01-11-1994 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
January 11, 1994
The City Council of the City of Orange, California convened on January 11, 1994 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 -Spurgeon, Barrera Coontz, Murphy
ABSENT - Mayor Beyer 1.
3 APPROVAL OF MINUTES Regular
Meeting December 14, 1993,MOTION -
Spurgeon SECOND - Coontz
AYES - Spurgeon, Barrera,
Coontz, Murphy ABSENT - Mayor Beyer ACTION:
Approved,Adjourned Regular Meeting
December 15,
1993,MOTION - Coontz SECOND - Murphy AYES -
Spurgeon, Barrera, Coontz,
Murphy ABSENT - Mayor
Beyer ACTION: Approved,Regular Meeting December
21, 1993,MOTION - Spurgeon
SECOND - Murphy
AYES - Spurgeon, Barrera, Coontz, Murphy
ABSENT - Mayor Beyer
ACTION: Approved,1.
4 PRESENTA TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Judy
Sollee, President of the
Orange International
StreetFair, Nick D'Amico and
Carroll Johnson, Board members, presented a check, in the amount of$55,544.33
to the City of Orange for City services to the Street Fair, 1993.PAGE 1
CITY COUNCIL MINUTES January 11, 1994
1.5 PROCLAMATIONS - None 2.
CONSENT CALENDAR TAPE 290 2.
1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular
meeting ofJanuary 11, 1994, 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,REMOVED
AND HEARD SEPARATELY)2.
3 Request Council approve Tract Map No, 14756 and accept the dedication of Pearl Street.Northeast
corner of McPherson Road and Pearl Street. (T4000,O)FISCAL
IMPACT: None,MOTION -
Spurgeon SECOND - Murphy
AYES - Spurgeon, Barrera,
Coontz, Murphy ABSENT - Mayor Beyer ACTION:
Approved.2.4 Authorize
the Fire
Department's participation in a Federal Emergency Management Agency (FEMA) urban search and
rescue program, (C2500.E,6.1)FISCAL IMPACT: There are sufficient
funds in Account #100-3021-429400 to accommodate any training
requirements.ACTION: Approved.2,
5 Request
authorization to approve payments under Phase I of the Seismic Engineering Report Purchase Program
to participants, (C2500,G.4)FISCAL IMPACT: Funds
in the amount of$73,513.00 to cover payments to approved participants are allocated
and available in Account #928-9815-465802-9153
Rehabilitation Grants - Seismic Loan Program),ACTION:
Approved,PAGE
2
CITY COUNCIL MINUTES January 11, 1994
2. CONSENT CALENDAR (Continued)
2,6 Request Council award a contract in the amount of$43,338.10 to Sully Miller Contracting
Company, for street improvements on Culver Avenue from Lemon Street to Glassell
Street. (A2100,O.Agr.2180)
FISCAL IMPACT: $43,338.10 is budgeted in Community Development Block Grant
funds for this project,
ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City,
REMOVED AND HEARD SEP ARATEL Y)
2.7 Approve C.M,S.!. contract amendment to reduce cost, in compliance with City budget.
A2100,O.Agr.978,B.3)
FISCAL IMPACT: Savings of$100,000,OO,
The Assistant City Manager reviewed the methodology of how the reduction of costs is
being accomplished,
MOTION - Murphy SECOND -
Coontz AYES - Spurgeon,
Barrera, Coontz, Murphy ABSENT - Mayor Beyer
ACTION: Authorized Mayor and
City Clerk to execute on behalf of the City,REMOVED AND HEARD SEP
ARATEL Y)2.8 Request to
re-activate OCTA's bus routes 53, 59 and 69 operations to include a stop at the intersection of
Glassell St. at Almond Ave. (southwest and northeast corners),S4000.S,3,
1.4)FISCAL IMPACT: None,
Councilwoman Coontz distributed
a letter to Councilmembers from OCT A indicating they had received the
petition sent by Councilwoman Coontz regarding the change in Bus Route #54 and
the deletion of stops at A1mondlGlassell,The Traffic Engineer
reported a meeting was held with representatives of the Senior Citizens Center and
OCTA. It was recommended the stops at the northeast and southwest corners of the
intersection at Glassell and Almond be reinstituted, These stops will not be layover areas for
the buses, According to OCT A, the stops may be reinstituted within 48 hours. Also, at
the February meeting of the Traffic Commission a proposal will be presented to introduce
two new bus stops on Chapman (Route 54), either on Lemon Street or Olive
Street.PAGE 3
CITY COUNCIL MINUTES January 11, 1994
2. CONSENT CALENDAR (Continued)
The following people spoke:
Carole Walters, 534 N. Shaffer
Mary Henderson, 301 S. Glassell
Helen Westerdahl, 2117 June PI., Anaheim
Mary Laweir, 176 S, Lemon St.
Comments were made relative to Bus Route 54 being changed to Chapman Avenue rather
than Almond which is closer to the Senior Citizens Center, Seniors have a difficult, long
walk to the center. This change has affected other people as well. It was suggested these
routes also be reinstated.
MOTION - Coontz SECOND -
Spurgeon AYES - Spurgeon,
Barrera, Coontz, Murphy ABSENT - Mayor Beyer
ACTION: Moved to approve
the request to reinstate all Bus Routes 53,59 and 69,2,9 Request Council
approve Tract Map No. 14856 and accept street dedications as offered,South of Via Escola
between Meats Avenue and Loma Street. (R4000,O)FISCAL IMPACT: None.ACTION:
Approved,2,}o
CLAIMS FOR
DAMAGES FROM: (C3200.0)1, Bryan Carlson 2,
Linda Denmark 3,
Andy Abraham FISCAL
IMPACT: None,ACTION:
Denied claims and
referred to City Attorney and Adjuster.MOTION - Spurgeon SECOND - Murphy
AYES - Spurgeon, Barrera,
Coontz, Murphy ABSENT -
Mayor Beyer Items 2,3, 2.
7 and 2.8
were removed and heard separately, All other items on the Consent Calendar were approved as recommended.END OF CONSENT
CALENDAR PAGE 4
CITY COUNCIL MINUTES January 11, 1994
3.REPORTS FROM MAYOR BEYER TAPE 1000
The City Manager read a letter from Mayor Beyer which indicated the pain he is experiencing in
his shoulder would prevent him from participating in the Council meeting today. However,
Mayor Beyer's doctor has given his approval for him to attend the January 18, 1994 Council
meeting,
3.1 Status report from Mayor Beyer on El Toro Marine Base reuse.
The City Manager announced he had attended a joint power agency meeting last Wednesday. The
group included approximately eight cities, called the County Airport Guidance Committee, a type
of watchdog committee. They hope to be a political force to influence whatever type of
organization is adopted by the Board of Supervisors regarding the EI Toro problems, A
resolution will be sent to Council, with a joint powers outline, for consideration.
The City Manager indicated he will submit a written report to Council on this issue.
C2500.D.l)
4. REPORTS FROM COUNCILMEMBERS
NON-AGEND ITEM - RESOURCE CENTER
Councilwoman Coontz requested a legal analysis immediately on the new state law, SB 733
regarding the Resource Center.
The City Attorney commented the new legislation does not clearly define to whom it applies, and
another problem is the term, "employment services" is not defined. Also, there is a question of
how it will fit with federal law. A report will be provided to Council with further legal analysis
and recommendations.
The Director of the Library/Community Services reported they are researching the non-
profit status. Federal and State grants have been researched and the prospects are not good, the
money is not there for this type of program. The annual budget for the Resource Center is $95,
000.Police Chief Robertson commented if the Resource Center closes the laborers will be back out
on the
street.Bob Bennyhoff, 10642 Morada Dr" commented the residents and business owners of
East Orange area will take a dim view of closing the resource center at this
time,The City Manager will review the issue and report back to Council at the next Council
meeting.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
PAGE 5
CITY COUNCIL MINUTES January 11, 1994
6.ADMINISTRATIVE REPORTS TAPE 1357
6.1 Approve the Phase II Financial Incentive Program for participants in the Unreinforced
Masonry Program and approve Amendment to Ordinance 7-92 for inclusion
of Administrative applicable dates. (C2500.G.
4)FISCAL IMPACT: This recommendation has no impact on the budget. Funds in the amount
of 1,775,000.00 have been allocated and are available under Account #
928-9818-465802-9153 Rehabilitation
Grants - Seismic Loans).The Director of Community Development reported Phase I is nearly complete.
Initially it was projected to cost approximately $400,000 and is costing approximately $225,
000. The remainder of the funds will go into the next phase to support construction of the
seismic improvements to the buildings, Each buildings owner now has a plan and cost estimate
for seismic improvements.Phase II attempts to fairly placethe remaining $1,775,000 in the hands of the
building owners in support of public safety. During the past year, meetings were held
with downtown property owners to discuss alternative ways to distribute the funds
into the community.It is suggested the provisions of the seismic retrofit would be mandatory, they would need
to be in place seven years from now. This is being proposed in anticipation of the
State legislature, which has not been adopted at this time, but is just a
matter of time,Councilwoman Coontz commented Council adopted a policy statement that the $
2,000,000 funding be preserved for this commitment. Also, communication was
emphasized from the beginning - that every property owner involved knew what was
taking place.Cherene Sandidge, Real Estate Development Officer, described the Financial
Incentive Program,and commented Bank of America was contacted, A review of their loan
products produced several financing sources for property owners. The $18,000 performance grant funds
can be utilized to defer the costs associated with securing the Bank of America loan,
The performance grants are funds given up front with a lien filed on the property to ensure completion
of work.Once work is completed, the secured interest in the property will be
released, The Redevelopment Agency will offer a limited number ofloans to assist in further
deferring costs,It was recommended the insertion of administrative compliance dates. These
dates were originally omitted from the ordinance until a financial incentive program
was created.Ms. Sandidge was asked by Council if bids were taken from other banking
institutions? She responded several local institutions were contacted but the economy at the beginning
of the program was not good and the lenders were unable to assist in the program, However,
we would be willing to talk to any institution that could meet
the goals.
CITY COUNCIL MINUTES January 11, 1994
6. ADMINISTRATIVE REPORTS (Continued)
Council further asked in the event the property owners do not want to participate in the three
programs, can they participate in the Open program sponsored by the Orange Redevelopment
Agency? Ms. Sandidge commented to make it a fair parity. the maximum amount would have to
be dropped from $20,000 to $18,000.
The following people spoke:
Marilla Hamor, 839 S, Oakwood, commented on the need to retain businesses in Orange.
Scott Mather, Development Director for St. Vincent De Paul, 180 S, Cypress, expressed shock
that their costs to retrofit the Food Distribution Center at 426 E. Almond will be $380,000. The
County has a clearing house representing several banks and offer their assistance for the projects,
Also, the State has retrofit money available at low interest rates,
David Hart, 1249 E, Palm, voiced concern that the grant of$18,000 is not retroactive. The
Assistance League, without this knowledge, held fundraisers to raise funds, and the grant being
offered now is not fair.
Mike Alvarez, 360 S, Glassell, commented this past year the engineering program was a priority
and financing was not discussed. There has been no communication from the Redevelopment
Agency until November which was not enough time to research the information. It was suggested
that this issue be sent back to staff and the lines of communication be opened. The property
owners are ready to meet with Redevelopment and to bring in a consultant for advice.
Brent Hunter, Chamber of Commerce, 80 Plaza Square, requested a continuance in order to have
the groups get their questions answered. The Chamber is aware there are other banks interested
in participating,
Leason Pomeroy, 11222 Vista del Lago, Santa Ana, commented a meeting should be held with
the property owners to decide how to best use the money.
Shannon Tucker, 556 E, Culver, representing the Board of Directors, Old Towne Preservation
Association was concerned with the lack of creativity of the financial package and communication
breakdowns,
Les Snyder, 122 N, Glassell, complimented Council on Phase I.
Mark Hurwitz, 100 W, Chapman, remarked the financial package does not work and is fearful
people will leave the City,
Kevin Riley, 22106 Del Riva St. ,Woodland Hills, commented the program is to save people's
lives in the event of an earthquake,
Carole Walters, 534 N. Shaffer, remarked this is a burden for the property owners and careful
communication is needed,
PAGE 7
CITY COUNCIL MINUTES January 11, 1994
6. ADMINISTRATIVE REPORTS (Continued)
Council discussion ensued relative to creating a master plan for the entire area, and resurrecting
the parking structure that had been planned a few years ago. Also, the Marks act which could be
discussed,
MOTION
SECOND
AYES
ABSENT
Coontz Spurgeon
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer Moved
to instruct the
City Manager and the Director of Community Development to work out the following programs: 1)
an updated financing package, 2.) provide better communication with the property owners
and other interested parties, 3) questions asked today be answered, 4)include a return to
Council with a report on these items and success regarding the financing package within 30 days,
and 5) ongoing effort to address the master plan for the Old Towne historic area. Additionally, staff
to answer questions on long term vs short term financing, grants including retroactively), and a
legal opinion of the Assistance League's problem with the grant.7. REPORTS FROM CITY
MANAGER 7.1 Report from
the City Manager regarding the Contract Fire Services in Orange County History and Analysis. (Continued
from 12-14 and 12-21-93.) (C2500.H)MOTION SECOND
AYES
ABSENT
Spurgeon
Murphy
Spurgeon, Barrera,
Coontz, Murphy
Mayor Beyer Moved to continue
this item to
January 18, 1994 at Mayor Beyer's request.8.LEGAL AFFAffiS TAPE 3466 8,
1 RESOLUTION NO. 8274 A
Resolution of the City Council
of the City of Orange amending Police Management Association Resolution No. 7498 to eliminate the
classification of Police Records Manager at Salary Range 474, $3793 to $4863, and furthermoreamendingResolutionNo. 7497 of the City of Orange Police Association to add the classificationofPoliceRecordsSupervisoratsalaryrange434,3107 to $3984. (Continued from 12-
14 and 12-21-93,) (C2500,1.4.2,1)MOTION SECOND AYES
ABSENT
Spurgeon
Coontz
Spurgeon,
Barrera, Coontz,
Murphy Mayor
Beyer PAGE 8
CITY COUNCIL MINUTES January 11, 1994
8. LEGAL AFFAIRS (Continued)
That Resolution No, 8274 as introduced be adopted and same was passed and adopted by the
preceding vote,
8,2 RESOLUTION NO, 8287
A Resolution of the City Council of the City of Orange finally accepting the completion of a
certain public work and improvement, namely the installation/modification of traffic signals and
safety lighting for Canyon View Ave, at Handy Creek/Aspen Rd,; and for Santiago Blvd. at Meats
Ave, (Bid #923-19). (A2100.0.Agr.
2092)
MOTION
SECOND
AYES
ABSENT Murphy
Coontz Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
That Resolution No,
8287 as introduced be adopted and same was passed and adopted by the preceding vote,8.
3 RESOLUTION
NO, 8288 A Resolution of
the City Council of the City of Orange authorizing the Orange County Transportation Authority to
use commercial paper to advance the City's fiscal year 1993/94 turn back funds, (OC1300.
D,I)MOTION SECOND AYES
ABSENT
Spurgeon
Murphy
Spurgeon,
Barrera, Coontz,
Murphy Mayor
Beyer That Resolution No, 8288
as introduced be
adopted and same was passed and adopted by the preceding vote.8.4 RESOLUTION NO, 8289
A Resolution
ofthe City Council of
the City of Orange expressing a vote of "no confidence" in Henry Wedaa, the Orange County cities' representative
to the South Coast Air Quality Management District. (OC1300.B.l)MOTION SECOND
AYES ABSENT Murphy Spurgeon Spurgeon,
Barrera,
Coontz,
Murphy
Mayor
Beyer That
Resolution No.
8289 as introduced be adopted
and same was
passed and adopted by the preceding vote,PAGE 9
CITY COUNCIL MINUTES January 11, 1994
8. LEGAL AFFAffiS (Continued)
8,5 RESOLUTION NO, 8290
A Resolution of the City Council of the City of Orange modifYing the recommendation of the
Planning Commission of the City of Orange and granting a Conditional Use Permit to allow
outdoor weddings and other private receptions or events upon property situated at 349 North
Renee Street. (C3300.0)
Conditional Use Permit 2029-
93 Applicants: Burl and Michelle
Gregory
MOTION
SECOND
AYES
ABSENT Coontz
Spurgeon Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
That Resolution No.
8290 as introduced be adopted and same was passed and adopted by the preceding vote.8.
6 ORDINANCE
NO. 1-94 An Ordinance
of the City Council of the City of Orange amending Section 10.34.060of the Orange Municipal
Code regarding prohibited parking of trucks and similar vehicles, (A2500.0)MOTION SECOND
AYES
ABSENT
Coontz
Murphy
Spurgeon, Barrera,
Coontz, Murphy
Mayor Beyer That Ordinance No.
1-94 have
first reading waived and same was set for second reading by the preceding vote,8,7 ORDINANCE
NO. 2-
94 An Ordinance of the
City Council of the City of Orange amending Section 17,06.020 of the Orange Municipal Code and
approving the reclassification of property situated on the southeast corner of Palm Avenue
and Bixby Avenue, (ZI500,O)Pre-Zone Change 1165-
93 Applicants: Linda
and John Graves MOTION SECOND
AYES
ABSENT
Coontz
Spurgeon
Spurgeon, Barrera,
Coontz, Murphy
Mayor Beyer PAGE 10
CITY COUNCIL MINUTES January 11, 1994
8. LEGAL AFFAffiS (Continued)
That Ordinance No. 2-94 have first reading waived and same was set for second reading by
the preceding
vote,9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY 10. ORAL
PRESENTATIONS Vic Iverson thanked the Mayor, Chief of Police and Police Sergeant Anderson for assisting
him with his fight against Thrifty Oil gas station and their request for a liquor
license,Marilla Hamor, 839 S, Oakwood, commented she would like an incentive program for
home businesses that would create
revenue.11.
RECESS The City Council recessed at 5:30 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. Refco Securities, Inc., NASD Arbitration No.
92-03685.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 give instructions to its negotiator in connection with the purchase, sale, exchange
or lease of real property pursuant to Government Code Section
54956,8.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
Closed Session,The City Council adjourned at 6:30 p.m. to a Study Session in the Weimer Room to
review the current year's budget and discuss revenue forecasts for this year'
s budget.Due to an expected lack of quorum, there was no 7:00 P.
M. Session,
CITY COUNCIL MINUTES January 11, 1994
12. ADJOURNMENT
MOTION
SECOND
AYES
ABSENT
Barrera Murphy
Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
The City Council
adjourned at 8:00 P.M. to an Adjourned Regular Meeting, January 16, 1993 in the Weimer Room
to continue the Closed Session on the City Manager interviews,r/Q ~~#?/MARILYN
J. NSEN{
CMV CITY CLERKGENE
BEYER GENE
BEYER MAYOR
BY~~~~MAYOR
PRO
TEM
PAGE 12