HomeMy WebLinkAbout10_24_2000 - Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER 14,2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 24, 2000
The City Council of the City of Orange, California convened on October 24,2000 at 4:30 p.m. in
a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Dawn Stoller, Auxiliary Chaplain, Orange American Legion Post 132
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Presentation of Colors and Pledge of Allegiance led by American Legion Post 132
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None.1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Employee Service
Recognition Awards were presented to: C2500.J.4.l8Linda Boone,
Economic Development; Lorna Adkins, Library; Carolyn Shaffer, Police;Patrick Wilson,
Public Works; John Lopez, Water; Mary Murphy, City Clerk's Office;Randy Duncan,
Fire; Jeffrey Tiqui, Fire; Felicidad Casapulla, Police; Robert Cortez,Public Works;
Howard Beck, Public Works, Donn Hearn, Police; Ronald Acosta, Public Works Nora
Jacob,
new City Librarian, was introduced by the Director of Community Services.Miss Orange
2001, Cayce Lee, introduced herself.Mayor Coontz
announced the Excellence in Procurement Award, 2000 was given to the City of
Orange Purchasing Division represented by Glenn Kaye, Purchasing Officer.Mayor Coontz
noted the various awards the Finance Department has received over the years, and
congratulated the Finance Staff for their efforts in achieving these awards.John Whiteriver,
Commander of American Legion Orange Post #132, presented a check to the
City of Orange for $30,000 to benefit the Veterans Memorial.Fire Chief
Vincent Bonacker and Lynn Blythe recognized Fire Captain Paramedic John Karell, Fire
Engineer Paramedics Robert Timboe, Dale Eggleston and Allan Rich of the Orange Fire
Department for their life saving resuscitation of Holly Blythe and celebration of the
tenth anniversary of that day.PAGE 1
CITY COUNCIL MINUTES October 24, 2000
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
A special recognition plaque was awarded to resident Milton W. Verb erg, WWII Pearl
Harbor survivor.
A proclamation was presented to Paul Lampe representing the Nestle Corporation
recognizing November 14th as the "Nestle National Adopt-A-School Day"
event at Fletcher
Elementary School Paula Bramlett of the Orange International Street Fair Committee presented the
City a check for $80,676.70 and thanked the City Council and staff for their support
for the annual
Street Fair.Mayor
Coontz announced:Frank Sciarra has been awarded the 2000 Columbus Award by the
Orange County American Italian Renaissance Foundation. Mr. Sciarra is one of the
originators ofthe International Street Fair, Friendly Center and has been a member of the
City Traffic Commission since 1988. Mayor Coontz congratulated
Mr. Sciarra.Treats in the Streets" will be held Thursday, October 26th, in the
Downtown Plaza Area from 4:00 to 7:00 p.m. Mayor Coontz commended the
Department of Community Services for their work along with the merchants and
non-profit groups
in the City.Red Ribbon Week, an annual pro1ram to promote the idea that it's "OK to
say No to Drugs" is being held October 23' to October 31st. Councilman Murphy
gave a brief history ofthe
program's origination.
2. PUBLIC COMMENTS Councilman Alvarez asked to read a letter from Mr. Alan Burns dated
October 16, 2000 regarding his conduct and meeting protocol (City Ordinance No.
43-60) administered by Mayor Coontz at the October 10, 2000 public hearing
on Santiago Hills II.The City Attorney suggested reading this letter was engaging
in campaign activity, which is not allowed
during a Council meeting.The Council discussed whether reading this letter was campaign
activity and who should be appointed to read the letter
if it is read.The City Clerk was directed to read the letter from Mr. Alan Burns (copy
on file in the
City Clerk's
Office).3. CONSENT CALENDAR All items on the Consent Calendar are considered routine and are
enacted by one motion approving the recommended action listed on the Agenda. Any
member of the City Council, staff or the public may request an item be removed
from the
CITY COUNCIL MINUTES October 24, 2000
3. CONSENT CALENDAR (Continued)
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of October 24, 2000 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, and summarized on Time-
Warner Communications, all of said locations being in the City of Orange aud
freely accessible to members of the public at least 72 hours before commencement of
said regular
meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as
a public record in the Office of the City
Clerk.3.2 Request Council Confirmation of warraut registers dated October 5 and 12,
2000.ACTION:
Approved.3.3 Receive and file monthly Treasurer's Report for period ending September 30,
2000.ACTION:Approved.C2500.
F)3.4 Consideration to waive reading in full of all ordinances on the
Agenda.ACTION:
Approved.
AGREEMENTS 3.5 Amendments to Attorney Services Agreement with the law firm of Cox,
Castle &Nicholson LLP and to Professional Services Agreement with Fieldman,
Rolapp &Associates in connection with the proposed issuance of bonds to finance the costs
of public improvements within the City of Orange Community Facilities District
91-2 Serrano Heights). (A2100.0 AGR
3425.1)SUMMARY: The City currently has an agreement with Cox, Castle &
Nicholson LLP for a fee of $45,000 to provide advice and assistance as disclosure counsel
in connection with the proposed issuance of bonds of the City (the "Bonds") pursuant to
the Mello-Roos Community Facilities Act of 1982, as amended, to finance the costs
of public improvements within its Community Facilities District 91-2 (Serrano
Heights). The City Attorney is requesting that an additional $20,000 for legal services, plus an
amount not in excess of$7,500 for costs and expenses, be approved for
continued legal
CITY COUNCIL MINUTES October 24, 2000
3. CONSENT CALENDAR (Continued)
The City also has an agreement with Fieldman, Rolapp & Associates for a fee of $20,000
to provide financial advisory services in connection with the proposed formation of and
issuance of the Bonds. The Finance Director is requesting that an additional $7,403.50
be approved for continued financial advisory services.
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City (I) the First Amendment to Attorney Services Agreement with Cox, Castle &
Nicholson LLP, and (2) the First Amendment to Professional Services Agreement with
Fieldman, Rolapp & Associates.
FISCAL IMPACT: There will be no impact upon the City's General Fund.
Compensation payable to Cox, Castle & Nicholson for services rendered will be payable
solely from proceeds of the Bonds. Compensation payable to Fieldman, Rolapp &
Associates for financial advisory services will be payable from funds deposited in
advance of the Bond issuance with the City by the developer of the Serrano Heights
community; however, the developer will be reimbursed for funds deposited with the City
out of the proceeds of the Bonds.
3.6 2000-2001 Animal Control Services Contract with the County of Orange (AGR 013S.
M)SUMMARY: The City of Orange contracts with the County of Orange for
animal control field and shelter services. The term of this annual renewal is July 1,2000
through June 30, 2001. Due to increased costs for operational improvements, as well as
standard cost of living adjustments for County employees, the contract cost was increased and
will require an additional
appropriation.ACTION: Approved the proposed contract and authorized the Mayor to execute
the agreement on behalf of the City; and appropriate $120,324 from unappropriated
General Fund Reserves to Account 100-4031-427100-2350 (
Detectives - Contractual Services).NOTE: Mayor pro tern Spurgeon abstained on this item due to a
conflict with his employment with the
County of Orange.FISCAL IMPACT: The adopted FY 2000-2001 Police
Department budget includes a total of $350,090 for animal control services
in account number 100-4031-427100-2350 Detectives - Contractual Services). This amount
was based on the previous annual contract amount, plus an estimated increase for a
cost of living adjustment. Approval of theFY 2000-2001 contract amount of$470,4l4
will require an appropriation of$
120,324 from General Fund
unappropriated reserves.3.7 CLAIMS C3200.0)The City Attorney recommends that
the Orange City Council
deny the following Claim(
s) for
CITY COUNCIL MINUTES October 24, 2000
3. CONSENT CALENDAR (Continued)
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.8 Contract Change Order No.1 to Contract No. 3345 with L.A. Signal, Inc. for traffic
signal modifications at various locations (Bid No. 990-03). (A2100.0 AGR
3345)SUMMARY: This contract change order will pay for additional work performed by
the Contractor during the course of this project. The total project, including this
change order, remains within the approved budget for this
project.ACTION: Approved Contract Change Order No. I in the amount of $17,216.62
to Agreement No.
3345.FISCAL IMPACT: $17,216.62 needed for this contract change order will be paid
from Acct. No. 550-5032-483100-6194 (
Spring & Prospect Signal Improvements).3.9 Contract Change Order No.1; Bid No. 990-
48; Project No. SP-3311, Woodwind Avenue Storm Drain and Deep Spring Road
Sidewalk Access. (A2100.0 AGR 3591)SUMMARY: This Contract Change Order
authorizes payment for additional work at agreed unit price beyond the original scope of work.
The total contract cost for
this project is $91,849.80.ACTION: Authorized a fund transfer of $15,
000 from appropriated funds in Account No. 590-5013-
426700 and appropriated to Account No. 590-5013-483400-5338, for
construction of contract change order No.1, Contract Administration, Inspection and Contingencies; and approved a Contract
Change Order No. I in the amount of $13,550.
00 to SRD Construction for the additional work at agreed price.FISCAL IMP
ACT: Funds are budgeted or are available in
the following account:590-5013-483400-5338 $15,000.00 (Assessment District No. 86-
1)3.10 Contract
Change Order No.1; Bid No. 990-37; Hart Park Concession Building.A2100.0 AGR
3546)SUMMARY: It is recommended that the City Council approve change order No.1 to MJ
Contractor in the amount of $28,000 for
soil excavation and relocation of utility lines as part of the Hart Park Concession Building project.
ACTION: Approved change order No. I to MJ Contractor in the amount of $
28,000; and authorized the Mayor and City Clerk to execute on behalf of the
City.FISCAL IMP ACT: Sufficient funds exist
to pay
CITY COUNCIL MINUTES October 24, 2000
3. CONSENT CALENDAR (Continued)
GRANTS
3.11 Assembly Bill (AB) 3229 Grant Money for Funding of Police Support Personnel.
C2S00.K)
SUMMARY: AB 3229 makes funds available under the FY 2000 Citizen's Option for
Public Safety (COPS) Program in the Governor's budget. The City of Orange was
awarded $280,757.25 and proposes to continue funding the non-sworn police
support positions using FY 2000 AB 3229 COPS Program Funds. These positions enhance
the Police Department's ability to place sworn Police Officers in the
field.ACTION: Approved allocation of $280,757.25 FY 2000 COPS grant award to
continue funding four (4) full-time and two (2) part-time non-sworn
positions
through June 30,2002.FISCAL IMPACT: The City of Orange was awarded $280,757.25
through the FY 2000 COPS grant program. These funds have been placed in a separate fund (
354 - AB 3229 Supplemental Law Enforcement Services) and cannot be transferred
to or intermingled with other funds, except to facilitate appropriation and expenditures
by the statute.Interest earnings in Fund 354 will also be allocated to payroll expenditures for
the six (6)positions. This award will support the allocation plan and the approval does
not require
a
budget adjustment.RESOLUTIONS 3.12 RESOLUTION NO. 9341 A2100.0 AGR
0343.A.M008)A Resolution of the City Council of the City of Orange approving
the execution of Program Supplement Agreement No. M008 to Local
Agency-State Master Agreement No. 12-5073 for federal aid projects with the State
of California which will fund Engineering/Technical Alignment Study
for Tustin
Branch Trail Project.ACTION: Approved.3.13 RESOLUTION
NO. 9345 A2100.0 AGR-334S)A Resolution of the City Council of the City
of Orange finally accepting the completion of a certain public work and improvement, Bid No.
990-03, L.A. Signal,
Inc., traffic
signal improvements
CITY COUNCIL MINUTES October 24, 2000
3. CONSENT CALENDAR (Continued)
3.14 RESOLUTION NO. 9346 S4000.S.4)
A Resolution ofthe City Council of the City of Orange authorizing the temporary closure
of Glassell Street from the Plaza to Almond Avenue, Palmyra Avenue from Center Street
to Shaffer Street, Grand Street from Almond Avenue to Washington Avenue, Maple
Avenue from Orange Street to Grand Street, and Maple Avenue from Center Street to
Shaffer Street; and removing on-street parking at various locations within the area
for filming of a major studio movie in November,
2000.ACTION: Approved. NOTE: Councilman Alvarez abstained on this item due to
a conflict with his ownership of a business near the
Plaza.3.15 RESOLUTION NO. 9348 C2S00.
K)A Resolution of the City Council of the City of Orange expressing appreciation
to Captain Louis A. Walsh III of the Orange Police Department and commending him
for more than thirty-two years ofloyal and
dedicated service.
ACTION: Approved.MOTION -
Murphy SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Mayor
pro tern Spurgeon abstained on Item 3.6. Councilman Alvarez abstained on Item 3.
14. The remainder of the Consent Calendar was approved as recommended.END
OF CONSENT CALENDAR 4.
REPORTS FROM MAYOR COONTZ Mayor
Coontz noted the Orange Police recently arrested four people on graffiti charges and asked
the Police Chief for a report on recent incidences.Police
Chief Romero reported since the inception of the STOMP (Stop Tagging on My Property)Program
in July, the Police Department have made 35 arrests for tagging and graffiti vandalism.This
compares to two arrests for the same time last year. He explained the penalties associated with
graffiti vandalism and they are working on getting maximum penalties to help reduce this problem.
Mayor
Coontz noted there is a need to update City of Orange penalty codes and complimented the
efforts of the Orange Police Department and citizens, particularly Bob Haywood who monitors
graffiti for the Milford Road Neighborhood Watch in Orange.PAGE
7
CITY COUNCIL MINUTES October 24, 2000
4. REPORTS FROM MAYOR COONTZ (Continued)
Mayor pro tern Spurgeon commented on a recent article about crime at The Block and other
large centers in Orange County. Despite a recent tragedy at The Block, statistics prove that
given the amount of people who visit this center, the Orange Police Department is within its
enforcement capabilities. Property crimes are up in Orange because of large centers like The
Block, but felony crimes are down; and Orange is still one of the safest cities in Orange County.
In response to Council questions, Police Sergeant Pat Thayer reported the majority of graffiti
offenders are juveniles and there are repeat offenders but they are working to eliminate this. He
explained that the difference between taggers and gang activity is that gangs will vandalize to
mark their turf whereas taggers have no rhyme or reason to their vandalism. He noted they have
added a Probation Officer to their enforcement team which is also helping to reduce this
problem.
Chief Romero reported there are approximately 10 Hispanic gangs in Orange and a few smaller
ones such as motorcycle gangs and white supremist gangs. There are approximately 250 to 300
total gang members in Orange.
S. REPORTS FROM COUNCILMEMBERS
5.1 Councilman Alvarez - To direct the City Attorney to report on the potential violation
of Government Code Section 3206, "The participation in political activity by officer
or employee of local agency while in uniform," which was used in a political mailer.Councilman
Alvarez reported there was a memo issued July 26th by the City Attorney and Personnel
Director to all City employees outlining the rules of conduct to be followed during the upcoming
election season; and one of the rules was a restriction on campaign participation while in
uniform. He cited a particular campaign advertisement which included a picture of a Police employee.
He asked the City Attorney for clarification of this issue.The
City Attorney suggested this discussion was engaging in campaign activity which is not allowed
during a Council meeting, especially when reference is made to specific Councilmembers.
In response to further questions, he pointed out it is a violation of state law for employees
to engage in campaign activity while in uniform. However, it is permissible to use a picture
in campaign literature which was taken at a function and not taken for campaign purposes.
If a violation does occur, this type of matter can be referred to the District Attorney.Councilman
Murphy reminded the Councilmembers running for re-election they have all made a
commitment to leave campaign activities out of the Council Chambers and put aside political
matters during the election.
PAGE 8
CITY COUNCIL MINUTES October 24, 2000
S. REPORTS FROM COUNCILMEMBERS (Continued)
5.2 Councilman Slater - Request Council direct staff to work with neighbors on the 300-
400 blocks of South Grand Street to explore possible zoning inconsistencies with the
General Plan and potential zoning options reporting back to Council on November 28,
2000. (ZIS00.0)
Councilman Slater reported on a memo written approximately two years ago which referred to
zoning discrepancies with the City's General Plan in the area of South Grand Street. He wanted
to make clear the direction that was given by the Mayor at the previous Council meeting for staff
to work with the Grand Street neighborhood on these zoning discrepancies and explore various
zoning options.
The Community Development Director reported the Community Development staff and City
Attorney's office have begun to look at this issue and will bring a report back to Council.
Councilman Alvarez disclosed he had met with the neighborhood group at their initial meeting,
but did not recall the date.
Luis Caballero, 487 S. Grand, reported there is a current application being processed to add a
second unit at a residence on Grand Street, and asked the City to impose a moratorium on
building permits until this issue is resolved.
Councilman Slater indicated a moratorium request would have to be agendized. Mayor Coontz
indicated the City Attorney will assist with this issue.
Joan Crawford, 394 S. Orange, board member of the Old Towne Preservation Association, stated
there needs to be a study into the inconsistencies between the General Plan and the current
zoning designation for this area. It is important the Old Towne Design Standards be included in
this review and there needs to be guidelines developed for the entire historic district. She
commended staff for their efforts in preserving the historic district.
Joan Newcomb, 429 S. Grand, reported a hearing is scheduled for the November 6th Planning
Commission meeting to consider a proposed second unit at a residence on Grand Street, and
expressed concern about this proposal being approved while they are still looking into the
legality ofthe zoning inconsistency.
The Community Development Director reported the Planning Commission hearing is a
Conditional Use Permit application, and any action taken by the Commission is final but can be
appealed to the City Council.
In response to questions about what effect an interim moratorium would have on the specific
application in question, the City Attorney reported the provisions of a moratorium require the
Council to act within a certain time frame to affect the application. He will look at the specific
project to determine if there would be an effect. They need to review the fundamental issue of
PAGE 9
CITY COUNCIL MINUTES October 24, 2000
S. REPORTS FROM COUNCILMEMBERS (Continued)
whether there is an inconsistency between the General Plan and the zoning. If there is, the
project would not be approved.
MOTION - Slater SECOND -
Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to direct
staff to work with the neighbors on the 300-400 blocks of South Grand Street to explore possible
zoning inconsistencies with the General Plan and potential zoning options,reporting back
to Council on November 28, 2000.6. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7. ADMINISTRATIVE REPORTS
7.1 Report
from the Director of Public Works on the issuance of special tax bonds for the City of
Orauge Community Facilities District No. 91-2 (Serrano Heights Public Improvements). (T1100.
0) (A2100.0 AGR 3621, 3622, 3623, 3624)The Director
of Public Works reported Community Facilities District No. 91-2 was originally formed
in 1991 to finance public improvements for the Serrano Heights residential tracts. He reported
on the history of the District, stating the current owner has now pursued the completion of
the District and the development of the property. It is recommended the Council authorize the issuance
of the bonds and approve related documents. Bond closure is expected at the end of November.
Mayor
Coontz wanted to ensure this was financially stable and they have met all City requirements.
The Director of Public Works reported these bonds are at a 5:2 value to lien ratio appraised
value of the property to the amount of the lien being applied), which far exceeds the City
requirement of a 4: 1 ratio. This land is also much more developed than most proferties at the
time of bond issuance, and the appraised value of the property, as of August 15' , is over 186
million to secure a bond issue of approximately $35 million.Councilman
Alvarez asked about a report that the developer of Serrano Heights was involved in a
bankruptcy in Brea. The Director of Public Works reported this has been disclosed in all the official
statements. The developer had only a 5% involvement with a project in Brea and had no control
over the bankruptcy. This issue is being resolved and as a result, certain certificates have been
required by the underwriter that the lien for the bonds has first place in the event any actions
are taken.The
Finance Director reported they did ask the developer to provide certificates from their current
construction lenders which assures the City all payments are current and they are aware there
is a Community Facilities District and the District is in a first position. As Chief Financial Officer,
it was her opinion that all conditions have been met for this issuance.PAGE
10
CITY COUNCIL MINUTES October 24, 2000
7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 9342
A Resolution of the City Council of the City of Orange authorizing the issuance of Special Tax
Bonds for the City of Orange Community Facilities District No. 91-2 (Serrano Heights
Public Improvements), and approving related documents and
actions.MOTION - Murphy
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Resolution No. 9342 be adopted and same was passed and adopted by the preceding vote.8.
REPORTS
FROM CITY MANAGER - None.9. LEGAL AFFAIRS
9.1 ORDINANCE
NO. 20-00 (FIRST READING) (ZIS00.0)An Ordinance
of the City Council of the City of Orange approving a zone change request to allow the
reclassification of property located at 487 North Equestrian from A-I to R-I-
40.Zone Change 1206, Applicant: James A.
Shab MOTION - Slater
SECOND - Murphy AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 20-00 be read by title only and same was set for second reading by the
preceding vote.10.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11.
RECESS TO CLOSED SESSION The
City Council recessed at 6:25 to a Closed Session for the following purposes:a.
Conference with Real Property Negotiator pursuant to Government Code Section 54956.
8:Property:
Parcel located at NW corner of Spring and McPherson Negotiating
Parties: Union Pacific Railroad and City of Orange Under
Negotiation: Price and Terms of Payment b.
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:City
Negotiator: Personnel Director Steven Pham Employee
Organization: All organizations PAGE
11
CITY COUNCIL MINUTES October 24, 2000
11. RECESS TO CLOSED SESSION (Continued)
c. Conference with legal counsel pursuant to Government Code Section 54956.9 existing
litigation:
City of Orange v. JeffHambarian et at. OCSC Case No. 807419
d. To consider and take possible action upon such other matters as are orally announced by
the City Attorney, City Manager, or City Council prior to such recess unless the motion
to recess indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Jeannine Lawrie, 2512 Shady Forest, speaking on behalf of the Orange Dog Park Association,
asked for more specifics on the process involved in developing the dog park at Yorba Park.
They need a target opening date for the park.
The City Manager reported the concept of the dog park was approved on August 22nd. Funds
were not budgeted for this year, but they are able to use some money left over from another
project for some preliminary work. He has directed the Community Services Department to start
a Request for Proposal (RFP) to select an architect for the site design for the entire park. This
RFP should be ready by the first of next year which will help in determining what is needed in
the budget. It will then take approximately six months for completion of the preliminary design.
At that time, they will know where the fencing should be located which will separate the dog
park from the rest of the park, since the Dog Park Association has agreed to raise money for this
fencing.
Mayor pro tem Spurgeon reminded everyone the Orange County Animal Shelter has dogs
available for adoption.
Michelle Tuner, 400 block of North Cypress, applauded the efforts of the Orange Police
Department and Gang Unit in reducing crime in her neighborhood. She has seen an increase in
police patrol and a decrease in vandalism and graffiti. She urged the implementation of the
volunteer program to assist with the graffiti problem.
Bill Bouska, 270 N. Malena, commented on the need for more park space in Orange, and on the
possible expansion of the park at Prospect and Spring.
The City Manager commented negotiations with Union Pacific Railroad regarding property at
Spring and McPherson is not for public record at this time, and the negotiations have not been
consistent.
Jennifer Edwards, 928 E. Oakmont, speaking on behalf of the Girls Central Orange Bobbysox,
submitted a petition requesting the fields at El Camino Park be upgraded, and stated the need for
additional fields and practice sites for girls sports.
PAGE 12
CITY COUNCIL MINUTES October 24, 2000
12. PUBLIC COMMENTS (Continued)
The City Manager reported he has directed the Community Services Department to work with
consultants to determine what it would cost to do preliminary work at El Camino Park since no
money was appropriated in this year's budget. An entire rehab of the park is not feasible, but an
appropriation of $20,000 would probably be enough to finish Field #3 and cut in Field #4.
Councilman Murphy requested, through the Chair, to direct the City Manager to bring an
appropriation request back to Council to finish Field #3 and cut in Field #4 at El Camino Park, to
be ready for opening day in February 200 I.
Richard Langseth, 195 Malena Drive, submitted a petition requesting a "No Through Street"
sign on his street. The Mayor indicated this was already in progress.
13.PUBLIC HEARINGS TAPE 4790
13.1 GENERAL PLAN AMENDMENT NO. 3-00, ZONE CHANGE NO.
1205-00,CONDITIONAL USE PERMIT NO. 2339-00,
VARIANCE NO. 2089-00,NIEUPOINTE ENTERPRISES/
BARRY COTTLE: (C2300.E)The public hearing on petition by Neiupointe Enterprises/Barry
A. Cottle requesting General Plan Amendment No. 3-00 to redesignate 8.05 acres to
GC (General Commercial) from R-O Recreation-Open Space); Zone Change No.
1205-00 to reclassify property located north of Chapman Avenue and Chapman General
Hospital, east of Santiago Creek to C-l (Limited Business) from R-O (
Recreation-Open Space) and to reclassify property located at the southeast comer of the intersection of
Handy Street and Palm Avenue, west of Santiago Creek to R-I-6 Residential,
Single Family, minimum lot size 6,000 sq. ft.) from R-O; (Recreation Space);
Conditional Use Permit No. 2339-00 to allow a mini-storage facility on property zoned C-l;
and Variance No. 2089-00 to allow the perimeter wall of the mini storage facility to have a maximum
height of 8 feet 6 inches, 2 feet 6 inches taller than
the 6 foot maximum permitted by the Zoning Ordinance was continued to
this time
from September 26, 2000.NOTE: Negative Declaration 1642-00 was prepared to evaluate
the environmental impacts of this project.Mr. Greg Weiler, 2603 Main Street, Irvine, representing the Applicant,
requested a continuance of this item to November 28, 2000. He submitted a letter dated October
24th, stating the applicant needs additional time in order to
address the concerns which have been raised since the Planning Commission hearing. Those
concerns include drainage issues, lighting issues,landscaping issues, noise concerns, perimeter fencing, solid waste issues raised
by the County and the dedication of the right-of-way for Yorba Street and the related
trail. The applicant, along with their consultants, would like this additional time also to meet
with the residents in the area.At the September 26th Council meeting, they had originally requested this
matter be continued to November
28th and
CITY COUNCIL MINUTES October 24, 2000
13. PUBLIC HEARINGS (Continued)
Councilman Slater suggested they open the hearing and give the applicant the opportunity to hear
the concerns of the residents at this time.
Mr. Weiler stated they would be happy to meet with the residents after the meeting, but are not
prepared for a public hearing as their consultants are not present.
Mayor Coontz asked if attempts had been made to meet with the residents.
Barry Cottle, Applicant, stated they have tried to meet with the residents, but since new issues
have arisen they want to have a meaningful dialog and not just hear one-sided
concerns.Councilman Alvarez pointed out the applicant was not present at the original hearing date
of September 26th and that was why he voted to continue the hearing to this date; and did not see
a need to continue the hearing
again.Mayor Coontz asked for an explanation from the City Attorney of due process. The
City Attorney stated that due process would not be violated if the process is not continued.
Due process requires notice and a full opportunity to be heard. However, the Applicant is correct
in that the policy of the Council has always been that when an applicant requests a continuance to
a date certain in order to address issues in the community, the request has been granted. At
the Planning Commission, there were only a few speakers in opposition to this project;
and obviously more issues have arisen since that meeting given the amount of people present at
this hearing. Also, since the Planning Commission hearing, the applicant has been contacted by
the County regarding landfill
issues.Mayor Coontz pointed out flyers have been distributed in the community that may
contain inaccurate information and there is the need for additional information on issues such as
the extension of Y orba and trails issues. This is also not an issue of not being supportive of
parks,and the Council has always given applicants an opportunity to address issues. The Council
has not seen the full proposal and have not made up their
minds.Mayor pro tern Spurgeon commented at the last meeting staff was directed to develop a
policy regarding hearing continuances. Until such a policy is adopted, he did not want to change
rules in the middle of a process. The City Attorney stated a policy on continuances will be
brought before the Council but did not want to do so while a specific issue was being considered.
He also noted that under the Permit Streamlining Act the City Council is required to act within
60 days of an application being complete, although a 90-day extension can be
approved
if necessary.Mayor Coontz asked the applicant if the November 28th date was still viable given the
new issues that have arisen. Mr. Weiler stated they would be prepared to address all issues at
that time.
CITY COUNCIL MINUTES October 24, 2000
13. PUBLIC HEARINGS (Continued)
Councilman Slater expressed concern about the applicant not being in attendance at the original
hearing, and suggested the public hearing be opened to allow the residents to voice their
concerns and then continued for the applicant to address those concerns.
Councilman Murphy expressed concern about treating this applicant different from others and
suggested the hearing should take place at one meeting. He suggested the applicant meet with
the residents after this meeting and then continue this to a date certain.
Mayor Coontz wanted to resolve the public works issues and the misinformation being sent out
on flyers; and be able to listen to both the applicant and residents in the proper setting using the
democratic process.
Councilman Slater stated he knew for a fact this is being continued for political reasons and,
therefore, would not support the motion.
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Mayor Coontz, Spurgeon NOES - Slater, Alvarez
Moved to continue to
November 28, 2000 per the original request, with it being a date certain with no more requests
from the applicant for extensions; both parties are to make every effort to resolve issues; and public
works issues are to be addressed with the assistance of the Public Works Director.TAPE 5950
13.2
JOINT PUBLIC
HEARING WITH THE ORANGE REDEVELOPMENT AGENCY - AMENDMENT TO LEASE
AGREEMENT WITH PAUL'S AUTO REPAIR:A2100.0 AGR 3380.2)
Time set for a joint
public hearing with the Orange Redevelopment Agency Board of Directors to consider approval of an
Amendment to the Lease Agreement between the Orange Redevelopment Agency and Paul's
Auto Repair on Agency-owned property located at 190 South Olive Street.The
Economic Development Senior
Project Manager reported the property in question was purchased by the Redevelopment
Agency in December 1999 and is currently leased to Paul's Auto Repair. The current
lease expires the end of October, and they are requesting a two-year extension. The current
rent is $1600 per month and will increase to $1800 per month with the new extension.Councilman
Alvarez pointed
out the rent equates to approximately $1.06 per square foot which is less than
any other commercial property in the downtown area, as other rates are approximately $1.30
to $1.40 per squarefeet. He felt it was the Council's fiduciary PAGE 15
CITY COUNCIL MINUTES October 24, 2000
13. PUBLIC HEARINGS (Continued)
responsibility to get a market rate for this property. He suggested the Agency look at
comparable rates at auto businesses on Lemon and Cypress.
Councilman Murphy wanted to make sure rates were compared with other auto garages and not
commercial and retail uses, and given the clean up issues with this property, was glad to have a
tenant in there until the property is ready for use by the Senior Center.
Mayor Coontz asked if the Agency Staff had looked at auto business along West Chapman for
comparable rates. The Sr. Project Manager indicated they had not. Most of the comps they
received were from other cities, such as Garden Grove and Santa Ana.
Councilman Slater asked what was being done to clean up this property. The Sr. Project
Manager indicated the tenant was responsible for property maintenance under the terms of the
lease.
Mayor Coontz stated the future of the property also needs to be addressed.
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue
to December 12'\ directing staff to confirm market rates, get comparable rates from business
in Orange, include a higher level of maintenance as part of the negotiations and inform the
tenant they will be on a month to month lease until resolved.14. PLANNING AND
ENVIRONMENT - None.15. ADJOURNMENT MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez The City Council adjourned at 8:20
p.m.1A1#fA~t&r~CASSANDRA J ATHCART,
CMCCITY CLERKJOANNECONTZMAYORPAGE 16