8/8/2000 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON AUGUST 22, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 8, 2000
The City Council of the City of Orange, California convened on August 8, 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 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
was held on August 5, 2000.
· The last of the Concert in the Park series will be held August 9, 2000, featuring
the Hodads, a pop rock group.
· The Orange Art Association will hold an all media juried art exhibition at
Chapman University'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
reported the Orange Emblem Club has been receiving bread donated by the Vons Stores and
distributing it to various charities in Orange.
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CITY COUNCIL MINUTES
August 8, 2000
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 August 8, 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 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, Orange Unified
School District and Orange County Youth and Family Services.
(A21 00.0 AGR 2470.D)
SUMMARY: On December 28,1998, the Orange Police Department, Orange Unified
School District, and Orange County Youth and Family Services (OCYFS) entered into an
Agreement for the operation of the Truancy Learning Center, located at Richland High
School. Services provided by OCYFS include: tutoring; tobacco education/intervention;
counseling; crisis intervention; and case management for students living in or enrolled in
schools located in the City of Orange and their families. The District approved the
contract renewal with OCYFS at its June 7, 2000 Board meeting.
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CITY COUNCIL MINUTES
August 8, 2000
3. CONSENT CALENDAR (Continued)
ACTION: Approved the Truancy Learning Center Program Agreement between the
City of Orange, Orange Unified School District and Orange County Youth and Family
Services in the amount of $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 2000-2001 in
Account Number 100-4032-427800 (General Fund-Gangs-Other Contractual Services).
3.6 Consultant Agreement for acquisition services. (A2l00.0 AGR 3587)
SUMMARY: A Consultant Agreement to employ Paragon Partners LTD. to perform
acquisition services for properties located on West Chapman Avenue.
ACTION: Authorized the City Manager to execute a Consultant Agreement with
Paragon Partners, LTD. for acquisition services not to exceed $32,550, covering parcels
on West Chapman Avenue between Main Street and Flower Street.
FISCAL IMPACT: Funds are available in Fund No. 550-5011-483300-4038, Chapman
Avenue Widening - 57 Freeway to Main.
(REMOVED AND HEARD SEPARA TEL Y)
3.7 Purchase of Horton Modular Ambulances through a cooperative purchasing
agreement. (C2500.H)
SUMMARY: A request to authorize purchase of three Horton Modular Ambulances
through a cooperative purchasing agreement in the amount of$355,16I.
Councilman Alvarez asked for clarification on where the Ambulances will be used. The
City Manager reported these vehicles are replacement vehicles used by the Fire
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 Modular Ambulances from Leader
Industries in the amount of$355,161 and authorized the Mayor and City Clerk to execute
on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in Account No. 720-5023-472102,
Vehicle Replacement Fund.
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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 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: 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, Reservoir 10-A, in the amount of$801,381.
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CITY COUNCIL MINUTES
August 8, 2000
3. CONSENT CALENDAR (Continued)
3.11 A proposal to approve plans and specifications and authorize advertising for bids
for the Seismic Strengthening of the Water Department pump house buildings.
(C2500.P)
SUMMARY: The Water Department Pump House Building at 189 S. Water Street has
been identified as requiring a seismic structural retrofit which will strengthen the building
to current seismic standards.
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 in
Account No. 601-8041-481200-8211, Water Plant Building Seismic Retrofit in the
amount of $254,012. The Federal Emergency Management Agency through the
Governor's Office of Emergency Services has agreed to reimburse the City up to
$150,915 at the completion of the project.
CLAIMS
3.12 The City Attorney recommends that the Orange City Council deny the following
Claim(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-3096 installation of traffic striping,
pavement markings and raised pavement markers at various locations within the
City of Orange, Bid No. 978-50. (A2100.0 AGR 3096.2)
SUMMARY: Paving Contractors, Inc. was awarded a contract on a competitive basis for
traffic striping for the City in October, 1998. The contract allows for annual renewals for
up to two (2) years based on mutual agreement. It is proposed to renew the contract for
FY 2000-2001 in an amount not to exceed $100,000.
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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 Batavia Street.
ACTION: Approved.
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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 of
Spring Street between Prospect Street and Seranado Street from 6:00 a.m. to 12:00
Midnight on Saturday, September 30, 2000 for a Special Event.
Special Event: Orange High School Panther Guard band, dance and color guard field
tournament at Fred Kelly Stadium on September 30, 2000, street closure is from 6:00 am
to 12:00 Midnight.
ACTION: Approved.
TRAFFIC ISSUES
3.19 Adoption of a 35 MPH speed zone on Skylark Place between Canyon View Avenue
and Newport Boulevard. (S4000.S.3.4)
SUMMARY: In response to concerns from area residents regarding traffic speeds on
Skylark Place, and following a recommendation from the Orange Police Department, it is
recommended that a speed limit zone based on an engineering survey be established on
Skylark Place between Canyon View Avenue and Newport Boulevard.
ACTION: Approved the adoption of a 35 MPH speed zone on Skylark Place between
Canyon View Avenue and Newport Boulevard, and directed the City Attorney to prepare
an amendment to Section 10.14.050 of the Orange Municipal Code.
FISCAL IMPACT: Funds for this type of work are provided in the department's norn1al
operating budget utilizing General Funds in the 100-5032-427100 (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 as recommended.
END OF CONSENT CALENDAR
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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-year terms 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 advisory or not.
No matter when the time clock started on terms, he intends to follow the term limit law - which
is two 4-year terms as Council and three 2-year terms as Mayor.
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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 1992
because at the time the legislature said General Law cities could not do that. That is why Mayor
pro tem Spurgeon placed it back on the ballot and it was voted on twice. There is the letter of the
law and the spirit of the law. He suggested Councilman Alvarez's point seems to be that the
Council should follow the spirit of the law because the letter of the law states that the terms of
the members who were on the Council when it was adopted or when it was an advisory vote do
not count. The terms legally started after the vote in 1996. He agreed with Councilman Alvarez
that they know what the intent of the citizenry was and the citizen's views need to be taken into
consideration and not ignored.
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 which
office they want to run for. From a personal perspective, he would look at it from an advisory
perspective and look at the spirit of things. But from a legal perspective, each individual can
make their own choice. The ultimate decision makers are the voters in November. He was
uncomfortable with Mayor Coontz not being present during a discussion that included her. He
suggested that since the next three months will be highly political in nature, as several
Councilmembers are running for office, that despite how aggressive the politics are in the
election cycles, the Council needs to stay focused on the issues of the business side and let the
political issues get decided outside the dais. The residents expect them to conduct the business
ofthe City.
Councilman Alvarez reiterated they have to look at the spirit of the law. The public expects the
Council to hold to term limits. However it doesn't appear they are if you look at when
Councilmembers took office before this law became effective. Councilmembers need to hold
themselves accountable and uphold their integrity with the term limit law. He wanted to clarify
that legally they can pursue what their term limits state but have to balance that between what is
legally right and morally right. That is a question that only they can answer individually.
Assistant City Attorney Mary Binning clarified that while there are differences in policies and
approaches to politics it is best to leave it outside. Any argument which may attempt to possibly
convince somebody to vote for or against a Councilmember is inappropriate for the Council
Chambers.
Mayor pro tem Spurgeon commented he is looking forward to the next three months. This
Council has been together for the past four years and have been through some very tough issues
but have never put them on a personal level. He suggested they retain their dignity and stay
focused on the issues and not place them on a personal basis.
Carole Walters (address on file) agreed this is an issue for the residents to decide and asked the
Council look at the politics the citizens encounter every day. She asked that the Council not
decide on an issue just to uncover a loophole later.
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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 the first six months of my tenure. 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 traditional police approaches.
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.
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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 come
through their ordeals in fine form. Their dedication to professionalism and customer relations is
without peer. City Manager Dave Rudat has assembled one of the finest executive teams in the
county. I feel very comfortable with all of these excellent managers. Orange is a great
community and it has been my honor to represent it as best I could.
It is, therefore, time for a new generation ofleadership in Orange. I, for one, will step aside and
not be a candidate for the office of City Council. It has been a great ride but it's time to go. ] do
have a life - a family life and a professional life.
My thanks to all ofthe wonderful people in Orange for allowing me the privilege to serve.
Good luck and God speed."
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 Municipal Code relating to offensive animal behavior.
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. RECESS TO THE MEETING 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.
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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.
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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 concerning the
Planning Commission's approval of Conditional Use Permit 2311-99 to allow substantial on-site
improvements and additional burial facilities at Holy Sepulcher Cemetery upon property located
at 7845 Santiago Canyon Road. NOTE: Negative Declaration 1622-99 was prepared to evaluate
the environmental impacts of this project.
APPELLANT'S REASONS FOR THE APPEAL:
"Appeal is based on the size of the mausoleum, the viewscape, the expansion of the cemetery to
its fullest limits, and the denial of access to recreational trails established decades ago and
included as a link from the community to adjoining parks in the 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 19,000 burial sites and upgrade existing
facilities. The proposal includes improvements over a 10 year period, construction of a
mausoleum and remodeling of the maintenance yard. One of the major concerns of the
community is the applicant's failure to incorporate a regional recreation trail within the project,
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 dedication or improvements for the trail
since there is no "nexus" (connection) between the proposal and the requirement for the trails.
The Planning Commission has approved the proposal.
Mayor Coontz, Appellant, noted she appealed the Planning Commission action because she had
heard there was not a lot of cooperation from the applicant in working with the community. 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 Land Advisory Board, stated this is
a much needed expansion for the cemetery and felt it was unfair for the City to impose the
requirement of a dedicated trail since the City Attorney's Office ruled there is no "nexus"
between the proposal and the requirement for the trail.
Monsignor John Urell, Vicar General, Diocese of Orange, 2811 Villa Real, 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.
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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.
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CITY COUNCIL MINUTES
August 8, 2000
13. PUBLIC HEARINGS (Continued)
Concerns expressed include: size, density and location of the proposed mausoleum; the need to
follow the guidelines of the Orange Park Acres Specific Plan, which specifies a distinct
community theme; disruption to the rural image of the area; lack of cooperation from the
Catholic Diocese; the lack of an easement for recreational trails; the need to preserve the way of
life in Orange Park Acres; 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 and
community.
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, Equestrian Coalition
of Orange County concerning trails.
REBUTTAL FROM APPLICANT:
Dave Hepburn pointed out there is no chapel in the proposed design; the density issue is not
relevant since it does not relate to living people; and although the back side of the proposed
mausoleum is two stories, the west side is only one story and it is set back from the property line
and cannot be seen from the trail. The area is currently bare dirt and will be enhanced with new
landscaping.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING
Mayor Coontz expressed concern over the lack of a site distance map which would show the
exact location and distance of the various buildings within this proposal. This type of map is
standard in developments, especially where the viewscape is in question. She noted this is a
development land use application, not a religious issue, and there should have been more
communication with the community. This proposal does address the spiritual needs of the
County, but this area is unique and a very important land area, and other needs of the community
need to be 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 the proposed
mausoleum needs to be smaller and could not support the project as it is proposed; and perhaps it
should be continued for additional planning so that it fits into a semi-rural area. He agreed the
City can not force the Diocese to dedicate trails, but they should be good neighbors and be
willing to work with the community.
Councilman Slater reiterated the guidelines addressed in the Orange Park Acres Specific Plan,
noting the proposal does not meet any of them. He agreed the mausoleum is too large and does
not fit into the area. He could not support the project as proposed and would want an indication
from the Diocese they are willing to work with the community to improve the plans before he
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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 regarding
size and location of the mausoleum and the trail issue and return back to the Council. 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.
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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 of
confidence in the Diocese being able to resolve the issues with the community. Discussion
ensued regarding problems with the Council acting as a planning body, as the Council would
need to require the Diocese to return with architectural changes, building location changes and
site maps.
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
MAYOR
PAGE 17