05-12-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 26, 1998
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 12, 1998
The City Council of the City of Orange, California convened on May 12, 1998 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Coontz
Presentation of Colors - Girl Scout Troop 1770, Jamie Sugarman, Scout Leader 1.
2 ROLL CALL PRESENT -
Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez
1.3 PRESENTATIONS/
ANNOUNCEMENTS/ INTRODUCTIONS Mayor Coontz announced
the Friends of the Library donated $3,500 to the City from the sale of books.
The money will be used for the Summer Reading and Holiday Programs.The City Manager
introduced the new Assistant to the City Manager, Barbara Azeka.Mayor Coontz reported
on a block party hosted by the Mills Development Corporation which was attended
by members of the Council and the community. The Mills Development Corporation is
known for the creativity oftheir projects. Councilman Murphy expressed excitement
with the new development, which will be called "The Block at Orange."
Mayor pro tem Slater commented he is impressed with the plans for the project, especially
the Skate Park which will be the largest in the country.Barbara DeNiro questioned
the square footage of the Skate Park planned for the Mills project. Ms. DeNiro
commented that 400 parking spaces had been eliminated at the Mills and expressed concern
that there be adequate parking.The City Manager
said the parking issues have been well defined and reviewed. The elimination of the
parking places was a result of examining the property for space that would not be
leased.PAGE 1
CITY COUNCIL MINUTES May 12, 1998
1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
The City Attorney reported the City is beginning to receive a pro-rata distribution
from County settlements with various defendants involved in the bankruptcy. The
City receives .8% of all settlements. The First Boston settlement was for $52 million,
which was approximately $416,000 to the City of Orange. He clarified it may be awhile
before the City receives the money. The settlement has to be approved by the court and could
be opposed by various
defendants.1.4
PROCLAMATIONS A Proclamation honoring National Public Works Week, May 17-23, 1998
was accepted by Harry Thomas, Director of
Public Works.2.CONSENT
CALENDAR Tape410 2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of
City Council agenda of a regular meeting of May 12, 1998 at Orange Civic Center,
Taft Branch Library at 740 E. Taft Avenue, Police facility at 1107 North Batavia,
the Eisenhower Park Bulletin Board, and summarized on Time Warner Communications, 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 Request Council confirmation of warrant registers dated April 23 and
30, 1998.
ACTION: Approved.REMOVED AND HEARD SEP ARA
TEL Y)2.3 Request approval of City
Council Minutes.Adjourned Regular Meeting, April
21, 1998.NOTE: Mayor pro tem Slater abstained due to his absence at the April 21,
1998 meeting.MOTION -
Murphy SECOND - Spurgeon
AYES - Murphy, Mayor Coontz, Spurgeon ABSTAIN-
Slater ABSENT -
Alvarez Moved to
approve the minutes of April 21, 1998.PAGE 2
CITY COUNCIL MINUTES May 12,1998
2. CONSENT CALENDAR (Continued)
Regular Meeting, April 28, 1998.
NOTE: Mayor Coontz asked that the minutes be continued as she has questions.
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved
to continue to
May 26, 1998.2.4 Consideration to
waivereading in full of all ordinances on the Agenda.ACTION: Approved.AGREEMENTS 2.
5 Consultant
Agreement
with Thomas M. Pike and Associates for appraisal services.A2100.0 AGR-2714.
B)SUMMARY: Additional appraisal
services are needed in connection with the Chapman AvenuelMain Street Critical
Intersection Widening Project. Thomas M. Pike and Associates has performed
similar services under an existing contract with the City. The additional scope of
work will increase the contract amount not to exceed $35,000.ACTION: Authorized Mayor
and City Clerk to execute consultant agreement with Thomas M. Pike &
Associates for real estate appraisal services in an amount not to exceed $35,000.
FISCAL IMPACT: Funds
are budgeted in Account No. 262-5011-483300-3229 (CIP-
Chapman/Main Intersection) - $35,000.REMOVED
AND HEARD SEP ARA TEL Y)2.
6 Supplemental Services Agreement with Business Records Corporation ("BRC") to install
Internet access for the City's Wide-area Network and Main Library
computer systems. (A2100.0 AGR-0978.C.
1)SUMMARY: At the City's request BRC, the contracted network administrator,
has submitted a proposal to provide Internet access installation and Web page design
services for $55,
000.FISCAL IMPACT: Funds are budgeted in the FY 97-98 MIS
budget. 780-1601-426700-
9640 (Data Processing Upgrade).NOTE: Councilman Murphy abstained on this item based on
a
conflict due
to
CITY COUNCIL MINUTES May 12, 1998
2. CONSENT CALENDAR (Continued)
MOTION - Spurgeon SECOND -
Coontz AYES - Slater,
Mayor Coontz, Spurgeon ABSTAIN- Murphy ABSENT -
Alvarez Moved
to approve supplemental
services agreement with Business Records Corporation BRC) and authorize the
Mayor and City Clerk to execute on behalf ofthe City.2.7 Lease Agreement
between the City of Orange and Major League Softball, Inc., for Office Space at Hart
Park. (A2100.0 AGR-2242.A)SUMMARY: One year
lease agreement between City of Orange and Major League Softball, Inc., for
use of City property at Hart Park in the amount of $4,000 per year.ACTION: Approved one
year lease agreement with Major League Softball, Inc., for office space at
Hart Park in the amount of $4,000 per year.FISCAL IMPACT: Funds
will be deposited in Account No. 100-0000-25100 (Rentals).BIDS
2.
8 Approve plans and specifications and authorize advertising bids for modification of six (
6) traffic signals at various locations. (S4000.S.3.3)SUMMARY:
The existing traffic signals at the following intersections are programmed for
modifications in the 1997-98 City budget:
Chapman Ave. & Prospect St., Glassell St. & Collins Ave., Tustin St. & Palmyra Ave.,
Glassell St. & Riverdale Ave., Taft Ave. & Glassell St., Main St. & Katella Ave.
ACTION: 1) Approved the following fund transfers:
23,450.00 from 284-5032-483199-3126 (TSM ElectronicNisua1 Data
Links) into 284-5032-483100-
6140 Collins signal modification account).30,800 from 284-5032-
483199-3126 (TSM ElectronicNisual Data Links)
into 284-5032-485100-6137 (Glassel1/Riverdale signal modification account).2) Approved
plans and specifications and authorized advertising bids for modification
of the existing traffic signals at the locations listed above.FISCAL IMP
ACT: Funds are budgeted in the Capital Improvement Program utilizing TSIP and 550
developer funds.
CITY COUNCIL MINUTES May 12, 1998
2. CONSENT CALENDAR (Continued)
2.9 Contract Change Order No.2 for Project No. D-126, PalmlGlassell Storm
Drain.A2100.0
AGR-2883)SUMMARY: A contract in the amount of $405,043 was awarded to David
T. Wasden,Inc., August 26, 1997, for the PalmlGlassell Storm Drain. Contract Change Order
No. 1 was a "no cost" change in the contract completion time, to delay the start of work
to the end of the
rainy season.Change Order No.2 will provide for reconstruction of damaged concrete
pavement on Grand Street from Almond A venue to Chapman Avenue, and on Palm
Street from Orange Street to Center Street resulting from changed subsurface conditions and
repair of seriously deteriorated concrete pavement on Grand Avenue outside the
original
project limits.ACTION: Approved Contract Change Order No.2 in the amount of $50,000 to
David T.Wasden, Inc. for the additional quantities at contract
unit prices.FISCAL IMP ACT: Funds are budgeted in the
following account:262-5021-483300-3120 $
50,000 (Local Street Maintenance)2.10 Final Contract Change Order for Project No.
SP-3215, Fashion
Park Screen Wall.A2100.0 AGR-2940)SUMMARY: This Final Contract
Change Order authorizes payment to cover additional screen wall removal and reconstruction and
extra work beyond the original scope of work. The
total contract cost is $140,173.85.ACTION: Approved Final Contract Change Order in
the amount of $7,035.70
to Construction Systems for the extra work.FISCAL IMP ACT:
Funds are budgeted in the following
account:500-5011-485100-3040 $7,035.70 (Capital Improvement)2.11 Award
of Contract - Project SP-3218, Critical Intersection Improvement
at Main Street and La Veta Avenue. (A2100.0 AGR-3029)SUMMARY: Main Street
at La Veta Avenue is a critical intersection identified in the City of Orange GeneralPlan
adopted bythe City Council August 22, 1989. Sections 2.3 and 2.4 of the subsequent
Main, La Veta, Chapman E.I.R. adopted March 24, 1992,identify Main Street at
La V eta Avenue as a significantly impacted intersection due to adjacent development.
This project will widen the North and West
legs of the intersection to Culver Avenue and Alpine Street, respectively.ACTION: Accepted Bid
No. 978-38 in the amount of $449,993.75 from Sequel
Contractors, Inc., 12240 S. Woodruff Avenue, Downey, CA
90241 and
authorized
CITY COUNCIL MINUTES May 12,1998
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted in the following accounts:
550-5011-483300-3227 $336,150.00 (Reimbursable
Capital Projects Fund)286-5031-483300-
3227 $113,843.75 (TSIA Fund)
Total Funds Available $449,993.75 2.12 Award of Contract - Project SP-
3158, Critical Intersection Improvement at The City Drive
and Chapman Avenue. (A2100.0 AGR-3028)SUMMARY: The City of Orange General
Plan, adopted August 22, 1989, identifies The City Drive and Chapman Avenue in
the Critical Intersection Program component of the circulation element. The improvements
at this Critical Intersection are necessary to alleviate congestion and promote
a stable circulation system to accommodate future growth. This project is the first segment of
the improvements along The City Drive from Chapman Avenue to the
Garden Grove Freeway. These improvements will enhance access to the Mills
Development scheduled to open in November, 1998.ACTION: Accepted Bid No. 978-33 in the amount
of$1,649,833.30 from All American Asphalt, P.O. Box 2229, Corona,
CA 91718-2229 and authorized
the Mayor and City Clerk to execute the contract.FISCAL
IMP ACT: Funds are budgeted in the following account:
550-5011-483300-3235 $1,649,833.
30 (City Drive Widening/Chapman)Total Funds Available 1,649,833.30 2.13
Award of Bid 978-39 for One ArticulatingWheeled Loader, One
Wheeled Loader and One Skid Steer Loader. (A2100.0 AGR-3027.I; AGR-
3027.II)SUMMARY: The three loaders
are used for construction and maintenance projects by the Public Works Department throughout
the City.ACTION: Awarded Bid No. 978-39 to Contractor's Equipment Company in the
amount of $125,143.00 for the Articulating Wheeled Loader and Skid Steer
Loader; and Cook Equipment Company in the amountof $38,262.03 for the Wheeled
Loader.FISCAL IMPACT: Funds
in the
CITY COUNCIL MINUTES May 12,1998
2. CONSENT CALENDAR (Continued)
CLAIMS
2.14 CLAIMS FOR DAMAGES FROM: (C3200.0)
a. David A. Young
b. Andrew Clayton
c. Lorinda Clayton
d. Amber Clayton
e. Christopher Clayton
f. Bryce Clayton
g. Brandon Clayton
h. Andrew Clayton, Jr.
FISCAL IMPACT: None.
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
CONTRACTS
2.15 Award of professional service contract to KFM Engineering, Inc. for the Mall of
Orange Transit Center Facility and Location Study. (A2100.0 AGR-
3029)SUMMARY: As a result of public testimony from the Wal-Mart site
plan approval hearing the City Council authorized a Transit Center and Location Study for the
Mall of Orange. This study will examine possible alternatives to the current OCT
A bus circulation around the Mall. A thorough analysis of each alternative will
ultimately be presented to the City Council for review. KFM Engineering, Inc. has submitted
the most responsive proposal to conduct
the
study.ACTION:1. Authorized the Mayor and City Clerk to execute a contract with
KFM Engineering,Inc. in an amount not to exceed $48,
500.00.2. Appropriated funds to the following Account
No. 550-5031-486700-6471 Reimbursable Capital Projects-Transit
Center Development Program $48,500.00 FISCAL IMP ACT: The above
referenced expenditures
are
reimbursable from the following
sources:OCTAGrant Mall
of Orange Contribution
85,000.
CITY COUNCIL MINUTES May 12, 1998
2. CONSENT CALENDAR (Continued)
2.16 East Chapman Avenue Alignment Study from Crawford Canyon Road to
Equestrian Drive. (A2100.0 AGR-
2724)SUMMARY: The City Council authorized an alignment study and
right-of-way acquisition for East Chapman Avenue as part of the
1996-97 Capital Improvement Program. A Traffic Study is needed to assess feasible alternatives for
the project and aid in selecting the preferred alignment. UMA Engineering, Inc. was
retained as a consultant
to prepare the study.The Traffic Study will increase the contract cost from $75,
000 to $92,000.ACTION: Approved Contract Change Order No. 1 in an
amount not to exceed 17,000.00 to UMA Engineering, Inc. for
Professional Engineering Services for completion of a Traffic Study for the East
Chapman Avenue Alignment Study.FISCAL IMP ACT: Funds are budgeted
in the following account:285-5011-481102-
4009 $263,
000.00 (TSIP East Orange)PARKING
RESTRICTIONS REMOVED AND HEARD SEP ARATEL Y)2.17 Time limit parking restrictions
on Cambridge St. between Almond Ave. and Chapman Ave., and relocation of the bike
lane from Cambridge St. to
Shaffer St.S4000.S.3.1.2)SUMMARY: Under the City
Council's direction the City Traffic Commission considered the relocation of the bike route
and implementation of time limit parking on Cambridge St. The Commission,
based on staff recommendations and public input,decided that the bike lane is operating at
an acceptable level of safety and convenience under the existing configuration, and that the
installation of time limit parking would not be in the best
interest of the area
businesses or residents.FISCAL IMP ACT: None.NOTE: Mayor pro tem Slater abstained due
to a property interest
on the block.
MOTION - Mayor Coontz SECOND - Murphy AYES -
Murphy, Mayor Coontz,
Spurgeon ABST AIN-
Slater ABSENT - Alvarez Moved to deny the relocation of the existing bike route to an
adjacent north-south street and deny the implementation of time limit parking
restrictions on
CITY COUNCIL MINUTES May 12, 1998
2. CONSENT CALENDAR (Continued)
RESOLUTIONS
2.18 RESOLUTION NO. 8924
A Resolution of the City Council of the City of Orange adopting a policy
concerning the City's participation in Friend-of-the-Court
briefs. (C2500.
B)ACTION: Approved.2.19
RESOLUTION NO. 8925 A Resolution of the City Council of the City of Orange
summarily vacating a portion of Sycamore Avenue approximately 100 Feet east
of GlassellStreet.
S4000.S.
4)ACTION: Approved.2.20
RESOLUTION NO. 8926 A Resolution of the City Council of the City of Orange
finally accepting the completion of a certain public work and improvement; Bid
No. 978-15; SP-3215;Construction Systems; Fashion Park
Screen Wall. (
A2100.0 AGR-2940)ACTION:
Approved.2.21 RESOLUTION NO. 8929 A Resolution of the City Council of the City
of Orange authorizing the temporary closure of Center and Grand Streets for the
Civic Center Heating Ventilating and Air-Conditioning Systems Retrofit Projecton
May 15,
1998. (S4000.S.4)ACTION:
Approved.2.22 RESOLUTION NO. 8931 A Resolution of the City Council of the City of
Orange expressing appreciation to Jere P.Murphy of the Community Development Department for
more than twenty five years of
loyal and
dedicated service. (C2500.G)ACTION:
Approved.2.23 RESOLUTION NO. 8923 A Resolution of the City Council of the City
of Orange renaming Handy Creek Road north of Canyon ViewAve. to
Aspen Street. (
S4000.S.
CITY COUNCIL MINUTES May 12,1998
2. CONSENT CALENDAR (Continued)
2.24 RESOLUTION NO. 8927
A Resolution of the City Council of the City of Orange expressing appreciation to
Georgia Minklein of the Orange Fire Department and commending her for more than 17
years ofloyal and dedicated service. (C2500.H)
ACTION: Approved.
SPECIAL EVENTS
2.25 Request for temporary suspension of permit parking restrictions within Permit
Parking 'Area A' (downtown area) for a special event. (S4000.S.3.1.2)
SUMMARY: Chapman University is requesting parking relief for their annual
Baccalaureate and Commencement Ceremonies to be held at their campus on May 23rd,
and May 24th, 1998. Additionally, closure of Walnut Ave. between Orange St. and
Center St. is requested on Sunday, May 24th, between the hours of 9:00 a.m. and 11 :00
a.m., and 3:00 p.m. and 5:30 p.m. This request has been approved in prior years.
ACTION: Approved the request of Chapman University and suspended the permit
parking restrictions 'Area A' on Saturday - May 23"\ 1998 and Sunday - May 24th, 1998.FISCAL IMPACT:
None.RESOLUTION NO.
8921 A Resolution
of the City Council of the City of Orange authorizing the temporary closure of Walnut
Ave. between Orange St. and Center St. for a special event on Sunday, May 24, 1998.
ACTION: Approved.
WAIVER OF
FEES 2.26
Request from the Orange County Fire Authority to waive Transportation Permit fees for
oversize loads. (C2500.M.20)SUMMARY: The
Orange County Fire Authority is requesting the City Council waive the annual
Transportation Permit fees for the movement of their heavy equipment throughout the
City. This request is based upon the public benefit received from Authority mutual
aid responses to wild land Fires.ACTION: Waived
the annual Transportation Permit fees for the Orange County Fire Authority.FISCAL
IMPACT:
Loss of $270.00 annually to the City.PAGE 10
CITY COUNCIL MINUTES May 12, 1998
2. CONSENT CALENDAR (Continued)
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Item
Nos. 2.3,
2.6 and 2.17 were removed and heard separately. Mayor pro tem Slater abstained on Item 2.
3 (April 21, 1998 Minutes) and 2.17. Councilman Murphy abstained on Item No. 2.
6. The remainder of the Consent Calendar was approved as recommended.END OF CONSENT CALENDAR
3. REPORTS FROM MAYOR
COONTZ - None 4. REPORTS FROM COUNCILMEMBERS - None
5. REPORTS FROM BOARDS, COMMITTEES, AND
COMMISSIONS Tape 500 5.1 Reappoint Linda Zehner to
the Community Development Block Grant Committee,term to expire April 30, 2000. (
ORI800.0.8.3)MOTION - Murphy SECOND - Spurgeon AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon ABSENT - Alvarez
Moved to approve the reappointment.5.2
The Investment Oversight
Committee Quarterly Report for the
Quarter Ending March 31, 1998. (ORI800.0.27.16)The City Treasurer
presented the report.MOTION - MayorCoontz SECOND -
Slater AYES - Murphy, Slater, Mayor Coontz,
Spurgeon ABSENT - Alvarez Moved
to receive and
file the report.6. REPORTS FROM CITY
MANAGER - None PAGE
11
CITY COUNCIL MINUTES May 12,1998
7.ADMINISTRATIVE REPORTS Tape 561
7.1 Report from the City Attorney and City Clerk on the proposed Agenda format.
C2500.D.3)
The City Attorney presented the proposed changes to the agenda format, which are being
recommended in order to provide a break between the 4:30 p.m. and 7:00 p.m. sessions.
Mayor Coontz expressed concern with the format of the Public Hearing process, suggesting that
Council comments and questions be heard prior to the Public Comments as it provides Council
the opportunity to ask questions. There is the question of mastering the agenda and the way
things are scheduled and whether there should be a third meeting.
Councilman Murphy suggested that Public Comments be heard at the beginning of the 7:00 p.m.
session, prior to the public hearings. Public comments at the 4:30 p.m. session only could put
undue constraints on people that work being given the opportunity to speak. He expressed
support of a third meeting on an as-needed basis
only.Mayor pro tem Slater expressed concern with the Public Comment portion of the agenda
and clarified there is only one meeting with a recess in the middle. He spoke in favor of
having Public Comments at the beginning of the 4:30 p.m. and the 7:00 p.m.
session.Councilman Spurgeon expressed support of having Public Comments prior to the 7:00 p.
m.session public hearings and would support a third meeting on an as-needed
basis only.Mayor Coontz indicated Ordinance No. 18-94, approved by the City Council
on August 23,1994, states that the meeting "continue until no later than 10 p.m.; provided,
however, that the City Council may extend such hour of adjournment by a majority vote." The
City Council can
exercise that option.The City Attorney explained additional meetings can be scheduled by the City
Council by calling for a Special Meeting. The City Manager added that additional meetings can be set
either by a special or an adjourned meeting. The City Clerk explained traditionally the 7:00
p.m. session has been
for public hearings.Barbara DeNiro, (address on file), spoke in support of the Public Comment
section being held prior to the 7:00 p.m. session, ifthere is to
be only one.Carole Walters, (address on file), spoke in support of two Public
Comment sections and commented on the role of
the City Council.The City Attorney will draft a Resolution changing the agenda format
as
recommended by Council.
MOTION -Mayor
Coontz SECOND -Slater AYES - Murphy, Slater, Mayor
Coontz, Spurgeon ABSENT -
Alvarez PAGE
CITY COUNCIL MINUTES May 12,1998
7. ADMINISTRATIVE REPORTS (Continued)
Moved to accept recommendations; move the invocation and the Public Comments to the
beginning of the 4:30 agenda; add Public Comments at the beginning of the 7:00 p.m. Session;
change the order of the agenda for Public Hearings to include Staff Report, Open Public Hearing,
Applicant Report, Council Comments and Questions, Public Comment, Close Public Hearing,
and Council Action; and acknowledge meetings can be continued if additional work needs to be
done on a subject or an agen~a item needs to be heard at a more timely time of the month.
7.2 Request by the City Attorney for the City Council to recast its votes on the
Quadrant Plan, the Conceptual Plan for the Plaza Park and Old Towne District Street
Lighting Master Plan to remove the impact of a potential conflict of interest.
a. Quadrant Plan and Conceptual Plan for the Plaza Park NOTE: See further
discussion of this item in Council Minutes of April 28 and May 26,1998 Tape 1239
The City Attorney reported the reason for bringing this item back to Council, and this has been
with the concurrence of Councilman Alvarez, is that in discussions with himself and the FPPC,
Councilman Alvarez determined that he should not have voted on two projects that were before
the Council at the last public meeting. Under the Brown Act, since there was already a public
meeting and public hearing on this matter, and it was before the body, there is no requirement to
have an additional public hearing or repeat what was already done. He indicated the only action
Council is being ask to take is to cast their vote on the project. A possible ramification from a
vote in which a Councilmember had a potential conflict, or if a conflict is found, is that the court
could void the action. By recasting votes, a clear message would be sent to the court, if it ever
should get that far, that the Council would have acted this way without the participation of the
Councilmember. He noted that all of this will come back to the Council for approval during the
bid process.
COUNCIL COMMENTS
Mayor Coontz asked the City Attorney to explain what it is that the City Council, as elected
members of the Council, must follow by State law? Whose responsibility is it to make the
decision that they have a conflict of interest? The City Attorney explained the provision which
addresses the issue for Councilman Alvarez is if a project is within 300 feet of property you own,
you have to abstain unless it will not have any foreseeable financial affect upon your property.
Based upon his discussion with Councilman Alvarez, after the meeting, Councilman Alvarez
determined that he wanted to abstain. The City Attorney apprises the Councilmembers of what
the rules are and ultimately it is up to the individual Councilmember to make that decision.
Councilman Spurgeon commented he has been on Council for eight years and he cannot ever
remember having to revote because of a tainted vote before or a vote that was illegal and that he
was not real clear on that. He said that sitting next to Councilman Alvarez he reminded him of
the fact, and said "aren't you going to disqualify yourself," as the hearing began. Councilman
Alvarez said no. Councilman Spurgeon asked if Councilman Alvarez had conversations with the
City Attorney or his staff prior to the hearing? Who contacted the Fair Political Practices
Commission?
PAGE 13
CITY COUNCIL MINUTES May 12,1998
7. ADMINISTRATIVE REPORTS (Continued)
The City Attorney responded the communication he has with Councilmembers is subject to
attorney-client privilege. It would be his preference that if the majority of Council wanted him
to answer that question, that Councilman Alvarez be present. If it is the direction of Council
to answer that question, he would request that it be put off until the next meeting. The item
could be placed on the agenda. All Councilmembers are entitled to know any conflict of
interest advice that may have been given to other Councilmembers. He indicated he could tell
Council individually and privately what advice was given. Due to the attorney-client privilege, he
has a professional responsibility not to disclose confidential communications.
Councilman Alvarez contacted the FPPC on
his own.Mayor Coontz asked for what purpose the FPPC was contacted? It was her understanding
this is a violation of State law. The City Attorney said he and Councilman Alvarez had
a discussion afterward about this issue and he believed Councilman Alvarez wanted to contact the
FPPC to see if they agreed with the recommendations that he had made. The City Attorney
explained this is a conflict of
interest issue.Councilman Murphy commented that seven speakers cards have been submitted. He
is not comfortable with the items being discussed unless the consultant is present and both sides
of the issue can
be discussed.The Director of Community/Library Services said the Plan is to start this project after
the Street Fair, which allows them time to make any
necessary adjustments.Mayor pro tem Slater commented he spoke with the consultant, Mr. Cathcart, who
confirmed the plan is to commence the project after the Street Fair. He indicated he would have been
in favor of proceeding with Item No. 7.2a on the agenda. However, since the Plaza is so important
to the community, he concurs with the two-week continuance and giving the
opportunity for
additional public input.At the request of Councilman Alvarez, the City Attorney read his letter
into
the record:Dave,Since April 28th I have been researching the possibility that I may have erred in
voting during the Public Hearings. Having reviewed the material you provided, I called the FPPC
and my personal attorney to discuss this situation with them. They reminded me that my
statement of economic interest has been a complicated one from the very beginning. Having now
gained some new information on the matter of my potential conflict, I feel it's necessary to
correct
the public record.Since I will be on vacation for the next council meeting, I need you to
do the
CITY COUNCIL MINUTES May 12, 1998
7. ADMINISTRATIVE REPORTS (Continued)
Place the Plaza renovations and master plan oflighting on the agenda for a new vote of the City
Council. We believe that it will not be necessary to open it to a public hearing or to hear any
testimony. The vote is simply to correct the public record, so I can correct my vote to show an
abstention due to my ownership interests in real property and my need to disclose the nature of
any potential conflicts.
And finally, I want you to disclose this letter to the public, so that everyone will understand that I
want the public record to be correct and that I am working hard to insure the public that I hold
myself accountable.
Councilman Mike Alvarez" (Letter on file in the City Clerk's Office)
Barbara DeNiro, (address on file), indicated she will address her questions under Oral
Presentations.
Janine McCormick, 240 N. California Street, recommended revisiting the issue.
Carole Walters, (address on file), commented she admires Councilman Alvarez for checking with
his attorney and the FPPC relative to his potential conflict of interest.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved
to continue Item
No. 7.2a to May 26, 1998 with the City Clerk to notify the consultant and everyone who submitted
a speaker card.7.2 b. Old
Towne District Street Lighting Master Plan (C2300.l)Tape 2171 MOTION - Slater SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon
ABSENT - Alvarez Moved to make the finding
that this project
is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15301 ofthe State CEQA Guidelines MOTION - Slater SECOND - Murphy AYES - Murphy, Slater,
Mayor
Coontz, Spurgeon ABSENT -
Alvarez PAGE 15
CITY COUNCIL MINUTES May 12, 1998
7. ADMINISTRATIVE REPORTS (Continued)
Moved to approve the acorn head design theme.
MOTION - Slater SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved
to approve the
four proposed street lights and drop the industrial light; 2) include the mile square in the boundary
to include the Nutwood Tract; and 3) the emblem be adopted but not painted; and 4) approve
the Master Lighting Plan for the Old Towne Historic District.Warren Euchler, 241 Cleveland,
referred to a newspaper article and expressed concern with monies being spent on
the Plaza renovation and said the businesses in the Plaza are not conducive to a pleasant
evening walk. The City Manager explained the article is misleading.The $250,000 issue
is related to a Capital Improvement Project for the Plaza Park which will be in next year's
budget. A public hearing was held on April 28th relating to the other expenditure,which will be agendized
for May 26th.Mayor Coontz referred Mr.
Euchler to the Director of Community Development to discuss his issues of concern.7.
3 Report from
the Finance Director concerning refunding outstanding bonds for Assessment District No. 86-
1 (East Orange). (A2100.0 AGR-3030; AGR-3031; AGR-3032)
The Finance Director presented the report. The proceeds from the original bonds were used to
construct the infrastructure that completed the Santiago Hills Development in East Orange.
Mayor pro tem Slater asked if the monthly assessment will go down or the length of the bond
issue will shorten? The Finance Director responded the assessments put on the annual tax bill
will be significantly reduced. If the homeowner pays on a monthly basis for taxes along with
their mortgage payment, it would be on a monthly basis.
Mayor Coontz commented the development was unusual for the City as it included a Mello
Roos, which is the only Mello Roos in the City of Orange.
RESOLUTION NO. 8930
A Resolution of the City Council of the City of Orange declaring its intention to refund the
outstanding bonds of Assessment District No. 86-1 (East Orange); to levy reassessments
as security for the refunding bonds; to continue the lien of the original assessments on
certain parcels of property in the assessment district, and to employ bond counsel, disclosure
counsel and financial
advisor.PAGE
CITY COUNCIL MINUTES May 12, 1998
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved
that Resolution No.
8930 as introduced by adopted and same was passed and adopted by the preceding vote.8.
LEGAL AFFAIRS Tape
2304 8.1 City of
Orange Uniform Bail Schedule (A2500.0)SUMMARY: The proposed Uniform
Bail Schedule is a schedule utilized by the court to impose bail amounts, mandatory appearances
and penalty assessments.FISCAL IMP ACT: The
percentage of reimbursable revenue will increase from bail forfeiture and penalty collection by
the Municipal Court due to the extent of increases in bail of some existing sections and other
sections being added to the revised Uniform Bail Schedule.MOTION - Slater SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon
ABSENT - Alvarez Moved to approve the revised
Uniform Bail Schedule
and instruct the City Attorney to submit the Bail Schedule to the Orange County Municipal
Court, Central District, for approval by the presiding Judge.8.2 ORDINANCE NO. 7-98
An Ordinance
of the City Council of
the City of Orange adding Chapter 12.18 of the Orange Municipal Code, Outdoor Dining on Public Walkways. (
A2500.0)MOTION -Murphy SECOND -Slater AYES - Murphy, Slater,
Mayor Coontz,
Spurgeon ABSENT -
Alvarez Moved that Ordinance No. 7-98
be read by
title only and same was approved and adopted by the preceding vote.8.3 ORDINANCE NO. 8-98
An Ordinance
of the City Council of
the City of Orange amending Chapter 17.34 of the Orange Municipal Code relatingto in-lieu parking
fees in the Downtown Plaza District. (A2500.0)Discussion: Barbara DeNiro, (address on file),
said she will not discuss this, but will write a letter to each Councilmember and wants
an answer in writing.PAGE 17
CITY COUNCIL MINUTES May 12, 1998
8. LEGAL AFFAIRS (Continued)
MOTION - Spurgeon SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved
that Ordinance No.
8-98 be read by title only and same was approved and adopted by the preceding vote.9.
RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS
Don Ebrite, 18131
Lincoln Street, Villa Park, representing Villa Park Homeowners, expressed concern with alternatives
proposed to address excessive traffic volume in the area of Vita Drive and Francisco Drive
in the southeast portion of Villa Park. It is their opinion the alternatives will severely impact Villa
Park to Orange and Orange to Villa Park traffic. Council was asked to voice concern to
the Villa Park City Council before their May 26th meeting. (Letter on file in the City Clerk's
office - R-3500.0)Carole Walters, (address
on file), expressed concern for her life because of statements overheard at the Police
Department. Ms. Walters demanded a meeting with the City Manager, Mayor pro tem Slater and
Councilman Murphy. She also spoke regarding former Chief Robertson and Lieutenant Tunstall.The
City Manager
responded he has not received a request from Ms. Walters to have a meeting,but would be
happy to meet with her and Council to clarify some of these issues. Ms. Walters was told that
such comments were not terrorists threats that could be investigated. Chief Richards is looking
into this issue. The City does not tolerate threats from anyone. Employees have been terminated
and will continue to be disciplined for such comments or threats against anyone. No substantiation
has been found to any complaint that has been brought forward to this date. Mayor pro
tem Slater and Councilman Murphy indicated they would be happy to meet with Ms. Walters.
Mayor Coontz commented
a form is available to file complaints against the Police Department.Barbara DeNiro, (address
on file), spoke regarding a proposal made by Ken Hawkins of Super Sports to OUSD
for an after school sports program at various schools. Will there be a complex with these added
proposed programs? Are we asking school facilities and surrounding neighborhoods to accept
unreasonable interruptions of quality oflife in those areas? Is there a conflict by adding
these new programs at our school facilities? Mayor Coontz responded there needs to be
some communication between the City and OUSD. It is not known if the proposal was just a
presentation or if the OUSD is truly considering those activities.Norm Phillips, 348
Redwood, commented on the Library renovation, former Police Chief Robertson, Lieutenant Ed
Tunstall, and extension of the City Manager's contract.PAGE 18
CITY COUNCIL MINUTES May 12, 1998
10. ORAL PRESENTATIONS (Continued)
Mara Brandman, 7319 Equitation Way, commented she heard that crime is up and on the rise,
i.e. graffiti, gang activity, and school vandalism. She expressed concern that the City Manager's
contract was renewed. Mayor Coontz responded crime reports were addressed by the Police
Chief at the last Council meeting and suggested Ms. Brandman talk to the Acting Police Chief
regarding her concerns.
11. RECESS
URGENT ITEM:
The City Attorney requested the following item be added to the Closed Session:
1) City of Orange vs. KPMG Peat Marwick
MOTION
SECOND
AYES
ABSENT
Spurgeon Mayor
Coontz Murphy, Slater,
Mayor Coontz, Spurgeon Alvarez Moved to
add the
item to Closed Session as the need to take action arose after the posting of the agenda and there is
a need to take immediate action.The City Council recessed
at 6:19 p.m. to a Closed Session for the following purpose(s):a. Conference with Legal
Counsel- anticipated litigation.Significant exposure to litigation
pursuant to Government Code Section 54956.9(b) (two potential cases). Contract with
ORRS b. Conference with Legal
Counsel pursuant to Government Code Section 54956.9 - existing litigation; Kobzoff v. HarboIjucla Medical
Center, California Supreme Court Case No. S066874 Amicus Request San Bernardino Public
Employees Assoc. v.
City of Fontana San Bernardino Superior Court Case No. SCV 36883 - Amicus Request
c. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6: City Negotiator: Personnel Director Steven Pham; Employee Organization:
Orange City Firefighters 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 19
CITY COUNCIL MINUTES May 12, 1998
7:00 P.M. SESSION
12.1 INVOCATION
Angie Atwood, Vice President, Orange Chamber of Commerce
12.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Coontz
12.3 ANNOUNCEMENTS
A presentation was made by Chuck Burwell, President of the Orange Chamber of
Commerce, sharing their new brochure which will help promote the City. Signs will also
be placed at four strategic locations off the 57 Freeway which direct individuals to the
City and to the Visitors Information Bureau at the Chamber. (C2100.0)
John Silverman announced the Gogh Van Orange event will be held on Saturday, May
16th from 11 :00 a.m. to 7 :00 p.m. and Sunday, May 17th from 11 :00 a.m. to 6:00 p.m.
12.4 INTRODUCTIONS - None 12.
5 PROCLAMATIONS - None 12.6
PRESENTATIONS Resolution No.
8927 was presented to Georgia Minklein for 17 years ofloyal and dedicated service.
13.PUBLIC
HEARINGS Tape 3700 13.1
APPEAL NO. 442, CONDITIONAL USE PERMIT, 2195-97, RALPH ZEHNER:The
public hearing on petition by Ralph Zehner to appeal the decision of the Planning Commission
on January 5, 1998 denying Conditional Use Permit 2195-97 which would allow
the construction of a structure in excess of 1 Y'2 stories in Old Towne, required by OMC
17.14.070(y) and Old Towne Design Standards Chapter 5.B.2.b. and Mitigated Negative
Declaration 1540-97 was continued from March 10, 1998, and April 14, 1998 to this
time.The property is located at 630 East Culver Avenue. NOTE: Mitigated Negative
Declaration 1540-97 was prepared to evaluate the environmental impacts of
this project.THE APPELLANT STATES THE FOLLOWING REASONS FOR THE
APPEAL: "PC change of requirements once again. The project was redesigned, meeting all State,
City codes,Old Town Standards. The PC could not be more specific, so I request that this
move on."NOTE: The appellant has requested the public hearing be continued to June
9, 1998.
CITY COUNCIL MINUTES May 12,1998
13. PUBLIC HEARINGS (Continued)
The Director of Community Development read the appellant's letter into the record: "Mayor
Coontz and Council Members: Upon advisement of legal counsel, we are requesting a delay of
the public hearing on the project at 630 East Culver Avenue until June 9, 1998. This request is to
ensure that the full Council is in attendance due to the Mayl2, 1998 vacation of Councilman
Alvarez. We thank you for your time and effort in this manner. Ralph and Linda Zehner."
MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved
to continue to
June 9, 1998.13.2 MILLS ACT
PROGRAM:The public hearing to
consider the adoption of the Mills Act, which is a program that will authorize the City to
enter into future Historic Property Preservation Agreements with individual property owners was continued
from April 28, 1998 to this time. All such agreements will be on a voluntary basis,
initiated by request of a property owner. By adopting the Mills Act, the City will be able
to assist property owners in obtaining tax relief, in exchange for their guarantee to preserve historic properties.
This action is categorically exempt from the provisions of the California Environmental Quality Act (
CEQA) pursuant to Section 15308 of the State CEQA Guidelines.NOTE: Mayor pro
tem
Slater announced he is regretful, but in accordance with State law, he has to abstain from any
discussion or from voting on this item, and stepped down from the dais.The Director of Community
Development reported the Mills Act is a piece of State legislation adopted by the legislature
in 1976 as a tax incentive for historic preservation. The Act allows voluntary agreements between a
local jurisdiction and owners of historic property. The agreements offer a property
tax reduction using an established formula which is a part of the Mills Act. The City
has no ability to change that formula; it is set within the agreement. The public benefit obtained includes
preservation of historic structures and neighborhoods, and improvements of the historic
resources within the City, consistent with the Old Towne Design Guidelines. The property tax
savings can be substantial depending upon the individual circumstances.If adopted, the
agreements
last for a minimum of 10 years. At each anniversary, the agreement is automatically extended one year
unless a Notice of Non-Renewal is filed. These contracts are commonly known as
evergreen contracts. The tax savings for the individual equals a tax loss for government agencies. The
annual property tax loss to the City, depending upon the number of contracts entered into,
would range between $7,000 - $21,000 a year. It is unknown how many agreements would be requested.
There are approximately 800-900 eligible historic properties within the City.
It is estimated that approximately 10% of the eligible properties would request to take advantage
of the program. To contain the tax loss, some cities have limited the number of agreements to exist
within their jurisdiction. The agreements address what is required of the PAGE 21
CITY COUNCIL MINUTES May 12, 1998
13. PUBLIC HEARINGS (Continued)
owner to improve the historic property. With the initial application request, the owner is to
include a list of property owner improvements along with their estimated costs and approximate
times in which they would be completed. The agreement includes a requirement for a five year
review to insure progress and to update the improvement list. The improvement list with the
initial application would be intended for an approximate 10 year period of time. As the
agreements can be extended for longer periods of time, they need to be updated to make certain
that there is a public benefit being created in their extension. If this program is adopted, each
agreement will require Council action. Annual status reports will be provided by the owner. The
fee with the initial application is estimated to be $450, with an annual inspection fee of
approximately $35. The fees would cover the basic staff cost to administer the program. It is
voluntary for the City to enter in the Mills Act program. The local jurisdiction is responsible for
administering the program.
COUNCIL COMMENTS
MA YOR COONTZ
Mayor Coontz asked what affect the tax would have on the Orange Unified School District
ODSD)? Will OUSD know they will experience a tax reduction? The Director of Community
Development responded the tax loss to OUSD would be more substantial than to the City. At
this point, they are not aware of the program.
Concern was expressed that a property owner may commit to the program but not achieve the list
of improvements. The Director of Community Development explained every five years the City
would review the contract to insure the items on the list are being completed. Items could be
added as needed to make sure it is consistent with being extended the additional period of time.
If an individual did not complete the work which should have been done in the initial five years,
the City could file a Notice of Non-Renewal and end the contract. If during the five year
period of time, the property owner let the property deteriorate so that a nuisance existed and was
not consistent with Old Towne Design Standards, or the basic maintenance standards included,
they could be found in breach of the contract. After a public hearing, the contract could
be
terminated.Mayor Coontz said that criteria should be established for basic structural categories., i.e.
roof,foundation, electrical wiring, termites, etc. The Director of Community Development
responded a priority list of types of systems within the structure that would be given priority
consideration could be included in the procedures portion of the
program.Concern was expressed that the property owner carry insurance coverage. The City
Attorney indicated it is recommended the City not require insurance naming the City as an
additional insured or indemnity language, agreeing the homeowner should be required to
carry homeowner's insurance. He noted that once the City enters into these contracts, any attempt
by the City to terminate the contract could result in litigation. The Director of
Community Development indicated he has not heard that litigation has been a problem in other
cities.PAGE
CITY COUNCIL MINUTES May 12, 1998
13. PUBLIC HEARINGS (Continued)
COUNCILMAN MURPHY
Councilman Murphy asked what discretion the Council would have on each individual request?
Why shouldn't business properties be included in the program, as well as the residential and
office professional? Does the Act preclude business properties? Would the owner of a
residential rental property have the benefit ofthe tax break also?
The Director of Community Development explained Council would review the list of
improvements and certify they create a public benefit. The program is aimed principally at
single-family residentially occupied structures. There are other tax incentive tools available
to commercial or non-residential uses, and apartment residential properties. The Mills Act
does not exclude any group of property owners; it was structured this way to limit the number
of contracts which might be entered into. Property that is single-family residentially
occupied, either owner or tenant, would qualify
for the
program.COUNCILMAN SPURGEON Councilman Spurgeon expressed concern with the amount of agreements
that would need Council approval. The Director of Community Development said
the proposed agreements would likely be listed on the agenda under Administrative Reports or on
the Consent Calendar.There is no requirement that there be a
noticed public hearing.Concern was expressed with the amount of administrative involvement that may
be needed for the program. He felt the program may be more popular in the City of
Orange, with the demographics of Old Towne and the interest and activity ofthe people involved.
The Director of Community Development responded the administration of the program
would be handled through the Planning Division of the Community Development Department. It
is difficult to estimate the burden it might place on existing staff, as it is unknown how
many applications will need to be processed and in what
period of time.The Director of Community Development confirmed to Councilman Spurgeon that
he could not benefit from the Mills Act Program. Within the program, use is
allowed Citywide for individually designated historic structures listed on the National Register of
Historic Places, the California Register of Historic Resources, the California Register of Historic
Landmarks, or the City of Orange Historic Register. Councilman Spurgeon indicated his home is listed
only on the Aegis Report. The City Attorney added the key issue was whether
Councilman Spurgeon's property could benefit from the program. Since the answer is no, there would not
be a conflict.MAYOR COONTZ OPENED
THE PUBLIC HEARING.Barbara DeNiro, (address on file), thanked Mayor pro tem Slater for
stepping down. The program seems like preferential perks for friends or favoritism to a certain area of
the City. Who approves the application or upholds the criteria of the applicants and the
procedures? Does the tax break apply to rentals or owner occupied properties? Concern was expressed
for revenue loss to the schools. The Director of Community Development responded the program
is aimed at single-family occupied structures, regardless of what
zone they
CITY COUNCIL MINUTES May 12,1998
13. PUBLIC HEARINGS (Continued)
Carole Walters, (address on file), asked if individuals on the historic listing now can get a tax
break without this program being approved? Everyone should be able to get a tax break.
Concern was expressed for the impact on OUSD. More study needs to be done.
SPEAKING IN FAVOR:
Fred Gillett, 205 E. Palmyra, looks forward to benefit of receiving tax monies back. Restoring
homes to historic quality is expensive. He thanked Council for their reconsideration of the
insurance concern. The tax revenue loss to the City is not greatly significant, as the revenue will
come back to the City through fees paid. He recommended there not be a restriction on the
number of participants.
Joan Crawford, 394 S. Orange, asked Council to support the implementation of the Mills Act,
which will allow her and her neighbors to recoup a portion of the funds they have spent on
renovating and updating their historic homes. The Mills Act will greatly improve the
understanding and the implementation of the Old Towne Design Standards, and is good for
Orange and its historic resources. Any tax loss revenue is insignificant. Ms. Crawford requested
Council: 1) approve the Mills Act without limiting the number of participants; 2) give
consideration to those who have already completed major work and for those to do the work
themselves; 3) the indemnity of the City clause include an additional insured or a Hold Harmless
Agreement; and 4) consideration be given to a more realistic fee than $450. She doesn't
anticipate broken contracts or litigation being a serious problem, and thanked staff for their help
and cooperation in bringing the program to the Council.
Mary Evans, 221 N. Pine Street, spoke in support of the program. She read from information
received from Sacramento regarding the Mills Act, noting benefits of the Mills Act.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
COUNCIL COMMENTS
Councilman Murphy asked if past work would be given consideration prior to an application
being approved? It is his understanding that all applications will be for work not yet
accomplished. It was suggested that the program be based on work yet to be accomplished. The
Director of Community Development responded the City Attorney would need to get involved in
this question.
Concern was expressed relative to the issue of what historic buildings or resources in the City
would be eligible for the program and what the ramifications are. What would the issues be if
everyone had the same eligibility? He expressed discomfort that someone with an historic
building that has to spend a lot of money to keep it restored would not be eligible.
Discussion ensued and concern was expressed relative to commercial and office professional
properties not being eligible unless they are occupied as a residential structure. The Director of
Community Development explained that decision was based on an understanding that there were
PAGE 24
CITY COUNCIL MINUTES May 12, 1998
13. PUBLIC HEARINGS (Continued)
other tax incentives available to the other types of uses. Further information was requested on
what tax incentives are available to the other types of uses? Further concern was expressed that
the fee must cover the cost of administrating the program, noting that if additional costs are
incurred to the City, they should be paid for by the applicant and not by the taxpayers at large.
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Mayor Coontz, Spurgeon ABSENT - Slater, Alvarez
Moved to continue to
July 28, 1998. Staff to address the following: 1) that the program be reviewed either upon receiving
ten applications being approved or one year, whichever comes first; 2) the improvements
be basic structural activities, i.e. foundation, roof, painting, termites,etc. and not peripheral
improvements like landscaping and hardscape; 3) there be a requirement of homeowners insurance; 4)
the fee schedule and a process map with discretionary items when the first application comes
in; 5) what the whole process will entail; 6) an incentive program and what other incentive programs
exist now; 7) a more definitive role on man hours required and how labor intensive the
program will be for staff; and 8) any other questions and suggestions that the members of the
City Council have made or expressed concern about.Mayor pro tem Slater
returned to the dais and requested the following MINUTE ORDER as to why he could not participate: "
I own and live in a home that would be conceivably eligible for this program as well as
five other homes that could possibly be eligible as well. That is why I could not participate".14. PLANNING
AND ENVIRONMENT -
None 15. ORAL PRESENTATIONS Barbara DeNiro, (
address on file),
expressed disappointment with the Chamber's new brochure.Carole Walters, (address on file),
expressed concern with re-zoning of neighborhoods.Councilman Spurgeon requested an
update on the Taft property that is supposed to be an assisted care facility. Bob Mickelson
may be able to provide the information.16. ADJOURNMENT MOTION - Mayor
Coontz SECOND -
Spurgeon AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez The City Council adjourned at 8:30
p.m.dTH~CITY CLERK J COONTZ IA.YOR
PAGE
25