06-11-1991 Council Minutes3 2 APPROVED BY CITY COUNCIL ON JUNE 25, 1991-
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING JUNE 11, 1991
The City Council of the City of Orange, California convened this 11th
day of June, 1991 at 3:00 p.m. in the Council Chambers, 300 E.
ChaDman Avenue. Oranae. California.
1.OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
i
l,
PRESENT - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting -
May 21, 1991 MOTION Barrera SECOND -
Coontz AYES -
Steiner, Barrera, Mayor
Beyer, coontz, spurgeon ACTION: Approved.Regular Meeting - May
28, 1991
MOTION - Mayor Beyer SECOND - Coontz AYES -
steiner, Barrera, Mayor Beyer,
Coontz, Spurgeon ACTION:
Approved as corrected.1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS -
None 1.5 PROCLAMATIONS
A prOClamation honoring the Small Business Subcontractor
of the Year
was presented to Scott McCurdy, President of McCurdy circuits,
who accepted on behalf of his company.2.CONSENT
CALENDAR TAPE 240 2.1 Declaration of City
Clerk Marilyn J. Jensen declaring
posting of City Council Agenda of a regular meeting of June
11, 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
3 :3
CITY COUNCIL MINUTES JUNE 11, 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 Request approval for extension of Inland Contractor's contract,
Bid No. 901-36 to use S.B. 821 money to construct
miscellaneous concrete sidewalk and access ramps. (A2100.0 A.
1756)ACTION:
Approved.2.4 Request from Hughes Aircraft Employees Federal Credit Union
to display their Paymaster's Logo on a 12' by 5-1/2'
balloon at their Offices (777 S. Main Street). (C2500.G.2.
0.2)
ACTION: Denied.2.5 Request to authorize the revision of the
Fire Protection Facilities Fee Program as authorized per
Ordinance 47-88.
C2500.J.
1)ACTION: Approved.2.6 Request authorization to approve a $25,000.
00 Deferred Payment Loan and a $1,500.00 Housing Accessibility
Grant and Authorize the City Treasurer to prepare a check.
Case No. 484.C2500.
G.1.
1)ACTION: Approved.2.7 Request authorization from the Library Director to
apply for a Grant in the amount of $14,350.00 from the U.
S. Department of Education, Foreign Language
Material Acquisitions
Program.C2500.
I)ACTION: Approved.2.8 Request authorization from the Library Director to
apply for a Grant in the amount of $29,910.00 from
the California State Library's Partnerships for Change
Program. (C2500.
I)ACTION: Approved.MINUTE ORDER COUNCILWOMAN COONTZ: "I
compliment the Library for their continual pursuit of grants.
They have been successful. There are two requests on today's
agenda. I think we should acknowledge the fact that they are
very aggressive in pursuing the grants. We can all take note of
that and hope that other departments will have the opportunity
to achieve the expertise to do so
in the
34
CITY COUNCIL MINUTES JUNE II, 1991
2. CONSENT CALENDAR (Continued)
2.9 Request appropriation of Orange County Transportation
Commission S.B. 821 funds in the amount of $35,516.00 to
Account No. 330-5021-485100-4011 (Sidewalk
and Access Ramp Funds). (
C2500.M.
8)
ACTION: Approved.r 2.10 Request approval to donate surplus mattresses
from our Fire stations to the EI Modena Service Committee,
Inc., under their distribution to needy
people. (P2500.
0)ACTION: Approved.2.11 CLAIM
FOR DAMAGES FROM:Larry Faber for an alleged incident occurring on
or about March 26, 1991. (
S 64381 CLB)ACTION: Denied claim and referred to
city
Attorney and Adjuster.2.12 Request to receive the single Audit Report for
the Year Ended June 30, 1991, submitted by the City'
s independent auditors,Moreland & Associates, Inc. (
C2500.J.1)ACTION: Received
and filed report.2.13 Approve cancellation of contract with
Damon Construction Co.for Bid No. 901-44, Purchase Order
No. R06928, for the construction of raised medians on
Alpine Rd., Bedford Rd.,Crest Rd., Devon Rd. and Flower st. at
LaVeta Ave. There will be no impact on the budget from this request. (
A2100.0
No.1784)ACTION:
Approved.MOTION - Barrera
SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz,
spurgeon All items on the Consent Calendar were approved as
recommended.END OF CONSENT
CALENDAR
r'
I Page
35
CITY COUNCIL MINUTES JUNE 11, 1991
3.REPORTS FROM MAYOR BEYER TAPE 282
3.1 Letter from Major General Royal N. Moore, thanking the Mayor
and Council for the opportunity to be the Grand Marshal of the orange
May Festival Parade. (OR1800.0.33)
MOTION - Barrera SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer, coontz, Spurgeon Moved to receive
and file letter.NOTE: Councilman steiner
left the Dodium at 3:25 D.m.4. REPORTS FROM
COUNCILMEMBERS TAPE 310 4.1 Annual
Report from Councilwoman Coontz regarding the Transportation Planning Committee
activities. (OR1800.0.82)Councilwoman Coontz reported
The City of Orange Transportation Planning Committee is
comprised of five resident/businessmen, and representatives of the
Chamber of Commerce, City Planning Commission,City Traffic Commission,
Irvine Company and department division heads from Public Works
and Community Development.During the past
year, the Transportation Planning COmmittee has reviewed and commented
on a number of transportation programs, plans and issues, including:
Santiago Canyon Road, rail transit, traffic signal coordination, growth
management plan, congestion management,traffic demand management,
the LaVeta-Main-Chapman project, and the Capital
Improvement Program.MOTION -
Barrera SECOND - Spurgeon
AYES - Barrera, Mayor
Beyer, Coontz, spurgeon ABSENT - steiner Moved to
receive and file
report.5.REPORTS FROM BOARDS. COMMITTEES
AND COMMISSIONS TAPE 466 5.1 Reappointment Corporation Board.
C2500.G.1)
of Barry
Cottle to the
Orange Housing Development Term to begin 7/1/
91 and expire on 7/1/94.)MOTION - Coontz SECOND - Spurgeon AYES -
Barrera, Mayor Beyer,
Coontz, Spurgeon ABSENT -
steiner Moved to confirm the aforementioned reappointment
to the Orange
Housing Development Corporation Board.NOTE: Councilman steiner returned to
the podium at 3:
30 D.m.Page 4 o.:..;...~
36
CITY COUNCIL MINUTES JUNE 11, 1991
6.ADMINISTRATIVE REPORTS TAPE 480
6.1 Report from the Communitv Development Department reaardina the
hirina of a consultant to prepare a Master Plan of Recreational
Trails and an update of the status of other countv and adioinina citv
trail plans. (C2300.H)
The Senior Advance Planner reported in December, 1990, in response to
community concerns regarding the lack of a comprehensive trail system
for the City, the City Council directed the staff to go forward with
a selection process for a consultant to prepare a master plan for the
community. During the last few months, a team staff of four members
of three different departments has sent out a public notice and
interviewed the top five firms. staff is recommending The Elliott
Group be hired as the consultant for the master trails plan.
Following the approval of the consultant, Staff recommends the City
Council adopt a trails advisory committee comprised of
representatives from the following groups:
Orange Park Acres Association
Recreation and Parks commission
A hiking or walking club representative
A mountain bike club representative
An at-large representative from an
equestrian-
oriented development An at-large resident of
a non-equestrian-oriented development
east of the 55 freeway An at-large resident from an
area west of the 55 freeway.They suggest that all committee
members should be residents of the city, or the unincorporated islands
in the City's sphere of influence. It is also suggested the
City Clerk be directed to notice
the availability of the committee appointments.At the request of Council, this item
has been included in the 1991-92 budget for $48,800,
in the account of
other Professional and Consulting Services, Advance Planning.Council questioned the
reasoning for Staff's recommendation on the composition of
the committee. The Senior Planner, Advance Planning,indicated they wanted to
have individuals from the entire City, with all the various interests
represented. Council would like to have it expressed that the
potential committee member have a basic interest in trails. Council also
expressed the hope that some of the committee members will have
experience with
the plans of other cities or entities.The Senior Advance
Planner mentioned that some staff members had attended a meeting
with the Orange County Water District. In conjunction with the
Creek, they are planning some trails and landscaping, so it is an opportune time
for the city to be hiring a consultant. The consultant is
aware they will be working with all the other cities and
agencies. This
was
part of the proposal.Page 5 r!o'c",,=-""::'r":"""
Y~'
T ''''''''*''''''.'' .._."......,-,~_
37
CITY COUNCIL MINUTES JUNE 11, 1991
6. ADMINISTRATIVE REPORTS (Continued)
Council asked if The Irvine Company and the County of Orange were
asked for funding assistance. The Senior Advance Planner reported
The Irvine company was not interested because they have had budget
cutbacks themselves. The County Board of Supervisors has not been
formally asked, but various staff members have been approached. They
are just hoping they will get enough money to have one person aboard
to handle their committee. With the budget crunch at the County,
Staff has not formally asked. It was Staff's opinion that it would
be very cumbersome having the County directly involved with the
project, even though Staff will be working with the County quite
diligently.
Council is concerned about the coordination of the project, and asked
if there would be overlapping with the other entities. Staff will be
sure that the City connects into their trails, but did not feel there
was overlapping of functions. The East Orange area, which has not
been annexed into the city and is now owned by The Irvine company,
will be doing their own trail planning when the specific plan is
done. At this time, the plan is only being done for existing city
limits.
The following people spoke in favor of the project:
Bob Bennyhoff, 10642 Morada Drive, indicated he is one of many people
who have spent a lot of time on this project. He and Lauren Ficaro
have attended every meeting of the County Trails Committee, the Villa
Park sessions on the trails. There a lot of things wrong with the
trail system that need to be fixed. They have discussed at great
length with the County EMA people the need for close cooperation
between the County Trails Committee and the City committee, as well
as the City of Anaheim. The County will probably attend some of the
meetings of the City committee. All of these trails must mesh
together or they are worthless. The County has spent a good deal of
money already and is being asked to spend even more despite the
budget stringency to get a full-time person to work on these
trails.Its surprising the attendance at these meetings. There was
someone there representing the mountain bikers, the hikers, The Sierra
Club,The Irvine Company, etc. There is a wide spectrum of
people interested in trails. The South County has more people and
they spend more time working on their trails down there than we do.
The time has finally come, and it is being done
right.Mara Brandman, thanked the Council from Orange Park Acres and
pledged their support in any way
possible.MOTION - Coontz
SECOND - Spurgeon AYES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved that
the official name of the committee be City of Orange Recreational Trails
Master Plan Committee.Page 6
38
CITY COUNCIL MINUTES JUNE 11, 1991
6. ADMINISTRATIVE REPORTS (Continued)
MOTION - Beyer SECOND -
Coontz AYES - steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon Moved to authorize
the Mayor and City Clerk to execute a contract with the Elliott
Group to prepare a Master Plan of Recreational Trails and direct
the city Clerk to advertise the availability of the committee appointments pursuant
to the Maddy Act.r 6.2
Reoort
from the Deoartment of Communitv Develooment reaardina mobile source air
oollution reduction ordinance. (See Legal Affairs,Ordinance No. 18-
91, Item 8.10, Page 11). (C2500.G)The Analyst,
Public Works, reported AB 2766 recently passed by the State Legislature
authorizes an additional $2 motor vehicle registration fee,
effective April 1, 1991. These fees were to be generated for
use by local government agencies to pay for programs which would
reduce the amount of emissions from automobiles on the road. In
order to acquire these funds from the AQMD, the City is required to
do three things:1) Pass
an ordinance in support of the fee that generates these funds.
2) Use
these funds strictly for programs to reduce automobile emissions.3)
Set
up a special accounting trust fund, so that these monies aren'
t mixed with general revenue funds.These monies
can be used for any number of programs, such as expansion of
the Reg. 15 program, adding an air quality element to our general
plan, or to purchase clean burning fuel automobiles that use methane
or propane, for example. Staff will be looking at ways to use
the monies, to make sure it is being used as wisely as possible. The
funds in the first year come to about $87,000. The second year,
the fee doubles from $2 to $4 on the registration, and it would
approximately double the amount of revenues the city would receive.Councilman
Spurgeon
commented that he wished private industry was being helped
as much as some of the municipalities in providing funding for
their incentives. In private industry, it must be funded out of
their own pocketbook. There is a study being done right now to find
out how much industries have been adversely affected, to the point of
going out of business or moving out of california, or at least out
of the counties affected under Reg. 15. It is unfortunate the amount
of money that must be spent in order not to be subject to a $25,
000 per day fine.Page 7
I-=,-'.
3 9
CITY COUNCIL MINUTES JUNE 11, 1991
6. ADMINISTRATIVE REPORTS (Continued)
MOTION - Spurgeon SECOND -
Coontz AYES - steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon Moved to receive
and file report.7. REPORTS FROM
CITY MANAGER - None 8.LEGAL AFFAIRS TAPE
1095 8.1 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 - Barrera AYES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon That Ordinance No. 15-91
have second reading waived and be adopted and same was passed
and adopted by the preceding vote.8.2 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. (Continued
from 5/28/91). (C2500.F)Councilwoman Coontz indicated she
appreciated the extensive memo that accompanied this item. The
information provided was what Council wanted in the first
place.MOTION - Barrera SECOND - Coontz
AYES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon That Resolution No. 7824 as introduced be
adopted and same was passed and adopted by the preceding vote.8.
3 RESOLUTION NO. 7825 A Resolution
of the City Council of
the City of Orange commending Phyllis Cichocki of the Finance Department on
her selection as employee of the Year for 1990. (C2500.
J.4.18)MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon Page 8
40
CITY COUNCIL MINUTES JUNE 11, 1991
8. LEGAL AFFAIRS (Continued)
That Resolution No. 7825 as introduced be adopted and same was passed
and adopted by the preceding vote.
8.4 RESOLUTION NO. 7826
A Resolution of the City Council of the City of orange authorizing
officials of the City to apply for bicycle and pedestrian funds
pursuant to Senate Bill 821 and approving the adoption of a bicycle
and/or pedestrian plan for the City of Orange. (B5000.0)
MOTION - Barrera SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No.
7826 as introduced be adopted and same was passed and adopted by
the preceding vote.8.5 RESOLUTION
NO. 7827 A Resolution of
the city Council of the City of Orange endorsing the regional funding program
consistency and eligibility criteria included herein as
the definition of, and process for, determining consistency of the
city of Orange's traffic circulation plan with the master plan of
arterial highways. (C2300.E)MOTION - Coontz SECOND -
Barrera AYES - steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon That Resolution No. 7827 as introduced
be adopted and same was passed and adopted by the preceding vote.
8.6 RESOLUTION NO. 7828 A
Resolution of the City Council
of the City of Orange finally accepting the completion of a certain
public work and improvement.Bid No. 899-60 Baxter-Griffin
Electrical Contractor, Inc. (B4100.0)MOTION - Coontz SECOND - steiner
AYES - Steiner, Barrera,
Mayor Beyer, Coontz,
spurgeon That Resolution No. 7828 as introduced be
adopted and same was passed and adopted by the preceding vote.Page
9
41
CITY COUNCIL MINUTES JUNE 11, 1991
8. LEGAL AFFAIRS (Continued)
8.7 RESOLUTION NO. 7829
A Resolution of the City Council of the City of Orange finally
accepting the completion of a certain public work and improvement.
Willdan Associates. (A2100.0 A.1639)
MOTION - Beyer SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No.
7829 as introduced be adopted and same was passed and adopted by
the preceding vote.8.8 RESOLUTION
NO. 7830 A Resolution of
the City Council of the City of Orange congratulating Paul D. Pursell
for his highly successful tenure as 1990-91 President of the
Orange Chamber of Commerce. (C2100.0)MOTION - Coontz
SECOND - Spurgeon AYES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon That Resolution No. 7830 as
introduced be adopted and same was passed and adopted by the preceding
vote.8.9 ORDINANCE NO. 17-
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 Waste)MOTION - Spurgeon SECOND - Coontz
AYES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon Moved to waive the reading in full
of Interim Ordinance No. 17-91.MOTION - Coontz SECOND - Barrera AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon That
Interim Ordinance No. 17-91 as introduced be
adopted and same was passed and adopted by the preceding vote.
Page 10
42
CITY COUNCIL MINUTES JUNE 11, 1991
8. LEGAL AFFAIRS (Continued)
8.10 ORDINANCE NO. 18-
91 An Ordinance of the City Council of the city of Orange establishing
a mobile source air pollution reduction program fund. (C2500.
G)MOTION - Steiner
SECOND - Barrera AYES -
steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance
No. 18-91 have first reading waived and be set for second
reading.8.
11 RESOLUTION NO. 7831 A
Resolution of the City Council of the City of Orange approving an amendment
to the Professional, Technical and Clerical Unit Resolution No.
7614, to reflect an adjustment of 6% increase in salaries for the classifications
of Water Quality Inspector I (Range 362) and Water Quality
Inspector II (Range 382) affecting Water Department Fund No.600
and Activity 8031. (C2500.J.4.5)MOTION -
Barrera SECOND - Spurgeon
AYES - steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon That Resolution No. 7831
as introduced be adopted and same was passed and adopted by the
preceding vote.8.12 RESOLUTION NO.
7832 A Resolution of the
City Council of the City of Orange finding irrevocable offer of dedication
by The Irvine company to County of Orange covering portions of
Limestone Canyon to be consistent with East Orange General Plan
and Final Environmental Impact Report No.1278. (C2300.E)MOTION -
Barrera SECOND - Spurgeon
AYES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon That Resolution No. 7832 as introduced be
adopted and same was passed and adopted by the preceding vote.9.
ORAL PRESENTATIONS - None 10. RECESS TO
THE MEETING OF THE ORANGE
REDEVELOPMENT AGENCY Page 11
4)
CITY COUNCIL MINUTES JUNE 11, 1991
THE CITY COUNCIL RECESSED AT 3:55 P.M. AND RECONVENED AT 7:00 P.M.
There being no items to discuss, the City Attorney recommended the
Closed Session be removed from the agenda.
7:00 P.M. SESSION
11. INVOCATION - Pastor Bud Pearson, orange Coast community Church.11.
1 PLEDGE OF ALLEGIANCE TO THE FLAG 11.
2 ANNOUNCEMENTS Mayor
Beyer introduced Laura Mayham, new Legislative Aide for Senator John
Lewis.Mayor
Beyer also welcomed Troop 1171, Roy Dennison Troop Leader, with his
troop representing Fletcher, Taft and Cerro Villa Schools, who are
working on a Citizenship in the community merit badge.URGENT
ITEM: Mayor Beyer announced an item had been received which should
be considered as urgent.MOTION
steiner SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer, Coontz NOES - Spurgeon Moved
that the need
to take action arose after the posting of the agenda.The Advertising and
Promotion
Committee is requesting approval to purchase banners to line
the route of the Olympic Torch Run scheduled to pass through Orange
on July 8, 1991. The total cost is not to exceed $6,000, of
which $4,000 may be returned to the City in banner sales after the event.
Funds to come from Advertising and Promotion Account 235-0102-427601-
0000.Some
Councilmembers expressed concern over this expenditure, in view of
the current budget shortfall. It was indicated that this account has
a current balance of over $150,000. These funds are for the express
purpose of marketing the City of Orange in these kinds of events.
After the sale of the banners, the net cost to the City is expected
to be about $2,000.Council
also questioned why they had not been apprised of this item earlier.
It was indicated the request was received just recently,and
the banners need to be ordered immediately in order to be received
by July 8th. It was also mentioned this is not the regular Olympics,
but an Olympic Festival, which is not as big an event.Page
12
44
CITY COUNCIL MINUTES JUNE 11, 1991
11.2 ANNOUNCEMENTS (Continuedl
MOTION - steiner SECOND -
Barrera AYES - steiner,
Barrera, Mayor Beyer, Coontz NOES - Spurgeon Moved
to approve the
purchase of banners by the Advertising and Promotion Committee in an
amount not to exceed $6,000.11.3 PRESENTATIONS a.
Presentation of awards
by Rosa Nowels, District Manager of the Automobile Club of Southern
california, to Crossing Guard of the Year, Erma Puckett, and
Patrick Banta, Altus Green, Joseph Martin and Edith Salkoff.b. Presentation
of Prizes
to orange Recycling Mascot name contest winners. The following students
were presented certificates and will be receiving $50 savings
bonds:Bryce Patrick Reyes, Kindergarten,
Prospect School Wendy An Nguyen, First
Grade, Handy School (not present)Britton T. Powell, Second
Grade, Chapman Hills Sarah Diane Vincent, Third
Grade, Prospect School Adam Joseph Lynn, Fourth
Grade, California School Steven D. Wells, Fifth
Grade, Prospect School Michaelyn K. Possemato, Sixth
Grade, Fletcher School The grand prize winner
was Steven Dennison Wells, who will receive a 200 savings bond. The
winning name for the recycling mascot is Happy S.O.R.
T. (Save Orange Recycle Trash) .11.4 PROCLAMATIONS A
proclamation honoring the
Crossing Guard of the Year 1990/91 was presented to Erma Puckett.
12. PUBLIC HEARINGS 12.
1 JOINT PUBLIC
HEARING. DISPOSITION AND DEVELOPMENT AGREEMENT.HOME DEPOT: (RA2100.0
A.1798) (TAPE 2372)The joint public hearing
with the Redevelopment Agency to consider 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 has
been continued from Mav 28. 1991.Page 13 A-
45
CITY COUNCIL MINUTES JUNE 11, 1991
12. PUBLIC HEARINGS (Continuedl
The Director of Economic Development reported the summary of the
provisions of the development agreement include the operation by Home
Depot of a full-service retail store, and development of the
rear parcel. The agency will assist in the writing down of the
lease payments for the property. Home Depot guarantees the increment
for parcels 1 and 2. In addition, the developer has agreed to
hire orange residents and to remove any toxics from the site,
although they do not expect any to appear. Most importantly, they
guarantee to the City of Orange $100,000 per year in sales tax. This is a
very significant benefit to the City. The representatives of the
property owner, as well as Home Depot and the staff are present to answer
any
questions.Council asked if they had received a copy of the agreement.
The Director of Economic Development reported it is on file in the
city Clerk's office, and was included as part of the agenda packet for
May
28.THE PUBLIC HEARING REMAINS
OPEN.The following people
spoke:Greg George, Real Estate Manager for Home Depot, 601 S.
Placentia,Fullerton, stated that Home Depot concurs with all the conditions
and requests approval of the agreement by the Council and
Agency Directors. Council asked when the ribbon cutting ceremonies would
be held, and the scheduled opening date of the store. Mr. George
said they were rained out once on the ribbon cutting, but
would reschedule. The estimated time of opening is between July
20-25.It was noted that Councilman spurgeon left the podium.
The city Attorney indicated he would abstain based on recommendation
of Legal Counsel, as noted in the minutes of May 28, 1991. One
of the property owners is a client of Mr. Spurgeon's employer, and
there is a possible conflict
of interest.Alice Clark, 205
N. pine Depot coming
to Orange.Tustin
Marketplace
store Orange.Street, expressed excitement
about Home She regularly shops at the
Placentia and and would rather give her
business to THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED
THE
PUBLIC HEARING.RESOLUTION
NO. 7814 A Resolution of the City Council of the city of Orange
approving the Disposition and Development Agreement between
the Orange Redevelopment Agency and Home Depot U.S.
A., Inc.
Page
46
CITY COUNCIL MINUTES JUNE 11, 1991
12. PUBLIC HEARINGS (Continued)
MOTION - Steiner SECOND
Barrera AYES -
steiner, Barrera, Mayor Beyer, Coontz ABSTAINED - spurgeon
That Resolution No.
7814 as introduced be adopted and same was passed and adopted by
the preceding vote.See Redevelopment Minutes,
Item 9.1, Page 3, for Resolution No.ORA-0225).12.
2
APPEAL 386. CONDITIONAL USE PERMIT 1882-91 DON WATSON. VICKIE GOODSON: (
A4000.0 No. 386) TAPE 2730 Time
set for a public hearing on petition by Don Watson and Vickie Goodson
to appeal the decision by the Planning commission on April 1,1991,
denying Conditional Use Permit 1882-91 to allow the creation of
two (2) lots without direct access to a public street. subject
property is zoned R-1-6 (Residential-single Family
District, 6,000 sq. ft. minimum lot size), and is part of an
existing single family residential tract. The property is located at 2630
E. Denise Avenue.NOTE: Negative Declaration 1375-91 has been
prepared to assess the environmental
impact of the project.THE APPELLANTS STATE THE
FOLLOWING REASONS FOR APPEAL:The Planning Commission closed the public
hearing on our project.Then they brought up entirely new concerns
that had not been mentioned, nor were they addressed in the
staff report prepared by Chuck Lau. We were not given an opportunity to
defend or explain our plans. It is our contention that we were
not given sufficient notice of the Commissions' opinions. Consequently, we
were not given the chance to address new concerns or do a
follow-up on any
requirements the Commission may have."The Manager of Planning reported the site
is approximately 1/2 acre,off a private drive currently serving 4
parcels which also do not have frontage on a public street. The
drive is off Denise Avenue,the address of the property is 2630
E. Denise Avenue. The proposed lot division would create a lower parcel of
over 7,700 square feet,which would contain the existing house,
and split off the upper portion of the property on a parcel which would
be over 12,000 square feet. They are proposing to use a common driveway
at the end of the private drive to access both the existing
house and the proposed new house. This drive would take the form
of an easement across the existing driveway and then go up the
hill to the newly-created parcel 2. It would require
substantial retaining walls built into the slope in order
to provide
47
CITY COUNCIL MINUTES JUNE 11, 1991
12. PUBLIC HEARING (Continued)
The City Attorney reported that four members of the Council, with the
exception of Councilman steiner, drove by the site and the
surrounding area. During that driveby, there was no discussion or
comments about the hearing, or no comments about the site. It was
for observation only.
Council asked how high the retaining walls would be. The Manager of
Planning estimated they could be as much as 20-23 feet high.
It depends on how the property is ultimately developed. The
question before the Council is whether it is reasonable to assume a
parcel could be developed on this site and whether it would be in the
best interest of the community to have it developed. It would require
an easement across an existing parcel, a rather steep driveway
and substantial retaining walls and grading on the
property.Council asked the ownership arrangement and responsibility in
the existing private driveway. The Manager of Planning indicated a
small portion of the drive belongs to each individual homeowner,
with reciprocal access, but he was not aware of the details of
the arrangement. Council asked if this would be a problem for the
Fire Department. The Planning commission staff report included a
number of conditions from the Fire Department that would alleviate
the problems of fire protection. Council asked if there was a
policy from the Fire Dept. regarding these private streets, and an
extension of a driveway off a private street. The Manager of
Planning indicated the project was reviewed with the Environmental
Review Board, of which the Fire Department is a member. At that
meeting,the Fire Department lists the conditions necessary on the request
to make it fire-safe. Their policy is to set conditions,
rather than recommend approval
or denial.MAYOR BEYER OPENED THE
PUBLIC HEARING.The following people spoke
in opposition:Tanya Chapin, 2804
Marywood Lane.wilma Francis, 2800 E.
Marywood Lane.They made the
following points:Residents living above the parcel are concerned about cutting
into the hill and disrupting the hillside
slope.The hillsides in this area are unstable, and there have been
problems with slope failure.
Cutting into unstable hillsides creates potential problems, with the
threat of landslides, damage and injury.Homeowners
have dealt with geological firms who have concluded the area has
highly expansive soil and slope creepage.Who will
be responsible for damage and injuries that might result if this parcel
is developed?Don't let
slides happen like in San Juan Capistano, San Clemente,Portuguese Bend, Rolling Hills
Estates, etc.The Peralta Hills fault
lies in this area.Page 16
48
CITY COUNCIL MINUTES JUNE 11, 1991
12. PUBLIC HEARINGS (Continued)
Insurance companies do not cover any earth movement damages;homeowners
must pay.The
landscape would be ruined by the sight of retaining walls rising to
23 feet high.If this
parcel is approved, the neighbor plans to do the same thing.The people
from
above and below will have to look at those walls.It will be like
prison walls and will affect property values and the quality of life in
the area.It would be in
the best interest of all concerned to deny the request.Two large developers, Century-
American
and Lusk corporation, owned the land in question and
did not build on it. They would have probably used that land if
they felt it was safe.Council asked the location of
the fault line. The Director of Public Works indicated this was disclosed
in the construction of reservoir 180, which is to the
west of this location.The following people spoke in
favor of the project:Vickie Goodson, 2630 E. Denise.
John Stevenson, 22861 Via Santiago,
Mission Viejo, civil Engineer who did the preliminary drawings.Council
questioned what they were
being asked to decide: whether the process had been lawful, or
whether the project was feasible. The City Attorney indicated this was
a rehearing, with all the evidence being heard again, starting from
scratch, notwithstanding anything done by the Planning Commission.
The Applicant was given an opportunity to present evidence at
the Planning commission hearing,so there was no denial
of due process, in the opinion of the city Attorney.They made the following
points:
The Planning Commission brought out
entirely new objections after the public hearing was closed, giving
the Appellants no opportunity to answer the objections.All of
the documents and plans
were preliminary, as they were told by their civil engineer to obtain a
CUP first.They feel they have answered all concerns/
problems expressed by Staff.The Planning commission was concerned that a
precedent
might be set, but the other homeowners using the common driveway
have indicated they are not interested in doing this.The
one neighbor who is considering this does not
use the common driveway.A subsurface earth study has not been done, but
would
be once the project got underway.No mention was made of an above-ground
water tank.The
retaining walls would be aesthetically pleasing, since they would be
in their constant view, as well.Page 17
I- '~
CITY COUNCIL MINUTES JUNE 11, 1991
12. PUBLIC HEARINGS (Continued)
Subsurface drainage and the earthquake fault zone was questioned
by the Planning Commission. How could the other homes be built above
and below this area if these are true concerns.
The Planning commission found the negative declaration to be
inadequate, because of its lack of discussion on the visual and
geological impacts on the property. They further denied the
Conditional Use Permit.
MAYOR BEYER CLOSED THE PUBLIC HEARING.
MOTION - Coontz SECOND -
Spurgeon AYES - Steiner,
Barrera, Mayor Beyer, Coontz, spurgeon Moved that the
Negative Declaration does not SUfficiently address the potential geological impact
or the visual problems.MOTION - Coontz SECOND -
Spurgeon AYES - steiner,
Barrera, Mayor Beyer,
coontz, Spurgeon Moved to deny Appeal 386 for
the same reasons listed by the planning Commission, in addition to safety factors
in extending a private drive off a private drive, access,
fire problems and the impact of cutting the property in juxtaposition to
the properties that are above.13. PLANNING AND ENVIRONMENT - None
14.
REPORTS FROM COUNCILMEMBERS - None 15. ORAL
PRESENTATIONS Larry Bonham, 332 S. Olive
Street, addressed the
council on the subject of children and the parks. He has
been visiting the parks in the area and they are well-used, but
he feels we need more of them.Carol Walters, 534 N. Shaffer Street, President
of Concerned citizens of Chapman neighborhood, protested that the DRB
and the Planning Department handle any work that come through
on Chapman College.There are two people on the DRB
doing work for Chapman college. out of five people, only two voted on
both issues: the dorm and the student center. They would not let them
talk about the site. Bob and Bruce did not say there was
a conflict and they would abstain from voting. They were not contacted regarding
the dorm, even though Mayor Don Smith had designated her as
the contact person.Page 18
5 0
CITY COUNCIL MINUTES JUNE 11, 1991
15. ORAL PRESENTATIONS (Continued)
On the DRB agenda for May 22, they said they would consider the site,
the building, and the landscape plan for the new campus center. The
only thing they would talk about was the plan for the student
center. They would not let residents talk about anything else; Mrs.
Walters feels this is wrong. She feels that somewhere along the
line, Chapman has been made to feel they are above the law, and this
has been the problem ever since.
Mayor Beyer indicated to Mrs. Walters there was still time for an
appeal and the residents' input on any decisions. Permits will not
be issued until the entire process is complete. Part of that process
is notification to the neighborhood.
Council felt it would be a good idea to have the city Attorney or a
representative from his office attend a meeting of the DRB and the
Planning Commission and remind them of the Code of Ethics and state
law.
Council asked when the traffic study would be completed in the
Chapman College area. The Manager of Planning felt there were be
some information back from the consultant next week. Mrs. Walters
asked who hired the consultant. The Manager of Planning indicated he
was hired by Chapman College. The study will be reviewed by the City
Traffic Engineer.
Council suggested in the future, the City should consider having the
city hire the consultants, but the developer pay, rather than having
them choose their own. The Director of Community Development
indicated they would certainly consider that for the future.
Amy zanaboni, 626 N. Grand Street, addressed the Council to alert
them to an escalating problem between the City, Chapman College and
residents in the Chapman area. Being in the development industry,
she knows how the planning processes work. She asked why the student
center plans went to the Design Review Board. The Manager of
Planning indicated it was just for input from the DRB, which she
thought was fine. However, she was concerned that two members of the
DRB, Charles Sandberg and Erika Wolfe, approved the site and building
plans to be consistent with the specific plan. Before they approved
them, they publicly stated they did not even know a specific plan
existed. They should have said they were motioning to approve the
architecture of the building, not the whole site, not the landscape
plans, but just the aesthetics of the building.
The site itself has a significant impact on not only the campus, but
traffic and the residences around it. The DRB approved the site and
building plans to be consistent with something they didn't even know
existed. She takes opposition to that. Also, she questioned how you
can have a majority of five people of the DRB approve something, when
only two members can vote on it.
Page 19
CITY COUNCIL MINUTES JUNE 11, 1991
15 ORAL PRESENTATIONS (Continued)
She questioned why Rick Blomgren was allowed to give any input at all
regarding this project, when he has stated there is a conflict of
interest. Of anyone at the meeting, he had the most to say about
this project. She doesn't feel he should be constantly passing
things off to Staff, saying they will catch the problems. In the
past, what the residents felt were problems have not been caught,
which is why they were there in the first place. The residents were
there to address their concerns before it became a huge explosion.
Ms. Zanaboni also questioned whether Staff has accepted the parking
analysis submitted by Chapman College at that meeting. The numbers
do not make sense to her, and she comes up with a different figure.
council suggested she put all her concerns in a letter addressed to
the Mayor and city Council, and the questions will be directed to
appropriate staff members.
Council expressed the feeling that all parties should make a good
faith effort to make this work. council commented this was the first
time there was a staff member assigned to working out the specific
plan. The people involved should be asked to interpret what is in
the specific plan and the resolutions thereof. council asked whether
two members of the board would be able to make a voting decision.
The city Attorney did not know what the rules of the committee are,
and he will look at this issue.
16. ADJOURNMENT
MOTION - Barrera SECOND -
Mayor Beyer AYES - steiner,
Barrera, Mayor Beyer, Coontz, spurgeon Moved to adjourn
at 9:15 p.m.A'4A'yq~#
MARILYNJ. NSENM . CITY CLERK Page 20