02-11-1992 Council Minutes442
APPROVED BY CITY COUNCIL ON MARCH 10, 1992.
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
February 11, 1992
The City Council of the City of Orange, California convened on February 11, 1992 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 - Steiner, Barrera, Coontz, Spurgeon ABSENT -
Mayor Beyer 1.3
APPROVALOF MINUTES Regular Meeting -
January 21, 1992 MOTION - Coontz SECOND -
Spurgeon AYES - Steiner,
Barrera, Coontz, Spurgeon
ABSENT - Mayor Beyer ACTION: Approved.Regular
Meeting - January 28,1992
MOTION - Coontz
SECOND - Spurgeon AYES - Steiner, Barrera, Coontz,
Spurgeon ABSENT - Mayor
Beyer ACTION: Approved.
1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCflONS - None
1.5 PROCLAMATIONS - None
PAGE 1
443
CITY COUNCIL MINUTES February 11, 1992
2. CONSENT CALENDAR
2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council
agenda of a regular meeting of February 11, 1992, at Orange Civic Center, Main
Library, Police facililty 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.
REMOVED AND HEARD SEPARATEL Y)
2.3 Request for recognition of the positive effects of Measure L and recognize the
members of the Fireworks Committee and their colleagues for their contribution to
the community. (P1300.0.1)
MOTION - Spurgeon SECOND -
Coontz A YES -
Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer
ACTION: Approved and directed
Staff to prepare appropriate proclamation and schedule for presentation.2.
4 Request transfer
of $37,600.00 from the Unappropriated Reserves of Fund 355 Asset Forfeiture) to Account
355-4011-471200 (Building Improvements) to pay for improvements to
the security system, lighting and Watch Commander's Office at the Police
Department. (C2500.K)ACTION: Approved.
PAGE 2
444
CITY COUNCIL MINUTES February 11, 1992
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEP ARATELY)
2.5 Request for expenditure of $7,500.00 from Unappropriated Reserves for an
expanded Arbor Day Celebration. Fund No: 230 (Advertising and Promotion).
C2500.N)
The Audit Committee felt they should have been apprised of this item when the
budget was being reviewed. It has been Council policy that the entire Council
participate in decision-making as to what programs are being
undertaken.Councilwoman Coontz was not in favor of the plaques in the
park.MOTION - Steiner
SECOND - Spurgeon AYES -
Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor
Beyer ACTION: Denied the
expenditure of $7,500.00. Approved Program "B" in the Staff report, which
is for the traditional allocated amount.REMOVED AND HEARD
SEP ARA TEL Y)2.6 Request
approval to adjust the accounting records to record the $7,050,000.00 loss arising from the
Denman/Wymer investment. (C2500.J.1)The Director of
Finance indicated it is an accounting convention to recognize the loss of money
and adjust the records to record it. Should money be collected at a later date, it
will be recorded as revenue. In the audited statements issued this year, there is
a note stating that readers looking at the financial information should be advised the
loss of the $7 million was discovered subsequent to the date of the statement.MOTION - Spurgeon
SECOND -
Steiner AYES - Steiner,
Barrera, Coontz, Spurgeon
ABSENT - Mayor Beyer ACTION: Approved.PAGE
3
445
CITY COUNCIL MINUTES February 11, 1992
2. CONSENT CALENDAR (Continued)
2.7 CLAIM FOR DAMAGES FROM: (C3200.0)
1. IRMA ANGELA LICES for an alleged incident occurring on or about July 10,
1991.
ACTION: Denied claims and referred to City Attorney and Adjuster.
2.8 Authorize an appropriation of $75,000.00 from Unappropriated Reserves to be
transferred to Account No. 100-0301-426100 to pay for Outside Legal Services
to the City. (
C2500.B)
ACTION: Approved.REMOVED AND HEARD SEPARA
TEL Y)2.9 Accept notification to the City of Orange from the County of Orange GSA
of intent to bid and award a construction contract and commence construction of
the Fire Station at the County's Manchester complex. (A2100.0
A.l847)MOTION -
Barrera SECOND - Spurgeon
AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT -
Mayor Beyer ACTION: Received
and filed.2.10
Request Council authorize the Mayor Pro Tern to execute escrow papers and related documents
concerning the purchase of the house and property located at 7536 East
Santiago Canyon Road for the purpose of widening Santiago Canyon Road. (P2500.
0.1)Funding: 271-
5011-483300-3014 (Santiago/Windes to Newport),
550-5011-483300-3014 (Santiago/
Windes to
Newport)ACTION: Approved.2.11 Request authorization to approve a deferred payment loan and
authorize the City Treasurer to prepare a check. Case #502 - $16,500.00. Account
No. 315-6052-810801 Deferred Payment Loans. (C2500.G.1.
1 Deferred
Payment)ACTION:
446
CITY COUNCIL MINUTES February 11, 1992
2. CONSENT CALENDAR (Continued)
2.12 Request authorization to approve a Homeowner Participation Grant and authorize
the City Treasurer to prepare a check in the amount of $600.00. Case #522. Account
316-6053-427800-1221 - Homeowner Participation Grant. (C2500.G.
1.
1 Homeowner)
ACTION: Approved.2.13 Request authorization to approve a low interest loan and authorize
the City Treasurer to prepare a check inthe amount of $35,000.00. Case #491.
Account #316-6054-464203. (C2500.G.l.
l Housing
Rehabilitation)ACTION: Approved.2.14 Request to authorize Frank V. Page, Director of Public Works, powers
to execute, in the name of the City of Orange, the Memorandum of Understanding (
MOU) for the widening of the overcrossings of State Route 55 Freeway between
17th Street and Fairhaven Avenue. (A2100.
0 A.1910)ACTION: Authorized and empowered Frank V. Page to
execute the Memorandum Of Understanding between the City and Orange
County Transportation Authority.2.15 Request authorization to approve a Homeowner Participation
Grant and authorize the City Treasurer to prepare a check in theamount of $1,300.
00. Case #434.Account #316-6053-427800-1221 - Homeowner Participation
Grants. (C2500.
G.1.
1 Homeowner Participation)ACTION: Approved.2.16 Request authorization to approve a
Housing Accessibility Program Grant and authorize the City Treasurer to prepare a checkin the amount
of $1,500.00. Case 434. Account #316-
6053-427800-1222 - Housing Accessibility Program
Grant.C2500.
G.1.1 Housing Accessibility)ACTION: Approved.2.17 Request authorization to approve a
Deferred Payment Loan and authorize the City Treasurer to prepare a check in the amount
of $25,000.00. Case #509. Account 315-6052-810901 - Deferred
Payment Loans. (
C2500.G.
447
CITY COUNCIL MINUTES February 11, 1992
2. CONSENT CALENDAR (Continued)
MOTION- Steiner
SECOND- Coontz
AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT -
Mayor Beyer Items 2.
3, 2.5, 2.6, and 2.9 were removed and heard separately. All other items on the Consent Calendar
were approved/ denied as recommended.END OF
CONSENT CALENDAR 3. REPORTS
FROM MAYOR BEYER - None 4. REPORTS FROM
COUNCILMEMBERS OFF AGENDA ITEMS:
Councilman Spurgeon announced
he is seeking the suppon of the Council on term limits. He asked Council to direct
the City Attorney to prepare a repon outlining the procedures and parameters for such an ordinance.
Based on the recent overwhelming voter suppon of Proposition 140, limiting the terms of
the state legislators, he feels Orange voters deserve the same protection against career politicians on a
local level. He believes the citizens of Orange want and deserve Council representation that is
responsible to the community's needs. Term limits ensure the introduction of new people and
fresh ideas to the local process, resulting in representation which reflects the community's changing
needs.It is also
his intent to place and recommend that caps be placed on campaign contributions as a funher protection against
incumbent entrenchment and unfair advantage over newcomers. He wants to maintain
Orange's small town atmosphere and Council's reputation of independence in decision-making process.
He considers this preventative. He believes Orange taxpayers do not want this
city's campaigns to become the expensive, abusive spectacles that have occurred in other growing municipalities
in the County. The combination of contribution limitations with term limits will, he
believes, result in representative government which is more responsive to the community,and free
of perceptions of impropriety. He wants to see an ordinance recommendation come back from the
City Attorney for discussion or Study Session within the next 90 days.PAGES
448
CITY COUNCIL MINUTES February 11, 1992
4. REPORTS FROM COUNCILMEMBERS (Continued)
Councilwoman Coontz indicated the possibility of term limits had been investigated in the past.
Council was told term limits were not allowable under the general law of the State of California.
The City Attorney reponed there have been recent coun cases and bills that may be introduced in
the legislature to give local governments the authority to pass ordinances which would limit terms.
Councilwoman Coontz felt it would be helpful to know the parameters of what Orange could do as
a general law city. Council has been approached in the past with the idea of changing from a
general law city to a chaner city. The former City Attorney had given Council some information
on this, but no action was taken.
Councilman Steiner confIrmed his suppon of such an ordinance. Council directed the City
Attorney to repon back within 90 days on term limitations, campaign contribution limitations and
information on a general law vs. a charter law city. Councilwoman Coontz also asked Council to
study the issue of appointments to the Council.
If***
MOTION
SECOND
AYES
ABSENT
Coontz Barrera
Steiner, Barrera,
Coontz, Spurgeon Mayor Beyer Moved
that the need
to take action on the following item arose after the posting of the agenda.Councilwoman Coontz read the
following statement she proposes to give at the hearing on the Eastern Transponion Corridor on
February 13, 1992: (T22oo.0.2)The City of Orange
has panicipated in planning for the Eastern Trasnportation Corridor (ETC)since the late 1970'
s when the Nonheast Orange County Circulation Study identified the need for such a facility and
since the mid 1980's, both as a member of the Transponation Corridor Agencies and as an objective
of our East Orange General Plan. Fundamental to all these planning effons was the need to relieve
traffic on State Route 55 - Costa Mesa Freeway Corridor. Over time, this anery has become increasingly congested for
many hours of the day, so that it denies access to our citizens and causes congestion on
our surface anerial streets.The City of Orange wants
to express our strong suppon for the construction of the full Eastern Transponation Corridor with all segments,
including the West Leg. If we have leamed anything at all from our years of
study, it is the imponance of all segments of the ETC - the Nonh Leg, West Leg, Lomas Ridge and East Leg
segments. The City of Orange suppons staged construction that would allow the facility to be
expanded from opening year lane requirements to construction of the ultimate facility. The City of Orange
would not suppon any phasing of the facility that would result in the exclusion of any
leg or major linkage of the ETC, panicularly the West Leg Segment.PAGE 7
449
CITY COUNCIL MINUTES February II, 1992
4. REPORTS FROM COUNCILMEMBERS (Continued)
The need for the full ETC facility is well-documented in the Draft EIRlEIS and supponed in
detail by the Technical Appendices. We have previously provided written comments to the
TCA following our review of the Draft EIRlEIS and look forward to reviewing your responses. It is
the desire of the City of Orange to continue the fine working relationship we enjoy with the TCA
so that we can all achieve our goal of seeing an efficient, environmentally-sound new
ETC
facility."
MOTION
SECOND
AYES ABSENT
Coontz Spurgeon
Steiner, Barrera, Coontz, Spurgeon Mayor
Beyer Moved to
accept the statement in concept.5. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS (Tape 1-1244)5.
1
Report from Councilman Steiner regarding the Joint Use Library Project.See report
on file in City Clerk's office.) (OR1800.0.90)MOTION SECOND
AYES
ABSENT
Steiner
Coontz
Steiner, Barrera,
Coontz, Spurgeon
Mayor Beyer Moved to receive
and file repon.
Staff to schedule a Study Session with the Library Board to re-establish a timetable with milestones for
proceeding on Main Library project. Depending on the results of that Study Session, funher
action would be deemed appropriate..5.2 Reappointment of Mayor
Beyer
and Mayor Pro Tem Barrera to the Central Orange County Fixed Guideway Agency (formerly Monorail Committee),
terms to expire November, 1992.ORI800.0.66.1)MOTION SECOND
AYES ABSENT Spurgeon Coontz
Steiner.
Barrera,
Coontz,
Spurgeon
Mayor Beyer
Moved to
confIrm the appointment of Mayor
Beyer and Mayor
Pro Tem Barrera to the Central Orange County Fixed Guideway Agency, terms to expire November, 1992.
PAGE 8
450
CITY COUNCIL MINUTES February 11, 1992
6. ADMINISTRATIVE REPORTS
6.1 Request Council approve an agreement to accept from the State of California, Transit
Capital Improvement funds in the amount of $55,000.00 and appropriate said funds into the FY
1991-92 budget. (A21oo.0 A.
1911)
MOTION
SECOND
AYES
ABSENT Coontz
Barrera Steiner,
Barrera, Coontz, Spurgeon Mayor Beyer
Moved to accept
the grant and authorize the Mayor and City Clerk to execute on behalf of the City.Council thanked Public
Works for their effons.7. REPORTS FROM
CITY MANAGER - None 8. LEGAL AFFAIRS - Tape
1-1970 8.1 RESOLUTION NO.
7940 A Resolution of the
City Council of the City of Orange authorizing the City Treasurer and the Finance Director to establish
a contractual procedure for wire transfers of funds with the Bank of America. (Continued from 1/
28/92.) (C25oo.J.l)MOTION SECOND AYES ABSENT
Spurgeon
Steiner
Steiner,
Barrera,
Coontz, Spurgeon
Mayor Beyer
That Resolution No. 7940 as
introduced be adopted
and same was passed and adopted by the preceding vote.8.2 RESOLUTION NO. 7944 A
Resolution of
the City Council of the
City of Orange expressing appreciation to David L. Dieball of the the Orange Police Depanment for 22
years of loyal and dedicated service. (C25oo.K)MOTION SECOND AYES ABSENT Coontz Spurgeon Steiner, Barrera,
Coontz,
Spurgeon
Mayor
Beyer
That Resolution
No. 7944
as introduced be adopted and
same was passed
and adopted by the preceding vote.PAGEl
4 51
CITY COUNCIL MINUTES February 11, 1992
8. LEGAL AFFAIRS (Continued)
8.3 RESOLUTION NO. 7947
A Resolution of the City Council of the City of Orange approving and adopting the revised
appropriations limit for the fiscal year 1990-91. (C25oo.J.1.
l)
MOTION
SECOND
AYES
ABSENT Steiner
Coontz Steiner,
Barrera, Coontz, Spurgeon Mayor Beyer
That Resolution No.
7947 as introduced be adopted and same was passed and adopted by the preceding vote.8.
4. RESOLUTION
NO. 7945 A Resolution of
the City Council of the City of Orange finally accepting the completion of cenain public work and
improvement; Bid No. 901-52; S.P. 2844, Phase II; R.I. NobleCompany; Katella Avenue, 400
feet west of Tustin Street to Sacramento Street. (A21oo.0 A. 1796)MOTION SECOND
AYES
ABSENT
Spurgeon
Coontz
Steiner, Barrera,
Coontz, Spurgeon
Mayor Beyer That Resolution No.
7945 as introduced
be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION NO.
7950 A
Resolutionof the City Council
of the City of Orange calling and giving notice of the holding of a Special Municipal Election to be held
on Tuesday, June 2, 1992, for the submission of the question to the electors of whether the
present elective office of City Treasurer shall be made an appointive office with the City Treasurer to
be appointed by the City Council. (C25oo.F)MOTION SECOND AYES ABSENT Coontz Spurgeon
Steiner,
Barrera,
Coontz,
Spurgeon
Mayor Beyer
That Resolution
No. 7950 as introduced
be adopted and
same was passed and adopted by the preceding vote.PAGE 10
452
CITY COUNCIL MINUTES February 11,1992
8. LEGAL AFFAIRS (Continued)
8.6 RESOLUTION NO. 7951
A Resolution of the City Council of the City of Orange requesting the services of the County
Registrar of Voters of Orange County and authorizing the filing of an Impanial Analysis, and
Written Arguments (Ballot Measure regarding appointment of City Treasurer). (C2500.F)
MOTION
SECOND
AYES
ABSENT
Coontz Spurgeon
Steiner, Barrera,
Coontz, Spurgeon Mayor Beyer That
Resolution No. 7951
as introduced be adopted and same was passed and adopted by the preceding vote.8.7
RESOLUTION NO.
7953 A Resolution of the
City Council of the City of Orange setting priorities for filing Written arguments regarding a City
measure. (C2500.F)MOTION SECOND AYES ABSENT
Spurgeon
Coontz
Steiner,
Barrera,
Coontz, Spurgeon
Mayor Beyer
That Resolution No. 7953 as
introduced be adopted
and same was passed and adopted by the preceding vote.8.8 RESOLUTION NO. 7952 A
Resolution of
the City Council of the
City of Orange providing for the filing of rebuttal arguments for City measures submitted at Municipal Elections. (
Elloo.0)MOTION SECOND AYES ABSENT Coontz Spurgeon Steiner, Barrera,
Coontz,
Spurgeon
Mayor
Beyer
That Resolution
No. 7952
as introduced be adopted and
same was passed
and adopted by the preceding vote.PAGE 11
453
CITY COUNCIL MINUTES February 11,1992
8. LEGAL AFFAIRS (Continued)\
8.9 RESOLUTION NO. 7954
A Resolution of the City Council of the City of Orange waiving the 6O-day notice requirement
of the County of Orange for lease extension of County Administration pursuant to Government
Code Section 25351(d). (Propeny located at 1110 E. Chapman Avenue. (P13OO.0.
9)
MOTION
SECOND
AYES
ABSENT Steiner
Barrera Steiner,
Barrera, Coontz, Spurgeon Mayor Beyer
That Resolution No.
7954 as introduced be adopted and same was passed and adopted by the preceding vote.9.
RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS -
Tape 1-2075 Councilwoman Coontz asked
Council to strengthen the permit processing for the use of the park.The Police Chief
reported the current ordinance is limited in its extent and has not been enforced.Staff would like
the City Attorney's office to prepare an ordinance that would permit all segments of the population
to use the parks, and not have it taken over by one panicular group of people.The problem is
currently very serious in Han Park. Orange is very limited in park space and Staff feels usage by
a group or organization should be covered by a permit. Councilwoman Coontz felt the use of
the park by commercial ventures should also be covered in the ordinance. Council directed the City
Manager to coordinate this matter with Staff and repon back to Council.11. RECESS The
City Council
recessed at 4:20 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:Serrano Irrigation District
vs. City of Orange, Orange County Superior Court Case No.613800.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 relation matters pursuant to
Government Code Section 54957.6.PAGE 12
454
CITY COUNCIL MINUTES February 11, 1992
11. RECESS (Continued)
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.
f. 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. Given by Father John Janze, St. Norbert's Catholic Church.
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
12.2 ANNOUNCEMENTS - None 12.
3 INTRODUCTIONS - None 12.4
PROCLAMATIONS - None 12.5 PRESENT
A nONS - None 13. PUBLIC HEARINGS 13.
1 FINAL DRAFT,
SOURCE REDUCTION RECYCLING ELEMENT,HOUSEHOLD HAZARDOUS WASTE ELEMENT,
CITY OF ORANGE:C2300.L)The public
hearing to
consider the City of Orange's final draft of the Source Reduction and Recycling Element, and the
Household Hazardous Waste Element, in compliance with State legislation, Assembly Bil1939, the
Integrated Waste Management Act of 1989, which outlines specific plans the City
will implement in order to achieve a 25% reduction in refuse sent to landfills by 1995 and 50%
reduction by the year 2000 has been continued from December 10, 1991.The preliminary draft was
received and filed by the City Council on November 19, 1991.THE PUBLIC HEARING WAS
NOT OPENED.PAGE 13
455
CITY COUNCIL MINUTES February 11, 1992
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
ABSENT
Coontz Steiner
Steiner, Barrera,
Coontz, Spurgeon Mayor Beyer Moved
to continue this
item to March 24, 1992, as requested by Staff.13.2 GENERAL PLAN
AMENDMENT 3-91-A, ZONE CHANGE 1134-91, COUNTY OF
ORANGE: - Tape 1-2483 (C2300.E)The
public hearing on petition by the County of Orange to consider General Plan Amendment 3-91-
A to change the land use designation of propeny from Open Space/Parks to Low Density
Residential, 2 to 6 dwelling units per acre has been continued from January 14, 1992.
Zone Change 1134-91 to reclassify propeny from R-O (Recreation - Open Space) District to
RI-8 Residential, Single Family, minimum lot size 8,000 sq. ft.) the western third ponion of
the site,approximately ten acres; and RI-1O (Residential, Single Family, minimum lot size 10,
000 sq. ft.),the eastern two-thirds portion of the
site, approximately twenty acres.The project site is approximately 30 acres in size, undeveloped, and is
located south of the intersection of Rancho Santiago
Boulevard and Hewes Street.NOTE: Negative Declaration 1376-91 has
been prepared for this project.
THE
PUBLIC
HEARING
IS
OPEN.MOTION
SECOND AYES
ABSENT Coontz Steiner Steiner,
Barrera, Coontz Mayor Beyer,
Spurgeon Moved to continue this item for 90
days.PAGE
4'iO
CITY COUNCIL MINUTES February 11, 1992
13. PUBLIC HEARINGS (Continued)
13.3 TENTATIVE PARCEL MAP 91-281, VICKY TAKETA: (Tape
1-2512)C2500.M.16.
1 TPM-91-281)Time set for a public hearing on petition by Vicky Taketa to consider
Tentative Parcel Map 91-281 to allow the conversion of two detached dwelling units located
on an R-2-6 (RCD), Residential Duplex District (Residential Combining District) into
condominium units. The project site is a rectangular-shaped parcel containing approximately 6,100
sq. ft. of land located on the southwet corner of Culver Avenue and Grand Street (228
E. Culver Avenue and 404 S. Grand Street).NOTE: This project is categorically
exempt from the provisions of the California Environmental Quality
Act (CEQA) per State CEQA Guidelines, Section 15301.The Manager of Current
Planning indicated previous applications for two-unit condominiums have been reviewed by the City over the years.
Each application has been reviewed on its own merits.There is no specific policy issued from the
City Council on whether or not to accept these applications. The Planning Commission
has raised concerns in the three previous applications
and has questioned whether a two-pany condominium is feasible.Councilwoman Coontz thought Council
had indicated they did not want to see any more applications of this nature. Council
had discussed informally that Staff should work on solutions to
this problem. Staff did not understand that Council
wanted this.MAYOR PRO TEM BARRERA OPENED THE PUBLIC
HEARING.The following people spoke in favor of
the application:Applicant Vicky Taketa, 404 S.
Grand St.Eileen Henfelder, 720 E. Culver Ave.Thomas Owens, 228 E. Culver, owner
of the rear unit of the proposed conversion.
Nagui Mankaruse, 405! Ondine Circle, Huntington Beach.
Alice Clark, 205 N. Pine
Street.They made the following points:This is not precedent-setting. There have
already been a two condominium conversions approved in
Orange, one of them in Old Towne.The propeny is presently owned by two separate
families. The current loan situation is difficult and better financing could
be gotten if the conversion were approved.The Applicant was told when they built the rear unit that
it was not necessary to complete the garage at that time. They are planning to build the garage
now,
even if the conversion is not approved.The advantage is allowing single families to
get a
457
CITY COUNCIL MINUTES February 11, 1992
13. PUBLIC HEARINGS (Continued)
They are not asking for a lot split. The propeny owners want to legitimize their ownership with separate
titles to the home. There would be common lot ownership.CC &
R's have previously been approved by Council. They plan to use the same CC & R's that have been
previously approved.Benefits are
increased neighborhood stability, by having homeowners, rather than tenants.This is already
a 'done deal'. Council was asked to consider this as a separate case and have a little hean.The following
people spoke
in opposition:Roben Boice, 143 N.
Pine Street, on behalf of Old Towne Preservation Association..The following points were made:
OTPA is concerned about setting
a preceding with this approval.They agree with City Staff that
substandard lots are being created.Council's mandate is to do what
is best for the City of Orange, not to do what is best for the individual.THERE BEING NO FURTHER SPEAKERS, THE PUBLIC
HEARING
WAS CLOSED.MOTION SECOND AYES ABSENT Coontz Spurgeon Steiner, Barrera,
Coontz,
Spurgeon
Mayor
Beyer
CEQA Finding:
Moved that
the project is categorically exempt
from the provisions
of the California Environmental Quality Act.MOTION SECOND AYES NOES ABSENT Coontz Spurgeon Coontz,
Spurgeon Steiner, Barrera Mayor
Beyer
Moved
to
deny
the
condominium conversion
request via
Tentative Parcel Map
91-281 as
outlined in Planning
Commission Resolution No. PC-56-91, which covers the three items regarding setting a
precedent, reducing the availability of duplex propenies and the fact that the common areas
cannot be effectively g~verned by a homeowner's association consisting of two members.TIE
VOTE. Decision to be made when there is a fifth member of the
Council to break the tie vote.The City Clerk will renotice the item when Mayor Beyer returns.PAGE 16
458
CITY COUNCIL MINUTES February 11, 1992
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
ABSENT
Coontz Spurgeon
Steiner, Barrera,
Coontz, Spurgeon Mayor Beyer Moved
to direct Staff
to research the question of condominium conversions and come back to Council within a month,
if possible.13.4 CONDITIONAL USE
PERMIT 1927-91, TENTATIVE PARCEL MAP 91-260,BURKE COMMERCIAL
DEVELOPMENT: (Tape 1-4083) (C3300.0 CUP 1927-91)
Time set for a public hearing on petition by Burke Commercial Development to consider
Conditional Use Permit 1927-91 to allow general office and commercial uses in the
industrial district; to allow the shared use of parking facilities in an integrated development, and to allow
the creation of 16 individual parcels, of which 8 parcels have no direct access to a public
street.Also, consideration of Tentative Parcel Map to allow a 16 parcel subdivision. Subject project is
a rectangular-shaped parcel approximately 3.23 acres in size, located on the west side of
Main Street,nonh of Katella Avenue (1432 N.
Main Street).NOTE: In compliance with the California Environmental Quality Act (
CEQA), Negative Declaration 1390-91 has been prepared
for this project.The Applicant is proposing a mixed-use development consisting of office and
industrial uses on an industrial piece of propeny. The Manager of:Current Planning
indicated Staff had difficulties coming up with a system where the total parking available on the site
and the amount of commercial use vs. industrial use could be somehow limited so that too
much commercial doesn't overuse the available parking on the site. There will be 4 buildings, comprised
of 16 separate units,some of which will be nothing but industrial, others will be a
combination of industrial and commercial, so that the available parking on site will not be exceeded for
the uses proposed. The Planning Commission recommended approval of the application, subject to
the conditions
in the Staff repon.MAYOR PRO TEM BARRERA
OPENED THE
459
CITY COUNCIL MINUTES February 11, 1992
13. PUBLIC HEARINGS (Continued)
The following people spoke in favor:
Roben Guthrie, on behalf of the Applicant Burke Commercial Development, 42 Corporate Park,Irvine
92714.lliERE
BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.MOTION
SECOND
AYES
ABSENT
Steiner
Barrera Steiner,
Barrera, Coontz,
Spurgeon Mayor Beyer CEQA Finding:
Moved to accept
the findings of the Environmental Review Bord to file Negative Declaration 1390-91, and that
the ERB has found the proposed project will not have a significant,adverse impact upon wildlife
resources or the environment and that it is in conformance with CEQA.MOTION SECOND AYES
ABSENT
Steiner
Barrera
Steiner,
Barrera,
Coontz, Spurgeon
Mayor Beyer
Moved to approve Conditional Use
Permit 1927-91
as outlined in Planning Commission Resolution No. PC-45-91.MOTION SECOND AYES
ABSENT Steiner
Coontz
Steiner,
Barrera,
Coontz,
Spurgeon Mayor
Beyer Moved
to approve Tentative Parcel Map
91-160 as
outlined in Planning Commission Resolution No. PC-46-91 PAGE 18
460
CITY COUNCIL MINUTES February 11, 1992
13. PUBLIC HEARINGS (Continued)
13.5 GENERAL PLAN AMENDMENT 3-91-B, PRE-ZONE CHANGE 111"
2-89, A & A VENTURES:(C2300.
E GP A 3-91-B)Time set for a public hearing on petition by A & A
Ventures to consider General Plan Amendment 3-91-B to change the land use designations
from Open Space to Low/Medium Density Residential
6 to 15 dwelling units per acre) and;Pre-Zone Change 1112-89
from County of Orange AR20,000-SR (Agricultural, Minimum Lot Size 20,000 sq. ft.) to City of
Orange R-3 (Residential Multiple Family) District. The project site is an irregular-shaped parcel 3.9 acres
in size, and is located on the
east side of Crawford Canyon Road,approximately 400 feet south of
Chapman Avenue NOTE: In compliance with the California
Environmental Qualtiy Act (CEQA), Negative Declaration 1294-89 has been prepared for this project.
The Manager of Current Planning indicated the propeny is located below the Orange County
Mining Company, on Crawford Canyon Road. The Applicant is requesting an amendment to the General Plan, to
change the site's land use designation from its current Open Space designation,
to Low-Medium Residential, to allow residential development on the propeny. The Applicant is also
requesting a Zone Change, to Prezone the site from what is now County zoning, representing
agricultural and minimum 20,000 square foot parcels, to R-2-8,
which is a residential duplex zoning. The Low-Medium Residential designation requested would
allow 6-15 dwelling units per acre on the propeny. The Planning Commission recommended denial,
based on reasons indicated in the Staff report. The Planning Commission felt a more appropriate
zoning classification for the site would be R-
I-20, minimum lot size of
one-half acre, or 20,000 square feet.MAYOR PRO
TEM BARRERA OPENED THE PUBLIC
HEARING.The following people spoke in favor:The Applicant Philip Anthony, 2157 Pacific Avenue,
Costa Mesa.The following points were made:The slope comes above Crawford Canyon and affords some
very good view sites.A low-density townhome development would be a good asset to the City's
housing mix.In an effon to bring the zoning down to what would be considered
safe, the Applicant suggested Council consider an R-1-6
zone and take the General Plan designation from Low-Medium down to Low Density residential, with the 2-6 units per
acre range.Given the shape of the
lot, and the R-l-6-4 frontage of at least 60 feet, it
would allow
461
CITY COUNCIL MINUTES February 11, 1992
13. PUBLIC HEARINGS (Continued)
The Planning Commission felt these dwelling units would not be environmentally desirable. The Applicant
did not agree with this finding, since there would be a 25 foot setback, and there are many
homes in the City on much busier streets and closer to the highway.The
Applicant indicated the site is vinually invisible from Chapman Avenue.The Traffic
impact on the area would be negligible.They have had
a complete Engineering and Geological Study done to verify that grading would be reasonable on the
propeny.The studies done on
possible designs show that no retaining walls would be needed.The following people spoke in
opposition:Bob Bennyhoff, 10642 Morada Drive.
Shirley Grindle, 19051 Glen Arran.Paul
Evans, 242 Crawford Canyon Road, Unit #
19, Pres. Stonehenge Homeowners Assn.The following points were made:This plan has
been bounced around for three
years. Each time, the ERB has indicated there were serious problems with the site.Staff has not looked
at the new plan the
Applicant is now proposing.There are too many unknowns about the site and project
to approve it.This propeny was identified to be open space in the East
Orange General Plan, because of its terrain.How can the Applicant come in at the hearing and propose
a
different project?The homeowners in Stonehenge are concerned about this development, especially the slopes.Runoff
and retaining walls required because of the slope could be a problem.Crawford
Canyon Road has a safety problem, especially going nonh. The more traffic, the
more of a problem there will be.The residents of Stonehenge feel the proposed project is
inconsistent with the surrounding neighborhood and
feel it should remain as open space.Council expressed concern that whatever is done
in this area should be aesthetically pleasing in terms
of grading and elevation. Council asked about the widening of Crawford Canyon Road, since this
needs to be done, and would be done by the Applicant as pan of the
development. Council asked the City Attorney about using the Intent to Rewne process, and how this would affect
the filing with LAFCO. The City Attorney indicated this has been used in the past, but he
did not know how this would affect LAFCO's proceeding. He felt they required prezoning prior to annexation,
rather than Intent to Prezone.WERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.
PAGE 20
462.
CITY COUNCIL MINUTES February 11, 1992
13. PUBLIC HEARINGS (Continued)
Council clarified this is a Prezone Change, and not a request for development. Any funher
development of the propeny under this zone would have to come back to the Council and Staff for
review. The Planning Commission had the option to recommend any zoning it wanted. The
environmental documentation appears to be consistent, because the request is of less intensity than
that originally considered in the environmental documents. Accessibility by emergency vehicles is
not being considered at this point. This would be considered as a condition of project approval.
Council asked for clarification on procedure, and whether this should be sent back to the Planning
Commission. The City Attorney indicated Council is not required to refer this back, but it may at
their discretion. Council asked if the Environmental Review Board might change their
recommendation with the lesser zoning. Staff indicated it would be looked at with new
considerations. Council asked the Applicant to bring the Architect with him when he returns.
MOTION
SECOND
AYES
ABSENT
Coontz Barrera
Steiner, Barrera,
Coontz, Spurgeon Mayor Beyer Moved
to send the
application in its revised form back to the Planning Commission and the Environmental Review Board for
their decision/recommendation. The application to be returned to Council within 45 days.
NOTE: The Council recessed
at 8:47 p.m. and reconvened at 8:51 p.m.14. PLANNING AND ENVIRONMENT -
Tape 1-6260 14.1 A Request
to consider the status of acquisition and development of the former acquisition and development of the
former Santiago Golf Course. The Council may consider a request to conduct a Special Bond
Election for acquisition of the former Santiago Golf Course propeny. Tape 1-6260 (C25oo.D
Santiago Golf Course)The Director of
Community Development indicated this propeny has been the subject of several public hearings over
the past several years. Special effon has been made by Council, the community and the
landowner to find solutions to the future use issues for this area. In May, 1991,the City Council
adopted a conceptual open space and development alternatives plan done by Urban Edges. At the
same time, Staff was directed to proceed with a variety of activities, all targeted for finding solutions to
the ultimate use of the site.PAGE 21
463
CITY COUNCIL MINUTES February 11, 1992
14. PLANNING AND ENVIRONMENT (Continued)
In December, 1991, the Santiago Greenway Alliance conducted a poll to measure public interest in
placing a bond issue on the ballot to suppon purchase of the site. The results of that poll indicate
there is a sizable positive opinion towards doing the bond. Council is being asked to place on the
June 2nd ballot an issue asking the voters if they want to sell bonds for the purchase and
improvement of the propeny. The bond would provide funds for acquisition of the former Santiago
Golf Course, the Rosewood tract and the County propeny: the entire section between Tustin and
Cambridge. Additionally, it would provide for flood control protection of that area and a small area
west of Cambridge and site improvement. The cost to owners of a typical single family residence
in Orange, if this package were approved by the voters, would be less than $25.00. The capped
bond amount is not to exceed $25 million. If any ponion of that amount is not needed, once the
final cost determinations have been made, the bond would not be sold for that ponion.
The goal is to finalize the remaining alternatives to provide the community with a final decision on
site utilization concurrent with the ballot issue on June 2nd. All the various alternatives would be
pursued, not knowing the outcome of the ballot issue.
The following people spoke in a neutral position:
Andy Hall, the Law Firm of Jones, Hall, Hill and White, 4 Embarcadero, San Francisco,specialist
in the legal aspects of bonds.The
following people spoke in favor:Mary
Anne Skorpanicb, 292 Cambridge, on behalf of the Board of Directors of the Santiago Creek Greenway
Alliance.Howard de
Cruyenaere, 1825 East Albion A venue, Santa Ana, President of the Santiago Creek Greenway Alliance.Roben
Boice, 143
N. Pine Street, on behalf of Old Towne Preservation Assn.Larry Bonham, 332 S.
Olive Street.They made the following points:
They are striving to enhance
the creek as a living resource for present and future generations.The bond initiative will give the
citizens of Orange an opponunity to obtain open space in the middle of an urban setting.They want
to maintain the natural environment
and character of the creek.They provided an economic fact sheet with the
benefits of greenways, and offered to anyone in the audience who might be interested.The following people
spoke in opposition:Carole Walters, 534
N. Shaffer Street, President of CARE.
Vic Calagna, 1135 E. Culver.Eileen Henfelder, 720 E. Culver
Avenue.PAGE 22
464
CITY COUNCIL MINUTES February 11, 1992
14. PLANNING AND ENVIRONMENT (Continued)
They made the following points:
Council was asked to let the residents know how much it will cost on their taxes, and thanked for consideration
of putting it to a vote by the residents.Concern
was expressed for the senior citizens who do not keep well-informed and should be notified
how this will affect them.There
are about 500 people pushing this bond. One resident felt it was like the gravel pit,. where all the
neighbors wanted to do something with the propeny. However, 80% of the voters turned it down.What
about
maintenance of the area. The people should know exactly what it will cost.Open space area
can be risky, with strangers lurking about.Council felt there was
a great deal of interest in the development of this propeny as a greenway.All the aspects of
the bond will be addressed in detail. Complete information will be given to the community, so that everyone
will be fully informed and the voters will decide how they feel about the project. This is
a very imponant step in bring this matter to a closure. There has been a change in attitude recently about
the environment. Now is the time for these people to 'stand up and be counted'. If it doesn'
t get approved, the propeny will be developed.RESOLUTION NO. 7948 A
Resolution of the
City Council of the City of Orange detennining that the public interest and necessity demand the acquisition
and improvement of real proepny lying generally along Santiago Creeek between Han Park
and Tustin Street.MOTION SECOND AYES ABSENT
Coontz
Steiner
Steiner,
Barrera,
Coontz, Spurgeon
Mayor Beyer
That Resolution No. 7948 as
introduced be adopted
and same was passed and adopted by the preceding vote.RESOLUTION NO. 7949 A Resolution of
the City
Council of the
City of Orange requesting the services of the Registrar of Voters of Orange County and authorizing the filing
of an impanial Analysis, Statement of Economic Effect and Written Arguments. (Bonds for Park
Acquisition.)PAGE 23
465
CITY COUNCIL MINUTES February 11, 1992
14. PLANN!NG AND ENVIRONMENT (Continued)
MOTION
SECOND
AYES
ABSENT
Coontz
Spurgeon Steiner,
Barrera, Coontz, Spurgeon Mayor Beyer
That Resolution No.
7949 as introduced be adopted and same was passed and adopted by the preceding vote.ORDINANCE
NO. 3-
92 An Ordinance
of the City Council of the City of Orange ordering the submission of a proposition of incurring bonded
debt for the purpose of the acquisition and improvement of real propeny lying generally along
Santiago Creek between Han Park and Tustin Street for a municipal park to the qualified voters
for the City of Orange at an election to be held for that purpose.MOTION SECOND
AYES
ABSENT
Steiner
Coontz
Steiner, Barrera,
Coontz, Spurgeon
Mayor Beyer That Ordinance No.
3-92 have
fIrst reading waived and same was set for second reading by the preceding vote..Council asked the
cost of
the special election. The City Clerk estimated $6,000.00. Frank Elfend of Elfend and Associates indicated
he would fund the election expense.It.15. ORAL PRESENTATIONS - None
16.
ADJOURNMENT The City Council adjourned
at 9:
40 p.m.GENE BEYER MAYOR l12A'AA~~ a~~
MARILYN J.
J
SENt/CM ,C
TY CLERK BY:U<c-ARRERA, MAYOR PRO
TEM PAGE 24