04-23-1991 Council Minutes466 APPROVED BY CITY COUNCIL ON MAY 14,
CITY COUNCIL MINUTES
OF A REGULAR MEETING
1991-
ORANGE, CALIFORNIA
APRIL 23, 1991
The City Council of the City of Orange, California convened this 23rd
day of April, 1991 at 3:00 p.m. in the Council Chambers, 300 E.
Chapman Avenue. Oranae. California.
1. OPENING
Mayor Beyer announced the annual Youth in Government Day was held
today, with students from four Orange Unified School District high
schools participating. They held a mock city Council meeting.
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
1. 2 ROLL CALL
PRESENT - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT -
None 1.3
APPROVAL OF MINUTES C2500.D.4)Regular Meeting -
April 16, 1991 MOTION SECOND AYES
Barrera
Spurgeon
Steiner,
Barrera, Mayor
Beyer, Coontz,
Spurgeon ACTION: Approved as corrected.1.4
PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS 1.
5 PROCLAMATIONS a. National Day
of Prayer, 1991.
This proclamation was mailed to the National Prayer Committee.b.
Youth Week - May 1-8.
Proclamation was accepted by Retired Police Lt. Mike Leintz on behalf
of the Orange Elks Lodge, who will be sponsoring National Youth Week
May 1-8, 1991 in Orange. Exalted Ruler Leintz reported
that Councilman William steiner will be the keynote
speaker at Youth Day, May 1st.2.CONSENT CALENDAR TAPE 305
2.1 Declaration of City
Clerk Marilyn J. Jensen declaring posting of city Council Agenda of
a regular meeting of April 23, 1991,at the City of Orange,
Main Library, the Eisenhower Park Bulletin Board, and the New
Police Facility at 1107 N. Batavia,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.Page 1
467
CITY COUNCIL MINUTES APRIL 23, 1991
2. CONSENT CALENDAR (Continued)
2.2 Authorize Mayor and Director of Finance to draw warrants on
city Treasurer in payment of demands.
ACTION: Approved payment.
2.3 Request from Community Development to transfer of $15,200 from
account 100-6033-427800 (Other Contract
Services) into
accounts:
100-
6011-
426700
100-6011-445200
100-6032-
471301 500-1601-481301-9303 100-6001-441101 100-6021-449100 (C2500.
G)ACTION: Approved.2.4 Request approval
for appropriation of $75,000 from Water Dept.unappropriated fund
balance to Account 600-
8011-462202-
8919 for legal fees and engineering fees for the Irvine Lake
Water Appropriation Application. (C2500.M)ACTION: Approved.2.5 Award Bid #
901-45 for Street Maintenance 1990-91 at various locations in the City of
Orange to All
American Asphalt
Inc.,in
the amount
of $1,018,077.88 and reject
all other bids. Fund
Nos. 260-
5021-783300-3112, 260-5021-483300-3001,260-5021-483300-3181, 260-
5021-483300-3111,260-5021-
483300-3112, 271-5021-783300-3111,271-5021-783300-3121, 271-5021-
483300-3111,General Services Fund, and Water Department Fund.A2100.
0 A.
1784)ACTION: Approved.Council requested that the number and the name of the
account be included in future budget requests.2.6 Request approval for
extension of time for Orange Homes haul permit until August
1, 1991. (T4000.0 Tract No. 13842)
ACTION: Approved.2.7 Request
for the
installation of
a '
Driveway
468
CITY COUNCIL MINUTES APRIL 23, 1991
2. CONSENT CALENDAR (Continued)
2.8 Request for the installation of a 'Driveway Vision Zone' on the
West side of Newport Blvd. south of Chapman Ave. at the Orange
Canyon Village Shopping Center. Funds for this work are
provided in the department's normal operating budget under Fund
250-5032-427100. S4000.S.
3.1)ACTION: Approved the installation of 'No
Stopping Anytime-Tow Away' restrictions on the west side of
Newport Blvd. between Chapman Ave and
White Oak Ridge.2.9 Review and file Orange County Transit District's
new policy for bus re-
routing requests. (OC1300.D)ACTION:
Received and filed report.2.10 Request for the installation of
a 'No Parking Anytime-Busses Exempt' zone on the north side of Palm Ave.
west of Main st. at Sycamore Elementary School. Funds
for this work are provided in the department's normal
operating budget under Fund No#
250-5032-
427100. (S4000.S.3.1)ACTION: Approved.2.11 Request permission for
the Orange Jaycees to hold their Annual Parade and May Festival at Hart
Park on May 9-12, 1991 and
that all
fees be waived. (P1300.0.9)ACTION: Approved.2.12 Request approval of the
budget transfer of $5,500 from the
City Council Materials & Supplies Account 100-0101-
426700 to the Data Processing capital outlay account 500-
1601-481301-9303
for the
purchase of a computer & printer for the Council Secretary. (C2500.E)
ACTION: Approved.2.13 Request authorization to advertise
to invite bids for
the development
of pitcher Park, 204
S. Cambridge st.
C2500.M.4.16)ACTION: Approved.MOTION - Mayor
Beyer SECOND - Spurgeon AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
All items on the
Consent Calendar
469
CITY COUNCIL MINUTES APRIL 23, 1991
3. REPORTS FROM MAYOR BEYER - None 4.
REPORTS FROM COUNCILMEMBERS Non-
agenda item: Councilman steiner asked for permission to leave
the state.
MOTION - Barrera SECOND -
Spurgeon AYES - Steiner,
Barrera, Mayor Beyer, Coontz, spurgeon Moved to grant
Councilman Steiner permission to leave the state from May 13-16,
1991.5.REPORTS
FROM BOARDS. COMMITTEES AND COMMISSIONS TAPE 353 5.1
Report from Advertisinq & Promotional Fund Policy Committee for funds to
be transferred from the Unappropriated Surplus (Fund 2351 .for the
purposes set forth: (OR1800.0.17)a. For
a dedication reception honoring the naming of the Police Facility
as the "Michael Parker Police Facility" in an amount not to
exceed $5,000;b. For
expenses in hosting a business tour of Russian dignitaries in
an amount not to exceed $1,500. The Mayor reported these Russian
officials are considering Orange as a possible site for a Russian
Trade Center.MOTION SECOND
AYES
Barrera
Spurgeon
Steiner,Barrera,
Mayor Beyer,
Coontz, Spurgeon Moved to approve an appropriation
to the Advertising and Promotional Fund in the amount of $
6,500 for the purposes set forth above.6.ADMINISTRATIVE REPORTS TAPE 391
6.1 Water Conservation Policy.
C2300.K)The Water Department Manager reported
that this resolution incorporates Metropolitan Water District of
orange County's recommended practices for all participating
agencies. MWDOC outlines recommended prohibited uses of water
that are wasteful and negligent,and encourage their constituents to
outlaw them. Current code sections of the Orange Municipal
Code prohibit wasteful and negligent use of water and authorize
discontinuance of water service if these practices continue.Page 4 r
470
CITY COUNCIL MINUTES APRIL 23, 1991
6. ADMINISTRATIVE REPORTS (Continued1
Resolution 7793 outlines water uses that would be considered
wasteful, such as irrigation systems that over-spray and
otherwise allow water to run off landscaped areas into adjoining
streets,sidewalks or other paved surfaces due to incorrectly directed
or maintained sprinklers and excessive watering, watering landscaped
or turfed areas during the hot part of the day between the hours
of lO:OO a,m. and 4:00 p.m. and on windy days, operating
decorative fountains without a water recycling system, hosing down
driveways,sidewalks or other surfaces except for health and safety
reasons,washing cars or other vehicles without using a bucket and/or a
hose with a shutoff nozzle, and leaving sprinkler pipes, faucets and
other plumbing fixtures
unrepaired.The City of Orange will expect restaurants not to serve
drinking water to customers unless specifically requested. If
drought conditions continue, the city will consider further methods
of achieving its conservation
goals.Council expressed strong support of the water conservation
program,indicating the City must set an example for the community by its
own conservation practices. A number of suggestions were made at
the recent study session. These included the use of
drought-resistant plantings, drip systems and other water conservation
techniques for all new developments. City plumbing should be checked for
leaks, and water saving devices should be used in all city
buildings. Waste water reclamation activities should be increased for
both irrigation and drinking water use. The city should explore the
possibility of its own reclamation plant and consider a dual piping
system for domestic and irrigation water uses for the entire city.
The public information program should be enhanced through the use of
cable, and the highest 10% water users in the city should be contacted
to help them attain lower water usage. The city should seek
assistance from the American Society of Landscape Architects
in preparing informational brochures on drought-resistant plants
for the public at-large, including an illustrated listing
of plants with botanical and common names
plus other helpful information.Dorothy Gibson, 3032 Oceanview st., addressed
the Council to request the watering hour restrictions indicate
Standard Time or Daylight Savings Time. Council directed the Water Manager
to
check into the matter.Council directed the City Manager to work
with the Water Department and other departments of the City and anyone else who
can be of help to achieve a long-range positive
program for
water conservation in the city.The Director of Public Works
assured the Council that their department is continuing to work
in these areas, including the landscape ordinance that will be coming
to the Council for approval.Water conservation is here to stay and will
be an ongoing concern of City Staff. Council asked to be updated
quarterly on progress in the
City's
471
CITY COUNCIL MINUTES APRIL 23, 1991
6. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 7793
A Resolution of the city Council of the City of Orange to adopt a
mandatory water conservation program.
MOTION - steiner SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No.
7793 as introduced be adopted and same was passed and adopted by
the preceding vote.6.2 Updated
Report on the Fourth of JulY Proqram honorinq our Persian Gulf Veterans. (
C2500.D)The Special Events
Coordinator reported the committee is requesting funds from the
City in the amount of $75,000 as seed money for the event. Council questioned
the ticket price for the evening fireworks display/extravaganza. The
planned charge was to be $10, which Council felt was
too expensive for families. The price could be reduced to $8
with the city's approval of the funding request.10,000 of
the funded amount would be considered a loan specifically for the evening
event, which would be reimbursed provided the event was successful. It
was noted that with the city's participation in the event, the
Special Events Coordinator can assist, direct and coordinate handling issues
such as ticket price. until the Council approves the money,
the city's participation is not clearly defined.Alice Clark, 205
N. pine st., asked the location of the various events. The location
of the pancake breakfast is yet to be determined; food/beverage/
crafts fair will be in the downtown plaza area, and the
evening event will be held at Fred Kelly Stadium. She suggested the committee
make sure there are enough seats in the stadium for all
tickets sold. The Special Events Coordinator indicated that there
is a plan to bring in extra seating. There will be seating on
one side of the stadium only, so people won't have a viewing disadvantage.MOTION -
Barrera SECOND -
Spurgeon AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon Moved to approve an appropriation in
an amount not to exceed $75,000 in seed money for the inaugural
annual Orange Independence Faire, and that permission be given to use
city facilities and personnel, and that all associated fees be waived.
7. REPORTS FROM CITY MANAGER - None
Page 6
472
CITY COUNCIL MINUTES APRIL 23, 1991
8.LEGAL AFFAIRS TAPE 1758
8.1 ORDINANCE NO. 11-
91 An Interim Urgency Ordinance of the City Council of the City
of Orange prohibiting hazardous waste treatment facilities without
a Conditional Use Permit. (A2500.0 Hazardous
Materials)The Advance Planning Administrator reported this interim
ordinance was prepared at the direction of Council. It adds the requirement
of a Conditional Use Permit for any off-site hazardous
waste treatment or storage facility. The Staff is in the process of
preparing a permanent ordinance that will address and implement
the
Tanner legislation.Councilwoman Coontz reported she has received a fax in
support of passing the ordinance from Cheryl and Greg Soliz, 476
N. citrus.The following people spoke in support of
the ordinance:J. L. Sommerfield, 726 W.
Nicolas Avenue.Steven Edwards, 647
N. Hariton.Stephen Drilling, 756
N. Hariton.Bill Dee, 726 W.
Nicolas Ave.Cheryl Soliz, 476
N. citrus.Their concerns were
as follows:Other cities, such as Brea, have stringent laws on hazardous
waste treatment facilities, and so should
Orange.Several schools are in the area and there should be concern about
the safety of the children.
Many employees of businesses in the area have been ill from the fumes
caused by LeaRonal.Businesses
should not be allowed to release toxic hydrogen cyanide and other
chemicals into the air.Business owners
are concerned about the health of their employees.Business owners are
concerned about property values decreasing with the LeaRonal business
in the area.The City should have
the final word on whether these hazardous waste treatment facilities are allowed
in the city, not the state.LeaRonal is a multi-national
corporation and should know the law requires permits; they show total
disregard for the law.An employee of LeaRonal was
seen drinking a beer for lunch; there is no way of projecting what
problems may be caused by human error.The Fire Marshal reported the results
of a department investigation of the LeaRonal facility. The Dept.
of Health Services indicated in late 1989, LeaRonal was found to
be operating without the appropriate state permits. LeaRonal subsequently agreed to
pay a substantial fine. The state indicates that at
no time were there any improper methods or procedures being used; they
are confident the process in use is properly controlled and safe.
This facility processes smaller quantities in their plating operation daily
than many other businesses of this type.Page 7
473
CITY COUNCIL MINUTES APRIL 23, 1991
8. LEGAL AFFAIRS (Continued)
The Air Quality Management District inspected the LeaRonal operation
and found them to be in compliance with air quality standards. At
the request of the Dept. of Health Services, the Orange County Health
Care Agency investigated LeaRonal and found no violations. There
have been no Fire Code violations during the past two years.
LeaRonal has been disclosing their hazardous materials inventory to
the Fire Department as required by state law since 1967. They have
prepared a business emergency plan, as required by state law, and
they are in compliance with all regulations. Since 1986, there have
been six responses by the Fire Dept. to LeaRonal, none of which were
related to hazardous materials. Fire Investigators visited other
businesses in the area, who reported no recent odor problems. One
response in June, 1988, was to Mr. Drilling's facility for an odor
check; a LeaRonal employee indicated that the odor was caused by a
dextrose-based product being used in the manufacturing process,
which use was discontinued in late
1988.The purpose of the Tanner legislation was to insure local
management of hazardous waste. Council asked what the Fire Dept. and the
city can do to monitor these hazardous waste facilities now and in
the future. The Fire Marshal indicated air modeling could be
conducted with the proper equipment, a technique for monitoring which can
be contracted out, if necessary. The Fire Marshal will
investigate other ways of monitoring. Council felt that periodic checks of
these businesses should be done by the city. The Fire Marshal was
directed to investigate the costs involved in conducting these
checks.Council felt the City has a responsibility for the welfare
of citizens in the community. Employees of industrial firms in
Orange have indicated the City of Orange should be more careful about
plans for industrial buildings that handle hazardous materials. There
are problems with runoff; chemicals should not run off into the street
to impact the neighbors, the community at-large, and
the public right-of-way. Everything
should be contained on-
site.MOTION - Mayor
Beyer SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer,
Coontz, Spurgeon Moved to direct The Fire Marshal to investigate the cost
of air modeling equipment and other concerns expressed by Council
and report back as soon
as possible.The City Attorney indicated the motion to waive the reading
in full must be unanimous. The motion to adopt the
interim ordinance requires a four-fifths majority
vote to adopt.
MOTION - steiner SECOND -
Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
Moved to waive the reading in full of Interim Ordinance No. 11-
91.Page
8
474
CITY COUNCIL MINUTES APRIL 23, 1991
8. LEGAL AFFAIRS (Continued1
MOTION - Steiner SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Interim Ordinance
No. 11-91 as introduced be adopted and same was passed
and adopted by the preceding vote.MOTION - Coontz
SECOND - steiner AYES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon Moved to direct Staff to
develop an ordinance amendment which would cover on-site disposal of
hazardous wastes.8.2 RESOLUTION NO.
7792 A Resolution of the
city Council of the City of Orange revoking a Conditional Use Permit to
allow the use of a modular building as an office addition at an
automotive service station for failure to satisfy conditions in a
timely manner. (Tony's Unocal 76, 1650 W. La Veta). (C3300.0 No.
1795-89)MOTION - Coontz SECOND -
Spurgeon AYES - Barrera,
Mayor Beyer, Coontz,
Spurgeon ABSTAINED - steiner That Resolution No. 7792
as introduced be
adopted and same was passed and adopted by the preceding vote.8.
3 RESOLUTION NO. 7794 A Resolution
of the City Council of
the city of Orange agreeing to a Redistribution of Property Taxes for Annexation No.
391 (Fairhaven Islands - Area A). (A3100.0 No. 391)
MOTION - Barrera SECOND - Coontz AYES - Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon
That Resolution No.
7794 as introduced be adopted and same was
passed and adopted by the preceding vote.8.4 RESOLUTION NO. 7795
A Resolution of the City Council
of the city of orange
agreeing to a redistribution of property taxes for Annexation No. 392 (Fairhaven Islands - Area
B). (A3100.0 No. 392)Page 9
475
CITY COUNCIL MINUTES APRIL 23, 1991
8. LEGAL AFFAIRS (Continued1
MOTION - steiner SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No.
7795 as introduced be adopted and same was passed and adopted by
the preceding vote.8.5 RESOLUTION
NO. 7796 A Resolution of
the city Council of the City of Orange agreeing to a redistribution of property
taxes for Annexation No. 393 (Fairhaven Islands - Area C). (
A3100.0 No. 393)MOTION - Coontz SECOND - Barrera
AYES - Steiner, Barrera,
Mayor Beyer, coontz,
Spurgeon That Resolution No. 7796 as introduced be
adopted and same was passed and adopted by the preceding vote.8.
6 RESOLUTION NO. 7797 A Resolution
of the city Council of
the City of Orange agreeing to redistribution of property taxes for Annexation No.
394 (Fairhaven Islands - Area D). (A3100.0 No. 394)
MOTION - Barrera SECOND - Coontz AYES - Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon
That Resolution No.
7797 as introduced be adopted and same was
passed and adopted by the preceding vote.8.7 RESOLUTION NO. 7798
A Resolution of the City Council
of the city of Orange
denying Appeal No. 384 and upholding the recommendation of the Planning Commission and
denying a Conditional Use Permit to grant a density bonus
to allow construction of three additional apartments upon property situated approximately 400
ft. north of Washington Ave. at the end
of Park Lane at 180 S. Park Lane. (A4000.0 No. 384)
Conditional Use Permit 1889-91, Stewart Berkshire.MOTION - Coontz SECOND - Spurgeon
AYES - Mayor Beyer, coontz, Spurgeon ABSTAINED -
Steiner, Barrera That
Resolution No. 7798
as introduced be adopted and same
was passed and adopted
by the preceding vote.Page 10
476
CITY COUNCIL MINUTES APRIL 23, 1991
8. LEGAL AFFAIRS (Continued1
8.8 RESOLUTION NO. 7799
A Resolution of the City Council of the City of Orange agreeing to a
redistribution of property taxes for Annexation No. 397 (Crawford
Canyon southeast of Chapman). (A3100.0 No. 397)
MOTION - steiner SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No.
7799 as introduced be adopted and same was passed and adopted by
the preceding vote.ADDENDUM:MOTION - Mayor
Beyer
SECOND - Barrera AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon Moved that the need for action
on the following agenda items did not arise until after the agenda was
posted.8.9 RESOLUTION NO. 7801 A
Resolution of the City Council
of the City of Orange commending Lieutenant General Thomas W. Kelly (Ret.)
for his many years of outstanding service to the United States
Army and to the American people. (R2000.0)MOTION - Mayor Beyer
SECOND - Barrera AYES -
Steiner, Barrera, Mayor Beyer,
Coontz, Spurgeon That
Resolution No. 7801 as introduced be adopted and
same was passed and adopted by the preceding vote.8.10 RESOLUTION
NO. 7802 A Resolution of the
City Council of the City
of Orange commending Major General Royal Moore, Jr., Commanding General, Third Marine
Aircraft Wing, for his brilliant career as a Marine
aviator and for his outstanding role in the operation Desert Storm victory. (
R2000.0)MOTION - Mayor Beyer SECOND - Barrera AYES - Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon That
Resolution No. 7802
as introduced be adopted and same was passed
and adopted by the preceding vote.Bob Bennyhoff, 10642 Morada Drive, asked
for copies of Resolution 7801 and
7802.Page 11
CITY COUNCIL MINUTES APRIL 23, 1991
477
9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10. ORAL PRESENTATIONS - None THE
CITY COUNCIL RECESSED AT 5:07 P.M. AND RECONVENED AT 7:00 P.M.MOTION
SECOND
AYES
Mayor
Beyer Spurgeon Steiner,
Barrera,Mayor
Beyer, Coontz, Spurgeon The City Council recessed
at 5:07 p.m. to an Executive Session,pursuant to Government Code
Section 54956.9(A) in order to meet with its Legal Counsel to
discuss pending litigation entitled, Doris Kuehl vs. city of Oranae,
Orange County Superior Court Case No. 56 52 88.7:00 P.M.
SESSION 11. INVOCATION - Pastor Perry
Hipple, Church of the Nazarene.11.1 PLEDGE OF ALLEGIANCE
TO THE FLAG 11.2 ANNOUNCEMENTS Mayor Beyer
welcomed Boy Scout
Troop 342 in attendance in the audience. The Scoutmaster reported they
are working on their Citizenship in the Community Merit
Badges.11.3 PRESENTATIONS - None 11.
4 PROCLAMATIONS - None 12. PUBLIC
HEARINGS 12.1 PREZONE CHANGE
1133-91. CITY
OF ORANGE:TAPE 3905 Time set for a public hearing
on petition by the City of Orange to consider Prezone Change 1133-91 to
reclassify four (4) unincorporated single family parcels from existing
county R-1 (7,200 sq. ft. minimum lot size, Single Family
Residential) District to city R-1-7 Residential-Single
Family District 7,000 sq. ft. minimum lot size).This
prezone change request is for city annexation purposes Annexation
390). (Z1500.0 Prezone Change No. 1133-91)
Page 12
T-
478
CITY COUNCIL MINUTES APRIL 23, 1991
12. PUBLIC HEARINGS (Continued)
The subject properties are:
Location
11202 N. Hewes
11212 N. Hewes
18761 E. Bond
18771 E. Bond
Owners
Mr. & Mrs. M. J. Chisum
Jose Antonio Vasquez
Mr. & Mrs. D. B. Edwards
Mr. C. E. Gaerte.
NOTE: The project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) pre State CEQA.
The Manager of Planning reported the annexation of these properties
has been approved by the City Council and LAFCO. The prezone was
recommended by the Planning commission on March 4 and is required
before the property can be accepted into the city. It requires
approval of the City Council. The proposed zoning corresponds to the
similar zoning these properties have in the county.
MAYOR BEYER OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.
MOTION - steiner SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer, Coontz, spurgeon Moved to approve
Prezone Change 1133-91 as outlined in Planning commission Resolution
No. PC-7-91.
12.2 ORDINANCE AMENDMENT 2-91. CITY OF ORANGE:TAPE
4137 Time set for a public hearing on petition by the city of Orange
to consider an amendment to the Zoning Ordinance to add
provisions regarding increased fence height in front yard setback areas in
the residential districts. (A2500.0 Fence
Setback)NOTE: Negative Declaration 1372-91 has been prepared to
assess the environmental impacts of
this project.The Manager of Planning reported Staff has been working
on the comprehensive Zoning Code update. A number of requests
have been received by Staff for front yard fences higher than the
42" currently allowed. Before changing the zoning code, the matter
was brought before the Planning commission and now the City
Council for direction. Under the current Ordinance, property owners
can apply for a Variance, which will allow higher fence height
under unique circumstances. The Staff recommends that the additional
fence height be no higher than 6 feet, and
non-view
479
CITY COUNCIL MINUTES APRIL 23, 1991
12. PUBLIC HEARINGS (Continued)
The Planning commission felt the current ordinance should be
retained. Their concerns were that additional fence height may have
impact on vehicular and pedestrian safety. Although additional fence
height may be appropriate under special circumstances, a blanket
allowance would be inappropriate. Additional fence height will
inhibit social interaction among neighbors and prove destructive to
the lifestyle currently enjoyed by Orange residents. The change
would create islands of substantial alteration of the massing and
volume of construction to the existing streetscape.
Council asked if there was any public input at the Planning
commission hearing. The Manager of Planning indicated there were
about 3-4 people who spoke to the issue; one opposed, the others
were people who had been cited by Code Enforcement for having their
fences too
high.MAYOR BEYER OPENED THE PUBLIC
HEARING.The following people spoke in favor of keeping the existing
fence
height:Dan Slater, 278 N. pine
st.Bob Bennyhoff, 10642 Morada
Drive.They expressed the following
points:Any increased fence height detracts from the overall streetscape.
Some homeowners feel the increased height looks good, but the neighbors
don't always agree.Higher
fences can sometimes give a jail-type effect.Variances
should not be issued freely to people who violate the Ordinance.In
the
East Orange area, fences of any kind are discouraged to keep the open
effect.THERE BEING NO
FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.MOTION - steiner
SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon Moved to support the Planning commission
recommendation and determine that Negative Declaration 1372-91 is
inadequate.MOTION - steiner SECOND - Coontz AYES -
steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon
Moved to deny Ordinance Amendment 2-91 as
outlined in Planning commission Resolution No. PC-6-91.Page
14 r----I
480
CITY COUNCIL MINUTES APRIL 23, 1991
12. PUBLIC HEARINGS (Continued)
12.3 ORDINANCE AMENDMENT 3-91. TRIP REDUCTION AND TRAVEL
DEMAND ELEMENT TO THE CONGESTION MANAGEMENT PLAN. CITY OF
ORANGE:TAPE
4577 Time set for a public hearing on petition by the City of Orange
to consider an amendment to the Orange Municipal Code intended to
meet the requirements of AB 1791, section 65089 (b) (3) of the
Government Code requiring development of a Trip Reduction and Travel
Demand Element to the Congestion Management Plan and section 65039.3 (
b)which requires adoption and implementation of a Trip Reduction
and Travel Demand Ordinance. (A2500.0 Trip
Reduction)The Director of Public Works reported the department has been
working on this plan since January, 1990. In order to qualify for
state funds, there are a number of eligibility requirements that must
be met by the end of this
month.The city Traffic Engineer reported that the department worked
closely with the Transportation Planning Committee, the Chamber of
Commerce and The Irvine Company in putting together this ordinance.
The Ordinance is focused toward decreasing vehicle trips, or
increasing vehicle ridership, which will reduce total traffic demand. It is
not intended to supersede, substitute or replace the requirements of
AQMD Reg. 15, which is much more
stringent.The ordinance is employee-oriented, and density related.
The City would have two methodologies for determining the number
of employees at a particular worksite. In Method A, the developer would
tell the city how many employees per worksite, providing justification
so the City can certify this is correct. Method B
identifies employee densities for a large variety of different land uses,
most commonly seen throughout the city. The ordinance applies to
those worksites with 100 or more employees. The goal is to attain a 1.
5 average
vehicle ridership.The Trip Reduction Plan must be presented by the owner
or developer of a project to indicate how this 1.5 Average Vehicle
Ridership will be achieved. There are five elements in this plan:
the trip reduction goal, the facility options (improvements to
be implemented to achieve goal), complementary actions (to make the
plan work),parties responsible to achieve and maintain the program
goal, and definition of how the program will be monitored
and enforced.The city's proposed ordinance is by far the least
stringent that Staff has reviewed. Other local cities' ordinances
are monumentally more restrictive and demanding than what Staff is
proposing. Upon approval, a copy of the plan would be placed on file in the
office of the city Clerk. Participation Agreements would be
completed between each Applicant and the City. The Participation Agreement
would be filed in the County Recorder'
s office.
CITY COUNCIL MINUTES
481
APRIL 23, 1991
12. PUBLIC HEARINGS (Continued1
In June of each year, after the initial filing, the owner must send
certification that the Traffic Demand Management actions are
continuing in effect. As conditions and circumstances change, with
the mutual consent of all parties, the conditions of the program
could be changed.
The final draft of the ordinance includes input from all
departments. Any appeals would be made to the Planning commission,
since all facility options and complementary actions become a
condition of approval for a given development. The Planning
commission is the first level of the approval process. Any developer
not happy with the results of the Planning Commission appeal can take
it to the City Council. The real enforcement body for the program is
the Air Quality Management District (AQMD). They have some very
stringent requirements. It is very likely that their current
worksite requirements will go from 100 to 50 employees. The City of
Orange ordinance is proposing to be no more restrictive than AQMD.
AQMD may also increase the Average Vehicle Ridership requirement from
1.5 to 1.7.
There are lots of problems to consider in different worksites, such
as shopping centers. For this reason, Staff has tried to make the
ordinance as flexible as possible. The Chamber of Commerce has some
serious concerns over the definition of worksite and the term
employers under common control". This term covers shopping centers
and large office buildings and complexes.
The enforcement penalties are $100 per day, which Staff felt was
reasonable. By comparison, our City Manager faces a penalty of
25,000 per day from AQMD for breach of performance.
Fees were subject to a great deal of discussion when putting the plan
together. Staff finally agreed upon a fee of staff time, plus
overhead. Some plans would require a great deal to time to review
and others very little. This seemed to be the most equitable
solution. The Chamber of Commerce did not agree with this, feeling
there should be a flat fee. This system is similar to that currently
being used for review of applications to the Planning Commission and
city Council on zoning matters, although they require a deposit.
Developers are used to this type of fee structure.
Council expressed concern over the lack of specific amounts for the
fees, and felt this was probably the concern of the Chamber of
Commerce. The Director of Community Development reported they are
very conservative on their fee structure and have never had any
complaints in this regard. Council was concerned that the fees might
be a burden to the small businessmen. Staff indicated that in most
cases, they would be dealing with the developer of a project, rather
than individual businessmen. Council was concerned because in many
cases of dealing with governmental agencies, you pay for the direct
service, plus administrative overhead, which can be significant. The
fees are a one-time payment to the City, in the range of $
300-800.
Page
16
482
CITY COUNCIL MINUTES APRIL 23, 1991
12. PUBLIC HEARINGS (Continued1
The Chamber's concerns fall into three areas: l) what constitutes a
worksite of greater than 100 employees; 2) triggering mechanism that
would make this ordinance apply to existing businesses in the
community; 3) fee mechanism to be used in this ordinance. They are
also concerned about the appeal mechanism and the method used to
communicate with businesses. They also request that the city be no
more re~trictive than those ordinances in adjacent cities or the
requirements by AQMD. These concerns were covered by Staff in the
discussion.
MAYOR BEYER OPENED THE PUBLIC HEARING.
The following people spoke to the issue:
Paul Pursell, 16561 Alliance, Tustin, representing the Orange Chamber
of Commerce.
The following points were made:
city Staff has been very cooperative with the Chamber in trying to find
areas of conciliation.The
Chamber wants the language clear, so as to protect the small businessman.If
a
plan had to be resubmitted a number of times before approval,the costs could
become substantial.The Chamber questioned
when this 1.5 AVR was required to be implemented, since the Fullerton
Chamber of Commerce indicated this was not required until
1999.The Chamber wants Orange
to continue its reputation as a good place to do business.The
Director of Public Works
indicated the AVR requirements go into effect immediately, not 1999. They
are required by Prop. Ill.The City Manager reported many
other cities have had their plans reviewed by the AQMD and
they were "kicked back", causing them to pay several thousand dollars to have
the plan reviewed again. orange is putting its best foot forward,
hoping to have theirs accepted.Council felt the definition of "
worksite" should be clarified in the plan, along with some examples.
It is one of the most important statements in the program.THERE
BEING NO FURTHER SPEAKERS,
MAYOR BEYER CLOSED THE PUBLIC HEARING.Legal Counsel indicated the
ordinance
was not in final ordinance form, so it was recommended
that the ordinance be approved and set for first reading at the
next Council meeting.Page 17 r
483
CITY COUNCIL MINUTES APRIL 23, 1991
12. PUBLIC HEARINGS (Continued)
ORDINANCE NO. 10-
91:Transportation Demand Management Plan regulations for the purpose
of more efficiently utilizing existing and planned
transportation systems by reducing peak-period vehicle trips and
increasing vehicle
ridership averages.MOTION -
Coontz SECOND - spurgeon
AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved
to approve Planning commission Resolution No. PC-13-91 and
set for first reading Ordinance No. 10-91, with changes to be
worked out by staff, with an expansion and clarification of the
definition of worksite" and to indicate an approximate range in the
fee structure.13. PLANNING AND ENVIRONMENT -
None 14. REPORTS FROM COUNCILMEMBERS - None
15. ORAL PRESENTATIONS - None 16.
ADJOURNMENT MOTION -
Mayor Beyer SECOND - Barrera
AYES - steiner, Barrera,
Mayor Beyer, Coontz, spurgeon Moved to adjourn at
8:27 p.m.The City council will
adjourn to a Joint Work Study Session with the Planning commission at 4:
00 P.M. on May 1, 1991, regarding the North Orange County Landfill Study.
7J(,dJ"A'~;V"'/
4 h//?!/MARILYN J. JEN~, ., CITYCLERKPage18