03-22-1994 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 22, 1994
The City Council of the City of Orange, California convened on March 22, 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
March 8, 1994.MOTION - Coontz
SECOND - Spurgeon AYES -
Spurgeon, Barrera, Coontz,
Murphy ABSENT - Mayor Beyer ACTION: Approved.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/
INTRODUCTIONS - None
1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR
TAPE 67 2.1 Declaration
of City Clerk Marilyn J.
Jensen declaring posting of City Council agenda of a regular meeting of March 22, 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.2.3 Request Council
authorize receipt
and allocation
of $39,972.00 in California State Library Public Library funds and allocate $39,972.00
to Fund 200-2001-443102 to purchase library materials. (C2500.I)PAGE 1
CITY COUNCIL MINUTES March 22, 1994
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: This award of $39,972.00 will augment the library's budget to
purchase library materials.
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.4 Request Council authorize the award of Bid Number 934-20 for
Redevelopment Landscape Improvements, to Accurate Landscape and Maintenance Corporation,
Orange,CA in the amount of$II,996.00 and reject all other bids. (A2100.0.Agr
2201)FISCAL IMPACT: There are sufficient funds in the Northwest and
Southwest Redevelopment project funds for this
project.Councilwoman Coontz expressed concern regarding the high amount of the bid because
of no landscaping along the periphery of the building. There is nothing to protect
the landscaping in the planter areas under the windows. This area is heavily used during
the Street Fair and the plants die as a
result.The Director of Community Development reported the planter areas do not have
an irrigation system. This design is part of the bid and is costly. It was noted the
landscape contractor will be made aware of the planter
problems.MOTION - Coontz
SECOND - Spurgeon AYES -
Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor
Beyer ACTION: Moved to
authorized Mayor and City Clerk to execute on behalf of the City.REMOVED AND HEARD
SEP ARATEL Y)2.5 Request
for 'No Parking Anytime' restrictions in front of the Orange Senior Center at 170 S. Center St. (
S4000.S.3.1.1)FISCAL IMPACT: Funding
for this type of work is provided in the department's normal operating budget through #
250 Traffic Safety funds.Councilman Spurgeon requested
clarification on this issue. The Traffic Engineer explained the request
was from Orange Elderly Services. After reviewing this situation, it was recommended the
White Passenger Loading Zone was appropriate. However, there will be additional
signage and pavement markings. Also, the Police representative was present at the
Traffic Commission meeting and was made aware of the enforcement issue.Council suggested adding
the numbers of the code section to the vertical signs that indicate the violation.
Staff was directed to return to Council within six months with an informal report (not
agendize).PAGE 2
CITY COUNCIL MINUTES March 22, 1994
2. CONSENT CALENDAR (Continued)
MOTION - Spurgeon SECOND -
Murphy AYES - Spurgeon,
Barrera, Coontz, Murphy ABSENT - Mayor Beyer
ACTION: Moved to deny
the request, but approve the installation of a 'Passenger Loading' zone signs to
further enhance the existing loading zone (white curb), and to include the code section
on the signs.2.6 CLAIM FOR
DAMAGES FROM: (C3200.0)Malcolm G. Miller, M.
D.FISCAL IMPACT: None.ACTION:
Denied claim and
referred to City Attorney and Adjuster.2.7 Request Council
approve the appropriation of $65,250.00 from Unappropriated Reserves for the purchase of
various equipment to assist in the billing of Water and Sanitation Accounts. (C2500.J.l)
FISCAL IMPACT: $65,250.
00 to be taken from Unappropriated Reserve, split between the Water (600) and
the Sanitation (220) funds.ACTION: Approved.2.8
Request to
transfer funds in the amount of$2,194.51 from the Police trailer project to the Building Maintenance Account (210-
7028-427100) for minor remodeling of City Attorney's
office area. (C2500.E)FISCAL IMPACT:
None.ACTION: Approved.
2.9
Request from the Orange Community Historical Society to move the Florence Flippen Smiley Memorial
Archives from the basement of the Main Library to the Ainsworth House. (C2500.
I)FISCALIMPACT:
None.ACTION: Referred
to Staff for report back to the Council.MOTION - Murphy
SECOND - Spurgeon AYES -
Spurgeon, Barrera, Coontz,
Murphy ABSENT - Mayor Beyer PAGE 3
CITY COUNCIL MINUTES March 22, 1994
2. CONSENT CALENDAR (Continued)
Items 2.4 and 2.5 were removed and heard separately; all remaining items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
3. REPORTS FROM MAYOR BEYER
3.1 Status Report from Mayor Beyer on EI Toro Marine Base reuse.
Mayor pro tern Barrera indicated there would be no report this week.
4.REPORTS FROM COUNCILMEMBERS TAPE 260
LEADERSHIP ORANGE TREE PROJECT
Councilwoman Coontz reported she had received calls regarding requests from Leadership
Orange asking people to participate in the funding of additional parkway trees for a project.
Supervisor Steiner has given Leadership Orange $90,000 for this project. The people were asking
why was the full rate for the trees being charged? The trees are a minor part of the total cost.
The City staff will indicate exactly where the trees are to be placed in the parkway, and the
Leadership Orange members will be planting the trees.
The source of the funds given by Supervisor Steiner comes from taxation and developer fees for
parks. It seems incongruous for the City to accept the funds, accept volunteers, and still charge
95.00.
The City Manager was instructed to return to Council with a report on the pros and cons of this
situation.
CLOSURE OF ADAMS STREET
Councilman Murphy reported he had received phone calls regarding the recent Council decision
to partially close Adams Street. Although the closure was for a six month evaluation period, it
was requested this be referred back to the City Manager and staff to return to Council sooner,
particularly if all the pertinent information is available.
The City Manager was instructed to work with staff to return to Council with a report for the
Agenda, as soon as possible.
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None PAGE
4
CITY COUNCIL MINUTES March 22, 1994
6.ADMINISTRATIVE REPORTS TAPE 392
6.1 Report from Community Development on Unreinforced Masonry Building Phase n
Seismic Retrofit Finance Program operating details. (Continued from 1-11 and
2-22-94.)
C2500.G.4)The Director of Community Development reported the issue has been discussed
with an Advisory Group consisting of the following members: Steve Smith, Leason
Pomeroy, Jim Carter representing the Women's Assistance League, Bob Breskin and Lynne Pierson Doty.
The areas of concern discussed were the following: 1) The consistency of the preparation of
the engineer's cost estimates. 2)
Funding dispersal alternatives.The Advisory Group
recommended the following:One cost estimator review all plans prepared and prepare a cost estimate for
each building based
on common criteria.Provide an opportunity for the building owners to address the cost
estimator directly, however the cost estimator is to remain the final authority. This effort will take approximately
60 to 90 days. No funds can be dispensed for the Phase II Program until all cost
estimates are accepted
and fully resolved.Add an alternative for the property owners that do not want a deed of
trust, providing the property owner with a promissory note that funds are available and payable at
the
completion of construction.Establish a contingency fund of$IOO,OOO for unanticipated items. Included would
be the cost estimator consultant, not to
exceed $30,000.The program is projected to begin either August or September, 1994, and
will last for
approximately three years.Mike Alvarez, 360 S. Glassell, representing 40 property owners, gave
the following suggestions:I) Gifting of public funds to property owners - there is a risk factor that a property
owner may file a lawsuit indicating they are not being treated properly, which could stop the
program. 2)Contingency clause - how will the money.get dispersed? It was suggested a trust fund
be developed in the name of each property owner. 3) Will the Davis-Bacon rules apply
when the contractors are hired in terms of the
prevailing wage?The Director of Community Development responded the prevailing wage issue will
be considered after the cost estimates are received
and reviewed.The City Manager reported even though the public funds were to change to private funds, it
is still considered public funds. The intent is to write a separate agreement with each property
owner. If there is a challenge, everyone would have to be challenged and not
the program.Councilwoman Coontz commented that all the property managers/owners, lessors and
lessees be aware of the program. The public information portion has been stressed from
the beginning.Since there are not that many property owners and lessees, the information needs to get
to them.
CITY COUNCIL MINUTES March 22, 1994
6. ADMINISTRATIVE REPORTS (Continued)
MOTION
SECOND
AYES
ABSENT
Coontz Murphy
Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
Moved to approve
the following:1. Approved Phase
II Seismic Retrofit Finance Program operating details.2. Authorized establishing
a contingency fund of$100,000.00. (Funds to come from the adopted 1,775,000.
00 budget.)3. Authorized hiring
a construction cost estimater for the purpose of providing cost estimates for all buildings based
on consistent criteria. Consultant cost not to exceed $30,000.00.4. Adopted Resolution
No. 8311 approving Phase II Program.RESOLUTION NO. 8311
A Resolution of
the City Council of the City of Orange restating a policy regarding eligibility for participation in the
Seismic Retrofit Finance Program and establishing the Phase II Unreinforced Masonry Incentive Program.
That Resolution No.
8311 as introduced be adopted and same was passed and adopted by the preceding vote.7.
REPORTS FROM
CITY MANAGER - None 8.LEGAL AFFAIRS TAPE
950 8.1 RESOLUTION NO.
8320 A Resolution of the
City Council of the City of Orange supporting the enactment of State legislation authorizing General Law
cities to enact term limits. (C2300.A)Discussion: The City Attorney
indicated Senator Kopp's bill, SB 2, is in the legislature at this time. SB 2 would
allow General Law cities to set term limits based on a majority vote of the people
at a regular election.Councilwoman Coontz commented, the
Council has consistently, over a period of time, had a number of appointees to
the Council. So, does the bell ring with the appointment or does the bell ring with the actual
election? This is something that should be considered.MINUTE ORDER - COUNCILMAN SPURGEON: "
Madam Clerk, will you make sure this Resolution will go to the
Legislature and our local representatives, and also to the League of Cities?"PAGE 6
CITY COUNCIL MINUTES March 22, 1994
8. LEGAL AFFAffiS (Continued)
MOTION
SECOND
AYES
ABSENT
Spurgeon Murphy
Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
That Resolution No.
8320 as introduced be adopted and same was passed and adopted by the preceding vote.The
City Clerk
was instructed to transmit Resolution 8320 to the State Legislature's local representatives and the
League of Cities.8.2 ORDINANCE
NO. 3-94 An Ordinance
of the City Council of the City of Orange amending Chapter 15.36 of the Orange Municipal Code
relating to fire retardant roof covering requirements. (A2500.0)MOTION SECOND
AYES
ABSENT
Coontz
Spurgeon
Spurgeon, Barrera,
Coontz, Murphy
Mayor Beyer That Ordinance No.
3-94 have
second reading waived and be adopted and same was passed and adopted by the preceding vote.
9. RECESS TO THE MEETING
OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Carole Walters,
534 N. Shaffer,
commented she had been in contact with a citizen who had installed a garbage disposal and
obtained a permit. However, no representative from the City ever came out to check the
installation. If the City is going to charge for the permit they should have someone check the work.The
City Manager indicated the
sooner we know about these problems, the sooner we can respond.Carole further remarked about
a
newspaper article, dated October 3, 1993 depicting Tita Smith and her family with a
picture and article using the term Old Orange. This is wrong telling people Old Towne is being changed
to Old Orange.11. RECESS MOTION SECOND AYES
ABSENT Murphy
Coontz
Spurgeon,
Barrera,
Coontz,
Murphy Mayor
Beyer PAGE
7
CITY COUNCIL MINUTES March 22, 1994
11. RECESS (Continued)
The City Council recessed at 3: 50 P.M. to a Closed Session for the folio wing purposes:
a. To confer with its attorney regarding pending litigation pursuant to Government Code Section
54956.9(a), to wit:
Lomeli & Partida vs. City of Orange, Orange County Municipal Court, Central District, Case
No. 279436.
City of Orange vs. Steen Ronlov, et aI., U. S. District Court Case No. CV-92-
7627 RJK.Items b through
fwere deleted.NOTE: Due to an expected lack of quorum, there was no 7:00 P.
M. Session.
12.
ADJOURNMENT
MOTION
SECOND
AYES ABSENT
Murphy Spurgeon
Spurgeon, Barrera, Coontz, Murphy Mayor
Beyer The Cty
Council adjourned at 4: 12 P.M.M~M/~~
MARILYN 1.
NS:E.lS0CITYCLERK
GENE BEYER
GENE BEYER
MAYOR BY:
c9~
X:~~r FRED L.
BARRERA MAYOR PRO
TEM PAGE 8