1/14/2003 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON JANUARY 28,2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 14,2003
The City Council of the City of Orange, California convened on January 14,2003 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 Reverend Roy Schlobohm, First Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Carolyn Cavecche
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation was given by the American Red Cross to Rocky Rombough, Orange resident
and high school freshman, for saving his grandfather's life in April, 2002.
Michael Seltzer and Eric Adams of the YMCA Indian 500 Event challenged the Mayor
and Councilmembers to participate in the Indian 500 Chiefs Race, at noon on February
1,2003, at the Mall of Orange.
Mayor Murphy announced Council will adjourn in memory of Police Captain John
McElwee.
2. PUBLIC COMMENTS
Arlen Craig, address on file, spoke on build out, and submitted a flyer distributed by The
Irvine Company on open space.
Rick Cryder, 307 S. Wrightwood, asked for direction from the Council on a proposed dog
park at Y orba Park; asked why the park is still closed; and asked the Council to agendize
a vote on whether the Council is going to allow a dog park use at Y orba Park.
3.
CONSENT CALENDAR
TAPE 535
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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CITY COUNCIL MINUTES
January 14, 2003
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 January 14, 2003 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, Shaffer Park,
summarized on Time-Warner Communications and available on the City's Website
www.cityoforange.org, 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 ofthe City Clerk.
3.2 Request Council Confirmation of warrant registers dated December 5, 12, and 19,
2002.
ACTION:
Approved.
3.3 Request approval of City Conncil Minutes, Adjourned Regular Meeting of
December 3, 2002 (corrected), Regular Meeting of December 10, 2002 and
December 24, 2002.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the City Treasnrer's Report for the period ending November 30,
2002.
ACTION:
Approved.
3.6 Receive and file the audited financial statements and related reports for the year
ended June 30, 2002. (C2500.J.1.3)
ACTION:
Approved.
3.7 Receive and file Annual Financial Reports for Development Impact Fees.
(C2500.J.1.0.3)
ACTION:
Approved.
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3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.8 Renewal of a Lease Agreement at 292 North Main Street, business owner, Skip
Harrington. (A2100.0 AGR-2735.1)
SUMMARY: This is a renewal of an existing lease for a 5-year period. The lease
payment has been increased by 2.7% with an annual adjustment based on the CPr. The
lessee now pays the monthly water bill and security alarm expenses.
ACTION: Authorized the Mayor and City Clerk to execute a First Amendment to Lease
Agreement and Memorandum of First Amendment to Lease Agreement for the property
located at 292 N. Main Street.
FISCAL IMPACT: None.
3.9 Amendment No.1 to Consultant Services Agreement with P&D Environmental for
Professional Engineering Services for the Chapman Avenue and Tustin Street
Environmental Documentation Preparation. (A2100.0 AGR-3887.1)
SUMMARY: This contract amendment is needed to allow the consultant P&D
Environmental to provide additional environmental services to revise and complete the
technical studies and environmental documents required for compliance with NEP A and
CEQA requirements.
The scope of the intersection improvement project has been scaled down to reflect the
timing and availability of funding for this project. Due to the revised scope, existing
technical reports, and draft environmental documents prepared by the Consultant will
need to be revised.
ACTION: Approved Amendment No. I to P & D Environmental, and authorized the
Mayor and City Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: No Impact on Budget. The additional work by the Consultant will
require no additional funds to be expended on the project at this time. With the deletion
of optional tasks, and the availability of contingency amounts established in the original
Consultant Services Agreement, the additional costs incurred to the project will not
require an increase in the original contract.
3.10 Second Amendment to the Contract with the Soto Company for Landscape
Maintenance of City Parks. (A2100.0 AGR-2662.A.2)
SUMMARY: It is recommended that the City Council approve the Second Amendment
to the contract with the Soto Company in an amount not to exceed $20,000 for landscape
maintenance services at Grijalva Park. The Landscape maintenance of Grijalva Park will
begin on March 1, 2003 through June 30, 2003, with three (3) one year options for
renewals through June 30, 2006.
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CITY COUNCIL MINUTES
January 14,2003
3. CONSENT CALENDAR (Continued)
ACTION: Approved the Second Amendment to the Contract with Soto Company in an
amount not to exceed $20,000; and authorized the Mayor and City Clerk to execute the
Second Amendment to the Contract on behalf ofthe City.
FISCAL IMPACT: Sufficient funds have been budgeted for landscape maintenance
services for FY 2002-03 in account 100-7022-427100 (Contractual Services) $20,000
3.11 Arterial Highway Rehabilitation Program - Award of Consultant Services
Agreement to NBCE, Inc. for the design of rehabilitation improvements on Garden
Grove Blvd. from The City Drive to Park Vine Street, and The City Drive from
Garden Grove Blvd. to 300 ft. south of the 22 Freeway. (A2100.0 AGR-4198)
SUMMARY: The subject projects were approved for funding under the Arterial Highway
Rehabilitation Program in May 2002. This contract authorizes the design consultant to
evaluate the pavement, recommend rehabilitation measures and prepare plans,
specifications and cost estimates for bidding.
ACTION: Awarded a contract in the amount of$49,830.00 to NBCE, Inc., 17501 E. 17'h
Street, Suite 270, Tustin, CA 92780, and authorized the Mayor and City Clerk to execute
on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the following accounts:
272-5011-483300-3223
262-5011-483300-3223
550-5011-483300-3223
272-5011-483300-3212
262-5011-483300-3212
550-5011-483300-3212
$144,846.00 (Gas Tax 2105)
$144,846.00 (Measure M Turnback)
$241,410.00 (OCTA)
$ 99,189.00 (Gas Tax 2105)
$ 99,190.00 (Measure M Turnback)
$165,316.00 (OCTA)
Total $894,797.00
3.12 Consultant services agreement with Hogle-Ireland, Inc., a private planning
consulting firm, to provide direct current and advance planning work related to
Chapman University. (A2100.0 AGR-4199)
SUMMARY: The goal of the Planning Division is to provide quality professional
planning services. Chapman University has a number of significant projects in various
stages ofreview. Chapman University approached the City about the potential need and
benefit of the City hiring a contract planner dedicated to working only on Chapman
University projects.
ACTION: Approved and authorized the Mayor and City Clerk to execute the consultant
services agreement with Hogle-Ireland, Inc. for contract planning staff to work on
Chapman University projects. The contract amount is not to exceed $100,000.
FISCAL IMP ACT: None. The cost of the contract planner will be paid for by the
applicant, Chapman University.
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January 14,2003
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY) TAPE 750
3.13 First Amendment to Agreement for the Annexation of Unincorporated County
Territory between the County of Orange and the City of Orange. (AGR-3946.1)
SUMMARY: Pursuant to a request by the County of Orange, the City and the County
negotiated an agreement for the annexation of thirteen (13) unincorporated islands of
territory located within the City's corporate boundaries. The First Amendment reflects
the changes to the terms relating thereto and anticipates what will happen if only eleven
(11) islands are annexed.
Discussion
Councilmember Ambriz asked about a discrepancy in the numbering of the annexation
islands and what the time frame is to annex the two additional islands not included in this
agreement.
John Sibley, Assistant City Manager, reported the original designation on the annexation
map included both 4-0R and 3-0R numbers, indicating the areas were either in the
Fourth District or Third District. With reapportionment, the City is now entirely in the
Third District, and the numbering is being changed to reflect this. He also reported the
time frame for the two other islands depends on the property owners and could be within
the next two to five years; and the primary reason for making the amendment to the
agreement was to allow the City to receive the $1.5 million in road funds that are tied to
the 11 other annexations.
MOTION - Ambriz
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: 1) Approved the First Amendment to Agreement, and authorize the Mayor
and City Clerk to execute the agreement on behalf of the City; and 2) Authorized the
City Manager to carry out and implement the agreement and to administer the City's
obligations, responsibilities and duties to be performed thereunder.
FISCAL IMP ACT: After the completion of the eleven (11) county islands, a transfer of
$1.5 million in Road funds from the County to the City and approximately $92,000 in
property taxes annually. The First Amendment also details the future distribution of
County Road and property tax funds as it pertains to the annexation of the two large
county islands, which may have a fiscal impact at a future time.
APPROPRIATIONS
3.14 Appropriation of funds received from Santa Ana College for Fire Department
training. (C2500.H)
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3. CONSENT CALENDAR (Continued)
SUMMARY: Santa Ana College offers a program, similar to the Joint Apprenticeship
Committee (lAC) program at the state level, which reimburses the fire department $2.50
per person for each hour of training. The Fire Department recommends that these funds
be used to supplement the department's overall training program budget.
ACTION: 1) Appropriated $10,000 to Account 100-3023-429400-2521 (Fire Training
Santa Ana College). 2) Amended the Revenue Budget 100-3023-292100-2521 (Expense
Reimbursement - Fire Training) by $10,000 to reflect the funds received from Santa Ana
College.
FISCAL IMPACT: None. The program is funded entirely through Santa Ana College.
(REMOVED AND HEARD SEPARATELY) TAPE 850
3.15 Appropriate funds for environmental cleaning of the outdoor dining areas in
Orange Plaza and award of contract to RecovrX Industries. This contract also
includes the environmental cleaning services for the Metrolink Station and Plaza
Park. (A2100.0 AGR-4201)
SUMMARY: Restaurants with outdoor dining in the public right of way are required by
ordinance to obtain an outdoor dining permit. The revenue from these permits is used for
the environmental cleaning of the established dining areas. The revenue from the permits
defray a portion of the environmental cleaning cost.
Discussion
Councilmember Ambriz asked if there was any other way to pay for this type of service
other than with General Funds, especially for the Metrolink Station; and asked about
using two contractors instead of one.
The Public Works Director reported the City has been told over the years by both
Metrolink and OCTA that the maintenance of the Metrolink Station is the City's
responsibility, which is a policy throughout the County. The maintenance in the Plaza is
driven by special events and outdoor dining activities; and currently outdoor dining
facilities are issued permits and do pay cleaning fees. However, these fees do not cover
the entire cost of the cleaning. He also reported it is more economical to have one
contract for the work at both locations.
Councilmember Coontz noted it has taken the City a while to get to this point; but that
everyone seems to be cooperating; and that there can be health and safety issues with the
volume of people that eat in the outdoor downtown area.
In response to questions by Councilmember Cavecche, the Public Works Director noted
this particular company has already been used for this cleaning on a per event basis.
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3. CONSENT CALENDAR (Continued)
MOTION - Ambriz
SECOND - Cavecche
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSTAIN -Alvarez
Mayor pro tem Alvarez abstained due to a property interest at 130 South Glassell and 60
Plaza Square.
ACTION: Appropriated $27,230 from unappropriated reserves to Account No. 100-
5022-427100 (Contractual Services); and awarded contract in the amount of $45,230 to
RecovrX Industries and authorized the Mayor and City Clerk to execute on behalf of the
City.
FISCAL IMPACT: After appropriation, $27,230 will be available in Account 100-5022-
427100 (Contractual Services).
BIDS
3.16 Sidewalk Replacement Around Tot-lot at La Veta Park; Approval of Plans and
Specifications and Authorization to Advertise Bids. (C2500.M.4.7)
SUMMARY: Plans and specifications are completed for the sidewalk and bench
replacement around the tot-lot at La Veta Park, and the project is ready to advertise for
bid.
ACTION: Approved plans and specifications and authorized staff to advertise to bid for
the sidewalk replacement around the tot-lot at La Veta Park.
FISCAL IMPACT: Sufficient funds are in the following account:
310-9645-485100-0087 (CDBG - La Veta Park): $20,000
3.17 Tot-lot Equipment Replacements at Shaffer, Olive and Eisenhower Parks; Approval
of Plans and Specifications and Authorization to Advertise for Bids. (C2500.M.4)
SUMMARY: Plans and specifications are completed for the removal and installation of
the tot-lot equipment at Shaffer, Olive and Eisenhower Parks, and the project is ready to
advertise for bid.
ACTION: Approved plans and specifications and authorized staff to advertise for the
removal and installation of the tot-lot equipment at Shaffer, Olive, and Eisenhower Parks.
FISCAL IMP ACT: Sufficient funds exist in the following accounts:
510-7021-481200-0121 (Shaffer Park) $ 42,770
310-9645-481200-0121 (CDBG Shaffer Park) $ 60,000
511-7021-481200-0042 (Olive Park) $ 30,000
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CITY COUNCIL MINUTES
January 14,2003
3. CONSENT CALENDAR (Continued)
310-9645-481200-0042 (CDBG Olive Park)
510-7021-485100-0092 (Eisenhower Park)
310-9645-485100-0092 (CDBG Eisenhower Park)
Total:
$ 60,000
$ 10,000
$ 60.000
$262,770
3.18 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Marlene Spielrnan
b. Renee Ulnick
c. Southern California Gas Cornpany
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster
CONTRACTS
3.19 Contract Change Order No.2; Bid No. 012-27; Project No. SP-3373, Grijalva
Community Park. (A2100.0 AGR-3965)
SUMMARY: Contract Change Order No.2 authorizes payment for extra work at agreed
prices. The amount of Contract Change Order No.2 is $31,791.90
ACTION: Approved Contract Change Order No.2 in the amount of $31,791.90 to
Consolidated Contracting Services, Inc. for the extra work.
FISCAL IMPACT: Funds are budgeted and available in the following account:
510-7021-485100-0149 $31,791.90 (Grijalva Community Park)
3.20 Final Acceptance of Bid 012-41; SP-3397; Bridge Replacement Project at
Eisenhower Park and authorization to file Notice of Completion with the County
Recorder (No staffreuort reauired).
SUMMARY: Bid 012-41; SP-3397; Bridge Replacement Project at Eisenhower Park.
Contractor: DRP Construction Company. Staff recommends acceptance of
improvements.
ACTION: Accepted public work improvements, authorize release of Travelers Casualty
and Surety Company of America, Bond No. 103845934 in the amount of $148,300.00,
and authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
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3. CONSENT CALENDAR (Continued)
PURCHASES
3.21 Purchase of fire hose on a sole source basis. (C2500.H.)
SUMMARY: Request that the City Council authorize purchase of fire hose to outfit 3
new pumpers on a sole source basis in the amount of $31 ,044.93 from LN Curtis & Sons.
ACTION: Authorized purchase of National Fire Hose from L. N. Curtis & Sons in the
amount of $31,044.93.
FISCAL IMPACT: Sufficient funds are available in account 720-5023-472102, Vehicle
Replacement Fund.
RESOLUTIONS
3.22 RESOLUTION NO. 9689 (A2I00.0 AGR-4187)
A Resolution of the City Council of the City of Orange approving Joint Powers
Agreement for the Integrated Law and Justice Agency for Orange County.
(Continued from December 10, 2002)
ACTION: Withdrawn from the Agenda.
3.23 RESOLUTION NO. 9693 (C2500.K)
A Resolution of the City Council of the City of Orange commending Detective Alex
Varga of the Police Department, for 25 years ofloyal and dedicated service to the City of
Orange.
ACTION:
Approved.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.13 and 3.15 were removed and heard separately. Mayor pro tem Alvarez
abstained on Item 3.15. Item 3.22 was withdrawn from the Agenda. All other items on
the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
January 14, 2003
4.
REPORTS FROM MAYOR MURPHY
TAPE 1170
Off Agenda Item
Mayor Murphy suggested adding a legislative liaison committee to the Council Committees,
comprised of himself and one other Councilmember, to work with other local officials and to
increase communication with state officials, especially in light of the current State budget
situation. It is important to keep track of changing conditions and legislation; and this committee
can be kept in place as long as necessary and reviewed on a yearly basis. He noted the State
Library Grant exercise was a very successful endeavor for the City, and it may be a trend of
things to come.
Councilmember Coontz asked for more clarification on this type of committee and suggested
looking at other opportunities that are already in place. She noted the League of Cities is a good
opportunity for keeping informed on legislative actions, noting that Councilmember Cavecche
will probably be elected as Chairman of Advocacy Committee for the League.
Councilmember Cavecche stated the League is putting together their first Advocacy Committee
with two representatives from each Supervisorial District; but cities need to be more involved
individually.
5.
REPORTS FROM COUNCILMEMBERS
TAPE 1360
5.1 Councilmember Cavecche - Eliminating Council practice of automatically granting
one continuance for public hearings.
The City Attorney recommended a transcript ofthis discussion be provided.
Councilmember Cavecche asked the City Clerk to provide the following transcript:
Councilmember Cavecche - In the past few years, the Council has had an unofficial policy, I
guess I'll call it a practice, of always allowing an applicant on a public hearing one continuance,
and we say it up here that we usually automatically grant a continuance. And there seems to be a
lot of appeals coming up through the system this year, and I think we're going to be having a lot
of public hearings and I've been uncomfortable with the practice and sometimes I've agreed and
sometimes I haven't agreed, but I've kind of gone along because it's been a practice that we've
had. In November we had a public hearing. It was actually the only public hearing scheduled
for the 7:00 session; and a letter came in very late requesting a continuance. It was the only item
we had on the Agenda for that evening. We spent money noticing the public. We had people
from the community here to speak on the issue. We had staff that stayed for that meeting as well
as ourselves. It wasn't a reason that I probably would have granted the hearing. I was informed
by our City Attorney that the best way is not to do it on a particular item, but to do it - make a
statement.
So for the record, I am making a statement that I will take requests for continuances on a public
hearing on a case by case basis and will not vote automatically to grant one continuance for
public hearings.
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CITY COUNCIL MINUTES
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5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Coontz - Well I think this has been a policy for many years - many years. And
I'm not saying it's right, but then so it's the automatic continuation that you're concerned about?
Mayor Murphy - If I could paraphrase for you, I think the concern is, there has been a policy for
a number of years.
Councilmember Cavecche - Many many years, yes.
Mayor Murphy - To allow a first continuance on an item for an item that comes up if an
applicant makes that request for public hearing. And I think the suggestion here at least from
Councilmember Cavecche, and I'd welcome discussion from others - sounds like we're having
some discussion already, would be to not consider that an autornatic or a policy and the best way
to do that was not try and establish that on the basis of a hearing already agendized, but take it up
at a meeting individually so it can be a part of the record for all those to recognize the fact that
while it can be requested, it is not an automatic per se event. Does that make sense? Did I state
it correctly?
Councilmember Cavecche - You stated it correctly, and I know the City Clerk is always very
clear when someone does come and ask for a continuance, that she lets them know that it is at the
Council's discretion, that we can vote or not. But because the Council over the years has usually
said, and in all honestly, it's usually stated Mayor Murphy, when someone does ask it's usually
said, "well we usually automatically grant one continuance". And I'm sure in all honestly, that
in 99.9% of the time the reasoning will be something that I will agree to. However, because I
was advised by the City Attorney that to change what has been a practice - and it is not an
official voted in policy of this Council. There's no ordinance, there's nothing in place. To do it
on one particular hearing after there has been a practice could perhaps cause a problem, so I was
asked to make a statement for the record when there is no item before that when something does
come up that I don't want to vote for a continuance, we are established for the record that I'm not
picking on that person particularly.
Mayor Murphy - Does that answer your question Councilmember Coontz?
Councilmember Coontz - Well yea, but I wondered why it would just be one individual ifit's a
policy that people feel is not appropriate.
Councilmember Cavecche - Well, if everybody would like to make that statement that would be
great.
Councilmember Coontz - I just think we need to discuss it as to whether we would or not and
what the reasons are. Are they supposed to bring a note from their mother or what?
Mayor Murphy - I think the idea was, and Councilmember Cavecche chatted with me a bit about
it as well when she put it on the Agenda, and I think it's a good idea to put it out there, and since
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CITY COUNCIL MINUTES
January 14, 2003
5. REPORTS FROM COUNCILMEMBERS (Continued)
it is agendized today we can discuss it here and I would welcome the idea of other thoughts.
Personally, I would concur that the vast majority of the time, it probably makes sense and
probably and can be substantiated that it's appropriate to do, but we should reserve the right in
situations where that level of information can't be presented that folks have to understand that
when they do sign up for a public hearing date and time and place - you know deadlines are
deadlines. I know with the IRS you can ask for one extension - they usually grant it, but even
with that if you don't file all the paperwork they say no and they come after you I hear. So I just
think it's appropriate to deal with the policy now. There's nothing before us that's asking for a
continuance tonight, right, at least from an applicant's standpoint. So we're dealing with the
item and I welcome other comments.
Mayor pro tem Alvarez - Couple of comments, first of all, I think it's timely that
Councilmember Cavecche put this on because we have our new member, Councilmember
Ambriz on here. I recall back when Councilmember Coontz was Mayor that we had a couple of
instances where we had some applicants that were very familiar with how this Council worked
and didn't bother to show up.
Councilmember Coontz - You can't always read their mind or know what the instance is, but I
understand that.
Mayor pro tem Alvarez - It was a good policy in terms of extending a courtesy, but my point
was that there's been a couple of people who kind of took advantage of that courtesy, and I think
it's a good point at least raised. I think another point to raise with it is again the cost. There are
several costs involved. The City incurs the cost of noticing everything out not only one time but
then they've got to notice again a second time - there's a cost there. And we've had this room
filled with homeowners in the past only for them to show up and then we have a letter saying
well, we're not ready to show and as we're pointing out, it's a little bit embarrassing.
Councilmember Coontz - So it becomes optional because it isn't an Ordinance we just would
agree to the new policy of deciding as a whole.
Mayor pro tem Alvarez - Well I would agree with it if we can recover some costs. I mean there
are costs to mail things out. There are costs to put things out for the public.
Mayor Murphy - I think we're adding one and one together though. I think the issue that's being
raised today is simply 1) that it is not an automatic or not a courtesy option to request and be
granted a continuance on a public hearing item without just cause. Is that a fair?
Councilmember Cavecche - Yes, and I'm just reserving my right as an elected official to vote no
on that continuance.
Councilmember Coontz - Well I think that should come from the Chair to ask the Council and
then we can do what we want.
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CITY COUNCIL MINUTES
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5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Coontz - Well I'm reiterating it. Not usually isn't a very good word in politics.
Mayor Murphy - Does anybody else have a comment on this item?
Mayor pro tem Alvarez - Just one for the City Manager. Would it be worth the time to look into
what it costs the city to do exactly what we're discussing?
City Manager - I think we can look at it on a case by case basis. My comment would be from
the standpoint that, as been pointed out, sometimes the Council Chambers are full of people
concerned and we might get exploited by an individual who wants to take advantage. And
certainly that is a concern. Part of my concern, as I shared with the Clerk, is we watch very
carefully what our public hearing calendar is, so that we don't overstack and we give an
opportunity for each one to have a reasonable period of time to be heard. And sometimes when
these things get continued, then we jam up the next hearing and then those require a continuance
because you're not able to resolve it all. The idea of taking it on a case by case basis I think is
well founded.
Councilmember Coontz - sure.
Mayor Murphy -- Any other comments?
City Attorney -- Just one comment, if a member of the Councilor the Mayor could do so, and
that would be to ask the Clerk to provide a transcript of what was said here tonight and include it
in the minutes; and there are several reasons to do that.
Mayor Murphy - Councilmember Cavecche would you like to make that request since it's your
item.
Councilmember Cavecche - Yes, if the City Clerk could please provide a copy of this transcript
with the Minutes.
Mayor Murphy - And I also assume that since there's no action agendized with the item, no
formal has to be taken.
Councilmember Cavecche - No.
Councilmember Coontz - I have a suggestion. We have listed, and the City Clerk has been very
helpful with this over a period of time, policies which are not in the Ordinance and they are part
of the Agenda so they can read it and find out. I do think it ought to be in there. This should be
in there. It's much easier to do that, to form it as a policy and get us to approve what it says if
it's necessary, so that anyone looking at this agenda information will understand. We've done
this many times before, just exactly what our policy is.
Mayor Murphy - Fair enough, we'll take that under consideration too.
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6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7.
ADMINISTRATIVE REPORTS
TAPE 1670
7.1 Report by David DeBerry, City Attorney regarding the proposed Cellular Antennas
at El Modena Park. (This item was continued from the November 26, 2002 and December
10,2002 Council meetings.) (A2100.0 AGR-4149)
SUMMARY: Review and consider prior Council authorization (October 22, 2002 Council
meeting) to execute cellular antenna agreements with Sprint PCS and Cingular Wireless.
The City Attorney reported the two agreements have been modified to reflect the changes as
requested by the Council.
Mayor pro tem Alvarez stated he was happy to see the changes made to tighten up the issues he
originally brought up and provide some degree of oversight at this park, as this probably won't
be the last request for cell sites. He asked the City Attorney's Office to use these agreements as
a template for future leases, which provides a great deal of oversight; and thanked the City
Attorney's Office for their efforts in modifying these agreements.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved the Lease Agreements with Cingular Wireless and Sprint PCS; and
Authorized the Mayor and City Clerk to execute the Agreements on behalf of the City.
7.2 Report by the Director of Commuuity Development regarding a consultant services
agreement with Civic Solntions, Inc., a private planning cousulting firm, to provide work in
the areas of current and advance planning and environmental review related to
development proposals for East Orange and Santiago Hills II by The Irvine Company.
(A2100.0 AGR-4200)
SUMMARY: Staff anticipates that development applications will soon be submitted by The
Irvine Company for Santiago Hills II and East Orange. Coordination of the review of these
applications will require extensive staff resources, particularly since an environmental impact
report will be prepared. This consulting services agreement will augment the existing staff in
order to provide for adequate staffing to properly evaluate the proposals.
Discussion
The Community Development Director reviewed the proposal, stating that with the existing
staffing levels, and the increase in projects that are coming up, the Community Development
Department will need additional assistance in providing planning services. She noted The Irvine
Company will pay for this additional service.
Councilmember Coontz asked about Civic Solutions and if they had any ties with The Irvine
Company.
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CITY COUNCIL MINUTES
January 14, 2003
7. ADMINISTRATIVE REPORTS (Continued)
The Community Development Director noted most of the personnel from Civic Solutions have
come from the public sector and she was not familiar with any connection to The Irvine
Company. The Community Development Department has used this company before, and
although staff talked with The Irvine Company about the need for additional help, they did not
get any recommendations from The Irvine Company.
Councilmember Coontz stated this was a good idea and realizes it is hard to find good people,
but would like to have more information on the consultants who are being considered.
Mayor pro tem Alvarez agreed the Council should know more about consultants to make sure
there are no potential conflicts with developers; and wanted to ensure this consultant was
independent of The Irvine Company.
Mayor Murphy pointed out it was the City who pursued this consultant, but suggested a
continuance ifthe Council required more information.
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to continued to January 28, 2003; and Council to meet with staff, through the City
Manager's Office, to discuss their concerns.
7.3 Report from the Personnel Director regarding the PERS 2.7% @ 55 retirement
program for the City's miscellaneous employees effective June 29, 2003.
(A2100.0 AGR-0281.15)
The Personnel Director reviewed the proposal, noting this is an amendment to the contract with
PERS to provide an enhanced retirement system for non-safety employees.
The City Manager stated the City will budget for this each year as it is based on yearly actuarials.
Mayor Murphy noted this is the contractual update to reflect the negotiations that were
concluded and approved last year.
RESOLUTION NO. 9687
A Resolution of the City Council of the City of Orange of Intention to Approve an Amendment
to the Contract Between the Board of Administration of the California Public Employees'
Retirement System and the City Council of the City of Orange to Provide the 2.7% @ 55
Retirement Program for the City's Miscellaneous Employees.
MOTION - Cavecche
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9687.
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CITY COUNCIL MINUTES
January 14, 2003
7. ADMINISTRATIVE REPORTS (Continued)
ORDINANCE NO. 1-03 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending the contract between the
Board of Administration of the California Public Employees' Retirement System and the City of
Orange to provide the 2.7% @ 55 Retirement Program for the City's Miscellaneous Employees.
MOTION - Cavecche
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 1-03 be read by title only and same was set for second reading by the
preceding vote. Note: Second reading to be heard February 11,2003.
TAPE 2180
7.4 Presentation of Library Facilities Master Plan, 2002-2020 by Nora Jacob, Library
Services Director. (C2500.I)
SUMMARY: The Orange Public Library Facilities Master Plan, 2002-2020, analyzes Orange's
demographics and its library service needs, identifies a total of four projects to bring expanded or
new libraries to every area of the City and recommends an 18 year build-out plan to be
accomplished in three phases that would provide significant improvements to library facilities in
each phase as follows:
Phase 1 (2002-2007): Main Library
Phase 2 (2008-2013) East Orange Branch
El Modena Branch
Phase 3 (2014-2020) Taft Branch
Expansion to 45,000 sq. ft.
New branch of23,300 sq. ft.
Expansion to 16, I 00 sq. ft.
Relocation to 20,200 sq. ft.
The Library Services Director reviewed the Needs Assessment report, outlining the three
proposed phases.
Councilmember Coontz asked for a consensus from the Council that the City request The Irvine
Company, through the City Manager, to include in their entitlements one or more of the
following to assist the City in reaching its library goals: fees, a gift of land, facilities, or even a
combination of these. She stressed the importance of pursuing this, as years ago a library was
supposed to be built on the other side of the Corridor, and suggested a library could be built
alone or in conjunction with a school.
Council agreed with this idea, as the City needs to look far into the future and look at creative
ways to achieve this goal, for both the City and the schools. Council agreed the best way to
approach this may be as a joint venture with the School District in having a library built in
conjunction with a proposed school in the East Orange area; and also suggested that grants be
pursued
The City Manager stated he is in constant communication with The Irvine Company and will
relay the Council's direction to them.
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CITY COUNCIL MINUTES
January 14, 2003
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved and adopted the Library Facilities Master Plan, 2002-2020, as presented.
8.
REPORTS FROM CITY MANAGER
TAPE 2700
8.1 Report on the Director of Emergency Services Proclamation regarding the local
emergency which occurred on January 6, 2003 due to high winds. (C2500.E.6)
The City Manager reported on the recent local emergency due to the high winds, noting the
Emergency Operations Center was opened at 7:00 a.m. on January 6th. He reviewed several
incidences with fallen trees, traffic signals, power poles and street closures, stating he will report
back to the Council, at a future Council meeting, on the overall damages and costs associated
with this emergency.
The Council thanked and commended all those involved for their efforts in dealing with this
emergency.
RESOLUTION NO. 9694
A Resolution of the City Council of the City of Orange ratifying the Proclamation of the
existence of a local emergency and terminating the local emergency.
MOTION - Murphy
SECOND - Alvarez
A YES ~ Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9694.
9.
LEGAL AFFAIRS
TAPE 3060
9.1 ORDINANCE NO. 12-02 (SECOND READING) (ZI500.0 ZCG-1213-02)
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code and approving the reclassification of property located at 411 to 421 South
Batavia Street and 802 West Culver Avenue from R-3 and R-2 to OP.
Zone Change 1213-02, Applicant: Trico Realty
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
PAGE1?
CITY COUNCIL MINUTES
January 14, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Moved that Ordinance No. 12-02 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 16-02 (SECOND READING) (A2500.0 Zoning)
An Ordinance of the City Council of the City of Orange amending Section 17.22.030 of the
Orange Municipal Code to allow public parks and athletic fields as permitted uses within the
Recreation Open Space (RO) Zoning District.
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 16-02 be read by title only and same was approved and adopted 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: 14 p.m. to a Closed Session for the following purposes:
a. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: 124-145 and 164-180 S. Water Street, Orange, CA
Agency Negotiator: Linda Boone
Negotiation Parties: City of Orange, Orange Redevelopment Agency and Orange County
Fire Authority
Under Negotiation: Price and terms of payment
b. Public Employee Performance Evaluation pursuant to Government Code Section 94957:
Title: City Attorney
c. Conference with Legal Counsel: Anticipated litigation pursuant to Government Code Section
54956.9(b): One potential case.
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
TAPE 3150
12. PUBLIC COMMENTS
Jeff Mulford, 2321 N. Clinton, speaking on behalf of the Keep Orange Clean Committee, spoke
on RVs, asking Council to enforce the current City codes regarding RVs parked on driveways;
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CITY COUNCIL MINUTES
January 14, 2003
12. PUBLIC COMMENTS (Continued)
the negative impacts to property values; and suggested this issue be placed on a ballot for a vote
of all citizens of Orange.
Arlen Craig, address on file, submitted literature and spoke on residential development and the
urban development process.
Mel Vernon, address on file, submitted a flier being distributed by the Keep Orange Clean
Committee and asked the City to enforce the current codes as they relate to RVs. He provided a
website for their Committee - Keeporangeclean.org and their E-mail address at
Keeporangeclean@earthlink.net.
13.
PUBLIC HEARINGS
TAPE 3500
13.1 TENTATIVE TRACT MAP 16405-02; MINOR SITE PLAN REVIEW NO. 230-02,
HAL BAERG (T4000.0 TRT-16405)
The public hearing to consider a proposed subdivision of 6.37 acres into six parcels, each of
which will become acre or larger in size, and to create lots without direct access to public streets,
upon property located approximately 500 feet south of Santiago Canyon Road and east of
Jamestown Way has been continued from November 26.2002. The subject site is located within
the boundaries ofthe Orange Park Acres Plan.
Note: The public hearing was not opened on November 26, 2002
The Community Development Director reviewed the proposal, noting the alignment of the trails
is still being questioned by the Applicant.
Council Ouestions
Councilmember Coontz asked for clarification on the various proposed trail alignments as it was
not clear from the posted map.
Councilmember Cavecche asked about the trail proposed by the Planning Commission the line of
eucalyptus trees on the west side along Jamestown; the large flood basin to the west which runs
onto the property on the other side and whether there is continued drainage into that now or is it
a dry basin. She asked to see a map of the non-existent trail up the hill because of the
importance of the trail link; and wanted to ensure that the developer will inform each property
owner that they will have to go back to the OPA Planning Committee for review. She noted the
OPA Planning Committee suggested a trail along the cuI de sac road.
The Community Development Director reviewed the trail alignment proposed by the Planning
Commission, noting the trail would run east of the eucalyptus trees along Jamestown. The basin
is the former site of Handy Creek and is an area that does not get drainage right now and grading
will take care of it in the future.
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CITY COUNCIL MINUTES
January 14, 2003
12. PUBLIC HEARINGS (Continued)
Mayor Murphy suggested, from his experience in living in an equestrian community, that
keeping the trails away from driveways and roads is much more preferable.
MAYOR MURPHY OPENED THE PUBLIC HEARING
TAPE 4080
Hal Baerg, Applicant, reviewed the various trail alignments, stating he would like to keep the
trail along the north side of the property, coming down along the west side to the south. He did
not want it along the southern property line as the trails would interfere with him developing that
area into a nice back yard setting, and he is pursuing land use agreements with the property
owners to the south to have a landscape easement.
Chuck McNees, 11211 Orange Park Acres Boulevard, Chairman of the OPA Trails Committee,
stated they do not want the trail to go down the cuI de sac road in front of the residences, as
originally proposed by the OPA Planning Committee.
Tom Anderson, address on file, spoke in opposition to the trail going down the cuI de sac road or
along the north side of the property; and pointed out the trail is a multi-use trail, and not used just
for horses.
Nick Terpstra, 1475 N. Jamestown Way, agreed the trail should go along the south side of the
property and not down the cui de sac or the north property line.
Mr. Baerg again asked for the trail to go along the north side of the property, and then down the
west side to the south.
Councilmember Coontz asked the Applicant if the trail location was a make or break situation.
Mr. Baerg stated he was steadfastly opposed to the trail on the south side of the property.
Mayor Murphy noted there are special requirements in this area and a responsibility to provide
appropriate trail access.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
Council Comments
Mayor Murphy noted there are a number of proposed alignments. The project should be
considered as a whole and the Council needs to look at the best solution for the trail that works
for both the property and the bordering land uses.
Councilmember Cavecche stated she did not want the trail along the north side of the property
and agreed with the Planning Commission recommendation of placing the trail along the south
side.
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CITY COUNCIL MINUTES
January 14, 2003
12. PUBLIC HEARINGS (Continued)
Councilmember Coontz also agreed with the Planning Commission recommendation and
definitely did not want the trail down the cui de sac. She noted the Colony Tract was the first
tract in this area to have a designation of a trail, and asked for information on adjoining
properties in the future.
Mayor Murphy agreed with the Planning Commission recommendation as it will minirnize the
exposure ofthe trails to cars and driveways and keeps the trail within the heart of the property.
Mayor pro tem Alvarez agreed with the Planning Commission recommendation, as this is a new
development and wanted to minimize the impacts to existing neighborhoods.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Approve Negative Declaration 1701-02, Tentative Tract Map 16405-02 and Minor Site Plan
Review 230-02, as contained in Planning Commission Resolution No. PC 22-02.
13.2 APPEAL NO. 488-02 - HANSON AGGREGATES (A4000.0 APP 488-02)
The public hearing to consider an Appeal of the Planning Commission's determination that a
concrete recycling facility is not a permitted land use on property zoned SG (Sand-Gravel) upon
property 6.40 acres in size located on the north side of Santiago Canyon Road midway between
Jamestown Way and Orange Park Boulevard (site address is 4621 E. Santiago Canyon Road) has
been continued from December 10. 2002.
Note: The public hearing is closed.
TAPE 5420
The City Attorney reported the Appeal comes down to two questions does the current
operation constitute a plant or apparatus for rock crushing and cement treatment of based
material, and if so, was that operation in existence prior to 1995. At the December 10th hearing,
staff was of the opinion that the use was not permitted under the existing Sand and Gravel
District. The staffs opinion on that particular issue has not changed. However, under the
doctrine of legal non-conforming use, if at the time the operation was initially begun, it was a
permitted use, then it could continue as a legal non-conforming use. So in order to make the
determination, it is necessary to go back and look at the Sand and Gravel District as it existed at
the time the operation was established.
According to Declarations that were filed by Hanson, the operation was begun in the mid to late
1970's. There was a letter submitted earlier that day by a nearby resident that contends that the
rock crushing operation began in 1997, which is an issue he will explore further. Assuming that
the rock crushing operation, or the recycling operation, that is there now, began prior to 1995,
there was one permitted use under the Sand and Gravel District that existed prior to 1995, that no
longer exists, which is the operation of a plant or apparatus for rock crushing and cement
PAGE 21
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CITY COUNCIL MINUTES
January 14,2003
12. PUBLIC HEARINGS (Continued)
treatment of base materials. According to the Declaration submitted by Hanson, and which
appears to be supported by staff, there does not appear to be an argument of what the current
operation consists of, which is the importation of asphalt and concrete and it is crushed on site.
What it boils down to is whether or not the crushing of asphalt and concrete constitutes the
crushing of base material. There is a declaration that was submitted by Mr. Davis explaining
how the crushing of asphalt and concrete constitutes the crushing of base materials.
In addition, The City Attorney accessed information on an internet site which defines what a
base material is. It states that recycled aggregate can be used as base and sub-base and notes that
specifications as to what can be used as base material roads are contained in the Green Book,
which is a set of specifications that is uniformly adopted by public agencies.
It was the City Attorney's opinion that the existing operation is a plant for the rock crushing and
cement treatment of base materials. Since that was a use that was permitted prior to 1995, as
long as the Council finds that the current operation was in existence prior to 1995, it would be
permitted as a legal non-conforming use.
If the Council finds it is a legal non-conforming use, there still may be other issues about
whether it is operating in accordance with existing regulations. There also may be an issue as to
whether or not the use discontinued for a period of time which will result in the property owner
losing their right to continue that use. However, the City Attorney suggested Council stick to
whether or not this was a legal use at the time it was constituted, and the other issues be taken
care of through the Code Enforcement process.
Council Ouestions
TAPE 5650
Councilmember Cavecche stated it seems they are basing this on what the definition of a base
material is; but she is looking at the intent of this Ordinance when it was established. In defining
base materials, she suggested looking at what the Green Book said at that time, and could this
have changed since the early 1970s.
The Public Works Director reviewed the Green Book from the early 1970's, stating there have
been slight changes since 1973, but it is basically the same as today; and that crushed asphalt was
considered a base material.
Councilmernber Cavecche again looked at the original intent of this Ordinance, if it was to allow
crushing of materials versus importation; and asked if this can be taken into consideration.
The City Attorney stated the Code already permitted the operation of mining for the extraction of
materials on site and any facilities that are related thereto. So the Code already contemplated
that they might have a mining operation and in conjunction with that mining operation, there
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CITY COUNCIL MINUTES
January 14, 2003
12. PUBLIC HEARINGS (Continued)
would be a rock crushing plant. If that was the intent, there would have been no reason to set out
a separate permitted use for a rock crushing plant. It appears the intent was to allow a stand
alone operation where there was an extraction on the site.
Mayor pro tem Alvarez stated the applicant might have originally had the right to conduct a
mining operation which may have included the crushing of rock. However, in looking at the
operation as a business, there may be other ordinances not being followed at this point. He asked
if there is documentation to prove this is a legal business and what exactly is out there. He was
also concerned that if the City was not enforcing laws back in the 1990's, or even now, did the
city help the applicant establish this grandfathering. If the city established this by lack of
enforcement or lack of recognition of what was going on there, then the City becomes a partner
to this operation.
The City Attorney pointed out the Applicant does have a business license. However, a business
license does not delve into any issues of whether or not a business conforms with the existing
zoning code. When the business was established, if it was established in the mid 1970's, they
were not required to obtain any type of Conditional Use Permit since it was a permitted use. He
agreed other issues may need to be addressed, and recommended the Council make a
determination on the legal issues and then let Code Enforcement follow up on these other issues.
Councilmember Coontz asked for clarification on how Code Enforcement would be involved as
there may be other zoning or General Plan issues involved.
The City Attorney stated Code Enforcement is the initial contact with a business, but that the
City Attorney's Office would be working with them.
Councilmember Cavecche asked about the Rehabilitation Standards in both the ]973 Ordinance
as well as the 1983 Ordinance, as it talks about termination of operation. It basically states that
once excavation has ceased, then the Planning Commission may hold a public hearing. She
asked if excavation has ceased on this property, because it doesn't say they can do anything else
after excavation.
The City Attorney stated the Code section says once the mining operation ceases, then the owner
is required to submit a rehabilitation plan. It doesn't prevent the property from being used for
other purposes.
MAYOR MURPHY REOPENED THE PUBLIC HEARING
TAPE 6200
Pam Rosenberry, address on file, stated if the use is allowed to continue, then the City needs to
enforce codes, including those relating to airborne pollutants, the security of the property, traffic
and health and safety issues.
Mrs. Reinking, 856 Crest de Ville, expressed concern about noise, truck traffic, dust and health
concerns.
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CITY COUNCIL MINUTES
January 14,2003
12. PUBLIC HEARINGS (Continued)
Patrick Mitchell, speaking on behalf of Hanson Aggregates, submitted a declaration that the
recycling operation started in the mid 1970's; and supported the City Attorney's recent memo
that the use is a legal non-conforming use.
David Piper, 6705 E. Oak Lane, stated it is his opinion that the facility did stop operation
between 1995 and 1997; and asked the City to enforce other zoning codes and make the health
and safety of nearby residents a priority.
Shirley Grindle, address on file, stated it was her understanding that this property was annexed
into the City around 1965 and the operator would have obtained the original sand and gravel
operating permit though the County. She asked if the City had investigated what was told to the
County as far as what they were doing on this site; and if a sand and gravel operation came in
after 1973, they would have had to file a detailed report on the operation.
Ken Barker, Hanson Aggregates, stated their company has an open door policy and has tried to
work with surrounding residents in alleviating concerns; and in fact, were having a neighborhood
meeting the following evening. They are respectful of the environment and air quality is a top
priority for them.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
TAPE 2 - 50
The City Attorney reiterated the merits of the project or any impacts are not part of the
discussion at this hearing.
Mayor pro tem Alvarez stated the City needs to know more about the operation at the site; that
other issues on the property need to be addressed; that the history of this property needs to be
tightened up and the investigation into the current operation probably needs to be at a higher
level than Code Enforcement.
Mayor Murphy suggested Council focus on the issue on the Agenda, which is whether the
facility is a legal non conforming use, make a decision on that, and then direct staff to pursue
other issues that need to be investigated.
The City Attorney stated if there are any violations on the property, there is a process in place
that needs to be followed, which is, if a violation is found, they are cited, they are given a certain
amount of time to respond, if no response, then the matter is referred to the City Attorney's
Office and then a misdemeanor complaint can be filed. The City is not in a position to close this
facility. The City would have to make solid findings to do so and the City needs to afford this
property owner the same rights as any other property owner.
Councilmember Coontz stated the Council needs to have an accurate history of this property and
all resources available to them to make any determination in the future.
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CITY COUNCIL MINUTES
January 14, 2003
12. PUBLIC HEARINGS (Continued)
Councilmember Cavecche stated they seem to be looking at the definition of rock crushing and
recycling. It is her opinion that according to the original ordinances, this was digging up rocks
and doing so with the rocks that were dug up there, and recycling is an ancillary operation. Her
concern, however, is how this would be interpreted legally, but she is swayed by the City
Attorney that this is a legal issue at this point.
Council agreed this is a legal issue but that other issues need to be looked at; and discussed
having a point person for this project, possibly in the City Attorney's Office.
Councilmember Ambriz noted the change of ownership that has occurred on this property over
the years, and asked for information on the process in terms of permits that have been applied for
over the years.
The City Attorney stated that even if it is determined that this is a legal non conforming use,
there are provisions in the code that basically say if the legal non conforming use, and the owner
thereof, has had an opportunity to amortize their equipment, then the City Council can set a
reasonable time frame for them to stop the operation. Or, if a finding is made that a public
nuisance exists, then it can possibly be abated. However, all these issues are outside the purview
of this hearing and there is a process established to handle them.
The City Attorney stated he will provide a report back to the Council at the February 11, 2003
Council meeting.
For the record, Councilmember Cavecche sated she will go along with upholding the appeal, in
all honesty just based on the City Attorney's recommendation alone; and that this has come
down to a strictly legal argument; and sometimes that is what you have to do.
Mayor pro tem Alvarez recommended to Hanson Aggregates that they start working on their end
as to what the City will be looking at, in the event the City finds things are not appropriate for
that site.
MOTION - Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Upon further review and based on the recommendations of the City Attorney, moved to uphold
the appeal; and direct staff to review the additional issues that have been raised during this public
hearing and pursue it to the furthest extent with an initial report back to the Council no later than
the first meeting in February.
13.3 2001 CALIFORNIA FIRE CODE (A2500.0 Fire Code Ord 17-02)
Time set for public hearing to consider adoption of the 2001 California Fire Code and other
amendments.
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CITY COUNCIL MINUTES
January 14, 2003
12. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 9692
A Resolution of the City Council of the City of Orange, California, setting forth findings with
respect to local conditions within the City of Orange which make certain modifications and
changes to the California Fire Code necessary for various occupancies.
ORDINANCE NO. 17-02 (SECOND READING)
An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange
Municipal Code to adopt the 2001 California Fire Code and other amendments.
Mayor Murphy announced staff requested a continuance to the January 28, 2003 Council
meeting.
MOTION - Cavecche
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to continue to January 28, 2003 Council meeting.
13.4 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -
2003 EDITION (A2500.0 Public Works Ord 18-02)
Time set for public hearing to consider a proposed ordinance amending Chapter 12.02 of the
Orange Municipal Code adopting the 2003 Edition of the Standard Specifications for Public
Works Construction (commonly referred to as the Green Book).
The Public Works Director reviewed the request, noting the Green Book is used by all cities in
the County as a standard document pertaining to specifications for permits, subdivisions and
public works construction activities and is updated every three years.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
ORDINANCE NO. 18-02 (SECOND READING)
An Ordinance of the City Council of the City of Orange amending Chapter 12.02 of the Orange
Municipal Code to adopt the 2003 Edition of the "Standard Specifications for Public Works
Construction".
MOTION - Cavecche
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
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CITY COUNCIL MINUTES
January 14,2003
12. PUBLIC HEARINGS (Continued)
Moved that Ordinance No. 18-02 be read by title only and same was approved and adopted by
the preceding vote.
NOTE: The City Council recessed at 9:03 and reconvened at 9:10
14.
PLANNING AND ENVIRONMENT
TAPE 2 -700
14.1 Report by the Director of Economic Development regarding the following:
1) Cooperative Agreement with the Orange Redevelopment Agency relating to the
rezoning, entitlement and disposition of real property at 164-180 S. Water Street to the
Orange Redevelopment Agency. (RA2100.0 AGR-4202/4203)
Rick Otto, Sr. Housing Manager summarized the report.
Mayor pro tem Alvarez stated this will be a good purchase and will give the City control over
what eventually goes onto these properties.
RESOLUTION NO. 9696
A Resolution of the City Council of the City of Orange approving the sale of certain real
property located at 164-180 S. Water Street to the Orange Redevelopment Agency, approving
the cooperation agreement pertaining thereto; and making certain findings.
MOTION - Cavecche
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9696.
MOTION - Cavecche
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Transferred $1,400,000 in Set-aside Funds from Account No. 941-9800-485701-9878 (Mobile
Ritz Project) to Account No. 941-9800-485802-9881 (Housing Set-aside-Water Street Housing
Project) for the Project. (Agency)
2) Cooperative Agreement with the Orange Redevelopment Agency for the disposition of
surplus City-owned real property located at 206 N. Manchester to the Orange
Redevelopment Agency for redevelopment purposes.
PAGE2?
CITY COUNCIL MINUTES
January 14,2003
14. PLANNING AND ENVIRONMENT (Continued)
RESOLUTION NO. 9695
A Resolution of the City Council of the City of Orange approving the sale of certain real
property located at 206 N. Manchester to the Orange Redevelopment Agency, approving the
cooperation agreement pertaining thereto; and making certain findings.
MOTION - Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9695.
MOTION - Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Transferred $400,000 in Set-aside Funds from Account No. 941-9800-485701-9878 (Mobile Ritz
Project) to Account No. 941-9800-485802-9880 (Housing Set-aside-Manchester Housing
Project) and appropriated $370,000 in Housing Loan Funds to Account No. 913-9800-485802-
9880 (Housing Loan-Manchester Housing Project) for the project (Agency)
The City Council reconvened at 9:10 p.m. to the Redevelopment Agency Meeting, Item 12. 1.
15. ADJOURNMENT
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 9:15 p.m. in memory of Police Captain John McElwee.
~Jb~~~A~ e'-(7C
CASSAt'\TDRA J. T CART, CMC
CITY CLERK
1fL~f/itI
MAYO
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