HomeMy WebLinkAbout11_28_2000 - Council MinutesADOPTED BY THE CITY COUNCIL ON DECEMBER 12,2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 28, 2000
The City Council ofthe City of Orange, California convened on November 28,2000 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Father Robert Capone, Holy Family Cathedral
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Alvarez
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The following
employees were recognized with Employee Service Recognition Awards:Matthew Morton,
Police; Sean Demetropolis, Fire; Matthew Nelson, Fire; Chrissie Mackin, Police;
Rene Alonzo, Public Works; Robert Miller, Police; Carl Collins, Fire;Dean Crockett,
Fire; Patrick Dibbs, Fire; Edward Engler, Fire; Jeffery Worthy, Fire;Barbara Behrens,
Finance. C2500J.4.l8David Rudat,
City Manager, was recognized by the National Committee for Employer Support of
the Guard and Reserve (ESGR) and presented with the Patriot Award by Linda Patterson,
Representative of the ESGR, Southern California Chapter. C2500.E Police Officers
Jorge Chavez and Joe Schaffer were introduced and recognized for their volunteer commitment
to City of Orange Youth Sports Programs. C2500.K The Investment
Advisory Committee members - Jim Hansen, Harold Jackson and Charles Simons - were
introduced and recognized for their efforts on this Committee.The Mayor explained the
Committee's role is to recommend investment policies and make recommendations regarding investment
activity and reporting.Mayor Coontz announced the
Christmas Tree Lighting Ceremony will be held December 3, 2000 at 4:
00 p.m. in the Plaza Mayor Coontz announced the
Mayor/Council Oath of Office Ceremony will be held December 5, 2000 at
7:00 p.m. in the Council Chambers.PAGE 1
CITY COUNCIL MINUTES November 28, 2000
1.4 PRESENTA TIONS/ ANNOUNCEMENTS/INTRODUCTIONS (Continued)
Councilman Slater congratulated Mark Murphy on his recent election as Mayor of the
City of Orange.
2. PUBLIC COMMENTS
Karen Roelke, 2304 W. Palm, spoke in support of sports programs for older children,
specifically for those 14 through 17 years of age and submitted a petition with
approximately 75 signatures. C2500.N
Carol Perry, address on file, expressed concern about the recent problems with speeding
and traffic accidents on Hart Street. The City Manager was instructed to follow through.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of November 28, 2000 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, and summarized on Time-
Warner Communications, all of said locations being in the City of Orange and
freely accessible to members of the public at least 72 hours before commencement of
said regular
meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as
a public record in the Office of the City
Clerk.3.2 Request Council Confirmation of warrant registers dated November 9 and 16,
2000.ACTION:
Approved.3.3 Receive and file the City Treasurer's Report, period ending October 31, 2000. (C2500.
F)ACTION:
Approved.3.4 Request approval of City Council Minutes, Regular Meeting, November 14,
2000.ACTION:
Approved.3.5 Consideration to waive reading in full of all ordinances on the
Agenda.ACTION:
Approved.PAGE
CITY COUNCIL MINUTES November 28, 2000
3. CONSENT CALENDAR (Continued)
BIDS
3.6 Project SP-3327-Approval of plans and specifications and request
for authorization to advertise for bids for the Plaza Preservation
Project; and Project SP-3319-Approval of plans and specifications
and request for authorization to advertise for bids for the Bank of America Parking
Lot. P2500.0.9 SUMMARY: Plans and specifications have been completed
for the Plaza Preservation Project. The project is ready to be advertised for bids. The
estimated construction cost is
1,050,000.00.Plans and specifications have been completed for the Bank of
America Parking Lot. The project is ready to be advertised for bids. The estimated construction cost
is $200,000.00.The two projects are being combined into one construction project
for the economics of scale and location benefits. The parking lot will be available to
the successful bidder for use in staging, and storage of construction materials
during
the Plaza Preservation Project.ACTION: Approve plans and specifications and authorized staff to
advertise for bids for the Plaza Preservation and Bank of
America Parking Lot Projects.NOTE: Councilman Alvarez abstained on this item due
to a business conflict.FISCAL IMPACT: Funds are budgeted and available
in the Capital Improvement Program
in the following
accounts:
Plaza
Preservation
Project:
510-7021-
485100-9875
500-7021-
485100-9875 500-
5011-483400-
5329 Subtotal
224,383
809,211 140,486 1,
174,
080
Park Acquisition
Capital Projects
Capital Projects
Bank of America Parking Lot:926-
9811-481200-
CITY COUNCIL MINUTES November 28, 2000
3. CONSENT CALENDAR (Continued)
3.7 Rejection of Bids and Readvertising - Bid No. 990-47, Orange Senior Citizen
Community Center Improvements. C2900.A
SUMMARY: The City received twelve bids. All bid prices were higher than funds
budgeted.
ACTION: I) Rejected the twelve (12) bids received for construction of the project; and
2) authorized reduction in scope of work and readvertising for bids for the Senior Citizen
Community Center Improvements.
FISCAL IMPACT: Funds are budgeted or are available in Account No. 310-
9645-481105-1601 $138,000 (Community Development
Block Grant)3.8 Award of Bid No. 001-18 for Two Full Size Pickup Trucks, Five
Black and White Police Sedans, Ten Solid Color Police Sedans and One
Window Style Van.
A2100.0 AGR-3643 SUMMARY: Two Full Size Pickup Trucks, Five Black and
White Police Sedans, Ten Solid Color Police Sedans and One Window Style Van
have been scheduled for replacement in the approved vehicle replacement schedule
for FY 2000/2001.ACTION: Awarded Bid No. 001-18 to Ford of Orange,
CA. in the amount of 421,907.77; authorized the Mayor and City Clerk to execute on
behalf of the City; and authorized the City Manager to surplus the
replaced vehicles at an auction.NOTE: Councilman Murphy abstained on this item
due to a personal conflict.FISCAL IMPACT: Funds are budgeted and
available in Account No. 720-5023-
472102 421,907.77 (Motor
Vehicle Replacement)3.9 CLAIMS C3200.0 The City Attorney recommends that
the Orange City Council
deny the following
Claim(s) for damages:Joseph O'Connor ACTION: Denied Claim(s) for damages
and
referred to City Attorney and Adjuster.CONTRACTS 3.10 Award of Contract - Project No. D-
134; CDBG Project - Fernside Street, Crystal View Avenue, and Glenside Street Storm
Drain Improvements. A2100.0 AGR 3642 SUMMARY: The construction of
storm drain improvements will relieve potential flooding in the project area by
intercepting and conveying the runoff through combination of street and pipe flow. The
project is funded by
the Community
CITY COUNCIL MINUTES November 28, 2000
3. CONSENT CALENDAR (Continued)
The bid opening was held on November 9, 2000. Fifteen (15) formal bids were received
for the project ranging from $181,570.00 to $347,130.00. R&L Sewer is the apparent
low bidder.
ACTION: Awarded a contract in the amount of $181,570.00 to R&L Sewer and
authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
available in Account No. 310-9645-483400-1819 (Detail 16130) - $429,
189.47 Community Dev.
Block Grant).3.11 A proposal to award a contract for the construction of Water Reservoir No.
lOA to Pacific Tank and Construction, Inc. Bid 001-02 (W-
593). A2100.0 AGR-3641 SUMMARY: The proposed Reservoir lOA will
supply the developing Serrano Heights residential community in the Northeast Hillside portion of the
City with a potable water supply for
domestic and fire protection purposes.ACTION: 1) Awarded the contract in the amount of $806,
325 to the lowest responsible bidder, Pacific Tank & Construction, Inc., 32236 Paseo
Adelanto, Suite A, San Juan Capistrano, CA 92675 and authorized the Mayor and City
Clerk to execute the contract on behalf of the City. 2) Appropriated $15,000 from
Water Capital Fund 601 Reserves to
account number 601-8041-484201-8318, Reservoir lOA.FISCAL IMPACT: Funding for this project is
proposed in fiscal year 2000/01 budget in account number 601-
8041-484201-8318, Reservoir lOA, in the amount of $806,325.3.12 The purchase and installation
of light fixtures on a sole source basis pursuant
to the Joint Use Agreement with Santiago Canyon College. C2500.N SUMMARY: City Council
approved funding in the amount of $270,000 for the design,purchase and
installation of field lighting for two soccer fields located at Santiago Canyon College.
The City Council approved execution of a joint-use agreement with the
Rancho Santiago Community College District at its meeting on September 26, 2000.Staff has specified
Musco Sports Lighting product to be installed at all City parks and joint-use
facilities. It is recommended that the City Council approve the purchase of ten
10) field lights, seventeen (17) walkway/parking lot poles, fifty-eight (58) light fixtures,and labor
ona sole source basis from Musco Sports Lighting, Inc. in the amount of 242,
489. The City Council
is required to approve any equipment purchase and labor on a sole source
basis.ACTION: Authorized the purchase and labor for light poles, fixtures, and accessories on a
sole source basis from Musco Sports Lighting, Inc. in the
amount of $242,489.FISCAL IMPACT: Sufficient funds are budgeted
in account
CITY COUNCIL MINUTES November 28, 2000
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
REMOVED AND HEARD SEPARATELY)
3.13 RESOLUTION NO. 9356 C2500.J.4.2
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding Between the City of Orange and the City of Orange Police Association
effective March 1,2001 through February 29, 2004.
Councilman Slater complimented the Fire and Police union representatives for their
leadership during the recent contract negotiations. The Police contracts will help to
recruit and retain quality personnel.
Stephen Pham, Personnel Director, commented the City has negotiated with the Police
and Fire Associations a multi year contract which will allow the City to become more
competitive with other cities and retain quality employees. He thanked the Personnel
staff, and especially Mike Harary, Sr. Personnel Analyst, for their assistance during this
time.
Rich Alarcon, President, Fire Association, thanked the City Council and the Personnel
Director for their efforts during the negotiation process. Their goal is always to provide
the best service possible to the City of Orange and this contract will help them to remain
competitive with other cities.
Steve Booze, President, Police Association, also thanked the City Council and City
Manager for their leadership, especially during this negotiation process.
The City Council recognized the efforts of Stephen Pham, Personnel Director, who has
done a superb job during the negotiations, especially while battling a serious illness.
They thanked the Police and Fire Associations and pointed out the many Police and Fire
personnel in the audience, noting the citizens of Orange should feel secure knowing we
have such fine safety personnel.
MOTION - Slater SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Resolution No. 9356.PAGE 6
CITY COUNCIL MINUTES November 28, 2000
3. CONSENT CALENDAR (Continued)
REMOVED AND.HEARD SEPARATELY)
3.14 RESOLUTION NO. 9357 C2500.J.4.2.1
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding Between the City of Orange and the City of Orange Police Management
Association effective March 1, 2001 through February 29,2004.
MOTION - Slater SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Resolution No. 9357.3.15 RESOLUTION
NO. 9358 C2500.J.4.3 A Resolution of
the City Council of the City of Orange Establishing a Letter of Understanding Between the
City of Orange and the Orange City Fire Fighters, Local 2348, International Association
of Fire Fighters, AFL-CIO effective March I, 2001 through February
29, 2004.ACTION: Approved.
3.16
RESOLUTION NO. 9359 C2500.J.4.3.A Resolution
of the City Council of the City of Orange Establishing a Letter of Understanding Between
the City of Orange and the Orange Fire Management Association effective
March I, 2001 through February 29,2004.ACTION: Approved.
3.17
RESOLUTION NO. 9360 TlI00.0.2 A Resolution
of the City Council of the City of Orange ratifYing execution of documents related to
the City of Orange Community Facilities District No. 91-2 (Serrano Heights Public
Improvements).ACTION:
Approved.3.
18 RESOLUTION NO. 9361 A2100.0 AGR-3637
Resolution of the City Council of the City of Orange approving and authorizing the
execution of a Cooperation and Reimbursement Agreement by and between the City of
Orange and the Orange Redevelopment Agency for the upgrading of SR-55
freeway landscaping at the Lincoln, Katella, and Chapman
interchanges.PAGE
CITY COUNCIL MINUTES November 28, 2000
3. CONSENT CALENDAR (Continued)
Mayor Coontz indicated the Council has worked diligently to improve the landscaping
along the SR-55
Freeway.ACTION:
Approved.3.19 RESOLUTION NO. 9362 A2100.0
AGR-3638 Resolution of the City Council of the City of Orange approving and
authorizing the execution of a Cooperation and Reimbursement Agreement by and between the
City of Orange and the Orange Redevelopment Agency for the rehabilitation of a portion
of
Taft Avenue.
ACTION: Approved.3.20 RESOLUTION NO. 9363 A2100.
0 AGR-3639 Resolution of the City Council of the City of Orange approving
and authorizing the execution of a Cooperation and Reimbursement Agreement by and between
the City of Orange and the Orange Redevelopment Agency for the rehabilitation
of certain streets within the Southwest
Redevelopment Project
Area.ACTION: Approved.3.21 RESOLUTION NO. 9364
A2100.0 AGR-3640 Resolution of the City of Orange approving and authorizing
the execution of a Cooperation and Reimbursement Agreement by and between the City
of Orange and the Orange Redevelopment Agency for the rehabilitation of
certain streets within the
Northwest Redevelopment
Project Area.ACTION: Approved.3.22 RESOLUTION
NO. 9365 C2500.D A Resolution of the City Council of the City of Orange
expressing appreciation to Mayor pro tern Mike Spurgeon and commending him for ten years
of dedicated and outstanding service to
the citizens of Orange.Bob Bennyhoff, 10642 Morada Drive, congratulated Mayor pro
tern Spurgeon on his retirement from the City Council. He has known him for 20 years and
it has always been a pleasure, both personally and professionally,
to work
with him.
CITY COUNCIL MINUTES November 28, 2000
3. CONSENT CALENDAR (Continued)
3.23 RESOLUTION NO. 9366 A2100.0 AGR-
3543 A Resolution of the City Council of the City of Orange finally accepting the
completion of a certain public work
improvement.Bid No. 990-26, Hart
Park Lighting
ACTION: Approved.3.24 RESOLUTION NO. 9367
V1300.0 A Resolution of the City Council of the City of Orange upholding the
recommendation of the Planning Commission and approving a variance to reduce the required
rear yard setback from ten feet to five feet to accommodate a new structure upon
property located at 374
N. Cambridge.Variance 2088-00/
Applicant: Lis
Giusto ACTION: Approved.NOTE: Councilman Slater abstained on this item due to
a business conflict.3.25 RESOLUTION NO.
9368 V1300.0 A Resolution ofthe City Council of the City of Orange upholding
the recommendation of the Planning Commission and approving a Conditional Use Permit
to allow the construction of a new 1-1/2 story structure consisting of an accessory
second unit over a new two-car garage/workshop upon property
located at 374 N. Cambridge.Conditional Use
Permit 2347-
00/Applicant: Lis Giusto ACTION: Approved.NOTE: Councilman Slater abstained on this
item
due
to
a business
conflict.MOTION
SECOND AYES Spurgeon Murphy Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Items 3.13 and 3.14 were removed and heard separately.
Councilman Alvarez abstained on Item 3.6. Councilman Murphy abstained on Item 3.8.
Councilman Slater abstained on Item 3.24 and 3.25. All remaining items listed under the
Consent Calendar were
approved as recommended.END
OF CONSENT
CITY COUNCIL MINUTES November 28, 2000
4. REPORTS FROM MAYOR COONTZ
Mayor Coontz reported on the recent concerns on community care homes in the City, and
pointed out the City has very little say on these homes. Sometimes the City can only make note
of where they are located and perform routine fire inspections. Care homes serve an important
need, but social service agencies need to inform residents when these homes are placed in
neighborhoods. The City Manager was instructed to look into ways in which the City can be
better notified when these homes are located in the City.
5. REPORTS FROM COUNCILMEMBERS - None.6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7. ADMINISTRATIVE
REPORTS 7.1
Report from the Director of Community Development and City Attorney on R-2-
6 zoning within the Low Density General Plan designation in Old Towne. C2300.I
SUMMARY: Prompted in part by concern related to an application to construct a second unit at
475 South Grand Street and possible future similar applications within the R-2-6
zone, residents of the 300 and 400 blocks of South Grand approached the City Council to request a
rezoning of these areas to R-1. The residents also raised the question of whether the existing
R-2-6 zoning is inconsistent with the Low Density General Plan designation for the area.
As this is a recurring issue for development in the residential areas of Old Towne, staff was
directed to work with the neighbors, explore whether an inconsistency exists and report back to
the City Council
at the November 28th meeting.The Director of Community Development reported on a
memorandum from the City Attorney which states that while the R-2 zoning and the Low
Density General Plan designation for the South Grand Street area could be found legally consistent, it
is also problematic. There is an assumption by some homeowners in the R-2 area that
they can develop their property to the maximum density, and an assumption on the part
of other homeowners that only single family residences should be allowed in the Low Density
Residential area. It is these two opposite assumptions that create a problem. Staff is recommending that
a study be initiated for this area and report back to Council. The study will include
the entire Old Towne Historic District as there are a number of blocks with this
inconsistency. These problems are mainly concentrated in the southeast quadrant of Old Towne, but there are a few
blocks in the other quadrants as well.Councilman Alvarez suggested a committee such
as the former Old Towne Steering Committee be initiated to provide input
and assist in these types of efforts.Mayor Coontz agreed with the idea of a committee,
but pointed out the need to resolve membership
problems which existed in the former Committee.The following people spoke in support of a study
for
this area
CITY COUNCIL MINUTES November 28, 2000
7. ADMINISTRATIVE REPORTS (Continued)
Joan Crawford. 394 S. Orange
Joan Newcomb, 429 S. Grand
Tom Matusak, 340 S. Grand
Noel Wilcox, 458 S. Grand
John Goode, 438 S. Grand
Annalisa Goode, 438 S. Grand
Luis Caballero, 487 S. Grand
Mary Matusak, 340 S. Grand
Their concerns included a request for a moratorium on second units until this issue is resolved;
the need to update the Historic Element; and the need to clarity the use of net acreage vs. gross
acreage in calculating zoning.
Mayor Coontz discussed the history of this area, how it has changed over the years, and the need
to look at the entire area very carefully. There needs to be a clarification of the time line for this
proposed study, the exact geographical area being studied and exactly what the staff will be
studying. The gross vs. net acreage issue also needs to be resolved.
The City Attorney pointed out that most planners use gross acreage when determining zoning
classifications, but the General Plan refers to net acreage, which is an issue that will be reviewed.
MOTION
SECOND
AYES
Mayor Coontz Alvarez
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to direct
staff to report on how they will initiate a zone change study and General Plan study within the
Old Towne Historic District that includes all the properties which are designated Low Density Residential
and are zoned R-2, returning to Council on December 12, 2000. To also include
all residential properties and a potential of a building moratorium for the 300 and 400 blocks
of south Grand Street.8. REPORTS
FROM CITY MANAGER 8.1
Report Regarding Proposed Changes to the Final Phase of Construction to the Theo Lacy Jail
Expansion OC1300.J SUMMARY: In
April 1991, the City and County of Orange entered into a Memorandum of Understanding (MOU)
regarding the expansion plans for the Theo Lacy Jail facility.Subsequently, an
amendment to the MOU was adopted by both parties in April 1998 that addressed the
future extension of Metropolitan Drive through the Manchester complex and the adjacent Orange
County Flood Control District property. Design and construction began on the site in
1996. The Sheriff's Department is amending portions of the final phase of construction,which will
be presented to the Board of Supervisors at their meeting of December 5,2000.NOTE: Mayor
pro tem Spurgeon excused himself from this discussion due to an employment conflict and
left the dais.PAGE 11
CITY COUNCIL MINUTES November 28, 2000
8. REPORTS FROM CITY MANAGER (Continued)
The City Manager reported the amendment to the MOU will not result in any additional inmates
at the jail, and will eliminate one of the proposed buildings which will improve the appearance of
the facility.
In response to Council questions, the Director of Public Works reported Metropolitan Drive is on
the General Plan as a roadway to be extended easterly across the jail site and then northerly
along the Santa Ana River tying into Walnut. This has been a long standing proposal. The
MOU provided for a reservation of this right-of-way with the City having first right of
refusal for acquisition at the time certain parcels were acquired for jail expansion. There is
still an obligation improvement that could be imposed with a development proposal,
for those improvements that would be necessary to serve the adjacent property if a nexus
could be established. The City has agreed to pay for the rights-of-way for the project
if this were
pursued.MOTION - Slater
SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz,
Alvarez ABSENT - Spurgeon
Moved to receive and file the report; and support the Sheriffs Department's proposed
amendments to the Theo Lacy/Manchester Facility site plan contingent on the County continuing
to abide by the terms of the Theo Lacy MOU.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 22-00 (SECOND READING)ZI500.
0 An Ordinance of the City Council of the City of Orange amending Title 17 of the
Orange Municipal Code and approving the pre-zoning of property located between Jamboree
Road and the Eastern Transportation Corridor, south of Irvine Regional Park, currently
in unincorporated territory within Orange's Sphere of Influence and the re-zoning of property
located west of Jamboree Road, north
of Chapman Avenue.Zone Change and
Pre-Zone Change
1204-00 Ordinance Amendment 22-00 Applicant:
The Irvine Company,
Santiago Hills II
MOTION - Slater SECOND - Spurgeon AYES - Slater, Mayor
Coontz, Spurgeon, Alvarez
ABSTAINED - Murphy Moved that Ordinance No. 22-00 be read by title only and same
was approved and adopted by
the preceding
CITY COUNCIL MINUTES November 28, 2000
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 23-00 (FIRST READING)A2500.
0 An Ordinance of the City Council of the City of Orange amending Section17.30.020 of
the Municipal Code of the City of Orange relating to locational requirements for adult
enterprises.MOTION - Murphy
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 23-00 be read by title only and same was set for second reading by the
preceding vote.9.
3 ORDINANCE NO. 24-00 (FIRST READING)ZI500.0
An Ordinance of the City Council of the City of Orange approving a pre-zone change request
to allow the reclassification of property located on the west side of Meads Avenue,
approximately 400 feet south of Santiago Canyon Road, from the County E4-l to the City
R-I-40 zone.Zone Change
1207-00, Applicant:
Muskoka Development MOTION -
Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarez Moved that Ordinance No. 24-00 be read by title only and same was set for
second reading by
the preceding vote.10. RECESS TO THE MEETING OF THE
ORANGE REDEVELOPMENT AGENCY 11. RECESS
TO CLOSED SESSION The City Council recessed at 6:18 to a Closed Session for
the following purposes:a. Conference with Real Property Negotiator pursuant to
Government Code
Section 54956.8:Property: Parcel located at NW corner of
Spring and McPherson Negotiating Parties: Union Pacific Railroad and
City of Orange Under Negotiation: Price and
Terms of Payment NOTE: Item b was not discussed
in Closed Session b. Conference with Labor Negotiator pursuant to Government Code
Section 54957.6:City Negotiator: Personnel
Director Steven Pham Employee Organizations
Fire and Police c. Conference with Legal
Counsel- anticipated litigation:Initiation of litigation pursuant to Government Code Section 54956.9(
c) (one potential
case Cox
CITY COUNCIL MINUTES November 28, 2000
11. RECESSED TO CLOSED SESSION (Continued)
d. To consider and take possible action upon such other matters as are orally announced by
the City Attorney, City Manager, or City Council prior to such recess unless the motion
to recess indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Sue Craig, 3402 E. Vine, expressed concern about limited resources with new development, and
asked how to obtain information on land use issues. The Director of Community Development
was instructed to contact her.
Jeannie Wronski, 3124 Larkstone, spoke in support of Carolyn Cavecche for appointment to the
upcoming vacant Council seat.
13.PUBLIC HEARINGS TAPE 3600
13.1 GENERAL PLAN AMENDMENT NO. 3-00, ZONE CHANGE NO.
1205-00,CONDITIONAL USE PERMIT NO. 2339-00,
VARIANCE NO. 2089-00,NIEUPOINTE ENTERPRISES/
BARRY COTTLE: ZI500.0 The public hearing on petition by Neiupointe Enterprises/Barry
A. Cottle requesting General Plan Amendment No. 3-00 to redesignate 8.05 acres to
GC (General Commercial) from R-O Recreation-OpenSpace); Zone Change No. 1205-
00 to reclassif'y property located north of Chapman A venue and Chapman General
Hospital, east of Santiago Creek to C-l (LimitedBusiness) from R -0 (Recreation-Open
Space) and to reclassif'y property located at the southeast corner of the intersection of Handy
Street and Palm Avenue, west of Santiago Creek to R-I-6 Residential, Single
Family, minimum lot size 6,000 sq. ft.) from R-O; (Recreation Space);Conditional
Use Permit No. 2339-00 to allow a mini-storage facility on property zoned C-l;and
Variance No. 2089-00 to allow the perimeter wall of the mini storage facility to have a maximum height
of 8 feet 6 inches, 2 feet 6 inches taller than the 6 foot maximum
permitted
by the Zoning Ordinance was continued to this time from September 26,
2000 and
October 24,2000.NOTE: Negative Declaration 1642-00 was prepared to evaluate the
environmental impacts of this project.The Director of Community Development reported there are two parcels included in this proposal -
an eight acre parcel on the east side of the Santiago Creek Channel and a smaller half
acre parcel to the west. There are also four main parts of this application,
which include the following: 1) A General Plan Amendment to change the larger parcel from
Low Density Residential to General Commercial. She pointed out that each Element of the General Plan is
allowed four amendments per year. This amendment would be the third for this year. 2)
A Zone Change to change the zoning for the larger parcel from Recreational Open space to
Limited Commercial
CITY COUNCIL MINUTES November 28, 2000
13. PUBLIC HEARINGS (Continued)
Residential. Staff looked at this parcel for a potential park site or recreational use, and
determined it would not be conducive to an active park due to the unusual configuration and the
expense necessary for remediation of the soil. 3) A Conditional Use Permit to allow a mini
storage facility on the parcel zoned Commercial. This type of facility would include containers
and also a vehicle storage lot. 4) A Variance to allow an 8-1/2 foot perimeter wall.
The Planning Commission is recommending approval of the
application.Councilman Slater asked about the environmental finding included in the Staffreport
regarding the possible intrusion of the development into the Creek Channel and existing riparian
habitat and the subsequent mitigation measure being recommended. The Director of
Community Development reported there are a number of conditions for the development not being able
to intrude the creek channel or the 100 year flood plain area. A biological survey has been done
as part of the environmental review to document where the various plant and animal
communities are within the channel and bank
areas.MAYOR COONTZ OPENED THE PUBLIC
HEARING Barry Cottle, Applicant, 14841 Yorba, Tustin, thanked the Council for the time extensions
they have been granted as it was useful in addressing various issues. He reported this property
is unique given its unusual shape and condition of the soil. Over the last 24 years, there have
been several attempts to develop this property which all included attempts to deal with the
soil problems. They contacted consultants and did an in depth soil study, including trenching 26
feet down and boring 45 feet. This has all been reviewed by the Orange County Solid
Waste Agency, the Local Enforcement Agency (LEA), whose conclusion is that the site is
primarily inert material and the amount of organic material is not significant. There has also been
a question of methane gas on the property. However, the material found on the property is not
the type to generate methane gas. The soil is such that it will not hold compaction,
normal construction or even a great deal of water. Also, the biologist's study stated there were
no sensitive plants or wildlife species observed on the site, and does not see any
development having a significant biological impact to the environment. The approximately 3-1/2
acres within the adjacent Santiago Creek will not be directly affected by the development and will
remain a suitable habitat for plant and
wildlife species.He reported this will be a natural extension to the adjacent Wells Cargo Storage Facility,
and will be managed out of that facility. They intend to keep it neat and clean and maintain a
single story height. Vehicles will enter the facility from the end of Y orba Street through
a gate.He reported the City has asked for, and they have agreed to, an irrevocable dedication of
an 80 foot strip of property for a possible extension of Yorba Street. However, he pointed
out this project does not have any impact on either the Yorba Street extension or whether
the Walnut Street bridge is developed. These projects will or will not occur regardless of this project.
If the City should decide to extend Yorba, they will move any and all facilities to
accommodate it.
CITY COUNCIL MINUTES November 28, 2000
13. PUBLIC HEARINGS (Continued)
He discussed the historical marker plaque at Yorba Park which identifies a Portola expedition
camp site approximately 12 mile to the north, which is not on their property. They support a
bike trail through that area, although the City has not identified the exact location of a trail, and
they intend to maintain the integrity of the Creek and not encroach into it. He pointed out the
Orange County Flood Control District owns 200 feet of property next to this property, which is
the main body of the creek.
The Director of Community Development illustrated details of the project on a map, indicating
locations of the creek, slope, actual distances, Y orba Street dedication area and the configuration
of the property.
In response to Council questions, Mr. Cottle explained they will be required to improve Yorba a
short distance up to the edge of their property; and the time extensions they were previously
granted were necessary to meet with neighbors and address unknown issues. The biggest issue
was the review by the Orange County LEA.
In response to Council questions, the Director of Community Development explained the
applicant is not proposing to encroach into the Creek slope area, so no improvements would be
required of the Applicant. However, if the roadway were to be extended, then they would have
to create an appropriate base for stability along the creek. But this is not being triggered by this
development. Also, the Orange County LEA did review the soil report and concurred the site
had primarily inert material and the amount of organic material was not significant. However,
they are recommending probes be installed along the boundaries to the southeast to determine if
methane gas exists. They don't anticipate finding methane gas, based on the soils report, but
recommend the probes as a safety measure.
The Director of Public Works explained if methane gas was found, the property owner would be
required to initiate a gas recovery system to draw the gas back onto the property, clean it and
discharge it to the atmosphere, all subject to the suitable permits from various regulatory
agencIes.
PUBLIC COMMENTS TAPE 5940
The following person spoke in a neutral position on funding sources for parks:
James Gorham, 1252 Santa Ana,
The City Attorney pointed out that comments need to be focused only on the merits of this
project and not in terms of whether or not the City would want this property for a park.
The following people spoke in opposition to the project:
John Williams, 3423 E. Lambeth Ct. #F
Oz Enderby, 6719 E. Oak Lane
PAGE 16
CITY COUNCIL MINUTES November 28, 2000
13. PUBLIC HEARINGS (Continued)
Sue Craig, 3402 E. Vine
John Pentecost, 2745 Bennett
Allen and Vicki Nauss, 261 N. Malena
Shirley Grindle, 5021 E. Arran
Charles Brautigam Jr. 406 N. Kenwood #C Orange
Vera and Fendt 2747 Bennett
Jim Meyer, P. O. Box 4048, County Regional Trails Committee
Marilyn Moore, 2707 Killingsworth
Paula Hill, 232 N. Wheeler Street, submitted letter
John Moore, 2707 Killingsworth
Doug Langseth, 195 N. Malena
Shalon Trueman, 2720 E. Walnut #32
Marilyn Ganahl, address on file
Sherri Miller,
Mary Killinger, 3738 E. Walnut
Don Brannon, 3726 E. Walnut
Susan Rhodes, 202 N. Wheeler
Bob Siebert, 1308 Fairway Drive
Bob Mackenzie 4449 N. Handy St.
Mike Mackenzie 271 N. Malena Dr.
Arlen Craig, 3402 E. Vine
Council recessed at 9:20 p.m. and reconvened at 9:35 p.m.
Frank Roper, 355 N. Fern,
Tom Anderson, 1392 N. Stallion St.
Roger Young, address on file
Shiron Mackenzie, 4449 Handy
Ted Endres, 1010 River Lane
Steven Smith, 605-C N. Pageant
Dr.Sandy Rickard, 4625 E.
Walnut Julia Jones Ufkes, 20121 E. Clark
St.Bill Bouska, 270 N. Malena, submitted three letters and a petition with approximately
51
signatures.Bia Tiritilli, 825
Clemensen David Sampica, 3134 E. Ruth Place, submitted photographs of creek
area Scott Haiduc, 3134 E.
Ruth Peter Wetzel, 7217 E.
LaCumbre Howard DeCruyenaere, 2417 N. Park, Santa Ana, President, Santiago Creek Greenway
Alliance Patrick Mitchell, 233
LaVeta Tim McCormick, address on
file Jon Dumitru, 860 N. Kathleen #
A Michael Franco, 215 N.
Malena
CITY COUNCIL MINUTES November 28, 2000
13. PUBLIC HEARINGS (Continued)
The following concerns expressed:
need for recreational open space
blocking of views
preservation of natural greenbelt areas
potential noise problems
storage facility belongs in an industrial area
Master Plan of Trails should be completed before decision is made
once zoned commercial, other uses could be developed
possible illegal transactions in storage units
drainage issues
heat generated by pavement and metal containers
already too many storage unit facilities
full environmental assessment should be done
critical link for regional bikeway trail
disturbance of natural habitat
property values will be lowered
flood plain and water runoff issues
campaign promises to secure park land and maintain open space
historical land use and anthropological importance
APPLICANT RESPONSE:
Mr. Cottle addressed concerns as follows:
Access to the half acre parcel will be from Palm Avenue and the zone change will bring it in
conformance with the surrounding neighborhood
Development will be single story so as not to block views
They are the developers ofthe property, not the property owners
The City determines if an EIR or Negative Declaration is required, not the applicant.
The Creek is being left in a natural state; they are not creating concrete channels
The current water flow is 2/3 lower than in 1969 when the 100 year flood occurred.
The level of the property is 15 to 16 feet above the 100 year flood plain.
There will be 4 fire hydrants on the property
The height of the perimeter fence was determined by the Design Review Committee
There will be an on-site
manager The property is zoned Recreation Open space, but designated Low Density Residential in
the General Plan. When a conflict occurs between the zoning and the General Plan, the
General Plan supercedes the
zoning.Because of their distance from the Creek, they are not required to improve the creek
channel.Diane Tanna, T & T Management, addressed concerns regarding the management of the
facility.She stated they have strict contracts which prohibit the storage of hazardous materials.
They require picture IDs of facility users, have cameras at the entrance gates, and work with
State PAGE
CITY COUNCIL MINUTES November 28, 2000
13. PUBLIC HEARINGS (Continued)
criminal prevention agencies to look for potential problems. There will only be approximately
25 to 30 user trips per day into the facility and their hours will be 8:00 a.m. to 6:00 p.m. for the
office and 7:00 a.m. to 7:00 p.m. for the gate.
The Director of Community Development explained why a Negative Declaration was prepared
and not an Environmental Impact Report. The City reviews an initial CEQA checklist to
determine impacts. If it is determined there are no impacts above and beyond those that can be
mitigated by a fairly standard mitigation measure, a negative declaration can be prepared. An
EIR is required only if the initial checklist finds substantial impacts.
THERE BEING NO OTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING. TAPE 2-
4160 Mayor Coontz stated in the history of the City, every decade has generated a different interest -
the most recent interest being sports parks and parks in general. She proposed the sports park
concept years ago which the City has moved ahead with. With regard to the Beazer residential
development, Beazer originally presented a sports park plan for that area, but then decided not to
give property to the City, but instead to the highest bidder. The City was forced to take the
property through eminent domain in order to give the residents what they were promised. She
reported the City is also looking at other parcels which are under currently under negotiation.
With regard to the creek greenway, the City is working on a plan for the entire Santiago Creek,
recreation trails and open space through the Rivers, Trails and Conservation Assistance Program.
This is for the entire creek, not just for this part, and is a very ambitious plan. This will address
trails, the greenway and flooding issues. The Council is moving in the direction of trails and
open space, but suggested they not concentrate just on this parcel alone for open space, but rather
need to look at the entire City. It would be a huge investment to pay for this piece of property
for use as a park. She suggested a compromise to add other issues, such as bikeways.
Councilman Alvarez spoke on the importance of this Creek and how this particular area ties
everything together; and the National Park System's involvement with the Creek Corridor. The
Master Plan of Bikeways needs to be addressed as well as the historical significant of this area.
The threshold for storage units has been met in the City, and stated it would be best for the
community to not support the zone change.
The City Attorney reiterated the fact the Council needs to focus on the merits of the project and
not the potential of this property as a park site.
Councilman Slater stated he appreciated the public's input, especially given the extensions of
this project. In reading the Planning Commission Resolution, he noted a Conditional Use Permit
CUP) for a storage facility must meet certain criteria: 1) The proposal is granted upon sound
principles of land use and in response to services required by the community. There are already
numerous storage facilities in the City and he didn't see a need for an additional one. 2) The
proposal will not cause deterioration of bordering land uses or create special problems for the
area in which the site is located. As a residential realtor, it was his opinion this project will
PAGE 19
CITY COUNCIL MINUTES November 28, 2000
13. PUBLIC HEARINGS (Continued)
cause the deterioration of surrounding property values and, instead, belongs in an industrial area.
It will create special problems, especially with the consideration of methane gas and the potential
for probes being installed next to residential properties. 3) The proposal has been considered in
relationship to its effect on the community or neighborhood plans for the area in which the site is
located. This facility will not have a positive effect. 4) The proposal is made subject to those
conditions necessary to preserve the general welfare, not the individual welfare of any particular
applicant. He noted there have been no speakers in support of this project.
Councilman Slater stated it was reported to him by a Planning Commissioner that the Planning
Commissioner deeply regretted their decision to vote in favor of this project. The Council was
provided a copy of the letter from this Planning Commissioner stating the reasons for this
decision. He also expressed concern about the lack of environmental review, and there should be
aesthetic considerations. One ofthe mitigation measures suggested by the Planning Commission
was that the residents were to be surrounded by an 8-1/2 foot block wall fence. This is
a negative aesthetic consideration. Also, in the Master Plan of Bike Trails, the trail travels
along the Creek and users of the trail would probably rather look at open space or a residential area,
but not a storage facility. This is not conducive to a greenway. Other considerations include
the marker at Yorba Park indicating a possible historic event one half mile from the park;
possible flood problems and an erosion of the creek bank; hydrology issues with eight acres of
asphalt adjoining the creek and runoff of grease and oil from stored RV's. With regard to land
use planning, if this is zoned commercial, a storage facility could be just a temporary use, and in
the future a more intense commercial development could occur. Once it is zoned commercial, it
will never return to any other zone. He is not suggesting the City purchase this property for a
park,but doesn't want it rezoned for commercial facilities. He would like to retain this property
for open space, as this is a mistake that could affect the City for years. He stated the applicant is
an honorable man and has worked on this project for a long time, but a great deal has changed
over the years. Orange is a different City than what it was and we need to look at this project in
the
present.Mayor Coontz indicated there have been numerous fliers with misinformation, and requested
a clarification from staff on the comments made in the letter from the Planning
Commissioner.The Director of Community Development reported on the following
points:1) There was concern whether the potential for a park on this site had been considered by a
Parks Committee. It has been reviewed by the Park Planning and Development Commission
who agreed with Community Services staff that at this time the City not acquire the property due
to the costs of acquisition, soil remediation and inapplicability for active sports use. 2) With
regard to the historical marker, the historic site in question is north of this site, but cart not
be determined exactly. However, the area has already been disturbed from previous use. 3)
This site can not be connected to Rock Creek Park as it is not immediately contiguous. However,
if the railroad property was available and added to the sports park, then this parcel could
provide some additional park development or support to a larger park site. 4) There is no senior
housing proposed for this
site.PAGE
CITY COUNCIL MINUTES November 28, 2000
13. PUBLIC HEARINGS (Continued)
Councilman Murphy asked for clarification on the County plan for bikes and trails. The Director
of Community Development reported this is a plan the City is working on and there is an
assistance grant from the National Park Service. The City is looking at various types of trails
and a greenway and the County also has it on their plan as a greenway. The City is not ready to
identify what the boundaries of the greenway would be or identify where exactly bike trails
would go along the greenway. Yorba Street is on the Master Plan as a study street and the right
of way being dedicated is 80 feet, which could accommodate a bike trail along the roadway. If
the City decides to take the roadway off the Master Plan, there may be a problem in developing
the bikeway. The Applicant would have to be willing to dedicate the property for the trail.
The City Attorney indicated the Applicant would have to make an offer of dedication in order for
the City to accept it. If this development didn't take place, in order to get property for both the
roadway or the trail, the City would have to purchase it.
Councilman Alvarez asked if there is any way to determine the significance of the historical
marker and the site in general, and if it jeopardizes this project.
The Director of Community Development reiterated there is some historic significance but any
impact from this development is questionable. The site is not in its natural condition as it has
already been disturbed by previous use.
Mayor Coontz offered a book entitled, "Historic Place Names in Orange County," as a reference
guide to historic markers.
Councilman Murphy asked about possible future development of this property if it were to be
zoned commercial and the current condition and ownership ofthe creek.
The Director of Community Development reported the process for review of any future
development would depend on the type or amount of development. The soil would probably
have to be remediated, and future development would probably require additional environmental
review through the public hearing process. With regard to ownership of the creek area, there are
several owners, including the Orange County Flood Control District, and any clean up of the
creek may require permits from various agencies, depending on the type of work involved.
Mayor pro tem Spurgeon asked about the possible extension of Y orba and its alignment, and
whether the City can compel the dedication of property from the applicant for a trail or bikeway.
The Director of Public Works reported the exact alignment of an extension has not been
determined. The extension would first depend on the need, and if there is a need, then the
classification of the roadway; but an extension may be problematic from both an economical or
environmental standpoint.
With regard to the dedication of property from the applicant, the City Attorney stated there
would have to be a nexus between this project and the need for a bike trail in order to condition it
as part of an approval. However, if the Applicant chooses to make an offer to the City to use a
PAGE 21
CITY COUNCIL MINUTES November 28, 2000
13. PUBLIC HEARINGS (Continued)
portion of the Yorba right-of-way for a bike trail, the City could accept that offer
of dedication.The current irrevocable dedication of property by this applicant is for street purposes
only. If Y orba were not to be extended, that dedication would be abandoned and returned to
the
property owner.The Council discussed the possibility that the extension of Y orba may not go through,
but there would still be a need for bike or recreation trails. It was determined that approximately
30 feet of right-of-way would be necessary to accommodate both types
of trails. Discussion ensued regarding staging areas and the Caltrans improvements at Santiago
Creek and the SR-55 Freeway. Caltrans did make a provision for a ten foot bench on
the southeasterly side of the Creek, but it is not mandated that it stay on that side. This would
not be determined until some time next year. There is currently no right-of-way on either side
for
a bike lane and/or recreation trail.Mr. Cottle indicated he was aware of the 14 feet necessary for a bike
trail, but not aware of a 30 foot requirement for an additional recreation trail.
They are offering an irrevocable dedication of 80 feet for the roadway, and discussed using
that dedicated property for bike trail purposes.Mayor Coontz discussed the possibility of a staging area for a bike
trail on the west side of the Creek
and also a crossing area. TAPE #3 Mr. Cottle discussed using the west side, hopefully for a limited
time, for a staging area if that would help the trail system work - they would work with staff on
that. But if the City decides not to use it, which is conditioned on the study, it would be released
back to them and if the zoning were to allow, they could then build a
single family home on that parcel.Councilman Slater indicated that since the trail information is new
in terms of exact location for both the bike and recreation trail, the City should be able to leave
the option open to put either both trails on one side or split them between the two
sides. These options should remain open.Anything less than 30 feet on both sides would limit the City's
options. He is opposed to the project; however, ifit should be approved, he would want
the ability to construct the trails.Mr. Cottle indicated they are already making an irrevocable offer of 80
feet on the east side of the Creek, and would offer for a limited time, the lot on the west
side if that would expedite the entire trail system in the area. The City can use the 80 feet on the
east for whatever they want. If the City wants to use all or part of that 80 feet for a trail - they would
not object to that. The City can expand the
purpose of the 80 feet.The City Attorney suggested the 80 feet could be dedicated
for street,
bikeway or recreational trail purposes.Mayor Coontz asked the Applicant if the 80 feet they are
dedicating is irrevocable regardless of how it is used? Mr. Cottle indicated that is correct, whatever the City wants
to do with it. They are making the offer for any use. With regard to the possibility of a staging area
on the
CITY COUNCIL MINUTES November 28, 2000
13. PUBLIC HEARINGS (Continued)
is needed for the trail system, they would offer it but would prefer that it not be forever, but for a
limited time only.
Council discussed the alignment of the dedicated 80 foot right-of-way and the need to
have the trail on the most stable land possible, and not accept land which is at the bottom of the
creek. It was determined that the 80 foot dedication would not allow 30 feet on stable land
above
the creek.Mr. Cottle stated they are willing to have the trail before Y orba goes through. They
have the offer of the irrevocable 80 feet, but if the City would like the trail sooner, they will offer
to give the City now, or to use during that time period, 14 feet now. They could move
everything 14 feet to the east, so none of the 14 feet would be in the creek, but on flat land to use. If
Y orba does go through in the future and those improvements were done, then that would come
out and Yorba would go through. If Yorba was never extended, that 14 foot trail could
stay there forever. That 14 feet could be used for a bike trail or a combination trail. They can not
give 30 feet, only
14 feet.Councilman Slater pointed out this would preclude the recreation trail from ever
going in.Council discussed the fact it is not possible to get a combination of a recreation trail and
a bike trail on the east side of the creek, and discussed the options of putting the trail on the east
or west side of
the creek.The Director of Public Works indicated the reason there are two alignments being
considered, on the east and west sides of the creek, is there are some problems with the east side.
There are structures and obstructions on the east side and a problem with the meandering creek
north of Chapman, which may involve environmental and construction cost issues. It is too
early to determine which alignment is the best without examining all these factors. The west
side does not have the obstructions that the east side has but there is a crossing that would
be required.The construction costs for the west side will most likely be less than the east side.
There would not be a crossing in that area, it would have to take place south of Chapman. Studies
are not definitive enough to make
this determination.Mr. Cottle agreed to offer up to 30 feet of flat area along the top of the slope until Yorba
goes in,with the same terms as discussed. IfYorba were to go in, and it wasn't used, they would
get the property back. They would move everything over 30 feet, but would still have to
comply with emergency regulations, etc. They would eliminate some of the containers, but
the configuration would basically remain the same. The final site plan will have to come back for
staff review.They will make these changes now, and not when the trail is constructed, as they would
not want to put everything in and then have to move
it out.Councilman Murphy asked about the sewer clean out facility in the far east corner of
the project,and the potential impacts for odor with a facility to remove waste products from an
RV, and suggested it
be removed.
CITY COUNCIL MINUTES November 28, 2000
13. PUBLIC HEARINGS (Continued)
Mr. Cottle agreed to remove it or move it away from the adjacent residential area.
MOTION - Alvarez SECOND -
Slater AYES - Slater,
Alvarez NOES - Murphy, Mayor
Coontz, Spurgeon Moved to deny Negative
Declaration 1642-00 based upon the evidence that the project will have the potential for
significant impacts on the environment and wildlife resources.MOTION DIED.MOTION -
Murphy SECOND -
Spurgeon AYES - Murphy,
Mayor Coontz, Spurgeon
NOES - Slater, Alvarez Moved to approve
Negative Declaration 1642-00
with the finding that proper mitigation has been put into place to facilitate
the project, in that it will not have a significant impact on the environment or wildlife resources.MOTION CARRIED.
MOTION - Alvarez SECOND - Slater
AYES - Slater,
Alvarez NOES - Murphy,
Mayor Coontz, Spurgeon
Moved to deny General
Plan Amendment No. 3-00 as
outlined III Planning Commission Resolution No. PC-51-00.MOTION DIED.MOTION - Mayor
Coontz SECOND - Spurgeon
AYES - Murphy,
Mayor Coontz, Spurgeon NOES -
Slater, Alvarez Moved
to approveGeneral Plan Amendment No.
3-00 as outlined
in Planning Commission Resolution No. PC-5l-00.MOTION CARRIED.PAGE 24
CITY COUNCIL MINUTES November 28, 2000
13. PUBLIC HEARINGS (Continued)
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Mayor Coontz, Spurgeon NOES - Slater, Alvarez
Moved to approve Zone
Change No. 1205-00 as outlined in Planning Commission Resolution No. PC-52-
00.MOTION
CARRIED.MOTION -
Slater SECOND - Alvarez
AYES - Slater, Alvarez
NOES - Murphy, Mayor Coontz,
Alvarez Moved to deny Conditional Use
Permit No. 2339-00, as outlined in Planning Commission Resolution No. PC-53-
00 as this project does not meet the requirements for a Conditional Use Permit for
the reasons as stated previously for the record by Councilman Slater.MOTION DIED.
MOTION - Spurgeon
SECOND - Murphy AYES -
Murphy, MayorCoontz,
Spurgeon NOES - Slater, Alvarez Moved to
approve Conditional Use Permit
No. 2339-00 as outlined in Planning Commission Resolution No. PC-53-00
with conditions discussed, including the dedication of 30 feet on the top of the
slope for trails, the option of dedication on the other side should that trail be the option and deletion of
the sewer clean out facility.MOTION CARRIED.MOTION -
Spurgeon SECOND -
Mayor Coontz
AYES - Murphy, Mayor Coontz,
Spurgeon NOES - Slater, Alvarez Moved to
approve Variance No. 2089-
00 as outlined in Planning Commission Resolution No.PC-54-00.MOTION CARRIED.
PAGE
25
CITY COUNCIL MINUTES November 28, 2000
13. PUBLIC HEARINGS (Continued)
13.2 TRASH COLLECTION FEES
TAPE 3 - 8570 C2500.
M.l Time
set for a public hearing to consider the adoption of specified fees for trash collection and approval
of Resolution No. 9352 approving the annual revision of solid waste service charges.The
City Council, on April 27, 1999, approved a contract agreement between the City of Orange and
Waste Management of Orange County. Said agreement allows Waste Management to submit
an annual rate adjustment request based on defined, relevant economic factors including changes
in the producer price index and landfill-tipping fee. Staffreviewed and verified the rate
adjustment request. Resolution No. 9352 lists all proposed rates.
The Director of Public Works reported this rate adjustment will become effective January I,
2001 and is the first year adjustment in a ten year contract. There is no increase in the tipping
fee, and the overall increase in gross rates is approximately 3.2% for residential and 3.8% for bin
rates. Compared to other cities, Orange is the second lowest for residential rates and the 9th
lowest for commercial rates.
MAYOR COONTZ OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 9352
A Resolution of the City Council of the City of Orange approving the annual revision of charges
for solid waste collection and disposal services.
MOTION - Alvarez SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt
Resolution No. 9352.13.3 GENERAL
PLAN AMENDMENT 5-00, NEGATIVE DECLARATION 1654-00,BIKEWAYS
MASTER PLAN UPDATE: C2300.H Time
set for a public hearing on petition by the City of Orange to consider General Plan Amendment
5-00 to update the City's existing 1995 Bikeways Master Plan. Key changes in the
revised document include: identification of bike routes constructed since 1995, bike lane/route
construction costs, graphics and available funding sources for bikeways improvements; the
establishment of criteria to be used in the prioritization of bikeway construction; and the
expansion of community and employer outreach programs.
NOTE: Negative Declaration 1654-00 has been prepared for this
project.PAGE
CITY COUNCIL MINUTES November 28, 2000
13. PUBLIC HEARINGS (Continued)
The Director of Community Development reported the 1995 Bikeways Master Plan needs to be
brought up to date in order to qualify for state grant funding, and there are no significant changes
in either adding or deleting bikeways.
MAYOR COONTZ OPENED THE PUBLIC HEARING
Roy Shehbazian, 3803 E. Palm, thanked the Council for their commitment to bikeways and
subsequent funding, and hoped that progress will continue to be made on this plan in achieving
the goals and objectives. He also stressed the importance of an outreach program to the
community and employers to encourage bicycle commuting.
MOTION - Slater SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Negative Declaration 1654-00 with the finding that there is no substantial evidence that
the project will have a significant effect on the environment.MOTION - Slater
SECOND - Murphy AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve General Plan
Amendment 5-00 as outlined III Planning Commission Resolution No. PC 70-
00.14. PLANNING AND
ENVIRONMENT - None.15. ADJOURNMENT MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez The City Council adjourned at 12:45
a.m. to an Adjourned Regular Meeting on December 5,2000,7:00 p.m. for the
City Council Oath of Office Ceremony.Cu~~~w~x CASSANDRA J tATHCART, CMC
CITY CLERK JOANNE
COONTZ MAYOR PAGE 27