9/26/2000 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON OCTOBER 10, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 26, 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 their
years of service: (C2S00.J.4.18)
Debra Voth, Police; Ignacio Maciel, Police; Erlinda Compton, City Clerk; Gabriel
Garcia, Community Services; Jamie Gomez, Water; Abel Bernal, Jr., Community
Services; Lillian Evans, Police; Sharon Lemuth, Police; Richard Hintz, Finance; Jorge
Desouza, 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,
was accepted by Monica Vazquez, 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
given to Barry Cottle for the Highland Avenue/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
with a connection to Handy Elementary School.
· Chamber of Commerce office has relocated to 439 E. Chapman Avenue.
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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
Tropical Auto Body on October 14, to fight hunger. Tropical's employees will wash cars for a
donation of seven cans of food. Mr. Folske also commended City Manager David Rudat for a
job well done.
3.
CONSENT CALENDAR
(TAPE 19044)
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 September 26, 2000 at Orange Civic Center, Main
Library at 101 N. Ceuter 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
accessihle 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 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.
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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 better with
absolutely no spillage.
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CITY COUNCIL MINUTES
September 26, 2000
3. CONSENT CALENDAR (Continued)
Mayor Coontz commented this is one of the most successful joint use projects the City
has completed. 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 lighting
improvements and use of the two soccer fields at Santiago Canyon College; 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.
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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 construction cost 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 Change Order 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 are available 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 (Municipal Parking 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
b. Heather Zetin, a minor through Judy Anderson
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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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 expenditures to Motorola 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 amount of $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 be
purchased from Panasonic. The two purchases have been divided, with the larger
purchase from Motorola being presented at this time. The smaller Panasonic purchase
will be presented to Council at a later date.
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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.
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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 the completion
of a certain public work and improvement; Bid No. 990-01; SP-3239-A; Phase 1B;
Sequel Contractors, Inc.; Street Rehabilitation Improvement for Tustin Street from La
Veta Avenue to Fairhaven Avenue.
ACTION: Approved.
3.20 RESOLUTION NO. 9335
(A2100.0 AGR-3608)
A Resolution of the City Council of the City of Orange approving the execution of
Contract Number 12A0654 with the Department of Transportation of the State of
California which will reimburse the City for Police Traffic Control Services on local
streets caused by reconstruction ofthe Interstate 5 freeway.
ACTION: Approved.
3.21 RESOLUTION NO. 9336
(C2500.I)
A Resolution of the City Council of the City of Orange authorizing the Orange Public
Library to join the Arroyo SECO Library Network.
ACTION: Approved.
3.22 RESOLUTION NO. 9337
(C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to
Sergeant Larry W. Pore' of the Orange Police Department and commending him for
thirty-three years ofloyal and dedicated service.
ACTION: Approved.
TRAILS
(REMOVED AND HEARD SEPARATELY) (TAPE 19198)
3.23 Award of Consultant Agreement for Review and Update of the City's Master Plan
of Recreational Trails. (A2100.0 AGR-3607)
SUMMARY: The City's Master Plan of Recreational Trails, adopted in 1993, is the
principal reference document for our trail system. The Master Plan includes a map of the
overall trail network and a description of all existing and planned trail segments. It also
states the City's goals and objectives and contains an implementation plan, design and
development standards, and acquisition, maintenance and management policies. As it has
been over seven years since its adoption, it is recommended that the Master Plan of
Recreation Trails be reviewed and updated to ensure its accuracy and suitability.
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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 that
time frame.
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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 the review
and update of the Master Plan of Recreation Trails in an amount not to exceed $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 of prioritized trail
locations for specific and immediate needs, especially those connecting the four parks.
Mayor Coontz commented the suggestion will be in the minutes and the consultant has
the ability to make a decision on the 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 on Item 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 return to
Council with a name for the proposed park at Spring and 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 need for
action came to the attention ofthe local agency after the posting of the agenda.
PAGE 10
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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. and Newport
Blvd.
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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 Section 12.18.180 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 Section 54956.9 _ 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 Session.
PAGE 12
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 set by Council.
Councilman Murphy pointed out the heavy public hearing schedule for October 10th Council
meeting.
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CITY COUNCIL MINUTES
September 26, 2000
13. PUBLIC HEARINGS (Continued)
Councilman Slater commented Council has a very heavy agenda on October 10th and this item
should be heard at the next Council meeting which is October 24, 2000. Councilman Slater felt
it'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 granted
continuances when the applicant has not been present.
The City Attorney further advised when the applicant requests a continuance, the policy of the
Council is not to grant any continuance unless a valid reason is stated. Council will determine at
the meeting whether the reasons are valid, 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.
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CASSANDRA J. THCART, CMC
CITY CLERK
JOANNE COONTZ
MAYOR
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