RES-8010 Adopting Policy Statement Regarding Enforcement of Seismic RetrofittingRESOLUTION NO. 8010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE ADOPTING A POLICY STATEMENT REGARDING
THE ENFORCEMENT OF REQUIRED SEISMIC RETROFITTING
OF UNREINFORCED MASONRY BUILDINGS AND FINANCIAL
INCENTIVES FOR PRESERVATION
WHEREAS, the State of California has mandated tl1at cities adopt ordinances requiring
seismic retrofitting of unreinforced masonry buildings; and
WHEREAS, tl1e City of Orange has a unique public interest in preservation of its
unreinforced masonry buildings for both historic and economic reasons; and
WHEREAS, the adoption of an ordinance alone would not meet tl1e needs of tl1e City to
accomodate botI1 the state-mandated public safety requirements and the public interest
in preservation:
and WHEREAS, tl1e City Council is committed to a program tl1at will fully address both
of these issues including financial incentives to preservation that may lead to a greater
proportion of affected buildings being preserved ratl1er tl1an
demolished.NOW, THEREFORE, BE IT RESOLVED, tl1at tl1e City Council of the City of
Orange adopts the following policy
statement:PURPOSE AND
INTENT A. Public Safety and Preservation of Buildings. It is tl1e declared purpose and intent of
the City Council of the City of Orange tl1at tl1e City comply witl1 tl1e mandate of tl1e State
of California in S.B. 547 to protect public safety by the adoption and enforcement of
an ordinance requiring and regulating tl1e seismic retrofitting of tl10se unreinforced
masonry buildings identified in the City's Official List of Unreinforced Masonry Buildings ("
affected Buildings"). However, tl1e Council believes tl1at it is possible to do so,
without compromising public safety, within a program that properly considers tl1e legitimate
interests of botI1 tl1e public and the owners of affected buildings in preserving and
protecting buildings being put to good and valuable use in the community, including those of
historic significance, and is sensitive to tl1e special requirements of maintaining the legal status
of tl1e Plaza Historic District. To this end, the City Council believes tl1at tl1e City
should encourage, but not mandate, private restoration of facades in tl1e Plaza Historic District
in conjunction with seismic
retrofitting.B. Private Responsibility and Public Incentives. As a necessary component of the concept
of property rights, tl1e safety and maintenance of any affected building is the legal and
responsibility of its owner. At tl1e same time, the Council recognizes that compliance witl1
the seismic retrofitting requirements adopted by the City at tl1e mandate of tl1e State of
California, will require financial outlays and commitments of an unusually substantial nature
for most affected buildings. The Council also recognizes that the financial impact of
compliance may result in a disincentive to the preservation, restoration and use of affected
buildings, and that tl1e loss of such buildings would have a significant adverse impact on
both the quality of life and the economy of tl1e City of Orange. Therefore, it is the intent of
the City Council to explore annually, and to adopt, as part of its annual budget process,additional funding and/or otl1er reasonable alternatives for fmancial incentives programs to
encourage building owners to undertake and complete seismic retrofitting and to consider
such programs as a health and safety priority in weighing annual fiscal priorities. It is the
policy of tl1e City Council tl1at public funds only be expended for incentives in programslimitedtoprofessionalservicesandretrofittingcostsreasonablynecessarytocomplywitl1
the City's seismic retrofitting ordinance.
All funds presently appropriated for tl1ese purposes are restricted by state law to
buildings located within Redevelopment Project Areas. Therefore, exploration of further
incentives shall include options for providing corresponding incentives from City general
revenues for buildings located outside the Redevelopment project area.
The principles set forth in this Policy Statement are intended to direct the use of these
previously appropriated fnnds and to guide tl1e exploration of further options and fundingmechanisms.
C. Coordination of Incentive Financing With Retrofittim! Deadlines. The City Council
believes that adopting mandatory retrofitting deadlines prior to adopting financial incentive
programs would be counter productive to tl1e policies set forth in this Policy Statement.
Therefore, it is the intent of the City Council to adopt mandatory deadlines for compliance
witl1 the seismic retrofitting ordinance at a later date, when financial incentive options have
been more fully explored and specific incentive programs adopted, or when it becomes clear
that public safety requires or state law will compel such mandatory deadlines, at which time,
if not tl1eretofore accomplished, the City shall accompany adoption of such mandatory
deadlines with a Seismic Retrofitting Incentives Program.
D. Seismic Engineering Report Purchase Program. The City Council believes that
compilation of cost estimates for all affected buildings is a necessary prerequisite for
formulating financial incentives for retrofitting, and tl1at a Seismic Engineering Report
Purchase Program can and should provide tl1e means to compile such vital data. Therefore,
it is the intention of the City Council to adopt a Seismic Engineering Report Purchase
Program,as an adjunct to tl1e anticipated Seismic Retrofitting Incentive Program, limited to
twelve months in order to assure collection of data in a reasonable time and to avoid delay in
commencing actual retrofitting work under the ordinance.
E. Compilation of Information. The City Council recognizes that one legitirnate function of
City Government is to assist private individuals in gatl1ering information difficult for citizens
to obtain. Likewise, the assistance of the City and its Staff in obtaining otl1er sources of
funds and cost reductions will further tl1e purpose of the City Council set forth in this Policy
Statement. To this end, it is tl1e intent of the City Council that the City use appropriate
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resources to gatl1er, and make available to tl1e public, information concerning local, state and
federal tax incentives (such as those potentially available under the Mills Act), loans, grantsandotl1ersourcesofpublicandprivatefinancing, and qualifications of engineers, architects
and contractors related to seismic retrofitting. Furthermore, tl1e City Council intends tl1at tl1e
City and its Staff assist and cooperate with building owners in obtaining such tax incentives,
loans, and grants. However, tl1e City Council recognizes the right of each property owner to
select tl1e professionals performing work on his or her building and therefore, eligibility to
participate in any financial incentive program shall not be dependant upon selection of any
particular ipdividual or firm (or from any list of individuals or firms), so long as
professionals properly licensed to perform the specific work by tl1e State of California are
used.
DIRECTIVES FOR ACTION
Consistent with the Purpose and Intent of the City Council expressed above, the City Staff is
hereby directed to take tl1e following actions:
I. Seismic Engineerin~ Report Purchase Program. To implement the Seismic Engineering
Report Purchase Program as set forth in Schedule A attached hereto, to a maximum amount
of $400,000, with any remainder after completion of tl1e twelve montl1 program to be
reallocated to augment the Seismic Retrofitting Incentive Program discussed below. In
conjunction with the Seismic Engineering Report Purchase Program, to assemble all data
relevant to developing any further financial incentives, including cost estimates for each
affected building and total expected costs for all required retrofitting.
2. Seismic Retrofittin~ Incentive Program. To work with representatives of tl1e owners of
affected buildings to explore alternatives for an incentive program for seismic retrofitting,
and to propose a program or reasonable range of alternative programs to the City Council.
In so doing tl1e Staff shall treat this matter as one of priority commensurate witl1 tl1e public
safety implications of seismic retrofitting, and in accordance with the principles set forth in
paragraph B above.
3. Buildings Outside Redevelopment Proiect Area. To address in its proposals Engineering
and Retrofitting incentives for buildings not located within the Redevelopment Area.
4. Compilation of Public Information. To assemble, compile and make available to tl1e
public, information concerning qualifications of seismic engineers, architects and contractors
and sources of funding and cost reduction other tl1an the City of Orange and its
Redevelopment Agency, to tl1e extent that Staff resources and personnel are reasonably
available to do so. However, in so doing Staff shall provide only the information it has
gathered and shall not make recommendations, give advice or make judgments as to any
proposed course of action, tax or legal consequence, or give any preferences or make any
referrals to any particular individual or firm.
5. Cooperation with Owners in Obtaining Other Incentives. To assist and cooperate with
owners of affected buildings in obtaining any available tax incentives (including any tl1at
3 Reso No. 8010
may prove to be available under the Mills Act, federal preservation tax credit programs,
facade donation credits, etc.), loans, grants and other sources of funds or cost savings to
building owners.
EFFECT
This policy statement is intended to express the present Purpose and Intent of the City Council
and may be used as general guidelines for City Staff and the public in addressing the matters
discussed herein in future actions before tl1e City Council. State law precludes this statement
from having binding legal effect as to future funds of tl1e City, which shall be addressed through
tl1e annual budget process as set forth in Paragraph B above.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City
of Orange this 19th day of May , 1992.
ATTEST:
ruVCityClerkofCityf0ge
I hereby certify that tl1e foregoing Resolution was duly and regularly adopted by the City
Council of the City of Orange at a regular meeting tl1ereof held on the 1.9..th. day of May
1992, by the following vote:
AYES: COUNCIL MEMBERS: STEINER, MAYOR BEYER. COONTZ, SPURGEON
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
DISQUALIFIED: COUNCILMAN:BARRERA
City Clerk of tl1e ty 0 V
Resa No_ 8010
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