11/14/2000 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON NOVEMBER 28, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 14, 2000
The City Council of the City of Orange, California convened on November 14,2000 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 Ken Wilson, Orange Covenant Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Slater
1.3 ROLL CALL
PRESENT - Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez, Murphy
NOTE: Councilman Alvarez was present for the 7:00 p.m. session
1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS (C2500.J.4.2.2)
Monica Vazquez, City Personnel Analyst, presented a charity donation check in the
amount of $526 each to CAST (Child Abuse Services Team) and Veterans Memorial
from the Employee AppreciationlRideshare/Health Fair. Accepting the donations were
Bob Malmberg and Jeanie Ming on behalf of CAST and John Whiteriver and Mike
Learkos on behalf of the Veterans Memorial Committee.
Mayor Coontz announced the dedication of the Veterans Memorial took place on
Saturday, November 11 th. Approximately 700 people were in attendance. She thanked
the community and the staffs of the City Manager's Office, Community Services
Department, and Gabe Garcia, Community Services Manager, for their efforts to make
this event a success.
Mayor Coontz announced the Council will be adjourning today's meeting in memory of
Carl Schroeder, and presented a certificate in his honor to his son, Jack Schroeder.
2. PUBLIC COMMENTS
Jim Cline, 2603 Riding Way, expressed concern about the lack of enforcement of the
construction conditions at Lutheran High School. Mr. Cline indicated he had requested
the City Manager's assistance a few months ago, but has not received any response. The
City Manager commented he will contact Mr. Cline to resolve his concerns.
Debra Stell, 800 N. Waverly, reported she is working on a documentary of the Orange
Lionettes Softball Team and its importance of the City of Orange to this organization.
She asked people to contact her at 324-2376 if they had any information on the team.
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November 14, 2000
Mayor Coontz suggested she contact the Orange Historical Society through the Orange
Public Library archive section.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of November 14, 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 ofthe City Clerk.
3.2 Request Council Confirmation of warrant registers dated October 19, 26, November
2,2000.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meetings of October 10 and 24,
2000.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
APPROPRIATION
3.5 Request to appropriate $15,000 to re-roof public facilities (City Hall and Fire
Station 3). (P2500.0.1)
SUMMARY: Roof maintenance is necessary at both locations to prevent damage to
items inside the buildings as well as to prevent further damage to the roof structure.
ACTION: Transferred $15,000 from Fund 100 (General Fund) to Fund 725 (Building
Improvements) and appropriated to account 725-5028-481200-9816 (Re-roof of Public
Facilities).
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November 14, 2000
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Sufficient funds are available in the General Fund to transfer to this
project.
(REMOVED AND HEARD SEPARATELY)
3.6 Additional Softball Field at EI Camino Park for Central Bobby Sox. (C2500.N)
SUMMARY: In the past few years, Central Orange Bobby Sox League has experienced
an increase in participation of youth girls playing softball resulting in the need to provide
an additional softball field at El Camino Park. Currently, El Camino has three softball
fields for youth softball and staff is requesting funding in an amount not to exceed
$20,000 for improvements to provide an additional softball field. The City Council is
required to approve a transfer in the amount of $20,000 from General Fund (500)
unappropriated reserves to cover the expenditures for these improvements.
Jennifer Edwards, 928 E. Oakmont, asked the Council to support the additional softball
field at El Camino Park.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez, Murphy
Moved to approve a transfer in the amount of $20,000 from General Fund (100) reserves
and appropriate to account 500-7021-481105-0607 (General Fund Capital Projects), to
fund El Camino Park improvements; and authorized staff to retain a contractor to provide
field improvements at El Camino Park.
FISCAL IMPACT: After a fund transfer is executed, sufficient funds will exist to pay for
the improvement costs in Account 500-7021-481105-0607 (El Camino Park
Improvements), of $20,000
BIDS
3.7 A proposal to approve plans and specifications and authorize advertising for bids
for the annual ADA Wheelchair Ramps Contract at various locations for the fiscal
year 2000-2001. (S4000.S.3.2)
SUMMARY: Plans and specifications have been completed for the ADA wheelchair
ramp project at various locations. The project is ready to be advertised for bids. The
estimated construction cost is $134,019.40.
ACTION: Approved plans and specifications and authorized advertising for bids for the
2000-2001 ADA Wheelchair Ramps, Various Locations.
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November 14,2000
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds in the amount of $153,175 are budgeted in the Capital
Improvement Program in account 310-9645-483300-1328 (Community Development
Block Grant-ADA Ramps)
(REMOVED AND HEARD SEPARATELY)
3.8 A proposal to approve plans and specifications and authorize advertising for bids
for the annual Curb and Gutter Replacement Contract at various locations for fiscal
year 2000-01. (S4000.S.3.2)
SUMMARY: Plans and specifications have been completed for the curb and gutter
replacement project at various locations. The project is ready to be advertised for bids.
The estimated construction cost is $70,000.
Councilman Slater asked if an additional location of approximately 10 feet could be
added to this contract. The Director of Public Works indicated this would be acceptable.
MOTION - Slater
SECOND - Mayor Coontz
AYES - Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez, Murphy
Moved to approve plans and specifications as recommended with the addition of 10 feet
of curb and gutter at 1475 Jamestown Way, property owners Nick and Joanne Turpstra,
and authorized advertising for bids for the 2000-01 Curb and Gutter Replacement
Program.
FISCAL IMPACT: Funds in the amount of $80,000 are budgeted in Account 262-5021-
427100 (Measure M-Contractual Services).
CLAIMS (C3200.0)
3.9 The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Steve Peterkin
b. Virginia Roney
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Contract change order with California Retrofit, Inc. for city buildings lighting
retrofit. (A2100.0 AGR-3547)
SUMMARY: California Retrofit, Inc. was awarded a contract in the amount of $72,820
for retrofit oflighting in city buildings to a more energy-efficient system. The cost of
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CITY COUNCIL MINUTES
November 14, 2000
3. CONSENT CALENDAR (Continued)
this work will be recovered over the next six years through reduced electrical energy
bills. Additional work is needed to improve illumination levels in certain areas and
include lights not in the original contract. The estimated cost of this change order is
$25,444.
ACTION: Approved a contract change order in the amount of $25,444 with California
Retrofit, Inc. and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: There are sufficient funds in account 725-5028-481200-1603
Lighting Replacement and Retrofit.
3.11 Award of Contract - Bid No. 001-09; Project SP-326S, Phase 2; Fire Station No.8,
Landscape and Irrigation Improvements. (A2100.0 AGR-3633)
SUMMARY: The project improvements include the construction of an automatic
irrigation system and landscape improvements including trees, shrubs, and ground cover
for Fire Station No.8 located at 5275 E. Carver Lane.
ACTION: 1) Awarded a contract in the amount of $69,992.00 to Trugreen Landcare Inc.,
6683 Marine Way, Irvine, CA 92618, and authorized the Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in account 562-3021-481200-
2683, $116,820 (Temporary Fire Station No.8)
3.12 Award of Professional Engineering Services Contract for Community Development
Block Grant (CDBG) Project, Walnut Avenue Storm Drain Improvements (D-13S).
(A2100.0 AGR-3632)
SUMMARY: This contract authorizes the Consultant to provide field surveying,
geotechnical investigation, engineering reports, and preparation of plans, specifications
and cost estimates for the Walnut Avenue CDBG Storm Drain Improvement project.
ACTION: Approved a contract with Thielmann Engineers in an amount not to exceed
$34,620.00 and authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and
available in account 310-9645-483400-5386 (Detail 16132) $336,074 (Community Dev.
Block Grant).
3.13 Change Order No. One for Santa Fe Depot Improvements. (A2100.0 AGR-3560)
SUMMARY: It is recommended that the City Council approve change order number one
to Hondo Company, Inc. in the amount of$13,633 for several construction improvements
to the Millennium Clock and Veterans Memorial Fountain at Santa Fe Depot Park.
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November 14, 2000
3. CONSENT CALENDAR (Continued)
ACTION: Approved change order number one to Hondo Company, Inc. in the amount of
$13,633 and authorized staff to process payment.
FISCAL IMPACT: Funds are budgeted for this project in account 500-7021-481200-
0970 (Depot Park- Millennium Clock! Veterans Fountain), $13,633
RESOLUTIONS
3.14 RESOLUTION NO. 9349 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2000-04 adjusting lot lines of certain real property situated at the southeast corner of
Newport Boulevard and Santiago Canyon Road and southwest corner of Jamboree Road
and Santiago Canyon Road in the City of Orange, County of Orange, State of California.
Owner: The Irvine Company, a Delaware Corporation
(NOTE: The wording of the title of Resolution No. 9349 was corrected from what was
indicated on the Agenda)
ACTION: Approved.
3.15 RESOLUTION NO. 9350 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2000-06 adjusting lot lines of certain real property situated at 480 South Batavia
Street in the City of Orange, County of Orange, State of California.
Owners: Sisters of St. Joseph of Orange, Inc. and St. Joseph College of Orange, a
Corporation
ACTION: Approved.
3.16 RESOLUTION NO. 9351 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2000-07 adjusting lot lines of certain real property situated at north of Katella Avenue
east of Santa Ana River in the City of Orange, County of Orange, State of California.
Owner: Syufy Enterprises, A Limited Partnership
ACTION: Approved.
3.17 RESOLUTION NO. 9353 (A2100.0 AGR-0233.C)
A Resolution of the City Council of the City of Orange approving amendment of the
Joint Powers Agreement for the Orange County Cities Risk Management Authority.
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November 14, 2000
3. CONSENT CALENDAR (Continued)
ACTION: Approved.
3.18 RESOLUTION NO. 9354 (C2300.E)
A Resolution ofthe City Council of the City of Orange (A) Adopting findings offact, (B)
Readopting a Statement of Overriding Considerations, and (C) CertifYing the adequacy of
final Environmental Impact Report No. 1278, as supplemented by the Supplement to
Final Environmental Impact Report 1278, prepared for the City of Orange General Plan
Amendment No. 2-88-A.
City of Orange
Supplemented Environmental Impact Report 1278, Santiago Hills II
ACTION:
Approved.
3.19 RESOLUTION NO. 9355 (C2300.E)
A Resolution of the City Council of the City of Orange upholding the recommendation of
the Planning Commission and approving the General Plan classification of property
generally located between Jamboree Road and the Eastern Transportation Corridor, south
of Irvine Regional Park. Also included is a parcel located west of Jamboree Road and
north of Chapman Avenue.
General Plan Amendment No. 2-00
Applicant: The Irvine Company, Santiago Hills II
ACTION: Approved.
SPECIAL EVENTS
3.20 Request for temporary suspension of permit parking restrictions within Permit
Parking "Area A" (Downtown Area), for a special event at Chapman University.
SUMMARY: Chapman University will host their annual Orange County Economic
Forecast on Thursday - December 7'h, 2000. Due to anticipated attendance, it may be
necessary to park in the surrounding residential neighborhood, which restricts on-street
parking except by permit. (S4000.S.3.1.1)
ACTION: Approved.
FISCAL IMP ACT: None.
MOTION - Slater
SECOND - Spurgeon
AYES - Slater, Mayor Coontz, Spurgeon
ABSENT - Murphy, Alvarez
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CITY COUNCIL MINUTES
November 14,2000
3. CONSENT CALENDAR (Continued)
Items 3.6 and 3.8 were removed and heard separately. All remaining items listed under
the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR COONTZ - None.
S. REPORTS FROM COUNCIL MEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS _ None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 20-00 (SECOND READING) (ZI500.0)
An Ordinance of the City Council of the City of Orange approving a zone change request to allow
the reclassification of property located at 487 North Equestrian from A-I to R-I-40.
Zone Change 1206, Applicant: James A. Shab
MOTION - Spurgeon
SECOND - Slater
AYES - Slater, Mayor Coontz, Spurgeon
ABSENT - Murphy, Alvarez
Moved that Ordinance No. 20-00 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 22-00 (FIRST READING) (ZI500.0)
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code and approving the pre-zoning of property located between Jamboree Road and
the Eastern Transportation Corridor, south of Irvine Regional Park, currently in unincorporated
territory within Orange's Sphere of Influence and the re-zoning of property located west of
Jamboree Road, north of Chapman Avenue.
Zone Change and Pre-Zone Change 1204-00, Ordinance Amendment 22-00
Applicant: The Irvine Company, Santiago Hills II
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November 14,2000
9. LEGAL AFFAIRS (Continued)
MOTION - Spurgeon
SECOND - Slater
AYES - Slater, Mayor Coontz, Spurgeon
ABSENT - Murphy, Alvarez
Moved that Ordinance No. 22-00 be read by title only and same was set for second reading by
the preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 4:55 p.m. to a Closed Session for the following purposes:
a. Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
Property: Parcel located at NW comer of Spring and McPherson
Negotiating Parties: Union Pacific Railroad and City of Orange
Under Negotiation: Price and Terms of Payment
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City negotiator: Personnel Director Steven Pham
Employee Organizations: Fire and Police
c. To consider and take possible action upon such other matters as are orally announced by
the City Attorney, City Manager, or City Council prior to such recess unless the motion
to recess indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
TAPE 740
Robert Boice, 143 N. Pine, spoke in favor of appointing Carolyn Cavecche to fill the upcoming
vacant Council seat as she was the candidate who received the next highest votes in the recent
election
Mayor Coontz asked the City Attorney to explain the process involved in filling the upcoming
vacant Council seat. The City Attorney reported state law provides for the City Council to
appoint someone to fill the vacant seat or call for a special election. If an election is called, the
Council also has the option to make an interim appointment until the election, which would be
held in June 2001. He pointed out that Councilman Spurgeon would not be on the Council when
the decision is made, that only the four remaining Councilmembers would be participating in this
decision. The Council has 30 days from the commencement of the vacancy, which would be
December 5th, to make the appointment. If an appointment is not made, then a special election is
called.
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12. PUBLIC COMMENTS (Continued)
Alex Mintzer, address on file, also spoke in support of appointing Carolyn Cavecche and asked
for comments on the recent political mailers from A WG PAC.
Mayor Coontz remarked this had been a "dirty" election which ultimately hurts the City, and did
not condone the recent independent mailers and the illegal fliers that were circulated. She
suggested the Council put the election behind them and get back to the business ofthe City.
Councilman Alvarez pointed out the AWG PAC is identified as the Airport Working Group, and
had hoped they would have been contacted and asked to stop the mailers.
The following people also spoke in favor of appointing Carolyn Cavecche to fill the upcoming
vacant Council seat as she was the candidate who received the next highest votes in the recent
election. They commented an appointment should be made as an election would be too costly,
and a full Council should be in place to prevent tie votes
Mark Clemens, 146 N. Shaffer
Shameeron Parr, 479 N. Wrightwood
Joan North, 1218 E. Chalynn
Jon Dumitru, 860 N. Kathleen
Tim Volk, 617 Brambles Way
Alex Ciavola, address on file
Bill Parker, 980 Wanda Road
Karen Ottoson, 255 S. Craig
Mara Brandman, 7319 Equitation Way
Michelle Washington, 897 N. Red Robin
David Washington, 897 N. Red Robin
Jim Cline, 2603 Riding Way
John Wetterholm, 1879 N. Lincoln Street
Bruce Bromberger, 536 Elizabeth Drive
Ted Endres, 1010 River Lane, commented on the need to protect and preserve Santiago Creek
and create trails along the Creek.
Howard DeCruyenaere, Santiago Creek Greenway Alliance, commented on the need to create
open space along Santiago Creek and pointed out the oversight of not including a bicycle trail
undercrossing at the Chapman Avenue bridge east of the 55 Freeway. The Director of Public
Works pointed out Caltrans is the agency involved with the Bridge construction.
Councilman Slater introduced Mr. Martin Gleeson, Councilmember from Orange, New South
Wales, Australia, who was visiting here from the City's Sister City.
Mr. Gleeson stated he had been observing the election process while he was here. He commented
on the differences and similarities between the two countries and thanked the City Council for
their hospitality.
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CITY COUNCIL MINUTES
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13.
PUBLIC HEARINGS
TAPE 2440
13.1 CONDITIONAL USE PERMIT NO. 2347-00, VARIANCE NO. 2088-00,
LIS GIUSTO - 374 N. CAMBRIDGE STREET: (C3300.0)
NOTE: Councilman Slater abstained from this hearing due to a business conflict and left the
dais. Item 13.2 was heard before this item.
Time set for a public hearing to consider conditional Use Permit No. 2347-00, a proposal to
allow the construction of a new 1-1/2 story accessory second unit over a new garage/workshop
and Variance No. 2088-00, a proposal to reduce the required rear yard setback, upon property
located at 374 N. Cambridge Street. NOTE: This project is categorically exempt from the
provisions of the California Environmental Quality Act per State CEQA Guidelines Section
15332 and Local Adopted CEQA City Exemptions (d).
The Director of Community Development reported the applicant is proposing to construct a 1-
1/2 story detached accessory second housing unit over a new garage/workshop, which requires a
Conditional Use Permit. A variance is requested to reduce the required rear yard setback from
the required 10 feet to five feet. The height of the entire structure is only 19 feet, which is
considered 1-1/2 stories.
Councilman Alvarez asked about the five foot rear setback and why the building size was not
reduced in order to meet the required 10 foot setback and if other designs were considered for the
unit.
The Director of Community Development reported several designs were looked at for this
second unit and it was determined the size of the upstairs housing unit needed to be the required
minimum 450 square feet and also in direct relationship to the garage building.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Lis Giusto, property owner, stated their intent is to have a small non-descript second unit and
have agreed to the conditions of the proposal.
THERE BEING NO OTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION - Alvarez
SECOND - Spurgeon
AYES - Mayor Coontz, Spurgeon, Alvarez
ABSENT - Murphy, Slater
Moved to find that the project is categorically exempt from CEQA per Section 15332 of the State
CEQA Guidelines and Local Adopted CEQA City Exemptions (d).
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13. PUBLIC HEARINGS (Continued)
MOTION - Alvarez
SECOND - Spurgeon
AYES - Mayor Coontz, Spurgeon, Alvarez
ABSENT - Slater, Murphy
Moved to approve Conditional Use Permit No. 2347-00 as outlined in Planning Commission
Resolution No. PC-61-00.
MOTION - Alvarez
SECOND - Spurgeon
AYES - Mayor Coontz, Spurgeon, Alvarez
ABSENT - Slater, Murphy
Moved to approve Variance No. 2088-00 as outlined in Planning Commission Resolution No.
PC-62-00.
13.2 PRE-ZONE CHANGE NO. 1207-00, MUSKOKA DEVELOPMENT _ WEST SIDE
OF MEADS AVENUE, APPROXIMATELY 400 FEET SOUTH OF SANTIAGO
CANYON ROAD: (ZI500.0)
Time set for public hearing to consider a proposal to pre-zone two I-acre parcels of land to the
City's R-I-40 (Single Family Residential, minimum one acre lot size) Zoning Classification,
upon property located on the west side of Meads Avenue, approximately 400 ft. south of
Santiago Canyon Road. The properties are currently in an unincorporated area of Orange
County. This application has been filed to allow for annexation ofthe properties to the City.
NOTE: This project is categorically exempt from the provisions ofthe California Environmental
Quality Act.
The Director of Community Development reported this is a proposal to pre-zone two I-acre
parcels of land to the City's R-I-40 (Single Family Residential, minimum one acre lot size)
Zoning Classification. The properties are currently in an unincorporated area of Orange County,
in Orange Park Acres, and two houses are currently under construction on this property. The
applicant is seeking annexation into the City in order to connect to the City sewer and a pre-zone
change is necessary prior to annexation.
Mayor Coontz asked about the curb and gutter issue along Meads and how it is being resolved.
The Director of Community Development reported the County had a requirement for street
improvements on Meads, which included the curb, gutter and sidewalk, and required the
applicant to post a bond in the amount determined for these improvements. This bond was
ultimately paid to the City for these improvements. The City has no immediate plans to improve
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13. PUBLIC HEARINGS (Continued)
Meads; however, after discussions with the applicant and Orange Park Acres community, it was
determined that when the City is ready to develop Meads they will put in rolled curb and leave
ten feet for future trails. With regard to the driveway, the developer has agreed to put in a dirt or
decomposed granite type driveway that would accommodate a trail in the future. These
conditions are all acceptable to the developer
The Director of Public Works stated that when there is spot development such as this, the City
typically requires a bond or cash deposit in lieu of construction. When the street is ultimately
developed, that bond or cash deposit is utilized, at that time, to fund the portion of the street
improvements that are front ofthe property.
Mayor Coontz asked if this issue is included in the conditions for approval, as City standards are
different from the County, especially in Orange Park Acres.
The Director of Community Development stated it is not in the conditions because it is a pre-
zone and the City can not condition any type of development on the property. However, if the
Council wishes to have the street conform to a rural standard, the City can transmit this to the
County during the annexation process.
Councilman Alvarez asked if the Orange Park Acres Committee reviewed this project and how
the Council could transmit their concerns to the County in a more formal manner.
The Director of Community Development reported the County notified property owners within
300 feet of the project, although some residents in Orange Park Acres stated they were not aware
of it. The City's pre-zone change proposal did not go through the Committee. With regard to
notifYing the County, she stated a letter could be sent to the County with the concerns and
recommendations on the street improvements for consideration during the LAFCo annexation
hearing.
The City Attorney indicated any finding by the Council would not be binding to the County but a
letter can be transmitted with the Council's concerns.
MAYOR COONTZ OPENED THE PUBLIC HEARING
Brian Kerr, Developer of the property, stated he is requesting annexation to the City for sewer
purposes.
Chuck McNees, 11211 Orange Park Boulevard, representing the Trails Committee in Orange
Park Acres, stated the recreation trail runs directly in front of these two homes. They are
concerned about the trail and the approaches to the residences, specifically as it makes the
transition from the County to the City. They are working with both City and County staff in
determining what needs to be in place so it stays in a rural setting.
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November 14, 2000
13. PUBLIC HEARINGS (Continued)
Mayor Coontz pointed out there is a County Trails Committee and they need to determine what
the process is in transmitting these issues to the County, as there will be more annexations in the
future.
Bob Bennyhoff, 10642 Morada Drive, suggested the City start working on problems they face
with annexations, particularly regarding streets, curbs, gutters, trails and sidewalks. He
suggested, as Chair of the Orange Park Acres Committee, that the Committee meet to determine
and present the community's desires and needs for annexed properties. There should be a series
of meetings with community leaders, the OP A Committee, Trails Committee and City staff to
address annexation issues.
Doug Schirripa, 10388 S. Randall, spoke in opposition to the annexation. His property is
contiguous to the subject property, and pointed out he is hooked up to a sewer while not part of
the City.
Mayor Coontz stated the Council recognizes the problem with County island properties and
those who want to annex into the City and those who don't.
In response to questions by Councilman Alvarez regarding the trail in front of his property, Mr.
Kerr stated he originally posted cash in lieu of improvements with the County when starting the
annexation proceedings, but that cash was subsequently given to the City since it was the City's
responsibility. It was his understanding he was not going to make any improvements in front of
his property except perhaps a decomposed granite trail. There appears to be a conflict between
the City and the County if the improvements are to be made; but the buyers of these two houses
will have horses and it is agreeable to him to leave the granite trails, if that is what the local
community desires. His main goal is to be hooked up to the sewer.
Mayor Coontz reiterated that the Applicant will be annexed, get the sewer hookup and will
accept the decomposed granite. She pointed out the City Manger sits on the County Annexation
Committee and may be able to help follow through with this.
Councilman Alvarez pointed out the City needs some type of vehicle in order to make a finding
and suggested perhaps language can be added to the motions to help solidify the Council's desire
to maintain the property in conformance with the Orange Park Acres Design Guidelines.
In response to a question by the City Attorney, Mr. Kerr stated he was told by the City he had to
annex in order to get a sewer hookup because the property is contiguous to City property, and
that if the property was not contiguous he could hook up with just a fee.
Mayor Coontz asked Mr. Kerr ifhe wanted to annex or not. Mr. Kerr reiterated that he was told
by the City that it was necessary.
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November 14, 2000
13. PUBLIC HEARINGS (Continued)
The Director of Public Works stated it is a statutory requirement that in order for a City to extend
utility service outside its boundaries, the property annexed to the City be contiguous. It does not
preclude the City from extending service to non-contiguous properties. Under California law,
non-contiguous properties can not be annexed. However, there is a pre-existing agreement with
the County Sanitation Districts which pre-dates that statute which allows the City to extend
sewer service to contiguous properties without annexation if they enter into a sewer agreement,
which includes a waiver of the right to protest future annexations. The City has been processing
these types of agreements.
The City Manager suggested City staff can review this issue and get back to Mr. Kerr. The City
is working very diligently with the County, and agreed there are issues which need to be
addressed for annexations in general. He recommended the Council proceed with the current
understanding that the applicant has with the City, but if another alternative is found, then that
option can be left open.
THERE BEING NO OTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
The Council discussed the issue of the in-lieu cash being paid to the City rather than the County,
giving the City more control over the design standard issues. It is within the City's purview of
what improvements are or are not done.
MOTION - Alvarez
SECOND - Spurgeon
AYES - Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - Murphy
Moved to find that the project is categorically exempt from CEQA per Section 15319 ofthe State
CEQA Guidelines.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - Murphy
Moved to approve Pre-Zone Change 1207-00 as outlined in Planning Commission Resolution
No. PC-63-00.
Mayor Coontz asked that a clear understanding of this discussion be included in the Minutes.
Councilman Spurgeon reiterated the need for the suggestions raised by Bob Bennyhoff
concerning the need for the City, County and Orange Park Acres community to work together in
resolving some of the confusion raised by piecemeal annexations.
PAGE 15
CITY COUNCIL MINUTES
November 14, 2000
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Spurgeon
SECOND - Alvarez
AYES - Mayor Coontz, Spurgeon, Alvarez
ABSENT - Murphy, Slater
The City Council adjourned at 8:30 p.m. in memory of Carl Schroeder.
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