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04-25-1995 Council MinutesCITY COUNCIL MINUTES OF AREGULAR MEETING ORANGE, CALIFORNIA April 25, 1995 The City Council of the City of Orange, California convened on April 25, 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 Mayor Coontz asked for a momemt of sileuce in remembrance of the Oklahoma disaster. 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG Given by Councilman Dan Slater 1.2 ROLL CALL PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - None 1.3 APPROVAL OF MINUTES Regular Meeting April 11, 1995.MOTION - Barrera SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.Adjourned Regular Meeting April 17, 1995.MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS a. Resolution No. 8447 was presented to Police Officer, Derek Cook and "Rudy" of the Orange Police Department expressing appreciation and commending "Rudy" for more than five years ofloya1 and dedicated service.b. Presentation to Doubletree Hotel, City of Orange, honoring their recent award from the State of California Waste Reduction Award Program ( W.R.A.P.) for recycling efforts.PAGE 1 CITY COUNCIL MINUTES April 25, 1995 1.4 PRESENTA TIONS/ANNOUNCEMENTS/INTRODUCTIONS (Continued) c. Recycler of the Year Award was presented by Nancy Gee, Recycling Coordinator, to City Employee, AI Medina. The following employees were runners-up: Ann Bland, John Mahoney, Lisa Mattert, Jim Reichert, Danny Saucedo, Jim Slobojin and Sherry Stone.d. National Arbor Day's Tree City USA Award was presented to the City of Orange by Linda 1. Romero, Urban Forester, Department of Forestry and Fire Protection.1.5 PROCLAMATIONS a. A proclamation was presented to William Cathcart, President of Orange For Trees, a non-profit organization, proclaiming April 28, 1995 as Arbor Day in Orange.b. A proclamation was presented to Stan Caesar, Assistant Manager of the Employment Development Department, State of Cali fomi a, proclaiming May 7-13, 1995 as "Hire a Veteran Week" in Orange.c. A proclamation was presented to Don Saltkiov representing the Orange Chamber of Commerce, proclaiming April 30 through May 6, 1995 as Small Business Week in the City of Orange. (R3500.0)d. A proclamation was presented to Jim Spear on behalf of Susan Corrales-Diaz, Present of Systems Integrated, honoring her for her contributions and successes in the small business community. (R3500.0)e. A proclamation was presented to Paul Cleary, representing R. 1. Noble andJohn Dettbarn, representing TR W, honoring them for their participation with the Orange Economic Development Partnership and contributions in ensuring and enhancing the economic vitality of the City of Orange. (R3500.0)2. CONSENT CALENDAR TAPE 962 2.1 Declaration of Deputy City Clerk Cassandra J. Cathcart declaring posting of City Council agenda of a regular meeting of April 25, 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.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands. CITY COUNCIL MINUTES April 25, 1995 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.3 Request approval of receipt of a check from Bergen Brunswig Corporation in the amount of$I,500 as a donation in support of the Orange Police Department. (C2500.K) FISCAL IMP ACT: Funds to be deposited in Account No. 100- 4031- 449600-2305 Donations).The City Council acknowledged and thanked the Bergen Brunswig Corporation for the 1500 donation. MOTION - Spurgeon SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved. REMOVED AND HEARD SEP ARATEL Y) 2.4 Request from the Orange Chamber of Commerce to consider amendments to the City sign ordinance to allow "banners" and "A-Frame" signs on a year-round basis. ( A2500. 0 Advertising-Outdoor) FISCAL IMPACT: None.Mayor Coontz asked will there be Code Enforcement staff with the ability to follow up on these changes?The Director of Community Development reported this item will go to a public hearing and the Mayor's question will part of the public hearing process.Carole Walters, Shaffer St. (Mrs. Walters did not want to provide her address),commented in opposition to the A-Frame signs because they are on the sidewalk and are dangerous to pedestrians. She asked who will be liable when people fall on the sidewalks,stating that it's hard to even walk in the downtown area because of the signs.The Director of Community Development indicated all questions and concerns will be discussed during the public hearing process.MOTION - Spurgeon SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Referred to the Planning Commission for recommendation with the inclusion of the public testimony.PAGE CITY COUNCIL MINUTES April 25, 1995 2. CONSENT CALENDAR (Continued) 2.5 Request Council approve a License Agreement with Ven-Lo Transport for a three-year period for storage of equipment on the vacant lot at 351 N. Anaheim Blvd.A2100.0.Agr. 0644.D)FISCAL IMP ACT: Revenue was not included in the budget and is to be deposited in the 100-0000-252100-0000-00000 fund.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. REMOVED AND HEARD SEP ARATEL Y)2.6 Request Council approve an Award of Contract in the amount of $578,705.00 to Pima Corp. dba Advanced Construction, 938 Lincoln Blvd., Santa Monica, CA 90403, for construction of Jamboree Road medians and slope landscaping in the City of Tustin Assessment District 86-2. ( Continued from 4-11-95.) (A2100.0.Agr.2382)FISCAL IMPACT: An appropriation of $700,000.00 in Account No. 550-5011-483300-3215-00212 for the amount receivable from the City of Tustin is requested. This amount includes the contract amount plus contingencies.Mayor Coontz asked when the work will begin on Jamboree?The Director of Public Works/City Engineer indicated work will begin 30 days from today.MOTION - Barrera SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.7 RESOLUTION NO. 8474 A Resolution of the City Council of the City of Orange approving an application for grant funds for the Urban Forestry Grant Program under the California Wildlife, Coastal, and Park Land Conservation Bond Act of 1988. (C2500.M.15)ACTION: Approved.2.8 Request Council approve Amendment No.1 to City/County Agreement No. D91-242 for seismic retrofit improvements to the Glassell Street Bridge over the Santa Ana River. A2100.0.Agr.0343.L.2.1 )FISCAL IMPACT: None.ACTION: Authorized Mayor and City CITY COUNCIL MINUTES April 25, 1995 2. CONSENT CALENDAR (Continued) 2.9 Request for 'No PARKING 7:00 A.M. - 6:00 P.M., MONDAY THRU FRIDAY' on the north side of Fairway Drive in front of the Rehabilitation Institute. (S4000.S.3 .1.1)FISCAL IMP ACT: Provided utilizing No. 250 Traffic Safety funds.ACTION: Denied the subject request and approved the installation of driveway vision zones as an alternative.2. 10 Request to remove the existing mid-block school crosswalk on Orange-Olive Rd. located between Fellows Way and Glendora Ave. (S4000.S.3. 5)FISCAL IMP ACT: Provided utilizing No. 250 Traffic Safety funds.ACTION: Approved.2.11 Request to remove the existing painted crosswalk and associated red curb at 759 N.EckhoffSt. (S4000.S.3. 5)FISCAL IMP ACT: Provided utilizing No. 250 Traffic Safety funds.ACTION: Approved.2.12 Request from Chapman University for the temporary suspension of Permit Parking restriction in Area A on Saturday, May 27 and Sunday, May 28, 1995, and for closure of Walnut Ave. between Orange St. and Grand St. on Sunday, May 28, 1995 from 12: 00 noon to 3:30 p.m. for commencement exercises. (S4000.S.3.1. 2)FISCAL IMP ACT: None.ACTION: Approved.2.13 CLAIMS FOR DAMAGES FROM: (C3200. 0)a. Beanbags Plus, Inc.b. Michael Jacobs c. Candice Jacobs d. Amanda Jacobs e. Michael Andrew Jacobs f Gregory Behnke FISCAL IMPACT: None.ACTION: Denied claims and referred to City Attorney and Adjuster.PAGE CITY COUNCIL MINUTES Apri125, 1995 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.14 RESOLUTION NO. 8475 Resolution of the City Council of the City of Orange indicating its intent to provide for the issuance of multi-family housing revenue bonds in an amount not to exceed $22,000, 000 for a multi-family housing project to be developed by an affiliate of Forest City Properties Corporation. ( R3500.0)The Finance Director reported this is an inducement resolution which is a housekeeping technicality of the State and Federal legislation which requires the City to announce to the public that it intends to work with the developer to issue tax exempt mortgage revenue bonds. This resolution does not authorize any action. Over the next 45 days, the City will work with the project developer to finalize the financing details. The money is not city-issued, it is tax exempt financing through the State authority. The City is a conduit for that program. It is also not the amount of money the City is contributing toward the program; this has not been worked out. This is not a debt of the City or the Redevelopment Agency.Councilman Murphy confirmed this Resolution is an announcement, not an obligation.Any obligations the City should encumber would go through a public hearing process.Barbara DeNiro, 1118 E. Adams, asked how much it would cost to relocate the families living in the project area? Where will they be relocated? How severe is the problem on Highland and Glassell and behind the Lucky Grocery Store?Mayor Coontz responded the problems in the HigWand area are being handled by the Police Department.The Finance Director commented the relocation costs have not been determined at this time. However, the City is in the process of working with a relocation specialist through the Community Development Department.Councilman Spurgeon commented he had read many letters on this issue recently. There always has been a very aggressive code enforcement program in this area with a long history of problems. This has been a major economic blight in the community and the time is now to move forward.MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved PAGE 6 CITY COUNCIL MINUTES April 25, 1995 2. CONSENT CALENDAR (Continned) 2.15 RESOLUTION NO. 8465 Resolution of the City Council ofthe City of Orange supporting the designation of the Orange County Transportation Authority as the Metropolitan Planning Organization for Orange County. (Continued from 4-11-95.) (OC1300. D.1)ACTION: Continued to future date until the Board of Supervisors acts on this matter.REMOVED AND HEARD SEP ARATEL Y)2.16 Request Council authorize Staff to advertise for bids for construction of the Santa Fe Depot Park. (C2500.M. 4.17)FISCAL IMPACT: Funds are available for this project in the following accounts: 510-7021-485100-0921 (Park Acquisition and Development Fund) - $ 48,000; 926-9811-485100-0921 (Southwest Redevelopment Project Area) - $100,000.The Community Services Manager reported on two illustrative site plans. One plan was tentatively approved by Council in 1993 as part of the Santa Fe Depot's Specific Area plan; the other plan is more refinedand designed by Hogan/Roy Partners, Landscape Architects. This plan has been presented to the Parks, Recreation and Cultural Arts Advisory Commission and the Old Towne Steering Committee. The difference between the two plans is the base bid plan is the less expensive model and the add alternate plan is proposed to have sod installation, fountain with water and tile, walkways outlined with the same brick as used in Old Towne and a wooden trellis to cover the platform. There is a tentative construction estimate of$91,000 for the base bid. If the bids come in at a favorable cost, it would be recommended to Council to include the add alternate, but this will be on a case by case basis as the bids come in. The bids will go out as one package,but bidders will identity two different prices for the base and the add. After the bidding process, staff will return to Council with a recommendation. A letter was received from the County indicating that the $75,000 from the Urban Park funds will not be available due to the bankruptcy.The Community Services Manager further commented it is hoped the park will attract a restaurant to occupy the building, but will also benefit the area for the business community and commuters. It was proposed that the trellis and platform area will attract people during lunch time. The park is one acre and small events could be held there.Corinne Schreck, 446 N. James, asked if the $48,000 Park Acquisition and Development funds could be used for any park in the City? It was suggested the money could be directed towards a gym in some other park for the children in this community. Pitcher Park could be used for small events; it is not well used by the community. As a member of the Old Towne Steering Committee, it was felt there is no reason for another CITY COUNCIL MINUTES April 25, 1995 2. CONSENT CALENDAR (Continued) nicer park should be located there, but not at this cost. If there is a shade area needed, the many shade trees on the site should be adequate. It was also asked what the maintenance costs would be per year. Doug Westfall, 1125 W. Palm, spoke in favor of the park's renovation. Barbara DeNiro, 1118 E. Adams, voiced concerns regarding the costs and commented this was another downtown enhancement. The Community Services Manager responded the park development funds can be used for all.parks in the City. There are approximately 12 shade trees on the depot site. The platform is part of a historical platform for commuters and there is a historical value in its restoration. Maintenance costs are anticipated at approximately one cent per square foot for the proposed park. General maintenance fees for all city parks are approximately 3,000 per acre per year. The bid process takes approximately 30 days and results will be presented to Council under Administrative Reports for discussion. After discussion, Council will then award the bid. Council discussion ensued relative to concerns regarding the base bid and the proposed fountain with no water, utilizing plant materials as a decoration. A fountain with water at this stage would be an attractive nuisance in that area until the entire area is developed. It was suggested the fountain be built around the historical aspects of the park. It was further suggested that when this item returns to Council it not be placed on the Consent Callmdar. This type of request requires discussion. If the park was enhanced more, the City would be able to interest people in the prospects for the depot and its surrounding area as a commercial enterprise. It was further noted there is a phrase in all bid packages that the City has the right to refuse all bids and may cancel the project if the bids come in too high and are cost prohibitive. MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Moved to authorize staff to advertise for bids, noting the concerns expressed in order that the project is structured accordingly so when Council receives the bid information a prudent decision can be made.MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater PAGE 8 CITY COUNCIL MINUTES April 25, 1995 2. CONSENT CALENDAR (Contiuued) Items 2.3,2.4,2.6, 2.14 and 2.16 were removed and heard separately; all other remaining items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR COONTZ Mayor Coontz reported on the joint City/County Program in the EI Modena City and County areas called Consolidated Police Patrols. This program has two officers each from the Sheriff's Department and the Orange Police Department. They share cars on Friday and Saturday nights to patrol in this EI Modena area. At Mayor Coontz's request, and working with Supervisor Steiner, this idea was developed with the Sheriff and Police Chief Robertson's assistance. This program will address concerns from the East Orange residents about gang activity and crime in the EI Modena area. 4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS-TAPE 2123 5.1 Accept the resignation of David W. Kent from the Design Review Board and instruct the City Clerk to advertise the vacancy pursuant to Maddy Act requirements. ORI800.0.8.1) MOTION - Barrera SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to accept the resignation with regrets and instructed the City Clerk to advertise the vacancy pursuant to Maddy Act requirements.6.ADMINISTRATIVE REPORTS TAPE 2130 6.1 Report on Orange County Investment Pool.The City Manager reported the City received notification that the County accepted the City's application for Item A. It is hoped the distribution of funds will take place in June and the judge will look favorably on this part of the settlement.Will B. King, P. O. Box 2795, Costa Mesa, asked how much money the City invested in the County Pool and what will the City do in the future to not invest in shady high profit gambles?Mr. King indicated he is visiting all City Councils twice. Mr. King commented on Consent Calendar Item 2. 4 and recommendedthe City observe Costa Mesa's policy on this issue.Mayor Coontz commented the City has addressed these questions since December and has completely redone the City's investment policy as well as created an Investment Oversight Committee.PAGE 9 CITY COUNCIL MINUTES April 25, 1995 6. ADMINISTRATIVE REPORTS (Continued) 6.2 Treasurer's Report for March, 1995. (C2500.F)TAPE 2228 The Finance Director reported on the changes in the report concerning the reallocation of cash. Also, the City liquidated some investment vehicles that were derivatives and made a significant profit. The focus has been on a more conservative portfolio. The Finance Director announced that over the last 90 days Wall Street has focused on many cities in Orange County and placed them on credit watch. As a result of the City's action to defease, i.e. prepay the City's TRAN debt and also prepay some of the Redevelopment obligations, Wall Street has indicated the City is now A plus and Moodys is triple A plus which tells the world the City is capable of paying their bills and are a good credit risk. The City Treasurer reported the first meeting of the Investment Advisory Committee will be April 27,1995. MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to receive and file.6.3 Recommendation regardiug replacement of PRIME minicomputer and implementing Phase I of a multi-phased MIS plan for the City of Orange. (C2500.J.2)NOTE: Councilman Murphy announced he is employed by a firm actively involved in information technology and while this firm is not a part of this proposal, there could be a perceived conflict of interest should he participate. Therefore, Councilman Murphy removed himselffrom the proceedings and left the podium.The Finance Director reported the City has made a considerable commitment in terms of personal computers with a need to refocus and pull together a plan whereby the City can optimize utilization of existing hardware and software. The Management Information Systems (MIS)Steering Committee's creation was created because the PRIME, which serviced the City's financial management information software, was in need of replacement. This computer is archaic as is the V AX which services the Public Works Department's GIS.A bid to replace the PRIME was let several months ago and 8 or 9 vendors responded. The MIS committee met and reviewed the proposals with assistance from the City's in-house contractor. It was recommended the City select a Sun Microsystem computer to replace the PRIME, the V AX and GIS Systems. In addition to this purchase, and in conjunction with the re-engineering effort,staff wishes to secure the approval to move ahead during the next quarter and purchase the additional hardware and software needed. This is a one time commitment and after implementing the master plan, the City will be able to recover the capital costs in less than 24 months in terms of the cost savings that will occur in departments.PAGE CITY COUNCIL MINUTES April 25, 1995 6. ADMINISTRATIVE REPORTS (Continued) Council discussion ensued relative to concern regarding the lack of a support recommendation from the MIS Committee. It was suggested each department head should sign off on this report. Also, the conversion issues were not spelled out in the report as well as the costs. The performance of the hardware versus what has been used in the past and the technical support which has been available is a question. It was asked who would be in charge of the program? Councilmembers expressed concern over the $385,000 appropriation. Council requested to be kept abreast of this item and asked how it will be implemented? The Finance Director responded the MIS Committee had reviewed the report in several meetings. The conversion issue is only a request to replace hardware and software, it is not a request to change the way in which the City manages the environment. There is a contingency amount of 35,000 which will assist the departments that are totally co-dependent on the in- house contractor to get them up to speed in learning. This will place everyone in the same automated environment.The City Manager indicated the Fire Chief was the MIS Committee chairman and confirmed that every department head involved had signed off on the report.Mayor Coontz commented there is a need to know what the costs will be over a period of time.The capital improvement budgets are a good example. They are prepared to show how many years money will go into a project to achieve what is desirable. MOTION SECOND AYES ABSENT Spurgeon Barrera Barrera, Mayor Coontz, Spurgeon, Slater Murphy Moved to continue this item to May 9, 1995 Council meeting.NOTE: Councilman Murphy returned to the podium.TAPE 3150 6. 4 Sycamore Crossing Update, Tree Inventory for the Van Daele Santiago Creek Project, Tentative Tract 15053 (Continued from April 11, 1995) (T4000.0)The Director of Public Works/CityEngineer reported they have been working with the developer and arborist to determine what trees could be saved on this project. It was indicated the only trees that could be preserved are located along the south and west boundaries of the project.None of the trees along the north boundary can be safely preserved. The developer has agreed to a rear planting program along the north perimeter that will provide at least three of the Brisbane Box Trees in each rear yard and has agreed to provide an individual irrigation system on each lot for these trees to help ensure their survival. The CC&Rs will contain provisions that these trees will be properly maintained and will vest the responsibility for that with the homeowners and the homeowners association. The trees that have been identified as possibilities for preservation will require identification and protection in the field during construction. That action will be undertaken in cooperation with the developer to assure that they do not suffer damage.PAGE 11 CITY COUNCIL MINUTES Apri125,1995 6. ADMINISTRATIVE REPORTS (Continued) Councilman Spurgeon asked about tree root damage and settling problems to nearby homes and retaining walls. Susan Sims, ISA Certified Arborist and California Licensed Agricultural Advisor, 5535 Dodd, Mira Loma, advised the roots under people's yards will, over a time, decay and cause a settling. The roots under homes would be dry and the decay process may not occur at all. The roots under homes now would pose more of a threat because every year as a tree grows, the roots grow and put on a ring as the tree does which increases the size of the root and can do some lifting and cracking of a foundation. The Director of Public Works/City Engineer advised that the retaining walls are reinforced to resist this problem. Councilman Spurgeon commented he had received several calls complaining about a bulldozer which was started on the property last Sunday and ditched by a water hole. The Police Department was called and took care of the problem. Councilman Spurgeon asked Mr. King ifhe any knowledge of this incident. Mr. King, Van Daele Development, indicated he was not aware of the complaint. Council discussed the need for proper security and Councilman Murphy suggested pulling the plug wires to the bulldozers when they leave at night. Mr. King requested the bridge plans being reviewed by the Building Department be expedited. Mayor Coontz instructed the City Manager to discuss the problem with Mr. King, the Director of Community Development and the Director of Public Works. MOTION SECOND AYES Mayor Coontz Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve the action of the Design Review Board in approving the Landscape Plan for the Sycamore Crossing project, including the following features: 1) Planting of three to four trees in each rear yard along the north boundary of the project served by an individual irrigation system on each lot. 2) Preservation of existing trees along the southwest and northwest boundary of the project in accordance with the arborists' recommendations for protection during construction. 3) Inclusion oflanguage in the Covenants, Conditions, and Restrictions (CC&Rs)for the project requiring homeowner maintenance of the rear yard trees and, specifically, advising these homeowners of this requirement.7. REPORTS FROM CITY MANAGER - None PAGE 12 CITY COUNCIL MINUTES April 25, 1995 8. LEGAL AFFAIRS 8.1 ORDINANCE NO. 7- 95 An Ordinance of the City Council of the City of Orange amending Section 17.06.020 of the Orange Municipal Code approving the reclassification of property situated along either side of Loma Street, north of Serrano Avenue and east of the City of Villa Park, and adjacent to Southern California Edison's Serrano substation. (Z 1500. 0)Zone Change 1172-94 Southern California Edison MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 7-95 have second reading waived and be adopted and same was passed and adopted by the preceding vote. 8.2 ORDINANCE NO. 10- 95 An Ordinance of the City Council of the City of Orange amending Title 8 of the Orange Municipal Code by adding Chapter 8.13 prohibiting the manufacture, sale and use of fireworks. (A2500. 0)Discussion: Will B. King, P. O. Box 2795, Costa Mesa, asked if there were any Fireworks manufacturers in the City?Mayor Coontz indicated there were none. MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 10-95 have second reading waived and be adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS John Volkoff, 365 N. Cleveland, asked who owns the City? Mr. Volkoffcommented he felt that the last Council meeting was important enough for him to carry a sign through the down town area. He secured permission from the City Attorney. In front of Watson's Drug Store a man yelled at him to leave that he had no right to be on his property and was bothering the customers.PAGE 13 CITY COUNCIL MINUTES April 25, 1995 10. ORAL PRESENTATIONS (Contiuned) Mr. Volkoffwas standing on the public sidewalk. Mr. Volkoffcontinued his walk around the area and requested a resolution if Watson's Drug Store has given up accommodation to the public sidewalk, who will be financially responsible if an accident occurs? Mayor Coontz referred Mr. Volkoffto the City Attorney for assistance. Carol Milash, 128 S. Cambridge, who lives across from P. 1. Meads, complained that cars park in front of her driveway and when she calls the Police Department there is no response. Mayor Coontz instructed Ms. Milash to contact Police Captain Richards for assistance. Barbara DeNiro, 1118 E. Adams, thanked Council for their moment of silence for the Oklahoma disaster; asked if Council had read article in Orange Independent regarding P. J. Meads; thanked Council for flag salute and prayer. Since December 1 st there is no tree in the parkway in front of her house, and shrubs have been planted there. Ms. DeNiro commented about tree roots and control. Will B. King, P. O. Box 2795, Costa Mesa gave the following comments: Except a response from the City regarding an incident with the Police Department Suggest 5 minutes to speak, rather than 3 City needs 7 Council members to represent the City Should be evening sessions for working citizens Cable TV for people with children Public comments should be placed at the beginning of the Agenda Agenda numbers should 1 through 10, more professional 11. RECESS MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council recessed at 6:50 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):In re the Bankruptcy Petition of County of Orange, U. S. Bankruptcy Court Case No. SA 94-22272 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) (two potential cases).PAGE 14 CITY COUNCIL MINUTES April 25, 1995 11. RECESS (Continued) c. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8. Property: East side of Orange Street approximately 100 feet south of Chapman Avenue. Negotiating Parties: Bob Breskin and Economic Development Director. Under Negotiations: Price and method and payment. d. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Interim Personnel Director. Employee Organization: All Employee Organizations (List Available in Personnel Office). e. 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. PUBLIC REPORT OF CLOSED SESSION DECISION MOTION SECOND AYES Murphy Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon, Slater City Council approval was given to the City Attorney to enter as an amicus curiae in the case of Loder vs. City of Glendale, an employee drug testing case currently up for review before the California Supreme Court. 12. ADJOURNMENT MOTION SECOND AYES Spurgeon Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council adjourned at 7:45 p.m. to an Adjourned Regular Meeting on May 2, 1995 at 4:30 p.m. to consider a presentation by the Fire Department regarding Emergency Medical Transportation Program. /MARILYN J. JENSEN MARILYN J. JENSEN, CMC CITY CLERK j /)l/JI-" 7LLj!..--.-..t._/ c'~>. i JOANNE C. COONTZ /MAYOR CASSANDRA J.DEPUTY CITY C PAGE 15