HomeMy WebLinkAbout9_26_2000 - Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 10, 2000CITYCOUNCILMINUTESORANGE, CALIFORNIAOFAREGULARMEETINGSeptember26, 2000
The City Council of the City of Orange, California convened on September 26,2000 at 4:30 p.m.in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Pastor Carl Floyd, Orange Christian Assembly
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Murphy
1.3 ROLL CALL
PRESENT: Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT: None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Employee Service Recognition Awards. The following employees were recognized for theiryearsofservice: (
C2S00.J.4.18)
Debra Voth, Police; Ignacio Maciel, Police; Erlinda Compton, City Clerk; GabrielGarcia, Community Services; Jamie Gomez, Water; Abel Bernal, Jr., CommunityServices; Lillian Evans, Police; Sharon Lemuth, Police; Richard Hintz, Finance; JorgeDesouza, Police; Bobby Green, Police; John Whiteley, Police.
Resolution No. 9331 was presented to Travis Bozman, Son and Dorothy Kossman, Mother, in
memory of Barbara Bozman, Orange Police Secretary.
Proclamation - 2000 California Rideshare Awareness Week, Orange Trip Reduction Program,wasacceptedbyMonicaVazquez, Personnel Analyst, on behalf of SCAG.Mayor
Coontz made the following announcements:C2S00.D.l)Affordable
Housing Award by the Orange County Community Housing Corporation was giventoBarryCottlefortheHighlandAvenue/Prospect Street apartment renovations.Mr. Cottle is to be commended for renovating over 200 units in this former crime ridden area.
He lowered the rents, established strong management and created a learning center withaconnectiontoHandyElementarySchool.Chamber
of Commerce office has relocated to 439 E. Chapman Avenue.PAGEl
CITY COUNCIL MINUTES
September 26, 2000
RideShare/Health - Employee Appreciation Fair will be Thursday, September 28, 2000.2.
PUBLIC COMMENTS Joe
Folske, 767 Harrington St., invited Council and City employees to participate in an event at TropicalAutoBodyonOctober14, to fight hunger. Tropical's employees will wash cars for a donationofsevencansoffood. Mr. Folske also commended City Manager David Rudat for a jobwelldone.3.
CONSENT CALENDAR TAPE 19044)All
items on the Consent Calendar are considered routine and are enacted by one motion approvingtherecommendedactionlistedontheAgenda. Any member of the City Council, staff or the public may request an item be removed from the Consent Calendar fordiscussionorseparateaction. Unless otherwise specified in the request to remove an itemfromtheConsentCalendar, all items removed shall be considered immediately followingactionontheremainingitemsontheConsentCalendar.3.
1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agendaofaregularmeetingofSeptember26, 2000 at Orange Civic Center, Main Libraryat101N. Ceuter Street, Police facility at 1107 North Batavia, the EisenhowerParkBulletinBoard, and summarized on Time-WarnerCommunications, all of said locations being in the City of Orange and freelyaccessihletomembersofthepublicatleast72hoursbeforecommencementofsaidregularmeeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as apublicrecordintheOfficeoftheCityClerk.
3.2 Request Council Confirmation of warrant registers dated September 7, and 14,2000.
ACTION:Approved.
3.3 Receive and file the City Treasurer's Report, period ending August 31, 2000.C2S00.F)
ACTION:Approved.
3.4 Request approval of City Council Minutes, Regular Meeting, September 12, 2000.
ACTION:Approved.
3.5 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
PAGE 2
CITY COUNCIL MINUTES September 26, 2000
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Professional Service Agreement between the City of Orange and Major League
Softball, Inc., for adult softball services. (A2100.0 AGR-I725.B.
l)SUMMARY: Approval of First Amendment to Professional Services
Agreement between the City and Major League Softball, Inc., in the amount of $90,000.
Major League Softball, Inc., administers the City's adult softball program for which
the contractor provides umpires and
scorekeepers.ACTION: Approved the Professional Service Agreement between the City and
Major League Softball, Inc., in the amount of $90,000; and authorized the Mayor and City
Clerk to execute the agreement on behalf ofthe
City.FISCAL IMPACT: Sufficient funds exist in the following account: No.
100-7014-427800 (Other Contractual Services): $
90,000.REMOVED AND HEARD SEPARATELY) (
TAPE 19065)3.7 Approval of Santiago Canyon College Joint Use Agreement between the
City and Rancho Santiago Community College District. (A2100.
0 AGR-3609)SUMMARY: The 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 Rancho Santiago Community College District's
Board of Trustees at its meeting on September 11,2000 approved the certification
of Negative Declaration 2000-02, finding that the proposed project will not result in
a significant adverse impact on the environment and approved the execution of the joint
use agreement between the City and College for the installation of lights and use of the
fields. The City Council approval is required for execution of the joint use agreement
between
the City and District.FISCAL IMP ACT: Although funds are budgeted in the
following account, approval of this agreement secures the City's financial interests
of the proposed lighting improvements and scheduled uses of the soccer fields. Sufficient
funds exist in the following account: No. 510-
7021-485100-9996 (Field Lighting): $270,000.DISCUSSION: Councilman Alvarez
inquired if the neighboring residences had been properly notified regarding installation of lights
for the soccer field. Director of Library and Community Services responded that
the College District had handled the Mitigated Negative Declaration and he did not know
if notices were sent to the neighboring residents. The type of lighting is similar to
that at Handy
Park, only
CITY COUNCIL MINUTES September 26, 2000
3. CONSENT CALENDAR (Continued)
Mayor Coontz commented this is one of the most successful joint use projects the Cityhascompleted. The Council is very pleased the college has decided to share this use
because of the great need in the City for soccer fields.
MOTION:
SECOND:
AYES:
Murphy
Slater
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ACTION: Approved the Santiago Canyon College Joint Use Agreement between the
City and Rancho Santiago Community College District for the field lightingimprovementsanduseofthetwosoccerfieldsatSantiagoCanyonCollege; and
authorized the Mayor and City Clerk to execute the agreement on behalf of the City.
APPROPRIATIONS
3.8 Appropriate Funds Received from Library Patron Donations.C2500.I)
SUMMARY: Donations from patrons are collected over a period of time. When funds
have reached a sufficient amount, they are then appropriated to an expenditure account to
purchase books, videos and CD's.
ACTION: Appropriated $1600 received from patron donations Account No. 100-
2001-443101-9986 (Library Materials) to purchase
library books.FISCAL IMP ACT: This transfer has no fiscal impact on the
overall budget.3.9 Dedications of Millennium Clock and Veterans Memorial.
C2500.N)SUMMARY: The City Council unanimously approved the final design plans
and award of bid for construction of the Veterans Memorial Fountain and Millennium
Clock at Santa Fe Depot Park. The Millennium Clock and Veterans Memorial Fountain
will be completed in time for community dedications on October 15, 2000 and
November 11,2000, respectively. As such, staff is working with the Veterans
and Millennium Commissions to coordinate these dedications for which it estimated the
dedication costs for staff, materials/supplies, contractual services and rentals will
be approximately 16,000. Since no funds were budgeted for these dedications, it is recommended
that the City Council transfer $16,000 from General Fund (100) unappropriated
reserves to sufficiently fund the
dedication costs.ACTION: Approved a transfer in the amount of $16,000 from General
Fund (100)unappropriated reserves to the Other Contractual Services
accounts: 100-7011-427800-2000 (Millennium) $6,500;
100-7011-427800-0970 (Veterans) $9,500.PAGE
4
CITY COUNCIL MINUTES September 26, 2000
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: After the fund transfer is executed, sufficient funds will exist to fund
this project in the following accounts: 100-7011-427800-2000 (
Millennium) $6,500 100-
7011-
427800-0970 (Veterans) $9,500 BIDS 3.10 Contract Change Order No.2; Bid No.
990-24; Project No. S-192, Batavia,
Grove,Glassell Street Sewer Improvements. (A2100.0 AGR-3500)SUMMARY: During construction of
the proposed sewer main, a bypass was required to be installed resulting in this
Contract Change Order #2. The original contract cost is 1,066,758.00. The Change Order
will increase constructioncost by $18,886.47 to 1,131,998.47. Contract
Change Order No. 1
had increased construction cost to 1,113,112.00.ACTION: Approved a Contract ChangeOrder No.2
in the amount of$18,886.47 to 1FT
Pipeline Engineers for the revisions made to the plan.FISCAL IMPACT: Funds are
budgeted or areavailable in the
following account: 520-5011-483200-5545 $18,886.47 (Sewer Improvements)3.11 Final
Contract Change Order; BId No. 990-23; Project No. SP-3302,
Slurry Seal Various Streets and City Facility Parking Areas 99-00. (A2100.
0 AGR-3530)SUMMARY: This final contract change order authorizes payment for the increase in
final as-built
quantities at contract unit prices. The total contract cost for this project is 203,154.99.
ACTION: Approved a Contract Change Order No. 1 in the amount of $
20,
668.49 to Doug Martin Contracting Company, Inc., for the additional quantities at
contract unit prices.FISCAL IMPACT: Funds are budgeted
or are available in the following accounts: 601-5021-481105-4997 $6,000.
00 (MunicipalParking
Lot),
500-5021-481105-4997 1,259.00 (Municipal Parking Lot), and 262-5021-483300-
3120 $13,409.44 - Total 20,
668.49 CLAIMS
3.12 The City Attorney recommended that the
Orange City Council deny the following Claim(s) for damages: (C3200.0)a.
Frank Torres
CITY COUNCIL MINUTES September 26, 2000
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.13 Purchase of Plaza Lighting Standards including: Poles, Light Fixtures, Ornamental
Base and Banner Attachment Assemblies on a sole source basis. (C2500.N)
SUMMARY: This is a request that the City Council authorize purchase of thirty-two Ornamental Street Lighting Standards for the Downtown Plaza Rehabilitation Project
on a sole source basis in the amount of$180,000.
00.ACTION: Authorized purchase of thirty-two Ornamental Street Lighting
Standards from Pacific Lighting Sales Company in the amount of $180,000.00.
NOTE: Councilman Alvarez abstained from this item due to a property conflict
of interest.FISCAL IMPACT: Funds are budgeted in the Capital Improvement
Program and available in the following accounts: 500-7021-485100-9875 $960,226.00 (Capital Projects) and, 510-
7021-485100-9875 $224,383.00 (Park Acquisition).3.14 Approval of expenditurestoMotorola
for
800 MHz
radio
system equipment.C2500.K)SUMMARY:equipment that manufacturers.
These purchases are required to replace current communications have outlived
their serviceability and are not supported by their ACTION: Awarded an expenditure in the amountof $69,551.22 to purchase 17 portable
STX3000 digitally capable portable radios and support equipment.FISCAL IMPACT: Funds are
budgeted and available in the following account: 120-3021-481302-2525 (
Prop 172 Funds, 800 MHz Digital
Radio) $80,000.00.REMOVED AND HEARD SEPARATELY) (TAPE 19162)3.15 Approve an expenditure in an
amount not to exceed $179,878.34 with Motorola Inc.
for
20 Mobile
Data
Computer systems and equipment. (C2500.H)SUMMARY:equipment
that manufacturers.These purchases are required to replace current communications
have outlived their serviceability and are not supported by their FISCAL IMPACT:
Funds are budgeted and available in the following account:
120-3021-481302-2954 (Prop 172 Funds Mobile Data Terminals) $230,000.
DISCUSSION: Fire Chief Bonacker explained the change to the agenda was that computers that
will go into the command vehicles are more sophisticated and will bepurchasedfromPanasonic. The two purchases have been divided, with the largerpurchasefromMotorolabeingpresentedatthistime. The
smallerPanasonic
purchase will be presented
CITY COUNCIL MINUTES September 26, 2000
3. CONSENT CALENDAR (Continued)
MOTION:
SECOND:
AYES:
Slater
Murphy
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ACTION: Approved an expenditure in an amount not to exceed $179,874.34 with
Motorola Inc. for the purchase of 20 mobile data computers, software, and installation
hardware.
PARKING
3.16 Request for temporary parking on Cannon Street south of Taft Avenue.
S4000.S.3.1.l )
SUMMARY: Serrano Water District is hosting an open house and dedication ceremony
for their Water Filtration Plant and is requesting temporary parking spaces on the east
side of Cannon St. south of Taft Ave.
ACTION: Authorized parking on the east side of Cannon Street from Taft Avenue to
250 ft. southerly from 4:00 p.m. to 8:00 p.m. on Thursday, October 19, 2000.
FISCAL IMPACT: None. Applicant will pay all costs associated with this request.
RESOLUTIONS
3.17 RESOLUTION NO. 9332 S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing a section of
Atchison Street for Special Events.
Millennium Clock Dedication - scheduled for Sunday, October 15, 2000; the street will be
closed from 11 :00 AM to 7:30 PM.Veterans
Memorial Dedication - scheduled for Saturday, November 11, 2000; the street will be
closed from 12:00 Noon to 7:30 PM.ACTION: Approved.
3.18
RESOLUTION NO. 9333 A2100.0 AGR-3530)A
Resolution of the City Council of the City of Orange finally accepting the completion of
a certain public work and improvement; Bid No. 990-23; SP-3302; Doug
Martin Contracting Company, Inc.; Slurry Seal Various Streets and City Facility Parking
Areas,
1999-2000.
ACTION: Approved.
CITY COUNCIL MINUTES
September 26, 2000
3. CONSENT CALENDAR (Continued)
3.19 RESOLUTION NO. 9334 A2100.0 AGR-
3309)A Resolution of the City Council of the City of Orange finally accepting thecompletionofacertainpublicworkandimprovement; Bid No. 990-01; SP-3239-A; Phase 1B;Sequel Contractors, Inc.; Street Rehabilitation Improvement forTustinStreetfromLaVeta
Avenue to
Fairhaven Avenue.ACTION: Approved.3.20 RESOLUTION NO.
9335 A2100.0 AGR-3608)A Resolution of the City Council of the City ofOrangeapprovingtheexecutionofContractNumber12A0654withtheDepartmentofTransportationoftheStateofCaliforniawhichwillreimbursetheCityforPoliceTrafficControlServicesonlocalstreetscausedby
reconstruction ofthe
Interstate 5 freeway.ACTION: Approved.3.21
RESOLUTION NO. 9336 C2500.I)A Resolution of the City Council of the City ofOrangeauthorizingtheOrangePublicLibrarytojoin
the Arroyo
SECO Library Network.ACTION: Approved.3.22
RESOLUTION NO. 9337 C2500.K)A Resolution of the City Council of the CityofOrangeexpressingappreciationtoSergeantLarryW. Pore' of the Orange PoliceDepartmentandcommendinghimforthirty-
three years
ofloyal
and dedicated service.ACTION: Approved.TRAILSREMOVEDANDHEARDSEPARATELY) (TAPE 19198)3.23 Award of Consultant Agreement for Review and UpdateoftheCity's Master Plan
of Recreational Trails. (A2100.0 AGR-3607)SUMMARY: The City's Master Plan ofRecreationalTrails, adopted in 1993, is the principal reference document for our trail system. TheMasterPlanincludesamapoftheoveralltrailnetworkandadescriptionofallexistingandplannedtrailsegments. It also states the City's goals and objectivesandcontainsanimplementationplan, design and development standards, and acquisition, maintenance and management policies. As it has been over seven years since its adoption, itisrecommendedthattheMasterPlanofRecreationTrailsbereviewedand
updated to
CITY COUNCIL MINUTES September 26, 2000
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds were not budgeted in the FY 2000-01
Community Development Department budget for a review of the Master Plan of trails. Therefore,
an appropriation of $22,000 from unappropriated General Funds reserves is
recommended.DISCUSSION: Mayor Coontz reported the Master Plan includes meetings with
the public, networking of trails as well as walking the trails. There will be a study
session scheduled with the Council, Council feedback, and determining the feasibility of
the Master Plan of Recreational Trails based on the current trail network and existing
city policies. It is in two phases. This is timely because over a period of years, the
trail system does not link up with other trails outside the City, which is a goal, and many
trails are not constructed as they need to
be.The following people spoke in
favor:Bob Bennyhoff, 10042 Morada Dr., commended the Mayor for instigating this review
of recreational trails; the City Manager; and Interim Director of Community
Development for putting together the review plan. Trails are important to Orange Park Acres
and benefit all residents of
Orange.Tom Anderson, 1392 N. Stallion St., representing the Equestrian Coalition of
Orange County, expressed appreciation in light of the City's move toward an eastern
expansion.Hiring a consultant to put together the baseline study is the first necessary step.
He would like to see involvement from a reconstituted citizens advisory
committee.Chuck McNees, 11211 Orange Park Boulevard, thanked Council and the City
Manager for the proposed trails review. He looks forward to seeing multi-use
trails connecting from city
to city.Councilman Slater indicated at the end of the staff report, it says the City
will be evaluating the feasibility of the proposed Tustin Branch and Santiago
Creek Trails including the preparation of the alignment study and right-
of-way acquisition assessment,but in the exclusion clauses in the contract it indicates they will
not be evaluating the bicycle trail system. How will staff evaluate those two other items
and when can Council expect some feed back. The Interim Community Development
Director indicated she did not have the
answer at this time.The Director of Public Works responded the City is seeking State
grant money for a review of the bicycle trails. Orange County Transportation Authority
will be doing a review of bicycle trails county-wide. The City
Manager also confirmed that another consultant is working on
the Tustin bicycle trail separately.Councilman Slater commented in the report it states
this will be done within approximately 120 days and asked if this included
both phases. The Interim Community Development Director indicated it was both phases and
would be
completed within
CITY COUNCIL MINUTES
September 26, 2000
3. CONSENT CALENDAR (Continued)
MOTION:
SECOND:
AYES:
Mayor Coontz
Spurgeon
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ACTION: 1) Approved a consultant agreement with Purkiss Rose-RSI for thereviewandupdateoftheMasterPlanofRecreationTrailsinanamountnottoexceed $21,920;and authorize the Mayor and City Clerk to execute on behalf of the City. 2) Appropriated from unappropriated General Fund Reserves, $22,000 to the FY 2000-01 Community Development/Advanced Planning Program - Other Professional Services (100-6011-426700) to fund the consultant agreement and
related expenses.Councilman Murphy suggested staff bring back to Council a list ofprioritizedtraillocationsforspecificandimmediateneeds, especially those connecting thefourparks.Mayor Coontz commented the suggestion will be in the minutes and theconsultanthastheabilitytomakeadecisiononthe
work
plan.
MOTION
SECOND
AYES
Murphy Spurgeon Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarez Items 3.7, 3.15 and 3.23 were removed and heard separately; Councilman Alvarez abstained onItem 3.13; all remaining items were approved
as recommended.END OF
CONSENT CALENDAR 4. REPORTS FROM MAYOR COONTZ -
None 5.REPORTS FROM COUNCILMEMBERS TAPE
19727)Councilman Alvarez requested the City Manager to ask the Parks Commission to returntoCouncilwithanamefortheproposedparkatSpringand
Prospect.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS _
None 7.ADMINISTRATIVE REPORTS TAPE
196420)URGENT AGENDA
ITEM
MOTION:
SECOND:
AYES:
Murphy Mayor
Coontz Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved that there was a need to take immediate action on the following item and that the needforactioncametotheattentionofthelocalagencyafterthepostingofthe
agenda.PAGE
10
CITY COUNCIL MINUTES September 26, 2000
7. ADMINISTRATIVE REPORTS (Continued)
The Police Chief explained the request by the Police Department is to utilize the FY 1999 Local
Law Enforcement Block Grant (LLEBG) funds for future purchases of equipment and
technology related to law enforcement. (C2500.K)
SUMMARY: The U.S. Department of Justice has made funds available under the FY 1999
LLEBG Program. Under this Program the City was awarded $150,929 for FY 1999. Each
jurisdiction has 12 months from the date of its award to request the drawdown of funds. As the
City's FY 1999 award date was September 30, 1999, it only has until September 30, 2000 to
request these funds. The Department became aware of this obligation when it went online to
prepare the FY 2000 LLEBG application, hence the urgency of the request for future purchases
of equipment and technology related to law enforcement.
MOTION:
SECOND:
AYES:
Spurgeon
Murphy
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve the Police Department's request to use FY 1999 funds for future purchases of
equipment and technology related to law enforcement and appropriate $150,929 to account
number 353-
4011-471301-2237.FISCAL IMPACT: Unreserved fund balance is available in the
1999 LLEBG Fund.8. REPORTS FROM CITY
MANAGER - None 9.
LEGAL AFFAIRS 9.1 ORDINANCE NO. 16-
00 (SECOND READING)An Ordinance of the City Council of the City of Orange repealing Chapter 12.12 and
12.52 of the Orange Municipal Code and adding new Chapter 12.52 to the
Orange Municipal Code relating to right of way dedication and
public
infrastructure
improvements.
MOTION:
SECOND:
AYES:Murphy Alvarez Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez That Ordinance No. 16-00 be read by title only and same was approved
and adopted
by the preceding vote.9.2 ORDINANCE
NO. 17-00 (SECOND READING)An Ordinance of the City Council of the City of Orange amending Section
10.14.050 of Chapter 10.14 of the Orange Municipal
Code pertaining to speed limits.Establishes a 35 MPH speed limit on Skylark Place between
Canyon
View Ave.
CITY COUNCIL MINUTES September 26, 2000
9. LEGAL AFFAIRS (Continued)
Councilman Slater asked when the signs would be posted? The Director of Public Works
indicated the ordinance will go into effect in 30 days and the signs will be posted as soon after
the 30 days as possible.
MOTION:
SECOND:
AYES:
Slater
Mayor Coontz
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
That Ordinance No. 17-00 be read by title only and same was approved and adopted by
the preceding
vote.9.3 ORDINANCE NO. 18-00 (
SECOND READING)An Ordinance of the City Council of the City of Orange amending Section12.18.180
of the Orange Municipal Code amending the effective date for the Outdoor Dining
Ordinance by postponing the date from September, 2000 to September 2001 after the Plaza
construction
is
completed.
MOTION:
SECOND:
AYES:
ABSTAIN:
Murphy Slater Murphy, Slater, Mayor
Coontz,
Spurgeon Alvarez That Ordinance No. 18-00 be read by title only and same was approved and
adopted by the preceding vote. Councilman Alvarez abstained due to a
property ownership conflict.10. RECESS TO THE MEETING OF THE
ORANGE REDEVELOPMENT AGENCY 11. RECESS
TO CLOSED SESSION The City Council recessed at 5:26 p.m. to a Closed Session for
the following purposes:a. Conference with Legal Counsel pursuant to Government Code Section54956.
9 _ existing litigation:John Robertson v. City of Orange, Orange County Superior Court Case No.
81 51 20 b. 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
CITY COUNCIL MINUTES September 26, 2000
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Roger Young, address on file, commented on the newspaper article regarding former Police
Chief John Robertson's court settlement with the City.
13. PUBLIC HEARINGS
13.1 GENERAL PLAN AMENDMENT NO. 3-00, ZONE CHANGE NO.
1205-00,CONDITIONAL USE PERMIT NO. 2339-00, VARIANCE
NO. 2089-
00, NIEUPOINTE ENTERPRlSESIBARRY COTTLE:Time set for a public hearing on petition by Neiupointe
EnterpriseslBarry A. Cottle requesting General Plan Amendment No. 3-00 to redesignate 8.05
acres to GC (General Commercial)from R-O (Recreation-Open Space); Zone
Change No. 1205-00 to reclassify property located north of Chapman Avenue and Chapman
General Hospital, east of Santiago Creek to C-1 Limited Business) from R-
O (Recreation-Open Space) and to reclassify property located at the southeast corner of the intersection
of Handy Street and Palm Avenue, west of Santiago Creek to R-1-6 (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.NOTE: Negative Declaration 1642-00 was prepared to evaluate the
environmental impacts of this project.Mayor Coontz asked the City Clerk to
read the following memorandum dated September 26,2000 submitted to the City Clerk
that afternoon from applicants Nieupointe EnterpriseslBarry Cottle: "Request for Postponement of September
26, 2000 City Council hearing. Request to have hearings rescheduled for November 28,2000. Thank you
for your consideration."Councilman Alvarez asked what Council's policy has been
on granting an applicant's request for continuance.
Councilman Alvarez and Councilman Slater felt the applicant should have been present and given a reason
for the postponement.The City Attorney indicated Council's policy has been
to grant the applicant's request for continuance. However, there have been some cases where public
hearings were continued because the applicant was absent. Council can postpone a public hearing
to a date certain. Also,Council has in the past, where applicants have offered no
explanation, granted requests. By holding the public hearing without the applicant present, given Council'
s past practice, the City Attorney opined there will be a due process problem. Certainly, the suggestion of
continuance can be considered but the
applicant would have to have advance notice that they are to be present
on
the date
CITY COUNCIL MINUTES September 26, 2000
13. PUBLIC HEARINGS (Continued)
Councilman Slater commented Council has a very heavy agenda on October 10th and this itemshouldbeheardatthenextCouncilmeetingwhichisOctober24, 2000. Councilman Slater feltit's political expediency to put it off until after the election.
The City Manager commented Council should establish a policy granting continuances, because
the past policy is inconsistent since there have been instances where Council has grantedcontinuanceswhentheapplicanthasnotbeenpresent.
The City Attorney further advised when the applicant requests a continuance, the policy of theCouncilisnottograntanycontinuanceunlessavalidreasonisstated. Council will determine atthemeetingwhetherthereasonsarevalid, but the applicant should still make an appearance.
Mayor Coontz suggested the City Attorney draft a policy concerning applicant's request for
continuance and schedule it on the agenda for Council review.
MOTION - Slater SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue
the public hearing to October 24,2000 at 7:00 p.m.14. PLANNING AND
ENVIRONMENT - None 15. ADJOURNMENT MOTION - Mayor
Coontz SECOND -
Spurgeon AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez The City Council adjourned at 7:32
p.m.0d/'L/JUt:2U~A' AA4;;rL
CASSANDRA J. THCART, CMC CITY CLERK JOANNE
COONTZ MAYOR PAGE 14