04-12-1994 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
APRIL 12, 1994
The City Council of the City of Orange, California convened on April 12, 1994 at 3:00 P.M. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
3:00 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - Spurgeon, Mayor Beyer, Coontz, Murphy ABSENT -
Barrera NOTE: Mayor
pro tem Barrera arrived at 3:05 P.M.1.3
APPROVAL OF MINUTES Adjourned Regular
Meeting March 14, 1994.MOTION - Murphy
SECOND - Coontz AYES -
Spurgeon, Mayor Beyer,
Coontz, Murphy ABSENT - Barrera ACTION: Approved.Regular
Meeting March 15,
1994.MOTION -
Coontz SECOND - Murphy AYES - Spurgeon,
Mayor Beyer, Coontz,
Murphy ABSENT - Barrera
ACTION: Approved.Regular Meeting March 22, 1994.
MOTION - Spurgeon SECOND -
Coontz AYES -
Spurgeon, Mayor Beyer, Coontz, Murphy
ABSENT - Barrera ACTION:
Approved.1.4
PRESENTATIONS/ ANNOUNCEMENTS/INTRODUCTIONS - None PAGE 1
CITY COUNCIL MINUTES APRIL 12, 1994
1.5 PROCLAMATIONS
Proclamation honoring Martha McEwan on her retirement from the Orange Public Library
Board of Trustees, after more than ten years ofloyal and dedicated service to the City of
Orange, was presented.
Proclamation honoring National Library Week April 17-23, 1994 was presented to
Gary Wann, Library/Community Services
Director.2.CONSENT CALENDAR TAPE
300 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of
a regular meeting of April 12, 1994, at Orange Civic Center, Main Library, Police facility
at 1107 North Batavia and the Eisenhower Park Bulletin Board; 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.2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in
payment of
demands.ACTION:
Approved.2.3 Request Council approve proposal from ITX Technologies to furnish
pavement reinventory and condition assessment services. Sole source because of
pavement management software program. (S4000.S.7 and A2100.0.Agr.
2204)FISCAL IMPACT: Funds are budgeted in Account No. 262-
5001-426700 (Other Professional and Consulting Services) (
Measure M
funding).ACTION: Approved.2.4 Request for temporary closure of 100 block of South Orange Street on May
6, 1994 for YWCA fundraiser. (
S4000.S.4)FISCAL
IMP ACT:
None.ACTION: Approved.2.5 Request from Chapman University for temporary suspension of
Permit Parking restrictions on May 28 and 29, 1994 for their annual Baccalaureate
and Commencement exercises.S4000.S.
3.1.2)FISCAL
IMP ACT:
None.ACTION:
CITY COUNCIL MINUTES APRIL 12, 1994
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEP ARATEL Y)
2.6 Request Council approve Contract Change Order No. 1 and Final in the amount of
5,596.59 to Sully Miller Contracting Company for Culver Avenue from Lemon Street to
Glassell Street; Bid No. 934-09; S.P. 3049. (A2100.0.Agr.
2100)FISCAL IMP ACT: Sufficient funds have been budgeted in Community
Development Block Grant funds for this
project.The City Engineer explained the reason for the Change Order was due to
miscalculations by the Public Works staff regarding the quantities involved with the bid. To prevent
this from happening in the future, the Public Works staff will double check the
quantities.ACTION: Approved. (See Item 2.9 for Council
action.)2.7 Request Council approve a Contract Change Order to Bid No. 934-12 in the
amount of 23,974.00 to R. 1. Noble Company to construct a concrete bus bay on the east
side of Tustin Street between westbound Taft Avenue and eastbound
Taft Avenue.A2100.0.
Agr.2189)FISCAL IMPACT: $98,205.00 has been budgeted in Tustin Bus Bays for
this project.
ACTION: Approved.2.8 Request Council approve Tract Map No. 14848 and accept the dedication
of the easements, access rights and public utilities and appurtenances as dedicated on
the map.Location: North side of Walnut Avenue between Prospect Street and
Gravier Street.
T4000.0)FISCAL
IMPACT: None.
ACTION: Approved.REMOVED AND
HEARD SEPARATELY)2.9 Request Council authorize receipt of $8,500.00 gift from the Friends of the
Orange Public Library Board of Directors and allocate $8,500.00 to Fund 200-11220. (
C2500.I.1)FISCAL IMPACT: Increase in Library's budget to purchase library materials
and a CD-ROM based
information system workstation.Councilwoman Coontz recognized the gift of$8,500.00 from the
Friends who have consistently donated twice that amount yearly to the Library. The Friends
are interested in knowing how the money will be allocated. It was requested that
their continual donations be shown in future budgets. The City Manager
acknowledged the request.
MOTION - Coontz SECOND -
Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy
Page 3
CITY COUNCIL MINUTES APRIL 12, 1994
2 CONSENT CALENDAR (Continued)
ACTION: Approved Items 2.6 and 2.9.
2.10 CLAIM FOR DAMAGES FROM: (C3200.0)
Felipe Garcia Bravo
David King
Hillcrest Homeowners Association
Steve Perkins
Richard Humphrey
Lucille Hardin
Cheri A. Edwards
Robert Joseph Bowen
FISCAL IMPACT: None.
ACTION: Denied claims and referred to City Attorney and Adjuster.
2.11 Request Council authorize the award of Bid Number 934-18 for three utility trucks,
to Prestige Ford Sales, Inc., San Gabriel, CA in the amount of $67,090.00 and reject all
other bids. (A2100.0.Agr.
2205)FISCAL IMPACT: There are sufficient funds in Vehicle Replacement
Fund.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.2.12 Request Council authorize the Finance Director and Purchasing Officer to participate
in the Federal Government Surplus Property Program known as Distribution and Reuse
of Materials Organization (DRMO). (C2500.J.
l)FISCAL IMP ACT:
None.ACTION:
Approved.2.13 Request Council authorize the City Manager to sign a letter allowing Southern
California Gas Company to release certain confidential information to the City. (FII00.
0)FISCAL IMPACT: Undetermined at this
time.ACTION: Authorized City Manager to sign letter on behalf of the
City.2.14 Request Council approve the 1994 contract for C.O.P.S. Expo. (A2100.0.Agr.1372.
F)FISCAL IMPACT:
None.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.Page
CITY COUNCIL MINUTES APRIL 12, 1994
2. CONSENT CALENDAR (Continued)
2.15 Request Council appropriate $51,500.00 to Account 100-4011-429500
for POST reimbursable training and $60,000.00 to Account 355-4071-412101
for overtime for two detectives on loan to the Regional Narcotics Suppression
Program (RNSP). The POST training is approximately 95% reimbursable and the overtime for
the two detectives is 100% reimbursed by
the County. (C2500.K)FISCAL IMP ACT: There is no fiscal impact for
the RNSP appropriation, since expenditures are 100% reimbursed. The General Fund will be impacted
to the extend that POST expenditures are not reimbursed,
approximately $5,
500.00.ACTION:
Approved.MOTION - Murphy
SECOND - Spurgeon AYES - Spurgeon, Barrera, Mayor Beyer, Coontz,
Murphy Items 2.6 and 2.9 were removed and heard separately; all remaining items on the
Consent Calendar were approved as
recommended.END OF CONSENT
CALENDAR 3.REPORTS FROM MAYOR BEYER TAPE
449 3.1 Status report from Mayor Beyer on EI Toro Marine Base reuse. - None
3.2 Appointment of Councilman Mike Spurgeon to the Executive Council ofthe El Toro
Reuse Planning Authority (ETRPA). (ORI800.0.3.18.1)
MOTION - Mayor Beyer SECOND -
Murphy AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to approve
the appointment. The City Clerk was instructed to agendize Councilman Spurgeon's first
report to Council on April 19, 1994.4.REPORTS FROM
COUNCILMEMBERS TAPE 484 4.1 Report
from Councilwoman Coontz on Orange County Integrated Waste Management Commission decision and
recommendation to the Orange County Board of Supervisors.ORI800.3.14)
Councilwoman Coontz gave
an oral report indicating that recently the Council made a decision to implement the $1.
04 increase for the user trash fee. The Commission, at a recent meeting,reviewed the five
year plan for the County of Orange and the proposal by the Waste Management Page 5
CITY COUNCIL MINUTES APRIL 12, 1994
4. REPORTS FROM COUNCILMEMBERS (Continued)
Director and staff to increase the gate fees at the landfilIs which amounted to 60 cents per month
for the City of Orange, and $1.00 per month for most other cities. A number of the
commissioners felt they were on a rolIer coaster ride with the County. A memorandum was
submitted, from a minority group of commissioners, to the Board of Supervisors.
The problem is the County has projected $33.9 million dollars of capital projects which the
minority group thinks cannot be accomplished in the next fiscal year along with $22.9 million
dollars mandated compliances. There is a 25 million dolIar reserve fund. The minority group
does not want the user to have to continue paying for problems that could be addressed in other
ways.
The report went to the Board of Supervisors who pulled the item off their agenda and ordered it
back for a change of vote and direction from the entire commission. The Director of the Waste
Management Commission sent word today, that based upon the Waste Management Commission
Local Task Force Minority Report, it was requested that a review of the gate fee recommendation
be held at their April 14th meeting.
Bob Bennyhoff, 10642 Morada Dr., talked with two supervisors and they indicated the $5.00
increase would not fly, since there were not three votes from the Board of Supervisors.
TAPE 618
4.2 Report from Councilwoman Coontz expressing concerns regarding Theo Lacy
expansion. (OCI300.J)
Councilwoman Coontz reported Raul Ramos representing the Orange County Sheriff publicly
stated there would be an expansion of 600 beds at Theo Lacy Jail. Councilwoman Coontz stated,
This whole saga is a history of broken promises and agreements with the City."
Councilwoman Coontz outlined the following concerns:
According to Police Chief Robertson, the prisoners are being released at one minute after
midnight on order of the court or because they posted bail. The City was told this would not
happen because of the recently built Intake and Release Center.
The last agreement with the County was for the extension of Metropolitan Drive and the City
would pay for the cost of Metropolitan Drive as well as the relocation of the animal kennels.
Metropolitan Drive is vital to the future of the entire office/professional community of the City of
Orange and has regional significance because of the 1-5 widening. The City needs
the development of Metropolitan Drive in order to take care of the traffic coming from the
1-
5 freeway.Another concern is the future potential of The City Shopping Center and other
properties. There are 151 acres with approximately 20 acres of right-of-way. For the City'
s future, the development of this area involves sales and property tax generation. The jail now is
high security
CITY COUNCIL MINUTES APRIL 12, 1994
4. REPORTS FROM COUNCILMEMBERS (Continued)
Councilwoman Coontz and the City Manager met with Supervisor Steiner yesterday to discuss
the issue. It was felt the County will go ahead and add the cells no matter what is good for the
City of Orange. With "three strikes and you're out," the County will have to have another jail, and
should start looking for one now. Musick is a property available, however, the Board of
Supervisors has agreed among themselves not to place a jail on that location.
The City is not receiving any money from the County for the agreements. If they are going to
move up the ante, the City should move it up. The City needs to fight the jails and tell the County
the City cannot afford to keep on taking and taking with just a handshake.
The City Manager should be delegated by the Council to discuss the jail with the Board of
Supervisors.
The City Manager commented he has met with the County regarding Metropolitan Drive and
hopes they will keep their word on assisting the City with the design and acquisition of the right-
of-way. On-going meetings will be held on this issue with the possibility of some type
of in-lieu fee if the City will be impacted by the special facilities. The City Manager
will keep Council apprised
of the meetings.The Traffic Engineer indicated the concept was to secure the right-of-
way, the extension of the roadway
and develop a shelf-ready project.Bill Leming, 2720 E. Walnut, commented this will be the largest
jail in the County and is inconsistent with the City's General Plan. If the City Shopping Center
area is not regenerated in a manner that will generate serious dollars, services cannot notbe provided
for the future. TR W is not generating any sales dollars. The Redevelopment Agency needs
to play an important role in this regeneration. Mr. Leming asked the following questions:
What is the agreement the County has regarding the 100 acres at Musick? Did the County spend
over $1,000,000 to increase security measures at Orangewood, and where did the funds come from?
How far is it from the sleeping quarters of Orangewood to the jail? What are the
County's plans for the abandoned Library? Do the County and Sheriff have technical security plans in
case
of a hostage situation at Orangewood?Bob Bennyhoff, 10642
Morada Drive presented the following recommendations:Let's not sue anyone; the City has spent a lot of the
taxpayers money in the past. The Supervisors will not
pay any attention to the agreements.The Council should get real mean and ask Theo
Lacy questions at every Council meeting.It would be possible to extract something in return for the County
going back on their word and the City should insist the County pay for
the relocation of the animal shelter.The County is working on an EIR that is to be released within
three weeks that will provide for maximum security prisoners, and they plan to build 410 dormitory
beds, and 121
single cells
CITY COUNCIL MINUTES APRIL 12, 1994
4. REPORTS FROM COUNCILMEMBERS (Continued)
Suggest Council formally request Supervisor Vasquez to interest himself in the Theo Lacy
problem for the citizens of Orange that he represents.
Council should make up their minds what type of gimmes they want, and have the County give
the City something in return, and in addition, help the City plan, design and finance Metropolitan
Way.
MOTION - Coontz SECOND -
Spurgeon AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to officially
designate the City Manager as the City's representative to work with the Board of Supervisors
or any other agency regarding this issue, report back to Council, and to accomplish something successful
for the City of Orange. In addition, leave it to the discretion of the City Manager
to place Theo Lacy on the Agenda as he sees fit.OFF-AGENDA ITEMS
1. Councilman
Spurgeon requested the City Manager investigate and report to Council the costs of the
recently distributed Water Department Quality Report to the community at a cost of 10,400.
It was further asked if this should be done in the future or if it could be curtailed. Also,what budget
line item was this covered under?2. Councilman
Murphy reported he was contacted by a homeowner from Crest-de- Ville who lost his
home in the recent fire and requested building permits be waived. Other cities in Orange County
waive building permits when homes are destroyed by fires. The City Manager was instructed
to provide a report for the next agenda.5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE
REPORTS - None 7. REPORTS FROM
CITY MANAGER - None 8.LEGAL AFFAIRS TAPE
1726 8.1 RESOLUTION NO.
8321 A Resolution of the
City Council of the City of Orange upholding the recommendation of the Planning Commission of the
City of Orange and granting a Conditional Use Permit to allow development of a commercial
recreation facility on an existing junior high school site upon property situated at the
northwest corner of Meats Avenue and Canal Street. (C3300.0)Conditional Use Permit 2050-
93 Applicant: Super Sports,
Inc. Golf Division and Orange Unified School District.Page 8
CITY COUNCIL MINUTES APRIL 12, 1994
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
Murphy Coontz
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy That Resolution No.
8321 as introduced be adopted and same was passed and adopted by the preceding vote.8.
2 RESOLUTION
NO. 8322 A Resolution of
the City Council of the City of Orange approving the Memorandum of Understanding between the
City of Orange and the City of Orange Police Association concerning wages, salaries and
other terms and conditions of employment effective March 6, 1994 through June 24, 1995
and repealing Resolution No. 7497 and amendments thereto for said employees.C2500.J.4.
2)MOTIONSECOND AYES
Spurgeon
Murphy
Spurgeon,
Barrera, Mayor
Beyer,
Coontz, Murphy That Resolution No. 8322 as
introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION
NO. 8324
A Resolution of the City
Council of the City of Orange approving the Memorandum of Understanding between the City of
Orange and the Police Management Association concerning wages, hours and other terms
and conditions of employment effective March 6, 1994 through September 30, 1995 and repealing
Resolution No. 7498 and amendments thereto for said employees. (C2500.J.4.2.
1)MOTION SECONDAYES Murphy Coontz
Spurgeon,
Barrera,
Mayor
Beyer, Coontz,
Murphy That
Resolution No. 8324 as introduced be adopted
and same was passed and adopted by the preceding vote.8.4 RESOLUTION NO. 8325 A
Resolution of
theCity Council of the
City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 934-
09; Sully Miller Contracting Company; Culver Avenue from Lemon Street to Glassell Street. (
A2100.0.Agr.2180)MOTION SECOND AYES Spurgeon Coontz Spurgeon, Barrera,
Mayor
Beyer,
Coontz,
Murphy Page
9
CITY COUNCIL MINUTES APRIL 12, 1994
8. LEGAL AFFAffiS (Continued)
That Resolution No. 8325 as introduced be adopted and same was passed and adopted by the
preceding vote.
8.5 RESOLUTION NO. 8326
A Resolution of the City Council of the City of Orange approving the reclassification of one full
time Library Page (Position #658) at Salary Range 253: $1260 - $1615, to Library Assistant,Salary
Range 359: $1936 - $2480, assigned to the Children's Section and amending the Professional, Technical &
Clerical, Resolution No. 7614 to delete the classification of20-hour Media
Assistant (position #680). (C2500.I)MOTION
SECOND
AYES
Coontz
Murphy Spurgeon,
Barrera,
Mayor Beyer, Coontz, Murphy That Resolution No.
8326 as introduced be adopted and same was passed and adopted by the preceding vote.8.
6 ORDINANCE
NO. 7-94 An Ordinance
of the City Council of the City of Orange amending Section 5.10.080 A of the Orange Municipal
Code relating to the reduction of business taxes for real estate developments.A2500.0)
MOTION SECOND
AYES
Coontz
Murphy
Spurgeon, Barrera,
Mayor
Beyer, Coontz, Murphy That Ordinance NO.7 -
94 have first reading waived and same was set for second reading by the preceding vote.8.7
ORDINANCE NO.
8-94 An Ordinance of
the City Council of the City of Orange amending various sections of Title 2 of the Orange Municipal
Code pertaining to administration and personnel. (A2500.0)MOTION SECOND AYES
Coontz
Murphy
Spurgeon,
Barrera, Mayor
Beyer,
Coontz, Murphy That Ordinance No. 8-94
have first reading waived and same was set for second reading by the preceding vote.9. RECESS
TO THE
MEETING OF THE ORANGE REDEVELOPMENT AGENCY Page 10
CITY COUNCIL MINUTES APRIL 12, 1994
10. ORAL PRESENTATIONS
Carole Walters, 534 N. Shaffer, complained that Bob Walters, Planning Commissioner, had acted
in a rude manner toward her at the previous Planning Commission meeting. Mrs. Walters
indicated Bob Walters had taken a video of her several years ago while she was working on a
petition drive. The video was given to the City Attorney who gave it to the City Clerk. Mrs.
Walters requested the video be erased.
Clayton Clark representing Jason Brooks, requested a waiver of Ordinance 62-62 regarding
no dancing and music between 2 and 9 A.M. on any day. They intend to have youth oriented
dances with no alcohol at a site located in the 600 block ofN. Eckhoff
Street.Mayor Beyer instructed the City Manager and the Director of Community Development to
meet with Mr. Clark and Mr. Brooks to discuss the
request.11.
RECESS
MOTION
SECOND
AYES Mayor Beyer
Barrera Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy The City
Council recessed at 4:00 P.M. to a Closed Session for the following purposes:a. Conference
with Legal Counsel -- existing litigation (Government Code Section 54956.9(a):
City of Orange
vs. Moreland & Associates, Orange County Superior Court Case No.701396.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.7:00 P.
M. SESSION 12. INVOCATION Kay
Trotter, President,
Kiwanis Club of Orange 12.1 PLEDGE
OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS -
None 12.3 INTRODUCTIONS - None
12.4 PROCLAMATIONS - None Page
11
CITY COUNCIL MINUTES APRIL 12, 1994
12.5 PRESENTATIONS - None 13.
PUBLIC HEARINGS TAPE 2057 13.
1 CONDITIONAL USE PERMIT 2037-93, DUNCAN AND ALICE CLARK:
Time set for a public hearing on petition by Duncan and Alice Clark to consider a request for a
density bonus to allow the development of a 4-unit senior housing project in an R-
3 (Multi-Family, Residential) district. The proposal also requires a conditional use
permit because development would include a 2-story building adjacent to an R-
l (Single Family Residential)district. Subject property is located on the northwest corner of Orange
Street and Walnut Avenue 500 N.
Orange Street). (C3300.0)NOTE: This item is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) per CEQA
Guidelines Section 15303(b).MAYOR BEYER
OPENED THE PUBLIC HEARING.The Director of Community Development reported the applicant is
proposing to remove the existing two small residential structures and construct four senior residential units.
It is a low medium residential designation on the General Plan which would normally
allow 6-15 units per acre and the request is an increase beyond that. The units proposed are 460
to 517 square feet in size and are restricted to seniors only. One of the units is intended
for low and moderate income occupants. Parking meets the requirement
for a senior's development.Walnut Avenue is a secondary Street with a special study
corridor status. The Department of Public Works wrote a memo citing the Council's direction to
not obtain additional dedication from residential properties until the study street status is resolved. The
dedication is not
a requirement of this approval.The Planning Commission requested in Council's consideration that
confirmation of this status be provided along with the action taken. The Planning
Commission recommended approval of the project with conditions and a requirement for affordability for one of the
four units to low and moderate income occupants. An annual report is to be provided
which includes the age and income of
all residents within the project.NOTE: The City Attorney advised the public hearing be trailed to the
end of the Council meeting because the applicant was not present. The applicant arrived at approximately 7:
25 P.M.
and the public
hearing resumed.Speaking in favor:Alice Clark, 415 N. Pine Street, commented Bob Coline who
was representing them, could not make the meeting. Mrs.
Clark gave the following points:The front yard will
be located on Orange Street.Garage door openers always
were included in the plans.The concrete block wall along the north
lot line
CITY COUNCIL MINUTES APRIL 12, 1994
13. PUBLIC HEARINGS (Continued)
It was not felt any building proposed was huge.
The project has been moved five feet eastward to compensate for the non-conforming
alley.The parcel to the south with one and one half stories was mentioned; it has a rental unit on
it.Existing pecan trees will shield the light coming from the Chapman College Athletic
Field.Window treatments will also control the
light.Common laundry room - because of complications, it has been decided to install laundry hookups
in each apartment. What first appeared on the original site plan as laundry can be used for a trash
receptacles or the irrigation control meters.
A tentative landscape plan was submitted, but until there is a decision on Walnut Street, Mrs.
Clark does not want to go any further because of $6,000 already expended and a complicated
surgery scheduled for this month. No irrigation plans have been completed. After a decision is
made they will go ahead with professional plans.
Shannon Tucker, 556 E. Culver, spoke in favor of the project. Mrs. Tucker expressed concern
over the Walnut Street issue relating it to the Queen Anne House project several years ago. Her
concern was for the proximity of the project to Walnut Street and the fact that it sits directly on
the 10 foot line.
The City Engineer commented Walnut and Cambridge Streets are determined to be study streets.
It is possible, as a result of study, that those streets could be reduced in size, assuming there are
other mitigating measures on other streets to provide for the traffic that those streets would
ordinarily carry. If the dedication is not made and if the street retains its secondary designation as
a part of this study street determination, the City would have to go in and acquire right-of-
way at such time as it was needed. If the study street study determines that it can still
accommodate the necessary volumes of traffic within the existing right -of-way, then it would
not necessitate an additional
right-of-way being taken.THERE BEING NO FURTHER COMMENTS,
MAYOR
BEYER CLOSED
THE PUBLIC
HEARING.MOTION- Murphy SECOND- Spurgeon AYES - Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved that this item is categorically exempt from the provisions
of the California Environmental Quality Act, per CEQA
Guidelines Section
15303(b).
MOTION- Coontz SECOND- Murphy AYES - Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy Moved to approve Conditional Use Permit 2037-93 as
outlined in Planning Commission Resolution No. PC-63-93, and to include
all items
CITY COUNCIL MINUTES APRIL 12, 1994
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Coontz Murphy
Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to
include and continue the policy of the City of Orange not to require dedication for this property as
Council has stated previously in a policy of 1989.The City
Manager was instructed to have the Traffic Department pursue the improvements to Walnut to
accommodate future traffic within the existing right-of-way in order to preserve the
residential character of Old Towne and to still meet the capacity of demands for the future within
a period of 120 days.
TAPE 2314
13.2 APPEAL NO. 421, VARIANCE NO. 1964-94, JOEL
LORENZ:Time set for a public hearing on petition by Joel Lorenz to appeal the decision by the
Zoning Administrator on January 27,1994 denying Variance No. 1964-94 to allow the creation
ofa lot less than the minimum lot size required. The site is zoned R-I-
6 (Residential, single family,minimum lot size 6,000 sq. ft.), while the appellant is proposing a lot 4,790
sq. ft. The General Plan designation is 2 to 6 lots per acre. The property is located at
460 N.
Milford Road.4000.0)NOTE: The project is categorically exempt from the California
Environmental Quality Act per
CEQA Guidelines, Section 15301.THE APPELLANT STATES THE FOLLOWING
REASONS FOR THE APPEAL:Administrator and staff was misinformed as to their decision. (Refer to facts listed
on
1/27/94 minutes.)1. Zoning Ordinance depth setbacks 100 ft. inconsistent with subjects
property and 12 others.Driveway approach has been
approved by Traffic Department.2. Zoning classification R-I-6 implies 7 dwellings per
acre,
which is inconsistent with General Plan.3 . Neighboring properties do not possess like options,
due to easement and setback requirements,thus eliminating and setting
no precedent for other property owners.4. Newly developed home will be constructed with
sound and noise detriment material.
Noise study report will be provided. "
MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of Community Development
described zoning of the surrounding neighborhood.The appellant is proposing the division of the existing nearly 11,000
sq. ft. parcel into two parcels,one 6,007 sq. ft, the other would be 4,790 sq. ft.
The Zoning
CITY COUNCIL MINUTES APRIL 12, 1994
13. PUBLIC HEARINGS (Continued)
because the parcel size is less than the minimum size as required by ordinance. The lot to be
created is substantially smaller than lots in the surrounding neighborhood. The proposed parcel
size is inconsistent with the General Plan designation, and it does not conform with Council's
minimum lot size policy.
Council discussion ensued relative to one corner of the additional building proposed being
positioned next to the fence which divides City property from the residential property. It was
asked if there was any knowledge of the 55 Freeway widening project as to the ultimate width.
The City Engineer indicated the project is in the design phase. The inference is that overpasses
being redesigned in conjunction with a widening project to the south are going to be raised in
height and widened so the full amount of right-of-way available is being taken, and in
some cases,additional right-of-
way is being taken.Councilwoman Coontz commented, if the the right-of-way
was made available now but needed for widening later, the City would have to compensate for
the property and any structures that might be
on it. The City Engineer concurred.Mr. Lorenz, 460 N. Milford Rd., appellant, reviewed the
reasons for his appeal. Mr. Lorenz commented with the widening of the bridge and the widening
of Walnut, there will be negative impacts on his property in the areas of pollution, noise, and lack
of privacy. Mr. Lorenz asked the Traffic Engineer if drawings were available for the widening of
Walnut and
was told they were not available.Mr. Lorenz pointed out with the use of a site plan the inconsistency
in the General Plan of various sized parcels and subdivisions in the area. The General Plan cannot be used
as a golden rule or a law abiding
enforcement in reviewing the Variance request.The Director of Community Development responded to the
claim of the inconsistency in the surrounding neighborhood, addressing some parcels which are smaller than the
6,000 sq. ft. in the area. Certainly there are non-conforming use
issues which exist throughout the City. However the information was not provided before the hearing.
The General Plan establishes a density for this area of 2-6 dwelling units per acre and the City's policy of
6,000 sq. ft. lots are the minimum size lot in conformance with the land use
designation. Creation of a lot substantially less than 6,000 sq. ft. would not conform to
the General Plan Low Density designation of2-6 dwelling units per acre. The proposed lot would have a density of
8 or 10 units per acre The R-3 zoned tract area located on the east end of
Walnut has a different General Plan designation, and this tract required special approval as a
Planned Unit Development, to allow smaller lots to be created.The City Engineer was asked by Council to
respond to how many times the City has included in an agreement that the property owner would give up
the rights later if there had to be a widening,or would the City pay compensation.
The City Engineer responded the City has never had an agreement where the City gave a
right with a provision attached. By the State laws regarding right-of-way acquisition, if the right was
given, the City came in at a later time and acquired right-of-way because it was a condition
of the design of the project. The City would have to pay the market value established by the
prior zoning
CITY COUNCIL MINUTES APRIL 12, 1994
13. PUBLIC HEARINGS (Continued)
to approve a project like this where there would be a structure possibly built even closer to the
overpass than what now exists. There wiIl be greater impacts to the home the applicant is
proposing to build than to the one that now exists.
Speaking in favor:
Peter Luadowski, 321 Toluca
Speaking in opposition:
Brad Esser, 441 N. Sacramento
MOTION
SECOND
AYES
Coontz Spurgeon
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy Moved to continue
this item to April 19, 1994 Council meeting, 7:00 P.M. Session. Staff instructed to answer
the questions and refute or accept the statement made by the appeIlant.MINUTE ORDER - MAYOR
PRO TEM BARRERA: "I was ready to vote on this tonight. I will yield. It has
always been the privilege of the Council to ask for continuance, so I will go ahead and agree."14.
PLANNING AND ENVffiONMENT -
None 15. ORAL PRESENTATIONS Tom O'
Neill, 870 N.
Lynn, complainedabout the crosswalk at CoIlins, California, and Lynn Street. Mr. O'Neill requested,
since it isvery dangerous, a signal be instaIled or erase the crosswalk.The City Manager was
instructed
to investigate the problem working with Traffic and the Police Department.Bob Bennyhoff, 10642 Morada
Dr.,
complained the Council Chamber sound system was inadequate. The audience cannot hear
the speakers or Councilmembers when they talk. Also, the microphone setup is terrible.Page
16
CITY COUNCIL MINUTES APRIL 12, 1994
16. ADJOURNMENT
MOTION
SECOND
AYES
Mayor Beyer Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy The City Council
adjourned at 8: 17 P.M.A'fr- ~. 9:
44//~MARILYN. JEN <<MC
CITY CLERK GENE
BEYER GENE
BEYER MAYOR
By:....FRED
L.
BARRERA
MAYOR PRO TEM
Page 17