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02-23-1993 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA February 23, 1993 The City Council of the City of Orange, California convened on February 23, 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 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - Mayor Beyer, Barrera, Coontz ABSENT - Spurgeon, Steiner NOTE: Mayor pro tem Steiner arrived at 4:40 P.M. during Closed Session Councilman Spurgeon arrived at 4:10 P.M. during Closed Session 1.3 APPROVAL OF MINUTES Regular Meeting - February 9, 1993 MOTION - Coontz SECOND - Mayor Beyer AYES - Mayor Beyer, Barrera, Coontz ABSENT - Spurgeon, Steiner ACTION: Approved as corrected.1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS - None 1. 5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 84 2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of February 23, 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 Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.PAGEl CITY COUNCIL MINUTES February 23, 1993 2. CONSENT CALENDAR (Continued) 2.3 Request approval of amendments to the Software Products Purchase Agreement and Customer Support Services Agreement between INLEX, Inc. and the City of Orange. A2100.0.Agr-1469. 3)FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.4 Request from Orangewood Children's Foundation to conduct the eighth annual ' Round Orange' race on Sunday, April 25, 1993 from 6:00 a.m. to 11:00 a.m. (p1300.0. 9)FISCAL IMPACT: None. Fees will be paid.ACTION: Approved.MOTION - Barrera SECOND - Coontz AYES - Mayor Beyer, Barrera, Coontz ABSENT - Spurgeon, Steiner All items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3.REPORTS FROM MAYOR BEYER TAPE 100 3.1 Report on Memorandum of Understanding with Orange Disposal Services,Hambarian Properties and Recycle Orange regarding construction, financing and operation of a solid waste materials recovery facility at 2050 N. Batavia, to process all trash collected in the City of Orange. (Copy on file in the City Clerk's Office.)C2500.M.l) FISCAL IMPACT: $6. 5 million over a ten-year period, to be financed through sanitation fee increases.Mayor Beyer reported the Council Solid Waste Committee, consisting of Councilman Barrera and himself, assigned an ad hoc committee to work with representatives of Orange Disposal Service to create the memorandum of understanding. It was recommended Council receive and file the report The Street Division Manager presented the report, and noted the address for the recovery facility is 2050 N. Glassell Street, which was incorrectly identified as Batavia on the Agenda.PAGE 2 CITY COUNCIL MINUTES February 23, 1993 3. REPORTS FROM MAYOR BEYER (Continued) MOTION SECOND AYES ABSENT Mayor Beyer Coontz Mayor Beyer, Barrera, Coontz Spurgeon, Steiner Moved to receive and file the report TAPE 350 3. 2 Report on Surveillance System for inspection of underground drainage facilities.Copy on file in the City Gerkls Office.) (C2500.M.3)Mayor Beyer read the options available in the staff report Option 3; to purchase all equipment referred to in Option 2 and modify interior of existing Council van vehicle to comply with needs had the least impact on the budget, which is $140,000 - Sanitation Fund (A $20,000 - $ 23,000 savings is anticipated through the use of existing city owned vehicle).The City Manager was instructed to meet with Villa Park representatives and discuss inspection services.MOTION SECOND AYES ABSENT Barrera Coontz Mayor Beyer, Barrera, Coontz Spurgeon, Steiner ACTION: Authorized staff to advertise for proposals for all needs for the surveillance system, including the modifications as necessary to the existing Council van vehicle to accommodate the proposed equipment TAPE 529 3.3 Status Report on the " No Parking on Street Sweeping Days". (Copy on file in the City Gerkls Office.) (S4000.S.3.1.3) The Sanitation Supervisor reported on the guidelines being implemented, and discussed problems that have occurred. It was noted that in certain developments with private streets, thet are not swept by the City.MOTION SECOND AYES ABSENT Barrera Coontz Mayor Beyer, Barrera, Coontz Spurgeon, Steiner Moved to receive and file the report.NOTE: The Traffic Engineer was instructed to report to Council on the progress of the City-wide Street Sign Implementation Program.PAGE 3 CITY COUNCIL MINUTES February 23, 1993 NON-AGENDA ITEM - Ad Hoc Financial Advisory Committee Mayor Beyer announced Paul Pursell had agreed to replace Jim Hansen on the Ad Hoc Financial Advisory Committee. MOTION SECOND AYES ABSENT Coontz Barrera Mayor Beyer, Barrera, Coontz Spurgeon, Steiner Moved that this item arose after the agenda was posted.MOTION SECOND AYES ABSENT Coontz Barrera Mayor Beyer, Barrera, Coontz Spurgeon, Steiner Moved that Paul Pursell be appointed to fill vacancy created by the resignation of Jim Hansen.The committee now consists of Lynn Doti , Chair, Bob Breskin and Paul Pursell.4. REPORTS FROM COUNCILMEMBERS TAPE 1091 4. 1 Budget alternatives. (Copy on file in the City Clerk's Office.) (C2500.J.1.1)Councilwoman Coontz read the report and presented the following:1. As a Council, provide the City Manager and Department Heads with clear direction as to how we will approach balancing next year's budget This direction can best be accomplished through getting together as a Council on budget priorities.2. Council needs the City Manager to provide a proposal to Council outlining recommendations to balance the budget, to include both steps to increase income and defer and reduce expenditures.3. Request additional strategies from the City Manager, such as privatization,combined operations with other agencies, and activity termination to save dollars and still provide adequate services, should be considered. MOTION SECOND AYES ABSENT Barrera Mayor Beyer Mayor Beyer, Barrera, Coontz Spurgeon, Steiner Moved to direct the City Manager to come back with a clear process for achieving solutions to our budgetary problems.PAGE 4 CITY COUNCIL MINUTES February 23, 1993 4.REPORTS FROM BOARDS, COMMITIES AND COMMISSIONS (Continued) TAPE 980 4.2 Report from Councilwoman Coontz concerning establishing Council budget priorities to provide direction to Staff concerning next year's budget (Report on file in the City Oerk's Office.) (C2500.J.l.l) Councilwoman Coontz presented the report and proposed that Council follow a simple, practical, and achievable task of setting down their priorities and then consolidate the ideas to guide the City Manager and Deparbnent Heads in preparing recommendations for critical personnel and organizational budget decisions for next year. Mr. Paul Pursell, St Joseph's Hospital Administrator and member of the Management Audit Committee was contacted to be the facilitator, however, the session should be at no cost, and held in Orange. He indicated he would be willing to assist in this role during the month of March. It was recommended that Council pursue this proposal to achieve policy direction for the next two budget years. Also, to direct the City Manager's staff and Mr. Pursell meet to create a list of ideas, transmitting it to Council for their priorities to be discussed at the session scheduled in March. MOTION SECOND AYES ABSENT Barrera Mayor Beyer Mayor Beyer, Barrera, Coontz Spurgeon, Steiner Moved to receive the proposal as outlined.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8. LEGAL AFFAmS - None 9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Carol Walters, 534 N. Shaffer St., complained about cars double parking, when it rains,on Shaffer Street in front of Orange High School creating a dangerous situation between the hours of 2:30 to 3: 00 P.M. Mayor Beyer instructed Police Captain Richards to investigate.PAGE 5 CITY COUNCIL MINUTES February 23, 1993 10. ORAL PRESENTATIONS (Continued) Chris Carnes, 300 E. Chapman Avenue, President of the Professional, Technical and Clerical Group, commented the members wanted Council to know the furlough was not creating the low morale problem and it should not be discontinued. Bob Bennyhoff, 10642 Morada Dr., questioned the limits in Oosed Session regarding the cutting of programs, when personnel are being discussed? The City Attorney commented, if Council is discussing matters authorized under the Brown Act, and the discussions stray, he will not allow the discussion to proceed, because it has gone beyond what is allowed under the Brown Act Shannon Tucker, 556 E. Culver, read a letter from the Old Towne Preservation Association, requesting the Mayor conduct a formal review of the City of Orange's proposal to dissolve the Design Review Board, and that the two existing vacancies be filled as soon as possible. (OR1800.0.8.1) The Director of Community Development commented one of the alternatives being discussed was dissolving the DRB, however this is not in the current proposal. It's proposed to modify the role of the DRB, to include the continued existence of a Design Review Board, which would be strictly advisory to the Planning Commission. 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. Steven D. Wymer, et aI., United States 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 pursuant to Government Code Section 54956.9(b)(1). e. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. NOTE: Item f was removed. g. 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 Oosed Session. NOTE: Mayor pro tern Steiner arrived at 4:40 P.M. Councilman Spurgeon arrived at 4:10P.M.) PAGE 6 CITY COUNCIL MINUTES February 23, 1993 7:00 P.M. SESSION 12. INVOCATION - Pastor Carl Floyd, Orange Christian Assembly 12. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 12. 2 ANNOUNCEMENTS - None 12.3 INTRODUCTIONS - None 12.4 PROCLAMATIONS - None 12.5 PRESENTATIONS - None 13. PUBLIC HEARINGS TAPE 2025 13.1 JOINT PUBLIC HEARING, APPLICATION FOR REDEVELOPMENT FUNDS,ORANGE REDEVELOPMENT AGENCY: (C2500.M. 4.9)Time set for a joint public hearing with the Orange Redevelopment Agency to consider application of certain redevelopment funds ($ 50,000.00) for designating public improvements to be owned by the City at the City Corporation Yard. (Mary's Kitchen)See Orange Redevelopment Agency Minutes, Item 9.1)MAYOR BEYER OPENED THE PUBLIC HEARING.The Administrator of Economic Development presented the report Scott Mather, Development Director for the Council of Orange County Society of Sl Vicent DePaul, and currently chairing the Orange CARES Committee reported the goal is to have the opening on April 9, 1993. The program will be operating seven days per week, with clients coming from 10:00 A.M. to 3:00 P.M. The goal is to bring the other groups feeding people in the park during the weekends into the program. Another goal is to be in a permanent location within one year. The License Agreement expires in one year. Notification for safety regarding the people that will walk along the railroad tracks is being completed. Also, the businesses and owners that are located next to the trailer will be notified when the opening occurs.Future funds will be raised from foundations, community, and the private sector.Carol Walters, 534 N. Shaffer, asked if it was legal to use redevelopment funds for homeless food?Mayor Beyer indicated it was. Police Chief Robertson was asked to comment on the Police Departments' concerns about the facility being located to Police Headquarters. He indicated from the overall standpoint there will be no problem. The Police Department wants to be good neighbors and wants people to come to them for assistance.PAGE 7 CITY COUNCIL MINUTES February 23, 1993 13. PUBLIC HEARINGS (Continued) Beverly Nestande, committee member, discussed the timelines planned for the first year and the fund raising goals. All the committee members and staff members that worked on the committee were introduced and credited by the City Council. THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. RESOLUTION NO. 8152 A Resolution of the City Council of the City of Orange approving the appropriation and expenditure by the Orange Redevelopment Agency of certain funds for designated public improvements to the City Corporation Yard, and making certain findings in connection therewith (installation of public buildings - not to exceed $50,000.00 from Northwest project Area Funds).MOTION SECOND AYES Steiner Barrera Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved that Resolution No. 8152 as introduced be adopted and same was passed and adopted by the preceding vote.14. PLANNING AND ENVIRONMENT - None 15. REPORTS FROM CITY MANAGER 15.1 Report concerning various agreements associated with the Mary's Kitchen project.A2100.0.Agr 2059) ( On file in the City Oerk's Office.)Karen Nobrega, Project Manager, read the following changes to the license agreement Page 4 of the agreement, strike the requirement for fire insurance; and on Page 2, the hours will be limited for patrons from 10:00 A.M. to 3:00 P.M. and the hours for licensee will be from 8:00 A.M. to 5:00 P.M.MOTION SECOND AYES Barrera Spurgeon Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to approve and authorize the Mayor and City Oerk to execute License Agreement with Heart for the People, Inc. to allow use of premises and facilities at 517 W. Struck Avenue for Food Distribution Program, and to include deletions as outlined by the Project Manager.PAGES CITY COUNCIL MINUTES February 23, 1993 15. REPORTS FROM THE CITY MANAGER (Continued) MOTION SECOND AYES Barrera Spurgeon Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to authorize the City Manager to execute on behalf of the City all other lease agreements associated with the project (i.e. mobile office structures, etc.).16. ORAL PRESENTATIONS- None 17. ADJOURNMENT MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz The City Council adjoumed at 7:30 P.M. to a Oosed Session on March 2, 1993 at 3:00 p.m. in the Council Chambers to meet and give directions to its authorized representative regarding labor relations matters pursuant to Government Code Section 54957.6.PAGES