01-10-1995 Council MinutesORANGE, CALIFORNIA
JANUARY 10, 1995
CITY COUNCIL MINUTES
OF A REGULAR MEETING
The City Council of the City of Orange, California convened on January 10, 1995 at 4:30 P.M. in
a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Given by Councilman Mike Spurgeon
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
APPROVAL OF MINUTES Special Meeting
December 13, 1994.MOTION - Barrera
SECOND - Coontz AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater ACTION: Approved.Regular Meeting December
13, 1994.
MOTION - Murphy SECOND - Barrera AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater
ACTION: Approved.Adjourned Regular Meeting December 15,1994.
MOTION - Murphy
SECOND - Spurgeon AYES - Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater
ACTION: Approved.1.
4 PRESENTATIONS! ANNOUNCEMENTSI INTRODUCTIONS 1.5 PROCLAMATIONS PAGE
1
CITY COUNCIL MINUTES JANUARY 10, 1995
2.CONSENT CALENDAR TAPE 56
2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of aregularmeetingofJanuary10, 1995, at Orange Civic Center, Main Library, Police facilityat1107NorthBataviaandtheEisenhowerParkBulletinBoard; all of said locations beingintheCityofOrangeandfreelyaccessibletomembersofthepublicatleast72hoursbeforecommencementofsaidregularmeeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as apublicrecordintheOfficeoftheCityClerk.
2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in paymentofdemands.
ACTION: Approved.
2.3 Request from the County of Orange for waiver of 60-day notice to enter into a leaseat1535OrangewoodfortheSocialServiceAgency's Quality Assurance and FraudDetectionprograms. (A2100.0.Agr.1678.
G)FISCAL IMPACT:
None.ACTION:
Approved.2.4 Request Council approve budget transfers of funds within the PoliceDepartment.C2500.
K)FISCAL IMPACT: None. All funds are already budgeted within the Police
Department.ACTION:
Approved.2.5 Request Council approve agreement to transfer ownership of the Belgian MalinoisDogRudy" from the Orange Police Department's K-9 Unit to OfficerDerekCook.A2100.0.
Agr.2330)FISCAL
IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of
the City.2.6 CLAIMS FOR DAMAGES FROM: (
C3200.0)a.
Randy Collins b.
Timothy Tully c.
Phyllis Laver d.
Armando Reyes e. Tammy S.
Richey Benjamin f
Kathleen Maher
Page 2
CITY COUNCIL MINUTES
JANUARY 10, 1995
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: None
ACTION: Denied claims and referred to City Attorney and Adjuster.
REMOVED AND HEARD SEPARATELY)
2.7 RESOLUTION NO. 8424
A Resolution of the City Council of the City of Orange consenting to the approval of anAffordableHousingAgreementwithOrangeHousingDevelopmentCorporationregarding161NorthParkerStreetandmakingcertainfindings. (A2100.0.Agr.2329)
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon ABSTAIN - Slater ACTION: Approved.2.8
RESOLUTION NO.
8425 A Resolution of the
City Council of the City of Orange expressing appreciation to Lieutenant Trey Sirks oftheOrangePoliceDepartmentandcommendinghimformorethantwenty-nine yearsofloyalanddedicatedservice. (C2500.K)ACTION: Approved.REMOVED
AND HEARD
SEPARATELY)2.9 RESOLUTION
NO. 8426 A Resolution of
the City Council of the City of Orange amending Resolution No. 8324,the Memorandum ofUnderstandingbetweentheCityofOrangeandthePoliceManagementAssociation, adjustingthesalaryrangefortheclassificationofPoliceCaptainfromRange 551, $5568 to $7141, to Range 553, $5624 to $7212, effective January 8,1995. (C2500.K)The Acting Personnel
Director explained Resolution No. 8426 is proposed to reflect the current agreement withthePoliceManagementthatrequirestheCitytomaintaina15%differential between PoliceSergeants, Lieutenants and Captains. Presently the Captains are approximately 14% above the Lieutenants. All three Captains are eligible for this adjustment.Page 3
CITY COUNCIL MINUTES J~ARYI0, 1995
2. CONSENT CALENDAR (Continued)
MOTION - Spurgeon SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.2.
10 RESOLUTION
NO. 8427 A Resolution of
the City Council of the City of Orange upholding the recommendation of the Planning CommissionoftheCityofOrangeandapprovingthesubdivisionofpropertysituatedontheeastsideofCrawfordCanyonRoad, north of Creekside Drive and generally south of
City reservoir #5. (T4000.0)Tentative Tract 14983
Applicant: B.A.
Properties ACTION: Approved.2.
11 RESOLUTION
NO. 8428 A Resolution of
the City Council of the City of Orange upholding the recommendation of the Planning CommissionoftheCityofOrangeandapprovingthesubdivisionofpropertysituatedontheeastsideofCrawfordCanyonRoad, north and south of Cliffway Drive.T4000.0)TentativeTract14984
Applicant: B.A.
Properties ACTION: Approved.2.
12 RESOLUTION
NO. 8429 A Resolution of
the City Council of the City of Orange upholding the recommendation of the Planning CommissionoftheCityofOrangeandapprovingthesubdivisionofpropertysituatedatthenortheastcornerofChapmanAvenueandCliffwayDrive. (T4000.0)Tentative Tract 14985
Applicant: B.A.
Properties ACTION: Approved.Page
4
CITY COUNCIL MINUTES JANUARY 10, 1995
2. CONSENT CALENDAR (Continued)
2.13 RESOLUTION NO. 8430
A Resolution of the City Council of the City of Orange upholding the recommendation of
the Planning Commission of the City of Orange and approving modifications to a vestingtentativetractmaptoupdateandreviseconditionsofapprovalforpropertylocatednorth
of Creekside Drive, east of Crawford Canyon Road, west of Orange Park Acres and south
of Muir Drive. (T4000.0)
Modification to vesting Tentative Tract 13529
Applicant: B.A. Properties
ACTION: Approved.
2.14 RESOLUTION NO. 8431
A Resolution of the City Council of the City of Orange upholding the recommendation of
the Planning Commission of the City of Orange and granting a Conditional Use Permit to
allow a planned unit development upon property situated east of Crawford Canyon Road,
north of Creekside Drive, west of Orange Park Acres and south of Muir Drive. (C3300.0)
Conditional Use Permit 2076-
94 Applicant: B.A.
Properties ACTION:
Approved.2.15 RESOLUTION NO.
8432 A Resolution of the City Council of the City of Orange upholding the recommendation
of the Planning Commission of the City of Orange and granting a modification to
Conditional Use Permit to allow a planned unit development upon property situated east of
Crawford Canyon Road, north of Creekside Drive, west of Orange Park Acres and south of
Muir Drive. (C3300.
0)Modification to Conditional Use Permit
1678-88Applicant: B.
A. Properties
ACTION: Approved.REMOVED AND HEARDSEP
ARATELY)2.16 RESOLUTION
NO. 8433 A Resolution of the City Council of the City of Orange approving thereclassificationoftheLibraryManagerposition (Position Control No. 27) Range 473 ($3774-$
4839) to Library Services Manager at Range 503 ($4383-$5620) and amending Resolution
8362 to
CITY COUNCIL MINUTES JANUARY 10, 1995
2. CONSENT CALENDAR (Continued)
delete the classification of Senior Library Manager; and further directing Staff to amendthebudgetandthePositionControlSystemtoreflectthesechanges. (C2500.I)
The Library/Community Services Director reported the Senior Library Manager retired in
December, 1994. Through reorganization a decision was made to not fill the vacant
position. The Library will have one Division Head and more of a pyramiding effect. Noeffectivedutiesorresponsibilitieswillbelost.
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.2.
17 RESOLUTION
NO. 8434 A Resolution of
the City Council of the City of Orange expressing appreciation to Philip L. Colin oftheOrangeWaterDepartmentandcommendinghimformorethanthirty-eight years ofloyalanddedicatedservice. (C2500.P)ACTION: Approved.
2.18
RESOLUTION NO. 8435 A Resolution
of the City Council of the City of Orange requesting the Orange County Transportation programfundsforMainStreetfromLaVetaAvenuetoMapleAvenue, La Veta AvenuefromFlowerStreettoGlassellStreet, and Chapman Avenue from Route 57 Freeway to
Main Street. (S4000.S.7)ACTION: Approved.
2.19
RESOLUTION NO. 8436 A Resolution
of the City Council of the City of Orange designating a certain County Roadway tobeaCityRoadwayforconstructionofsewerimprovements.Location: Cully
Drive from Batavia Street easterly 1320 ft. (S4000.0)ACTION: Approved.
2.20
RESOLUTION NO. 8438 A Resolution
of the City Council of the City of Orange consenting to the designation of a certain CityHighwayasaCountyHighwayforrelatedsewerandstreetimprovements.Page 6
CITY COUNCIL MINUTES JANUARY 10, 1995
2. CONSENT CALENDAR (Continued)
Location: Bixby Avenue from Magnolia Avenue to Skyway Street (H1200.0)
ACTION: Approved.
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Items 2.7,
2.9 and 2.16 were removed and heard separately; all other items on the Consent Calendar were approved/
denied as recommended.END OF CONSENT
CALENDAR 3.REPORTS FROM
MAYOR COONTZ TAPE 303 3.1 Appointment
of Councilmember Dan Slater to the Orange County-City Hazardous Materials Emergency
Response Authority, term to expire 11/30/96. (OR1800.78.2)MOTION SECOND
AYES
Coontz
Spurgeon
Murphy, Barrera,
Mayor Coontz,
Spurgeon, Slater Approved.3.2 County Investment
Pool.
TAPE 314 Mayor Coontz gave the following
update on the Orange County Investment Pool. (OC1300.0)Our residents, business owners and
City employees remain very concerned about the recent bankruptcy of the Orange County
Investment Pool. Your elected officials share that level of concern and consider it their
highest priority to deal effectively with the crisis. Although neither the County nor the City
has precise estimates of the full impact of the bankruptcy we are prepared to tell you as much
as we have been able to learn about the current state of affairs. There are two facts that bear repeating.First,
as I told this
forum at my initial meeting as Mayor on December 13, 1994, the City is not broke, it is able to
pay its bills and will continue to maintain normal business operations in City services. Second, of the City'
s total investment package of$125 million, $28 million was invested in the County Pool. Our
goal is to recover 100% of that $28 million investment. This process will be outlined shortly by
the City Manager.97 million or 77% of
our investment portfolio is diversified and safely invested. You will hear more on that subject from
the investment consultant we have hired. Regarding our investment in the County Pool, we have
asked the consultant to review our past participation and delineate Page 7 1
CITY COUNCIL MINUTES JANUARY 10, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
what further steps we can take to strengthen our investment policy and procedures for the future.He will make his presentation directly following my opening remarks along with the CityManager.
Safety and oversight of our investment portfolio has been an ongoing concern of our City Councilforseveralyears; frequently agendized and vigorously discussed at many Council meetings. ButwhileresponsibilityforthiscrisisissharedbymanyespeciallyCountyleaders, perhaps this CityCouncilandstaffcouldhavedoneevenmore. Hindsight as we know is 20/20. But let's talkabouthowwecanpreventthisfromhappeningagain. There are many issues we need to address.
For instance, should our community continue to support a directly elected City Treasurer? TwoformerCityTreasurersandourpresentCityTreasurersayno. The burden of specializedknowledgeandresponsibilitycanbeoverwhelmingforaCityofoursize. Also, how do we best
correct some administrative breakdowns of the past. For example, the Treasurer was advised toreducetheamountofourCity's participation in the County Pool. This may have not been done in
a timely manner. What steps can be taken to assure compliance with City Council policy in thefuture?
Additionally, in April oflast year I suggested an oversight committee comprised of individualswithspecializedknowledgeofinvestmentsandday-to-day experience to advise the
City Treasurer on a volunteer basis. Later in the year, the City Council voted to accept this proposal. Now we need to move forward expeditiously with recommendations for their duties and selectionof
the participants.With those comments, and I've tried to make them succinct and brief, I ask theCouncilandaudiencetolistencloselytothepresentationsbytheCityManagerandour consultant, Mr. Mike Jeffers, as well as Comments from the audience. When we return for Council discussion, please be ready, as I know you will, to give recommendations to our City Manager andconsultant
for action."The City Manager gave the following report on the processes the City has gone throughandthefundingwhichhasbeenobtainedfromtheOrange
County Pool:On December 22nd we were informed that a billion dollars would be made availabletoinvestorsandthroughasubmissionbaseduponneedandurgency, those requests would beconsidered. On December 22nd we filed our first form which identified three things: 1) the first pledgeofthetrans, and a total of $4,350,000.00; the Police Department building, a certificateofparticipationofmorethan $460,000.00; and for the Redevelopment Agency, first payment fortheTustinProjectBonds, totaling $131,365.00. You add those three requests and it totals slightlylessthan5,000,000.00, in fact its $4,942,
263.00.The requirement placed upon these funds is they need to be expended by the end ofJanuary. We submitted our paperwork on the 22nd and were informed on the 23rd that the forms
had been
Page
8
CITY COUNCIL MINUTES JANUARY 10, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
changed. We had to submit those again and then on December 28th they had a third modification
to the forms. We have filled all those form out and have submitted them and we feel confident
that the money we have asked for will be coming out of the billion dollars as part of the pool.
To recap, the City of Orange had $28,194,000.00 in the pool. As you subtract the 4.942 from
that amount it leaves a balance owing to us from the pool of$23,251,737.00. We have all read in
the paper that the County is noting there could be as much of a 30% loss to the pool. Again, at
that point some time in the future if that's true, then there could be a loss of up to $8,458,000.00
or at least a shortfall before we start other action to gain those funds back.
Also, you should know that property tax has been received and to date we have received 5.9
million dollars. There has also been extensive negotiations for those funds which are in the
County fund which we call the impound fund of a million and one-half dollars. We estimate
that this amount of money that is in the impound fund that was paid prior to December 6, 1994,
will be forthcoming. We hope the judge will agree to that and if he does then within a week
those funds should flow to the City. Again, if that all comes to fruition, we project a gross amount
of7.4 million dollars in property tax. If that is true, then our projections are that we will have
not lost any property tax for the 1994/95
year.We have all read where projects have been curtailed. I might share with you there are a couple
of projects on the board now that we will probably not go forth with because of the lack
of cooperative funding. I will say that Santiago Canyon, Phase I which has been completed
and we've all had a chance to drive on that. The City was the lead agency on that and there is
an accounts receivable from the County of$880,000.00. Now, we know that the County has
frozen payments to vendors and creditors and we are one of those creditors. We are not sure when
we will get paid, although it is a contractual agreement with the
County.Phase II we entered into a contract two months ago for a startup on the second phase of
Santiago Canyon Road. The County's share on that phase is $545,000.00. We have been told that
there will probably not be an answer from the County for 120 days. We have two or three
alternatives.We can go it alone and bet on the come and that is that the County will pay us some day. We
can only build the City part; or thirdly, we can delay the project. Unfortunately, anyone of
those alternatives will be more expensive because of the contract agreement with the road
builder.Number three is a vexing problem, it is Main and La Veta. We have been trying to expand
that corner and therefore in November, we placed over a million dollars for right-of-
way with the Superior Court. The Superior Court normally holds funds in trust and they did
and invested those in the pool. So there's in excess of a million dollars out there we are trying to find.
It is most difficult. In fact in talking with Tom Hayes, he said that it is difficult for him to
identifY where all the money is because
of accounting practices.Lastly, we have projected joint projects, the City and County, aCTA withGMA. Those projects total $3.2 million. Some of those include the projects which I have talked about
before. Also in that listing are projects for 1995196. We have looked at those projects and many of
those can
CITY COUNCIL MINUTES JANUARY 10, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
done without hurting either our cash flow or the project. There are some signal lights that are
included in those projects and we think the effect of that will be less than a million dollars. Again,
we will take each project as it comes along and look at its merits.
The last comment I will make, and this is a confusing one, and has to do with the bankruptcies.
The County has two bankruptcies. One that equates or addresses the County of Orange and the
other one is the Orange County Pool. The judge is handling these two bankruptcies is John Ryan
and he has appointed a u.s. Trustee, Marcie Tiffiny. Because of the two bankruptcies there are
two separate credit committees. The one involved with the County of Orange is made up of
creditors other than the City's, although we are a creditor with that action because of accounts
receivable. In terms of the Orange County Pool that has a creditor's committee made up of seven
persons representing OCT A, Cities in the County of Orange, Sanitation Districts, Water Districts,
Corridor Agency, Cities outside of Orange County and Schools. They meet weekly trying to get
things resolved.
Last time I spoke, I said the more we know the more we'll share. I wish we knew more because
information is at a premium. We are committed that the more we know the more we will share
and we'll not only do that in the form of reports to the public at Council meetings, but if needs be,
we will prepare press releases also."
The City Manager introduced Mike Jeffers, Attorney, who has worked with the City in the past.
The City Manager remarked, "Immediately upon the notice from the County that the pool was in
trouble, I called and met with him. Over the course of the last 30 days he has met with us and has
had some specific direction and will share that. "
Mr. Jeffers gave the following comments:
Madam Mayor and members of the City Council and most importantly you residents of the City
of Orange who are out here in the audience today, I'm Mike Jeffers, I'm an attorney. Our law firm
is Jeffers Wilson and Shaff is in Irvine and our specialty is securities law and we've had
experience, as many of you know, in the securities fraud areas as well. I guess we advertise that
we do have specialization and expertise in analyzing securities investments and investment law in
general. We've been engaged by the City to review the City's investment practices and policies
particularly in connection with its investment in the Orange County Investment Pool and to
prepare a report to the City which we are in the process of doing. I will be giving you today a
status report of where we are and try to analyze and tell you what we have found that happened in
connection with the City's investments in the pool.
I want to say, too, I hope that in my comments I address some of the issues that we anticipate and
we know that some of you people have and if you have questions when I'm through, well I
certainly invite your inquiries because we like to clear them up.
Page 10
CITY COUNCIL MINUTES JANUARY 10, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
Before turning to our review of the City's compliance with the Statement ofInvestment Policy inthepool, I want to take a minute to comment on the principle cause of the losses suffered by theCityandthe185othermunicipalitiesinthefundbecauseIthinkitreallyiscriticaltosetthisdiscussioninthepropercontext.
We believe the principle cause of the investment losses in the pool were the investment strategiesemployedbytheCountyTreasurerinborrowingthroughreverserepurchaseagreementstoinvestinlongterm, high risk interest rate sensitive instruments in employing the leveraging tactic ofusingreversereprobonds. You should know too, these strategies and their inherent risk were
never disclosed to the City. They were contrary to the Treasurer's Statement ofInvestment
Policy provided to the City when the City's investment in the fund was first authorized. They arealsocontrarytotheexpressobjectivesofthepool's Statement ofInvestment Policy which similartotheCity's in this regard, reiterates the cardinal rules of an investment policy which are safety,liquidity and yield in that order in connection with the investment of funds.
The City continued to rely on the County Treasurer's public misrepresentations that theinvestmentstrategiesweresoundandwereriskfreetotheinvestorsofthefund. I should saywhenIsaytheCity, I should note the City and apparently 185 other municipalities as well. Bytheway, I want you to know that in the connection with the undertaking our engagement, mymandatefromtheCitywastoanalyzetheeventsexactlyaswefindthemanddiscoverthemand
report them to you, so believe me, no punches are being pulled and I will report to you, both hereandinthefinalreport, as exactly the facts as we find them to be.
In connection with the County's actions we are recommending the City to continue to pursue thelegalclaimsthroughthecreditor's committee representing 186 municipalities in the bankruptcyproceedingsthatI'm sure you've read about in the newspapers.
Turning to the City's actions in connection with these investments I want to first confirm that theCityclearlywasauthorizedbothundertheCaliforniaGovernmentCodeandunderit's StatementofInvestmentPolicytoinvestinthepool. The issue of reverse repurchase agreements, I know isgoingtoarise, and let me address that. Although the Statement ofInvestment Policy does notpermittheCitytoutilizereverserepurchaseborrowings, to leverage its direct investmentportfolio, this prohibition does not apply to investments made through an authorized investmententitysuchasthepool. In other words the City was clearly authorized to invest in the pool undertheinvestmentpolicyknowingthatthepooldoesemployreverserepurchaseborrowingsasaleveragestrategy. The reason for this distinction, and this was adopted in 1992 when theInvestmentPolicywasfirstadopted, is that the City recognized that it does not have the resourcesortheexpertisetomanagetheleveragedinvestmentportfolio. However, the City believed itcouldrelyontheCountyTreasurer's track record and advertised expertise in managing leveragedinvestmentportfolioshadnomaterialincreaseofinvestmentrisk.
Basically the City, like the other municipal investors, relied on the impressive past track recordachievedbythepoolandthecontinuingoralandwrittenpublicstatementsoftheCountyTreasurer. These were supported in part by statements from national credit rating agencies, Wall
Page 11
CITY COUNCIL MINUTES JANUARY 10, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
Street investment firms and the press that the pool's sophisticated investment policies were safe,
risk free and consistent with the cardinal principles of safety, liquidity and yield. I think you can
recall as I do from the statements you've read in the press right up until the day of the bankruptcy
that that was the public position of the County Treasurer.
We've also found and believed, that based on our investigation, that the City acted in a prudent
manner in evaluating its investment in the pool and took certain actions that reduced the extent of
its actual and potential investment in the pool. I'd like to summarize some of those actions for
you. Again, I know the message you don't want to hear is that perhaps it could have been worse
but that is a fact, it could have been and in fact it was much worse for a number, for most, of the
other municipalities and school districts that have invested in the County pool.
Beginning in early 1993, right after the 1992 Statement of Policy was originally adopted, the
previous City Council and the internal investment advisory committee, which consists of the
Finance Director, City Manager and Treasurer and operates as a sort of a watch dog or monitor
on the Treasurer's investment management activities, and the Finance Department staff,
continually raised questions regarding the nature and safety of the pool's investment strategies.
They also sought and obtained assistance from outside experts that the pool continued to be a safe
and liquid investment. Further, the Advisory Committee, the Finance Department and the Council
rejected a number of suggestions that would have significantly increased the City's investments in
the pool. In one case, a suggestion if adopted, would have increased the investment in the pool
by up to an additional 50 million dollars. And in context, too, you should realize that these
actions were taken at the same time that a number of municipalities and school districts were
substantially increasing their investments with the pool.
So, again in a nut shell, what we have found is that the Council and the Advisory Committee were
asking the right questions. They were conducting analysis and based upon the information they
got, they continued to maintain the investments of the pool. Everything was not perfect and I
don't want to paint that picture. There was an administrative breakdown in the failure to follow
up and fully implement the City Council's decision adopted earlier by the Investment Advisory
Committee in May of 1994 to reduce the City's total investment in the pool down to $20 million
or 15% of the total surplus funds; down from a high of$33 million or 25% of its investment
funds. That is another defensive action the City administration took to reduce its risk of exposure
in the investment pool. Unfortunately this decision was never fully implemented.
The City's investment balance with the pool stood at $28.1 million at the time of the County
bankruptcy. Our investigation shows that this break down was due primarily to a serious
prolonged and debilitating illness to the former City Treasurer which caused him to be absent
from his office for a great deal of 1994 until his resignation on October 28th. There was no
effective assumption of the Treasurer's duties and responsibilities by other people in City
Government. This was due to partly to the fact, we believe, that the Treasurer is an independent
elected official. There is not a clear, at this time, mechanism for assumption of duties by someone
else when an important city official is incapacitated and I can assure you that is something we will
address in the recommendations for changes in the investment policy.
Page 12
CITY COUNCIL MINUTES JANUARY 10, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
The City also should have noted the investment of the 1994 TRAN proceeds in the pool causedtheCitytoexceedit's self-imposed 20 million dollar limit on its investments in the pool. 8.7 million dollars of the City's total 28.1 million dollar investment in the pool consisted oftheproceedsofaTRANnoteissuedlastAugust. And by way of background, and againsomequestionshavebeenraisedregardingatrans, let me take a minute to explain them. A TRANs isaTaxandRevenueAnticipationNotethataCityorothergovernmentalagencyissuestoprovidealevelsourceofcashfortheCity's operating budget. This alleviates the cash flow problemsthatarecausedbyprimarydependenceonrealestatetaxeswhichbasicallycomeintwotimesduringtheyear. A secondary benefit of a TRAN is the opportunity to earn investment incomethroughtheinvestmentoftheborrowedfundsatayieldthatproducesinvestmentincomethatexceedstheinterestcostoftheTRAN. You should know also that TRANs are widely used financingdevicesformunicipalitiesinOrangeCountyandthroughouttheUnitedStates. There's nothingwrongwiththem. They are commonly accepted; they're used very
widely.The decision of the City, regarding the investment of the TRANS proceeds, was to investtheproceedsofthe1994TRANintheOrangeCountyPoolbecausethepoolwasachievingafavorableyieldandbyallpublishedaccountsatthetime, the pool continued to be a safe andliquidinvestmentfortheCity's
funds.This is a summary of our findings to date regarding the actions and policies of the Citywithrespecttoitsinvestmentinthepool. We are in the process of preparing a detailed reportwhichwillincludeanumberofrecommendationsforchangesintheCity's investment policyandadministrativepractice. Administrative practice is designed to further the safety of the City's investment assets and reflect the conservative emphasis of the City's investment policy. Our report will be based in part, and our recommendations will be based in part, on our ownreviewandwelookforwardtogettingfurtherrecommendationsandinputfromtheCityCouncilwithrespecttothesuggestionsforchangesandmodificationintheInvestmentPolicytoagainhopefullypreventarecurrenceofthistypeofincident. I hope this information was helpful toyouinunderstandingtheactionsoftheCityandthenatureoftheCity's investment with the TRANinconnectionwiththeStatementofInvestmentPolicyandIcertainlylookforwardtoanyquestionsyoumight
have. "Mayor Coontz recognized the following
speakers:Nick Lall, 6231 E. Mabury Ave., (Richard Carlson, Gary Meserve and WillChambersrelinquishedtheirspeakingtimetoMr. Lall) commented he will submit his questions formallytoMr. Jeffers in writing. Mr. Lall gave the following
comments:He has a severe problem with attempts to push this off on the City
Treasurer.It was $28 million on May 31st. On September 13, 1994, the City Manager remarked undertheConsentCalendar, after the May 10th quote of a reduction in the County Pool from $33 millionto20million, which was actually only to $24.1 million, "the City is investing with the CountyPoolandhasnottakenanyfundsout." At the end of May, 21 days later the 31st, it was back uptoover $28.1 million. There are factual errors being presented and this needs to be
addressed.Page
CITY COUNCIL MINUTES JANUARY 10, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
The investment strategy has been reviewed and the fact that the City was investing in the County
Pool, relying on information, the golden rule and that's included in the City's investment policy is
to know and understand the investment characteristics before the City invests - so the City invested
money before it was understood. Now, it is being said the City needs to rely on the people
that are selling the investments. You do not rely when you are investing on the sales people
to count that as what in fact the investment is - you need outside independent research.Relying on
Citron's representation, again under that circumstance, is poor policy management.The policy
is fine and sound and the Council and Investment Committee should follow the policy.The City
is banned from reverse repurchase agreements, and the City got into them. It is a policy violation.The
City
needs to understand what is being invested into to determine whether there is safety there. The
City failed on this count.Internal Revenue
Service Codes 103 and 148 as defined after the 1986 Tax Reform Act,specifically states
that cities that borrow money on a tax free municipal bond, which a TRANs is,and for
the sole purpose of investing it in a higher yielding investment, the interest income should be turned
over to the Federal Treasury.According to
the Government Code, the Council has to give complete and direct authority to the Treasurer's
office to invest in reverse repurchase agreements. If Council did not give that authorization there
is a potential violation of the Government Code.Mr. Lall
demanded a public forum be held on Saturday with unlimited access to the experts to answer all
questions. If Council's conviction is so strong that they have not violated any of their policies it
was recommended Council enact an ordinance with criminal penalties for failure to follow the
policy, and make it retroactive to the date the policy was adopted.Mr. Jeffers
provided the following answers to Mr. Lall's questions:There is
no cover up. There were some breakdowns at the City government level which were explained in
his initial presentation. The City had given authorization to the County approximately one
year ago to automatically deposit property tax payments into the City's investment account
in the pool. This action was never rescinded by the City until December of this year
prior to the bankruptcy. After the May action, a number of deposits went automatically from the
County into the investment pool; it was not rescinded but was pursuant to the standing procedure at
that time. In the summer of 1994 a couple of million dollars came out of the pool,but the
low point of the balance was around $24 million, possibly a little below that. The increase was due
primarily to the automatic deposits of property tax payments. The proceeds of the 1994 TRANs should
not have been deposited in the pool. They consisted of approximately $9 million of the $
28 million balance and the City would have been under the $20 million limit.Page 14
CITY COUNCIL MINUTES JANUARY 10, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
One of the recommendations is the City continue to pursue its legal remedies through theCreditorsCommitteewhichrepresents186oftheinvestorsinthepool. Its legal expenses andlegalcostsarepaidoutofthepooltheyarenotchargedtotheindividualentities.
Mr. Jeffers opined anyone would be entitled to rely on published statements which is how youknowwhattheCounty's investment policy is. The 1991 Statement ofInvestment Policy of thePoolwhichwasgiventotheCitywasreviewedandthereareblatantmisrepresentationsandinaccuraciesinthatinvestmentpolicystatementwhichcontinuedin1992. In 1993 the interimFinancialReportgivenbytheCountyTreasurerandtheannualreport, in Mr. Jeffers judgment arefullofblatantmisrepresentationsandinaccuracies. Council and the Advisory Committee werecontinuallyaskingquestionsabouttheirinvestments. The investment strategies, as explained bytheCountyTreasurer, were sound and risk free. The County Treasurer did not explain what hewasdoing.
The TRANs was explained. There is no legitimate challenge or claim to the tax exempt nature oftheTRANissuedbytheCity.
The Wymer issue was entirely different. The proceedings are still underway and the City istryingtorecovertheentireamount.
Regarding the IRS 103 and 148 question, the City does not face a liability because there is alsoanexceptiontotheprovision. This was a one year TRANs, and the code provides that you canreinvesttheproceedsforuptoa13monthtemporaryperiodandyouarenotsubjecttothearbitragerecaptureruleswhichwasoneoftheexceptionsthattheCitywasoperatingunderinconnectionwiththe1993/94 TRANs.
Debbie Veres, 3050 Edgewater, commented it was everyone's fault. The City has been operatingwithnoFinanceDirectororTreasurerandeveryonewasrunningforoffice. Ms. Veres asked whytheCitydidn't retain someone other than Mr. Jeffers who is saying the same things he said in theWymercase.
The City Manager indicated he made the decision to hire Mr. Jeffers after months of observinghiminatarbitrationmeetings.
Bob Bennyhoff, 10642 Morada Dr., commented he could only recall twice in 15 years whenanyoneonthedaissaidsomethingbearingontheinvestmentpolicies. There seems to be a lot ofhindsight. The City Manager had a gut feeling to pull out the money and Mayor Coontz hadexpressedsomereservationsabouttheinvestmentpolicywhicharetheonlytwocommentsMr.Bennyhoff could remember questioning what Mr. Citron was doing. No comments were made attheBoardofSupervisorsmeetingtoquestionMr. Citron.
The following motions were given:
MOTION
SECOND
AYES
Spurgeon Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Page 15
CITY COUNCIL MINUTES JANUARY 10, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
Moved to accept Mayor Coontz's report, the report of the consultant and the report of the City
Manager as a matter of record along with the comments made by the members of this body here
today.
NOTE: Councilman Spurgeon amended the motion to include Councilman Slater's comments.
Councilman Slater was uncomfortable accepting the report from the consultant putting primary
blame for this on the former City Treasurer without talking to him or him being present in person
to defend himself
Mr. Jeffers explained the Treasurer was absent for most of 1994 with a debilitating illness and did
not want to characterize that he was putting the primary blame on the Treasurer for this. The
illness and absence was a factor which led to administrative oversight in the failure to complete
the implementation of the decision to reduce the City's investments in the pool to $20 million
instead of $28 million. The former City Treasurer was the ultimate person responsible for placing
investments in the pool, but based on what has been reviewed, those decisions at all levels of City
government were prudent at the time. It was not meant to put the primary blame on Mark Weiss,
former City Treasurer.
MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
set the date for a review of the mid-year 1994/95 budget to include any effect the County
Investment Pool may have on the remaining budget year. The date for the Adjourned Regular
Meeting is Tuesday, January 17, 1995 at 4:00 p.m. in the Weimer Room.MOTION
SECOND
AYES
Coontz
Barrera Murphy,
Barrera, Mayor
Coontz, Spurgeon, Slater Moved to request the
outside consultant Mike Jeffers prepare a written report and return to Council on Tuesday, January
24, 1995,4:30 p.m. for approval of his recommendations to strengthen City investment policies.
These policies be formulated as they have been in the past,primarily stressing a conservative
investment approach as befits the City.MOTION SECOND AYES Coontz
Barrera
Murphy,
Barrera,
Mayor Coontz,
Spurgeon, Slater
Moved to determine the structure, mission and
responsibilities of the proposed independent oversight committee ( outside committee) so that regular
outside monitoring and reporting of the City's investment policies will be established.
The oversight committee is to report directly to the City Council, if possible.NOTE: The committee
selection process has not
been finalized. Mr. Jeffers will present recommendations to Council.Page 16
CITY COUNCIL MINUTES JANUARY 10, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
MOTION
SECOND
AYES
Coontz Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to determine
whether the role of the current Investment Advisory Committee (an internal committee) needs to
be redefined or its membership restructured to provide the strongest day-to-day oversightoftheCity's investment activities.MOTION SECOND
AYES
Coontz
Barrera
Murphy, Barrera,
Mayor Coontz,
Spurgeon, Slater Moved to weigh the pros
and cons of an elected versus an appointed City Treasurer for consideration of placing the issue
on the City ballot with information to come back to Council as to when the first possible
date would occur, to be merged with a general election as a cost effective procedure.MOTION SECOND AYES
Coontz Murphy
Murphy,
Barrera,
Mayor
Coontz, Spurgeon,
Slater
Moved to determine the prerequisites of experience
and knowledge of investments of any employee deputized to act on behalf of
the City Treasurer in investment decisions.MOTION SECOND AYES Coontz Murphy Murphy, Barrera,
Mayor
Coontz,
Spurgeon,
Slater Moved
to
require that any of our pooled investments
be consistent with the investment policies of our City.MOTION SECOND AYES Spurgeon Barrera Murphy, Barrera,
Mayor Coontz,
Spurgeon,
Slater
Moved
to have
Mr. Jeffers
include in his report the status of
the $15 million the City has invested with the State.MOTION SECOND AYES Murphy Slater Murphy, Barrera, Mayor Coontz,
Spurgeon, Slater Moved
to
initiate
immediately
the interview
and application
process of the Oversight Committee,requesting legal
counsel draft the background and requirements for membership on that committee, as well
to begin review of those applications that are already accepted by Council.
Page 17
CITY COUNCIL MINUTES JANUARY 10, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
MOTION
SECOND
AYES
Murphy
Slater Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
review the current policy and additions, to clearly define and delegate the responsibilities of
said positions, i.e. the Treasurer and perhaps other members of the investment committee should
there be an absence.MOTION SECOND
AYES
Murphy
Spurgeon
Murphy, Barrera,
Mayor Coontz,
Spurgeon, Slater Moved to direct staff to
draft a montWy statement, an executive summary or review of the investment portfolio. This is to
be reviewed by the Council in order for them to know where things are or have moved
and any impacts of economic conditions.NOTE: Councilman Slater asked if
the Independent Oversight Committee or Advisory Investment Committee meetings can be
open to the public. The City Attorney opined these meetings are usually subject to
the Brown Act and can be opened to the public.4. REPORTS FROM COUNCILMEMBERS Councilman
Slater announced during the
recent campaign he became aware that the Council receives medical benefits and compensation
on the level of the top City management. Following the spirit of Americans who
are demanding reform in government and following Congress' lead that they feel that Government
should follow the examples set by private industry, Councilman Slater waived both the benefits
and cash equivalents.Councilman Murphy requested permission to
leave the State for a busines trip.MOTION SECOND AYES Approved.Barrera
Spurgeon
Murphy,
Barrera,
Mayor
Coontz, Spurgeon,
Slater Councilman
Spurgeon asked if any water damage had
occurred to City structures? Staff indicated no major damage had been incurred so far.
Mayor pro tem Barrera asked for more bus
shelters at certain locations. The City Manager will investigate the request.5. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS - None
Page 18
CITY COUNCIL MINUTES JANUARY 10, 1995
6. ADMINISTRATIVE REPORTS TAPE 3737
6.1 Request to modify a non-conforming use - P. J. Mead Books and Coffee. (Continued
from 12-13-94.) (
C3300.0)Location: 182 South
Orange Street Councilman Slater abstained from this item due to a financial interest in the
adjoining property.The Director of Community Development reported on the continued request. Healsoreportedontheusesinthedowntownareaandwhethertheyhadonsiteparking
provided. Most businesses in the downtown area do not have parking provided. The old townarea, having developed over a long period of time, businesses have developed and the entire parceliscoveredwithstructuresandtheuseofthebusinessitselfandnottheparking. There havebeenstrategiestoprovidepublicparkinginthearea. Restaurants along with other uses in thedowntowneareadonothaveparking. This is not an unusual situation that this church has existed forsolongwithoutanyparkingbeingprovided. The applicant is not providing all theparkingspacesrequiredbytheZoningCodebutcertainlythesituationisbeing
greatly improved.Speaking
in favor:Gary Mead, 133 S. Cambridge, and his wife and family are the purchaser of the
former church building. The application is Gary and Peggy Mead, applicants on this issue. The
restaurant will seat approximately 106 people with a coffee shop and retail shops in the rear. Thebuildingis5,000 sq. ft. Mr. Higgins Sr. was approached to purchase the 23 parking places to thenorthofthebuilding. Escrow will close on February 15, 1995. Mr. Mead wants the
opportunity to participate in the downtown plaza development by allowing them to refurbish the103yearbuilding. There is no problem with compliance of the use of the building and the tying
of the properties together. Mr. Mead agreed with the
7 proposals.Dennis Johnson, 1104 E. Del Mar, Orange, President of the Orange ChamberofCommerceDaleNewcom, 715 E.
Fairway Dr.Pat Buttress, 1344 E. Concord, read a card from Bob Mickelson, 328
N. G1assell Doug Westfall, 1125
W. Palm Shannon Tucker, 556
E. Culver Don St. Jean, 212
S. Grand Speaking in opposition due to parking problems and setting a precedence
if approved:Corinne Schreck, 446
N. James Barbara DeNiro, 118
E. Adams Carole Walters, 534
N. Shaffer Richard Carlson, 159
S. Cambridge Gary Meserve, 153
S. Cambridge Mike Alvarez, 360
S. Glassell
CITY COUNCIL MINUTES JANUARY 10, 1995
6. ADMINISTRATIVE REPORTS (Continued)
Councilman Murphy asked Mr. Mead if he would agree to a six month review when business
commences to review the status and that all conditions of approval are being met according to this
agreement. Mr. Mead agreed requested Councilmembers to visit P. J.'s Abby to observe the
accomplishments and benefits to the community.
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon ABSTAINED - Slater Moved
that the City
adopt a resolution finding that the proposed restaurant retail use ofthe structure at 182 S.
Orange will have no greater impact on the subject site than the previous structure, subject to the
following conditions, adding Condition No.8, that a review at six months from commencement of operations
be put in place to confirm compliance on all of the conditions and impacts to the
neighborhood.6.2 Request to
relocate the Certified Farmers Market to the Lemon Street parking lot.R1200.0)Councilman Slater
abstained from
this item due to a conflict of interest.The Director of Community
Development reported the proposal is to relocate the market to the Lemon Street parking lot.
There are conditions of approval. One of the conditions is approval of an encroachment permit to
allow their occupancy within the public parking lot.Mayor Coontz added another
condition regarding cleanup .MOTION SECOND AYES ABSTAIN
Murphy
Spurgeon
Murphy,
Barrera,
Mayor Coontz,
Spurgeon Slater
Moved to approve the relocation of
the Certified
Farmers Market from its present location to the Lemon Street parking lot subject to the suggested
operating conditions, and to include the condition regarding cleanup.7. REPORTS FROM CITY MANAGER -
None 8. LEGAL
AFFAIRS 8.1 ORDINANCE NO. 21-94
An Ordinance of
the City Council of the
City of Orange approving first amendment (No.1) to Development Agreement No. 1-88 between the City
of Orange and California Quartet, a California limited partnership, as successor-in-interest
to Woodcrest Development, Incorporated.A2100.0.Agr.1416.1)
Page 20
CITY COUNCIL MINUTES JANUARY 10, 1995
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
Barrera Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance
No. 21-94 have first reading waived and same was set for second reading by the precedingvote.8.
2 ORDINANCE NO. 1-95
An Ordinance of the City Council of the City of Orange amending sections 17.42.040 (0),17.43.030 (0), 17.43.130 (A), 17.44.040 (M), 17.80.030 (A-D), 17.80.040, 17.92.010,17.94.050 and 17.95.055 of the Orange Municipal Code relating to the processing ofapplicationstoallowsaleofalcoholicbeverages. (A2500.
0)
MOTION
SECOND
AYES
Murphy Spurgeon
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That
Ordinance No. 1-95 have first reading waived and same was set for second reading by theprecedingvote.
8.3 ORDINANCE NO. 2-
95 An Ordinance of the City Council of the City of Orange amending the" SouthridgeDevelopmentAreaXXPlannedCommunity" text. (Z1500.
0)Zone Change
1171-94 Applicant: Pacific
Ridge
Partners
MOTION
SECOND AYES
Barrera
Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
That Ordinance No. 2-95 have first reading waived and same was set for second reading bythepreceding
vote.8.4 ORDINANCE NO.
3-95 An Ordinance of the City Council of the City of Orange amending Section 17.06.020oftheOrangeMunicipalCodeandapprovingthereclassificationofpropertysituatedatthenortheastcornerofChapmanAvenueandCliflWayDriveandpropertylocatedsouthofandadjacenttoCitywaterreservoir #5. (
Z1500.0)Zone
Change 1170-94 Applicant:
B.A.
CITY COUNCIL MINUTES JANUARY 10, 1995
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
Murphy Coontz
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater That Ordinance No.
3-95 as introduced 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 Eileen Hertfelder,
720 E. Culver read the following: "The Orange Taxpayers Association Board wishes to
read the following requests and be entered in today's meeting. The continued loss of investment funds
in the City of Orange 1992 and 1994, and the growing list of other management problems andoftheCityhascreatedacredibilityproblemforelectedofficialsandhiredstaff. The problems have
passed the point where platitudes and promises can slow or halt the growing distress ofcitizensinbusinesses. Therefore, the tax-paying citizens of Orange are seriously requesting
the following:I.
No new taxes or fees assessed on the citizens of Orange. Also, City Council must notifY the Orange
Taxpayers Association 30 days in advance of any attempt to do so.2.
There shall be a downzoning of unnecessary and costly City government.3.
No City funds shall be invested with the County or State.4.
All Councilmembers and Mayor will take a 10 percent cut in pay to be reflected as a genuine cut. This cut will be accurately reflected to PERS (public Employees Retirement System).5.
Council will accept, consider, and respond to in a timely manner, evaluation reports regarding CityoperationsfromcitizengroupsthatarebeyondthecontrolofCouncil.6.
Council shall determine and report to the public within 60 days the minimum level of City servicesandregulationslawfullyrequired.7.
Council shall strictly comply with the public meetings Brown Act.8.
Orange City Councilmembers and any investment advisory committees formed must be held accountable
for their actions of the past and the actions in the future.The
Orange Taxpayers Board would like a public statement to these requests at your next Council meeting -
January 24, 1995.Mayor Coontz
commented there were several items that needed to be addressed by the City Manager, CityAttorneyandstaff.Page 22
CITY COUNCIL MINUTES JANUARY 10, 1995
10. ORAL PRESENTA nONS (Continued)
Corinne Schreck, 446 N. James, commended Dan Slater for waiving his benefits and Councilsalary.
Carole Walters, 534 N. Shaffer, spoke about select enforcement in the City
11. RECESS
MOTION
SECOND
AYES
Murphy Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater The City Council
recessed at 7:25 p.m for a five minute break.NOTE: The following
items were discussed in Closed Session which was delayed until the end of the 7:00 p.m. Session. Councilman Spurgeon left the Closed Session at 9:40 p.m.a. Conference with
Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a):NationalAdvertisinl!' vs. Citv
of Oran2e. United States District Court Case No. CV 85-4968 TJH(Kx)CitvofOran2e
vs. County Sheriff. Orange County Superior Court Case No. 72 97 18 Citv of Oran2evs. Refco Securities. Inc.. NASD Arbitration No. 92-03685 and United States Court CaseNo. 92 2141 SVW In re
the Bankruptcy Petition of Orange County Investment Pools, U. S. Bankruptcy Court Case No. SA 94-22272 In
re the Bankruptcy Petition of Orange County Investment Pools, U. S. Bankruptcy Court CaseNo. SA 94-22273
NOTE: This item was removed from the Closed Session.
Citv of Oran2e and Oran2e Redevelopment A2encv vs. Donald D. Greek. et aI., Court ofAppeal, Fourth District,_Case No. G013897
b. Conference with Legal Counsel - anticipated litigation.Initiation
oflitigation pursuant to Government Code Section 54956.9(c) (two potential cases)c.
To consider and take possible action upon such other matters as are orally announced by the CityAttorney, City Manager, or City Council prior to such recess unless the motion to recess indicatesanyofthematterswillnotbeconsideredinClosedSession.Page
23
CITY COUNCIL MINUTES JANUARY 10, 1995
7:00 P.M. SESSION
12. INVOCATION
Given by George Gorham, Past Master of the Orange Masonic Lodge
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Given by Councilman Mike Spurgeon
12.2 ANNOUNCEMENTS - None 12.
3 INTRODUCTIONS - None 12.4
PROCLAMATIONS - None 12.5 PRESENTATIONS -
None 13. PUBLIC HEARINGS TAPE
6340 13.1 TENTATIVE TRACT
MAP 15027, ZONE CHANGE 1172-94, CONDITIONAL USE PERMIT 2078-94,
PARKRIDGE HILLS, SOUTHERN CALIFORNIA EDISON COMPANY: (Z1500.
0)Time set
for a public hearing on petition by the Southern California Edison Company to consider a revised
proposal for a subdivision comprised of 277 single family residential lots, one multi-family residential
parcel of 6.76 acres and a fire station site. A similar proposal was previously approved as
Tentative Tract Map 13125, General Plan Amendment 1-89-A (Agricultural), M-
l Light Manufacturing) and PC (planned Community) zoning boundaries that were created
upon approval of the previous tract
map.Conditional Use Permit 2078-94 is required because residential lots will not have direct
access to public streets, as the developer is proposing
private streets.There are approximately 188 acres situated along either side of the Loma Street
Extension, north of Serrano Avenue, and south of Via Escola (northern city limits, between Villa
Park and
Anaheim Hills).NOTE: Environmental Impact Report 1204 was previously prepared and certified
as complete S.C.H. No. 8801211). An addendum to the EIR has been prepared as
an update.MAYOR COONTZ OPENED THE
PUBLIC HEARING.The Director of Community Development reported the zoning of the property is
PC (planned Community). There is also public facility and industrial zoning in that area. The
project was originally subdivided and zone changed in 1989 and approved for a 350
unit residential subdivision. Since 1989 Loma has been constructed, the alignment has changed in a
minor way through that area. The applicant has proposed to update the prior approval. The
updates include
CITY COUNCIL MINUTES JANUARY 10, 1995
13. PUBLIC HEARINGS (Continued)
317 units which is less than the 350 previously approved. The estate lots are now located west of
Loma, the area east ofLoma is predominately single family residential with 8-9,000 sq. ft.
lots.There is a small area on the east side ofLoma which has the opportunity to develop
40 condominiums or apartment units, which is uncertain at this point in time. The
Planning Commission approved the
project.Speaking in
favor:Pat Buttress, Southern California Edison, 531 E. Chapman, introduced Robert Mickelson, 328
N.Glassell. Mr. Mickelson described the changes on a tract map wall exhibit. Mr.
Mickelson referred to 6 lots, 20,000 ft or larger be transferred into the City of Villa Park at the time the
City boundary is realigned, to place the boundary at the north edge of Cerro Villa Drive so all of
Cerro Villa Drive is in Villa Park. A signal on Loma at the Crest de Ville entrance has been
approved and will be installed when the other signals on Loma are installed. A builder has not been
selected and the start date of construction would begin with grading next spring and
construction following that, 6-9
months away.Regarding Mabury Ranch concerns outlined in the transmittal letter from
the Planning Commission were: 1) The tract connecting street to Serrano should be realigned to
intersect with Orange Park Boulevard. They approach the County for a trade of property at
the southeast corner of the project to create a 4-way signalized intersection for access to
the southeast portion of the tract. If this can be accomplished with the County before
grading commences, Edison would listen to the proposal and perhaps come back with a revised map.
2) Heavy grading equipment should be required to come in offLoma and not use Serrano - this was agreed
to by Edison. 3) Nuisance water into Mabury Ranch - Edison has offered to discuss this problem
and participate to a reasonable degree with construction of a drain which should have been put in
with the original tract. 4) The storm water flowing into the green belt would not exceed the
current 216 cubic ft per second and it was agreed it will not be
increased.Bob Bennyhoff, 10642 Morada Dr., spoke in support and urged the Council to consider
Mabury Ranch Homeowners
concerns.Tom Broz, 6306 E. Bryce, representing the Board of Directors of Mabury Ranch, outlined
the following written conditions of approval: 1) All heavy construction vehicles be limited access
to Serrano until the final grading is completed. 2) No increase in storm water runoff as a result
of this project. 3) Nuisance water into the green belt area - open for discussion regarding this.
Speaking in opposition:
Juan Pablo Serrano-Nieblas, commented there are no mitigating circumstances in the plans
against building homes under or near the high voltage
lines.Mr. Mickelson responded there are additional setbacks from the power lines that are
significantly greater than the original design. The jury is still out on whether there is harmful
effects.Page
CITY COUNCIL MINUTES JANUARY 10, 1995
13. PUBLIC HEARINGS (Continued)
Speaking in a neutral position:
Barbara DeNiro, 1118 E. Adams, asked questions regarding the number and types of units in the
project. The Director of Community Development answered the questions.
The Traffic Engineer indicated there was no intent of posting Loma at 45 mph. It was suggested
as an interim measure, post what has been established as the speed limit on the street now which
is 40 mph. Then, go back and conduct the survey. Return to Council with the results and
establish the speed limit. It was also noted all four signals on Loma, Via Escola, Serrano, Taft
and E-Street will be installed at the same time, within 12 months or
sooner.Councilman Slater requested the estate homes in the tract have an option of a rolled curb to
curb with no sidewalks. Mr. Mickelson felt this was acceptable as an
option.Joe Pelka, P. O. Box 4453, Orange, expressed concern regarding the nuisance water in
Mabury Ranch be added as a condition of
approval.THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE
PUBLIC
HEARING.
MOTION
SECOND
AYES Coontz
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
accept the addendum to EIR 1204, which was prepared in compliance with CEQA Guidelines. It
was found that the project will not have a significant adverse impact on the environment or
wildlife resources.MOTION SECOND
AYES
Coontz
Spurgeon
Murphy, Barrera,
Mayor Coontz,
Spurgeon, Slater Approve Zone Change 1172-94
as outlined in Planning Commission Resolution No. PC-44-94.MOTION SECOND
AYES
Coontz
Barrera
Murphy, Barrera,
Mayor Coontz,
Spurgeon, Slater Moved to approve Tentative Tract
Map 15027 as outlined in Planning Commission Resolution No. PC-45-94 with
the following conditions: 1) Storm water runoff of 25 year rainfall will not exceed the existing
216 cfs. 2) Nuisance water into the greenbelt - control of this be negotiated between the developer and
Mabury Ranch Homeowners Association. 3) Access by Serrano be Page 26
CITY COUNCIL MINUTES JANUARY 10, 1995
13. PUBLIC HEARINGS (Continued)
prohibited from construction traffic for heavy equipment and grading equipment. 4) Traffic
signal at E Street and Loma be put into operation at the time that the signals are installed at Via
Escola, Serrano and Taft. 5) Developer have the option of installing rolled curbs and eliminate
sidewalks in the Estate lots west ofLoma.
MOTION
SECOND
AYES
Spurgeon Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to add
the following conditions to approval of Tentative Tract Map 15027: 6) Enter into negotiation to solve
the nuisance water problem. 7) Monitor the traffic speed on Loma with a study to determine
whether the speed needs to be reduced.MOTION SECOND AYES
Coontz
Murphy
Murphy,
Barrera, Mayor
Coontz,
Spurgeon, Slater Moved to approve Conditional Use
Permit No. 2078-94 as outlined in Planning Commission Resolution No. PC-46-
94.TAPE 2 -
1351 13.2
CONDITIONAL USE PERMIT 2083-94, RUTH BARRIOS,WILLIAM AND GENEVIEVE
SOUTHGATE: (C3300.0)Time
set for a public hearing on petition by Ruth Barrios, William and Genevieve Southgate to consider
approval of an "Accessory Second Dwelling Unit" as an addition to an existing dwelling unitintheR-l District. Subject property is located at 390 North Maplewood.
NOTE: This project is categorically exempt from the California Environmental Quality Act
CEQA) per State CEQA Guidelines Section 15303.
Councilman Slater abstained from voting on this issue due to interests in property in the area.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
The Director of Community Development reported the proposed project is a granny flat with 612
square feet in size and is proposed to be a building addition on the property.
Speaking in favor:
Genevieve Southgate, 1102 Timerline Lane, Santa Ana
Page 27
CITY COUNCIL MINUTES JANUARY 10,1995
13. PUBLIC HEARINGS (Continued)
Speaking in a neutral position:
Barbara DeNiro, 1118 E. Adams, asked what an accessory second unit was and if this is in
addition to the existing dwelling or separate.
The Director of Community Development explained the accessory second unit concept and
indicated the unit is attached to the building.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION - Murphy SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon ABSTAINED - Slater Moved
that this project
is categorically exempt from CEQA Guidelines Section 15303.MOTION - Murphy SECOND - Barrera
AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon
ABSTAINED - Slater Moved to approve Conditional Use
Permit No. 2083-
94 as outlined in Planning Commission Resolution No. PC-39-94.14. PLANNING
AND ENVIRONMENT - None
15. ORAL PRESENTA nONS Barbara DeNiro,
1118 E. Adams, expressed
the following comments:Unhappy with Bob Bennyhofl's comments
regarding investing.Ordinance 1-95- requested explanation. The
Director of Community Development eXplained the purpose is to have the
Planning Commission hold public hearings on all alcoholic beverage sales applications as opposed to the
duties being split by the Zoning Administrator, having one body hear the application. The Alcoholic
Beverage Control applications will go directly to the Planning Commission and on appeal to
the City Council, with the exception of alcohol being sold at gas stations.Because the 4:30
p.
m. Session is running into the 7:00 p.m. session, perhaps someone could have dinner before with a short
break between session.The Home Depot yearly payments
were clarified by Councilman Murphy.Page 28
CITY COUNCIL MINUTES JANUARY 10, 1995
15. ORAL PRESENTATIONS (Continued)
Ms. DeNiro noticed the pallets stacked behind Lucky Market located on Collins Avenue werestackedtoohighandisasafetyhazard. Mayor Coontz directed the City Manager to investigatethesituation.
Juan Pablo Serrano Nieblas, 224 N. Olive St., requested rescinding the law against bicycling onthesidewalkbeplacedontheAgenda.
Mayor Coontz indicated the City Attorney and Police Department will address this request.
RECESS
MOTION
SECOND
AYES
Barrera Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon Slater Moved to
recess at 8:49 p.m. to Closed Session outlined on page 23.6. ADJOURNMENT
MOTION SECOND
AYES
Murphy
Barrera
Murphy,
Barrera, Mayor
Coontz, Spurgeon, Slater The City Council adjourned
at 9:55 p.m. to an Adjourned Regular Meeting, January 17, 1995 at 4:00 p.m. in the Weimer Room to discuss the budget.hdft~~ ~MARILYN 1. NS ,
cM'
c CITY CLERK 7"7;?/"
i .. ....". I
I/'
A
f j,.! /L.;
t>X.LL/.<<-[.'f?'JOANNE C. COONTZ //MAYOR Page
29