07-13-1993 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
JULY 13, 1993
The City Council of the City of Orange, California convened on July 13, 1993 at 3:00 P.M. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
3:00 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - Spurgeon, Mayor Beyer, Coontz, Murphy ABSENT -
Barrera NOTE: Mayor
pro tem Barrera arrived at 3:20 P.M.1.3
APPROVAL OF MINUTES Regular Meeting
June 15, 1993.MOTION - Coontz
SECOND - Murphy AYES -
Spurgeon, Mayor Beyer,
Coontz, Murphy ABSENT - Barrera ACTION: Approved.Adjourned
Regular Meeting June
21, 1993.
MOTION - Coontz SECOND - Murphy AYES - Spurgeon,
Mayor Beyer, Coontz,
Murphy ABSENT - Barrera
ACTION: Approved.Regular Meeting June 22, 1993.
MOTION - Coontz SECOND -
Murphy AYES -
Spurgeon, Barrera, Mayor Beyer, Coontz,
Murphy ACTION: Approved
with corrections.PAGE
1
CITY COUNCIL MINUTES JULY 13, 1993
1.3 APPROVAL OF MINUTES (Continued)
Adjourned Regular Meeting June 28, 1993.
MOTION - Coontz SECOND -
Murphy AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.Adjourned
Regular Meeting
June 29, 1993.MOTION - Coontz SECOND -
Mayor Beyer AYES -
Spurgeon, Barrera, Mayor Beyer,
Coontz, Murphy ACTION: Approved with the addition of
Councilwoman Coontz's introductory comments on the budget public hearing.
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS - None
1.5 PROCLAMA TIONS A Proclamation was
presented honoring Rudy Frank
of Watson's Drug Store.2.CONSENT CALENDAR TAPE 189 2.1
Declaration of City Clerk Marilyn
1. Jensen declaring posting of City Council agenda of a regular meeting of July 13, 1993, at
Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park
Bulletin Board; all of said locations being in the City of Orange and freely accessible
to members of the public at least 72 hours before commencement of said regular meeting.ACTION: Accepted
Declaration of Agenda Posting and
authorized its retention as a public record in the Office of the
City Clerk.2.2 Authorize Mayor and Director of
Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.2.3 Request
Council authorize
the award
ofBid No. 923-22 for landscape maintenance service in Santiago Hills Assessment District #
86-2 to Landscape West, Inc. for the base bid in the amount of $
26,400.00 and to Southern Counties Landscape for the alternate bid in the amount of $79,
576.80 and reject all other bids. (Continued from 6-22-93.)A2100.0.Agr-
2100.I, Agr2100.II)Page 2
CITY COUNOL MINUTES JULY 13, 1993
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Sufficient funds exist in Assessment District Fund 291; no impact on
General Fund.
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.4 Request Council approval to appropriate $1,486.33 from donations for the Friendly Stop
Supervisor's salary beginning June 14, 1993 until Community Development Block Grant
funds are released. (C2500.I)
FISCAL IMPACT: $1,486.33 added to Account No. 310-
6055-426700-1375.Discussion: Councilwoman Coontz gave the following suggestions which
need to be included in the report that is being prepared on
the Friendly Stop:1) Establish a policy on donations and consider whether or not to
require preapproval of
donations by Council.2) Be responsive to the parameters set up by Council, other
agencies and organizations that have financially impacted
the Friendly Stop.3) Council needs to know the direction (Mission Statement) of the Friendly
Stop
at this time.4) Report to include information on the pluses and minuses of retaining
the Friendly Stop as a City project, or letting it go to
a non-profit status.5) Council has authorized the Block Grant funds for 1993/94 budget,
and it is obvious that Council should retain its responsibility to the Friendly Stop as a
program out of the Main Library
for the ensuing year.6) Any program operated under the auspices of both the City
and Orange Unified School District, regardless of whether it is non-profit or a
City sponsored activity should meet certain policy criteria of both the school district and the City. If
the program is to become non-profit,
these considerations need to be discussed.7) Because the mission of the Friendly Stop has
been changed, and has included tutoring,the report should address whether or not the tutoring function
should be continued. If it is to be continued, investigate the administration of
the program through the Orange Unified School District
which has professional teachers as resources.8) Report to include information regarding past
financial proceedings during the life of the Friendly Stop and
past and proposed budgets in detail.9) A letter be sent by the Director
of Community ServiceslLibrary to all organizations involved in the Friendly Stop support. It should indicate the
program is a City of Orange program under the Direction of the Library Director
and the procedures that must be followed for the receipt of gifts, any
correspondence that is mailed, including solicitations,and decisions at every
level of the
Friendly Stop operation.MOTION -
Coontz SECOND - Mayor Beyer AYES - Spurgeon, Barrera, Mayor
Beyer, Coontz,
Murphy
CITY COUNCIL MINUTES JULY 13, 1993
2. CONSENT CALENDAR (Continued)
ACTION: Moved to approve Item 2.4 and the suggestions outlined by Councilwoman
Coontz.
REMOVED AND HEARD SEPARATELY)
2.5 Request Council approval to transfer $4,000.00 from the California Literacy Campaign
Grant Regular Salaries account to Maintenance and Operations accounts. (C2500.I)
FISCAL IMP ACT: None.
See Item 2.6 for vote count.)
REMOVED AND HEARD SEPARATELY)
2.6 Request Council approval to transfer $1,300.00 from Families for Literacy Grant
Temporary Outside Personnel account to the Miscellaneous Materials and Supplies
account. (C2500.I)
FISCAL IMP ACT: None.
MOTION - Murphy SECOND -
Barrera AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy ACTION: Moved to
approve Items 2.5 and 2.6.2.7 Request
to allocate $2,225.00 of 1993-94 Community Development Block Grant Public Service Contingency
Funds to the Orange County Youth and Family Services.C2500.G.
1.3)FISCALIMPACT:
None. Sufficient funding will be provided by H.U.D., and will be appropriated or
reallocated under the 310 Fund for Approved Projects.ACTION: Approved.
2.8
CLAIM FOR DAMAGES FROM:Tamara Adams. (
C3200.0)FISCAL IMP
ACT: None.ACTION: Denied
claim and referred to City Attorney and Adjuster.2.9
Request Council approve Addendum to Agreement for Provision of Gang Prevention and Suppression Services
between the County of Orange and the City of Orange.A2100.0.
Agr.1953.A)Page 4
CITY COUNCIL MINUTES JULY 13, 1993
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: None. Sufficient funds have been appropriated in Account 355-
4041-426700 (Asset Forfeiture-Professional and
Consulting Services).
ACTION: Approved.2.10 Request authorization to advertise Bid #934-02 for street widening
of Chapman Avenue from Santiago Creek Channel to Yorba Street - S.P. #3053, in the City
of Orange.S4000.
S.7)FISCAL IMP ACT: The work contemplated in Bid #934-02 is to be
funded as follows:Measure M (Fund #262 - $60,000.00) and TSIP Area C (Fund #285 - $40,000.
00).ACTION:
Approved.2.11 Request authorization to advertise Bid #934-03 for street
widening/retrofitting improvements for Cambridge Street at Collins Avenue 100 feet :t North to 300
feet :t South; and for Shaffer Street at Collins Avenue100 feet:t North to100 feet:t South;
S.P.3053, in the City of Orange. (S4000.
S.7)FISCAL IMP ACT: The work contemplated in Bid #934-03 is to be
funded as follows:Measure M (Fund #262 - $46,000.00) and TSIP Area B (Fund #284 - $196,900.
00).ACTION:
Approved.2.12 Request authorization for advertising to invite bids for street reconstruction on
Culver Avenue from Lemon Street to Glassell Street and Washington Avenue from
Harwood Street to Cambridge Street. (S4000.S.
7)FISCAL IMP ACT: None. The work will be performed using Federal
Community Development Block Grant appropriated
funds.ACTION:
Approved.2.13 Request Council accept an Easement Deed from the Orange County Water District for
a drainage easement to serve Young's Market; 2200 N. Batavia Street. (D4000.
0)FISCAL IMP ACT: Ongoing maintenance will be required to maintain this facility
as required by
NPDES.ACTION:
Approved.2.14 Request Council approve an agreement with Young's Market to maintain a
clarifier required by NPDES and the Orange County Water District as a requirement
to establishing clean runoff water which enters the Santa Ana River. (A2100.0.Agr.
2101)FISCAL IMP ACT:
None.Page
CITY COUNCIL MINUTES JULY 13, 1993
2. CONSENT CALENDAR (Continued)
ACTION: Approved.
MOTION - Spurgeon SECOND -
Coontz AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Items 2.4,
2.5and 2.6 were removed and heard separately; all other items on the Consent Calendar 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 TAPE 429 5.1 Accept letter from
William Courtney requesting not to be reappointed to Orange Public Library Board of Trustees,
and instruct City Clerk to begin Maddy Act requirements. (C2500.I.1)MOTION
SECOND AYES Barrera Coontz
Spurgeon,
Barrera,
Mayor
Beyer, Coontz,
Murphy Moved
to accept Mr. Courtney's letter of
resignation. City Clerk was instructed to begin Maddy Act requirements. Letter of appreciation to be sent
to Mr. Courtney.6. ADMINISTRATIVE REPORTS URGENT ITEM - County alternatives to
current distribution of
property taxes TlI00.0)MOTION SECOND AYES Mayor Beyer Barrera Spurgeon,
Barrera, Mayor
Beyer,
Coontz,
Murphy
Moved that the
need to
consider this item arose after the posting
of the Agenda.The Acting Finance Director explained the County of Orange is offering an
option whereby the City would receive the amount of property taxes levied and the city
would not have any delinquencies. In addition, the County will pay up front 95% of the
City's outstanding delinquencies. In exchange, the City would be losing any penalties and interest
on the delinquent property taxes that are received now.Page 6
CITY COUNCIL MINUTES JULY 13, 1993
6. ADMINISTRATIVE REPORTS (Continued)
The Acting Finance Director did not recommend the County plan. In the long term it is not in the
City's best interest because the City will lose the income stream of the penalties and interest which
will far exceed the up-front money. The plan is of more benefit to the County than to the
City.
MOTION
SECOND
AYES Mayor Beyer
Coontz Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved
to reject the County's plan.Status
report on State budget estimates on property taxes.The
Senior Assistant to the City Manager reported the State of California League of Cities received
information that the City will lose $402,000.00 for this year only through the transportation
and planning funds that will come to the City through the Vehicle License Fees.The
City is also expected to receive $220,000.00 of the extended one-half cent sales tax. This
would be $444,000.00 if the voters in November approve the measure which would be a
permanent revenue to the City. The net hit to the City for this fiscal year is $665,000.00.
7. REPORTS FROM CITY MANAGER - None 8.
LEGAL AFFAffiS TAPE
564 8.
1RESOLUTION NO. 8200 A
Resolution of the City Council of the City of Orange approving and authorizing membership of the
Orange Police Department in the Orange County Vehicle Theft Task Force. (C2500.K)MOTION
SECOND
AYES
Spurgeon
Barrera Spurgeon,
Barrera, Mayor
Beyer, Coontz, Murphy That Resolution No.
8200 as introduced be adopted and same was passed and adopted by the preceding vote.8.
2 RESOLUTION
NO. 8202 A Resolution of
the City Council of the City of Orange setting the time and place for a public hearing to consider
the designation and adoption of an underground utility district requiring the removal of poles,
overhead wires and associated structures within that area of the City generally located on Tustin
Street from Southern Pacific Railroad right-of-way to Katella Avenue, and Katella
Avenue from Tustin Street to Cambridge Street, as is more particularly described in Exhibit"
A" attached hereto and on that certain map attached hereto as Exhibit "B", and on file in the
office of the City Clerk and the Department of Public Works. (C2500.M.13)Page
7
CITY COUNCIL MINUTES JULY 13, 1993
8. LEGAL AFFAIRS (Continued)
MOTION - Murphy SECOND -
Barrera AYES - Spurgeon,
Barrera, Mayor Beyer, Murphy ABSTAINED - Coontz That
Resolution No. 8202
as introduced be adopted and same was passed and adopted by the preceding vote.Councilwoman Coontz
abstained due
to a possible conflict of interest.8.3 RESOLUTION NO.
8203 A Resolution of the
City Council of the City of Orange commending William Courtney for eighteen years of loyal
and dedicated service to the City of Orange as a member of the Orange Public Library Board of
Trustees. (C2500.I)MOTION SECOND AYESBarrera
Murphy
Spurgeon,
Barrera,
Mayor Beyer,
Coontz,
Murphy That Resolution No. 8203 as introduced
be adopted and same was passed and adopted by the preceding vote.8.4 ORDINANCE NO.
7-93
AnOrdinance of the City
Council of the City of Orange amending Section 13.60.020 of the Orange Municipal Code to establish
a surcharge of monthly sanitation and sewer system charges based upon the cost to
construct and equip a Materials Recovery Facility. (A2500.0)MOTION SECOND AYES Barrera Coontz
Spurgeon,
Barrera,
Mayor
Beyer, Coontz,
Murphy That
Ordinance No. 7-93 have second reading
waived and be adopted and same was passed and adopted by the preceding vote.8.5
ORDINANCE NO. 8-93 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 at the southwest corner of Santiago Canyon Road and
Orange Park Boulevard. (ZI500.0)Pre-Zone Change 1157-93 Applicant:
City of Orange
Page 8
CITY COUNCIL MINUTES JULY 13, 1993
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
Mayor Beyer Spurgeon
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy That Ordinance No.
8-93 have second reading waived and be adopted and same was passed and adopted by
the preceding vote.8.6
ORDINANCE NO. 10-93 An
Ordinance of the City Council of the City of Orange amending Chapter 12.12 of the Orange Municipal
Code regarding the duty of property owners and the City to maintain trees, sidewalks,bikeways,
trails and parkways in a non-dangerous condition. (A2500.0)
MOTION
SECOND
AYES
Coontz Murphy
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy That Ordinance No.
10-93 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 Carole Walters,
534 N. Shaffer, commented on the update zone change and the survey oflocal governments, which
would take power away from Council and give it to the Planning Department.Bob
Bennyhoff,
10642 Morada Dr., suggested Council reconsider closing down the Resource Center. The
business community in that area feels this is a mistake and the workers will be back out on
the street.Police Chief
Robertson commented the Sheriffs office has been contacted about the gang problems in
this area and has not provided any cost figures. A meeting is scheduled with Supervisor Steiner'
s office to discuss annexation and operational costs to police the unincorporated area.
Mayor Beyer
remarked the answer is for the City to take over policing of the unincorporated area,not annexation.
The Board of Supervisors will be contacted to get policing costs to the City.The Director
of Community Services was instructed to contact the Resource Center's director to assist with
the cleaning up of trash in the area.Page 9
CITY COUNCIL MINUTES JULY 13,1993
11. RECESS
MOTION
SECOND
AYES
Mayor Beyer Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to recess
at 4:05 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. 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.NOTE: Due to
lack ofa quorum, there was no 7:00 p.m. Session.ADJOURNMENT The City
Council
adjourned at 5:00 P.M. to July 14, 1993 at 4:00 P.M. in the Weimer Room to discuss Employee Medical
Benefits.M~~~~ ~CITY CLERK
Page
10