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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