03-28-1995 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 28, 1995
The City Council of the City of Orange, California convened on March 28, 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 Regular Meeting
March 14, 1995.MOTION - Murphy
SECOND - Barrera AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater ACTION: Approved.1.4 PRESENTATIONS/
ANNOUNCEMENTS/INTRODUCTIONS
Mayor Coontz announced the Council
meeting would be adjourned as a Memorial Adjournment in honor offormer Mayor
Gene Beyer.Marilyn J. Jensen, City Clerk
was presented Resolution No. 8460 honoring her for thirty years ofloyal and dedicated service
to the City.1.5 PROCLAMATIONS Proclamation honoring
Sons of Norway
for their "Sails for Humanity" walk-a-thon was presented to Mark
Aarvig and Sherrill Swenson.2.CONSENT CALENDAR
TAPE 332 2.1 Declaration
of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of
March 28, 1995 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.PAGE 1
CITY COUNCIL MINUTES March 28, 1995
2. CONSENT CALENDAR (Continued)
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office ofthe City Clerk.
2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment
of demands.
ACTION: Approved.
REMOVED AND HEARD SEP ARATEL Y)
2.3 Request Council accept Treasurer's Report for February, 1995. (C2500.F)
FISCAL IMPACT: None.
Councilman Spurgeon recommended this item, in the future, not be placed on the Consent
Calendar but under Administrative Reports. Mayor Coontz also added the County
Investment Pool Reports to be placed on future Agendas.
Councilman Spurgeon asked the Finance Director, under the Passport Accounts, to
explain the categories and if the 77 cent figure was used for the accounts? The Finance
Director eXplained the report is based on the prinicple deposit the City has had with the
County of Orange since December 6, 1994, which was 28.2 million dollars. Since that
time, through February 28th, the City withdrew from the pool 4.6 million dollars of the
TRAN. There was also approximately $500,000 of other miscellaneous debt pulled out of
the pool. The issue now regarding the pool and the amount the City will settle for does
not reflect in this at all. If that loss happens, it happens and will be recorded in the month
of March. This report actually reflects what is assumed to be full 100% value of the 28.2
million dollars.
The Finance Director suggested future reports could differentiate between State pool
LAIF) versus County pool in order to show where the deposits are located.
MOTION - Barrera SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Received and
filed. Also, this item to be placed under Administrative Reports in future agendas.
2.4 Request
Councilapprove Surety Bond and authorize payment of G.M.A. No.3 Funds in the amount of $
188,000.00 to Pacific Ridge Partners for completion of Loma Street improvements. (A2100.0.
Agr.2320)FISCAL IMPACT: None.
ACTION: Approved.PAGE
2
CITY COUNCIL MINUTES March 28, 1995
2. CONSENT CALENDAR (Continued)
2.5 Request Council authorize the purchase of the house and property at 1432 Cannon Street
for $235,000.00 plus escrow expenses. (A2100.0.Agr.2370)
FISCAL IMPACT: Funds need to be appropriated in the amount of $240,000.00 from
Fund No. 272, Unappropriated Reserves.
ACTION: Authorized Mayor and City Clerk to execute all escrow and related papers to
consummate the purchase of this property on behalf of the City.
2.6 Request from Renata Cerchiari for encroachment permit for tables and chairs at 22 and 26
Plaza Square for establishment ofa coffee house. (C2500.M.14)
FISCAL IMPACT: None.
ACTION: Approved.
2.7 Request for 'All-Way' STOP's at the intersections of Springfield Ave. at Roxbury St.,
and Regency Ave. at Roxbury St. (S4000.S.3.
3)FISCAL IMPACT:
None.ACTION:
Denied.REMOVED AND HEARD SEP ARATEL
Y)2.8 Request for 'NO PARKING AT ANY TIME' restrictions on both sides of Taft
Ave.between the Santa Ana River and Batavia St. for the installation of marked bike lanes
and for the installation of bike lanes on Batavia St. between Taft Ave. and Lincoln
Ave.Note: letter of opposition received from DesWer's, located on Taft
Avenue.)S4000. S.3.1.
1)FISCAL IMP ACT: None. The County of Orange has agreed to provide funding for
the striping, signage and bicycle push-
button installations.Mayor Coontz reported that Todd DesWer's letter of complaint indicated there
is an alternative to the bike path along
Taft Avenue.Mayor Coontz asked the following: 1) Is this the best route? 2) What is the
other route?The Director ofPublic Works/City Engineer reported there is no other route.
What is referred to in Mr. DesWer's letter are two plans. One would be the bike way
as presented with parking restricted for at least the duration of the temporary detour. The other
plan is to have a combined parking area and bikeway. The Traffic Commission's
concerns were that because of the detour of the Santa Ana River Route onto City streets,
there are significant volumes of bicycle traffic. This detour will be in place
through November,
CITY COUNCIL MINUTES March 28, 1995
2. CONSENT CALENDAR (Continued)
1995 and will encompass the peak usage of the river trail. Mr. Deshler indicated he was
willing to acquiesce on the parking restriction for the duration of the detour, but did not
want to see that in place on a permanent basis, at least without further review by the
community and Council. There is an urgency on this request because the County needs to
have this in place so they can proceed with the work in the channel.
The Traffic Commission felt the Master Plan of Bikeways would be in place during this
time period and the prohibition of parking is a safer alternative in a combined lane.
Mayor pro tem Barrera announced that after meetings with both staff and affected
property owners, the following motion was given:
MOTION - Barrera SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Moved that
Council amend the recommendation of the City Traffic Commission to indicate
that this parking removal will only be in place during the detour of the river trail.
Furthermore, that Council direct staff to study the existing bicycle usage of Taft: Ave. and
present the results of this study to Council in June or July when the Bikeways Master Plan
is anticipated to be before Council. At that time Council would be able to determine
whether or not Taft Avenue should be included on the Bikeways Master Plan and also
if any parking restrictions are warranted.REMOVED AND HEARD
SEPARATELY)2.9 Request
for the installation of a traffic signal at the intersection of Walnut Ave. and Rancho Santiago Blvd. (
S4000.S.3.3)FISCALIMP ACT:
The No. 250 Traffic Safety Fund will provide for signing and striping.Funding for a
Police Officer or a Crossing Guard will require an appropriation of 5,740.00
per year from Unappropriated Reserves of Traffic Safety Fund No. 250 into Fund No. 250-
4041-413102.Mayor
Coontz commented this issue related to traffic problems at Rancho Santiago Middle
School and asked what is the responsibility of the school as far as the students are concerned
for the education of the students so they will properly use the crosswalks.The
Director of Public Works/City Engineer indicated Traffic Engineers always promote education,
enforcement and engineering in dealing with this type of problem. Particularly with
middle schools and high schools, trying to control the behavior of students once they leave
the school grounds is limited. The schools do exercise prudent control over their students
on the school grounds. The local jurisdiction is to provide traffic safety facilities when
an identified need is established and this recommendation provides that approach.PAGE
4
CITY COUNCIL MINUTES March 28, 1995
2. CONSENT CALENDAR (Continued)
MOTION - Mayor Coontz SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Denied request
for a traffic signal, and approved the installation of crosswalks.a 'RIGHT TURN
ONLY' lane, and a crossing guard. The City Manager was instructed to draft a letter
for the Mayor's signature regarding concerns that the responsibility should start to be
addressed by the school and the students themselves. This letter to be sent to the school principal
and the school superintendent.2.10 Request
forthe installation of an 'All-Way' STOP control at the intersection of Walnut Ave. and
Lincoln St. (S4000.S.3.3)FISCALIMPACT:
None.ACTION: Denied.
2.11
Request Council approve a Grant Deed to B.A. Properties, Inc. for a triangular shaped area containing
approximately 1,861.5 square feet and being an unused portion of the Crawford Hills
Reservoir site. The appraised sale price is $11,170.00. (D4000.0)FISCAL IMPACT:
All proceeds to be deposited in Fund No. 600-291100 - Water Fund.ACTION: Authorized
Mayor and City Clerk to execute on behalf of the City.2.12
Request Council approve a Grant of Easement to B.A. Properties, Inc. for a private driveway and
Public Utilities Easement over a portion of the Water Reservoir site located on Cliffway
Drive east of Crawford Canyon Road. (D4000.0)FISCAL IMPACT:
None.ACTION: Authorized
Mayor and City Clerk to execute on behalf of the City.2.13
CLAIMS FOR DAMAGES FROM: (C3200.0)a. MirnaPena
b. Michael
Seidenfeld FISCAL IMPACT:
None.ACTION: Denied
claims and referred to City Attorney and Adjuster.PAGE 5
CITY COUNCIL MINUTES March 28, 1995
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEP ARATELY)
2.14 Request Council approve the First Amendment to the agreement between the law firm of
Hill, Farrer and Burrill and the City for legal services provided in connection with the
City's pending eminent domain action against the property located at the northwest corner
of Main and La Veta. (A2100.0.Agr.2177.1)
FISCAL IMP ACT: Sufficient funds are available for these services in the Measure M
Turnback Fund, Account No. 762-
5011-483300-4012.Nick Lall, 6231 E. Mabury Ave., commented this item indicated the City
is hiring outside attorneys and asked if this issue could not
be handled in-house.The City Attorney reported this contract was entered into a year and a
half ago with this firm and at that time the City Manager had authority to enter into contracts
up to $30,000.The City Manager retained the services of this firm for real estate,
land use and eminent domain matters. This firm has billed over a period of a year and
a half up to approximately $20,000 and is nowinvolved in the
LaVeta/Main condemnation action,which will go over $30,000 before the case is finally tried and is
the reason for this recommendation. There are attorneys on staff that handle most of
the general matters of municipal law. However there are certain areas where special
expertise is needed because of complex litigation. There are five outside firms being used by the
City that have one case each
because of special expertise.Mr. Lall asked if there was a price limit
and the hourly rate?The City Attorney indicated, 1) the City staffwill control the services,
2) any amount over 30,000 is budgeted and approved by Council and 3) the agreement
can be terminated for any reason at any time. The hourly
rate is $150.
00.MOTION - Spurgeon
SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon,
Slater ACTION: Moved to authorized Mayor and City Clerk to execute on behalf of the
City.2.15 Request Council authorize receipt of California State Library Public Library Funds in
the amount of $40,243.00 and allocate to Fund 200-2001-
443102 (LibraryBooks-
PLF Grant). (C2500.I)FISCAL IMPACT: This award of will augment the Library's
budget to purchase library materials. No matching funds from
the City
are required.ACTION: Approved.2.16 Request Council authorize Police Department's use of the
Police Department property van for the Baker to Vegas
relay race. (
CITY COUNCIL MINUTES March 28, 1995
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: None.
ACTION: Approved.
2.17 Request Council approve a lease agreement with the County of Orange General Services
Agency for space to install a radio antenna and other radio equipment at the Loma Ridge
Communications Center. (A2100.0.Agr.2371)
FISCAL IMPACT: No impact on the General Fund this fiscal year. The lease payment
and application fee will be paid from the budget of the mobile computer project.
ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.
REMOVED AND HEARD SEPARATELY)
2.18 Request from "Fat Man" Productions to close the Plaza and spoke streets to conduct a
one-day antique auto show for charity on Sunday, April 23, 1995. (P1300.0.
9)FISCAL IMPACT:
None.Will Fitzpatrick, Fat Man Productions, 18552 Spring Street, Orange, announced the
car show would close the plaza area and would benefit all the businesses. There is no food
or drink. It is a family oriented show. The show is being held for the Adam
Walsh Foundation. Mr. Fitzpatrick has produced other similar shows in Riverside and
Corona.No problems have occurred. They police their own people and take care of their
own
trash.The Police Chief reported they would probably be present if there was a large crowd
due to the public event. Because this is occurring on a Sunday, a police officer would be
hired on overtime to monitor the event. The Police Chief commented he has been assured
that from a police perspective there will be no traffic problems due to the blocking of the
plaza.Katy Drumm, 118 S. Glassell, President of the Downtown Merchant's Association
spoke to 33 merchants in the area and approved of this event. There were four noes
from merchants and Ms. Drumm discussed this with them. This event will promote
downtown Orange and the
businesses.Councilman Murphy commented this particular event will not compete with the
businesses in the downtown area. On Tuesday nights there has been a casual car cruise
behind Omega Burger on Chapman Avenue and no problems have arisen. People that
are involved in car restorations show mutual respect for the areas they visit. There are
also adequate deposits by the promoter to ensure the security and
cleanup.PAGE
CITY COUNCIL MINUTES March 28, 1995
2. CONSENT CALENDAR (Contiuued)
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve
the closure of the Plaza, Sunday, April 23, 1995.MOTION - Mayor Coontz
SECOND - Slater AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater Moved to instruct the Director of
Community Development, under direction of the City Manager to coordinate discussion with department
staff and downtown merchants and reporting to Council on the policy
of procedure for future events. Some of the questions to be answered are to include:
How many events a year, minimum or maximum should there be? Are there any possible
conflicts with the businesses? What is the application and notification process - can it be
improved? Does it initially require full and complete details of the planned activity so staff
can understand all the aspects? Are the requirements of all the City Departments fully
described and who is responsible for all the costs?2.19 Request authorization to approve
a
HomeownerParticipation Program Grant and authorize the Treasurer to prepare a warrant
in the amount of $2,000.00.C2500.G. 1.3. 1)FISCAL IMPACT:
Funds are available in Account
No. 316-6053-427800-1221 Homeowner Participation Program). Case
No. 582.ACTION: Approved.2.20
RESOLUTION NO.
8462 A Resolution of the
City Council of the City of Orange upholding the recommendation of the Planning Commission of
the City of Orange granting a Conditional Use Permit to allow project to be
developed as a planned unit development and the creation oflots without direct access to
public streets upon property located on the north side of Santiago Creek between Tustin Street
and Rosewood Avenue. (C3300.0)Conditional Use Permit 2088-
94 Van Daele Development
Company ACTION: Approved.PAGE
8
CITY COUNCIL MINUTES March 28, 1995
2. CONSENT CALENDAR (Continued)
2.21 RESOLUTION NO. 8463
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 a Tentative Tract Map to
subdivide the subject site into 44 lots for the phased development of a 160 dwelling unit
development located on the north side of Santiago Creek between Tustin Street and
Rosewood Avenue. (T4000.0)
Tentative Tract 15053
Van Daele Development Company
ACTION: Approved.
2.22 RESOLUTION NO. 8464
A Resolution of the City Council of the City of Orange finally accepting the completion of
a certain public work and improvement. Bid No. 934-17. (A2100.0.Agr.
2215)ACTION:
Approved.2.23 RESOLUTION NO.
8466 A Resolution of the City Council of the City of Orange expressing appreciation
to Detective Christopher A. Griffith of the Orange Police Department and commending
him for his more than twenty-one years ofloyal and dedicated service. (
C2500.K)
ACTION: Approved.MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Items
2.3,2.8,2.9,2.14 and 2.18 were removed and heard separately; all other items on the
Consent Calendar were approved as recommended.END
OF CONSENT CALENDAR 3.
REPORTS FROM MAYOR COONTZ Orange
County Investment Pool- Mayor Coontz reported as a member of the Eastern Transportation
Corridor Agency she attended a closed session on the pool on March 27, 1995 at 7:
30 a.m. followed by a session open to Mayors, City Councilmembers, City Managers and Finance
Directors at noon that day. The question of the pool and the closure and decisions of the PAGE
9
CITY COUNCIL MINUTES March 28, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
cities is still a moving target. Changes happen from hour to hour. This City Council will have an
Executive Session to discuss the latest information and a decision will be made before April 17,
1995.
The City Manager acknowledged the bankruptcy issue is a moving target and there have been
hundreds of meetings held on this issue.
4. REPORTS FROM COUNCILMEMBERS - None TAPE
1565 5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 5.
1 Reappointment of the following members to the Orange Couuty Housing Authority OCHA),
term to expire March 31, 1997: (ORI800.0.3.2)Darlene
R. Chandler and Mary Ellen Laster MOTION
SECOND
AYES
Barrera
Murphy Murphy,
Barrera,
Mayor Coontz, Spurgeon, Slater Approved.5.2
Appointment
of the following members to the StafTHome Improvement Committee,terms to expire
June 30, 1995: (OR1800.0.8.3.2)Jim Brogan Jess
Garcia Ross
Seymour Bob
Bennyhoff, 10642
Morada Dr., asked what this committee did?The City Manager
indicated it was part of the housing set aside program.MOTION SECOND AYES
Murphy
Spurgeon
Murphy,
Barrera,
Mayor Coontz,
Spurgeon, Slater Approved.PAGE 10
CITY COUNCIL MINUTES March 28, 1995
6.ADMINISTRATIVE REPORTS TAPE 1595
6.1 ASSESSMENT DISTRICT NO. 90-1, (CRAWFORD CANYON
ROAD),CITY OF
ORANGE:Time set for the first public meeting on petition by the City of Orange to take proceedings
to provide for a modification in the boundaries of the Assessment District and to provide for
a reallocation of the costs and expenses to properly reflect the benefits received based upon
current land use and allowable development. The District is generally located between Crawford
Canyon Road on the west, Orange Park Acres on the east, Creekside Avenue on the south and
Patria Court on the north. (nl 00.0.
1 )Mayor Coontz announced the purpose of the meeting is required pursuant to the "
Municipal Improvement Act of 1913." This is the time and place set for the first of two public
meetings relating to proceedings for changes and modifications to Assessment District 90-
1 (Crawford
Canyon Road).The Deputy City Clerk announced the notice of public meeting the public hearing is to
be held April 11, 1995 and has been given as required by law as follows: I) Publication of the
Notice of Public Hearing, 2) Mailing of notice to property owners within the District, and
3) Filing amended boundary map in the office of
County Recorder.The City Engineer gave the presentation which covered the purpose of the
public hearing,described changes, modifications and boundaries of the District. The intent ofthis district
is to spread the original assessment over a larger area thereby reducing the assessment and
making it more acceptable from a development standpoint. The method of distribution for
the assessments is on the basis of traffic generated by the individual homes. The City Engineer
announced no protests had
been received.Angel Lucero, representing WilIdan and Associates, explained the total assessment lien
is depicted in the Engineer's Report. The annual assessment expected to be received on the property
tax bill per year is approximately 10 percent of the total assessment amount. For example, the
first single family detached unit with a $15,000 assessment there would be a $1600.00
annual payment amount
per year.There were no speakers in favor or
in opposition.Mayor Coontz announced no action would be taken at this time. The public hearing
is scheduled for April 11, 1995 at 7:00
p.m.
CITY COUNCIL MINUTES March 28, 1995
6.2 LANDSCAPE MAINTENANCE DISTRICT NO. 94-1, FORMATION AND
LEVY OF ASSESSMENTS FOR COSTS OF MAINTENANCE AND IMPROVEMENTS,
CITY OF
ORANGE:Time set for the first public meeting on petition by the City of Orange to consider the formation
of Landscape Maintenance District No. 94-1 and levy of assessments for costs of
maintenance and improvements. The District is generally located along Santiago Creek between
Cambridge Street and Tustin Street. (L1200.0.
LMA 94-1)Mayor Coontz announced the purpose of the meeting is required pursuant to
the "Landscape and Lighting
Act of 1972".The Deputy City Clerk announced the notice of this public meeting and the public
hearing to be held April 11, 1995 was mailed to the affected property owners as
required by law.The City Engineer reported the area to be maintained is comprised of Lot E, F and
C of Tract 14752. It consists of ornamental shrubs, habitat, natural ground cover,
irrigation system, bike trail and some soil cement. This landscape district is a condition of the tract; that it
have an open space area and be maintained by the tract. The assessment will be levied on Lot
3, the large contiguous open space to the north of the channel area. It comprised of
160 residential units.The assessment has been established to determine the annual maintenance
costs, which is projected at $47,104.00. The method of assessment is to distribute the cost among
the 160 units.However, a larger assessment of2% is given to the homes that back up to the
open space because they were determined to have somewhat greater benefit than the interior
tract. Thirty-six units will be assessed $298.95 per year and the remaining 124 residential units in
the interior of the tract will pay an assessment of$293.08 per year.
No protests were received.Councilmembers commented that homebuyers should know up front
what the assessments are when considering the purchase of a
home in the district.There were no speakers in
favor or in opposition.Mayor Coontz announced no action will be taken at this time. The public
hearing is scheduled for Aprilll, 1995 at
7:30 p.m.7. REPORTS FROM
CITY MANAGER - None 8.LEGAL
AFFAIRS TAPE 2285 8.1
ORDINANCE NO. 5-95 An Ordinance of the City Council of the City of Orange amending Chapter 2.50 of
Title 2 of the Orange Municipal Code redesignating the Investment Advisory
Committee as the Investment Oversight Committee. (
ORI800.
0.
27.
16)MOTION
SECOND AYES
Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon,
Slater PAGE
CITY COUNCIL MINUTES March 28, 1995
8. LEGAL AFFAIRS (Continued)
That Ordinance No. 5-95 have second reading waived and be adopted and same was passed
and adopted by the preceding
vote.8.2 ORDINANCE NO.
8-95 An Ordinance of the City Council of the City of Orange amending Section 17.90.080
of the Orange Municipal Code approving a Zone Change Request to allow the
reclassification of property located at 455 South Main Street (Children's Hospital of Orange County)
from O-P Office-Professional District) to P-I. (
public Institution District). (
AI500.0)Zone Change 1173-94 Haynes
and
Oakley
Architects (
representing Choco
Realty)
MOTION SECOND AYES Barrera Murphy Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater That Ordinance No. 8-95 have first reading waived and same was set
for second
readingby the preceding vote.
8.3 ORDINANCE NO. 9-95 An Ordinance of the City Council of the City of Orange amending
Section 17.90.080 of the Orange Municipal Code approving a Zone
Change request for modifications to Development Standards contained within the Sycamore
Crossing Planned Community text upon property located on the north side of Santiago Creek
between Tustin
Street and Rosewood
Avenue.ZI500.0)Zone
Change
1174-
95
Van Daele
Development
Company MOTION SECOND AYES Barrera Murphy Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 9-95 have first reading waived and same was
set for
second reading by the preceding vote.10. RECESS TO THE
MEETING OF THE
ORANGE REDEVELOPMENT AGENCY 11. ORAL PRESENTATIONS Barbara DeNiro, 1118 E. Adams, commented the bike lanes
on Cambridge Street which is posted no parking from 7:30 to 9:00 a.m. and 2:30 to 4:00 p.m. At
Cambridge, Yorba and Taft: there are parents parking on the street
picking up
CITY COUNCIL MINUTES March 28, 1995
11. ORAL PRESENTATIONS (Continued)
Mrs. DeNiro complained yesterday someone leveled off the sidewalk in front of her home because
of a raised portion. The curb and the low spot in the street has not been fixed. Mrs. DeNiro's
neighbor asked why her sidewalk was not fixed. Across the street from Mrs. DeNiro there are
two raised areas on the sidewalk that are dangerous.
Mrs. DeNiro commented that if the downtown merchants would reduce their prices or have a sale
they would be able to sell more merchandise and business would improve.
Mrs. DeNiro asked what happened to the ten million dollar deal with the County?
Mayor Coontz commented it is still being negotiated, but because of the County Investment Pool
problems it is being held up.
Mrs. DeNiro remarked when she was on the Traffic Commission years ago, it was her
understanding that when a change of use was done on Peralta Jr. High School, Canal Street
would be realigned and this did not happen - why?Mayor
Coontz responded the Traffic CommissionlPublic Works changed their minds on the plan.Mrs.
DeNiro reported a street light out on the corner of California and Adams.Nick
Lall, 6231 Mabury Ave., asked why the Investment Report that was promised to be on the Agenda
each meeting has not been on for the last several meetings?Mayor
Coontz indicated it will be on the agenda for future meetings.Mr.
Lall referred to Mr. Jeffer's report indicating there was an express authorization to invest in the
County Investment Pool despite the knowledge that the pool had invested in reverse repurchase
agreements. Mr. Lall referred to a memo he thought was from the City Manager wherein
it stated this response to the question is found in Mr. Jeffer's final report. Mr. Lall could not
find it and wanted to know the answer to his question.The
City Manager answered in 1991 the Council specifically authorized the City to invest City funds
in the County Pool. Mike Jeffers has put in his report an opinion that what the City did was in
concert and was not in violation of the City's policy.Mr.
Lall commented he would review the minutes and tapes.Mr.
Lall noticed the wording on the agenda that announced a lack of anticipated quorum for the 7:
00 p.m. Session.Mayor
Coontz indicated this wording will be changed with other issues to be placed on the agenda
as soon as possible. The agenda is at the purview of the Mayor, City Council and City Manager.
PAGE
14
CITY COUNCIL MINUTES March 28, 1995
11. ORAL PRESENTATIONS (Continued)
Geneva Fulton, 1801 N. Greenleaf, asked regarding the homebuyers program, when there is a
second and they falter, who guarantees the loan, the second, the City?
The Director of Community Development commented this has not happened to date.
Barbara DeNiro, 1118 E. Adams, asked how many loans have been lent at the maximum amount.
The Director of Community Development will contact Mrs. DeNiro with the information.
MAYOR COONTZ-ADJOURNMENT
NOTICE Mayor Coontz read the following letter to Mrs. Lois Beyer: "It is with deep sadness and a
feeling of great loss that we, the Mayor and City Council of the City of Orange, adjourn this meeting
in fond remembrance of Gene Beyer, former Mayor of the City of Orange who passed away
on Wednesday, March 15, 1995. Gene was a faithful servant to the residents of Orange and
a devoted husband, father and grandfather. He was elected to the Orange City Council beginning
in 1980 and served as Mayor for two terms from 1990 to 1994. He left a lasting impression on
three generations of students in the Orange Unified School District and was a favorite teacher
of thousands. The 118,000 residents of the City of Orange and City staffwill miss his
generous spirit and his warm sense of humor and we are grateful for the important part he played in
making Orange a better place in which to live. We salute a fine man. This adjournment will take
place the 28th day of March, 1995 in memory of Gene Beyer." (C2500.D.
l)Mayor Coontz further commented the funeral was beautiful and well organized with
great assistance from the City of Orange departments. It was a very comforting funeral for all
those who attended, the relatives, the staff members, the City Council and
friends.12.
RECESS
MOTION
SECOND
AYES Spurgeon
Murphy
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The
following item arose after the posting of the Agenda and was added for discussion in Closed Session:
Claim of Kenneth Black Jr. and Bertrum Partners pursuant to the Court Claims act under
pending litigation.The
City Council recessed at 6: 15 p.m. to a Closed Session for the following purposes:a.
Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(
a):N.J.
P. EnterDrises. Inc. vs. City of Oranl!e, Orange County Superior Court Case No. 74 39 55 In re
the Bankruptcy Petition of County of Orange, U. S. Bankruptcy Court Case No. SA 94-22272 PAGE
15
CITY COUNCIL MINUTES March 28, 1995
12. RECESS (Continued)
In re the Bankruptcy Petition of Orange County Investment Pools, U. S. Bankruptcy Court
Case No. SA 94-
22273 b. Conference with Legal Counsel - anticipated litigation.
Initiation oflitigation pursuant to Government Code Section 549569(c) (one potential case).
c. 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: There was no 7:00 p.m. Session.
13. ADJOURNMENT
MOTION
SECOND
AYES
Murphy
Mayor Coontz Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City
Council adjourned at 7:55 p.m. in memory offormer Mayor Gene Beyer to an Adjourned Regular
Meeting on April 4, 1995 at 4:30 p.m. regarding the Community Development Block Grant
Program and Forest City-Prospect Apartments.MARILYN
J. JENSEN MARILYN
J. JENSEN, CMC CITY
CLERK j (
I}1_ (
A;tJ;~d-CASSANDRAJ.
qAJHCART, CMC DEPUTY
CITY CLERK PAGE
16