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06-29-1993 Council Minutes Adj RegularAPPROVED BY CITY COUNCIL ON JULY 13, 1993 CITY COUNCIL MINUTES OF AN ADJOURNED REGULAR MEETING ORANGE, CALIFORNIA June 29, 1993 The City Council of the City of Orange, California convened on June 29, 1993 at 6:00 P.M. in an Adjourned Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 6:00 P.M. SESSION 1.2 ROLL CALL PRESENT - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ABSENT - None 2. RECESS The City Council recessed 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 1889.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)(I).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.RECESSED AND RECONVENED AT 7:00 P.M.1. OPENING 1.1 PLEDGEOF ALLEGIANCE TO THE FLAG 1.2 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS - None.1.3 PROCLAMATIONS - None.PAGE 1 CITY COUNCIL MINUTES June 29, 1993 2. CONSENT CALENDAR - Tape 32 2. 1 Declaration of City Clerk Marilyn J Jensen declaring posting of City Council agenda of an adjourned regular meeting ofJune 29, 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 Amendment to the layoff list approved by Council on April 13, 1993 to retain a 19 hours/ weekLibrarian L (Continued from 6-22-93.) ( C2500JA)FISCAL IMP ACT: Approximate savings of$19,500. 00 ACTION: Approved.REMOVED AND HEARD SEPARATELY.)2.3 Amendment to the layoff list approved by Council on April 13, 1993 to restore 16 hours a week of Administrative SecretarylReceptionist in the City Clerk's office to partially replace the eliminated full-time position of City Council Secretary. (Continued from 6-22-93.)FISCAL IMP ACT: Increase of $18,817.00 annually from the General Fund.Councilwoman Coontz indicated the cost of this individual would be shared by three departments: City Council, City Manager and City Clerk. ( C2500JA)MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Moved to take action on this item as part of the budget, item 9. 1.REMOVED AND HEARD SEPARATELY.)2A That Council by motion approve the expenditure of $15,708.87 to Downey Ford in Downey, Calfornia for the replacement of one Police patrol vehicle #1012 that was totalled in an accident on 4-02-93. ( C2500.J.3)FISCAL IMP ACT: None. MOTION - Spurgeon SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved PAGE 2 CITY COUNCIL MINUTES June 29, 1993 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY.) 2.5 Amendment to layoff list approved by Council on April 13, 1993 to take the following actions: (C2500.J.4) 1) Eliminate the in-house duplicating operation and contract with the County of Orange for all duplicating needs.2) Amend the layoff list to add the two remaining positions in the Duplicating Division print Shop Supervisor and Print Shop Operator) to the layoff list and to delete the position of Storekeeper from the layoff list.FISCAL IMPACT: Approximate savings of $30,000 annually.MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Moved to take action on this item as part of the budget, item 9.1.REMOVED AND HEARD SEP ARATEL Y)2.6 Request from Finance Department for Council approval to: (C2500J.l 1) Authorize the issuing, by competitive bid, of Tax and Revenue Anticipation Notes TRAN) in the amount of $10,000,000.00 for a term of 13 months.2) Amend the Investment Policy to allow, in addition to the 15% of the City's portfolio currently allowed by the policy, the placement of the proceeds of these funds for investment with the Orange County Investment Pool.FISCAL IMPACT: Net earnings of $425,000.00.ACTION: Approved. MOTION - Barrera SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that the need to take action on the following item arose after the posting of the agenda.PAGE 3 CITY COUNCIL MINUTES June 29, 1993 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY.) 2.7 Request from Community Services Department to delay layoff of Recreation Supervisor until the conclusion of the summer program and submission of the report substantiating the Recreation Division become more financially self-sustaining. (C2500.J. 4)MOTION - Spurgeon SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved. MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Items 2.3,2.4, 2.5,2.6and 2.7 were removed and heard separately. All other items were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER - None.4. REPORTS FROM COUNCILMEMBERS - None.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.6. ADMINISTRATIVE REPORTS - None.7. REPORTS FROM CITY MANAGER - None.8. LEGAL AFFAIRS - Tape 268 8.1 RESOLUTION NO. 8190 A Resolution of the City Council of the City of Orange authorizing the Public Employees'Retirement System to grant an additional designated period for two years additional service credit for the City of Orange. (Il200.0.3.4)MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8190 as introduced be adopted and same was passed and adopted by the preceding vote.PAGE 4 CITY COUNCIL MINUTES June 29, 1993 8. LEGAL AFFAIRS (Continued) 8.2 RESOLUTION NO. 8196 A Resolution of the City Council of the City of Orange amending and revising the Master Schedule of Fees and Charges as authorized by the Orange Municipal Code Chapter 3.10. Continued from June 22,1993.) (C2500.J.LO.l) MOTION - Coontz SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8196 as introduced be adopted and same was passed and adopted by the preceding vote. Community Service fees to be revised at a later date, pending the results of the fee study requested by Council at the Study Session of June 28, 1993. Council wants to be sure fees charged cover the actual cost of services rendered.9. PUBLIC HEARINGS 9.1 JOINT PUBLIC HEARING, INTERIM 1993/94 FISCAL YEAR BUDGET, CITY OF ORANGE:Time set for second joint public hearing with the Orange Redevelopment Agency to consider the adoption of an interim 1993/94 Fiscal Year Budget, and Resolution No. 8195 adopting a limitation on certain appropriations in accordance with Article XIII of the State Constitution.Continued from 6- 15 and 6-22-93.) (C2500J.U) THE PUBLIC HEARING REMAINS OPEN. Councilwoman Coontz gave the following introductory remarks: "The continuing recession and the State's take-away of millions in property taxes has created great budget difficulties for the City of Orange.Since December, the Council has worked on a weekly basis to reduce the operating costs of the City through continuation of the furlough program, layoffs, and restructuring all City operations to save millions of dollars.83 positions have already been eliminated through the hiring freeze, early retirement program,layoffs, privatization, and reduced hours. As a result of the budget study session yesterday, the City Council will consider tonight the elimination of an additional 22 1/2 positions.Over the last six months, the Council has restructured the operations of City Hall to save more than $2 million. As a result ofthe study session yesterday, we are proposing additional operational reductions of more than $2.3 million.PAGE CITY COUNCIL MINUTES June 29, 1993 9. PUBLIC HEARINGS (Continued) In the three hour study session, there were other proposals the Council either did not consider appropriate, or directed staff to come back in the near future with further information. The most significant study issues include savings to be considered by reducing street lighting, by retaining certain recreational programs through a study of recreational fees recognizing true overhead costs, and a proposal to transfer water fund reserves. The State of California, through its take-away of property tax and other revenues, has put us in a situation where our services are in danger of falling back to the levels of twenty years ago.Through all of our deliberations, our goal is to exhaust all avenues to reduce the cost of providing City services while maintaining the basic quality of services the residents have come to expect.To meet the legal requirements of the State Constitution, the Council must approve appropriations by June 30th, even though the Council will continue to make cuts in the next 60 days to come up with a final budget."The following people spoke in favor of continued financial support of the Miss Orange program:Elsa Blazavic, 4239 Ranch Gate Road, Anaheim.Christie Hayes, 9872 Colony Grove, Villa Park.The following people spoke in favor of continued financial support of Parks and Recreation programs:Peggy Calvert, 920 N. Hart, Orange.Joan Rowe, 16 N. Stonington Rd.Andrea Bingenheimer, 324 E. Woodstock Avenue.Donna L. Blum, 1134 E. Chalynn.Garry Wood, 3801 E. Ridgeway Road.The following people spoke in favor of continued financial support of the Resource Center:Juventino Olvera, 3846 Maple #45, Orange.Carla Furtado, 173 S. Batavia.Robert Dickinson, 6032 Cadbury Drive, Orange.Ben Belkhodda, 1032 E. Mayfair Drive, Orange.Belardo Correa, 4625 W. Chapman # 75.Sylvia Winer, 2105 Catalina.Ron Barstad, 2206 Parkside.Carlos Correa, 4839 Maple #7 A Ana Maria Alvarez, 4522 Circle Way, Orange.Carmen Saldana, 1903 N. Shaffer St., Orange.Estela Martinez, 611 W. Culver, Orange.The following people also spoke:John Dieball, 1520 W. Yale Avenue, spoke on behalf of business owners in Orange,requesting Council support for streamlining the permit process.PAGE CITY COUNCIL MINUTES June 29, 1993 9. PUBLIC HEARINGS (Continued) Carole Walters, 534 N. Shaffer Street, spoke in support of the keeping the Code Enforcement Department. Vic Calagna, 113 5 E. Culver. (several concerns) THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED. MOTION - Coontz SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to adopt the proposed interim Fiscal Year 1993/94 temporary appropriations, including the reductions approved by the Council. The adoption of these appropriations is with the understanding that additional reductions to the budget will be made during the next two months,based on various studies underway. Reductions on file in the City Clerk's office.MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to have the Acting Finance Director monitor actual expenditures and report to the City Manager and Council on a weekly basis, for the purpose of control of said expenditures.RESOLUTION NO. 8195 A Resolution of the City Council of the City of Orange approving and adopting the appropriations limit for the Fiscal Year 1993/ 94.MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8195 as introduced be adopted and same was passed and adopted by the preceding vote.MOTION SECOND AYES Coontz Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that the interim appropriations are in compliance with the Gann spending limitation.1c*****PAGE 7 CITY COUNCIL MINUTES June 29, 1993 9. PUBLIC HEARINGS (Continued) 9.2 UTILITY TAX: Tape 2702 Time set for second public hearing to consider the adoption of a Utility Tax on the use of telephone, cable T.V., electricity, natural gas, water, sanitation and sewer services ("Utility Services") proposed by the City Manager. (Continued from 6-15 and6-22-93.) ( TlI00.0.3)The City Manager and Finance Department Staff recommended Council continue the public hearing on this item to Tuesday, September 14, 1993. This would allow Council time to consider additional reductions to appropriations and to receive further public testimony before further consideration of the utility tax.THE PUBLIC HEARING REMAINS OPEN.The following people spoke in opposition:Carole Walters, 534 N. Shaffer Street. Feels the voters should decide.Corinne Schreck, 446 N. James.Cindy Baker, representing East Orange County Association of Realtors, wants voter approval.Vic Calagna, 1135 E. Culver.The following spoke in favor:Larry Lykins, 830 N. Ross, Santa Ana, representing the Professional. Technical and Clerical Employees' Union.THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED. MOTION SECOND AYES Murphy Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to deny adoption of the utility tax.9.3 PROPOSED BUSINESS LICENSE TAX ON THE RENTAL OF RESIDENTIAL DWELLING UNITS, CITY OF ORANGE: Tape 3170 Time set for second public hearing to consider the adoption of a Business License Tax on the business of renting residential dwelling units within the City of Orange as proposed by the City Manager as follows: (Continued from 6-15and 6- 22-93.) (TllOO.OA)I. Proposed tax rate would be $25 per year for one to four dwelling units rented or offered for rental within the City of Orange plus $5 per year for each dwelling unit in excess of four.2. The Business License Tax would be imposed on the owner of each dwelling unit rented or offered for rental in the City CITY COUNCIL MINUTES June 29, 1993 9. PUBLIC HEARINGS (Continued) 3. The estimated amount of revenue that would be raised annually by the proposed Business License Tax is $80,000. THE PUBLIC HEARING REMAINS OPEN. The following people spoke in opposition: Cindy Baker, representing the East Orange County Board of Realtors, wants voter approval. Vic Calagna, 1135 E. Culver. Juan Pablo Serrano-Nieblas, 224 N. Olive Street.Lyndon Swensen, 520 N. Orange.THERE BEING NO FURTIffiR SPEAKERS, THE PUBLIC HEARING WAS CLOSED. MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to deny the adoption of a business license tax.10. PLANNING AND ENVIRONMENT - None.11. ORAL PRESENTATIONS - Tape 3500 Juan Pablo Serrano- Nieblas, 224 N. Olive Street, addressed the Council regarding the posting of anti-abortion signs around an abortion clinic. He feels the law is being violated. The Police Department will investigate.The following people thanked the Council for all their hard work on the budget:Corinne Schreck, 446 N. James.Bob Covery, 1070 Morton Street.Carole Walters, 534 N. Shaffer Street.Betty Roberts, 1752 N. Morningside St., thanked Council for taking the time to explain their actions to the citizens.PAGE 9 CITY COUNCIL MINUTES June 29, 1993 12. ADJOURNMENT MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to adjourn at 9:20 p.m. to an Adjourned Regular Meeting on July 7, 1993 at 4:00 p.m.This will be a Closed Session for Labor Relations only.4~~~~-"~Marily . Jen, .c. City Clerk PAGE 10