05-28-1991 Council Minutes1 4 APPROVED BY CITY COUNCIL ON JUNE
CITY COUNCIL MINUTES
OF A REGULAR MEETING
11, 1991-
ORANGE,
MAY 28,
CALIFORNIA
1991
The City Council of the City of Orange, California convened this 28th
day of May, 1991 at 3:00 p.m. in the Council Chambers, 300 E. Chapman
Avenue. Oranqe. California.
1. OPENING
1. 1 PLEDGE ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - steiner, Barrera, Mayor Beyer, Coontz, spurgeon ABSENT -
None 1.3
APPROVAL OF MINUTES Special Meeting -
May 8, 1991 MOTION SECOND AYES
steiner
Coontz
Steiner,
Barrera, Mayor
Beyer, Coontz,
spurgeon ACTION: Approved.Regular Meeting - May 14,
1991 MOTION -
Barrera SECOND - Spurgeon AYES - steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon ACTION: Approved.
1.4 PRESENTATION/ANNOUNCEMENTS/INTRODUCTIONS Chief Merrill Duncan
introduced two
new employees to the police
Department, Larry Goldsmith and Craig Rosene.1.5 PROCLAMATIONS - None
2.CONSENT CALENDAR TAPE 131 2.
1 Declaration of city Clerk
Marilyn J. Jensen declaring posting
of City Council Agenda of a regular meeting of May 28,
1991, at Orange Civic Center, Main Library, New Police Facility at 1107 N.
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.Page 1
1 5
CITY COUNCIL MINUTES MAY 28, 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.
2.3 Award Bid #901-52 for the widening and improvement of
Katella Avenue from 400' west of Tustin Street to Sacramento Street
to R. J. Noble Company in the amount of $709,516.25 and reject
all other bids. Account
Nos:284-5032-783100-6029 (
West Orange TSIP Tustin-Katella);284-
5011-783300-3131 (West Orange TSIP Major
Intersections);284-5011-483300-3214 (West
Orange TSIP Katella Ave.
Rehab.);530-5011-
783300-3214 (Drainage District
Katella Ave. Rehab.);251-5032-785100-3214,
251-5011-483300-3214 (Traffic Safety Katella Ave. Rehab.);260-5011-
783300-3214, 260-5011-
483300-3214 (street
Improvement Katella
Ave. Rehab.). (A2100.
0 A.
1796)40
bids were
sold, out
of which 8
responded as follows:
R. J. Noble
Company Excel Paving
Company Ruiz Engineering
Vernon Paving Company
Clayton Engineering Sully
Miller Griffith Company Damon
Construction 709,516.25 799,548.95 817,698.03 822,189.
20 837,270.10 867.654.90 872,890.10 1,085,
908.
95 ACTION: Bid No. 901-51 was awarded to low bidder R.
J. Noble Company in the amount of $709,516.
25; all other bids were rejected.2.4 Authorize and
approve the award of Bid #901-53. Repair and
replacement of overhead doors at seven
Fire stations to Overhead
Door Company of Saddleback Valley, Santa Ana, Ca. in the amount
of $
31,881.00. Account No.: 924-9811-481302-2504 CIP Furniture,
Machinery, and Equipment Replacement).A2100.0 A.1795)Four
companies were
I
1 (,
CITY COUNCIL MINUTES MAY 28, 1991
2. CONSENT CALENDAR (Continued)
2.5 Request approval of one-year extension of time for
vesting Tentative Tract Map 13833 located at the northwest corner
of Santiago canyon Road and Windes Drive. (T4000.0 No.
13833)ACTION: Approved, subject to
conditions.2.6 Request for the installation of "Red Curb" markings at
1117 &1127 W. primose Avenue. (S4000.S.3.
1)ACTION:
Denied.2.7 Request for the establishment of "Bus stops" on Lewis
Street,north of Chapman Avenue. Funds available in Account
No.:250-5032-427100 (Contractual services). (S4000.
S.3.
1 ACTION: Approved.2.8 Request for the installation of "4-Way
stop" controls at the intersection of Cambridge
Street and Maple Avenue.
S4000.S.3.3)ACTION: (1) Denied "4-way
stop" controls at this time;2) Approved
installation of additional signing and pavement markings on Maple Ave.
on a 6-month trial basis.Funds for this
work are available
in Account No.:250-5032-427100 (Contractual Services).2.9 Approve
renewal of the Health Services Agreement between the City and County which expires
June 30, 1991. (A2100.0 A.54.B)ACTION: Authorized
Mayor and City
Clerk to execute on behalf of the city.2.10 Authorize
execution of an Acknowledgment between the city of Orange and
Pepper West Inc., representing that the City will release retention
funds pursuant to the conditions set forth
in the Acknowledgment. (B4100.0 Bid No. 889-47A)
ACTION: Approved and authorized Mayor and
City Clerk to execute on behalf of the City.2.11
Request approval of reissuance of rough grading permit for
Southridge Development, Tract 12082, Via
Escola east
of Meats
1 7
CITY COUNCIL MINUTES MAY 28, 1991
2. CONSENT CALENDAR (Continued)
MOTION - Coontz SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon All items on
the Consent Calendar were approved as recommended.END OF CONSENT
CALENDAR 3. REPORTS FROM
MAYOR BEYER - None 4. REPORTS FROM COUNCILMEMBERS -
None 5. REPORTS FROM BOARDS. COMMITTEES
AND COMMISSIONS - None 6.ADMINISTRATIVE REPORTS TAPE 153 6.
1 A report bv the
City Enqineer on providinq sanitarv sewer service to the newlv-annexed CUmberland
Road residences and the formation of Assessment District No.
91-1 as the vehicle to insure homeowner repavment of construction
costs. (See Legal Affairs Pages 9 and 10). (T1100.
0 No. 91-1)The City Engineer
reported their department has been working with the homeowners since the
Cumberland Road area was annexed into the City of Orange in
March, 1991 to provide much-needed sewer service to the residences. The
homeowners were presented with three methods of financing the
main line sewer and laterals. The majority chose to form a
city-financed assessment district. The repayment of principal plus
interest would be amortized over a ten-year period and placed on
the homeowners tax bill.
The Assessment District Review Committee met on May 8, 1991, and
found this project consistent with City policy and recommends
approval by the city Council. The public hearing has been set for
July 9th. Council will accept testimony at that time and decide
whether to proceed.
Sufficient funds have been appropriated and are available for this
purpose under Account No. 520-5011-483200-5501 (CIP -
Sewer Main Construction). The money would be replaced into the account
over a ten-year period, plus 8% interest. The
homeowners with existing sewer laterals would pay $273.90 per year and
the homeowners without existing sewer laterals would pay $495.28 per
year,
as preliminarily estimated.
MOTION - Coontz SECOND -
steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
Moved to receive and file report.
Page 4
r B
CITY COUNCIL MINUTES MAY 28, 1991
6. ADMINISTRATIVE REPORTS (Continued)
6.2 Report bv the Communitv Development Department reaardina the
hirina of a consultant to provide the necessarv aerial photoaraphs
and topoaraphic maps for the Recreational Trails Studv. It is
recommended to appropriate $19,985 from Unappropriated General Fund
Reserves to Account No. 100-6011-426700 (
Other Professional consulting services). TAPE 356 (
C2300.H)The Senior Planner, Advance Planning, reported it has been
found in preparing to hire a consultant to perform the
Recreational Trails Master Plan, that the most current topographic
information available in the City is dated 1975. This is substantially
out-of-date, based on development that has occurred since then,
especially in the East Orange area. In order to adequately
identify existing and proposed trail locations in the eastern hilly portion of
the City, where most of the trails exist, it is necessary to
provide the Trails consultant with a minimum amount of recent topographic
information, so that in their extensive field investigation of trails in
the area, they have mapping of the major of physical
features. The trails consultant will be field checking all existing trails
and designing new trails to fill gaps in the system and therefore
will need three dimensional mapping information that reflects the
current state of development.Staff has negotiated an addendum to the
existing contract with Robert J. Lung and Associates, who are
presently flying aerial photography work for the Public Works Department.
By expanding this existing contract, the city may be saving half of the cost
of going
with
a
separate contractor.I~I 'Council questioned whether the county has been
approached to ask if they would share in any of these
expenses. The Senior Planner indicated the County has not yet been
approached. Council also asked the status of the CIP budget. The funding
for the Public Works aerial photography
has already been approved.Council asked the projected cost of the study; it
was reported to be approximately $50,000, and will be on the
agenda for the first meeting in June. Council would like a memo
from Staff with the response from the County as to whether they
will help participate in the cost of the study, by the first meeting
in June. The Senior Planner suggested it was appropriate for the city to
pay for the cost of the maps, since the area being done is
within the City. However,some of the area that is the subject of
the study is still unincorporated county land, so perhaps the county
would help
1 9
CITY COUNCIL MINUTES MAY 28, 1991
6. ADMINISTRATIVE REPORTS (Continued)
Council questioned whether the trails study was a budgeted
expenditure. Staff indicated it was not budgeted, and would come
from unappropriated funds. In November, 1990, when studying the
widening of santiago Canyon Road, Council suggested a complete study
of the trail systems be done. Council discussed continuing this item
to allow the Council to consider this expenditure in context with all
other budgetary priorities, given the recession, the uncertain
economic climate, and the decline in sales tax revenues for the city.
Bob Bennyhoff, 10642 Morada Drive, urged the Council to go forward
with the trail study now. He claimed the trail study is about 25
years late. The City has promised residents time and time again
there would be a trail system in Orange, but there is none. There
are some things happening the Council should be aware of: the County
is making a very serious master plan of trails. Upper Peters Canyon,
Anaheim Hills and the santiago Oaks trails, were under discussion in
recent County meetings, all of which are extemely important to Orange
Park Acres.
Council indicated they were in favor of getting the job done, but
when items come to the Council this close to budget time, they feel
these things should be included in next year's budget planning. The
City Engineer indicated time is of the essence in this matter,
because the photographic mapping is currently being done. Doing it
as a separate item would increase the cost.
Bob Bennyhoff indicated the City of villa Park has also adopted a
Master Plan of Trails. These three entities must work together: the
City of Orange, the city of Villa Park and the County of Orange. We
now have them all going in the same direction at the same time, and
it would be a shame to stop at this point, when money can be saved by
going ahead now.
Council commented that a commitment had been made to support the
master trail system the last time it was brought before council, in
January or February. Council asked if the different trail studies
being done by the different entities overlapped with one another.
The Director of Community Development indicated they would make
certain that Orange's trail system integrated well with the
neighboring jurisdictions.
Council questioned whether the Irvine lands to the east are being
considered in the trail system. Some of the other entities may be
one step ahead of Orange. The Director of Community Development
indicated the eastern future portions of the City's Irvine Company
properties are not to be master-planned at this time. That will
take place when specific plans are done on those
areas.Page
20
CITY COUNCIL MINUTES MAY 28, 1991
6. ADMINISTRATIVE REPORTS (Continued)
MOTION
SECOND
AYES
steiner Coontz
Steiner,Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to approve
the appropriation of $19,985 for aerial photographs and topographic maps
for the Recreational Trails Study. Funding for I~the recreational trails
study to be considered as part of the 1991-92 budget deliberations,
to determine its priority in terms of City needs and
requirements. Staff to investigate possible County financial participation
in the trails study.6.3
Report bv the Parks Manaaer reaardina consideration of a Tree Maintenance Proaram.
TAPE 890 (C2500.M.15)The Parks
Manager indicated on March 19, 1991 Council directed staff to prepare
a report on the tree program, addressing the Street Tree Inventory Report,
employee vacancies in the Street Tree section, cost of maintaining
parkway trees, and the water management system for the drought. (See
report on file in the city Clerk's office.)Council has
received the hard copy of the information collected by Golden Coast
Environmental Services. The software was demonstrated recently to
those Counci1members who were available. The data collected in
the tree inventory includes location, species, physical characteristics, maintenance
classification, environmental conditions, and
damage.The employee
vacancies were through attrition. Those positions remained vacant
from 3-6 months in some cases. while the Personnel Department
conducted the recruiting process. They have now been filled.
CUrrently $
778,000 is budgeted for maintenance costs for parkway trees. $
126,000 of that money is currently appropriated for contract trimming.
For 1991-91, they are projecting $774,000, which takes
into account the cutbacks for next year.
In keeping with the City's Water Conservation Policy, Staff has made
every effort to keep tree watering to a minimum. The tree wells are
watered a minimum of 9 times a year, using a water tank vehicle.
They water up to a maximum of 14-18 times, if the equipment
is available. There are 2 - 19 hour employees assigned to that task.
The Tree Department is recommending to start a planting program in
the city. To date, there are approximately 8,300 vacant sites that
can be planted. They are recommending a five-year program, at a
cost of $15,600 per year. Should they plant every vacant site, it
would cost about $47,000 annually. The success rate on replanting trees
is 34% for every tree
removed.Page
2 1
CITY COUNCIL MINUTES MAY 28, 1991
6. ADMINISTRATIVE REPORTS (Continued)
Council made some suggestions: there are certain areas in town that
need more attention, due to the prevailing winds causing debris under
the trees. Council suggested having the maintenance people keep the
wells cleaned out and weeded. This could be done while they are
watering them. Council asked how accurate the $42 million value was
that was placed on the City's trees. The Tree Manager felt it was
pretty accurate. This is based on a formula from the International
Shade Tree organization used for valuing trees. The data collected
from Golden Coast was also used. Council was very impressed with
both the inventory and the software program. Council would like to
have a long-range plan developed. It was suggested to
give homeowners a wish list for trees. At present, the city has a
listing of what tree must be planted. It would be better to have
several trees from which to
choose.Council suggested starting an educational program on trees.
The school district recently participated with The Irvine Company
in planting seedlings. However, an educational program did not go
along with that. One of the problems the city has with street trees
is that children will tear off branches, and sometimes break the
trunk in two. The long-term success of the program has a lot to
do with the education of the children. There are probably
programs already available. In cooperation with the school district, it
could be achieved. Homeowners could also benefit from knowing more
about the trees in
their parkways.The City used to have a street tree program where certain
trees went on certain streets, but they have deviated from that now.
The Street Tree Department is currently looking at Old Towne, working
with the Old Towne Tree Committee. The trees have been
inventoried and streets have been identified that can take several
varieties. Where streets are predominantly one variety, they will stick
with that.There are some streets in the city where three varieties
can be offered, based upon the width of the parkway. They plan to
use this as a pilot program for the rest of
the city.Council questioned what criteria is used to designate a "
tree city".The Tree Manager indicated there are four requirements. First
is $2 per capita minimum annual expenditure. The city must also
have a tree ordinance and a preservation ordinance. Finally,
an annual Arbor Day observance is required. Orange is in compliance
with all of
these requirements.MOTION -
Coontz SECOND - Barrera
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved
to receive and file Street Tree Inventory Report. Council looks
forward to receiving a long-range plan as soon as resources are
available.
Page 8
22
CITY COUNCIL MINUTES MAY 28, 1991
7. REPORTS FROM CITY MANAGER - None 8.
LEGAL AFFAIRS TAPE 1252 8.
1 RESOLUTION NO. 7816 A
Resolution of the City Council of the city of appointments
in a Special Assessment District.Assessment
District 91-1) (T1100.0 No. 91-
1)Orange
making Cumberland
Rd.,
MOTION
SECOND
AYES steiner
Coontz Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution
No. 7816 as introduced be adopted and same was passed and adopted
by the preceding vote.8.2
RESOLUTION NO. 7817 A Resolution
of the City Council of the city of Orange adopting a map showing the
proposed boundaries of a Special Assessment District.Cumberland Rd.,
Assessment District 91-1) (T1100.0 No. 91-1)
MOTION - Coontz SECOND -
Spurgeon AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No.
7817 as introduced be adopted and same was passed and adopted by
the preceding vote.8.3 RESOLUTION
NO. 7818 A Resolution of
the City Council of the City of Orange, declaring intention to order
the installation of certain improvements in a proposed Assessment District;
ordering the preparation of a report describing the district
to be assessed to pay the costs and expenses thereof; and providing
for the issuance of bonds. (Cumberland Rd.,Assessment District 91-
1) (T1100.0 No. 91-1)MOTION -
Spurgeon SECOND - steiner
AYES - Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon That Resolution No. 7818
as introduced be adopted and same was passed and adopted by the
preceding vote.r-8.4 RESOLUTION
NO.
7819 A Resolution of the
City Council of the City of Orange passing on the Report" of the Engineer,
giving preliminary approval and setting a time and place for
public hearing. (Cumberland Rd., Assessment District 91-1) (T1100.
0 No. 91-1)Page 9
2 3
CITY COUNCIL MINUTES MAY 28, 1991
8. LEGAL AFFAIRS (Continued)
MOTION - Coontz SECOND -
Spurgeon AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No.
7819 as introduced be adopted and same was passed and adopted by
the preceding vote.8.5 RESOLUTION
NO. 7820 A Resolution of
the City Council of the City of Orange referencing prevailing wage scale
and directing call for construction bids.Cumberland Rd., Assessment
District 91-1) (T1100.0 No. 91-1)MOTION -
Spurgeon SECOND - Coontz
AYES - Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon That Resolution No. 7820
as introduced be adopted and same was passed and adopted by the
preceding vote.8.6 RESOLUTION NO.
7821 A Resolution of the
City Council of the City of Orange giving preliminary approval to the "
Engineer's Report for Landscape Maintenance Assessment District 86-
2 and declaring its intention to provide for an
annual levy and collection of assessments in that special maintenance district
and setting a time and place for pUblic hearing to receive
evidence on the foregoing matters. (L1200.0 No.86-2)MOTION -
Coontz
SECOND - Steiner AYES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon That Resolution No. 7821 as
introduced be adopted and same was passed and adopted by the preceding
vote.8.7 RESOLUTION NO. 7822
A Resolution of the city
Council of the City of Orange g~v~ng preliminary approval to the "Engineer'
s Report for Landscape Maintenance District 82-1 and
declaring its intention to provide for an annual levy and
collection of assessments in that special maintenance district and setting
a time and place for public hearing to receive evidence on
the foregoing matters. (L1200.0 No. 82-1)MOTION - Coontz SECOND -
Spurgeon AYES - Steiner,
Barrera, Mayor Beyer,
coontz, Spurgeon That Resolution No. 7822 as introduced
be adopted and same was passed and adopted by the preceding vote.
Page 10
24
CITY COUNCIL MINUTES MAY 28, 1991
8. LEGAL AFFAIRS (Continued)
8.8 RESOLUTION NO. 7823
A Resolution of the City Council of the City of Orange approving the
amendment to the 1988 Orange County Hazardous Waste Management Plan.
A2500.0 Hazardous Waste Materials-Management
Plan) ~MOTION - Coontz
SECOND - Beyer AYES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution
No. 7823 as introduced be adopted and same was passed and adopted
by the preceding vote.8.9
RESOLUTION NO. 7824 A Resolution
of the City Council of the City of Orange, california,authorizing the
city to invest monies with the Treasurer of the County of
Orange. (C2500.F)Council questioned
how the County office is organized, since City monies would
be moved into the County treasury. Some members of the council felt
uncomfortable with this, when it can be so important to the City
of Orange. The County Treasurer has been investing the monies of
the County and other cities, to take advantage of a pool in a very
positive manner. The concern was that any investment program is only
as good as the office or the individual who is doing the investing. Council
did not know the constraints, or the possible downsides in
the future. Council has always felt comfortable in the past with
the City investing its own monies, and Orange has done very well through
its conservative investments.The Director
of Finance indicated that this would be an alternative investment available
to the city. Presently, the city invests in the state fund.
The County must follow the same rules of investment as the City.
The County has had an excellent track record; this resolution would
permit the City to take advantage of some investments which
were made some time ago, producing a higher yield.This is
another available source to invest the City's money.Council asked
how much of the money would be invested through the County. The
Director of Finance indicated it would be about $5-6-7
million, of a portfolio of about $115 million. This would not be a
major investment source, just another one of the many sources the
city uses for investment. Council could put a limit on it, if it so
desires. Some Councilmembers did not feel comfortable adopting the
resolution, without a better understanding, for the sake of the City
of Orange. The Director of Finance indicated the County has been
evaluated by many investors of cities. Costa Mesa, Anaheim and other
local cities use this source. Money can be withdrawn within about 30
days.
Page 11
2 5
CITY COUNCIL MINUTES MAY 28, 1991
8. LEGAL AFFAIRS (Continued)
Council commented the City of Orange has a reserve that everyone is
very proud of. This is an indication of good, prudent investments on
our own Staff over the years. Staff indicated the county gets better
yields. Council questioned whether these same high yields would not
also be available through the state, which is currently being used.
The Director of Finance indicated the State is used for liquid
investments, but they have a limit of $10 million. The County was
another source that Staff considered very safe. Their technical
skills are equal to that of the City Staff, and would permit the city
on a temporary basis to take advantage of some higher earnings. One
of the City'S policies is not to increase risk by reaching for higher
returns, during this time of declining return on money. Staff will
ask for a report from the County of Orange, which should show their
investment record.
MOTION - Coontz SECOND -
Spurgeon AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon Moved to continue
this item to the June 11th City Council meeting.Director of Finance
to provide Council with more information on money being invested through
the County of Orange.8.10 ORDINANCE
NO. 10-91 An Ordinance
of the City Council of the City of Orange amending Section 17.
06.0200f the Orange Municipal Code and approving the reclassification of
property situated at 1515, 1527, and 1541 E.walnut Avenue
between Tustin St. and Lincoln st., from R-1-6 (Single
Family Residential District) to R-2-6A (Residential
Duplex, Single story Overlay District). Zone Change 1129-90,
Owner: James Schulze C2300.E
GPA No. 3-
90)MOTION - Beyer
SECOND - Spurgeon AYES - steiner, Barrera, Mayor Beyer, Coontz,
Spurgeon That Ordinance No. 10-91 have second reading waived and
be adopted and same was passed and adopted by the
preceding vote.8.11 ORDINANCE
NO. 15-91 An Ordinance of the city Council of the City
of Orange authorizing the posting of "No Parking--Tow Away" signs
and the removal of vehicles parked in violation of such signs. (
S4000.S.3.
1)MOTION - Steiner
SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz,
Spurgeon That Ordinance No. 15-91 have first reading waived and same
was set for second reading by the
preceding vote.
26
CITY COUNCIL MINUTES MAY 28, 1991
9. ORAL PRESENTATIONS - None 10.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY THE
CITY COUNCIL RECESSED AT 4:07 PM AND RECONVENED AT 7:00 P.M.The
City Council recessed 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:citv
of Oranae vs. Donald D. Greek, orange county Superior Court
Case No. 64 27 61.citv
of Oranae vs. Forum Insurance Co., State of California Court
of Appeal Fourth Appellate District No. G010039.b.
To confer with its attorney regarding potential litigation pursuant
to Government Code Section 54956.9(b) (1).Mayor
Beyer reminded Councilmembers of the annual tug-of-war
contest scheduled for 6:30 p.m. with the Miss Orange
contestants.7:00 P.M.
SESSION 11. INVOCATION - Pastor Eric Kaelberer, Immanuel Lutheran Church.
11.1 PLEDGE ALLEGIANCE TO THE FLAG
11.2 ANNOUNCEMENTS
Mayor Beyer announced the City Council went down in defeat in the
tug-of-war against the Miss
Orange contestants.11.3 INTRODUCTIONS -
None 11.4 PROCLAMATIONS - None
11.5 PRESENTATIONS - None Page
13
2 7
CITY COUNCIL MINUTES MAY 28, 1991
12.PUBLIC HEARINGS TAPE 1927
12.1 APPEAL NO. 387. VARIANCE NO. 1905-91. COUNCILMAN
STEINER:Time set for a public hearing on petition by Councilman steiner
for Craig Hofman, Hof's Hut Restaurant to appeal the decision by
the Zoning Administrator on April 11, 1991, denying Variance No.
1905-91 to allow a side yard wall to exceed the forty-two
inch maximum height limitation as defined by Orange Municipal Code Section
17.42.210.The property is zoned C-1 (General Business
District), and is a rectangular-shaped parcel
containing a leased parcel, approximately 1.01 acres in size with an additional .
35 acre area, also leased,located on the southeast corner of
Chapman Avenue and Lewis street 4050 W. Chapman
Ave.). (A4000.0 No. 387)NOTE: This project is categorically
exempt from the provisions of the California Environmental Quality
Act (CEQA) per
State CEQA Guidelines,
Section 15303.REASON FOR APPEAL:THE APPELLANT STATES
THE FOLLOWING REASON FOR APPEAL:The circumstances of
this application merit further review."Councilman steiner reported Hof's Hut has
been in the community for years. There is a 1,250 square foot
dining patio, which is enclosed by a three-foot high wrought
iron fence adjacent to Lewis Avenue.The Applicant, in
bringing this before the Zoning Administrator,indicated they wished to replace
that existing patio fence with a six-foot high wall,
three feet being stucco-finished masonry, and
the top three feet being a glass screen.The request was based on
the fact that the traffic on Lewis Avenue has
increased significantly, and there have been numerous complaints from their customers with regard
to noise and fumes as a result of the increased traffic.
They also pointed out that there is an apartment building adjacent
to Hof's Hut which is permitted fencing on the basis that it
affords privacy to those residents on the ground floor. Councilman steiner believes
there is a hardship for Hof's Hut by
not allowing this additional fencing as
being proposed.MAYOR BEYER OPENED THE PUBLIC HEARING.The following
people spoke in favor of upholding the appeal:Craig Hofman, Rolling
Hills, President and Owner of Hof'
s Hut.Alice Clark, 205 N. pine
street.Bill Worsley, Tishman West Management Corporation,
representing Metropolitan
2 B
CITY COUNCIL MINUTES MAY 28, 1991
12. PUBLIC HEARINGS (Continued)
They made the following points:
The business has been operating in Orange for almost 20 years and have
enjoyed operating in the city.The
problem on the patio has worsened since the street has gotten busier, with
more and more noise and fumes.They have
explored other alternatives, as far as moving the patio,but they could
not spare any parking spaces, and it works best where it is.The
Applicant does
not believe it will affect the line-of-sight for traffic
if the wall is allowed.People who
are handicapped with asthma and emphysema have a hard time finding pleasant
places to eat with good food, and reasonable prices. The fumes
on the patio make it impossible for them to eat there.The property
manager
and owner have investigated other alternatives and the feel
this solution is the most viable.Council asked whether the
existing fence is non-conforming, as indicated in the
staff report. The Director of community Development indicated the existing
fence does conform to the height regulation within the setback
area. There are some lighting posts which may exceed that 42"
high height restriction within the 10 foot setback.Council commented that
if this appeal was approved, it should be subject to the
three conditions recommended by the Zoning Administrator.MAYOR BEYER
CLOSED
THE PUBLIC HEARING.MOTION - steiner SECOND -
Coontz AYES - steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon Moved to reverse the Zoning Administrator'
s decision and uphold Appeal #387 subject to the following
conditions:1. Variance 1905-91 shall apply
only to the proposed wall described in this request and
shall become void, should the wall be significantly altered or
removed at some further date.2. That the proposed wall
be aesthetically compatible with the existing structure, as detailed on
the submitted plans.3. That the existing external
access to patio, as shown on the plans, be maintained.Council determined
that because of
special circumstances applicable to this subject property, applying
the strict interpretation of the Code would deprive the subject
property of privileges enjoyed by other properties. Also, Council felt
it would not constitute a grant of special privilege.Page 15
29
CITY COUNCIL MINUTES MAY 28, 1991
12. PUBLIC HEARINGS (Continued)
12.2 JOINT PUBLIC HEARING. DISPOSITION AND DEVELOPMENT AGREEMENT.
HOME DEPOT. U.S.A.. INC:
Time set for a joint public hearing with the Redevelopment Agency to
consider the approval of a Disposition and Development Agreement by
and between the Redevelopment Agency and Home Depot U.S.A., Inc.
located at 321 W. Katella Avenue. (RA 2100.0 No. 1798)
Councilman Spurgeon asked the City Attorney for advice on whether to
abstain from voting on this issue, since one of the parties involved
is a client of his employer. The City Attorney commented that it was
doubtful there would be a financial effect. However, the Political
Reform Act also says you should not participate if it affects your
personal interest, or the interest of any corporation of which a
party is directly or indirectly interested. For this reason, the
City Attorney recommended that he abstain from voting.
The Director of Economic Development reminded Council they were
acting both as Councilmembers and Directors of the Orange
Redevelopment Agency, because this is a joint public hearing. Staff
has requested that this hearing be continued to the next regularly
scheduled meeting, in order for them to continue their dialogue with
Home Depot representatives. They will come back with any additional
information garnered from their discussions.
MAYOR BEYER OPENED THE PUBLIC HEARING.
MAYOR BEYER ANNOUNCED THE HEARING REMAINS OPEN.
MOTION - Mayor Beyer SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer, Coontz ABSTAINED - Spurgeon Moved
that this item
be continued to the meeting of June 11th, 7:00 p.m. Session, first
agenda item.13. PLANNING AND ENVIRONMENT -
None 14. REPORTS FROM COUNCILMEMBERS - None
i----\15.ORAL PRESENTATIONS TAPE 2382
Carol Walters, 534 N. Shaffer, addressed
the Council regarding Councilmembers being appointed, rather than having
a Special Election. with Councilman steiner running for
the Assembly, she feels the public should be allowed
to decide who is on the Council,rather than the Councilmembers. Council agreed
to consider her comments, although nothing can be done
until the results of the election are known.Page 16
30
CITY COUNCIL MINUTES MAY 28, 1991
15. ORAL PRESENTATIONS (Continued)
Mrs. Walters is also concerned that the DRB (Design Review Board) is
giving Chapman College special treatment. She complained about a
member of the DRB named Bob Hornacek who said he had a conflict of
interest and then continued to comment during the discussion on
Chapman College. He is helping to build the new dorm for Chapman
College. She feels Chapman College was given special consideration ~.
by the Police Department, who let them drive on the street with no
license. They also got away with a number of Code violations, and
there is now a lawsuit relating to this. The neighbors feel that
things are being done behind their back and Chapman College can do
whatever they like, with decisions being made before the meetings
even take place. She threatened to go to the Grand Jury if something
is not done.
Alice Clark, 205 N. pine Street, commented that when an appointment
is made for an unfilled term, the public has the chance at the next
election to either approve Council's choice, or elect someone else.
She approves of the appointments, which save money for the
taxpayers.
Regarding the DRB, Mrs. Clark feels Chapman College was badgered into
having a specific plan. The things they brought to the DRB for
approval were part of their specific plan. Any citizen, including a
college, has the right, if they come in with things that are
according to Code or specific plan, to have their plan okayed without
a lot of harassment by anyone from the public. She feels the DRB is
doing its job. The last meeting she attended, which was the meeting
before last, they did a good job, and it was well-monitored.
She feels Chapman should be left alone, as long as they are abiding
by the specific
plan.Larry Bonham, made some comments to Council about a book he
is reading and how it relates to cities. He said we need to take
city life more seriously. The rural romanticism of older Orange is
past.Orange is now a growing city, with increased density. What makes
it bearable is having adequate park
space.16.
ADJOURNMENT MOTION - Mayor Beyer
SECOND - Barrera AYES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon I Moved
to
adjourn at 7:30 p.m. to a Joint Work Study Session with the Planning Commission,
June 3, 1991 at 5:30 P.M. in the Weimer Room to further discuss
the CIP Program.Page 17
J
3
1 CITY
COUNCIL MINUTES MAY 28, 1991 16.
ADJOURNMENT (Continued)A
Joint Work Study Session with the city Council, Redevelopment AgencyandPlanningCommissiontodiscusstheFY1991/92 Budget is scheduled
for June 4, 1991 from 3:30 P.M. to 5:30 P.M. in the Weimer Room.
Page
18