08-18-1992 Council MinutesCITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 18,1992
The City Council of the City of Orange, California convened on August 18, 1992 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 - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT -
None 1.3
APPROVAL OF MINUTES Adjourned Regular
Meeting - August 4, 1992 MOTION - Barrera SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon ACTION: Approved.Adjourned Regular Meeting - August
10, 1992
MOTION - Spurgeon SECOND - Barrera AYES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon ACTION: Approved.
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS - None 1.5
PROCLAMATIONS - None
2. CONSENT CALENDAR - Tape 52 2.1
Declaration of City Clerk Marilyn
1. Jensen declaring posting of City
Council agenda of a regular meeting of August 18, 1992, at Orange Civic Center, Main Library, Police
facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; all of said
locations being in the City of Orange and freely accessible to members of the public
at least 72 hours before commencement of said regular meeting.ACTION: Accepted Declaration of Agenda Posting and
authorized its retention as a public
record in the Office of the City Clerk.PAGE 1
CITY COUNCIL MINUTES August 18, 1992
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
2.2 Request approval to execute an amendment of a Lease Agreement with the First
Presbyterian Church of Orange to reduce the number of employee parking spaces at the
Church parking lot on Grand St. between Chapman and Maple Avenue. (A2100.0 AGR-
16561)
FISCAL IMPACT: Reduction in the monthly lease from $300.00 a month to $150.00 a
month.
AIice Clark, 205 N. Pine Street, asked for clarification on this item. The Director of
Economic Development indicated the City has leased parking spaces for City employees.
They now only need about 15 spaces, to be used for Library Staff.
MOTION - Spurgeon SECOND -
Steiner AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Authorized the
Mayor and City Clerk to execute the amendment on behalf of the City.2.
3 Request
Council award a contract in the amount of$98,518.11 to Ruiz Engineering Company for street
improvements on Pearl Street from McPherson Road to First Street,and First Street
from Chapman Avenue to Pearl Street; Bid No. 923-03. (A2100.0 AGR-1977)FISCAL
IMPACT:
Appropriate $95,805.00 to Account 330 (SB 821) and $28,000.00 to Account 262 (
Measure M Turnback) Upon proof of award of contract, OCT A will transfer $95,
805.00 to the City for this project.ACTION: Approved.
REMOVED AND
HEARD SEPARATELY)2.4
Requestto authorize Change Order #2 in the amount of$56,4S0.00 for miscellaneous changes from
Account No. 924-9811-481200-9808 in conjunction with the Civic
Center Improvement Project. (A2100.0
AGR-1944)FISCAL
IMPACT: None MOTION -
Barrera SECOND - Spurgeon
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION:
Approved.PAGE
2
CITY COUNCIL MINUTES August 18, 1992
2. CONSENT CALENDAR (Continued)
MOTION
SECOND
AYES
Steiner Barrera
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Items 2.2
and 2.4 were removed and heard separately. AIl other items on the Consent Calendar were approved/denied
as recommended.END OF CONSENT
CALENDAR fcfcfc**fclc*3.
REPORTS FROM
MAYOR BEYER 3.1 Report
from Mayor Beyer regarding a proposal to voluntarily reduce Council's salary.C2500.D)The
Mayor made
the following motion:That Council adopt
a policy whereby the Mayor and City Council members may voluntarily reduce their City
Council salaries and expense accounts by an amount equal to 10%.Mayor Beyer indicated
the intent of his motion is:1) That each
individual Council member would decide whether he or she wishes to voluntarily contribute 10%
of salary to the City and reduce each Council person's expense account by 10%,
and 2) That the
City accept the amounts contributed and authorize the Finance Director to place such funds
in the City's General Fund, to be used for any municipal purpose, or for another City use, if
the individual Council person designates a specific purpose for use of such funds.Councilwoman Coontz commented
that since last week's meeting, she has had time to reflect on the Mayor's
proposal to address our budget shortfall. She received several phone calls and correspondence from employees
concerned about the manner in which the Mayor has chosen to address the problem.
At a time when Council is asking employees to take pay cuts of $200 to as much as $600
per month, the Mayor is suggesting that Council take a token $69 pay cut.She indicated concern
about the impact of the proposed 10% pay cut on the welfare of employees and the corresponding
adequacy and quality of services to the public. She feels the Mayor's proposal is neither
an act ofleadership, nor a sacrifice by the Mayor. She feels if Council is going to really make
a sacrifice and show a commitment to the community, Council must make a strong statement - one that
has an impact.To do this, Councilwoman
Coontz made the following substitute motion:That Council immediately suspend
its entire pay indefinitely, until the budget crisis is solved.MOTION DIED FOR LACK
OF A SECOND.PAGE 3
CITY COUNCIL MINUTES August 18, 1992
3. REPORTS FROM MAYOR BEYER (Continued)
She mentioned a return of$3,450 per month to the City will not solve the budget shortfall.
However, it will demonstrate to citizens and employees that Council is committed to resolving the
budget crisis in a timely manner.
MOTION
SECOND
AYES
Mayor Beyer Steiner
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved that the
Council adopt a policy whereby the Mayor and City Council members may voluntarily reduce their
City Council salaries and expense accounts by an amount equal to 10%.Councilwoman Coontz indicated
her vote would include relinquishment of her entire expense account of$I,
600.4. REPORTS FROM
COUNCILMEMBERS NON-AGENDA ITEM:
4.1
Councilman Steiner asked permission to leave the State from August 20-27, 1992 to
go to Washington, D.C. (C2500.D)MOTION
SECOND
AYES
Steiner
Mayor Beyer
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon Moved to approve Councilman
Steiner's request to leave the State from August 20-27, 1992.NON-AGENDA ITEM:
4.2
Councilwoman Coontz reported any of the three budget proposals before the legislators in Sacramento will
dramatically affect our 1992-93 budget in the City of Orange. The City might be faced
with furloughs, layoffs or pay cuts to rescue our budget, but it should not be made a political
football to the detriment of City employees and citizens. (C2500.D)The
Council Committee of Council members Coontz and Steiner offered their services to conduct line-
by-line reviews of the budget at mid-year and in preparation for the 1992-
93 budget year.For the first time, policies were established, favorite but unnecesary programs
were cut out.The plans before Council now have been primarily proposed behind closed
doors. With eight bargaining units and no opportunity for public involvement, the City is proposing
to solve its economic woes with a temporary plan that buys only
a short reprieve.She feels it is necessary to get back to basics. When City government was
first necessary, the health, safety and welfare of the prople justified the need for its programs. She
feels the City needs to get back to reviewing programs according to what we can afford and
what is
CITY COUNCIL MINUTES August 18, 1992
4. REPORTS FROM COUNCILMEMBERS (Continued)
Therefore, Councilwoman Coontz presented the following motion: that the Council direct the
Budget Committee to return to the City Council with a plan and procedures for balancing the City
budget and for determining a long-term economic plan or an effective system of accountability
to meet the urgency of the situation at
hand.Council asked the City Attorney if it was necessary to declare this an urgent item in order to
take action. He indicated a concensus could be taken to direct Staff to do something, but a
formal motion and vote should include deciding the item was urgent, to fulfull Brown Act
requirements.Bob Bennyhoff, 10642 Morada Drive, questioned Council's discussion of the City's
financial situation in Closed Session and whether this was in violation of the Brown Act. The
City Attorney reported all requirements of the Brown Act are met, because the agenda states
what Council will be discussing in Closed
Session.AIice Clark, 205 N. Pine Street, questioned if budget sessions were closed to the public. The
City Attorney and Council indicated they are open to the
public.Councilwoman Coontz amended the
motion.MOTION -
Coontz SECOND - Steiner
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved
to agendize this subject for August 25, 1992.5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE
REPORTS - None 7. REPORTS FROM
CITY MANAGER - Tape 1188 7.1 Status Report
of the American Disabilities Act of 1990 Committee on the transition plan for A.DA compliance. (
ORI800.0.27.11)MOTION SECOND AYES Steiner
Coontz
Steiner,
Barrera,
Mayor Beyer,
Coontz, Spurgeon
Moved to receive and file report. Staff
to return to Council within 120 days with a more complete report.7.2 Report on the
complaint received
by Mrs. Kerry Schuh, 225 S. Grand Street, relative to the trailer setback and air conditioning unit
at the Community Services Department on AImond Street. (p2500.0.l)PAGES
CITY COUNCIL MINUTES August 18, 1992
7. REPORTS FROM CITY MANAGER (Continued)
Karen Nobrega, Sr. Assistant to the City Manager, eXplained the steps City Staff has taken to
resolve the problems.
The following people spoke:
Kerry Schuh, 225 S. Grand Street, indicated the problem was still not resolved. She asked for
Council assistance and questioned their ethics.
Carole Walters, 534 N. Shaffer, said it was a shame a claim against the City needed to be filed.
She felt it was a case of Staff not doing their job.
MOTION
SECOND
AYES
Steiner Coontz
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to receive
and file report.8. LEGAL AFFAIRS -
Tape 1888 8.1 ORDINANCE NO.
21-92 An Ordinance of
the City Council of the City of Orange adding a new Chapter 2.80 to the Orange Municipal Code providing
for enforcement of the Orange Municipal Code by designated City employees and establishing
a reinspection fee to be charged violators who fail or refuse to correct violations of said
code. (A2500. 0 Code Enforcement)MOTION SECOND AYES
Steiner
Coontz
Steiner,
Barrera, Mayor
Beyer, Coontz,
Spurgeon That Ordinance No. 21-92 have
second reading waived and be adopted and same was passed and adopted by the preceding vote.
8.2 ORDINANCE NO. 22-
92 An Ordinance of the
City Council of the City of Orange amending Title 17 of the Orange Municipal Code to allow
Mobile Hot Dog Vending Carts as an accessory use in the C-l Zone,Subject to a
Conditional Use Permit. (A2S00.0 Mobile Food Handling)MOTION SECOND AYES
Coontz
Spurgeon
Steiner,
Barrera, Mayor
Beyer, Coontz,
Spurgeon Moved to continue this item to
September 8, 1992 for an amended first reading. The wording mobile" and "portable" to be clarified
to make sure there is no misunderstanding.PAGES
CITY COUNCIL MINUTES August 18, 1992
8. LEGAL AFFAIRS (Continued)
8.3 ORDINANCE NO. 23-
92 An Ordinance of the City Council of the City of Orange amending Orange Municipal
Code Section 12.65.020 by adding the area described as north and southbound Glassell Street
between Katella and Meats and east and westbound Taft Avenue between Shaffer and Batavia to
the district contained in that section prohibiting solicitation of employment. (A2500.0 Day
Laborers)
MOTION
SECOND
AYES Barrera
Spurgeon Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance
No. 23-92 have second reading waived and be adopted and same was passed and adopted
by the preceding vote.8.
4ORDINANCE NO. 24-92 )
An Ordinance of the City Council of the City of Orange, amending certain sections of chapters
15.08, 15.12, 15.16, 15.20 and 15.24 of Title 15 of the Orange Municipal Code pertaining to
adoption and amendments to certain State Codes. (A2500.0 Code Enforcement)
MOTION
SECOND
AYES
Steiner Barrera
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon That Ordinance No.
24-92 have first reading waived and same was set for second reading by the preceding vote.
8.5
RESOLUTION NO. 8065 A Resolution
of the City Council of the City of Orange overturning the decision of the Zoning Administrator and
granting Variance No. 1932-92 to permit three freestanding signs along the frontage
of property located at 1140 W. La Veta Avenue. (V1300.0 VAR-1932-
92)Owner: St. Joseph
Hospital
MOTION
SECOND
AYES Barrera
Spurgeon Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution
No. 8065 as introduced be adopted and same was passed and adopted by the preceding vote.
9. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY PAGE 7
CITY COUNCIL MINUTES August 18, 1992
10. ORAL PRESENTATIONS
AIice Clark, 205 N. Pine Street, commented if Council ever voted to go volunteer, they should be
prepared to step down and let the job be done by citizens with years of volunteer service to their
community.
11. RECESS
The City Council recessed at 4:16 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. Steven D. Wymer, et aI. United States Court Case No. 92 2141
SVW.
City of Orange vs. County of Orange, Orange County Superior Court Case
681889.
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 pursuant to Government Code
Section 549S6.9(b)(l).
e. To consider and take possible action upon personnel matters pursuant to Government
Code Section 54957.
f. 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.
ADJOURNMENT
MOTION
SECOND
AYES
Mayor Beyer Barrera
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon The City Council
adjourned at 6:30 p.m.DUE TO A
LACK OF QUORUM, THERE WAS NO 7:00 P.M. SESSIO Marilvn J. Jensen
Marilyn 1. Jensen,
C.M.C., City Clerk By:Cassandra Cathc ,
C.
M.C.Deputy City Clerk
PAGES