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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