11-16-1993 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
NOVEMBER 16, 1993
The City Council of the City of Orange, California convened on November 16, 1993 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 - Barrera, Mayor Beyer, Coontz ABSENT -
Spurgeon, Murphy NOTE: Councilman
Spurgeon was present for the 7:00 P.M. Session.1.3
APPROVAL OF MINUTES - None 1.4 PRESENTA
TIONSI ANNOUNCEMENTSI INTRODUCTIONS - None 1.5 PROCLAMATIONS Proclamation
for Hospice Month,
presented to Sandra Myers representing Community Hospice Care.2.CONSENT
CALENDAR TAPE
288 2.1 Declaration of
City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of November
16, 1993, 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.REMOVED AND HEARD SEP
ARATEL Y)2.2 Request authorization
to award Bid Number 934-07, Street Name Signs, to Maneri Sign Co., Gardena, CA,
in the amount of $42,933.00 and reject all other bids.A2100.0.Agr.
2166)FISCAL IMP ACT:
Sufficient funds are budgeted in the Street Signs and Maintenance Account for this
purchase.Discussion: The Traffic
Engineer reported the street name signs covering the entire City are scheduled to
be completed by the end of this year.PAGE 1
CITY COUNCIL MINUTES NOVEMBER 16,1993
2. CONSENT CALENDAR (Continued)
MOTION - Barrera SECOND -
Mayor Beyer AYES - Barrera,
Mayor Beyer, Coontz ABSENT - Spurgeon, Murphy
ACTION: Moved to authorize
the Mayor and City Clerk to execute on behalf of the City.2.3 Request approval
toterminate the Recreational Trails Master Plan Committee.OR1800.0.19.5)
FISCAL IMPACT: None.ACTION:
Approved.REMOVED AND
HEARD SEP
ARATEL Y)2.4 Authorize receipt
and allocation of $9,508.00 in Federal Library Services and Construction Act Funds, administered
by the California State Library, for the purchase of Major Urban Resource Library (
MURL) Materials. (C2500.I)FISCAL IMP ACT: This
grant award will augment the Library's book budget.The Senior Libraray Manager
reported the funds will be used to purchase local history materials and biography books
for the Library. It will also fund a seminar on collection development.MOTION - Coontz SECOND -
Barrera
AYES - Barrera, Mayor
Beyer, Coontz ABSENT -
Spurgeon, Murphy ACTION: Approved.2.5
CLAIMS FOR DAMAGES FROM: (
C3200.0)
a. Dien Kim Huynh b. MllIjorie Jacobs.FISCAL
IMP ACT: None.ACTION:
Denied claims and
referred to City Attorney
and Adjuster.MOTION - Mayor Beyer SECOND - Barrera AYES - Barrera, Mayor
Beyer, Coontz ABSENT - Spurgeon,
Murphy Page 2
CITY COUNCIL MINUTES NOVEMBER 16, 1993
2 CONSENT CALENDAR (Continued)
Items 2.2 and 2.4 were removed and heard separately; all other items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
3.REPORTS FROM MAYOR BEYER TAPE 520
3.1 Status report from Mayor Beyer on El Toro Marine Base reuse.
Mayor Beyer indicated the north and south county representatives are still discussing the
compromise, no decision has been made. (C2500.D.l)
MOTION
SECOND
AYES
ABSENT
Barrera Coontz
Barrera, Mayor
Beyer, Coontz Spurgeon, Murphy Moved
to receive and
file the oral report.4. REPORTS FROM COUNCILMEMBERS -
None 5. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS - None 6.ADMINISTRATIVE REPORTS TAPE 559 6.
1 Report from Community Development
Department on Home Occupation Amendment and consideration of Development Standards as
it relates to commercial vehicles in R-1 zone. (A2500.0)The Director
of Community Development
reported the memo distributed to Council outlining the schedule on the two issues
is amended as follows:1. The amendment on the
Home Occupation Standards will be scheduled for a Council public hearing, December 21, 1993. This
amends a section in Chapter 10 of the Orange Municipal Code as opposed to the R-
1 Development Standards. This section currently addresses parking of vehicles on public streets
as well as within residential properties. This could be presented to Council on December 21,
1993.2. Vehicles parked on
public streets - the Police Chief will report to Council on December 21,1993.Page 3
CITY COUNCIL MINUTES NOVEMBER 16,1993
6. ADMINISTRATIVE REPORTS (Continued)
3. In the interim, the Director of Community Development will meet with the City Attorney and
the Police Chief to review the current situation regarding Mr. Payne's problem. Additional
information from the Police Chiefwill be presented to Council prior to the December 21st date to
address these problems.
The Director of Community Development indicated he would contact Mr. Payne and apprise him
of the situation.
MOTION
SECOND
AYES
ABSENT
Coontz Barrera
Barrera, Mayor
Beyer, Coontz Spurgeon Murphy Moved
to receive and
file.7. REPORTS FROM CITY
MANAGER - None 8.LEGAL AFFAffiS TAPE 864
8.1 RESOLUTION NO. 8265
A Resolution of the City
Council of the City of Orange expressing appreciation to Sergeant Milton Galbraith of the Orange
Police Department and commending him for more than twenty-six years of service to
the City of Orange. (C2500.K)MOTION SECOND AYES ABSENT
Barrera
Coontz
Barrera,
Mayor
Beyer, Coontz
Spurgeon, Murphy
That Resolution No. 8265 as
introduced be adopted
and same was passed and adopted by the preceding vote.9. ORAL PRESENTATIONS BUSINESS LICENSE Marilla
Hamor, 839
S. Oakwood, voiced
a complaint
regarding Business License procedures including the rate schedule for gross receipts on
the Business License Renewal Notice. She expressed concern that there is a need to
license people that are working out of their homes.Mayor Beyer instructed the Revenue Manager and City
Attorney to meet with Ms. Hamor.r Page 4
CITY COUNCIL MINUTES NOVEMBER 16,1993
9. ORAL PRESENTATIONS (Continued)
TRAFFIC CONTROL
Carole Walters, 534 N. Shaffer, reported Orange Unified School District is moving their
conference to the Chapman College auditorium. Ms. Walters complained there are still hazardous
traffic problems on Shaffer Street in front of Orange High School in the afternoon. People are
blocking residents' driveways and double parking when they are picking up students. Traffic
control only occurs about once a year.
Mayor Beyer instructed Police Captain Richards to investigate the problem.
10. RECESS
MOTION
SECOND
AYES
ABSENT
Mayor Beyer Barrera
Barrera, Mayor
Beyer, Coontz Spurgeon, Murphy The
City Council recessed
at 3:35 P.M. to a Closed Session for the following purposes:a. To confer with
its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to
wit:City of Orange vs.
Refco Securities, Inc., NASD Arbitration No. 92-03685.b. To confer
with its attorney to decide whether to initiate litigation pursuant to Government Code Section 54956.
9(c).c. To meet
and give directions to its authorized representative regarding labor relations matters pursuant to Government
Code Section 54957.6.d. To confer
with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(
b )(1).e. To consider
and take possible action upon personnel matters pursuant to Government Code Section 54957.NOTE:
The City
Attorney deleted Item f g. 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 11. INVOCATION, Pastor
Rick Lake, Orange Hills Baptist Church 11.1 PLEDGE
OF ALLEGIANCE TO THE FLAG 11.2 ANNOUNCEMENTS -
None 11.3 INTRODUCTIONS - None
PageS
CITY COUNCIL MINUTES NOVEMBER 16, 1993
11.4 PROCLAMATIONS
Proclamation honoring 100th anniversary of the Orange County Fruit Exchange, presented
to Nancy Caster, Secretary/Manager.
11.5 PRESENTATIONS
Mayor Beyer announced the presentation of the Friends of the Orange Public Library
Magazine Angel" Program would be heard at this time. (C2500.I)
MOTION - Barrera SECOND -
Coontz AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz ABSENT - Murphy Approved.
Nora Jacobs outlined
the
program and indicated within the past three weeks $291.00 has been raised for fourteen
subscriptions.12. PUBLIC HEARINGS TAPE
2455 12.1 CONDITIONAL USE
PERMIT 2028-93, TAIT & ASSOCIATES (FOR THRIFTY OIL): (C3300.0)
Time set for
a public hearing on petition by Tait & Associates (for Thrifty Oil) to consider Conditional Use Permit
2028-93, a request to sell beer and wine within the retail sales area of an existing automotive
service station. The property is zoned C- TR (Commercial-Tustin Redevelopment
District), and the off premise sale of beer and wine in conjunction with the sale of motor
fuel is allowed subject to the issuance of a conditional use permit. Subject property is located
at the southeast corner of Tustin Street and Heim Avenue (2493 N. Tustin St.).NOTE:
This project is categorically exempt from the provisions of the California Environmental Quality
Act per CEQA guidelines Section 15301.MAYOR
BEYER OPENED THE PUBLIC HEARING.Mayor
Beyer read a letter received by fax on November 16, 1993 from Joshua Kaplan, Attorney for
Thrifty Oil, indicating he was ill and under a doctor's care. He requested the public hearing be continued.
MOTION
SECOND
AYES
ABSENT
Barrera
Spurgeon Spurgeon,
Barrera, Mayor
Beyer, Coontz Murphy Moved that the
public
hearing be continued to December 21, 1993 at 7:00 P.M.Page 6
CITY COUNCIL MINUTES NOVEMBER 16,1993
12. PUBLIC HEARINGS (Continued)
Rich Tait, Tait and Associates, 800 N. Eckhoff St., Orange, representing Thrifty Oil, concurred
that the public hearing be continued to December 21, 1993.
TAPE 2690
12.2 TENTATIVE TRACT MAP NO. 14847, CONDmONAL USE PERMIT NO. 2030-
93, BEAZER HOMES CALIFORNIA, INC.: (T4000.0)
Time set for a public hearing on petition by Beazer Homes California, Inc. to consider Tentative
Tract Map No. 14847 to allow the development of the subject site with a 423 dwelling unit
planned unit development; and Conditional Use permit No. 2030-93 to create lots without
direct access to a public street upon property located west of Prospect Street between the
Collins Avenue bridge and Walnut Avenue (the northerly two/thirds of the Rock Creek
Development).NOTE: The environmental impacts of this project have been discussed by
Supplemental Environmental Impact Report (SEIR) #861, which was certified as addressing the
environmental impacts of a previously approved project for this
site.MAYOR BEYER OPENED THE PUBLIC
HEARING.The Director of Community Development reported the property is zoned R-3 (
Multiple Family Residential) with the General Plan showing low to medium residential, 6-15
dwelling units per acre. This proposal is a revision of a portion of the project originally approved
by Council in 1989. The original townhouse project was approved for 485 units; 122 of those
in the southerly portion of the project, are either built or
will be completed.This proposal is a request for 201 condominium units and 100 attached single
family units. The total density will be 13 dwelling units per acre. The condominium units located
in the central portion of the project are attachedin buildings of up to six units in each building.
They are two-stories in height, and are 979 to 1532 sq. ft. The attached single family units which
are on the northerly end of the project range in size from 1433 to 1885 sq. ft. with one and
two story units.Each of these units has a private yard area. Additionally, all units include a two car
garage and 79 open parking spaces located
throughout the project.This project includes gated entries which meet City standards for turnaround
parking, stacking of vehicles and a directory outside of the gate. The private streets throughout the
project meet the City's private street standards. The private driveways are 25 ft. in width. There
is a common recreation facility on a parcel over 18,000 sq.
ft. in size.The proposal conforms to all City standards. City departments conditions have
been attached to the Planning Commission
resolutions of
CITY COUNCIL MINUTES NOVEMBER 16,1993
12. PUBLIC HEARINGS (Continued)
Tom Grabel, representing Beazer Homes California, 100 Pacifica, Suite 360, Irvine, reported the
new development plan will be cutting density, reducing traffic, preserving property values,
generating more City revenue, building out the site faster, providing a wider range of housing
opportunities and creating a better overall site design.
Mr. Grabel responded to the following concems voiced by Councilmembers:
Walkways - The walkways will be continued within the townhome area, and sidewalks on one side
of the street in the clustered area. Near the recreation area, walkways are provided to keep people
off the street going to and from the recreation area.How
many units are family oriented? Mr. Grabel commented the privatized rear yards would encourage
families, as well as the local school located one block away.What
type of security is proposed along the creek? Mr. Grabel responded there is an iron rod fence
that meets the City's requirements.Will
the Fire Department trucks be able to maneuver within the street space allowed?The
Fire Chief responded both tracts have met the Department's standards for turning radius.Joanne
Rogers, 537 Pageant Drive, current homeowner in the development, expressed concern regarding
retaining the value of their homes since the new options are much more desirable.Mr.
Grable commented there is still a market for these townhomes. There is enough differentiation
in all the plans to maintain the pricing, but it is dependent upon the market. The sales
prices have not been dropped in order to spur on the sales of units.Richard
Klunk, 10932 Pine St., Unit 1102, Los Alamitos, commented there was no playground area
for children that will be living in the development.Mr.
Grabel responded there are two recreation areas, enclosed rear yards which vary in size from 400
to 1100 sq. ft. and a local school is nearby.It
was also noted there are some driveways that are two feet in the townhome clustered area,however
there is the same situation throughout the townhome project where there is a stub drive and
a garage door located immediately upon turning into the unit.THERE
BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.
MOTION
SECOND
AYES
ABSENT
Coontz
Spurgeon Spurgeon,
Barrera, Mayor
Beyer, Coontz Murphy PageS I
CITY COUNCIL MINUTES NOVEMBER 16,1993
12. PUBLIC HEARINGS (Continued)
Moved that the environmental impacts of this project have been discussed by Supplemental
Environmental Impact Report (SEIR) #861, which was certified as addressing the environmental
impacts of a previously approved project for this site.
MOTION
SECOND
AYES
ABSENT
Coontz Spurgeon
Spurgeon, Barrera,
Mayor Beyer, Coontz Murphy Moved to
approve
Tentative Tract Map 14847 as outlined in Planning Commission Resolution No. PC-51-
93.MOTION
SECOND
AYES
ABSENT
Coontz
Spurgeon Spurgeon,
Barrera, Mayor
Beyer, Coontz Murphy Moved to approve
Conditional
Use Permit No. 2030-93 as outlined in Planning Commission Resolution No. PC-
52-93.TAPE
4770 12.
3 TENTATIVE TRACT MAP NO. 14848, CONDmONAL USE PERMIT NO. 2031-93,
BEAZER HOMES CALIFORNIA, INC.: (T4000.0)Time
set for a public hearing on petition by Beazer Homes California, Inc., to consider Tentative Tract
Map No. 14848 to allow the subdivision of an approximately 16 acre site into 97 lots for a residentially
planned unit development, and Conditional Use Permit No. 2031-93 to allow the
development of a site with an 88 dwelling unit planned unit development and the creation of 47
parcels without direct access to a public street upon property located east of Prospect Street
between Walnut Avenue and Bond Avenue (the site of the previously approved Rock Creek
Ranch Single Family Development).
NOTE: The environmental impacts of this project have been discussed by Supplemental
Environmental Impact Report (SEIR) #861, which was certified as addressing the environmental
impacts of a previously approved project for this site.
MAYOR BEYER OPENED THE PUBLIC HEARING.
The Director of Community Development reported this project is a detached single family
residential tract, and zoned R-1-6 Single Family Residential. This site was previously
approved in 1989 with 73 units. This proposal is a single family planned unit development. The
number of units has increased to 88. The density of the projectis 5.4 units per acre which is less
than would be allowed by the General Plan designation on the property of2-6
units per acre.These units range in size from 1700 to over 2100 sq. ft. and include from two
to four bedrooms,with one and two story units within the project. The parcels range in size from 5100
to 11,
CITY COUNCIL MINUTES NOVEMBER 16, 1993
12. PUBLIC HEARINGS (Continued)
sq. ft. There are two car garages provided, and additional 108 spaces within the project that
meets the requirements of the PUD ordinance. The project is served by private streets which
conform to the City's development standards. This is also a gated community designed to meet
City standards. There is a recreational facility.
The Planning Commission recommended approval.
Mr. Grabel, representing Beazer Homes California, explained the Z-Iot concept which creates
a use easement on both neighboring lots to create an area to enlarge the usable yard areas for
the unit. The living area is oriented to access the side yard. The homeowners own the legal lot.
The CC&Rs apply to all the lots throughout the project on how different access can be taken
for maintenance on these use
easements.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE
PUBLIC
HEARING.
MOTION
SECOND
AYES
ABSENT Spurgeon
Barrera Spurgeon,
Barrera, Mayor Beyer, Coontz,Murphy Moved
that
the environmental impacts of this project have been discussed by Supplemental Environmental Impact
Report (SEIR) #861, which was certified as addressing the environmental impacts of
a previously approved project for this site.MOTION SECOND
AYES
ABSENT
Spurgeon
Coontz
Spurgeon, Barrera,
Mayor Beyer,
Coontz Murphy Moved to approve Tentative
Tract
Map No. 14848 as outlined in Planning Commission Resolution No. PC-53-93.
MOTION SECOND AYES
ABSENT
Spurgeon
Barrera
Spurgeon,
Barrera, Mayor
Beyer, Coontz
Murphy Moved to approve Conditional Use
Permit
No. 2031-93 as outlined in Planning Commission Resolution No. PC-54-93.
13. PLANNING AND
ENVmONMENT - None Page 10
CITY COUNCIL MINUTES NOVEMBER 16,1993
14. ORAL PRESENTATIONS
Richard Klunk, 10932 Pine Street., Unit 1102, Los Alamitos, distributed a map depicting an alley
located on Lewis Street between Garden Grove Boulevard and EI Rancho Street. Mr. Klunk
requested gates be installed for emergency vehicles only and allow the children from the nearby
area to play in the alley which is a deadend City-owned alley. Parking problems have
occurred from the Garden Towers tenants. (S4000.S.3.1.
1)Mayor Beyer instructed the City Manager to coordinate a meeting with Mr.
Klunk.Alice Clark, 205 N. Pine St. spoke on the need to give the Police Department a salary
raise.C2500.
K)Carole Walters, 534 N. Shaffer St., praised Police Chief Robertson and concurred with
Mrs.Clark regarding salary raises for the Police
Department.15.
ADJOURNMENT
MOTION
SECOND
AYES
ABSENT Barrera
Mayor Beyer Spurgeon,
Barrera, Mayor Beyer, Coontz Murphy The
City
Council adjourned at 8:20 P.M.h;d/
u~/~~MARlL YN
J. SEN,CITY CLERK
Gene Beyer
GENE BEYER
MAYOR B~~
K. ~!!
1..FRED L.
BARRERA MAYOR PRO
TEM Page 11
I