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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