10/24/2000 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON NOVEMBER 14,2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 24, 2000
The City Council of the City of Orange, California convened on October 24,2000 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 INVOCATION
Given by Dawn Stoller, Auxiliary Chaplain, Orange American Legion Post 132
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Presentation of Colors and Pledge of Allegiance led by American Legion Post 132
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Employee Service Recognition Awards were presented to: C2500.J.4.l8
Linda Boone, Economic Development; Lorna Adkins, Library; Carolyn Shaffer, Police;
Patrick Wilson, Public Works; John Lopez, Water; Mary Murphy, City Clerk's Office;
Randy Duncan, Fire; Jeffrey Tiqui, Fire; Felicidad Casapulla, Police; Robert Cortez,
Public Works; Howard Beck, Public Works, Donn Hearn, Police; Ronald Acosta, Public
Works
Nora Jacob, new City Librarian, was introduced by the Director of Community Services.
Miss Orange 2001, Cayce Lee, introduced herself.
Mayor Coontz announced the Excellence in Procurement Award, 2000 was given to the
City of Orange Purchasing Division represented by Glenn Kaye, Purchasing Officer.
Mayor Coontz noted the various awards the Finance Department has received over the
years, and congratulated the Finance Staff for their efforts in achieving these awards.
John Whiteriver, Commander of American Legion Orange Post #132, presented a check
to the City of Orange for $30,000 to benefit the Veterans Memorial.
Fire Chief Vincent Bonacker and Lynn Blythe recognized Fire Captain Paramedic John
Karell, Fire Engineer Paramedics Robert Timboe, Dale Eggleston and Allan Rich of the
Orange Fire Department for their life saving resuscitation of Holly Blythe and celebration
of the tenth anniversary of that day.
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October 24, 2000
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
A special recognition plaque was awarded to resident Milton W. Verb erg, WWII Pearl
Harbor survivor.
A proclamation was presented to Paul Lampe representing the Nestle Corporation
recognizing November 14th as the "Nestle National Adopt-A-School Day" event at
Fletcher Elementary School
Paula Bramlett of the Orange International Street Fair Committee presented the City a
check for $80,676.70 and thanked the City Council and staff for their support for the
annual Street Fair.
Mayor Coontz announced:
· Frank Sciarra has been awarded the 2000 Columbus Award by the Orange County
American Italian Renaissance Foundation. Mr. Sciarra is one of the originators ofthe
International Street Fair, Friendly Center and has been a member of the City Traffic
Commission since 1988. Mayor Coontz congratulated Mr. Sciarra.
· "Treats in the Streets" will be held Thursday, October 26th, in the Downtown Plaza
Area from 4:00 to 7:00 p.m. Mayor Coontz commended the Department of
Community Services for their work along with the merchants and non-profit groups
in the City.
· Red Ribbon Week, an annual pro1ram to promote the idea that it's "OK to say No to
Drugs" is being held October 23' to October 31st. Councilman Murphy gave a brief
history ofthe program's origination.
2. PUBLIC COMMENTS
Councilman Alvarez asked to read a letter from Mr. Alan Burns dated October 16, 2000
regarding his conduct and meeting protocol (City Ordinance No. 43-60) administered by
Mayor Coontz at the October 10, 2000 public hearing on Santiago Hills II.
The City Attorney suggested reading this letter was engaging in campaign activity, which
is not allowed during a Council meeting.
The Council discussed whether reading this letter was campaign activity and who should
be appointed to read the letter if it is read.
The City Clerk was directed to read the letter from Mr. Alan Burns (copy on file in the
City Clerk's Office).
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
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October 24, 2000
3. CONSENT CALENDAR (Continued)
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of October 24, 2000 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, and summarized on Time-Warner
Communications, all of said locations being in the City of Orange aud 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.
3.2 Request Council Confirmation of warraut registers dated October 5 and 12, 2000.
ACTION:
Approved.
3.3 Receive and file monthly Treasurer's Report for period ending September 30, 2000.
ACTION:
Approved.
(C2500.F)
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Amendments to Attorney Services Agreement with the law firm of Cox, Castle &
Nicholson LLP and to Professional Services Agreement with Fieldman, Rolapp &
Associates in connection with the proposed issuance of bonds to finance the costs of
public improvements within the City of Orange Community Facilities District 91-2
(Serrano Heights). (A2100.0 AGR 3425.1)
SUMMARY: The City currently has an agreement with Cox, Castle & Nicholson LLP
for a fee of $45,000 to provide advice and assistance as disclosure counsel in connection
with the proposed issuance of bonds of the City (the "Bonds") pursuant to the Mello-
Roos Community Facilities Act of 1982, as amended, to finance the costs of public
improvements within its Community Facilities District 91-2 (Serrano Heights). The City
Attorney is requesting that an additional $20,000 for legal services, plus an amount not in
excess of$7,500 for costs and expenses, be approved for continued legal services.
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October 24, 2000
3. CONSENT CALENDAR (Continued)
The City also has an agreement with Fieldman, Rolapp & Associates for a fee of $20,000
to provide financial advisory services in connection with the proposed formation of and
issuance of the Bonds. The Finance Director is requesting that an additional $7,403.50
be approved for continued financial advisory services.
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City (I) the First Amendment to Attorney Services Agreement with Cox, Castle &
Nicholson LLP, and (2) the First Amendment to Professional Services Agreement with
Fieldman, Rolapp & Associates.
FISCAL IMPACT: There will be no impact upon the City's General Fund.
Compensation payable to Cox, Castle & Nicholson for services rendered will be payable
solely from proceeds of the Bonds. Compensation payable to Fieldman, Rolapp &
Associates for financial advisory services will be payable from funds deposited in
advance of the Bond issuance with the City by the developer of the Serrano Heights
community; however, the developer will be reimbursed for funds deposited with the City
out of the proceeds of the Bonds.
3.6 2000-2001 Animal Control Services Contract with the County of Orange (AGR 013S.M)
SUMMARY: The City of Orange contracts with the County of Orange for animal
control field and shelter services. The term of this annual renewal is July 1,2000 through
June 30, 2001. Due to increased costs for operational improvements, as well as standard
cost of living adjustments for County employees, the contract cost was increased and will
require an additional appropriation.
ACTION: Approved the proposed contract and authorized the Mayor to execute the
agreement on behalf of the City; and appropriate $120,324 from unappropriated General
Fund Reserves to Account 100-4031-427100-2350 (Detectives - Contractual Services).
NOTE: Mayor pro tern Spurgeon abstained on this item due to a conflict with his
employment with the County of Orange.
FISCAL IMPACT: The adopted FY 2000-2001 Police Department budget includes a
total of $350,090 for animal control services in account number 100-4031-427100-2350
(Detectives - Contractual Services). This amount was based on the previous annual
contract amount, plus an estimated increase for a cost of living adjustment. Approval of
the FY 2000-2001 contract amount of$470,4l4 will require an appropriation of$120,324
from General Fund unappropriated reserves.
3.7
CLAIMS
(C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
Phillip De Los Santos
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October 24, 2000
3. CONSENT CALENDAR (Continued)
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.8 Contract Change Order No.1 to Contract No. 3345 with L.A. Signal, Inc. for traffic
signal modifications at various locations (Bid No. 990-03). (A2100.0 AGR 3345)
SUMMARY: This contract change order will pay for additional work performed by the
Contractor during the course of this project. The total project, including this change
order, remains within the approved budget for this project.
ACTION: Approved Contract Change Order No. I in the amount of $17,216.62 to
Agreement No. 3345.
FISCAL IMPACT: $17,216.62 needed for this contract change order will be paid from
Acct. No. 550-5032-483100-6194 (Spring & Prospect Signal Improvements).
3.9 Contract Change Order No.1; Bid No. 990-48; Project No. SP-3311, Woodwind
Avenue Storm Drain and Deep Spring Road Sidewalk Access. (A2100.0 AGR 3591)
SUMMARY: This Contract Change Order authorizes payment for additional work at
agreed unit price beyond the original scope of work. The total contract cost for this
project is $91,849.80.
ACTION: Authorized a fund transfer of $15,000 from appropriated funds in Account
No. 590-5013-426700 and appropriated to Account No. 590-5013-483400-5338, for
construction of contract change order No.1, Contract Administration, Inspection and
Contingencies; and approved a Contract Change Order No. I in the amount of $13,550.00
to SRD Construction for the additional work at agreed price.
FISCAL IMP ACT: Funds are budgeted or are available in the following account:
590-5013-483400-5338 $15,000.00 (Assessment District No. 86-1)
3.10 Contract Change Order No.1; Bid No. 990-37; Hart Park Concession Building.
(A2100.0 AGR 3546)
SUMMARY: It is recommended that the City Council approve change order No.1 to MJ
Contractor in the amount of $28,000 for soil excavation and relocation of utility lines as
part of the Hart Park Concession Building project.
ACTION: Approved change order No. I to MJ Contractor in the amount of $28,000; and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Sufficient funds exist to pay for this change order in the following
account: 510-7021-481200-0027 (Hart Park Renovation): $28,000.
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3. CONSENT CALENDAR (Continued)
GRANTS
3.11 Assembly Bill (AB) 3229 Grant Money for Funding of Police Support Personnel.
(C2S00.K)
SUMMARY: AB 3229 makes funds available under the FY 2000 Citizen's Option for
Public Safety (COPS) Program in the Governor's budget. The City of Orange was
awarded $280,757.25 and proposes to continue funding the non-sworn police support
positions using FY 2000 AB 3229 COPS Program Funds. These positions enhance the
Police Department's ability to place sworn Police Officers in the field.
ACTION: Approved allocation of $280,757.25 FY 2000 COPS grant award to continue
funding four (4) full-time and two (2) part-time non-sworn positions through June 30,
2002.
FISCAL IMPACT: The City of Orange was awarded $280,757.25 through the FY 2000
COPS grant program. These funds have been placed in a separate fund (354 - AB 3229
Supplemental Law Enforcement Services) and cannot be transferred to or intermingled
with other funds, except to facilitate appropriation and expenditures by the statute.
Interest earnings in Fund 354 will also be allocated to payroll expenditures for the six (6)
positions. This award will support the allocation plan and the approval does not require a
budget adjustment.
RESOLUTIONS
3.12 RESOLUTION NO. 9341
(A2100.0 AGR 0343.A.M008)
A Resolution of the City Council of the City of Orange approving the execution of
Program Supplement Agreement No. M008 to Local Agency-State Master Agreement
No. 12-5073 for federal aid projects with the State of California which will fund
Engineering/Technical Alignment Study for Tustin Branch Trail Project.
ACTION: Approved.
3.13 RESOLUTION NO. 9345
(A2100.0 AGR-334S)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement, Bid No. 990-03, L.A. Signal, Inc., traffic
signal improvements at various locations.
ACTION: Approved.
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3. CONSENT CALENDAR (Continued)
3.14 RESOLUTION NO. 9346
(S4000.S.4)
A Resolution ofthe City Council of the City of Orange authorizing the temporary closure
of Glassell Street from the Plaza to Almond Avenue, Palmyra Avenue from Center Street
to Shaffer Street, Grand Street from Almond Avenue to Washington Avenue, Maple
Avenue from Orange Street to Grand Street, and Maple Avenue from Center Street to
Shaffer Street; and removing on-street parking at various locations within the area for
filming of a major studio movie in November, 2000.
ACTION: Approved. NOTE: Councilman Alvarez abstained on this item due to a
conflict with his ownership of a business near the Plaza.
3.15 RESOLUTION NO. 9348
(C2S00.K)
A Resolution of the City Council of the City of Orange expressing appreciation to
Captain Louis A. Walsh III of the Orange Police Department and commending him for
more than thirty-two years ofloyal and dedicated service.
ACTION: Approved.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Mayor pro tern Spurgeon abstained on Item 3.6. Councilman Alvarez abstained on Item
3.14. The remainder of the Consent Calendar was approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR COONTZ
Mayor Coontz noted the Orange Police recently arrested four people on graffiti charges and
asked the Police Chief for a report on recent incidences.
Police Chief Romero reported since the inception of the STOMP (Stop Tagging on My Property)
Program in July, the Police Department have made 35 arrests for tagging and graffiti vandalism.
This compares to two arrests for the same time last year. He explained the penalties associated
with graffiti vandalism and they are working on getting maximum penalties to help reduce this
problem.
Mayor Coontz noted there is a need to update City of Orange penalty codes and complimented
the efforts of the Orange Police Department and citizens, particularly Bob Haywood who
monitors graffiti for the Milford Road Neighborhood Watch in Orange.
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4. REPORTS FROM MAYOR COONTZ (Continued)
Mayor pro tern Spurgeon commented on a recent article about crime at The Block and other
large centers in Orange County. Despite a recent tragedy at The Block, statistics prove that
given the amount of people who visit this center, the Orange Police Department is within its
enforcement capabilities. Property crimes are up in Orange because of large centers like The
Block, but felony crimes are down; and Orange is still one of the safest cities in Orange County.
In response to Council questions, Police Sergeant Pat Thayer reported the majority of graffiti
offenders are juveniles and there are repeat offenders but they are working to eliminate this. He
explained that the difference between taggers and gang activity is that gangs will vandalize to
mark their turf whereas taggers have no rhyme or reason to their vandalism. He noted they have
added a Probation Officer to their enforcement team which is also helping to reduce this
problem.
Chief Romero reported there are approximately 10 Hispanic gangs in Orange and a few smaller
ones such as motorcycle gangs and white supremist gangs. There are approximately 250 to 300
total gang members in Orange.
S. REPORTS FROM COUNCILMEMBERS
5.1 Councilman Alvarez - To direct the City Attorney to report on the potential
violation of Government Code Section 3206, "The participation in political activity by
officer or employee of local agency while in uniform," which was used in a political mailer.
Councilman Alvarez reported there was a memo issued July 26th by the City Attorney and
Personnel Director to all City employees outlining the rules of conduct to be followed during the
upcoming election season; and one of the rules was a restriction on campaign participation while
in uniform. He cited a particular campaign advertisement which included a picture of a Police
employee. He asked the City Attorney for clarification of this issue.
The City Attorney suggested this discussion was engaging in campaign activity which is not
allowed during a Council meeting, especially when reference is made to specific
Councilmembers. In response to further questions, he pointed out it is a violation of state law for
employees to engage in campaign activity while in uniform. However, it is permissible to use a
picture in campaign literature which was taken at a function and not taken for campaign
purposes. If a violation does occur, this type of matter can be referred to the District Attorney.
Councilman Murphy reminded the Councilmembers running for re-election they have all made a
commitment to leave campaign activities out of the Council Chambers and put aside political
matters during the election.
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October 24, 2000
S. REPORTS FROM COUNCILMEMBERS (Continued)
5.2 Councilman Slater - Request Council direct staff to work with neighbors on the
300-400 blocks of South Grand Street to explore possible zoning inconsistencies with the
General Plan and potential zoning options reporting back to Council on November 28,
2000. (ZIS00.0)
Councilman Slater reported on a memo written approximately two years ago which referred to
zoning discrepancies with the City's General Plan in the area of South Grand Street. He wanted
to make clear the direction that was given by the Mayor at the previous Council meeting for staff
to work with the Grand Street neighborhood on these zoning discrepancies and explore various
zoning options.
The Community Development Director reported the Community Development staff and City
Attorney's office have begun to look at this issue and will bring a report back to Council.
Councilman Alvarez disclosed he had met with the neighborhood group at their initial meeting,
but did not recall the date.
Luis Caballero, 487 S. Grand, reported there is a current application being processed to add a
second unit at a residence on Grand Street, and asked the City to impose a moratorium on
building permits until this issue is resolved.
Councilman Slater indicated a moratorium request would have to be agendized. Mayor Coontz
indicated the City Attorney will assist with this issue.
Joan Crawford, 394 S. Orange, board member of the Old Towne Preservation Association, stated
there needs to be a study into the inconsistencies between the General Plan and the current
zoning designation for this area. It is important the Old Towne Design Standards be included in
this review and there needs to be guidelines developed for the entire historic district. She
commended staff for their efforts in preserving the historic district.
Joan Newcomb, 429 S. Grand, reported a hearing is scheduled for the November 6th Planning
Commission meeting to consider a proposed second unit at a residence on Grand Street, and
expressed concern about this proposal being approved while they are still looking into the
legality ofthe zoning inconsistency.
The Community Development Director reported the Planning Commission hearing is a
Conditional Use Permit application, and any action taken by the Commission is final but can be
appealed to the City Council.
In response to questions about what effect an interim moratorium would have on the specific
application in question, the City Attorney reported the provisions of a moratorium require the
Council to act within a certain time frame to affect the application. He will look at the specific
project to determine if there would be an effect. They need to review the fundamental issue of
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October 24, 2000
S. REPORTS FROM COUNCILMEMBERS (Continued)
whether there is an inconsistency between the General Plan and the zoning. If there is, the
project would not be approved.
MOTION - Slater
SECOND - Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to direct staff to work with the neighbors on the 300-400 blocks of South Grand Street to
explore possible zoning inconsistencies with the General Plan and potential zoning options,
reporting back to Council on November 28, 2000.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from the Director of Public Works on the issuance of special tax bonds for
the City of Orauge Community Facilities District No. 91-2 (Serrano Heights Public
Improvements). (T1100.0) (A2100.0 AGR 3621, 3622, 3623, 3624)
The Director of Public Works reported Community Facilities District No. 91-2 was originally
formed in 1991 to finance public improvements for the Serrano Heights residential tracts. He
reported on the history of the District, stating the current owner has now pursued the completion
of the District and the development of the property. It is recommended the Council authorize the
issuance of the bonds and approve related documents. Bond closure is expected at the end of
November.
Mayor Coontz wanted to ensure this was financially stable and they have met all City
requirements. The Director of Public Works reported these bonds are at a 5:2 value to lien ratio
(appraised value of the property to the amount of the lien being applied), which far exceeds the
City requirement of a 4: 1 ratio. This land is also much more developed than most proferties at
the time of bond issuance, and the appraised value of the property, as of August 15' , is over
$186 million to secure a bond issue of approximately $35 million.
Councilman Alvarez asked about a report that the developer of Serrano Heights was involved in
a bankruptcy in Brea. The Director of Public Works reported this has been disclosed in all the
official statements. The developer had only a 5% involvement with a project in Brea and had no
control over the bankruptcy. This issue is being resolved and as a result, certain certificates have
been required by the underwriter that the lien for the bonds has first place in the event any
actions are taken.
The Finance Director reported they did ask the developer to provide certificates from their
current construction lenders which assures the City all payments are current and they are aware
there is a Community Facilities District and the District is in a first position. As Chief Financial
Officer, it was her opinion that all conditions have been met for this issuance.
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7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 9342
A Resolution of the City Council of the City of Orange authorizing the issuance of Special Tax
Bonds for the City of Orange Community Facilities District No. 91-2 (Serrano Heights Public
Improvements), and approving related documents and actions.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Resolution No. 9342 be adopted and same was passed and adopted by the preceding
vote.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 20-00 (FIRST READING) (ZIS00.0)
An Ordinance of the City Council of the City of Orange approving a zone change request to
allow the reclassification of property located at 487 North Equestrian from A-I to R-I-40.
Zone Change 1206, Applicant: James A. Shab
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 20-00 be read by title only and same was set for second reading by
the preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:25 to a Closed Session for the following purposes:
a. Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
Property: Parcel located at NW corner of Spring and McPherson
Negotiating Parties: Union Pacific Railroad and City of Orange
Under Negotiation: Price and Terms of Payment
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Personnel Director Steven Pham
Employee Organization: All organizations
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October 24, 2000
11. RECESS TO CLOSED SESSION (Continued)
c. Conference with legal counsel pursuant to Government Code Section 54956.9 existing
litigation:
City of Orange v. JeffHambarian et at. OCSC Case No. 807419
d. 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.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Jeannine Lawrie, 2512 Shady Forest, speaking on behalf of the Orange Dog Park Association,
asked for more specifics on the process involved in developing the dog park at Yorba Park.
They need a target opening date for the park.
The City Manager reported the concept of the dog park was approved on August 22nd. Funds
were not budgeted for this year, but they are able to use some money left over from another
project for some preliminary work. He has directed the Community Services Department to start
a Request for Proposal (RFP) to select an architect for the site design for the entire park. This
RFP should be ready by the first of next year which will help in determining what is needed in
the budget. It will then take approximately six months for completion of the preliminary design.
At that time, they will know where the fencing should be located which will separate the dog
park from the rest of the park, since the Dog Park Association has agreed to raise money for this
fencing.
Mayor pro tem Spurgeon reminded everyone the Orange County Animal Shelter has dogs
available for adoption.
Michelle Tuner, 400 block of North Cypress, applauded the efforts of the Orange Police
Department and Gang Unit in reducing crime in her neighborhood. She has seen an increase in
police patrol and a decrease in vandalism and graffiti. She urged the implementation of the
volunteer program to assist with the graffiti problem.
Bill Bouska, 270 N. Malena, commented on the need for more park space in Orange, and on the
possible expansion of the park at Prospect and Spring.
The City Manager commented negotiations with Union Pacific Railroad regarding property at
Spring and McPherson is not for public record at this time, and the negotiations have not been
consistent.
Jennifer Edwards, 928 E. Oakmont, speaking on behalf of the Girls Central Orange Bobbysox,
submitted a petition requesting the fields at El Camino Park be upgraded, and stated the need for
additional fields and practice sites for girls sports.
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October 24, 2000
12. PUBLIC COMMENTS (Continued)
The City Manager reported he has directed the Community Services Department to work with
consultants to determine what it would cost to do preliminary work at El Camino Park since no
money was appropriated in this year's budget. An entire rehab of the park is not feasible, but an
appropriation of $20,000 would probably be enough to finish Field #3 and cut in Field #4.
Councilman Murphy requested, through the Chair, to direct the City Manager to bring an
appropriation request back to Council to finish Field #3 and cut in Field #4 at El Camino Park, to
be ready for opening day in February 200 I.
Richard Langseth, 195 Malena Drive, submitted a petition requesting a "No Through Street"
sign on his street. The Mayor indicated this was already in progress.
13.
PUBLIC HEARINGS
TAPE 4790
13.1 GENERAL PLAN AMENDMENT NO. 3-00, ZONE CHANGE NO. 1205-00,
CONDITIONAL USE PERMIT NO. 2339-00, VARIANCE NO. 2089-00,
NIEUPOINTE ENTERPRISES/BARRY COTTLE: (C2300.E)
The public hearing on petition by Neiupointe Enterprises/Barry A. Cottle requesting General
Plan Amendment No. 3-00 to redesignate 8.05 acres to GC (General Commercial) from R-O
(Recreation-Open Space); Zone Change No. 1205-00 to reclassify property located north of
Chapman Avenue and Chapman General Hospital, east of Santiago Creek to C-l (Limited
Business) from R-O (Recreation-Open Space) and to reclassify property located at the southeast
comer of the intersection of Handy Street and Palm Avenue, west of Santiago Creek to R-I-6
(Residential, Single Family, minimum lot size 6,000 sq. ft.) from R-O; (Recreation Space);
Conditional Use Permit No. 2339-00 to allow a mini-storage facility on property zoned C-l;
and Variance No. 2089-00 to allow the perimeter wall of the mini storage facility to have a
maximum height of 8 feet 6 inches, 2 feet 6 inches taller than the 6 foot maximum permitted by
the Zoning Ordinance was continued to this time from September 26, 2000.
NOTE: Negative Declaration 1642-00 was prepared to evaluate the environmental impacts of
this project.
Mr. Greg Weiler, 2603 Main Street, Irvine, representing the Applicant, requested a continuance
of this item to November 28, 2000. He submitted a letter dated October 24th, stating the
applicant needs additional time in order to address the concerns which have been raised since the
Planning Commission hearing. Those concerns include drainage issues, lighting issues,
landscaping issues, noise concerns, perimeter fencing, solid waste issues raised by the County
and the dedication of the right-of-way for Yorba Street and the related trail. The applicant, along
with their consultants, would like this additional time also to meet with the residents in the area.
At the September 26th Council meeting, they had originally requested this matter be continued to
November 28th and asked that they be treated fairly and consistent with City policy, and not be
deprived of their due process.
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October 24, 2000
13. PUBLIC HEARINGS (Continued)
Councilman Slater suggested they open the hearing and give the applicant the opportunity to hear
the concerns of the residents at this time.
Mr. Weiler stated they would be happy to meet with the residents after the meeting, but are not
prepared for a public hearing as their consultants are not present.
Mayor Coontz asked if attempts had been made to meet with the residents.
Barry Cottle, Applicant, stated they have tried to meet with the residents, but since new issues
have arisen they want to have a meaningful dialog and not just hear one-sided concerns.
Councilman Alvarez pointed out the applicant was not present at the original hearing date of
September 26th and that was why he voted to continue the hearing to this date; and did not see a
need to continue the hearing again.
Mayor Coontz asked for an explanation from the City Attorney of due process. The City
Attorney stated that due process would not be violated if the process is not continued. Due
process requires notice and a full opportunity to be heard. However, the Applicant is correct in
that the policy of the Council has always been that when an applicant requests a continuance to a
date certain in order to address issues in the community, the request has been granted. At the
Planning Commission, there were only a few speakers in opposition to this project; and
obviously more issues have arisen since that meeting given the amount of people present at this
hearing. Also, since the Planning Commission hearing, the applicant has been contacted by the
County regarding landfill issues.
Mayor Coontz pointed out flyers have been distributed in the community that may contain
inaccurate information and there is the need for additional information on issues such as the
extension of Y orba and trails issues. This is also not an issue of not being supportive of parks,
and the Council has always given applicants an opportunity to address issues. The Council has
not seen the full proposal and have not made up their minds.
Mayor pro tern Spurgeon commented at the last meeting staff was directed to develop a policy
regarding hearing continuances. Until such a policy is adopted, he did not want to change rules
in the middle of a process. The City Attorney stated a policy on continuances will be brought
before the Council but did not want to do so while a specific issue was being considered. He
also noted that under the Permit Streamlining Act the City Council is required to act within 60
days of an application being complete, although a 90-day extension can be approved if
necessary.
Mayor Coontz asked the applicant if the November 28th date was still viable given the new issues
that have arisen. Mr. Weiler stated they would be prepared to address all issues at that time.
PAGE 14
CITY COUNCIL MINUTES
October 24, 2000
13. PUBLIC HEARINGS (Continued)
Councilman Slater expressed concern about the applicant not being in attendance at the original
hearing, and suggested the public hearing be opened to allow the residents to voice their
concerns and then continued for the applicant to address those concerns.
Councilman Murphy expressed concern about treating this applicant different from others and
suggested the hearing should take place at one meeting. He suggested the applicant meet with
the residents after this meeting and then continue this to a date certain.
Mayor Coontz wanted to resolve the public works issues and the misinformation being sent out
on flyers; and be able to listen to both the applicant and residents in the proper setting using the
democratic process.
Councilman Slater stated he knew for a fact this is being continued for political reasons and,
therefore, would not support the motion.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Mayor Coontz, Spurgeon
NOES - Slater, Alvarez
Moved to continue to November 28, 2000 per the original request, with it being a date certain
with no more requests from the applicant for extensions; both parties are to make every effort to
resolve issues; and public works issues are to be addressed with the assistance of the Public
Works Director.
TAPE 5950
13.2 JOINT PUBLIC HEARING WITH THE ORANGE REDEVELOPMENT
AGENCY - AMENDMENT TO LEASE AGREEMENT WITH PAUL'S AUTO REPAIR:
(A2100.0 AGR 3380.2)
Time set for a joint public hearing with the Orange Redevelopment Agency Board of Directors
to consider approval of an Amendment to the Lease Agreement between the Orange
Redevelopment Agency and Paul's Auto Repair on Agency-owned property located at 190
South Olive Street.
The Economic Development Senior Project Manager reported the property in question was
purchased by the Redevelopment Agency in December 1999 and is currently leased to Paul's
Auto Repair. The current lease expires the end of October, and they are requesting a two-year
extension. The current rent is $1600 per month and will increase to $1800 per month with the
new extension.
Councilman Alvarez pointed out the rent equates to approximately $1.06 per square foot which
is less than any other commercial property in the downtown area, as other rates are
approximately $1.30 to $1.40 per square feet. He felt it was the Council's fiduciary
PAGE 15
CITY COUNCIL MINUTES
October 24, 2000
13. PUBLIC HEARINGS (Continued)
responsibility to get a market rate for this property. He suggested the Agency look at
comparable rates at auto businesses on Lemon and Cypress.
Councilman Murphy wanted to make sure rates were compared with other auto garages and not
commercial and retail uses, and given the clean up issues with this property, was glad to have a
tenant in there until the property is ready for use by the Senior Center.
Mayor Coontz asked if the Agency Staff had looked at auto business along West Chapman for
comparable rates. The Sr. Project Manager indicated they had not. Most of the comps they
received were from other cities, such as Garden Grove and Santa Ana.
Councilman Slater asked what was being done to clean up this property. The Sr. Project
Manager indicated the tenant was responsible for property maintenance under the terms of the
lease.
Mayor Coontz stated the future of the property also needs to be addressed.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to December 12'\ directing staff to confirm market rates, get comparable
rates from business in Orange, include a higher level of maintenance as part of the negotiations
and inform the tenant they will be on a month to month lease until resolved.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 8:20 p.m.
(1A1#fA~t&r~
CASSANDRA J ATHCART, CMC
CITY CLERK
JOANNE CONTZ
MAYOR
PAGE 16