HomeMy WebLinkAbout11_14_2000 - Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER 28, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 14, 2000
The City Council of the City of Orange, California convened on November 14,2000 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 Pastor Ken Wilson, Orange Covenant Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Slater
1.3 ROLL CALL
PRESENT - Slater, Mayor Coontz, Spurgeon ABSENT -
Alvarez, Murphy NOTE: Councilman
Alvarez was present for the 7:00 p.m. session 1.4
PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS (C2500.J.4.2.2)Monica Vazquez,
City Personnel Analyst, presented a charity donation check in the amount of $
526 each to CAST (Child Abuse Services Team) and Veterans Memorial from the
Employee AppreciationlRideshare/Health Fair. Accepting the donations were Bob Malmberg
and Jeanie Ming on behalf of CAST and John Whiteriver and Mike Learkos on
behalf of the Veterans Memorial Committee.Mayor Coontz
announced the dedication of the Veterans Memorial took place on Saturday, November
11 th. Approximately
700
people were in attendance. She thanked the community
and the staffs of the City Manager's Office, Community Services Department, and
Gabe Garcia, Community Services Manager, for their efforts to make this event
a success.Mayor Coontz
announced the Council will be adjourning today's meeting in memory of Carl Schroeder,
and presented a certificate in his honor to his son, Jack Schroeder.2. PUBLIC
COMMENTS Jim Cline,
2603 Riding Way, expressed concern about the lack of enforcement of the construction conditions
at Lutheran High School. Mr. Cline indicated he had requested the City
Manager's assistance a few months ago, but has not received any response. The City Manager
commented he will contact Mr. Cline to resolve his concerns.Debra Stell,
800 N. Waverly, reported she is working on a documentary of the Orange Lionettes Softball
Team and its importance of the City of Orange to this organization.She asked
people to contact her at 324-2376 if they had any information on the team.PAGEl
CITY COUNCIL MINUTES November 14, 2000
Mayor Coontz suggested she contact the Orange Historical Society through the OrangePublicLibraryarchivesection.
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 CityCouncil, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove anitemfromtheConsentCalendar, all items removed shall be considered immediatelyfollowingactionontheremainingitemsontheConsentCalendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of November 14, 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 andfreelyaccessibletomembersofthepublicatleast72hoursbeforecommencementof
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 October 19, 26,
November 2,
2000.ACTION:
Approved.3.3 Request approval of City Council Minutes, Regular Meetings of October 10 and
24,
2000.ACTION:
Approved.3.4 Consideration to waive reading in full of all ordinances on the
Agenda.ACTION:
Approved.
APPROPRIATION 3.5 Request to appropriate $15,000 to re-roof public facilities (City Hall
and Fire Station 3). (P2500.
0.1)SUMMARY: Roof maintenance is necessary at both locations to prevent
damage to items inside the buildings as well as to prevent further damage to the
roof structure.ACTION: Transferred $15,000 from Fund 100 (General Fund) to Fund725 (Building Improvements) and appropriated to account 725-5028-
481200-
9816 (Re-
CITY COUNCIL MINUTES November 14, 2000
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Sufficient funds are available in the General Fund to transfer to this
project.
REMOVED AND HEARD SEPARATELY)
3.6 Additional Softball Field at EI Camino Park for Central Bobby Sox. (C2500.N)
SUMMARY: In the past few years, Central Orange Bobby Sox League has experienced
an increase in participation of youth girls playing softball resulting in the need to provide
an additional softball field at El Camino Park. Currently, El Camino has three softball
fields for youth softball and staff is requesting funding in an amount not to exceed
20,000 for improvements to provide an additional softball field. The City Council is
required to approve a transfer in the amount of $20,000 from General Fund (500)
unappropriated reserves to cover the expenditures for these improvements.
Jennifer Edwards, 928 E. Oakmont, asked the Council to support the additional softball
field at El Camino Park.
MOTION - Mayor Coontz SECOND -
Slater AYES - Slater,
Mayor Coontz, Spurgeon ABSENT - Alvarez, Murphy
Moved to approve a
transfer in the amount of $20,000 from General Fund (100) reserves and appropriate to account
500-7021-481105-0607 (General Fund Capital Projects), to fund
El Camino Park improvements; and authorized staff to retain a contractor to provide field
improvements at El Camino Park.FISCAL
IMPACT: After a fund transfer is executed, sufficient funds will exist to pay for the
improvement costs in Account 500-7021-481105-0607 (El
Camino Park Improvements), of $
20,
000 BIDS 3.7 A proposal to approve plans and specifications and authorize advertising
for bids for the annual ADA Wheelchair Ramps Contract at various locations for
the fiscal year 2000-2001. (S4000.
S.3.2)SUMMARY: Plans and specifications have been completed for
the ADA wheelchair ramp project at various locations. The project is ready to be advertised
for bids. The estimated construction costis $
134,019.40.ACTION: Approved plans and specifications and authorized advertising for
bids for the 2000-2001 ADA
Wheelchair Ramps,
CITY COUNCIL MINUTES November 14,2000
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds in the amount of $153,175 are budgeted in the CapitalImprovementPrograminaccount310-9645-483300-1328 (Community Development
Block Grant-ADA Ramps)
REMOVED AND HEARD SEPARATELY)3.8 A proposal to approve plans and specifications andauthorizeadvertisingforbidsfortheannualCurbandGutterReplacementContractat
various locations for fiscal year 2000-
01. (S4000.S.3.2)SUMMARY: Plans and specifications have been completedforthecurbandgutterreplacementprojectatvariouslocations. The project is readytobeadvertisedforbids.The estimated
construction cost is $70,000.Councilman Slater asked if an additional location ofapproximately10feetcouldbeaddedtothiscontract. The Director of Public Works
indicated this would
be acceptable.MOTION - Slater
SECOND - Mayor Coontz AYES - Slater, Mayor
Coontz, Spurgeon ABSENT - Alvarez,
Murphy Moved to approve plans and specifications as recommended with the addition of 10feetofcurbandgutterat1475JamestownWay, property owners Nick and JoanneTurpstra,and authorized advertising for bids for the 2000-01 Curb andGutter
Replacement Program.FISCAL IMPACT: Funds in the amount of $80,000 are budgeted inAccount262-5021-427100 (
Measure M-Contractual
Services).CLAIMS (C3200.0)3.9 The City Attorney recommends that the Orange CityCouncildenythefollowing
Claim(s) for
damages:a. Steve
Peterkin b. Virginia Roney ACTION: Denied Claim(s) for damages and referred to
City
Attorney and Adjuster.CONTRACTS 3.10 Contract change order with California Retrofit, Inc. for city buildings lighting
retrofit. (A2100.0 AGR-3547)SUMMARY: California Retrofit, Inc. was awarded a contract intheamountof $72,820 for retrofit oflighting in city buildings to a more
energy-efficient
CITY COUNCIL MINUTES November 14, 2000
3. CONSENT CALENDAR (Continued)
this work will be recovered over the next six years through reduced electrical energy
bills. Additional work is needed to improve illumination levels in certain areas and
include lights not in the original contract. The estimated cost of this change order is
25,444.
ACTION: Approved a contract change order in the amount of $25,444 with California
Retrofit, Inc. and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: There are sufficient funds in account 725-
5028-481200-1603 Lighting
Replacement and Retrofit.3.11 Award of Contract - Bid No. 001-09; Project SP-326S, Phase 2;
Fire Station No.8,Landscape and Irrigation
Improvements. (A2100.0 AGR-3633)SUMMARY: The project improvements include
the construction of an automatic irrigation system and landscape improvements including
trees, shrubs, and ground cover for Fire Station No.8 located
at 5275 E. Carver Lane.ACTION: 1) Awarded a contract in the amount of $69,992.
00 to Trugreen Landcare Inc.,6683 Marine Way, Irvine, CA 92618, and authorized the
Mayor and City Clerk to execute
on behalf of the City.FISCAL IMPACT: Funds are budgeted
and available in account 562-3021-481200-2683, $
116,820 (Temporary Fire Station No.8)3.12 Award of
Professional Engineering Services Contract for Community Development Block Grant (CDBG)
Project, Walnut Avenue
Storm Drain Improvements (D-13S).A2100.0 AGR-3632)SUMMARY:
This contract authorizes the Consultant to provide field surveying,
geotechnical investigation, engineering reports, and preparation of plans, specifications and cost estimates
for the Walnut Avenue CDBG Storm Drain Improvement project.ACTION: Approved a contract
with Thielmann Engineers in an amount not to exceed 34,620.00 and authorized the Mayor and the
City Clerk to execute on behalf of the City.FISCAL IMPACT:
Funds are budgeted in the Capital Improvement Program and available
in account
310-9645-483400-5386 (Detail 16132) $336,074 (Community Dev.Block Grant).3.13
Change Order No. One for Santa Fe Depot Improvements. (A2100.0 AGR-3560)
SUMMARY: It is recommended that the City Council approve change order number one to
Hondo Company, Inc. in the amount of$13,633 for several construction improvements
to the
CITY COUNCIL MINUTES November 14, 2000
3. CONSENT CALENDAR (Continued)
ACTION: Approved change order number one to Hondo Company, Inc. in the amount of
13,633 and authorized staff to process payment.
FISCAL IMPACT: Funds are budgeted for this project in account 500-
7021-481200-0970 (Depot Park- Millennium Clock! Veterans Fountain), $
13,
633 RESOLUTIONS 3.14 RESOLUTION NO. 9349 (C2500.M.
16.1)A Resolution of the City Council of the City of Orange approving Lot
Line Adjustment LL 2000-04 adjusting lot lines of certain real property situated at the
southeast corner of Newport Boulevard and Santiago Canyon Road and southwest corner
of Jamboree Road and Santiago Canyon Road in the City of Orange, County of Orange,
State of California.Owner: The Irvine Company,
a Delaware Corporation NOTE: The wording of the title of Resolution No. 9349 was corrected
from what was indicated
on the
Agenda)ACTION: Approved.3.15 RESOLUTION NO. 9350 (C2500.
M.16.1)A Resolution of the City Council of the City of Orange approving
Lot Line Adjustment LL 2000-06 adjusting lot lines of certain real property situated
at 480 South Batavia Street in the City of Orange, County of
Orange, State of California.Owners: Sisters of St. Joseph of Orange, Inc. and St. Joseph
College
of Orange,
a Corporation ACTION: Approved.3.16 RESOLUTION NO. 9351 (
C2500.M.16.1)A Resolution of the City Council of the City of Orange
approving Lot Line Adjustment LL 2000-07 adjusting lot lines of certain real property situated
at north of Katella Avenue east of Santa Ana River in the City of Orange, County
of Orange, State of California.Owner:
Syufy Enterprises,
A Limited Partnership ACTION: Approved.3.17 RESOLUTION NO.
9353 (A2100.0 AGR-0233.C)A Resolution of the City Council of the City
of Orange approving amendment of the Joint Powers Agreement for the
Orange County
CITY COUNCIL MINUTES November 14, 2000
3. CONSENT CALENDAR (Continued)
ACTION: Approved.
3.18 RESOLUTION NO. 9354 (C2300.E)
A Resolution ofthe City Council of the City of Orange (A) Adopting findings offact, (B)
Readopting a Statement of Overriding Considerations, and (C) CertifYing the adequacy of
final Environmental Impact Report No. 1278, as supplemented by the Supplement to
Final Environmental Impact Report 1278, prepared for the City of Orange General Plan
Amendment No. 2-
88-A.City
of Orange Supplemented Environmental Impact Report 1278, Santiago
Hills II
ACTION:Approved.3.19 RESOLUTION NO. 9355 (
C2300.E)A Resolution of the City Council of the City of Orange upholding the
recommendation of the Planning Commission and approving the General Plan classification
of property generally located between Jamboree Road and the Eastern Transportation
Corridor, south of Irvine Regional Park. Also included is a parcel located west of Jamboree
Road and north of
Chapman Avenue.General Plan Amendment
No. 2-00 Applicant: The Irvine Company,
Santiago Hills
II ACTION:
Approved.SPECIAL EVENTS 3.20 Request for temporary suspension of permit parking
restrictions within Permit Parking "Area A" (Downtown Area), for a special event
at Chapman University.SUMMARY: Chapman University will host their annual
Orange County Economic Forecast on Thursday - December 7'h, 2000. Due to anticipated attendance, it
may be necessary to park in the surrounding residential neighborhood, which
restricts on-street parking except by permit. (S4000.S.
3.1.
1)ACTION: Approved.FISCAL
IMP ACT: None.
MOTION - Slater SECOND -
Spurgeon AYES - Slater, Mayor Coontz, Spurgeon
ABSENT - Murphy, Alvarez PAGE
7
CITY COUNCIL MINUTES November 14,2000
3. CONSENT CALENDAR (Continued)
Items 3.6 and 3.8 were removed and heard separately. All remaining items listed undertheConsentCalendarwereapprovedasrecommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR COONTZ - None.S.
REPORTS FROM COUNCIL MEMBERS - None.6. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS _ None.7. ADMINISTRATIVE
REPORTS - None.8. REPORTS FROM
CITY MANAGER - None.9. LEGAL AFFAIRS 9.
1 ORDINANCE NO.
20-00 (SECOND READING) (ZI500.0)An Ordinance of
the City Council of the City of Orange approving a zone change request to allow the reclassification ofpropertylocatedat487NorthEquestrianfromA-I to R-I-40.
Zone Change 1206, Applicant: James A. Shab
MOTION - Spurgeon SECOND -
Slater AYES - Slater,
Mayor Coontz, Spurgeon ABSENT - Murphy, Alvarez
Moved that Ordinance No.
20-00 be read by title only and same was approved and adopted by the preceding vote.9.2 ORDINANCE
NO. 22-00 (FIRST READING) (ZI500.0)An Ordinance
of the City Council of the City of Orange amending Title 17 of the Orange Municipal Codeandapprovingthepre-zoning of property located between Jamboree Road and theEasternTransportationCorridor, south of Irvine Regional Park, currently in unincorporated territorywithinOrange's Sphere of Influence and the re-zoning of property located west of
Jamboree Road, north of Chapman Avenue.
Zone Change and Pre-Zone Change 1204-00, Ordinance
Amendment 22-00 Applicant: The Irvine Company,
Santiago Hills
CITY COUNCIL MINUTES November 14,2000
9. LEGAL AFFAIRS (Continued)
MOTION - SpurgeonSECOND -
Slater AYES - Slater,
Mayor Coontz, Spurgeon ABSENT - Murphy, Alvarez
Moved that Ordinance No.
22-00 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 4:55 p.m. 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 comer 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 Organizations: Fire
and Police c. 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
TAPE 740 Robert Boice, 143
N. Pine, spoke in favor of appointing Carolyn Cavecche to fill the upcoming vacant Council seat
as she was the candidate who received the next highest votes in the recent election Mayor Coontz
asked
the City Attorney to explain the process involved in filling the upcoming vacant Council seat.
The City Attorney reported state law provides for the City Council to appoint someone to
fill the vacant seat or call for a special election. If an election is called, the Council also has
the option to make an interim appointment until the election, which would be held in June
2001. He pointed out that Councilman Spurgeon would not be on the Council when the decision is
made, that only the four remaining Councilmembers would be participating in this decision. The Council
has 30 days from the commencement of the vacancy, which would be December 5th, to
make the appointment. If an appointment is not made, then a special election is called.PAGE 9
CITY COUNCIL MINUTES November 14, 2000
12. PUBLIC COMMENTS (Continued)
Alex Mintzer, address on file, also spoke in support of appointing Carolyn Cavecche and askedforcommentsontherecentpoliticalmailersfromAWGPAC.
Mayor Coontz remarked this had been a "dirty" election which ultimately hurts the City, and didnotcondonetherecentindependentmailersandtheillegalfliersthatwerecirculated. ShesuggestedtheCouncilputtheelectionbehindthemandgetbacktothebusinessoftheCity.
Councilman Alvarez pointed out the AWG PAC is identified as the Airport Working Group, andhadhopedtheywouldhavebeencontactedandaskedtostopthemailers.
The following people also spoke in favor of appointing Carolyn Cavecche to fill the upcomingvacantCouncilseatasshewasthecandidatewhoreceivedthenexthighestvotesintherecentelection. They commented an appointment should be made as an election would be too costly,and a full Council should be in place to prevent tie votes
Mark Clemens, 146 N. Shaffer
Shameeron Parr, 479 N. Wrightwood
Joan North, 1218 E. Chalynn
Jon Dumitru, 860 N. Kathleen
Tim Volk, 617 Brambles Way
Alex Ciavola, address on file
Bill Parker, 980 Wanda Road
Karen Ottoson, 255 S. Craig
Mara Brandman, 7319 Equitation Way
Michelle Washington, 897 N. Red Robin
David Washington, 897 N. Red Robin
Jim Cline, 2603 Riding Way
John Wetterholm, 1879 N. Lincoln Street
Bruce Bromberger, 536 Elizabeth Drive
Ted Endres, 1010 River Lane, commented on the need to protect and preserve Santiago CreekandcreatetrailsalongtheCreek.
Howard DeCruyenaere, Santiago Creek Greenway Alliance, commented on the need to create
open space along Santiago Creek and pointed out the oversight of not including a bicycle trail
undercrossing at the Chapman Avenue bridge east of the 55 Freeway. The Director of Public
Works pointed out Caltrans is the agency involved with the Bridge construction.
Councilman Slater introduced Mr. Martin Gleeson, Councilmember from Orange, New SouthWales, Australia, who was visiting here from the City's Sister City.
Mr. Gleeson stated he had been observing the election process while he was here. He commented
on the differences and similarities between the two countries and thanked the City Council for
their hospitality.
PAGE 10
CITY COUNCIL MINUTES November 14, 2000
13.PUBLIC HEARINGS TAPE 2440
13.1 CONDITIONAL USE PERMIT NO. 2347-00, VARIANCE NO.
2088-00,LIS GIUSTO - 374 N. CAMBRIDGE STREET: (C3300.
0)NOTE: Councilman Slater abstained from this hearing due to a business conflict and left
the dais. Item 13.2 was heard before this
item.Time set for a public hearing to consider conditional Use Permit No. 2347-00, a
proposal to allow the construction of a new 1-1/2 story accessory second unit over a
new garage/workshop and Variance No. 2088-00, a proposal to reduce the required rear
yard setback, upon property located at 374 N. Cambridge Street. NOTE: This project is
categorically exempt from the provisions of the California Environmental Quality Act per
State CEQA Guidelines Section 15332 and Local Adopted
CEQA City Exemptions (d).The Director of Community Development reported the applicant is proposing
to construct a 1-1/2 story detached accessory second housing unit over a new garage/
workshop, which requires a Conditional Use Permit. A variance is requested to reduce the required
rear yard setback from the required 10 feet to five feet. The height of the entire structure is only
19 feet, which is
considered 1-1/2 stories.Councilman Alvarez asked about the five foot rear setback and why
the building size was not reduced in order to meet the required 10 foot setback and if other
designs
were considered for the unit.The Director of Community Development reported several designs
were looked at for this second unit and it was determined the size of the upstairs housing unit
needed to be the required minimum 450 square feet and also in direct
relationship to the garage building.MAYOR
COONTZ OPENED THE PUBLIC HEARING.Lis Giusto, property owner, stated their intent is to have a
small non-descript second unit and have agreed
to the conditions of the proposal.THERE BEING NO OTHER
SPEAKERS,
MAYOR COONTZ CLOSED
THE PUBLIC HEARING.
MOTION - Alvarez SECOND - Spurgeon AYES - Mayor
Coontz, Spurgeon, Alvarez ABSENT -
Murphy, Slater Moved to find that the project is categorically exempt from CEQA per Section 15332 of
the State CEQA Guidelines and Local Adopted CEQA City
Exemptions (d).
CITY COUNCIL MINUTES November 14,2000
13. PUBLIC HEARINGS (Continued)
MOTION - Alvarez SECOND -
Spurgeon AYES - Mayor
Coontz, Spurgeon, Alvarez ABSENT - Slater, Murphy
Moved to approve Conditional
Use Permit No. 2347-00 as outlined in Planning Commission Resolution No. PC-61-00.MOTION -
Alvarez SECOND - Spurgeon
AYES - Mayor Coontz,
Spurgeon, Alvarez ABSENT - Slater, Murphy Moved
to approve Variance No.
2088-00 as outlined in Planning Commission Resolution No.PC-62-00.13.2
PRE-ZONE CHANGE NO. 1207-00, MUSKOKA DEVELOPMENT _ WEST SIDEOFMEADSAVENUE, APPROXIMATELY 400 FEET SOUTH OF SANTIAGO
CANYON ROAD: (ZI500.0)
Time set for public hearing to consider a proposal to pre-zone two I-acre parcels of land
to the City's R-I-40 (Single Family Residential, minimum one acre
lot size) Zoning Classification,upon property located on the west side of Meads Avenue, approximately
400 ft. south of Santiago Canyon Road. The properties are currently in anunincorporatedareaofOrangeCounty. This application has been filed to allow for annexation ofthe
properties to the City.NOTE: This project is categorically exempt from the
provisions ofthe
California Environmental Quality Act.The Director of Community Development reported this is a proposal
to pre-zone two I-acre parcels of land to the City's R-I-40 (
Single Family Residential, minimum one acre lot size)Zoning Classification. The properties arecurrentlyinanunincorporatedareaofOrangeCounty,in Orange Park Acres, and two houses
are currently under construction on this property. The applicant is seeking annexation into the City in order toconnecttotheCitysewerand
a pre-zone change is necessary prior to annexation.Mayor Coontz asked about the curb and gutter
issue along Meads and how it is being resolved.The Director of Community
Development reported the County had a requirement for street improvements on Meads, which
included the curb, gutter and sidewalk, and required the applicant to post a bond in
the amount determined for these improvements. This bond was ultimately paid to the City for these
improvements. The
CITY COUNCIL MINUTES November 14, 2000
13. PUBLIC HEARINGS (Continued)
Meads; however, after discussions with the applicant and Orange Park Acres community, it was
determined that when the City is ready to develop Meads they will put in rolled curb and leave
ten feet for future trails. With regard to the driveway, the developer has agreed to put in a dirt or
decomposed granite type driveway that would accommodate a trail in the future. These
conditions are all acceptable to the developer
The Director of Public Works stated that when there is spot development such as this, the City
typically requires a bond or cash deposit in lieu of construction. When the street is ultimately
developed, that bond or cash deposit is utilized, at that time, to fund the portion of the street
improvements that are front ofthe property.
Mayor Coontz asked if this issue is included in the conditions for approval, as City standards are
different from the County, especially in Orange Park Acres.
The Director of Community Development stated it is not in the conditions because it is a pre-
zone and the City can not condition any type of development on the property. However, if the
Council wishes to have the street conform to a rural standard, the City can transmit this to the
County during the annexation process.
Councilman Alvarez asked if the Orange Park Acres Committee reviewed this project and how
the Council could transmit their concerns to the County in a more formal manner.
The Director of Community Development reported the County notified property owners within
300 feet of the project, although some residents in Orange Park Acres stated they were not aware
of it. The City's pre-zone change proposal did not go through the Committee. With regard
to notifYing the County, she stated a letter could be sent to the County with the concerns
and recommendations on the street improvements for consideration during the LAFCo
annexation
hearing.The City Attorney indicated any finding by the Council would not be binding to the County but
a letter can be transmitted with the Council's
concerns.MAYOR COONTZ OPENED THE PUBLIC
HEARING Brian Kerr, Developer of the property, stated he is requesting annexation to the City for
sewer
purposes.Chuck McNees, 11211 Orange Park Boulevard, representing the Trails Committee in
Orange Park Acres, stated the recreation trail runs directly in front of these two homes. They
are concerned about the trail and the approaches to the residences, specifically as it makes
the transition from the County to the City. They are working with both City and County staff
in determining what needs to be in place so it stays in a rural
setting.PAGE
CITY COUNCIL MINUTES November 14, 2000
13. PUBLIC HEARINGS (Continued)
Mayor Coontz pointed out there is a County Trails Committee and they need to determine what
the process is in transmitting these issues to the County, as there will be more annexations in the
future.
Bob Bennyhoff, 10642 Morada Drive, suggested the City start working on problems they face
with annexations, particularly regarding streets, curbs, gutters, trails and sidewalks. He
suggested, as Chair of the Orange Park Acres Committee, that the Committee meet to determine
and present the community's desires and needs for annexed properties. There should be a series
of meetings with community leaders, the OP A Committee, Trails Committee and City staff to
address annexation issues.
Doug Schirripa, 10388 S. Randall, spoke in opposition to the annexation. His property is
contiguous to the subject property, and pointed out he is hooked up to a sewer while not part of
the City.
Mayor Coontz stated the Council recognizes the problem with County island properties and
those who want to annex into the City and those who don't.
In response to questions by Councilman Alvarez regarding the trail in front of his property, Mr.
Kerr stated he originally posted cash in lieu of improvements with the County when starting the
annexation proceedings, but that cash was subsequently given to the City since it was the City's
responsibility. It was his understanding he was not going to make any improvements in front of
his property except perhaps a decomposed granite trail. There appears to be a conflict between
the City and the County if the improvements are to be made; but the buyers of these two houses
will have horses and it is agreeable to him to leave the granite trails, if that is what the local
community desires. His main goal is to be hooked up to the sewer.
Mayor Coontz reiterated that the Applicant will be annexed, get the sewer hookup and will
accept the decomposed granite. She pointed out the City Manger sits on the County Annexation
Committee and may be able to help follow through with this.
Councilman Alvarez pointed out the City needs some type of vehicle in order to make a finding
and suggested perhaps language can be added to the motions to help solidify the Council's desire
to maintain the property in conformance with the Orange Park Acres Design Guidelines.
In response to a question by the City Attorney, Mr. Kerr stated he was told by the City he had to
annex in order to get a sewer hookup because the property is contiguous to City property, and
that if the property was not contiguous he could hook up with just a fee.
Mayor Coontz asked Mr. Kerr ifhe wanted to annex or not. Mr. Kerr reiterated that he was told
by the City that it was necessary.
PAGE 14
CITY COUNCIL MINUTES November 14, 2000
13. PUBLIC HEARINGS (Continued)
The Director of Public Works stated it is a statutory requirement that in order for a City to extend
utility service outside its boundaries, the property annexed to the City be contiguous. It does not
preclude the City from extending service to non-contiguous properties. Under California
law,non-contiguous properties can not be annexed. However, there is a pre-
existing agreement with the County Sanitation Districts which pre-dates that statute which allows
the City to extend sewer service to contiguous properties without annexation if they enter
into a sewer agreement,which includes a waiver of the right to protest future annexations. The
City has been processing
these types of agreements.The City Manager suggested City staff can review this issue and get back to
Mr. Kerr. The City is working very diligently with the County, and agreed there are issues
which need to be addressed for annexations in general. He recommended the Council
proceed with the current understanding that the applicant has with the City, but if another alternative
is found, then that option
can be left open.THERE BEING NO OTHER SPEAKERS, MAYOR
COONTZ
CLOSED THE PUBLIC HEARING.The Council discussed the issue of the in-lieu cash being paid to the
City rather than the County,giving the City more control over the design standard issues. It is within
the City's purview of what improvements
are or are
not done.MOTION -
Alvarez SECOND - Spurgeon AYES - Slater, Mayor Coontz,
Spurgeon, Alvarez ABSENT -
Murphy Moved to find that the project is categorically exempt from CEQA per Section 15319 ofthe
State CEQA
Guidelines.MOTION - Alvarez
SECOND - Slater AYES -
Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - Murphy
Moved to approve
Pre-Zone Change 1207-00 as outlined in Planning Commission Resolution No.
PC-63-
00.Mayor Coontz asked that a clear understanding of this discussion be included in the
Minutes.Councilman Spurgeon reiterated the need for the suggestions raised by Bob
Bennyhoff concerning the need for the City, County and Orange Park Acres community to work together
in resolving some of the confusion raised by piecemeal
annexations.PAGE
CITY COUNCIL MINUTES November 14, 2000
14. PLANNING AND ENVIRONMENT - None.15.
ADJOURNMENT MOTION -
Spurgeon SECOND - Alvarez
AYES - Mayor Coontz,
Spurgeon, Alvarez ABSENT - Murphy, Slater The
City Council adjourned at
8:30 p.m. in memoryof Carl Schroeder.1/ j I .. j~/)'7
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JOANNE CONTZ Ii I MAYOR ~PAGE 16