01-26-1993 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
January 26, 1993
The City Council of the City of Orange, California convened on January 26, 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
1.2 ROLL CALL
PRESENT - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz ABSENT -
Spurgeon, Barrera NOTE: Councilmen
Barrera and Spurgeon arrived at 3:10 P.M.1.3
APPROVAL OF MINUTES Regular Meeting -
January 12, 1993 MOTION - Steiner SECOND -
Mayor Beyer AYES -
Steiner, Mayor Beyer, Coontz
ABSENT - Spurgeon, Barrera ACTION: Approved.Regular
Meeting - January 19, 1993
MOTION - Steiner
SECOND - Coontz AYES - Steiner, Mayor Beyer,
Coontz ABSENT - Spurgeon,
Barrera ACTION: Approved.
1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS Resolution
No. 8134 was presented
to Ed
Makimoto of the Orange Water
Department,commending him for more than 26 years ofloyal and dedicated service.1.
5 PROCLAMATIONS - None PAGE 1
CITY COUNCIL MINUTES January 26, 1993
2.CONSENT CALENDAR TAPE 2954
2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a
regular meeting of January 26, 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.
2.2 Authorize the Mayor and Director of Finance to draw warrants on City Treasurer in
payment of demands.
ACTION: Approved.
2.3 Request authorization for final payment to Beverly Hills Transfer and Storage for moving
expenses related to the Civic Center Improvement Project in the amount of $6,794.50.
P2500.0.5)
FISCAL IMP ACT: $6,794.50 is budgeted in the Civic Center Expansion Account #500-
1311-
781301-9808.
ACTION: Approved.2.4 Request for temporary closure of South Orange Street for block party -
approximately 100 feet southerly of Chapman Avenue between 4:00 p.m. and 11:00 p.m. on March
25,1993. (S4000.S.
4)FISCAL IMP ACT:
None ACTION:
Approved.2.5 Request for the installation of red curb markings at 512 E. Katella Avenue, adjacent
to Ozzie's Restaurant. (S4000.S.3.1.
1)FISCAL IMPACT: Funding provided under Traffic Safety 250
Funds.ACTION:
Approved.2.6 Request for the installation of vision zones at the southwest comer of Trenton Avenue
and Grand Street. (S4000.S.3.1.
1)FISCAL IMPACT: Funding provided under Traffic Safety 250
Funds.ACTION:
Approved.PAGE
CITY COUNCIL MINUTES January 26, 1993
2. CONSENT CALENDAR (Continued)
2.7 Request for the installation of a 'cargo loading' zone at 1449 W. Braden Court.
S4000.S.3.U)
FISCAL IMPACT: Funding provided under Traffic Safety 250 Funds.
ACTION: Approved.
2.8 Request approval of Legal Services Agreement with the Law Offices of Cummings &
Kemp. (A2100.0.Agr 2056)
FISCAL IMP ACT: No additional appropriation will be required. Funds for payment of
liability legal defense firms are budgeted in Account 740-
1211-426100.ACTION: Authorized Mayor and City Clerk to execute on behalf of
the City.2.9 CLAIM FOR
DAMAGES FROM:
C3200.0)
Jerry Patterson
Erick Fink
Marlene Dumas
Matthew Gillispie
James Su
Mary Perez FISCAL
IMPACT: None ACTION: Denied Claims and referred to City Attorney
and Adjuster.2.10 Authorize receipt of $4,500 in California Library Service Act funds administered
by the California State Library for the purpose of Families for
LiteracyProgram.
C2500.I)FISCAL IMP ACT: The Grant Award of $4,500 will augment the Library
Department's fiscal year
1992-93
budget.ACTION: Approved.2.11 Request to approve an amended Uniform Bail Schedule regarding
Vehicle Code parking
violations. (A2500.0)FISCAL IMP ACT: Increase in the percentage of reimbursable revenue to
the City of Orange from fine collection by the Municipal Court generated by the
higher bail amounts contained in the Amended Bail Schedule for
CVC Parking
Violations.ACTION:
CITY COUNCIL MINUTES January 26, 1993
2, CONSENT CALENDAR (Continued)
MOTION - Steiner SECOND -
Spurgeon AYES - Spurgeon,
Steiner, Mayor Beyer, Barrera, Coontz All items on
the Consent Calendar were approved as recommended.END OF CONSENT
CALENDAR 3.REPORTS FROM
MAYOR BEYER TAPE 2968 3.1 Report
from Mayor Beyer on Joint Use Library architect's contract and project schedule.OR1800.0.90)
Council discussion ensued
regarding what monetary commitment beyond the architectural design does
the State or Rancho Santiago College expect through this proposal. Past
Council approval was only for the architectural design approval, due to
the budget shortfall. It was noted $100,000 was budgeted for this purpose and
there is no further allocation of City funds beyond that, which is understood by
Rancho Santiago College.MOTION - Mayor Beyer
SECOND - Steiner AYES - Spurgeon,
Steiner, Mayor Beyer,
Barrera, Coontz Moved to advise Rancho Santiago College
that the project schedule and Architectural Services Agreement is acceptable to
the City of Orange concerning the Joint Use Library Project.4.
REPORTS FROM COUNCILMEMBERS NON-AGENDA
ITEMS TAPE 3572 a.
RAIN DAMAGE REPORT - Councilwoman
Coontz requested the Director of Public Works to give a brief
presentation of the Public Work's involvement throughout the City during the recent
heavy rains. The Director of Public Works reported on complaints and damages received
as well as the control of water from the Villa Park dam that
was released. Over $11,000 was expended in overtime for City crews during the
weekend.b. SPOTLIGHTS IN RESIDENTIAL AREAS - Councilwoman
Coontz reported on complaints received regarding spotlights in residential
areas, particularly in backyards, that light up adjacent neighbor's
backyards and shine into their homes. The City ordinance covering this issue
is for the industrial area only.The Director of Community Development was instructed
to include this request PAGE 4
CITY COUNCIL MINUTES January 26, 1993
4. REPORTS FROM COUNCILMEMBERS (Continued)
in the list of activities for development standards which is scheduled to be
presented to Council. Costs for staff time are also to be provided for this
request
c. MARKET BASKETS (Shopping Carts) - Councilman Barrera indicated he has received
many phone calls concerning market baskets being taken from the stores
and left on city streets. The City Attorney was instructed to report back to Council
on February 9, 1993 on the prosecution of any person removing the carts from
the grocery stores.5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 3559 5.
1 Confirmation of Council appointments on committees (Continued from December IS,1992
and January 12, 1993.)Mayor
Beyer requested this item be continued to February 9, 1993.MOTION -
Barrera SECOND - Steiner
AYES - Spurgeon, Steiner,
Mayor Beyer, Barrera, Coontz Approved.6. ADMINISTRATIVE REPORTS -
None
7. REPORTS FROM CITY MANAGER -
None 8.LEGALAFFAms TAPE 3725 8.1
RESOLUTION NO. 8145 A
Resolution of the City Council
of the City of Orange authorizing the execution of a Public Works Cooperation Agreement with the
Orange Redevelopment Agency relating to Public Improvements, Construction ofImprovements, Orange Metro Link System, in an amount not to
exceed $400,000, located at the Santa Fe Depot site, 184 N.Atchison. (A2100.0.Agr 2057)MOTION
SECOND AYES Barrera Steiner Spurgeon,
Steiner,
Mayor
Beyer,
Barrera, Coontz
PAGES
CITY COUNCIL MINUTES January 26, 1993
8. LEGAL AFFAIRS (Continued)
That Resolution No. 8145 as introduced be adopted and same was passed and adopted
by the preceding vote.
8.2 RESOLUTION NO. 8146
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public works and improvement; Bid No. 923-03; Ruiz
Engineering Company; Pearl Street and First Street (A2100.0.Agr
1977)
MOTION
SECOND
AYES Barrera
Steiner Spurgeon,
Steiner, Mayor Beyer, Barrera, Coontz That Resolution
No. 8146 as introduced be adopted and same was passed and adopted by the
preceding vote.8.3
RESOLUTION NO. 8144 A Resolution
of the City Council of the City of Orange expressing appreciation to Ted L. Schoettger,
Director of the Finance Department, and commending him for more than fifteen years
of loyal and dedicated service. (C2500.J,1)MOTION SECOND
AYES
Steiner
Spurgeon
Spurgeon, Steiner,
Mayor
Beyer, Barrera, Coontz That Resolution No. 8144
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 Vic
Iversen, 719 E.
Hoover, commented in opposition to the sale of beer and wine at the Thrifty Gas Station on
the corner of Katella and Cambridge.Mayor Beyer indicated he
would send a letter in opposition to the judge that is hearing Thrifty Oil's application
for the Alcoholic Beverage Control license.Carol Walters, 534 N.
Shaffer, commented Council should not allow the waiver of any fees by any group.
Also, it was requested that the Director of Community Development report on how
much has been spent on the request by Old Towne Preservation Association for downzoning
properties.PAGES
CITY COUNCIL MINUTES January 26, 1993
11. RECESS
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-
18-89.City of Orange vs. Steven D. Wymer et at,
United States District Court Case No.
922141 SVW.b. To confer with its attorney to decide whether to 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 pursuanttoGovernmentCodeSection54956.9(
b)(1).e. To consider and take possible action upon personnel matters
pursuant to Government Code
Section 54957.g. To consider and take possible action upon such other matters asareorallyannouncedbytheCityAttorney, City Manager or City Council prior to
such recess,unless the motion to recess indicates any of the matters will not be consideredin
Closed Session.Note: The City Attorney instructed that section f, giving instructions to its
negotiator in connection with the purchase, sale, exchange or lease of real property
pursuant to Government Code Section 54956.8,
be removed.
CITY COUNCIL MINUTES January 26, 1993
7:00 P.M. SESSION
12. INVOCATION - Ron Thompson, City Manager 12.
1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.
2 ANNOUNCEMENTS - None 12.3
INTRODUCTIONS - None 12.4 PROCLAMATIONS
A proclamation was
presented honoring Sean Michael Dumas on his appointment to the United States Naval
Academy.12.5 PRESENTATIONS
TAPE 5136 Report on the
Implementation Program for Citizens Ad Hoc Financial Advisory Committee Recommendations. (OR1800.
0.50)The CityManager
reviewed the following issues pertaining to the Budget Fiscal Year 93/94: 1)
Where do we cut costs? 2) Should public safety contribute to the reductions? If so,
how much? 3) Should revenues be increased - transient occupancy tax, utility users tax,
users fees? 4) Should any more reserves be used, and how much?The Assistant City Manager
reviewed the history of the City's revenues and expenditures over the past
12 years.The Assistant to the
City Manager reviewed the population growth of the city over the past 12 years, and
the fluctuation of the employee base. The Citizens Ad Hoc Financial Advisory Committee's recommendations
were reviewed.The following people presented
their concerns regarding the Citizens Ad Hoc Financial Advisory Committee's report
and recommendations:Dennis Schmitz, 322 S.
Liberty Way, President of Mid-Management Employees Association Richard Brown,
830
N. Ross St., Santa Ana, staff representative of the Orange County Employees Association Larry
Lykins, 830
N. Ross St., Santa Ana, staff representative for the Technical, Clerical and Professional employees
of the City of Orange Irene Carney, 1438
N. Pine St., Orange, President of the Professional, Clerical and Technical employees Carol
Walters, 534
N. Shaffer Alice Clark, 205
N. Pine St.PAGES
CITY COUNCIL MINUTES January 26, 1993
12.5 PRESENTATIONS (Continued)
Their concerns were expressed as follows:
Mr. Schmitz commended the Ad Hoc Committee on their generosity and dedication to
the citizens of Orange. Their association submitted in writing to the committee based
on information gathered from members both revenue and cost saving ideas. These
ideas, it is sincerely hoped, would be seriously considered because in ultimately
balancing the budget, it will take a team effort. In recommending that the cuts be
implemented city-wide and distributed equally throughout the City workforce,
we believe the burden of balancing the budget, and especially the general fund cannot
be accomplished without total cooperation from all the employee groups. All
non-safety employees do perform and provide the majority of the safety functions that
all the citizens enjoy. Our impact on the citizens, and the City's potential liability on a
day by day basis is most critical. We strongly feel it is necessary that all groups,
safety and non-safety participate
and sacrifice equally.Mr. Lykin commented, the employees are concerned the City will
continue to balance the budget on the backs of the employees. There is a
severe communication problem with the employees. The morale is at an all time low in the
City. There are approximately 60 vacant positions in the City, and the current employees
are doing that work. They are going well above and beyond what they are required to
do, and the City is getting a major bang for its bucks. The employees have been cut to
the bone and are doing a great job
under difficult circumstances.It is a crime that the employees have to pay for the budget. The
City is spending money before
they had it.Mrs. Clark suggested the following cost cutters: 1) Stop paying
for City officials birthday cakes; 2) Investigate the possibility of using the
basement in the Redevelopment Building for the City Attorney's Department; and 3)
Charge fees for those who approach Council to request a rezoning or some
other official procedure.This push to downzone certain selected properties in Old Towne
has cost extraordinary amounts in staff time, public hearings, etc., this one expense could
be eliminated with the immediate return to one of our most basic freedoms now being ignored
by the
ones in charge.The City Council made
the following motions:1. Mayor pro tem Steiner remarked the following motion would provide $
100,000 for the City at some point this fiscal year, and $300,
000 annually
CITY COUNCIL MINUTES January 26, 1993
12.5 PRESENTATIONS (Continued)
MOTION
SECOND
AYES
Steiner Coontz
Spurgeon,
Steiner, Mayor Beyer, Barrera, Coontz Moved to
approve, in concept, the fee increases presented, and that the City Clerk provide public
notice of the proposed fee increases in accordance with Senate Bill 1977.The City
Attorney be directed to prepare for Council consideration fee increases in the forms of
ordinances and resolutions as may be appropriate.Councilwoman Coontz
amended the motion to include no waiver of fees, which was accepted as
part of the motion.2. Mayor
pro tem Steiner indicated this motion would provide for an additional 400,000
in revenues annually.MOTION SECOND
AYES
Steiner
Barrera
Spurgeon, Steiner,
Mayor Beyer,
Barrera, Coontz Moved to direct the City
Clerk to provide public notice of the proposed increase in the transient occupancy tax in accordance
with Senate Bill 1977, and the City Attorney prepare for Council's consideration,
an ordinance amendment adopting an increase in the bed tax from 8%
to 10%.3. Mayor pro tem Steiner
remarked a public safety assessment is to be voted on by the public, and would take a
2/3's vote of the population. Councilwoman Coontz commented, "We haven't been
very successful in this community and neither have others with this type of
election. It would seem to me that this would not pass,regardless that people support public
safety. It would postpone the day of reckoning for the amount of money
we have to come up with, in fact, we should be keeping track of this, especially if we
turn down high ticket recommendations, because I don't think we will make it when
we get to the end."Mayor pro tem Steiner commented
the reason for making the motion, recognizing the issue and difficulty of getting
a 2/3's vote on anything in the environment we are in,that we hear over and
over again, and many of us feel that public safety in the sense that Police and Fire Services,
in terms of our constituents, is an extremely important issue for them. In some
cases they have a chance to put their money where their mouth is. We have nearly a
2/3rd's vote, spent millions of dollars to purchase the Santiago Golf Course, nearly a 2/
3rd's vote for a park. It seems reasonable to me that with good public education that an effort
to be made to dedicate 1.7 million dollars per year among 110,000 residents of
this city for Police and Fire services. This is my recommendation, and I realize if
it doesn't go forward and it's a long term approach to PAGE 10
CITY COUNCIL MINUTES January 26, 1993
12.5 PRESENTATIONS (Continued)
our revenue deficit problems, we will have to have other alternatives, but at this time it
is an appropriate motion and we should move in that direction.
Councilwoman Coontz asked the possible cost of the election? The City Clerk
commented it was assumed this could be a measure on another County election. A
June date is not possible, however the last measure cost $7500.00.
Councilwoman Coontz remarked the cost is not out of sight, but obviously to win any
kind of an election, especially 2/3rds, someone has to spend money to promote it or it
won't pass. The other point is, we need to address the immediate financial needs and
even if this does pass, it's not going to affect our revenues for quite a period of time.
This is my concern and we need to bite the bullet now.
Mayor pro tern Steiner remarked we are looking at a 2-year issue, not a 5 month
issue.The decisions that are made tonight need to deal with the immediate circumstances,
but you don't throw the baby out with the bath water. We have to look over a period of
at least 2 years to turn things around for our
City.
MOTION
SECOND
AYES
NOES-Steiner
Barrera Spurgeon,
Steiner, Mayor Beyer, Barrera Coontz Moved
that
in lieu of a new utility tax, and in lieu of an 18% surcharge on water use as a fee,
and in lieu of the public water system paying a property tax, and in lieu of a lighting and
landscape maintenance assessment district, we explore the possibility of a public safety
assessment of approximately $50.00 per parcel, which would raise approximately 1.
7 million dollars annually. Also, require the City Manager to further develop this
in terms of staff refinement prior to the appropriate public notice and return to
Council with a full report.4. Mayor
pro tem Steiner commented it is his understanding that the City is very close to a
tentative agreement with the Firefighters Association and that rate which has been tentatively agreed
to for the balance of these four or five months, it would save the City approximately $135,
000. The Police Department has already reached that target through efforts
in their own department taking place to the tune of $760,000. The contributions of
the two departments is approximately I million dollars for the balance of this
fiscal year.Councilwoman Coontz
stated, we appreciate the plans of the two chiefs to maintain a good level
of police and fire service with credible programs, which include reduction of overtime.PAGE
11
CITY COUNCIL MINUTES January 26, 1993
12.5 PRESENTATIONS (Continued)
MOTION
SECOND
AYES
Steiner Coontz
Spurgeon,
Steiner, Mayor Beyer, Barrera, Coontz Moved to
confirm the Citizens Ad Hoc Financial Advisory Committee's finding that financial necessity
requires the City to seek reductions in labor costs and safety services.5.
MOTION
SECOND
AYES
Steiner
Coontz
Spurgeon, Steiner,
Mayor
Beyer, Barrera, Coontz Moved that Council adopt
a statement of intention to seek through negotiations freezes and salary and benefits
in fiscal year 1993 and 1994; that we do not support the recommendation at this time
of salary reductions.6. Councilwoman Coontz commented,
when we went into the furlough program, my reason for voting for
it was that it was short term. Also, along with that recommendation, Council agreed that
we would evaluate the furlough program, its effect on city services,
the work force and the way it is produced. I have not seen any comments at all on
that from department to department. I feel that before we go further with that we
need to get some information. It was suggested that as policy makers we make that
decision, but without the evaluation, it makes it very difficult.The City Manager indicated
the management and departmental evaluations would be available for the February
9,1993 Council meeting.MOTION SECOND AYES Steiner
Barrera
Spurgeon,
Steiner,
Mayor Beyer,
Barrera, Coontz
Moved that the furlough program be extended
through June 30, 1994 for all management and nonsafety personnel.7.MOTION SECOND
AYES Steiner Spurgeon Spurgeon,
Steiner,
Mayor
Beyer,
Barrera,
Coontz PAGE
12
CITY COUNCIL MINUTES January 26, 1993
12.5 PRESENTATIONS (Continued)
Moved to explore the possibility of eliminating the self-insured health coverage
option forCity employees in conjunction with labor negotiations for the upcoming fiscal
year,with an $80,000 per year immediate saving, and a freeup of $200,000 for
other priorities, subject to
negotiations.8. With regard to privatization, Mayor pro tern Steiner commented, that after
working for 16 years of the last 32 years in the public sector, privatization sometimes can be
a mixed blessing and is not all its represented to be. We already contract out in at
least 18 different areas and functions of the City, and so I'm not terribly excited about
the further benefits of privatization, but I do believe we have a responsibility to take a
look at
it.Councilwoman Coontz remarked this is one of the issues that I had as a motion for
the Blue Ribbon Committee to help pursue. We need an outside body on this
also.
MOTION
SECOND
AYES
Steiner
Coontz Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz
Moved to direct the City Manager and Department Heads explore the possibility for
additional privatization.
9.
MOTION
SECOND
AYES
Steiner Barrera
Spurgeon, Steiner,
Mayor Beyer, Barrera, Coontz Moved that, regarding
Boards, Committees and Commissions, a sunset date be appropriated for periodic
review of their functions, and recognition by the Council that the multitude of
committees in this City results in tremendous amounts of staff work and therefore, it
is appropriate to continue to address this. As members of our community bring forward
to Council various special projects, studies, programs, land use issues, etc.,
requested by the constituents, that staff, at that moment in time, give Council an estimate
of what kind of staff time and dollars will be associated with all the requests.10.MOTION
SECOND
AYES
Coontz
Mayor
Beyer
Spurgeon,
Steiner, Mayor Beyer,
Barrera, Coontz PAGE 13
CITY COUNCIL MINUTES January 26, 1993
12.5 PRESENTATIONS (Continued)
Moved that the Blue Ribbon Committee look at the following issues: privatization
opportunities, regionalization opportunities, like Net 4, and the investment portfolio.
The first two would result in some cost savings, the next two would talk to the
revenues of the City. The Blue Ribbon Committee is directed to look at the City's
investment portfolio as an outside group looking at the Treasurer's realm. Also, the
creation of goals and a business plan for the Redevelopment Agency. We've been
missing the goals and a business plan for Redevelopment since 1983 when it was
established. A timeline has not been added because there needs to be discussions on
what needs to come first and how long this will take. Mayor Beyer added, the Blue
Ribbon Committee be continued to accomplish these goals as set forth. Lynn Doti and
Bob Breskin will continue to serve. Jim Hansen cannot serve because of business
obligations. A third person can be added to continue in his role.
11.
Councilwoman Coontz felt the question of reserves in the motion should corne at a later
time, because in trying to keep track of the decisions that have been made, there are
some million dollar decisions that we bypassed including the utility tax and/ or the
public water system tax, lighting and landscape maintenance tax, and we don't know
what the results are going to be of the 2/3rd's vote for the public safety assessment.
Therefore I'm not willing at this time to participate in a motion on the reserves. I know
we have to go into the reserves until at the end of the exercise, we have a better idea of
whether we are meeting the 9.1 to 9.7 shortage that we have in the City of Orange.
Mayor pro tern Steiner responded the figures we have been running a total on appear
to be for 1993/94 about a 7 million dollar opportunity minus the 1.7 million dollars we
would not have the public safety assessment tax pass. However, that does not include
a portion of the 5 million dollars that is available in reserves to spend in 93/94. We are
really not hedging all of our bets on that 1.7 million dollars for a safety assessment
district issue to pass with the voters. I feel that we must give at least that direction or
we might as well abandon the boat. We must use reserves to these levels. I recognize
that management staff has recommended a 10 week reserve, a 20% reserve. Some
governmental entities, and I do not recommend operating this way, have a 3% reserve.
I feel it is an appropriate motion at this time. Obviously a lot of this is fluid, staff is
going to have to corne back, and we will have to see how things go in terms of
negotiations and so forth, but, again it is a starting point to get us off the dime, and
have a comfort level that this Council by policy is allowing management and this City
to use 5 million dollars in reserves.
Councilwoman Coontz asked staff to address what this does to the proposal of the Blue
Ribbon Committee to leave 10 weeks to take care of the paychecks.
PAGE 14
CITY COUNCIL MINUTES January 26, 1993
12.5 PRESENTATIONS (Continued)
Scott Morgan indicated the motion would reduce discretionary reserves by 2 million,
making it closer to 8 weeks. Other cities have an arrangement, and Lynn Pierson Doti
addressed that. Some cities would like to have as much as 3 months, others are looking
at 4, 5 or 6 weeks. Councilwoman Coontz commented she would vote on it with this
understanding.
MOTION
SECOND
AYES
Steiner Barrera
Spurgeon, Steiner,
Mayor Beyer, Barrera, Coontz Moved to authorize
the use of 2 million dollars from unallocated general fund reserves,over a period
of 2 years, current prices and 93/94. This recommendation is based on the actuarial study
which indicated to Council 2 million dollars can be freed up from reserves. If necessary,
authorize the use of a 2 million dollar expenditure from the Disaster Fund and
a I million dollar expenditure from the Equipment Replacement Fund for a
total of 5.5 million dollar use of reserves to lessen the impact of these decisions.12.MOTION
SECOND
AYES
Steiner
Coontz
Spurgeon,
Steiner, Mayor
Beyer,
Barrera, Coontz Moved that the City Manager
and Department Heads be directed to fully explore reorganization opportunities with a cost
effective approach to City government,prioritization of City services, and
through the use of a negotiated layoff procedure that 40 full time equivalent positions
be identified for reduction as a starting point. These layoffs would impact all City
Departments, but would first be targeted as they affect administrative overhead and away from
positions that most directly affect our residents. Further, City Manager to
report to Council on the potential impacts on City services should these layoffs occur.
It should be noted that through attrition and retirement we have already reduced
our staff by 58 fulltime equivalents and 22 part-time employees at 8% reduction
in our staff right now.13.Mayor pro tem Steiner
made
the following motion which indicated other areas that could serve as mitigation for
layoffs for the City.MOTION SECOND AYES Steiner Coontz
Spurgeon,
Steiner,
Mayor
Beyer, Barrera,
Coontz
PAGE 15
CITY COUNCIL MINUTES January 26, 1993
12.5 PRESENTATIONS (Continued)
Moved to direct staff to explore the following alternatives available in lieu of layoffs: 1)
City will spend this year approximately 1 million dollars in litigation, approximately
3/4's of a million dollars from the general fund, and 1/ 4th of a million dollars from
redevelopment. This is outside contract attorneys dealing with litigation within the
City. Much of this is involved in terms of one governmental agency suing another
governmental agency, utilizing all taxpayer money. Take a look at the cost for outside
litigation.
2) Look at the depreciation allowance for a period of 18 months. The fact that 1.5
million dollars comes out of the budget on a paper transaction, and that since we are in
extraordinary times in this City, and we want to be around for another day, we
temporarily suspend that depreciation allowance for a period of 18 months, a potential
saving of 1.5 million dollar paper transaction.
3) Look at the 1.7 million dollars of cash revenue that was set aside for replacement of
vehicles.
4) Look at deferring equipment purchases. I realize we need to replace equipment in
the City, but some of us expect we will have consumer confidence going up before we
think about buying another car or doing something in terms of our own families and
own living circumstances. These are big ticket items, 1.7 million budgeted in 1992/93
for equipment/ vehicle purchases. I don't know whether all of that could be deferred
for one year, one half of it could be deferred for one year, but if any of it could be
deferred for one year, I think it could potentially help us in terms of not experiencing
layoffs in this City.
5) There were discussions a few months ago on the PERS contribution rate, and were
told perhaps the actuarial studies would result in a different percentage calculation to
20.812% for safety and 6.879% for non-safety, a potential savings to our City
of approximately 1 million dollars. This issue needs to be further addressed with
the California Legislature, and staff is to investigate this
possibility.6) Councilwoman Coontz added an indept review be completed because concern
was expressed at the time the City purchases the new equipment what happens to the
cost of it, and also if Council is in favor of the emergency services of the City,
including Public Works, we have to be sure the vehicles used are in top
shape.
14.
MOTION
SECOND
AYES
Coontz Steiner
Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz PAGE
16
CITY COUNCIL MINUTES January 26, 1993
12.5 PRESENTATIONS (Continued)
Moved to have a close review and prioritization of the 7 year capital improvement
budget, with emphasis on capital projects which will necessitate or drive up operating
costs from the general fund. We have a number of capital improvement projects, road
projects and building projects. When you build a building, you have to be concerned
about operations, the types of programs and the personnel. Wish lists have been
compiled over the years of all kinds of structures that we were going to spend
redevelopment money or, general fund money, and that would include cultural
centers, community centers, libraries, and (I am an advocate of a new main library,)
branch libraries, athletic buildings, etc. We need to look at this list because it will affect
the general fund and the operating costs of the city.
15.
MOTION
SECOND
AYES
Coontz
Steiner Spurgeon,
Steiner, Mayor Beyer, Barrera, Coontz Moved to
have a close review of the Redevelopment Budget, giving the same attention to overhead
expenses that is given to all city departments and their budgets.16.MOTION
SECOND
AYES
Steiner
Spurgeon
Spurgeon, Steiner,
Mayor
Beyer, Barrera, Coontz Moved to have a
close review of the enterprise funds, giving the same attention to overhead expenses that is
given to all city departments and their budgets.17.Councilwoman Coontz commented
the
17% administrative share of the budget is high and is a combination
of administrative activities throughout the City, but we need to know what we can
do to reduce this. This goes along with the remarks that were made earlier about the demands
of the community. In some cases we spend an undue amount of time with
a few subjects, a few projects that really don't deserve it because they don't address
enough of the entire population.MOTION SECOND AYES Coontz
Barrera
Spurgeon,
Steiner,
Mayor
Beyer, Barrera,
Coontz Moved to review the discretionary administrative
programs to attain better utilization of people and programs, and to
reduce the 17% administrative share of the budget.PAGE 17
CITY COUNCIL MINUTES January 26, 1993
12.5 PRESENTATIONS (Continued)
18.
MOTION
SECOND
AYES
Coontz
Spurgeon
Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved
to investigate the possibilities of the closure of the Santiago Hills Library, which represents $
344,000 per year to our budget, which was opened with the prospect of early
development in East Orange. Such development now is on hold for an undue amount
of time. It is not too far from one of the first branches in the EI Modena area,and
the lease is high and very expensive for the kind of library that it is.The
City Manager commented the lease runs out November, 1993.19.
MOTION
SECOND
AYES
Coontz
Barrera
Spurgeon, Steiner,
Mayor Beyer, Barrera, Coontz Moved to investigate
the additional savings, for instance in utilizing the basement of the Redevelopment building,
and the transference of one department or another, or partial department to
that building. A great deal of Redevelopment funds went into revamping the building.
It has an elevator and a lower basement, yet there is no one there, and it
is a waste of funds.20.MOTION SECOND
AYES
Coontz
Steiner
Spurgeon,
Steiner,
Mayor Beyer,
Barrera, Coontz Moved to support the recommendation
from the Ad Hoc Financial Committee on the City's financial reporting, to
present a net change in funds, or more clarity so the public at large can understand the
City's financial picture. Further to continue communication with employees.COUNCIL SUMMARY:Mayor
pro tern
Steiner, commented,
the current fiscal crises which is now 30 months old is not unique to
the City of Orange. We know that it is very hard to fix blame for these circumstances when everybody is
in the same boat. In today's media there was a report that Garden Grove has
a 7.7 million dollar deficit, there's a 12 million dollar deficit in Santa Ana that
they say will result in layoffs. We know that County PAGE 18
CITY COUNCIL MINUTES January 26, 1993
12.5 PRESENTATIONS (Continued)
government has reduced its work force by 10%, 1700 positions, mostly through
attrition, and also in today's paper San Clemente is considering contracting out its
police force to save 2 million dollars per year.
The reality is we have a pretty leaky boat in the City of Orange, and in some respects its
going in the wrong direction. I really appreciate the courtesy that was afforded to us
tonight in a very emotional topic. I know that my colleagues appreciate the courtesy
that were extended to us tonight. I think we can continue to argue who's going to bail
out the boat, how big the leaks might be in the boat, what direction the boat should be
pointed, and even who should be in the boat? But, if we spend all our time on all that
then the boat's going to sink.
One advantage of being in the public sector for 16 years, and in the private sector for 16
years, is you have a sense of balance and perspective in terms of the bad and good
times. When I came to Albert Sitton Home on Aprill, 1978 as the Director, three
months later, Proposition 13 passed and we thought disaster had hit us, as I'm sure
might have been with the City of Orange. We laid off or eliminated through attrition
1/3 of our children's services positions, at the same time child abuse was increasing
and there were more demands on our services. I was asked to go downtown to
administration and take $500,000 out of the Albert Sitton Home budget. I informed my
superiors that we should close Albert Sitton Home. I know that wasn't an option
because 26 police departments needed to use Albert Sitton Home for the case of abused
and neglected children. However, we did cut out $100,000, which was 10% of our
budget. I hated to do that, but we did do it.
Over the next ten years the pendulum swung back and we regained our positions and
things got better for us and we really sort of had a little bit of a dream world in the
1980's. The 1990's are different, much different. They may never be exactly the same
for the public sector. You hear all the time about right sizing and down sizing and
sometimes we have constituents that aren't terribly sensitive to what it is really like to
be a public employee and to make many difficult sacrifices and work very very hard
without some recognition.
I feel if we can pull together in this process, and I agree with non-safety employees
in terms of this having to be a team effort, and I certainly feel that non-
safety employees are essential people to the City family, and I know my friends in Police and
Fire are going to be helpful in this process, I feel we have indications now there is going
to be help in this process, we will get through this together. It may not be exactly the
way it was in the past, but I think we can still have this City thrive and prosper. It
is very difficult in a cutback management mode, whether you are in the public
sector or private sector to be able to get along in that process, but having seen it
literally just
CITY COUNCIL MINUTES January 26, 1993
12.5 PRESENTATIONS (Continued)
decimate a school district and with changes in board members, we should try to work
together in this effort.
Mayor Beyer - Thank you Mayor pro tern Steiner, and I might echo your commendation
of the group. You have been very courteous and respectful tonight and conducted
yourself as fine City employees, and we really appreciate it. As Mayor pro tem
said, we will get through this all working together. Thank you for coming.Councilwornan
Coontz -I hope that we've given you some comfort, but I know there are
some issues that we have not addressed. I expect we will be seeing you again, I hope
not with the same kind of problem you came here to discuss tonight and to present
to us in the way that you did, which is appreciated. We are going to see additional,
probably see utility taxes from Clinton, he's indicated that. We're going to see
more programs from our Governor which are going to entail additional costs to the City
of Orange. We've already seen AB939, the recycling law which has cost the City and
this County a great deal of money. I think this kind of a forum, and the way it was handled,
will be on the docket again, maybe not the same issues but probably other issues.
I do appreciate your input. One of the things I always consider, is the fact that I'
ve been an employee too. I'm an employee right now, but I don't get paid too much,but
I still recognize the values of employees and their morale, the need for good morale,
the need for a good work place, the need for the respect for their ideas and for the
job that they do. We very often don't know exactly what you do because we only see
a few of you. We don't see all of you. That's just a small little message. It's not a political
message, but a personal one.Councilrnan
Spurgeon - I won't talk as long as everyone else. I think they've summed it up.
One of the best ways, I think Councilwoman Coontz was very correct, and we don't
know all of you because we don't see the work you do, because a lot of it is not around City
Hall, it's not in City Hall. You're out in the field performing those essential services, and
I want to use that word essential services. I think the best way, one of the pluses of
this City is the Mayor's Hotline, which was established a number of years ago.If somebody
looks at somebody the wrong way in the north part of town, we hear about it
and it comes in on the tape. The Mayor hears about it and the appropriate department replies
for his signature. But, you know, we get very very little complaints from our
citizens on our employees. You read it, all you have to do is pick up the Register or
Times and hear about all these things going on in these other cities. I'm very proud
of everybody here in this room and the dedication. These are not people that just
pass through. These people that have given up their careers, their lives to be with this
City long before many of us have been up here on the dais or involved in City politics or
City activity. We appreciate your efforts and you corning tonight. Thank you.Councilrnan
Barrera -
As all of you know, I've been around this community a very long time. I
was born here and in business 40 years, same place, same location. So, I've PAGE 20
CITY COUNCIL MINUTES January 26, 1993
12.5 PRESENTATIONS (Continued)
seen these times. In my 40 years I saw times like this. Believe me we'll make it back.
With your cooperation and this fine Council, we'll be sitting here again, you wait and
see the times will be different. We'll make it different, and you'll help.
13. PUBLIC HEARINGS - None 14.
PLANNING AND ENVIRONMENT - None 15. ORAL
PRESENTATIONS Bob Bennyhoff,
10642 Morada Dr., asked what happened to the safety employees salaries, willtheystayastheyareorwilltherebeanegotiatedreduction?Mayor pro
tem Steiner reread the following motion: The City Council confirm the Citizens Ad
Hoc Financial Advisory Committee's findings that financial necessity requires that
the City seek reductions in labor costs in the safety services, which includes Police
and Fire.Council now
has a rate that's been tentatively agreed to by the Firefighters Association and by
Fire Management which has saved dollars and we also believe from figures tonight, that
the Police Department has already reached those goals for this fiscal year.16. ADJOURNMENT
MOTION SECOND
AYES
Mayor
Beyer
Steiner Spurgeon, Steiner,
Mayor Beyer,
Barrera, Coontz Moved to adjourn at 8:
55 P.M.MARILYN J. JENSEN, CMC CITY
CLERK GENE BEYER MAYOR
PAGE 21