Loading...
01-12-1993 Council MinutesAPPROVED BY CITY COUNCIL MINUTES OF A REGULAR MEETING CITY COUNCIL ON JANUARY 26. 1993. ORANGE, CALIFORNIA January 12, 1993 The City Council of the City of Orange, California convened on January 12, 1993 at 3:00 P.M. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 3:00 P.M. SESSION 1. OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FlAG 1.2 ROLL CALL PRESENT - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz ABSENT - None 1.3 APPROVAL OF MINUTES Regular Meeting - December 8,1992 MOTION - Barrera SECOND - Coontz AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz ACTION: Approved.Regular Meeting - December 15, 1992 MOTION - Barrera SECOND - Spurgeon AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz ACTION: Approved. 1.4 PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS l.4a Report from the Santiago System Advisory Board Mr. Martiniannounced the California Library Services Board named the Santiago System recipient of the 1992 Outstanding System Advisory Board Award for the State of California.1.4 PRESENTA TIONS/ ANNOUNCEMENTS/lNTRODUCTIONS l.4b Pat Buttress, representing the Edison Company, presenteda rebatecheck in the amount of $3,800.00 to the City Council for Civic Center Improvement Re-lamping Project. (P2500.0.5)PAGE 1 CITY COUNCIL MINUTES January 12, 1993 1.5 PROCLAMATIONS - None 2. CONSENT CALENDAR Tape 214 2. 1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of January 12, 1993, at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting. ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.2. 2 Authorize the Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.2. 3 Authorize final payment of $13,824.00 to Industrial Construction and Electrical for the completion of Bid 912-15, Electrical, Well No. 23. A2100.0.Agr- 1950)FISCAL IMPACT: $13,824.00 is budgeted in Fund 601 (Water Capital Improvement).ACTION: Approved.2.4 Approve and authorize the award of Bid Number 923-15, Window Style Cargo Vans to Downey Auto Center, Downey, CA., in the amount of $34,685. 00, and reject all other bids.A2100. 0.Agr-2052)FISCAL IMPACT: $34,685.00 is budgeted in the Vehicle Replacement Fund.ACTION: Approved.REMOVED ANDHEARD SEPARATELY)2.5 CLAIM FOR DAMAGES FROM: (C3200.0) I. ALFRED SHAMROTH 2. PHILLIP BOWMAN 3. ARLENE GRAFF 4. DENNIS FOLEY 5. CONSTANCE AGUIRRE 6. KEVIN WEBB 7. CHRISTINE CITY COUNCIL MINUTES January 12,1993 2. CONSENT CALENDAR (Continued) Discussion: Dennis Foley, 406 S. Shaffer St., submitted a letter and orally requested the legal procedures regarding the claim he submitted concerning more than 100 gallons of raw sewage that spilled into his home. The City Attorney explained the legal procedures. Mr. Foley was concerned about the six month delay in resolving this matter. MOTION - Steiner SECOND - Spurgeon A YES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz ACTION: Denied claim and referred to City Attorney and Adjuster.2.6 Application for leave to present late claim from Janice Zemgals. (C3200.0)ACTION: Denied application for leave to present a late claim and referred to City Attorney and Adjuster.2.7 Request council authorize the transfer of $31,738 from the unappropriated reserves of Fund 355 (Asset Forfeiture) to Account 355-4041-426700 Professional and Consulting Services for continuance of the Gang Suppression Agreement with the Orange County Probation Department. (A2100.0.Agr-1853.2) FISCAL IMPACT: None ACTION: Approved. MOTION - Spurgeon SECOND - Coontz AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Item 2.5 was removed and heard separately; all other items were approved as reommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER (OR1800.0.80.1)Mayor Beyer announced the following appointments to the La Veta Study:Mayor Beyer: Scott McReynolds, Lorna Deshane, Brent Hunter Mayor pro tem Steiner: Sonia Detare Councilman Barrera: Vic Calagna, Ernie Alonzo, Ralph Lennert Councilwoman Coontz: Steven McHarris, Shannon Tucker, Robert Ruper, M.D.Alternates: Lisa Blanc, Joyce Sappington Councilman Spurgeon: Phil Menard, Michael Mabry, Gordon Higgins PAGE 3 CITY COUNCIL MINUTES January 12, 1993 3. REPORTS FROM MAYOR BEYER (Continued) MOTION - Barrera SECOND - Coontz A YES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to ratify appointments as listed.4. REPORTS FROM COUNCILMEMBERS Mayor pro tem Steiner reported that probably there will be an additional two million dollar raid from the State on the City's budget. The Blue Ribbon Committee will be presenting their financial report on the January 19th Agenda, Mayor pro tem Steiner requested in preparing for this, staff be directed to identify mandated costs by the State, which are underfunded or not funded, such as AQMD Trip Reduction Program, Americans With Disabilities Act requirements, Recycling mandates, etc. This information from the staff, citizens committee and community should be given to all Councilmembers over the next two week period. All Councilmembers need to be part of the budget process.Councilwoman Coontz commented Council may wish to participate in the support of an Assembly Bill which will require no further legislation be enacted as a mandate which is not financially supported by the State. This is being discussed by the League of California Cities. A package on this issue could be complied on Orange to indicate our budget problems.The City Manager was directed to set a study session for Council to discuss the budget, prior to the time the Blue Ribbon Committee reports and the time staff presents recommendations.Tape 696 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 5.1 Confirmation of Council appointments on committees. (ORI800.0)Continued from December 15, 1992)MOTION - Coontz SECOND - Steiner AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to continue this item to January 26, 1993.5.2 Accept letter of resignation from Michael Alvarez from the Official City Old Towne Steering Committee, and instruct the City Clerk to begin the Maddy Act proceedings. (ORI800.0.16)PAGE 4 CITY COUNCIL MINUTES January 12, 1993 5. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued) MOTION - Steiner SECOND - Spurgeon AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to accept the letter of resignation.5.3 Accept letter of resignation from Tom Saenz from the Library Board of Trustees,and instruct the City Clerk to begin the Maddy Act proceedings. (C2500.I.1)MOTION - CoontzSECOND - Spurgeon AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to accept the letter of resignation. Mayor Beyer will send letter of appreciation.5.4 Accept letter of resignation fromCharles H. Sandberg from the Design Review Board, and instruct the City Clerk to begin the Maddy Act proceedings.ORI800.0.8.1)MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to accept letter of resignation. Mayor Beyer will send letter of appreciation.5.5 Report update on Mary's Kitchen Site Committee.Tape 734 Sister Rose Marie Redding, 480 S. Batavia, introduced the following speakers:ORI800.0.22.4)Terry Fullmer, 2133 W. Chapman, President of theChamber of Commerce, gave the Vision Statement.Pastor Norbert Oesch, 154 S. Shaffer, presented the structure of the new program.Lorna Deshane, 205 River, presented the neighborhood response. Scott Mather, 180 S. Cypress, presented the temporary site plans.David Parker, 10262 Old Lamplighter Lane, Villa Park, presented the long term plans.PAGE 5 CITY COUNCIL MINUTES January 12,1993 5. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued) It was reported the temporary site chosen is located at the City's Corp Yard. A trailer with restrooms and an awning is proposed to be installed. $50,000.00 is requested for utility costs and infrastructure work to be allocated from the Redevelopment Agency, the work to be done by the Community Services Division. A six month conditional use permit will be requested for this purpose. When the project is completed a land lease with Mary McAnena's Group called Heart for the People is proposed on a six month basis. A permanent site facility consisting of 1/2 acre and accommodating approximately 200-300 people was discussed.Council expressed concern regarding transportation to and from the site. Mr.Mather commented bus passes will be furnished and the area along the railroad tracks, which people will use will be posted with danger signs. The railroad will also be notified.Bob Mickelson, 328 N. Glassell, suggested applying for a one year conditional use permit, which would give additional needed time for the project.MOTION - Barrera SECOND - Spurgeon AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to receive and file the report.6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8.LEGAL AFFAIRS Tape 1968 8.1 ORDINANCE NO. 29-92 An Ordinance of the City Council of the City of Orange establishing a Private Parking Vehicle Impound Fee. (A2500.0.-Vehicle Impound Fee)MOTION SECOND AYES Steiner Spurgeon Spurgeon. Steiner, Mayor Beyer, Barrera. Coontz That Ordinance No. 29-92 have second reading waived and be adopted and same was passed and adopted by the preceding vote.PAGE 6 CITY COUNCIL MINUTES January 12,1993 8. LEGAL AFFAIRS (Continued) 8.2 RESOLUTION NO. 8132 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement. Bid No. 912-15, Industrial Construction & Electrical, Well #23,3142 E. Walnut A2100.0. Agr- 1950) MOTION SECOND AYES Spurgeon Barrera Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8132 as introduced be adopted and same was passed and adopted by the preceding vote.8. 3 RESOLUTION NO. 8133 A Resolution of the City Council of the City of Orange ordering changes and modifications in proceedings and assessments in Special Assessment District No.86- 1. (T1100.0.1 ASD- 86- 1) MOTION SECOND AYES Spurgeon Barrera Surgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8133 as introduced be adopted and same was passed and adopted by the preceding vote.8. 4RESOLUTION NO. 8128 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and granting a conditional use permit to allow an accessory second unit in the R-1-6 zone upon property situated at 247 Sandpiper Circle. (C3300.0.CUP 1971-92)Conditional Use Permit 1971-92 Applicant: Jaipaul Swamidass MOTION SECOND AYES Barrera Coontz Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8128 as introduced be adopted and same was passed and adopted by the preceding vote. PAGE 7 CITY COUNCIL MINUTES January 12, 1993 8. LEGAL AFFAIRS (Continued) 8.5 RESOLUTION NO. 8129 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and granting a variance to allow an unenclosed parking space and an administrative adjustment to allow a 3.5 foot reduction in the required 20 foot rear yard setback upon property situated at 247 Sandpiper Circle. (V1300.0.Var- 1930-921 Variance No. 1930-92, Administrative Adjustment 92- 15 Applicant: Jaipaul Swamidass MOTION SECOND AYES Barrera Coontz Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8129 as introduced be adopted and same was passed and adopted by the preceding vote.8.6 RESOLUTION NO. 8130 A Resolution of the City Council of the City of Orange expressing appreciation to Agnes Marsh of the Orange Public Library and commending her for more than twenty-six years of loyal and dedicated service. ( C2500. 11 MOTION SECOND AYES Spurgeon Barrera Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8130 as introduced be adopted and same was passed and adopted by the preceding vote.8. 7 RESOLUTION NO. 8134 A Resolution of the City Council of the City of Orange expressing appreciation to Ed Makimoto of the Orange Water Department and commending him for more than twenty- six years of loyal and dedicated service. (C2500.P) MOTION SECOND AYES Barrera Coontz Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8134 as introduced be adopted and same was passed and adopted by the preceding vote.PAGE 8 CITY COUNCIL MINUTES January 12, 1993 8. LEGAL AFFAIRS (Continued) 8.8 RESOLUTION NO. 8135 A Resolution of the City Council of the City of Orange expressing appreciation to Ronald T. Staub of the Orange Water Department and commending him for more than twenty-seven years of loyal and dedicated service. (C2500. P) MOTION SECOND AYES Steiner Barrera Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8135 as introduced be adopted and same was passed and adopted by the preceding vote.8.9 RESOLUTION NO. 8141 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and approving the subdivision of property situated at the northeast corner of Canyon View Avenue and White Oak Ridge. (T4000.0.TTT-14766)Tentative Tract 14766 Applicant: Interamerican Builders Corporation Discussion: Kevin McCarthy, 1625 Shadow Pines, on behalf of the homeowners in the area, requested Resolutions 8141 and 8142 be continued for 30 days in order for the homeowners in the area to discuss the impacts of this project. Mr.McCarthy indicated many homeowners in the area did not receive the public hearing notice.Bob Mickelson, 328 N. Glassell, representing Interamerican Builders Corporation,indicated a meeting would be scheduled with the homeowners to present the approved project.MOTION SECOND AYES Barrera Coontz Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8141 as introduced be adopted and same was passed and adopted by the preceding vote.PAGE 9 CITY COUNCIL MINUTES January 12,1993 8. LEGAL AFFAIRS (Continued) 8.10 RESOLUTION NO. 8142 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and granting a conditional use permit to allow construction of a 162 unit planned unit development upon property situated at the northeast corner of Canyon View Avenue and White Oak Ridge. (T4000.0, TTT- 14766)Conditional Use Permit 1994-92 Applicant: Interamerican Builders Corporation MOTION SECOND AYES Barrera Coontz Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8142 as introduced be adopted and same was passed and adopted by the preceding vote.8. 11 RESOLUTION NO. 8143 A Resolution of the City Council of the City of Orange amending Resolution No.7878 of the designated executive management, staff management and labor confidential employees relating to compensation and terms of employment.C2500. J.4.61 Discussion: The Personnel Director explained the change in this resolution occurred when proposed Section 18 was deleted and Section 21 added. This corrected an oversite in terms of a health insurance increase last October.MOTION SECOND AYES Barrera Mayor Beyer Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8143 as introduced be adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY PAGE 10 CITY COUNCIL MINUTES January 12, 1993 10. ORAL PRESENTATIONS Bob Bennyhoff, 10642 Morada Dr., suggested public hearing notices be sent to Homeowners Associations throughout the city for a more thorough notification process. The City Clerk indicated this procedure has been in place for the past ten years for all Council public hearings. Carol Walters, 534 N. Shaffer, commented about a recent newspaper article discussing the Police Department's search for drugs in school buses. Ms. Walters opined that Council's comments should be supportive of the Police Department and only the Mayor and Mayor pro tem be notified when these random searches occur, not the rest of the Council. Councilwoman Coontz requested cooperation from the Mayor to end verbal personal attacks at Council meetings. 11. RECESS The City Council recessed at 4:45 P.M. to a Closed Session for the following purposes: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: City of Orange vs. Steven D. Wymer, et al United States Court Case No. 922141 SVW Mochizuki, et al vs. City of Orange, U. S. District Court Case No. SACV 92-498- GL T City of Orange vs. DLO Securities, et al United States Court Case No.SA Ca 92- 862 AHS (RWRX)City of Orange and Orange Redevelopment Agency vs.Donald D. Greek, Orange County Superior Court Case No. 64 27 01 b. To confer with its attorney to decide whether to initiate litigation pursuant to Government Code Section 54956.9(c).c. To meet and give directions to its authorized representative regarding labor relations matters pursuant to Government Code Section 54957.6.d. To confer with its attorney regarding potential litigation pursuant to Government Section 54956. 9(b)(I).e. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957.f. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior so such recess unless the motion to recess indicates any of the matters will not be considered in closed CITY COUNCIL MINUTES January 12, 1993 7:00 P.M. SESSION 12. INVOCATION - Mrs. Bobbie Druilhet, City of Orange Sister Cities Association 12. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 12. 2 ANNOUNCEMENTS - None 12.3 INTRODUCTIONS - None 12.4 PROCLAMATIONS - None 12.5 PRESENTATIONS - None 13. PUBLIC HEARINGS Tape 3189 A4000.0 AP 404)13. 1 APPEAL NO. 404, CONDITIONAL USE PERMIT 1978-92, RUTH ANN HAMMOND DICKEY:The public hearing on petition by Ruth Ann Hammond Dickey to consider Conditional Use Permit 1978- 92 denied by the Planning Commission on August 3,1992 has been continued from September 15, 1992 to this time. The request is to allow a waiver of on-site parking and front yard setback standards in order to increase the number of bedrooms within an existing 4-unit apartment complex,through a deed restriction, and to maintain the units as affordable housing upon property zoned R-3 (A) Residential Multiple Family District (Single Story Overlay). The property is located at 1838 E. Grove Avenue. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15305 of the State CEQA Guidelines. APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL: I feel that the commission was swayed emotionally by the picture painted by the owner opposing my project. He made reference to children losing their only place to play (patios) if enclosed, 3 bedrooms generating more automobiles/traffic. He brought up neighborhood problems familiar to the Commission which are an embarrassment to the City and tied this to my project as if I would be responsible. I feel the Council is more familiar with the affordable housing program, having members in O.H.D.C., and would be addressing reality, rather than speculation on potential traffic issues, overcrowding and precedent setting." The public hearing was not opened. MAYOR BEYER OPENED THE PUBLIC HEARING. PAGE 12 CITY COUNCIL MINUTES January 12, 1993 13. PUBLIC HEARINGS (Continued) Speaking for the appellant, Robert Torres, P. O. Box 1031 Yorba Linda., commented this will encourage other owners to improve their properties, and the units will be deed restricted for a 30 year period. The following people spoke in opposition: Dale Knudson, P. O. Box 971, Yorba Linda, owns unit at 1830 E. Coral Mark Barnes, 1941 N. Tustin #13, Nancy E. Pierce, 1941 N. Tustin #10 Donald Manthey, 1939 N. Highland Rosemary O'Neill, 1917 E. Coral Lawrence Kampa, 1940 N. Highland Their concerns were expressed as follows: The area has been steadily deteriorating and the root cause is high density, with more people living in the area than it was designed for. The trash bins are being moved for extra parking spaces, and the trash is not being put in the bins. Most garages are being used to repair cars in an illegal auto repair business. There is not enough parking in the area for all the residents. Graffiti and gun shots have become more prevalent. Vehicles parked on the streets are being vandalized.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Steiner Spurgeon Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved that this project is categorically exempt from the provisions of the California Environmental Quality Act ( CEQA) per Section 15305 of the State CEQA Guidelines.MOTION SECOND AYES Steiner Spurgeon Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to deny Appeal No. 404 and Conditional Use Permit 1978-92, and that the recommendations of the Planning Commission be supported, in that it will create special problems for the neighborhood due to an increase in density and demand for parking.PAGE 13 CITY COUNCIL MINUTES January 12, 1993 13. PUBLIC HEARINGS (Continued) The City Council instructed the residents comments be transferred to the Police Chief, and Code Enforcement be sent out to talk to the owners and managers of the complex regarding the trash and other complaints. Tape 4285 ZI500.0) 13.2 ZONE CHANGE 1151-92, CITY OF ORANGE ON BEHALF OF 19 PROPERTY OWNERS:Time set for a public hearing on petition by the City of Orange to consider a request to change the zoning classification from R-2-6 Residential Duplex District to the R-4 Residential Maximum Multiple Family District. Subject property consists of 19 parcels located north of Palm Avenue on both sides of the 300 North Olive block and the east side of the 300 North Lemon Street block, exclusive of the Orange Unified School District headquarters property.NOTE: Negative Declaration 1408-92 has been prepared to address the environmental impacts of this project.MAYOR BEYER OPENED THE PUBLIC HEARING.The Administrator of Advanced Planning reviewed the past history of the project.If the property was zoned to R-4, each of the lots would, at a maximum, be allowed to have three units per lot, which would in most cases require the removal of the existing house. If the existing house is retained most of the lots would only be allowed to have a second unit.The following people spoke in favor of R- 4 Zoning indicating there is now spot zoning, the R-2 zoning is inconsistent with the General Plan, and the R-4 zoning is the property owner's investment. Concerns were expressed that property owners were not properly notified of the public hearings.Thomas J. Clark, 811 E. Chapman Ave.Maxine Quirk, 331 N. Olive Ralph Zehner, 630 E. Culver Carol Walters, 534 N. Shaffer Mr. Freitas, 321 N. Olive Carol Ann Peterson, 322 N. Olive Corinne Schreck, 446 N. James Ted Williams, 733 W. Palm Alice Clark, 205 N. Pine St.Will Chambers, 242 CITY COUNCIL MINUTES 13. PUBLIC HEARINGS (Continued) January 12, 1993 The following people spoke in favor of R-2 indicating there are parking problems now, and R-4 would increase this as well as the density in the area. A higher density would cause gang, overcrowding and traffic problems. The 300 block of North Olive lies within a designated local historic district. The Negative Declaration fails to address the inevitable demolition of historically contributing structures.Anke Vogelvang, 288 N. Olive Beatrice Vega, 486 N. Olive Kellee Ruiz, 578 N. Lemon Vince Rodriguez, 400 N. Citrus Shannon Tucker, 556 E. Culver Anne Siebert, 340 S. Olive Jim Owens, 163 S. Cypress Dan Slater, 278 N. Pine St.AI Ricci, 133 N. Grand, spoke in a neutral posture.REBUTTAL:T. J. Clark, commented the reason the 300 block of N. Olive is antique is because the property owners have kept it that way. The area is split and spot zoned.THERE BEING NO FURTHER COMMENTS, MAYOR BEYER CLOSED THE PUBLIC HEARING.Council discussed the notification procedures for the Planning Commission and Council public hearings. It was felt that adequate notices were mailed for all meetings and all the issues were exposed and discussed.The City Attorney opined the Planning Commission found that Council could accept Negative Declaration 1408-92. It has been prepared pursuant to the CEQA guidelines, and there is no reason why it could not be accepted, and be legal in that acceptance. MOTION SECOND AYES Coontz Steiner Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved that based on the City Attorney's recommendation, to accept Negative Declaration 1408-92, as recommended by the Planning Commission. MOTION SECOND AYES Coontz Steiner Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz PAGE 15 CITY COUNCIL MINUTES January 12, 1993 13. PUBLIC HEARINGS (Continued) Moved to deny Zone Change 1151-92 as outlined in Planning Commission Resolution No. PC-51-92. To address concerns raised during the public hearing,staff was directed to prepare a proposal to amend the Zoning Code to permit the owners of non-conforming parcels in this area to rebuild non-conforming structures if these buildings are destroyed, with the elimination of any time limit on the rebuilding process. This proposal would then be considered by the Planning Commission and City Council at future meetings. Tape 967 T4000.0-TTM 13833)13.3 MODIFICATION TO VESTING TENTATIVE TRACT MAP 13833 AND CONDITIONAL USE PERMIT 1694, SOUTHWEST DIVERSIFIED, INC.:Time set for a public hearing on petition by Southwest Diversified, Inc., to consider a request to modify a condition of approval which prohibits construction of masonry walls interior to the project boundaries. Southwest Diversified is requesting that future homeowners be given the option to construct block walls on their individual lots. The site has previously been approved for the development of 30 residential lots. Subject property is a 30 acre site located at the northwest corner of Santiago Canyon Road and Windes Drive.NOTE: Environmental Impact Report 1191 has been previously certified for this project. MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of Community Development reported the original approval was in 1989. The original condition request is that solid masonry property line walls be permitted as might be required by sound continuation as documented by an acoustical study as required along the west property line, which is outlined in the resolutions adopted by Council.Councilwoman Coontz read the following motion made in 1989: "Moved to approve Tentative Tract Map 13833 subject to the attached 81 conditions and to include the equestrian use of all lots, return with elevations and final tract map to the City Council with the overview and cooperation and approval of the Orange Park Acres Planning Committee. No block walls, interior or exterior (except for Santiago Canyon Road) if deemed necessary for sound attenuation.The Director of Community Development indicated the action to modify the condition before Council gives them the ability to once again address the issue. Speaking in CITY COUNCIL MINUTES January 12,1993 13. PUBLIC HEARINGS (Continued) Bruce Harrington, representing Southwest Diversified Corporation, 19200 Von Carmen, Irvine, stated the request is an allowance to the lot buyer if they chose to build the walls. Other than where the model site sits, Southwest Diversified will not build any walls. The CC&Rs stipulate the trees on Oak Lane cannot be touched. The following speakers voiced their concerns: Bob Walters, member of Orange Park Acres Planning Co., 20012 Gray Lane Mara Brandman, 7319 Equitation, representing Richard Siebert, 1388 N. Kennymead, President of Orange Park Acres Planning Committee David Swoish, 6909 E. Oak Lane Elaine Byers, 6705 E. Oak Lane, submitted letter from Bill and June Hawkins Bob Bennyhoff, 10642 Morada Dr. Leonard Spielman, 6719 E. Oak Lane AI Ricci, 133 N. Grand, representing Milt & Hiroko Galbraith, property owners Their concerns were expressed as follows: On the north end of the property, no touching or maneuvering or changing at all of the landscape as it now exists on the north end of the property. Agreed that on the south side along the main roadway there could be some sound attenuation concrete walls where the 1/2 acre lots existed and the homes were very close to each other. Exhibit map is too small and cannot be read. A larger map is needed to make sure everything is where it was decided. The developer was approved by OPA to have some interior block walls contiguous to the sound attenuation wall because the developer felt it would help sell the property. Residents on Oak Lane need to meet with the developer regarding their concerns over the walls and fence problems and that the trees not be removed. The developer needs to clarify the following: How large will the green belt be that interfaces with the wild land at Oak Lane? Landscaping plans on the slope need to be reviewed. Lots 24 and 25 specifically were requested not to be allowed to have large animals because they abut their neighbors front yards, which could be arranged by writing a stipulation into the deeds. AI Ricci, 133 N. Grand, representing Mr. & Mrs. Galbraith, new owners of the parcel of land in the area that is surrounded by a block wall, commented they were not notified of the proposed new block wall, and request a continuance in order to meet with the developer. Debra Visball, 148 N. Flower, representative for Southwest Diversified Corporation, landscape architects for the project, commented on the meetings that were held with the Orange Park Acres Committee. PAGE 17 CITY COUNCIL MINUTES January 12,1993 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES Spurgeon Mayor Beyer Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to continue the public hearing to February 16, 1993. Public hearing to be left open. The developer to meet with all concerned residents and Orange Park Acres Planning Committee to address all concerns.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS Lori Dickens, 625 Coate Road, Orange, expressed opposition regarding the Police Department drug searches on school buses with the use of police dogs.Carol Walters, 534 N. Shaffer St., commented in opposition to any budget cutbacks for Police and Fire Departments.ADJOURNMENT MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz The City Council adjourned at 10:00 P.M.JJt,,~~tk'~.fHt/MARILYN J EN CITY CLERK PAGE 18