11/28/2000 - Council Minutes - CC Minutes Reg Meeting
ADOPTED BY THE CITY COUNCIL ON DECEMBER 12,2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 28, 2000
The City Council ofthe City of Orange, California convened on November 28,2000 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
Father Robert Capone, Holy Family Cathedral
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Alvarez
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
The following employees were recognized with Employee Service Recognition Awards:
Matthew Morton, Police; Sean Demetropolis, Fire; Matthew Nelson, Fire; Chrissie
Mackin, Police; Rene Alonzo, Public Works; Robert Miller, Police; Carl Collins, Fire;
Dean Crockett, Fire; Patrick Dibbs, Fire; Edward Engler, Fire; Jeffery Worthy, Fire;
Barbara Behrens, Finance. C2500J.4.l8
David Rudat, City Manager, was recognized by the National Committee for Employer
Support of the Guard and Reserve (ESGR) and presented with the Patriot Award by
Linda Patterson, Representative of the ESGR, Southern California Chapter. C2500.E
Police Officers Jorge Chavez and Joe Schaffer were introduced and recognized for their
volunteer commitment to City of Orange Youth Sports Programs. C2500.K
The Investment Advisory Committee members - Jim Hansen, Harold Jackson and
Charles Simons - were introduced and recognized for their efforts on this Committee.
The Mayor explained the Committee's role is to recommend investment policies and
make recommendations regarding investment activity and reporting.
Mayor Coontz announced the Christmas Tree Lighting Ceremony will be held December
3, 2000 at 4:00 p.m. in the Plaza
Mayor Coontz announced the Mayor/Council Oath of Office Ceremony will be held
December 5, 2000 at 7:00 p.m. in the Council Chambers.
PAGE 1
CITY COUNCIL MINUTES
November 28, 2000
1.4 PRESENTA TIONS/ ANNOUNCEMENTS/INTRODUCTIONS (Continued)
Councilman Slater congratulated Mark Murphy on his recent election as Mayor of the
City of Orange.
2. PUBLIC COMMENTS
Karen Roelke, 2304 W. Palm, spoke in support of sports programs for older children,
specifically for those 14 through 17 years of age and submitted a petition with
approximately 75 signatures. C2500.N
Carol Perry, address on file, expressed concern about the recent problems with speeding
and traffic accidents on Hart Street. The City Manager was instructed to follow through.
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
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 November 28, 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 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.
3.2 Request Council Confirmation of warrant registers dated November 9 and 16,2000.
ACTION:
Approved.
3.3 Receive and file the City Treasurer's Report, period ending October 31, 2000. (C2500.F)
ACTION:
Approved.
3.4 Request approval of City Council Minutes, Regular Meeting, November 14, 2000.
ACTION:
Approved.
3.5 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
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CITY COUNCIL MINUTES
November 28, 2000
3. CONSENT CALENDAR (Continued)
BIDS
3.6 Project SP-3327-Approval of plans and specifications and request for authorization
to advertise for bids for the Plaza Preservation Project; and
Project SP-3319-Approval of plans and specifications and request for authorization
to advertise for bids for the Bank of America Parking Lot. P2500.0.9
SUMMARY: Plans and specifications have been completed for the Plaza Preservation
Project. The project is ready to be advertised for bids. The estimated construction cost is
$1,050,000.00.
Plans and specifications have been completed for the Bank of America Parking Lot. The
project is ready to be advertised for bids. The estimated construction cost is $200,000.00.
The two projects are being combined into one construction project for the economics of
scale and location benefits. The parking lot will be available to the successful bidder for
use in staging, and storage of construction materials during the Plaza Preservation
Project.
ACTION: Approve plans and specifications and authorized staff to advertise for bids for
the Plaza Preservation and Bank of America Parking Lot Projects.
NOTE: Councilman Alvarez abstained on this item due to a business conflict.
FISCAL IMPACT: Funds are budgeted and available in the Capital Improvement
Program in the following accounts:
Plaza Preservation Project:
510-7021-485100-9875
500-7021-485100-9875
500-5011-483400-5329
Subtotal
$ 224,383
$ 809,211
$ 140,486
$1,174,080
Park Acquisition
Capital Projects
Capital Projects
Bank of America Parking Lot:
926-9811-481200-0000-20050
Subtotal
$ 203,000
$ 203,000
Redevelopment Funds
Total Funds Available $1,377,080
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CITY COUNCIL MINUTES
November 28, 2000
3. CONSENT CALENDAR (Continued)
3.7 Rejection of Bids and Readvertising - Bid No. 990-47, Orange Senior Citizen
Community Center Improvements. C2900.A
SUMMARY: The City received twelve bids. All bid prices were higher than funds
budgeted.
ACTION: I) Rejected the twelve (12) bids received for construction of the project; and
2) authorized reduction in scope of work and readvertising for bids for the Senior Citizen
Community Center Improvements.
FISCAL IMPACT: Funds are budgeted or are available in Account No. 310-9645-
481105-1601 $138,000 (Community Development Block Grant)
3.8 Award of Bid No. 001-18 for Two Full Size Pickup Trucks, Five Black and White
Police Sedans, Ten Solid Color Police Sedans and One Window Style Van.
A2100.0 AGR-3643
SUMMARY: Two Full Size Pickup Trucks, Five Black and White Police Sedans, Ten
Solid Color Police Sedans and One Window Style Van have been scheduled for
replacement in the approved vehicle replacement schedule for FY 2000/2001.
ACTION: Awarded Bid No. 001-18 to Ford of Orange, CA. in the amount of
$421,907.77; authorized the Mayor and City Clerk to execute on behalf of the City; and
authorized the City Manager to surplus the replaced vehicles at an auction.
NOTE: Councilman Murphy abstained on this item due to a personal conflict.
FISCAL IMPACT: Funds are budgeted and available in Account No. 720-5023-472102
$421,907.77 (Motor Vehicle Replacement)
3.9
CLAIMS
C3200.0
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
Joseph O'Connor
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Award of Contract - Project No. D-134; CDBG Project - Fernside Street, Crystal
View Avenue, and Glenside Street Storm Drain Improvements. A2100.0 AGR 3642
SUMMARY: The construction of storm drain improvements will relieve potential
flooding in the project area by intercepting and conveying the runoff through
combination of street and pipe flow. The project is funded by the Community
Development Block Grant Program.
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CITY COUNCIL MINUTES
November 28, 2000
3. CONSENT CALENDAR (Continued)
The bid opening was held on November 9, 2000. Fifteen (15) formal bids were received
for the project ranging from $181,570.00 to $347,130.00. R&L Sewer is the apparent
low bidder.
ACTION: Awarded a contract in the amount of $181,570.00 to R&L Sewer and
authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
available in Account No. 310-9645-483400-1819 (Detail 16130) - $429,189.47
(Community Dev. Block Grant).
3.11 A proposal to award a contract for the construction of Water Reservoir No. lOA to
Pacific Tank and Construction, Inc. Bid 001-02 (W-593). A2100.0 AGR-3641
SUMMARY: The proposed Reservoir lOA will supply the developing Serrano Heights
residential community in the Northeast Hillside portion of the City with a potable water
supply for domestic and fire protection purposes.
ACTION: 1) Awarded the contract in the amount of $806,325 to the lowest responsible
bidder, Pacific Tank & Construction, Inc., 32236 Paseo Adelanto, Suite A, San Juan
Capistrano, CA 92675 and authorized the Mayor and City Clerk to execute the contract
on behalf of the City. 2) Appropriated $15,000 from Water Capital Fund 601 Reserves
to account number 601-8041-484201-8318, Reservoir lOA.
FISCAL IMPACT: Funding for this project is proposed in fiscal year 2000/01 budget in
account number 601-8041-484201-8318, Reservoir lOA, in the amount of $806,325.
3.12 The purchase and installation of light fixtures on a sole source basis pursuant to the
Joint Use Agreement with Santiago Canyon College. C2500.N
SUMMARY: City Council approved funding in the amount of $270,000 for the design,
purchase and installation of field lighting for two soccer fields located at Santiago
Canyon College. The City Council approved execution of a joint-use agreement with the
Rancho Santiago Community College District at its meeting on September 26, 2000.
Staff has specified Musco Sports Lighting product to be installed at all City parks and
joint-use facilities. It is recommended that the City Council approve the purchase of ten
(10) field lights, seventeen (17) walkway/parking lot poles, fifty-eight (58) light fixtures,
and labor on a sole source basis from Musco Sports Lighting, Inc. in the amount of
$242,489. The City Council is required to approve any equipment purchase and labor on
a sole source basis.
ACTION: Authorized the purchase and labor for light poles, fixtures, and accessories on
a sole source basis from Musco Sports Lighting, Inc. in the amount of $242,489.
FISCAL IMPACT: Sufficient funds are budgeted in account number 510-7021-485100-
9996 (Field Lighting Improvements), in the amount of$242,489.
PAGE 5
CITY COUNCIL MINUTES
November 28, 2000
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.13 RESOLUTION NO. 9356
C2500.J.4.2
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding Between the City of Orange and the City of Orange Police Association
effective March 1,2001 through February 29, 2004.
Councilman Slater complimented the Fire and Police union representatives for their
leadership during the recent contract negotiations. The Police contracts will help to
recruit and retain quality personnel.
Stephen Pham, Personnel Director, commented the City has negotiated with the Police
and Fire Associations a multi year contract which will allow the City to become more
competitive with other cities and retain quality employees. He thanked the Personnel
staff, and especially Mike Harary, Sr. Personnel Analyst, for their assistance during this
time.
Rich Alarcon, President, Fire Association, thanked the City Council and the Personnel
Director for their efforts during the negotiation process. Their goal is always to provide
the best service possible to the City of Orange and this contract will help them to remain
competitive with other cities.
Steve Booze, President, Police Association, also thanked the City Council and City
Manager for their leadership, especially during this negotiation process.
The City Council recognized the efforts of Stephen Pham, Personnel Director, who has
done a superb job during the negotiations, especially while battling a serious illness.
They thanked the Police and Fire Associations and pointed out the many Police and Fire
personnel in the audience, noting the citizens of Orange should feel secure knowing we
have such fine safety personnel.
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Resolution No. 9356.
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CITY COUNCIL MINUTES
November 28, 2000
3. CONSENT CALENDAR (Continued)
(REMOVED AND.HEARD SEPARATELY)
3.14 RESOLUTION NO. 9357
C2500.J.4.2.1
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding Between the City of Orange and the City of Orange Police Management
Association effective March 1, 2001 through February 29,2004.
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Resolution No. 9357.
3.15 RESOLUTION NO. 9358
C2500.J.4.3
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding Between the City of Orange and the Orange City Fire Fighters, Local
2348, International Association of Fire Fighters, AFL-CIO effective March I, 2001
through February 29, 2004.
ACTION: Approved.
3.16 RESOLUTION NO. 9359
C2500.J.4.3.
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding Between the City of Orange and the Orange Fire Management
Association effective March I, 2001 through February 29,2004.
ACTION: Approved.
3.17 RESOLUTION NO. 9360
TlI00.0.2
A Resolution of the City Council of the City of Orange ratifYing execution of documents
related to the City of Orange Community Facilities District No. 91-2 (Serrano Heights
Public Improvements).
ACTION: Approved.
3.18 RESOLUTION NO. 9361
A2100.0 AGR-3637
Resolution of the City Council of the City of Orange approving and authorizing the
execution of a Cooperation and Reimbursement Agreement by and between the City of
Orange and the Orange Redevelopment Agency for the upgrading of SR-55 freeway
landscaping at the Lincoln, Katella, and Chapman interchanges.
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CITY COUNCIL MINUTES
November 28, 2000
3. CONSENT CALENDAR (Continued)
Mayor Coontz indicated the Council has worked diligently to improve the landscaping
along the SR-55 Freeway.
ACTION: Approved.
3.19 RESOLUTION NO. 9362
A2100.0 AGR-3638
Resolution of the City Council of the City of Orange approving and authorizing the
execution of a Cooperation and Reimbursement Agreement by and between the City of
Orange and the Orange Redevelopment Agency for the rehabilitation of a portion of Taft
Avenue.
ACTION: Approved.
3.20 RESOLUTION NO. 9363
A2100.0 AGR-3639
Resolution of the City Council of the City of Orange approving and authorizing the
execution of a Cooperation and Reimbursement Agreement by and between the City of
Orange and the Orange Redevelopment Agency for the rehabilitation of certain streets
within the Southwest Redevelopment Project Area.
ACTION: Approved.
3.21 RESOLUTION NO. 9364
A2100.0 AGR-3640
Resolution of the City of Orange approving and authorizing the execution of a
Cooperation and Reimbursement Agreement by and between the City of Orange and the
Orange Redevelopment Agency for the rehabilitation of certain streets within the
Northwest Redevelopment Project Area.
ACTION: Approved.
3.22 RESOLUTION NO. 9365
C2500.D
A Resolution of the City Council of the City of Orange expressing appreciation to Mayor
pro tern Mike Spurgeon and commending him for ten years of dedicated and outstanding
service to the citizens of Orange.
Bob Bennyhoff, 10642 Morada Drive, congratulated Mayor pro tern Spurgeon on his
retirement from the City Council. He has known him for 20 years and it has always been
a pleasure, both personally and professionally, to work with him.
ACTION: Approved.
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CITY COUNCIL MINUTES
November 28, 2000
3. CONSENT CALENDAR (Continued)
3.23 RESOLUTION NO. 9366
A2100.0 AGR-3543
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work improvement.
Bid No. 990-26, Hart Park Lighting
ACTION: Approved.
3.24 RESOLUTION NO. 9367
V1300.0
A Resolution of the City Council of the City of Orange upholding the recommendation of
the Planning Commission and approving a variance to reduce the required rear yard
setback from ten feet to five feet to accommodate a new structure upon property located
at 374 N. Cambridge.
Variance 2088-00/Applicant: Lis Giusto
ACTION: Approved.
NOTE: Councilman Slater abstained on this item due to a business conflict.
3.25 RESOLUTION NO. 9368
V1300.0
A Resolution ofthe City Council of the City of Orange upholding the recommendation of
the Planning Commission and approving a Conditional Use Permit to allow the
construction of a new 1-1/2 story structure consisting of an accessory second unit over a
new two-car garage/workshop upon property located at 374 N. Cambridge.
Conditional Use Permit 2347-00/Applicant: Lis Giusto
ACTION: Approved.
NOTE: Councilman Slater abstained on this item due to a business conflict.
MOTION
SECOND
AYES
- Spurgeon
- Murphy
- Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Items 3.13 and 3.14 were removed and heard separately. Councilman Alvarez abstained
on Item 3.6. Councilman Murphy abstained on Item 3.8. Councilman Slater abstained
on Item 3.24 and 3.25. All remaining items listed under the Consent Calendar were
approved as recommended.
END OF CONSENT CALENDAR
********
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CITY COUNCIL MINUTES
November 28, 2000
4. REPORTS FROM MAYOR COONTZ
Mayor Coontz reported on the recent concerns on community care homes in the City, and
pointed out the City has very little say on these homes. Sometimes the City can only make note
of where they are located and perform routine fire inspections. Care homes serve an important
need, but social service agencies need to inform residents when these homes are placed in
neighborhoods. The City Manager was instructed to look into ways in which the City can be
better notified when these homes are located in the City.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from the Director of Community Development and City Attorney on
R-2-6 zoning within the Low Density General Plan designation in Old Towne. C2300.I
SUMMARY: Prompted in part by concern related to an application to construct a second unit at
475 South Grand Street and possible future similar applications within the R-2-6 zone, residents
of the 300 and 400 blocks of South Grand approached the City Council to request a rezoning of
these areas to R-1. The residents also raised the question of whether the existing R-2-6 zoning is
inconsistent with the Low Density General Plan designation for the area. As this is a recurring
issue for development in the residential areas of Old Towne, staff was directed to work with the
neighbors, explore whether an inconsistency exists and report back to the City Council at the
November 28th meeting.
The Director of Community Development reported on a memorandum from the City Attorney
which states that while the R-2 zoning and the Low Density General Plan designation for the
South Grand Street area could be found legally consistent, it is also problematic. There is an
assumption by some homeowners in the R-2 area that they can develop their property to the
maximum density, and an assumption on the part of other homeowners that only single family
residences should be allowed in the Low Density Residential area. It is these two opposite
assumptions that create a problem. Staff is recommending that a study be initiated for this area
and report back to Council. The study will include the entire Old Towne Historic District as
there are a number of blocks with this inconsistency. These problems are mainly concentrated in
the southeast quadrant of Old Towne, but there are a few blocks in the other quadrants as well.
Councilman Alvarez suggested a committee such as the former Old Towne Steering Committee
be initiated to provide input and assist in these types of efforts.
Mayor Coontz agreed with the idea of a committee, but pointed out the need to resolve
membership problems which existed in the former Committee.
The following people spoke in support of a study for this area to resolve the zOlllng
inconsistencies:
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CITY COUNCIL MINUTES
November 28, 2000
7. ADMINISTRATIVE REPORTS (Continued)
Joan Crawford. 394 S. Orange
Joan Newcomb, 429 S. Grand
Tom Matusak, 340 S. Grand
Noel Wilcox, 458 S. Grand
John Goode, 438 S. Grand
Annalisa Goode, 438 S. Grand
Luis Caballero, 487 S. Grand
Mary Matusak, 340 S. Grand
Their concerns included a request for a moratorium on second units until this issue is resolved;
the need to update the Historic Element; and the need to clarity the use of net acreage vs. gross
acreage in calculating zoning.
Mayor Coontz discussed the history of this area, how it has changed over the years, and the need
to look at the entire area very carefully. There needs to be a clarification of the time line for this
proposed study, the exact geographical area being studied and exactly what the staff will be
studying. The gross vs. net acreage issue also needs to be resolved.
The City Attorney pointed out that most planners use gross acreage when determining zoning
classifications, but the General Plan refers to net acreage, which is an issue that will be reviewed.
MOTION
SECOND
AYES
- Mayor Coontz
- Alvarez
- Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to direct staff to report on how they will initiate a zone change study and General Plan
study within the Old Towne Historic District that includes all the properties which are designated
Low Density Residential and are zoned R-2, returning to Council on December 12, 2000. To
also include all residential properties and a potential of a building moratorium for the 300 and
400 blocks of south Grand Street.
8. REPORTS FROM CITY MANAGER
8.1 Report Regarding Proposed Changes to the Final Phase of Construction to the Theo
Lacy Jail Expansion OC1300.J
SUMMARY: In April 1991, the City and County of Orange entered into a Memorandum of
Understanding (MOU) regarding the expansion plans for the Theo Lacy Jail facility.
Subsequently, an amendment to the MOU was adopted by both parties in April 1998 that
addressed the future extension of Metropolitan Drive through the Manchester complex and the
adjacent Orange County Flood Control District property. Design and construction began on the
site in 1996. The Sheriff's Department is amending portions of the final phase of construction,
which will be presented to the Board of Supervisors at their meeting of December 5,2000.
NOTE: Mayor pro tem Spurgeon excused himself from this discussion due to an employment
conflict and left the dais.
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CITY COUNCIL MINUTES
November 28, 2000
8. REPORTS FROM CITY MANAGER (Continued)
The City Manager reported the amendment to the MOU will not result in any additional inmates
at the jail, and will eliminate one of the proposed buildings which will improve the appearance of
the facility.
In response to Council questions, the Director of Public Works reported Metropolitan Drive is on
the General Plan as a roadway to be extended easterly across the jail site and then northerly
along the Santa Ana River tying into Walnut. This has been a long standing proposal. The
MOU provided for a reservation of this right-of-way with the City having first right of refusal for
acquisition at the time certain parcels were acquired for jail expansion. There is still an
obligation improvement that could be imposed with a development proposal, for those
improvements that would be necessary to serve the adjacent property if a nexus could be
established. The City has agreed to pay for the rights-of-way for the project if this were pursued.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Alvarez
ABSENT - Spurgeon
Moved to receive and file the report; and support the Sheriffs Department's proposed
amendments to the Theo Lacy/Manchester Facility site plan contingent on the County continuing
to abide by the terms of the Theo Lacy MOU.
9. LEGAL AFFAIRS
9.1
ORDINANCE NO. 22-00 (SECOND READING)
ZI500.0
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code and approving the pre-zoning of property located between Jamboree Road and
the Eastern Transportation Corridor, south of Irvine Regional Park, currently in unincorporated
territory within Orange's Sphere of Influence and the re-zoning of property located west of
Jamboree Road, north of Chapman Avenue.
Zone Change and Pre-Zone Change 1204-00
Ordinance Amendment 22-00
Applicant: The Irvine Company, Santiago Hills II
MOTION - Slater
SECOND - Spurgeon
AYES - Slater, Mayor Coontz, Spurgeon, Alvarez
ABSTAINED - Murphy
Moved that Ordinance No. 22-00 be read by title only and same was approved and
adopted by the preceding vote.
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CITY COUNCIL MINUTES
November 28, 2000
9. LEGAL AFFAIRS (Continued)
9.2
ORDINANCE NO. 23-00 (FIRST READING)
A2500.0
An Ordinance of the City Council of the City of Orange amending Section 17.30.020 of the
Municipal Code of the City of Orange relating to locational requirements for adult enterprises.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 23-00 be read by title only and same was set for second reading by
the preceding vote.
9.3
ORDINANCE NO. 24-00 (FIRST READING)
ZI500.0
An Ordinance of the City Council of the City of Orange approving a pre-zone change request to
allow the reclassification of property located on the west side of Meads Avenue, approximately
400 feet south of Santiago Canyon Road, from the County E4-l to the City R-I-40 zone.
Zone Change 1207-00, Applicant: Muskoka Development
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 24-00 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 6:18 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
NOTE: Item b was not discussed in Closed Session
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Personnel Director Steven Pham
Employee Organizations Fire and Police
c. Conference with Legal Counsel- anticipated litigation:
Initiation of litigation pursuant to Government Code Section 54956.9(c) (one potential
case Cox Communications)
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CITY COUNCIL MINUTES
November 28, 2000
11. RECESSED TO CLOSED SESSION (Continued)
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
Sue Craig, 3402 E. Vine, expressed concern about limited resources with new development, and
asked how to obtain information on land use issues. The Director of Community Development
was instructed to contact her.
Jeannie Wronski, 3124 Larkstone, spoke in support of Carolyn Cavecche for appointment to the
upcoming vacant Council seat.
13.
PUBLIC HEARINGS
TAPE 3600
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: ZI500.0
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 reclassif'y property located north of
Chapman A venue and Chapman General Hospital, east of Santiago Creek to C-l (Limited
Business) from R -0 (Recreation-Open Space) and to reclassif'y property located at the southeast
corner 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 and October 24,
2000.
NOTE: Negative Declaration 1642-00 was prepared to evaluate the environmental impacts of
this project.
The Director of Community Development reported there are two parcels included in this
proposal - an eight acre parcel on the east side of the Santiago Creek Channel and a smaller half
acre parcel to the west. There are also four main parts of this application, which include the
following: 1) A General Plan Amendment to change the larger parcel from Low Density
Residential to General Commercial. She pointed out that each Element of the General Plan is
allowed four amendments per year. This amendment would be the third for this year. 2) A Zone
Change to change the zoning for the larger parcel from Recreational Open space to Limited
Commercial and to change the half acre portion of the site from Recreational Open Space to
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CITY COUNCIL MINUTES
November 28, 2000
13. PUBLIC HEARINGS (Continued)
Residential. Staff looked at this parcel for a potential park site or recreational use, and
determined it would not be conducive to an active park due to the unusual configuration and the
expense necessary for remediation of the soil. 3) A Conditional Use Permit to allow a mini
storage facility on the parcel zoned Commercial. This type of facility would include containers
and also a vehicle storage lot. 4) A Variance to allow an 8-1/2 foot perimeter wall. The
Planning Commission is recommending approval of the application.
Councilman Slater asked about the environmental finding included in the Staffreport regarding
the possible intrusion of the development into the Creek Channel and existing riparian habitat
and the subsequent mitigation measure being recommended. The Director of Community
Development reported there are a number of conditions for the development not being able to
intrude the creek channel or the 100 year flood plain area. A biological survey has been done as
part of the environmental review to document where the various plant and animal communities
are within the channel and bank areas.
MAYOR COONTZ OPENED THE PUBLIC HEARING
Barry Cottle, Applicant, 14841 Yorba, Tustin, thanked the Council for the time extensions they
have been granted as it was useful in addressing various issues. He reported this property is
unique given its unusual shape and condition of the soil. Over the last 24 years, there have been
several attempts to develop this property which all included attempts to deal with the soil
problems. They contacted consultants and did an in depth soil study, including trenching 26 feet
down and boring 45 feet. This has all been reviewed by the Orange County Solid Waste
Agency, the Local Enforcement Agency (LEA), whose conclusion is that the site is primarily
inert material and the amount of organic material is not significant. There has also been a
question of methane gas on the property. However, the material found on the property is not the
type to generate methane gas. The soil is such that it will not hold compaction, normal
construction or even a great deal of water. Also, the biologist's study stated there were no
sensitive plants or wildlife species observed on the site, and does not see any development
having a significant biological impact to the environment. The approximately 3-1/2 acres within
the adjacent Santiago Creek will not be directly affected by the development and will remain a
suitable habitat for plant and wildlife species.
He reported this will be a natural extension to the adjacent Wells Cargo Storage Facility, and will
be managed out of that facility. They intend to keep it neat and clean and maintain a single story
height. Vehicles will enter the facility from the end of Y orba Street through a gate.
He reported the City has asked for, and they have agreed to, an irrevocable dedication of an 80
foot strip of property for a possible extension of Yorba Street. However, he pointed out this
project does not have any impact on either the Yorba Street extension or whether the Walnut
Street bridge is developed. These projects will or will not occur regardless of this project. If the
City should decide to extend Yorba, they will move any and all facilities to accommodate it.
PAGE 15
CITY COUNCIL MINUTES
November 28, 2000
13. PUBLIC HEARINGS (Continued)
He discussed the historical marker plaque at Yorba Park which identifies a Portola expedition
camp site approximately 12 mile to the north, which is not on their property. They support a
bike trail through that area, although the City has not identified the exact location of a trail, and
they intend to maintain the integrity of the Creek and not encroach into it. He pointed out the
Orange County Flood Control District owns 200 feet of property next to this property, which is
the main body of the creek.
The Director of Community Development illustrated details of the project on a map, indicating
locations of the creek, slope, actual distances, Y orba Street dedication area and the configuration
of the property.
In response to Council questions, Mr. Cottle explained they will be required to improve Yorba a
short distance up to the edge of their property; and the time extensions they were previously
granted were necessary to meet with neighbors and address unknown issues. The biggest issue
was the review by the Orange County LEA.
In response to Council questions, the Director of Community Development explained the
applicant is not proposing to encroach into the Creek slope area, so no improvements would be
required of the Applicant. However, if the roadway were to be extended, then they would have
to create an appropriate base for stability along the creek. But this is not being triggered by this
development. Also, the Orange County LEA did review the soil report and concurred the site
had primarily inert material and the amount of organic material was not significant. However,
they are recommending probes be installed along the boundaries to the southeast to determine if
methane gas exists. They don't anticipate finding methane gas, based on the soils report, but
recommend the probes as a safety measure.
The Director of Public Works explained if methane gas was found, the property owner would be
required to initiate a gas recovery system to draw the gas back onto the property, clean it and
discharge it to the atmosphere, all subject to the suitable permits from various regulatory
agencIes.
PUBLIC COMMENTS
TAPE 5940
The following person spoke in a neutral position on funding sources for parks:
James Gorham, 1252 Santa Ana,
The City Attorney pointed out that comments need to be focused only on the merits of this
project and not in terms of whether or not the City would want this property for a park.
The following people spoke in opposition to the project:
John Williams, 3423 E. Lambeth Ct. #F
Oz Enderby, 6719 E. Oak Lane
PAGE 16
CITY COUNCIL MINUTES
November 28, 2000
13. PUBLIC HEARINGS (Continued)
Sue Craig, 3402 E. Vine
John Pentecost, 2745 Bennett
Allen and Vicki Nauss, 261 N. Malena
Shirley Grindle, 5021 E. Arran
Charles Brautigam Jr. 406 N. Kenwood #C Orange
Vera and Fendt 2747 Bennett
Jim Meyer, P. O. Box 4048, County Regional Trails Committee
Marilyn Moore, 2707 Killingsworth
Paula Hill, 232 N. Wheeler Street, submitted letter
John Moore, 2707 Killingsworth
Doug Langseth, 195 N. Malena
Shalon Trueman, 2720 E. Walnut #32
Marilyn Ganahl, address on file
Sherri Miller,
Mary Killinger, 3738 E. Walnut
Don Brannon, 3726 E. Walnut
Susan Rhodes, 202 N. Wheeler
Bob Siebert, 1308 Fairway Drive
Bob Mackenzie 4449 N. Handy St.
Mike Mackenzie 271 N. Malena Dr.
Arlen Craig, 3402 E. Vine
Council recessed at 9:20 p.m. and reconvened at 9:35 p.m.
Frank Roper, 355 N. Fern,
Tom Anderson, 1392 N. Stallion St.
Roger Young, address on file
Shiron Mackenzie, 4449 Handy
Ted Endres, 1010 River Lane
Steven Smith, 605-C N. Pageant Dr.
Sandy Rickard, 4625 E. Walnut
Julia Jones Ufkes, 20121 E. Clark St.
Bill Bouska, 270 N. Malena, submitted three letters and a petition with approximately 51
signatures.
Bia Tiritilli, 825 Clemensen
David Sampica, 3134 E. Ruth Place, submitted photographs of creek area
Scott Haiduc, 3134 E. Ruth
Peter Wetzel, 7217 E. LaCumbre
Howard DeCruyenaere, 2417 N. Park, Santa Ana, President, Santiago Creek Greenway Alliance
Patrick Mitchell, 233 LaVeta
Tim McCormick, address on file
Jon Dumitru, 860 N. Kathleen #A
Michael Franco, 215 N. Malena
PAGE1?
CITY COUNCIL MINUTES
November 28, 2000
13. PUBLIC HEARINGS (Continued)
The following concerns expressed:
need for recreational open space
blocking of views
preservation of natural greenbelt areas
potential noise problems
storage facility belongs in an industrial area
Master Plan of Trails should be completed before decision is made
once zoned commercial, other uses could be developed
possible illegal transactions in storage units
drainage issues
heat generated by pavement and metal containers
already too many storage unit facilities
full environmental assessment should be done
critical link for regional bikeway trail
disturbance of natural habitat
property values will be lowered
flood plain and water runoff issues
campaign promises to secure park land and maintain open space
historical land use and anthropological importance
APPLICANT RESPONSE:
Mr. Cottle addressed concerns as follows:
Access to the half acre parcel will be from Palm Avenue and the zone change will bring it in
conformance with the surrounding neighborhood
Development will be single story so as not to block views
They are the developers ofthe property, not the property owners
The City determines if an EIR or Negative Declaration is required, not the applicant.
The Creek is being left in a natural state; they are not creating concrete channels
The current water flow is 2/3 lower than in 1969 when the 100 year flood occurred.
The level of the property is 15 to 16 feet above the 100 year flood plain.
There will be 4 fire hydrants on the property
The height of the perimeter fence was determined by the Design Review Committee
There will be an on-site manager
The property is zoned Recreation Open space, but designated Low Density Residential in the
General Plan. When a conflict occurs between the zoning and the General Plan, the General
Plan supercedes the zoning.
Because of their distance from the Creek, they are not required to improve the creek channel.
Diane Tanna, T & T Management, addressed concerns regarding the management of the facility.
She stated they have strict contracts which prohibit the storage of hazardous materials. They
require picture IDs of facility users, have cameras at the entrance gates, and work with State
PAGE 18
CITY COUNCIL MINUTES
November 28, 2000
13. PUBLIC HEARINGS (Continued)
criminal prevention agencies to look for potential problems. There will only be approximately
25 to 30 user trips per day into the facility and their hours will be 8:00 a.m. to 6:00 p.m. for the
office and 7:00 a.m. to 7:00 p.m. for the gate.
The Director of Community Development explained why a Negative Declaration was prepared
and not an Environmental Impact Report. The City reviews an initial CEQA checklist to
determine impacts. If it is determined there are no impacts above and beyond those that can be
mitigated by a fairly standard mitigation measure, a negative declaration can be prepared. An
EIR is required only if the initial checklist finds substantial impacts.
THERE BEING NO OTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING. TAPE 2-4160
Mayor Coontz stated in the history of the City, every decade has generated a different interest -
the most recent interest being sports parks and parks in general. She proposed the sports park
concept years ago which the City has moved ahead with. With regard to the Beazer residential
development, Beazer originally presented a sports park plan for that area, but then decided not to
give property to the City, but instead to the highest bidder. The City was forced to take the
property through eminent domain in order to give the residents what they were promised. She
reported the City is also looking at other parcels which are under currently under negotiation.
With regard to the creek greenway, the City is working on a plan for the entire Santiago Creek,
recreation trails and open space through the Rivers, Trails and Conservation Assistance Program.
This is for the entire creek, not just for this part, and is a very ambitious plan. This will address
trails, the greenway and flooding issues. The Council is moving in the direction of trails and
open space, but suggested they not concentrate just on this parcel alone for open space, but rather
need to look at the entire City. It would be a huge investment to pay for this piece of property
for use as a park. She suggested a compromise to add other issues, such as bikeways.
Councilman Alvarez spoke on the importance of this Creek and how this particular area ties
everything together; and the National Park System's involvement with the Creek Corridor. The
Master Plan of Bikeways needs to be addressed as well as the historical significant of this area.
The threshold for storage units has been met in the City, and stated it would be best for the
community to not support the zone change.
The City Attorney reiterated the fact the Council needs to focus on the merits of the project and
not the potential of this property as a park site.
Councilman Slater stated he appreciated the public's input, especially given the extensions of
this project. In reading the Planning Commission Resolution, he noted a Conditional Use Permit
(CUP) for a storage facility must meet certain criteria: 1) The proposal is granted upon sound
principles of land use and in response to services required by the community. There are already
numerous storage facilities in the City and he didn't see a need for an additional one. 2) The
proposal will not cause deterioration of bordering land uses or create special problems for the
area in which the site is located. As a residential realtor, it was his opinion this project will
PAGE 19
CITY COUNCIL MINUTES
November 28, 2000
13. PUBLIC HEARINGS (Continued)
cause the deterioration of surrounding property values and, instead, belongs in an industrial area.
It will create special problems, especially with the consideration of methane gas and the potential
for probes being installed next to residential properties. 3) The proposal has been considered in
relationship to its effect on the community or neighborhood plans for the area in which the site is
located. This facility will not have a positive effect. 4) The proposal is made subject to those
conditions necessary to preserve the general welfare, not the individual welfare of any particular
applicant. He noted there have been no speakers in support of this project.
Councilman Slater stated it was reported to him by a Planning Commissioner that the Planning
Commissioner deeply regretted their decision to vote in favor of this project. The Council was
provided a copy of the letter from this Planning Commissioner stating the reasons for this
decision. He also expressed concern about the lack of environmental review, and there should be
aesthetic considerations. One ofthe mitigation measures suggested by the Planning Commission
was that the residents were to be surrounded by an 8-1/2 foot block wall fence. This is a
negative aesthetic consideration. Also, in the Master Plan of Bike Trails, the trail travels along
the Creek and users of the trail would probably rather look at open space or a residential area, but
not a storage facility. This is not conducive to a greenway. Other considerations include the
marker at Yorba Park indicating a possible historic event one half mile from the park; possible
flood problems and an erosion of the creek bank; hydrology issues with eight acres of asphalt
adjoining the creek and runoff of grease and oil from stored RV's. With regard to land use
planning, if this is zoned commercial, a storage facility could be just a temporary use, and in the
future a more intense commercial development could occur. Once it is zoned commercial, it will
never return to any other zone. He is not suggesting the City purchase this property for a park,
but doesn't want it rezoned for commercial facilities. He would like to retain this property for
open space, as this is a mistake that could affect the City for years. He stated the applicant is an
honorable man and has worked on this project for a long time, but a great deal has changed over
the years. Orange is a different City than what it was and we need to look at this project in the
present.
Mayor Coontz indicated there have been numerous fliers with misinformation, and requested a
clarification from staff on the comments made in the letter from the Planning Commissioner.
The Director of Community Development reported on the following points:
1) There was concern whether the potential for a park on this site had been considered by a Parks
Committee. It has been reviewed by the Park Planning and Development Commission who
agreed with Community Services staff that at this time the City not acquire the property due to
the costs of acquisition, soil remediation and inapplicability for active sports use. 2) With regard
to the historical marker, the historic site in question is north of this site, but cart not be
determined exactly. However, the area has already been disturbed from previous use. 3) This
site can not be connected to Rock Creek Park as it is not immediately contiguous. However, if
the railroad property was available and added to the sports park, then this parcel could provide
some additional park development or support to a larger park site. 4) There is no senior housing
proposed for this site.
PAGE 20
CITY COUNCIL MINUTES
November 28, 2000
13. PUBLIC HEARINGS (Continued)
Councilman Murphy asked for clarification on the County plan for bikes and trails. The Director
of Community Development reported this is a plan the City is working on and there is an
assistance grant from the National Park Service. The City is looking at various types of trails
and a greenway and the County also has it on their plan as a greenway. The City is not ready to
identify what the boundaries of the greenway would be or identify where exactly bike trails
would go along the greenway. Yorba Street is on the Master Plan as a study street and the right
of way being dedicated is 80 feet, which could accommodate a bike trail along the roadway. If
the City decides to take the roadway off the Master Plan, there may be a problem in developing
the bikeway. The Applicant would have to be willing to dedicate the property for the trail.
The City Attorney indicated the Applicant would have to make an offer of dedication in order for
the City to accept it. If this development didn't take place, in order to get property for both the
roadway or the trail, the City would have to purchase it.
Councilman Alvarez asked if there is any way to determine the significance of the historical
marker and the site in general, and if it jeopardizes this project.
The Director of Community Development reiterated there is some historic significance but any
impact from this development is questionable. The site is not in its natural condition as it has
already been disturbed by previous use.
Mayor Coontz offered a book entitled, "Historic Place Names in Orange County," as a reference
guide to historic markers.
Councilman Murphy asked about possible future development of this property if it were to be
zoned commercial and the current condition and ownership ofthe creek.
The Director of Community Development reported the process for review of any future
development would depend on the type or amount of development. The soil would probably
have to be remediated, and future development would probably require additional environmental
review through the public hearing process. With regard to ownership of the creek area, there are
several owners, including the Orange County Flood Control District, and any clean up of the
creek may require permits from various agencies, depending on the type of work involved.
Mayor pro tem Spurgeon asked about the possible extension of Y orba and its alignment, and
whether the City can compel the dedication of property from the applicant for a trail or bikeway.
The Director of Public Works reported the exact alignment of an extension has not been
determined. The extension would first depend on the need, and if there is a need, then the
classification of the roadway; but an extension may be problematic from both an economical or
environmental standpoint.
With regard to the dedication of property from the applicant, the City Attorney stated there
would have to be a nexus between this project and the need for a bike trail in order to condition it
as part of an approval. However, if the Applicant chooses to make an offer to the City to use a
PAGE 21
CITY COUNCIL MINUTES
November 28, 2000
13. PUBLIC HEARINGS (Continued)
portion of the Yorba right-of-way for a bike trail, the City could accept that offer of dedication.
The current irrevocable dedication of property by this applicant is for street purposes only. If
Y orba were not to be extended, that dedication would be abandoned and returned to the property
owner.
The Council discussed the possibility that the extension of Y orba may not go through, but there
would still be a need for bike or recreation trails. It was determined that approximately 30 feet
of right-of-way would be necessary to accommodate both types of trails. Discussion ensued
regarding staging areas and the Caltrans improvements at Santiago Creek and the SR-55
Freeway. Caltrans did make a provision for a ten foot bench on the southeasterly side of the
Creek, but it is not mandated that it stay on that side. This would not be determined until some
time next year. There is currently no right-of-way on either side for a bike lane and/or recreation
trail.
Mr. Cottle indicated he was aware of the 14 feet necessary for a bike trail, but not aware of a 30
foot requirement for an additional recreation trail. They are offering an irrevocable dedication of
80 feet for the roadway, and discussed using that dedicated property for bike trail purposes.
Mayor Coontz discussed the possibility of a staging area for a bike trail on the west side of the
Creek and also a crossing area. TAPE #3
Mr. Cottle discussed using the west side, hopefully for a limited time, for a staging area if that
would help the trail system work - they would work with staff on that. But if the City decides
not to use it, which is conditioned on the study, it would be released back to them and if the
zoning were to allow, they could then build a single family home on that parcel.
Councilman Slater indicated that since the trail information is new in terms of exact location for
both the bike and recreation trail, the City should be able to leave the option open to put either
both trails on one side or split them between the two sides. These options should remain open.
Anything less than 30 feet on both sides would limit the City's options. He is opposed to the
project; however, ifit should be approved, he would want the ability to construct the trails.
Mr. Cottle indicated they are already making an irrevocable offer of 80 feet on the east side of
the Creek, and would offer for a limited time, the lot on the west side if that would expedite the
entire trail system in the area. The City can use the 80 feet on the east for whatever they want. If
the City wants to use all or part of that 80 feet for a trail - they would not object to that. The
City can expand the purpose of the 80 feet.
The City Attorney suggested the 80 feet could be dedicated for street, bikeway or recreational
trail purposes.
Mayor Coontz asked the Applicant if the 80 feet they are dedicating is irrevocable regardless of
how it is used? Mr. Cottle indicated that is correct, whatever the City wants to do with it. They
are making the offer for any use. With regard to the possibility of a staging area on the west if it
PAGE 22
CITY COUNCIL MINUTES
November 28, 2000
13. PUBLIC HEARINGS (Continued)
is needed for the trail system, they would offer it but would prefer that it not be forever, but for a
limited time only.
Council discussed the alignment of the dedicated 80 foot right-of-way and the need to have the
trail on the most stable land possible, and not accept land which is at the bottom of the creek. It
was determined that the 80 foot dedication would not allow 30 feet on stable land above the
creek.
Mr. Cottle stated they are willing to have the trail before Y orba goes through. They have the
offer of the irrevocable 80 feet, but if the City would like the trail sooner, they will offer to give
the City now, or to use during that time period, 14 feet now. They could move everything 14
feet to the east, so none of the 14 feet would be in the creek, but on flat land to use. If Y orba
does go through in the future and those improvements were done, then that would come out and
Yorba would go through. If Yorba was never extended, that 14 foot trail could stay there
forever. That 14 feet could be used for a bike trail or a combination trail. They can not give 30
feet, only 14 feet.
Councilman Slater pointed out this would preclude the recreation trail from ever going in.
Council discussed the fact it is not possible to get a combination of a recreation trail and a bike
trail on the east side of the creek, and discussed the options of putting the trail on the east or west
side of the creek.
The Director of Public Works indicated the reason there are two alignments being considered, on
the east and west sides of the creek, is there are some problems with the east side. There are
structures and obstructions on the east side and a problem with the meandering creek north of
Chapman, which may involve environmental and construction cost issues. It is too early to
determine which alignment is the best without examining all these factors. The west side does
not have the obstructions that the east side has but there is a crossing that would be required.
The construction costs for the west side will most likely be less than the east side. There would
not be a crossing in that area, it would have to take place south of Chapman. Studies are not
definitive enough to make this determination.
Mr. Cottle agreed to offer up to 30 feet of flat area along the top of the slope until Yorba goes in,
with the same terms as discussed. IfYorba were to go in, and it wasn't used, they would get the
property back. They would move everything over 30 feet, but would still have to comply with
emergency regulations, etc. They would eliminate some of the containers, but the configuration
would basically remain the same. The final site plan will have to come back for staff review.
They will make these changes now, and not when the trail is constructed, as they would not want
to put everything in and then have to move it out.
Councilman Murphy asked about the sewer clean out facility in the far east corner of the project,
and the potential impacts for odor with a facility to remove waste products from an RV, and
suggested it be removed.
PAGE 23
CITY COUNCIL MINUTES
November 28, 2000
13. PUBLIC HEARINGS (Continued)
Mr. Cottle agreed to remove it or move it away from the adjacent residential area.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez
NOES - Murphy, Mayor Coontz, Spurgeon
Moved to deny Negative Declaration 1642-00 based upon the evidence that the project will have
the potential for significant impacts on the environment and wildlife resources.
MOTION DIED.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Mayor Coontz, Spurgeon
NOES - Slater, Alvarez
Moved to approve Negative Declaration 1642-00 with the finding that proper mitigation has
been put into place to facilitate the project, in that it will not have a significant impact on the
environment or wildlife resources.
MOTION CARRIED.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez
NOES - Murphy, Mayor Coontz, Spurgeon
Moved to deny General Plan Amendment No. 3-00 as outlined III Planning Commission
Resolution No. PC-51-00.
MOTION DIED.
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Mayor Coontz, Spurgeon
NOES - Slater, Alvarez
Moved to approve General Plan Amendment No. 3-00 as outlined in Planning Commission
Resolution No. PC-5l-00.
MOTION CARRIED.
PAGE 24
CITY COUNCIL MINUTES
November 28, 2000
13. PUBLIC HEARINGS (Continued)
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Mayor Coontz, Spurgeon
NOES - Slater, Alvarez
Moved to approve Zone Change No. 1205-00 as outlined in Planning Commission Resolution
No. PC-52-00.
MOTION CARRIED.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez
NOES - Murphy, Mayor Coontz, Alvarez
Moved to deny Conditional Use Permit No. 2339-00, as outlined in Planning Commission
Resolution No. PC-53-00 as this project does not meet the requirements for a Conditional Use
Permit for the reasons as stated previously for the record by Councilman Slater.
MOTION DIED.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Mayor Coontz, Spurgeon
NOES - Slater, Alvarez
Moved to approve Conditional Use Permit No. 2339-00 as outlined in Planning Commission
Resolution No. PC-53-00 with conditions discussed, including the dedication of 30 feet on the
top of the slope for trails, the option of dedication on the other side should that trail be the option
and deletion of the sewer clean out facility.
MOTION CARRIED.
MOTION -Spurgeon
SECOND - Mayor Coontz
AYES - Murphy, Mayor Coontz, Spurgeon
NOES - Slater, Alvarez
Moved to approve Variance No. 2089-00 as outlined in Planning Commission Resolution No.
PC-54-00.
MOTION CARRIED.
PAGE 25
CITY COUNCIL MINUTES
November 28, 2000
13. PUBLIC HEARINGS (Continued)
13.2 TRASH COLLECTION FEES
TAPE 3 - 8570
C2500.M.l
Time set for a public hearing to consider the adoption of specified fees for trash collection and
approval of Resolution No. 9352 approving the annual revision of solid waste service charges.
The City Council, on April 27, 1999, approved a contract agreement between the City of Orange
and Waste Management of Orange County. Said agreement allows Waste Management to
submit an annual rate adjustment request based on defined, relevant economic factors including
changes in the producer price index and landfill-tipping fee. Staffreviewed and verified the rate
adjustment request. Resolution No. 9352 lists all proposed rates.
The Director of Public Works reported this rate adjustment will become effective January I,
2001 and is the first year adjustment in a ten year contract. There is no increase in the tipping
fee, and the overall increase in gross rates is approximately 3.2% for residential and 3.8% for bin
rates. Compared to other cities, Orange is the second lowest for residential rates and the 9th
lowest for commercial rates.
MAYOR COONTZ OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 9352
A Resolution of the City Council of the City of Orange approving the annual revision of charges
for solid waste collection and disposal services.
MOTION - Alvarez
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to adopt Resolution No. 9352.
13.3 GENERAL PLAN AMENDMENT 5-00, NEGATIVE DECLARATION 1654-00,
BIKEWAYS MASTER PLAN UPDATE: C2300.H
Time set for a public hearing on petition by the City of Orange to consider General Plan
Amendment 5-00 to update the City's existing 1995 Bikeways Master Plan. Key changes in the
revised document include: identification of bike routes constructed since 1995, bike lane/route
construction costs, graphics and available funding sources for bikeways improvements; the
establishment of criteria to be used in the prioritization of bikeway construction; and the
expansion of community and employer outreach programs.
NOTE: Negative Declaration 1654-00 has been prepared for this project.
PAGE 26
CITY COUNCIL MINUTES
November 28, 2000
13. PUBLIC HEARINGS (Continued)
The Director of Community Development reported the 1995 Bikeways Master Plan needs to be
brought up to date in order to qualify for state grant funding, and there are no significant changes
in either adding or deleting bikeways.
MAYOR COONTZ OPENED THE PUBLIC HEARING
Roy Shehbazian, 3803 E. Palm, thanked the Council for their commitment to bikeways and
subsequent funding, and hoped that progress will continue to be made on this plan in achieving
the goals and objectives. He also stressed the importance of an outreach program to the
community and employers to encourage bicycle commuting.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Negative Declaration 1654-00 with the finding that there is no substantial
evidence that the project will have a significant effect on the environment.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve General Plan Amendment 5-00 as outlined III Planning Commission
Resolution No. PC 70-00.
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 12:45 a.m. to an Adjourned Regular Meeting on December 5,
2000,7:00 p.m. for the City Council Oath of Office Ceremony.
Cu~~~w~x
CASSANDRA J tATHCART, CMC
CITY CLERK
JOANNE COONTZ
MAYOR
PAGE 27