HomeMy WebLinkAbout8_8_2000 - Council MinutesAPPROVED BY CITY COUNCIL ON AUGUST 22, 2000CITYCOUNCILMINUTES
ORANGE, CALIFORNIAOFAREGULARMEETING
August 8, 2000
The City Council of the City of Orange, California convened on August 8, 2000 at 4:30 p.m. in aRegularMeetingintheCouncilChambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Harry Thomas, Director of Public Works
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Alvarez
1.3 ROLL CALL
PRESENT - Murphy, Slater, Spurgeon, Alvarez ABSENT -
Mayor Coontz (arrived at 7:00 p.m.)1.3
PRESENTA TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Richard Eichenbaum,
Vice-President and General Manager of The Block at Orange was introduced.Mayor
pro tern Spurgeon announced:The
Annual Unity in the Community Rally/BBQ luncheon at the Friendly Center washeldonAugust5, 2000.The
last of the Concert in the Park series will be held August 9, 2000, featuring theHodads, a pop rock group.The
Orange Art Association will hold an all media juried art exhibition at ChapmanUniversity's Guggenheim Gallery through August 19th.The
2001 Miss Orange Pageant will be held on Saturday, August 19,2000,7:30 p.m. at Chapman University.2.
PUBLIC COMMENTS Carole
Walters (address on file) thanked the City for taking out the Poplar tree on her street; and reportedtheOrangeEmblemClubhasbeenreceivingbreaddonatedbytheVonsStoresanddistributingittovariouscharitiesinOrange.PAGEl
CITY COUNCIL MINUTES
August 8, 2000
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motionapprovingtherecommendedactionlistedontheAgenda. Any member of the CityCouncil, staff or the public may request an item be removed from the Consent Calendarfordiscussionorseparateaction. 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 CouncilagendaofaregularmeetingofAugust8, 2000 at Orange Civic Center, MainLibraryat101N. Center Street, Police facility at 1107 North Batavia, theEisenhowerParkBulletinBoard, and summarized on Time-Warner Communications, all of said locations being in the City of Orange andfreelyaccessibletomembersofthepublicatleast72hoursbeforecommencementofsaidregular
meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention asapublicrecordintheOfficeoftheCity
Clerk.3.2 Request Council Confirmation of warrant registers dated July 20, 25 and 27,
2000.ACTION:
Approved.3.3 Request approval of City Council Minutes, Regular Meeting, July 25, 2000, and Adjourned Regular Meeting July 25,
2000.ACTION:
Approved.3.4 Consideration to waive reading in full of all ordinances on the
Agenda.ACTION:
Approved.
AGREEMENTS 3.5 Truancy Learning Center Agreement between the City of Orange, OrangeUnifiedSchoolDistrictandOrangeCountyYouthandFamilyServices.A21 00.0 AGR 2470.
D)SUMMARY: On December 28,1998, the Orange Police Department, OrangeUnifiedSchoolDistrict, and Orange County Youth and Family Services (OCYFS) entered intoanAgreementfortheoperationoftheTruancyLearningCenter, located at RichlandHighSchool. Services provided by OCYFS include: tutoring; tobacco education/intervention;counseling; crisis intervention; and case management for students living in or enrolledinschoolslocatedintheCityofOrangeandtheirfamilies. The District approvedthecontractrenewalwithOCYFSatitsJune7, 2000 Board
meeting.PAGE
CITY COUNCIL MINUTES
August 8, 2000
3. CONSENT CALENDAR (Continued)
ACTION: Approved the Truancy Learning Center Program Agreement between theCityofOrange, Orange Unified School District and Orange County Youth and FamilyServicesintheamountof $30,000; and authorized the Mayor and the City Clerk to
execute the Agreement on behalf of the City.
FISCAL IMPACT: There are sufficient funds budgeted for Fiscal Year 2000-2001inAccountNumber100-4032-427800 (General
Fund-Gangs-Other Contractual Services).3.6 Consultant Agreement for acquisition
services. (A2l00.0 AGR 3587)SUMMARY: A Consultant Agreement to employParagonPartnersLTD. to perform acquisition services for properties
located on West Chapman Avenue.ACTION: Authorized the City Manager toexecuteaConsultantAgreementwithParagonPartners, LTD. for acquisition services not toexceed $32,550, covering parcels on West Chapman Avenue between
Main Street and Flower Street.FISCAL IMPACT: Funds are availableinFundNo. 550-5011-483300-4038,
Chapman Avenue Widening - 57 Freeway to
Main.REMOVED AND HEARD SEPARA TEL Y)3.7 Purchase ofHortonModularAmbulances
through a cooperative purchasing agreement. (C2500.H)SUMMARY: A request toauthorizepurchaseofthreeHortonModularAmbulancesthroughacooperativepurchasing
agreement in the amount of$355,16I.Councilman Alvarez asked for clarification onwheretheAmbulanceswillbeused. The City Manager reported these vehiclesarereplacementvehiclesusedbytheFire
Department as part
of the Transport
Program.MOTION - Murphy SECOND - Alvarez AYES -
Murphy, Slater, Spurgeon, Alvarez
ABSENT - Mayor Coontz ACTION: Authorized purchase of three Horton ModularAmbulancesfromLeaderIndustriesintheamountof$355,161 and authorized the Mayor and City
Clerk to execute on behalf
of the City.FISCAL IMPACT: Funds are budgeted and available inAccountNo. 720-
5023-472102,
CITY COUNCIL MINUTES August 8, 2000
3. CONSENT CALENDAR (Continued)
3.8 First Amendment to the Attorney Services Agreement with the law firm of Liebert
Cassidy. This firm represents the City in various safety personnel matters.
A2l00.0 AGR 1042.N.I)
SUMMARY: The City is currently utilizing the Law Offices of Liebert Cassidy. The
current agreement expired June 30, 2000, but several litigation matters are on going and
require Liebert Cassidy's services.
ACTION: Approved and authorized the Mayor and the City Clerk to execute the First
Amendment to Agreement with Liebert Cassidy on behalf of the City for an amount not
to exceed $100,000 with a new term set to expire on June 30, 2002.
FISCAL IMPACT: Sufficient funds are available in Personnel Legal Services Account
No. 100-
0301-
426100-9865.BIDS 3.9 Project D-133 - Approval of plans and specifications and
request for authorization to advertise for bids for the Featherhill Subdrain Project north
of Meats Avenue.
C2500.M.17)SUMMARY: Plans and specifications have been completed for
the Featherhill Subdrain Project north of Meats Avenue. The project is ready to be advertised
for bids. The estimated construction cost is $
180,000.00 ACTION: Approved plans and specifications and authorized advertising for
bids for the Featherhill Subdrain Project north
of Meats Avenue.FISCAL IMPACT: Funds are budgeted and available in
the Capital Improvement Program in the following account: 530-5011-
483400-5105 $200,000 (Drainage Districts).3.10 Proposal to approve plans and specifications,
and authorize advertsising for bids for the construction
of Reservoir lOA (W-593). (C2500.P)SUMMARY: The proposed ReservoirlOAwillsupplythedevelopingSerranoHeightsresidentialcommunityintheNortheastHillsideportion
of the City with a potable water
supply for domestic and fire protection purposes.ACTION: Approved plans and specifications
and authorized bids
for the construction of Reservoir lOA (W-593).FISCAL IMPACT: Funding
for this project is available in Account: 601-8041-
484201-8318,
CITY COUNCIL MINUTES August 8, 2000
3. CONSENT CALENDAR (Continued)
3.11 A proposal to approve plans and specifications and authorize advertising for bidsfortheSeismicStrengtheningoftheWaterDepartmentpumphousebuildings.C2500.P)
SUMMARY: The Water Department Pump House Building at 189 S. Water Street hasbeenidentifiedasrequiringaseismicstructuralretrofitwhichwillstrengthenthebuildingtocurrentseismicstandards.
ACTION: Approved plans and specifications and authorized bids for the seismic
strengthening of the Water Department Pump House Building.
FISCAL IMPACT: Funding for this project is available in FY 2000/01 Budget inAccountNo. 601-8041-481200-8211, Water Plant Building Seismic
Retrofit in the amount of $254,012. The Federal Emergency ManagementAgencythroughtheGovernor's Office of Emergency Services has agreed to reimburse theCityupto150,915 at the completion
of
the project.CLAIMS 3.12 The City Attorney recommends that the Orange City CouncildenythefollowingClaim(s) for
damages: (C3200.0)
a. Craig Brown
b. Donald Haysbert
c. Nancy Rutz d.
USAA/Sandra Georgi
e. Eric Linder
f. Daniel Langford ACTION: Denied Claims for damages and referred to City
Attorney
and Adjuster.CONTRACTS 3.13 Amendment No. 2 to the Contract AGR-3096installationoftrafficstriping,pavement markings and raised pavement markers atvariouslocationswithintheCityofOrange, Bid No. 978-50. (
A2100.0 AGR 3096.2)SUMMARY: Paving Contractors, Inc. was awarded a contractonacompetitivebasisfortrafficstripingfortheCityinOctober, 1998. The contract
allows for annual renewals for up to two (2) years based on mutual agreement. It is proposedtorenewthecontractforFY2000-2001 in an
amount not
CITY COUNCIL MINUTES August 8, 2000
3. CONSENT CALENDAR (Continued)
ACTION: Approved Amendment No.2 to Contract AGR-3096 in an amount not
to exceed $100,000 for installation of traffic striping, pavement markings and
raised pavement markers at various locations within the City of Orange and authorized
the Mayor and City Clerk to execute the amendment on behalf of the
City.FISCAL IMPACT: Funds in the amount of $100,000.00 for this contract
were appropriated for the 2000/200 I fiscal year and are available utilizing Gas Tax
Exchange Funds in the Contractual Services Account No.
273-
5032-427100.RESOLUTIONS 3.14 RESOLUTION NO. 9304 (A2500.0
Conflict of Interest)A Resolution of the City Council of the City of Orange Revising
the Conflict ofInterest Code for the
City of
Orange.ACTION: Approved.3.15 RESOLUTION NO. 9320 (
C2500.H.2)A Resolution of the City Council of the City of Orange declaring weeds
a public nuisance and
initiating abatement
proceedings.ACTION: Approved.3.16 RESOLUTION NO. 9321 (A2100.
0 AGR 3460)A Resolution of the City Council of the City of Orange finally
accepting the completion of a certain public work and improvement; SP 3305; IT
Corporation; Landfill Gas Extraction System Installation and Flow Test at the site of the former
Yorba Landfill and termination of
Declaration of
Emergency.ACTION: Approved.3.17 RESOLUTION NO. 9319 (S4000.
S.3.7)A Resolution of the City Council of the City of Orange requesting
the Orange County Transportation Authority to allocate combined transportation
program funds for acquisition of right-of-way for the La Veta
Avenue widening (Project No. 97-0RNG-1124)
between Main
Street and
CITY COUNCIL MINUTES
August 8, 2000
3. CONSENT CALENDAR (Continued)
3.18 RESOLUTION NO. 9317 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing a portion ofSpringStreetbetweenProspectStreetandSeranadoStreetfrom6:00 a.m. to 12:00MidnightonSaturday, September 30, 2000 for a Special Event.
Special Event: Orange High School Panther Guard band, dance and color guard fieldtournamentatFredKellyStadiumonSeptember30, 2000, street closure is from 6:00 amto12:00 Midnight.
ACTION: Approved.
TRAFFIC ISSUES
3.19 Adoption of a 35 MPH speed zone on Skylark Place between Canyon View AvenueandNewportBoulevard. (S4000.S.3.4)
SUMMARY: In response to concerns from area residents regarding traffic speeds onSkylarkPlace, and following a recommendation from the Orange Police Department, it isrecommendedthataspeedlimitzonebasedonanengineeringsurveybeestablishedonSkylarkPlacebetweenCanyonViewAvenueandNewportBoulevard.
ACTION: Approved the adoption of a 35 MPH speed zone on Skylark Place betweenCanyonViewAvenueandNewportBoulevard, and directed the City Attorney to prepareanamendmenttoSection10.14.050 of the Orange Municipal Code.
FISCAL IMPACT: Funds for this type of work are provided in the department's norn1aloperatingbudgetutilizingGeneralFundsinthe100-5032-427100 (
Contractual
Services)
account.
MOTION
SECOND
AYES ABSENT
Murphy Alvarez
Murphy, Slater, Spurgeon, Alvarez Mayor
Coontz Item 3.
7 was removed and heard separately. The remainder of the Consent Calendar was approved asrecommended.END OF
CONSENT CALENDAR PAGE 7
CITY COUNCIL MINUTES August 8, 2000
4. REPORTS FROM MAYOR COONTZ - None 5.
REPORTS FROM COUNCILMEMBERS TAPE 320 5.
1 Councilman Alvarez - Report by the City Attorney on Term Limits. (A2500.0)Councilman Alvarez
distributed a copy of a web page (www. term limits.org) as an addition to the Staff
Report. This gives a great deal of information on term limits, not only in California, but throughout the
country.Councilman Alvarez
asked for this to be placed on the Agenda to eliminate some confusion due to the
fact that the City has term limits and yet the Mayor is choosing to run for City Council after serving
14 consecutive years on the Council. The City's term limit law states term limits are 14
years - two 4-yearterms as Council and three 2-year terms as Mayor.Councilman
Alvarez, giving a brief history of term limits in Orange, stated in 1992, Councilman Spurgeon
was promoting the passage of an advisory vote for term limits. The Council was recently
given an audio tape of that particular meeting. Councilman Alvarez reviewed the tapes which
was a meeting at where Mayor Coontz and Councilman Spurgeon were present. (He noted
it was very nice listening to then Mayor Gene Beyer on the tape).In
1996, this matter was brought back to the Council, spearheaded again by Councilman Spurgeon,
and placed on the ballot a second time. In 1992 it was clear, from listening to the tape of
the City Council at that time, the citizens of Orange were ready to vote for term limits.Essentially,
that's what took place in 1992. However, the difference between 1992 and 1996, is that
in 1996 it became a City Ordinance.In
listening to the tape, he noted then Councilmember Joanne Coontz stated that even though it was
an advisory law, often times there are Councilmembers that will follow. Her comment was that
advisory term limits either have the support or non-support of the Councilmembers, it's
really up to them.
Councilman Alvarez stated basically it was the intent of the citizenry to make a law which was
brought forth by Councilman Spurgeon to have term limits. It is important that everyone elected
to this position honor an integrity in holding this seat. One of the things that holds that honor is
the reliability of our words - if we tell people we are going to do something, then we need to follow
up. This Council has a history of doing that. Concerning the intent, for the Council, it is about
setting an example. Based on that, and based on the fact that Mayor Coontz has met the conditions
of term limits, it is really her integrity, honor and reliability of her word whether she is
going to honor what she voted for, along with everybody else, in 1992. It's time all Councilmembers
understand that we need to follow votes - whether advisoryor not.No matter
when the time clock started on terms, he intends to follow the term limit law - which is two4-
year terms as Council and three 2-year terms as Mayor.PAGE
8
CITY COUNCIL MINUTES
August 8, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilman Slater clarified that voters could not make it more than an advisory vote in 1992becauseatthetimethelegislaturesaidGeneralLawcitiescouldnotdothat. That is why MayorprotemSpurgeonplaceditbackontheballotanditwasvotedontwice. There is the letter of thelawandthespiritofthelaw. He suggested Councilman Alvarez's point seems to be that theCouncilshouldfollowthespiritofthelawbecausetheletterofthelawstatesthatthetermsofthememberswhowereontheCouncilwhenitwasadoptedorwhenitwasanadvisoryvotedonotcount. The terms legally started after the vote in 1996. He agreed with Councilman Alvarezthattheyknowwhattheintentofthecitizenrywasandthecitizen's views need to be taken intoconsiderationandnotignored.
Councilman Murphy noted the issue being raised is that while the advisory vote came in 1992,the vote that became legal was in 1996, and both of them said essentially the same thing.However, from a legal standpoint each individual has to make an individual decision on whichofficetheywanttorunfor. From a personal perspective, he would look at it from an advisoryperspectiveandlookatthespiritofthings. But from a legal perspective, each individual canmaketheirownchoice. The ultimate decision makers are the voters in November. He wasuncomfortablewithMayorCoontznotbeingpresentduringadiscussionthatincludedher. Hesuggestedthatsincethenextthreemonthswillbehighlypoliticalinnature, as severalCouncilmembersarerunningforoffice, that despite how aggressive the politics are in theelectioncycles, the Council needs to stay focused on the issues of the business side and let thepoliticalissuesgetdecidedoutsidethedais. The residents expect them to conduct the businessoftheCity.
Councilman Alvarez reiterated they have to look at the spirit of the law. The public expects theCounciltoholdtotermlimits. However it doesn't appear they are if you look at whenCouncilmemberstookofficebeforethislawbecameeffective. Councilmembers need to holdthemselvesaccountableandupholdtheirintegritywiththetermlimitlaw. He wanted to clarifythatlegallytheycanpursuewhattheirtermlimitsstatebuthavetobalancethatbetweenwhatislegallyrightandmorallyright. That is a question that only they can answer individually.
Assistant City Attorney Mary Binning clarified that while there are differences in policies andapproachestopoliticsitisbesttoleaveitoutside. Any argument which may attempt to possiblyconvincesomebodytovotefororagainstaCouncilmemberisinappropriatefortheCouncilChambers.
Mayor pro tem Spurgeon commented he is looking forward to the next three months. ThisCouncilhasbeentogetherforthepastfouryearsandhavebeenthroughsomeverytough issuesbuthaveneverputthemonapersonallevel. He suggested they retain their dignity and stayfocusedontheissuesandnotplacethemonapersonalbasis.
Carole Walters (address on file) agreed this is an issue for the residents to decide and asked theCouncillookatthepoliticsthecitizensencountereveryday. She asked that the Council notdecideonanissuejusttouncoveraloopholelater.
PAGE 9
CITY COUNCIL MINUTES August 8, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
MOTION - Alvarez SECOND -
Murphy A YES -
Murphy, Slater, Spurgeon, Alvarez ABSENT - Mayor Coontz
Moved to receive and
file the report on term limits.5.2 Mayor pro
tem Spurgeon - announcement (C2500.D)TAPE 930 Mayor pro tem Spurgeon announced
the following:Nearly ten years ago, I
was appointed to a vacant seat on the Orange City Council. Times were not good. The state was
in the throes of a recession, city revenues were down, business and real estate sales were down and
we faced a 1991192 budget shortfall that required using an extensive amount of funds from the
city's reserves. Employees were laid off. Public safety coverage was threatened.As a new councilman,
I
wondered "what on earth have I gotten myself into?" Needless to say,there was no honeymoon thefirstsixmonthsofmytenure. All Mayor Beyer had told me at the time were two things. First -
never promise people city jobs, and second - you can't fix tickets.We got through those years with a
city that is now a fine-tuned and streamlined organization.Yes, we did have a few
hiccups along the way, but we overcame them and went on to the next level.Now, ten years later, I
think
the City of Orange is in better condition and able to meet the challenges of the future.There have
been many accomplishments over
this period, including the addition of two major shopping centers and renovation of a
third.Our police and fire departments are
stronger today than they have ever been. The fire department rescue programs are getting our
citizens to the hospitals many minutes faster than the old system. The police department is
reducing crime with their many new community programs combined with good old fashioned traditionalpoliceapproaches.In this city, we have a
police force that would never accept or tolerate a "business as usual"policy allowing the burning of police
cars or businesses being plundered by a group of criminals who decide to take the law
into their own hands. Not in Orange! They know that we have a Council, City Manager and citizens that
support them 100 percent.PAGE 10
CITY COUNCIL MINUTES
August 8, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
Our city employees over the past ten years have endured many hard times but have always comethroughtheirordealsinfineform. Their dedication to professionalism and customer relations iswithoutpeer. City Manager Dave Rudat has assembled one of the finest executive teams in thecounty. I feel very comfortable with all of these excellent managers. Orange is a greatcommunityandithasbeenmyhonortorepresentitasbestIcould.
It is, therefore, time for a new generation ofleadership in Orange. I, for one, will step aside andnotbeacandidatefortheofficeofCityCouncil. It has been a great ride but it's time to go. ] dohavealife - a family life and a professional life.My
thanks to all ofthe wonderful people in Orange for allowing me the privilege to serve.GoodluckandGodspeed."The
Council individually thanked Mayor pro tem Spurgeon for his years of hard work on the Council.6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS _ None.7.
ADMINISTRATIVE REPORTS - None.8. REPORTS
FROM CITY MANAGER - None.9.LEGAL AFFAIRS
TAPE 1145 9.
1 ORDINANCE
NO. 15-00 (SECOND READING) (A2500.0 Animal Control)An Ordinance
of the City Council of the City of Orange amending Section 6.04.050 of the Orange MunicipalCoderelatingtooffensiveanimalbehavior.MOTION - Murphy
SECOND - Slater A
YES - Murphy, Slater,
Spurgeon, Alvarez ABSENT - Mayor Coontz Moved that
Ordinance No. 15-00
be read by title only and same was approved and adopted by the preceding vote.10. RECESSTOTHEMEETING
OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION
The City Council recessed at
5:14 p.m. and did not recess to a Closed Session.PAGE 11
CITY COUNCIL MINUTES August 8, 2000
7:00 P.M. SESSION
PRESENTATION - Councilman Alvarez, as Council representative to the Orange County Vector
Control, introduced Michael Hearst, Communications Director, Orange County Fire Ant Authority.
Mr. Hearst gave a slide presentation on the Fire Ant problem in Orange County.12.
PUBLIC COMMENTS TAPE 1215 Bob
Bennyhoff, address on file, addressed comments to Mayor pro tem Spurgeon regarding his decision
to not seek reelection.Pat
Kelly, Happy Time Antiques, 109 W. Chapman, spoke in opposition to recent filming and its impact
to businesses in the Plaza.Vaughn
Rees, 1931 E. Meats #115, complained about the City of Orange providing free office space
in the Police Department for Explorer Post 266. The City Manager was instructed to respond
to Mr. Rees.Stanley
V. Andrews, 692 N. Adele Lane, commented on the notice received by the Orange Cafe to
remove their tables from in front of their business. The City Manager was instructed to respond
to Mr. Andrews.The
following people spoke in opposition to the removal of bricks in the Plaza, suggesting instead
the bricks be maintained on a regular basis:Hank
Mascolo, 30 Plaza Sq.Carole
Walters, address on file Juan
Pablo Serrano-Nieblas, 224 N. Olive St.
Meg Breeze, 60 Plaza Sq.
Crystal Husband, 59 Plaza Sq.
Renee Mascolo, 138 N. Glassell
Roger Williams, 102 N. Glassell
Joseph Coopey, (address on file)
Jon Dumitru, 860 N. Kathleen St. #A
Nate Wisely 215 S. Dunas
The following people spoke in favor of removing the bricks, as they do not correctly reflect the
history of the Plaza:
Adrienne Gladson 700 E. Lake Dr. #97
Joan Crawford, 394 S. Orange
Brady MacDonald, 628 E. Palmyra
The Council recessed at 8:00 p.m. and reconvened at 8:18 p.m.
PAGE 12
CITY COUNCIL MINUTES
August 8, 2000
13.PUBLIC HEARINGS
TAPE 3000
13.1 APPEAL NO. 477, CONDITIONAL USE PERMIT 2311-99 APPLICANT: ROMAN CATHOLIC BISHOP OF
ORANGE APPELLANT: MAYOR COONTZ: (A4000.0 APP
477)Time set for a public hearing to consider Appeal No. 477 by Mayor Coontz concerningthePlanningCommission's approval of Conditional Use Permit 2311-99 to allowsubstantialon-site improvements and additional burial facilities at Holy Sepulcher Cemeteryuponpropertylocatedat7845SantiagoCanyonRoad. NOTE: Negative Declaration 1622-99waspreparedtoevaluatetheenvironmental
impacts of this project.APPELLANT'S
REASONS FOR THE APPEAL:Appeal is based on the size of the mausoleum, the viewscape, the expansionofthecemeterytoitsfullestlimits, and the denial of access to recreational trailsestablisheddecadesagoandincludedasalinkfromthecommunitytoadjoiningparksinthe
Master Plan of Trails."The Planning Manager reported the applicant is proposing on-site improvements to increase the capacity of Holy Sepulcher Cemetery by approximately 19,000burialsitesandupgradeexistingfacilities. The proposal includes improvements over a 10yearperiod, construction of a mausoleum and remodeling of the maintenance yard. One ofthemajorconcernsofthecommunityistheapplicant's failure to incorporate a regionalrecreationtrailwithintheproject,as outlined in the City's Recreational Trail Master Plan. However, the City Attorney's Office determined the applicant was not required to make either dedicationorimprovementsforthetrailsincethereisno "nexus" (connection) between the proposal andtherequirementforthetrails.The Planning
Commission has approved the proposal.Mayor Coontz, Appellant, noted she appealed the PlanningCommissionactionbecauseshehadheardtherewasnotalotofcooperationfromtheapplicantinworkingwiththecommunity. This is an environmentally sensitive area and the Council needs to hear
more of the community issues.MAYOR
COONTZ OPENED THE PUBLIC HEARING Daniel Holden, Applicant, 535 Anton, Costa Mesa, Bishop's LandAdvisoryBoard, stated this is a much needed expansion for the cemetery and felt it was unfair fortheCitytoimposetherequirementofadedicatedtrailsincetheCityAttorney's Officeruledthereisno "nexus"between the proposal and
the requirement for the trail.Monsignor John Urell, Vicar General, Diocese of Orange, 2811VillaReal, Orange, stated this expansion is necessary to provide for the spiritual needs of the diocese; and the City needs to look at the merits of the project based on
the overall
10
year plan.
CITY COUNCIL MINUTES August 8, 2000
13. PUBLIC HEARINGS (Continued)
Mike Shaffer, Director of Cemeteries, Diocese of Orange, 2811 Villa Real, Orange, stated there
is a real need for additional burial space, especially above ground space, as well as an increase in
maintenance yard space. This plan takes into account the available land and the needs of the
parishioners. They hope to build the mausoleum and the maintenance yard improvements within
two years.
Dave Hepburn, McCloskey Memorial Services, Huntington Beach, stated he has developed a
Cemetery Master Plan for the Diocese, planning for the future needs of the community. He
noted the death rate and cemetery activity will remain constant - this proposal will not create any additional
activity. He stated this proposal is in compliance with California Cemetery Codes,earthquake
codes and City codes; the lower crypt wall will act to retain the slope of the land; and water
and flood issues have been addressed as all building will be constructed above the 100 year flood
zone. The mausoleum will not be visible from certain areas and is to scale where it is visible.
He submitted books to the Council with photographs of the proposal, noting the planned future
development is normal for cemetery operations.Dan
White, Architect, reviewed the proposed enhancements to the project -landscaping along Santiago
Road and the property line to the north; landscaping at the entry ways; removal of the chain
link fencing to be replaced with block walls and landscaping; open fencing and landscaping
to help screen the mausoleum; and plant material to help make the transition from the
open area preserve to the cemetery.The
following people spoke in favor of the Appeal:Red
Bauer, 11062 Meads Sandy
Rickard Garcia 4625 E. Walnut Laura
Thomas, 7211 Clydesdale, Orange Park Acres Anita
Bennyhoff, 10642 Morada Dr.Richard
Siebert, 1388 N. Kennymead Ellen
Toth, 20091 E. Clark St.Shelly
Henze, 11442 Orange Park Blvd, Orange Park Acres Gary
Stepp, 11442 Orange Park Blvd, Orange Park Acres Laura
Marine, 22350 Oakmont, Santa Ana Tom
Anderson, 1392 N. Stallion Julie
Jones Ufkes, 20121 N. Clark Street Chuck
McNees, 11211 Orange Park Blvd. submitted petition with approximately 200 names Mark
Sandford, 10591 S. Meads John
Ufkes, 20121 E. Clark Street Craig
Attanasio, 5744 E. Creekside #17 Bob
Bennyhoff, Chairman, OPA Planning Committee Ted
Feger, 4625 E. Walnut St.PAGE
14
CITY COUNCIL MINUTES
August 8, 2000
13. PUBLIC HEARINGS (Continued)
Concerns expressed include: size, density and location of the proposed mausoleum; the need tofollowtheguidelinesoftheOrangeParkAcresSpecificPlan, which specifies a distinctcommunitytheme; disruption to the rural image of the area; lack of cooperation from theCatholicDiocese; the lack of an easement for recreational trails; the need to preserve the way oflifeinOrangeParkAcres; impacts on the viewscape; and water shed issues. This expansion,which is a business development, does not blend in with the community or size of cemetery;and more communication is needed with the Orange Park Acres Planning Committee andcommunity.
Mayor Coontz announced the Council received an E-mail from Charles and Sybil Leffler, 10693 S. Orange Park Blvd. opposed to the project and a letter from Brenda Kalb, EquestrianCoalitionofOrangeCountyconcerning
trails.REBUTTAL FROM
APPLICANT:Dave Hepburn pointed out there is no chapel in the proposed design; the density issue isnotrelevantsinceitdoesnotrelatetolivingpeople; and although the back side of theproposedmausoleumistwostories, the west side is only one story and it is set back from the propertylineandcannotbeseenfromthetrail. The area is currently bare dirt and will be enhanced withnew
landscaping.THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THEPUBLIC
HEARING Mayor Coontz expressed concern over the lack of a site distance map which would showtheexactlocationanddistanceofthevariousbuildingswithinthisproposal. This type of mapisstandardindevelopments, especially where the viewscape is in question. She noted this isadevelopmentlanduseapplication, not a religious issue, and there should have beenmorecommunicationwiththecommunity. This proposal does address the spiritual needs oftheCounty, but this area is unique and a very important land area, and other needs of thecommunityneedtobe
addressed.Mayor pro tem Spurgeon expressed disappointment with the Diocese in not being a "good neighbor" and agreed a site map should have been provided. He suggested theproposedmausoleumneedstobesmallerandcouldnotsupporttheprojectasitisproposed; and perhapsitshouldbecontinuedforadditionalplanningsothatitfitsintoasemi-rural area. HeagreedtheCitycannotforcetheDiocesetodedicatetrails, but they should be good neighborsandbewillingtoworkwith
the community.Councilman Slater reiterated the guidelines addressed in the Orange Park AcresSpecificPlan,noting the proposal does not meet any of them. He agreed the mausoleum is too largeanddoesnotfitintothearea. He could not support the project as proposed and would wantanindicationfromtheDiocesetheyarewillingtoworkwiththecommunitytoimprovetheplans
before he
PAGE 15
CITY COUNCIL MINUTES August 8, 2000
13. PUBLIC HEARINGS (Continued)
would possibly agree to a continuance. With regard to the trail issue, the City needs to resolve
the issues of the trail crossing, either improve the crossing so it is made safe or possibly offer to
purchase the property at the southern end so there can be a trail at that location instead. He did
not expect the Diocese to give up the land or the City to force an easement, but felt it would be
reasonable for the City to purchase the land ifthere was a willingness on the part of the Diocese.
Councilman Murphy stated there does not appear to be any cooperation in putting together a
project that works for everybody, either from a legal aspect or how it affects the neighborhood.
The mausoleum is too large and probably should be relocated. The City needs to ensure the
integrity of the trail system is maintained as well as the whole area in general. He agreed there
needs to be more cooperation between the Diocese and the community and hoped that would
have happened by this point. As currently proposed, he could not support this project.
Councilman Alvarez agreed the Orange Park Acres Planning Committee should have been
included in all discussions for this project. He did not want the Council to act as a Planning
Commission and wants the Council to make a decision not based as a Planning Commission but
as a policy board. It may be in the best interest to send both parties back to work out a solution
and come back to the Council at a later date. He asked if the Diocese would be willing to step
forward and indicate their willingness to either have this sent back to the Planning Commission
or continued in order to have the opportunity for everyone to have final input.
Mayor Coontz stated the trail issue is being addressed City wide. She expressed concern about
the long term master plan for the cemetery and would like to see that plan and what is proposed
for the other side of the street. There have already been many attempts to meet with the Orange
Park Acres Planning Committee, all of which were unsuccessful.
Councilman Alvarez asked if the Applicant could be given the opportunity to address the issues
that have been raised.
Council discussed the willingness ofthe Diocese to work with the staff and community in
resolving the issues raised at the meeting.
Mr. Hepburn stated they would like to have the matter continued to work on the issues regardingsizeandlocationofthemausoleumandthetrailissueandreturnbacktotheCouncil. They did
have a number of meetings with the Orange Park Acres Committee, but the trail issue seemed to
be a stumbling block. He stated they would need six to eight weeks to resolve the issues that
have been raised.
Mayor Coontz asked what the objections were to including a horse trail along the perimeter of
the cemetery. Mr. Hepburn stated horseback riders could be a disruption to groups who have
gathered at the cemetery, even more so than cars driving by.
PAGE 16
CITY COUNCIL MINUTES
August 8, 2000
13. PUBLIC HEARINGS (Continued)
Council discussed the fact there has not been any communication to this point and the lack ofconfidenceintheDiocesebeingabletoresolvetheissueswiththecommunity. DiscussionensuedregardingproblemswiththeCouncilactingasaplanningbody, as the Council wouldneedtorequiretheDiocesetoreturnwitharchitecturalchanges, building location changes andsitemaps.
MOTION - Mayor Coontz SECOND -
Spurgeon A YES -
Murphy, Mayor Coontz, Spurgeon, Alvarez NOES - Slater Moved
to approve Negative
Declaration No. 1622-99.Councilman Slater voted
no because of the issues relating to water run-off.MOTION SECOND
AYES
Mayor
Coontz
Slater Murphy, Slater,
Mayor Coontz,
Spurgeon, Alvarez Moved to uphold Appeal No.
477 and deny Conditional Use Permit 231 1-99 14. PLANNING AND ENVIRONMENT -
None 15. ADJOURNMENT MOTION - Murphy SECOND -
Slater AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez
Moved to adjourn at 10:05 p.m.
tiCvA./~CASSANDRA ATHCART. CMC CITY CLERK JOANNE COONT
MAYORPAGE17