Depot in the amount of $22, 925.00. (AZI00.0.Agr.2225)FISCAL IMPACT: Sufficient funds are available to fund the project in the following accounts:510-7021- 485100- 0971 - $75,000.00 324- 7021-785100-0971 - $75,000. 00 926-9811-485100-0971 - $ 100,000.00.ACTION: Authorized City Manager to execute on behalf of the CITY COUNCIL MINUTES JUNE 14, 1994 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEP ARATEL Y) 2.5 Request Council approve Memorandum of Agreement (MOA) in support of the Natural Communities Conservation Planning (NCCP) Program. (AZI00.0.Agr.2226) FISCAL IMPACT: No additional City expense will be incurred as a result of this action. Item is budgeted under Account No. 100- 6015-411102-0000.The Manager of Community Development explained the Gnatcatcher has been delisted as a threatened species, however it is just a matter of time before it is relisted. The MOA does not commit the City to the program. This is an alternative solution, to set aside a reserve for wildlife in order to continue with necessary highway construction and home building.Bob Bennyhoff, 10642 Morada Dr., commented in support of the proposed agreement. MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.2. 6 Request Council award a contract in the amount of $63,200.00 to Mladen Grbavac Construction Company for construction of the Maple Avenue storm drain across SCRRA right- of-way. Bid No. 934-30; D-1l4. (AZIOO. 0.Agr.2227)FISCAL IMPACT: $28,100 is budgeted in Community Development Block Grant Funds for this project. $35,100 in additional appropriations in the 550 Fund are requested for this project.ACTION: Authorized the Mayor and City Clerk to execute on behalf of City.2.7 Request Council award a contract in the amount of $7,295.00 to M.A. Electric for lighting improvements in the City parking lot at Chapman Avenue and Santiago Creek. Bid No.934-28; S.P. 3050. ( AZI00.0.Agr.2228)FISCAL IMPACT: $7,295 is budgeted in Yorba Park Medical Parking Lot funds for this project.ACTION: Authorized the Mayor and City Clerk to execute on behalf of City.2.8 Request Council award a contract in the amount of $9,985.00 to Accurate Landscape for landscaping and irrigation of City parking lot at Chapman Avenue and Santiago Creek.Bid No. 934-29; S.P. 3050. (AZI00. CITY COUNCIL MINUTES JUNE 14, 1994 2. CONSENT CALENDAR (Continued) FISCAL IMP ACT: $9,985 is budgeted in Yorba Park Medical Parking Lot funds for this project. ACTION: Authorized the Mayor and City Clerk to execute on behalf of City. 2.9 Request Council approve Contract Change Order No. 1 and Final in the amount of 8,682.65 to Excel Paving Company for the Maple Avenue Storm Drain, from Batavia to OCTA right-of-way. Bid No. 934-15; D-112. ( AZI00.0.Agr 2191)FISCAL IMPACT: $8,682.65 is budgeted in the Community Development Block Grant Funds for thispurpose.ACTION: Approved.2.10 Request Council approve Contract Change Order NO.1 in the amount of $ 288,456.00 to Sully Miller Contracting Company for construction of Santiago Canyon RoadIVilla Park Road from Lemon Street to Hunters Way. Bid No. 934-13; S. P. 2882. (AZI00.0.Agr 2186)FISCAL IMPACT: $34,301 is budgeted in Santiago - Windes to Newport funds;123,700 is budgeted in Villa Park Road - Lemon to Linda Vista funds; $ 104,455 is budgeted in Santiago Canyon Road - Linda Vista to Windes funds; $26,000 is budgeted in Sewer Main Construction funds for this purpose. ACTION: Approved.2.11 Request Council approve a Contract Change Order in the amount of $100,000to R.1.Noble Company for Street Maintenance 1993-94 at various locations. Bid No. 934-12. AZI00.0.Agr.2189)FISCAL IMPACT: $100,000 is budgeted in Local Street Maintenance funds for this project.ACTION: Approved.2.12 Request Council approve an agreement with First American Title Insurance Company in an amount not to exceed $30,000 for preliminary title servicesfor the La Veta/Main/Chapman widening project. S.P. 3036. (AZI00. 0.Agr.2175.1)FISCAL IMPACT: $30,000 is budgetedin the La Veta/Main/ Chapman Fund for this purpose.ACTION: Authorized the Mayor and City Clerk to execute on behalf CITY COUNCIL MINUTES JUNE 14, 1994 2. CONSENT CALENDAR (Continued) 2.13 Request Council authorize payment for $9,955.00 as the lump sum total and final payment to Merit Civil Engineering, Inc., per Agreement No. 2208, for preparation of construction plans and contract specifications with cost estimates for Halyard, Primrose, and Emerald Street rehabilitation. S.P. 3090. (AZI00.0.Agr.2208) FISCAL IMPACT: $9,955 is budgeted in Community Development Block Grant funds for this purpose. ACTION: Approved. 2.14 Request Council approve an amendment to an agreement with the law firm of Howarth and Smith. (AZI00.0.Agr.2190.1) FISCAL IMPACT: None. This is a contingency fee contract and no payment for attorney services is due unless there is recovery for the City. Funds for litigation costs are budgeted in the fiscal year 1994-95 budget in Account No. 100-0301-426100.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.15 Request Council approve transfer $50,000.00 from Account 100-0301-411102 (salary savings) to Account 100-0301-426100 for the payment of present and future legal expenses related to unanticipated need for legal services and representation in litigation.C2500.B)FISCAL IMP ACT: None. Funds requested to be transferred were appropriated in the present budget.ACTION: Approved.2.16 Request Council approve agreement with Municipal Resource Consultants (MRC) for revenue enl1ancement audit services. (AZI00.0.Agr.2211)FISCAL IMPACT: Fiscal year 1994-95 has $ 40,000.00 budgeted for this contract. Exact cost will be determined based upon confirmed new revenue.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.2.17 Request from Orange High School for the temporary suspension of Permit Parking restrictions within 'Area A' on Thursday, June16, 1994for the Graduation ceremonies. S4000.S. 3.1. CITY COUNCIL MINUTES JUNE 14, 1994 2. CONSENT CALENDAR (Continued) 2.18 Request permission to advertise a public works improvement project for bids, namely the installation ofa traffic signal at the intersection ofFairhaven Ave. and Yorba St. Bid No. 934-34. (S4000.S.3. 3)FISCAL IMP ACT: Funding for this project will be provided by Growth Management Area 3 & 7 (GMA) in the amount of$94,441. 95.ACTION: Approved.2.19 Request for execution of escrow documents relating to the purchase of right- of-way at 480 S. Glassell St. (AZI00. 0.Agr.2230)FISCAL IMP ACT: Estimated at $12,000.00 to be provided through # 272 Gas Tax funds.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.20 Request Council approve an agreement in the amount of$II,OOO.OO for the renewal of the existing contract with Willdan Associates for collection services for Assessment Districts 86-1, 88-1 and 90-1, and Landscape Maintenance District No. 86-2.AZI00.0.Agr.1208.F-AD86-1; Agr.1758. A-AD90-1; Agr. 1776.C-AD88-1; Agr.1281.E-AMD 8602)FISCAL IMP ACT: None. All four assessment districts have allocated funds for engineering collection services.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.REMOVED AND HEARD SEPARATELY)2.21 Request from Girl Scouts for waiver of fees for Critter Country Day Camp from June 27-July 1, 1994 at Hart Park. ( P1300.0.9)FISCAL IMPACT: Loss offees in the amount of $600.00. Councilwoman Coontz commented there is a standing policy to not waive any fees.However, the request could be approved with the understanding there be no cost to the City regarding cleanup and the care of the City park and facilities.MOTION - Coontz SECOND - Murphy AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Approved waiver offees with the understanding the City Manager will CITY COUNCIL MINUTES JUNE 14,1994 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.22 Request from Mariola Szeglowska and Zbigniew Tatomir for buffer wall at P. J. Mead's Books and Coffee House, next to their property at 143 S. Cambridge Street. (RI200.0) FISCAL IMP ACT: Unknown. Ms. Szeglowska, 143 S. Cambridge, commented on the noise problems she is experiencing and the reasons for the buffer wall. Carole Walters, 534 N. Shaffer, commented in favor of the buffer wall, and indicated if the Coffee House want to expand they should go to Santa Ana. MOTION - Coontz SECOND - Murphy AYES - Spurgeon, Barrera, Beyer, Coontz ABSENT - Mayor Beyer ACTION: Referred to Staff for a report, to include all complaints, and return to Council within 30 days.MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Items 2.3,2. 5,2.21 and 2.22 were removed and heard separately; all remaining items on the Consent Calendar were approved/denied as recommended. END OF CONSENT CALENDAR 3.REPORTS FROM MAYOR BEYER TAPE 845 3. 1 Reappointment of William Cathcart to the Planning Commission, term to expire June 14, 1998. (C2500.G.2.5.1) MOTION SECOND AYES ABSENT Barrera Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Approved.Page 7 CITY COUNCIL MINUTES JUNE 14,1994 3. REPORTS FROM MAYOR BEYER (Continued) 3.2 Appointment of Ted Williams to the Official City Old Towne Steering Committee, term to expire June 14, 1996. (OR1800.0.16) Councilwoman Coontz requested a one week continuance in order to review Mr. Williams' application which was not included in the Council packet. The inclusion of the application has been a standard policy, but was an oversite in this case. Councilman Spurgeon and Councilman Murphy indicated they had received the application for review a few months ago. Dr. Ted Williams, 223 W. Palm, commented that he had met Councilwoman Coontz at a function. Carole Walters, 534 N. Shaffer, remarked Dr. Williams attended a function for Councilman Murphy where Councilwoman Coontz had met Dr. Williams. MOTION SECOND AYES ABSENT NOES Coontz Barrera Barrera, Coontz, Murphy Mayor Beyer Spurgeon Moved to continue this item to the June 21, 1994 Agenda. The City Clerk was instructed to include a copy of Dr. Williams' application in the Council packets for review.4. REPORTS FROM COUNCILMEMBERS Councilman Murphy requested the City Manager and City Attorney submit for Council's review a Gift Ban Ordinance similar to the ordinance used by the County. The ordinance is to cover all elected and appointed officials as well as designated employees. The proposed ordinance is to return to Council as an agenda item within 45 days from this date.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7.REPORTS FROM CITY MANAGER TAPE 1114 7.1 Oral report from City Manager on Theo Lacy Jail expansion. (OCI300.J)The City Manager announced on June 29, 1994 the City will meet with the Sheriff in a mandatory settlement conference. The Council will discuss this further in Closed Session.Bob Bennyhoff, 10642 Morada Dr., reported over the past few weeks, a judge had ruled the case will be heard in Los Angeles County by a Superior Court Judge experienced in environmental law.Page 8 CITY COUNCIL MINUTES JUNE 14, 1994 7. REPORTS FROM THE CITY MANAGER (Continued) The City Attorney commented he had talked to Ms. Trager, Attorney representing the City, and was aware of the change in location and judge. 8.LEGAL AFFAIRS TAPE 1195 8.1 RESOLUTION NO. 8312 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 the expansion of Chapman General Hospital to include: 1) Two building additions totaling approximately 28,000 square feet; 2) Increase of site area by approximately .4 acres for the purpose of parking lot expansion and modification; and 3) Placement of a temporary modular building for use as a doctor's dining room during construction at property located at 2601 East Chapman Avenue. (C3300.0) Conditional Use Permit No. 2058- 94 Chapman General Hospital MOTION SECOND AYES ABSENT Murphy Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8312 as introduced be adopted and same was passed and adopted by the preceding vote. 8.2 RESOLUTION NO. 8342 A Resolution of the City Council of the City of Orange expressing appreciation to Chief Edward D. Rowlett of the Orange Fire Department and commending him for more than twenty-nine years ofloyal and dedicated service. (C2500.H)MOTION SECOND AYES ABSENT Spurgeon Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8342 as introduced be adopted and same was passed and adopted by the preceding vote.Page 9 CITY COUNCIL MINUTES JUNE 14, 1994 8. LEGAL AFFAIRS (Continued) 8.3 RESOLUTION NO. 8343 A Resolution of the City Council of the City of Orange giving preliminary approval to the Engineer's Report" for Landscape Maintenance Assessment District 82-1 and declaring its intention to provide for an annual levy and collection of assessments in that special maintenance district and setting a time and place for public hearing to receive evidence on the foregoing matters. (Ll200. 0)Discussion: Councilwoman Coontz remarked that staff should be prepared to answer any complaints from homeowners at the public hearing scheduled for July 12, 1994 regarding landscaping for Items8.3 and8. 4. MOTION SECOND AYES ABSENT Spurgeon Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8343 as introduced be adopted and same was passed and adopted by the preceding vote.8. 4 RESOLUTION NO. 8344 A Resolution of the City Council of the City of Orange giving preliminary approval to the Engineer's Report" for Landscape Maintenance Assessment District 86-2 and declaring its intention to provide for an annual levy and collection of assessments in that special maintenance district and setting a time and place for public hearing to receive evidence on the foregoing matters. (Ll200. 0)MOTION SECOND AYES ABSENT Murphy Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8344 as introduced be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION NO. 8345 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 934-15; Excel Paving Company; Maple Avenue Storm Drain from Batavia Street to OCTA Right-of-Way. (AZI00.0.Agr.2191)Page 10 CITY COUNCIL MINUTES JUNE 14, 1994 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES ABSENT Spurgeon Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8345 as introduced be adopted and same was passed and adopted by the preceding vote.8. 6 ORDINANCE NO. 10-94 An Ordinance of the City Council of the City of Orange amending Section 17.90.030 of the Orange Municipal Code relating to length oftime a legal non-conforming residential structure may be replaced. (A2500.0-Buildings Non- conforming) MOTION SECOND AYES ABSENT Barrera Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Ordinance No. 10-94 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8. 7 ORDINANCE NO. 11-94 An Ordinance of the City Council of the City of Orange amending Chapter 12.12 of the Orange Municipal Code regarding the duty of property owners and the City to maintain trees, sidewalks, bikeways, trails and parkways in a non-dangerous condition. (A2500.0- Property Maintenance)Councilman Murphy commented the ordinance references the property owners responsibility regarding right-of-way, trees, sidewalks and trails and yet there is an exemption in the chapter and definitions concerning the fact that tl1e property owner shall not be responsible for the repair of sidewalks if the damage is caused by street trees or city utility cuts. It needs clarification. The Director of Public Works suggested this be placed in the recitals portion of the ordinance.The City Manager indicated he would develop a brochure that would summarize the policy,making it clear who is responsible. MOTION SECOND AYES ABSENT Murphy Barrera Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Ordinance No. 11-94 have first reading waived and same was set for second reading by the preceding vote. CITY COUNCIL MINUTES JUNE 14, 1994 9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS 10.1 Proposal from AI Palladino regarding political signs. Mr. Palladino reported Resolution No. 6552 is meaningless and does not extend to where the problems exist which is on private property. Mr. Palladino suggested the following wording which is not in Resolution No. 5662: Upon any private property, vacant or occupied, or any private structure or building without the written consent of the owner or person in control thereof, in as much as the application of posting of political signs. " The City Attorney commented the City cannot ban political signs on private property. However, the City can regulate the size and location of signs as long as me content is not regulated. Mayor pro tem Barrera announced Mr. Palladino's suggestion would be taken under advisement and passed on to the Mayor. Carole Walters, 534 N. Shaffer, asked if all Councilmembers were to be treated like everyone else when they post their campaign signs. Mayor pro tem Barrera conveyed to Mrs. Walters that everyone in a campaign race follows the same rules regarding the placement of political signs. 10.2 Carole Walters presented Council a petition with approximately 65 signatures of residents living in the Meredith Acres tract complaining about the danger of potential accidents at the intersection of Santiago and Brookside Streets. The petitioners are notifying the City that if any member of their family is involved in an accident at this intersection they will file a lawsuit. The City Traffic Engineer reported this issue was heard before the Traffic Commission and it was recommended that a form of channelization be implemented on Santiago Boulevard allowing left turns onto Brookside and not allow the left turns from Santiago into the Villa Park Shopping Center. The City of Villa Park has also asked for the following studies to be conducted: 1) incident study within the left turn area; 2) possibility ofre1ocating the central access drive to a point southerly of its current location and/or adding a second drive so left turns can be provided; and 3) consideration be given to signalization. The City Manager recommended this request go back to the City Traffic Commission for review with a recommendation forwarded to Council for approval. George Chavez, 2711 Lakeside, commented he is concerned about this problem. He had a petition that was signed by residents in Villa Park regarding this issue and felt that the petition belonged in Villa Park, not Orange. 10.3 Corinne Schreck, 446 N. James, inquired what was the property owner's duty regarding Ordinance No. 11-94? The Director of Public Works explained the sidewalk/street tree policy.10.4 Mrs. Vinnie Palladino presented Council with American flags for Flag Day.Page CITY COUNCIL MINUTES JUNE 14, 1994 10. ORAL PRESENTATIONS (Continued) 10.5 Jon Borgeson, Cablevision of Orange, announced the Council meetings will be televised beginning July 12th through the next six weeks. Mr. Borgeson outlined the public relations campaign that will be initiated. 11. RECESS MOTION SECOND AYES ABSENT Barrera Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer The City Council recessed at 4:30 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a), to wit: City of Orange vs. Insurance Co. of North America, Orange County Superior Court Case No.71-84-93.Deleted from Closed Session - City of Orange vs. Moreland and Associates, Orange County Superior Court Case No. 70-13-96.Deleted from Closed Session - City of Orange vs. Refco Securities, Inc., NASD Arbitration No. 92-03685. National Advertising vs. City of Orange, United States District Court Case No. CV 85-4968 TJH( Kx).City of Orange vs. United Pacific Insurance, Orange County Superior Court Case No. 724236.City of Orange vs. Orange County Sheriff, Orange County Superior Court Case No. 729718.b. Conference with Legal Counsel - anticipated litigation. Initiation oflitigation pursuant to Government Code Section 54956.9(c) (one potential case).Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (onepotential case).c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.City Negotiator: Orv Placial, Personnel Director.Employee Organizations: Professional, Technical and Clerical; Water; Firefighters Union; Fire Management; Supervisory and Mid-Management.d. 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.Page 13 CITY COUNCIL MINUTES JUNE 14, 1994 7:00 P.M. SESSION 12. INVOCATION Bob McAulay, member of the Rotary Club of Orange. 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS The City Manager announced there were several citizens at the meeting concerned regarding the expansion of use at Santiago Hills Park. Because of the difficulties in terms of bringing support from the community and the users, the City has decided not to move ahead with the expansion of use at Santiago Hills Park. The Director of Community Services will work with the citizens to find an alternative. There is a need in the community for a sports park. 12.3 INTRODUCTIONS Councilwoman Coontz introduced Leslie Wright, reporter for the L. A. Times now covering the City of Orange. 12.4 PROCLAMATIONS - None 12. 5 PRESENTATIONS - None 13.PUBLIC HEARINGS TAPE 2794 13.1 JOINT PUBLIC HEARING, 1994/95 FISCAL YEAR BUDGET, CITY OF ORANGE:Time set for a joint public hearing with the Orange Redevelopment Agency to consider the adoption of the 1994/95 Fiscal Year Budget and Resolution No. 8346 adopting a limitation on certain appropriations in accordance with Article XIII of the State Constitution. (C2500 .1.1.1)MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.The City Manager presented the balanced budget for 1994/95 which is approximately $900,000 less than last year. This has been done without decreasing, with the exception of a few areas, any level of service. There are some one time reductions. During this fiscal year there will be a major restructuring in the organization. With Council's assistance and the support of the constituency and the employees, it is proposed that expenditures be cut by approximately $5,000,000 over the next 12 to 18 months. This will require a clearly defined list of wants and needs.This budget is based upon the following assumptions: 1) no local tax or fee increase, 2) no hit from the State and 3) the local economy will have some degree of improvement. This operating Page 14 CITY COUNCIL MINUTES JUNE 14,1994 13. PUBLIC HEARINGS (Continued) budget is less than the 1993/94 and is $47,300,000. In terms of expenditures, the line will be held on maintenance and operation, number of employees and those benefits which accrue because of employment. In the future, the City may be subject to indiscriminate cuts by the State. If this happens, a mid- year adjustment will be presented to Council. Councilwoman Coontz asked with the withdrawal of the Santiago Hills project would the 200,000 still remain in the CIP document to be used for another site. The City Manager indicated it would remain in the CIP document. Vie Calagna, 1135 E. Culver, asked if the City had a 6% Utility Tax. The City Manager stated the City does not have a 6% Utility Tax. Mr. Calagna further asked why Redevelopment is spending $5,000,000 on Public Works projects. The City Manager explained the CIP is $25,000,000 and a portion of that comes out of the funding source of Redevelopment because those improvements do make a betterment within the project areas. The law allows Redevelopment funds to be used within those project areas. Mike Alvarez, 360 S. Glassell, recommended the Department Heads create a Mission Statement. Carole Walters, 534 N. Shaffer, asked the City Manager to explain the Task Force concept. The City Manager responded the Task Force would be a combination of different departments, Police, Fire, and Building & Safety to look at neighborhoods that need to be upgraded. Mrs. Walters asked ifthere would be layoffs in Code Enforcement. The City Manager indicated not at this time. Council expressed comments regarding their appreciation to the City Manager and staff for presenting a balanced budget and his leading the restructuring efforts. The City Manager reported the budget is a dynamic document. Appropriations and expenditures will be reviewed on a monthly basis with reports to Council. A meeting will be scheduled on or before mid-year to go through the budget process to see if everything is on track.The City Manager thanked Council for being so receptive to the many budget workshops and for their support. He also thanked the Department Heads and staff members that worked on the budget document.THERE BEING NO FURTHER COMMENTS, MAYOR PRO TEM BARRERA CLOSED THE PUBLIC HEARING.Page CITY COUNCIL MINUTES JUNE 14,1994 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES ABSENT Murphy Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to approve the proposed Fiscal Year 1994/95 budget appropriations.RESOLUTION NO. 8346 A Resolution of the City Council of the City of Orange approving and adopting the appropriations limit for the Fiscal Year 1994/95.MOTION SECOND AYES ABSENT Murphy Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8346 as introduced be adopted and same was passed and adopted by the preceding vote.MOTION SECOND AYES ABSENT Murphy Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to make a finding that budgeted appropriations are in compliance with the Gann spending limitation.MOTION SECOND AYES ABSENT Coontz Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer a. Moved to approve the Seven Year Capital Improvement Program, with the deletion of the Santiago Hills Park project.MOTION SECOND AYES ABSENT Coontz Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer b. Moved to accept the finding of the Planning Commission that the Seven Year Capital Improvement Program is consistent with the General Plan, except as specifically noted in the Capital Improvement Program.Page 16 CITY COUNCIL MINUTES JUNE 14, 1994 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES ABSENT Coontz Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer c. Directed that no funds be expended on inconsistent projects prior to amending the General Plan to ensure consistency. MOTION SECOND AYES ABSENT Coontz Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer d. Appropriated funds for 1994/95 Capital Improvement Program projects, with the exception of cooperatively funded projects (Fund 550), whose appropriations are contingent upon the execution of a cooperative funding agreement with other agencies.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS - None 16. ADJOURNMENT MOTION SECOND AYES ABSENT Barrera Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer The City Council adjourned at 7:47 p.m.Marilyn J. Jensen MARILYN 1. JENSEN, CMC CITY CLERK Gene Beyer GENE BEYER MAYOR BY~~d CASSANDRA 1. C HCART, CMC DEPUTY CITY CLERK Bya.f~"-- L. BARRERA MAYOR PRO TEM Page 17