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11-16-1993 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA NOVEMBER 16, 1993 The City Council of the City of Orange, California convened on November 16, 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 - Barrera, Mayor Beyer, Coontz ABSENT - Spurgeon, Murphy NOTE: Councilman Spurgeon was present for the 7:00 P.M. Session.1.3 APPROVAL OF MINUTES - None 1.4 PRESENTA TIONSI ANNOUNCEMENTSI INTRODUCTIONS - None 1.5 PROCLAMATIONS Proclamation for Hospice Month, presented to Sandra Myers representing Community Hospice Care.2.CONSENT CALENDAR TAPE 288 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of November 16, 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.REMOVED AND HEARD SEP ARATEL Y)2.2 Request authorization to award Bid Number 934-07, Street Name Signs, to Maneri Sign Co., Gardena, CA, in the amount of $42,933.00 and reject all other bids.A2100.0.Agr. 2166)FISCAL IMP ACT: Sufficient funds are budgeted in the Street Signs and Maintenance Account for this purchase.Discussion: The Traffic Engineer reported the street name signs covering the entire City are scheduled to be completed by the end of this year.PAGE 1 CITY COUNCIL MINUTES NOVEMBER 16,1993 2. CONSENT CALENDAR (Continued) MOTION - Barrera SECOND - Mayor Beyer AYES - Barrera, Mayor Beyer, Coontz ABSENT - Spurgeon, Murphy ACTION: Moved to authorize the Mayor and City Clerk to execute on behalf of the City.2.3 Request approval toterminate the Recreational Trails Master Plan Committee.OR1800.0.19.5) FISCAL IMPACT: None.ACTION: Approved.REMOVED AND HEARD SEP ARATEL Y)2.4 Authorize receipt and allocation of $9,508.00 in Federal Library Services and Construction Act Funds, administered by the California State Library, for the purchase of Major Urban Resource Library ( MURL) Materials. (C2500.I)FISCAL IMP ACT: This grant award will augment the Library's book budget.The Senior Libraray Manager reported the funds will be used to purchase local history materials and biography books for the Library. It will also fund a seminar on collection development.MOTION - Coontz SECOND - Barrera AYES - Barrera, Mayor Beyer, Coontz ABSENT - Spurgeon, Murphy ACTION: Approved.2.5 CLAIMS FOR DAMAGES FROM: ( C3200.0) a. Dien Kim Huynh b. MllIjorie Jacobs.FISCAL IMP ACT: None.ACTION: Denied claims and referred to City Attorney and Adjuster.MOTION - Mayor Beyer SECOND - Barrera AYES - Barrera, Mayor Beyer, Coontz ABSENT - Spurgeon, Murphy Page 2 CITY COUNCIL MINUTES NOVEMBER 16, 1993 2 CONSENT CALENDAR (Continued) Items 2.2 and 2.4 were removed and heard separately; all other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 3.REPORTS FROM MAYOR BEYER TAPE 520 3.1 Status report from Mayor Beyer on El Toro Marine Base reuse. Mayor Beyer indicated the north and south county representatives are still discussing the compromise, no decision has been made. (C2500.D.l) MOTION SECOND AYES ABSENT Barrera Coontz Barrera, Mayor Beyer, Coontz Spurgeon, Murphy Moved to receive and file the oral report.4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6.ADMINISTRATIVE REPORTS TAPE 559 6. 1 Report from Community Development Department on Home Occupation Amendment and consideration of Development Standards as it relates to commercial vehicles in R-1 zone. (A2500.0)The Director of Community Development reported the memo distributed to Council outlining the schedule on the two issues is amended as follows:1. The amendment on the Home Occupation Standards will be scheduled for a Council public hearing, December 21, 1993. This amends a section in Chapter 10 of the Orange Municipal Code as opposed to the R- 1 Development Standards. This section currently addresses parking of vehicles on public streets as well as within residential properties. This could be presented to Council on December 21, 1993.2. Vehicles parked on public streets - the Police Chief will report to Council on December 21,1993.Page 3 CITY COUNCIL MINUTES NOVEMBER 16,1993 6. ADMINISTRATIVE REPORTS (Continued) 3. In the interim, the Director of Community Development will meet with the City Attorney and the Police Chief to review the current situation regarding Mr. Payne's problem. Additional information from the Police Chiefwill be presented to Council prior to the December 21st date to address these problems. The Director of Community Development indicated he would contact Mr. Payne and apprise him of the situation. MOTION SECOND AYES ABSENT Coontz Barrera Barrera, Mayor Beyer, Coontz Spurgeon Murphy Moved to receive and file.7. REPORTS FROM CITY MANAGER - None 8.LEGAL AFFAffiS TAPE 864 8.1 RESOLUTION NO. 8265 A Resolution of the City Council of the City of Orange expressing appreciation to Sergeant Milton Galbraith of the Orange Police Department and commending him for more than twenty-six years of service to the City of Orange. (C2500.K)MOTION SECOND AYES ABSENT Barrera Coontz Barrera, Mayor Beyer, Coontz Spurgeon, Murphy That Resolution No. 8265 as introduced be adopted and same was passed and adopted by the preceding vote.9. ORAL PRESENTATIONS BUSINESS LICENSE Marilla Hamor, 839 S. Oakwood, voiced a complaint regarding Business License procedures including the rate schedule for gross receipts on the Business License Renewal Notice. She expressed concern that there is a need to license people that are working out of their homes.Mayor Beyer instructed the Revenue Manager and City Attorney to meet with Ms. Hamor.r Page 4 CITY COUNCIL MINUTES NOVEMBER 16,1993 9. ORAL PRESENTATIONS (Continued) TRAFFIC CONTROL Carole Walters, 534 N. Shaffer, reported Orange Unified School District is moving their conference to the Chapman College auditorium. Ms. Walters complained there are still hazardous traffic problems on Shaffer Street in front of Orange High School in the afternoon. People are blocking residents' driveways and double parking when they are picking up students. Traffic control only occurs about once a year. Mayor Beyer instructed Police Captain Richards to investigate the problem. 10. RECESS MOTION SECOND AYES ABSENT Mayor Beyer Barrera Barrera, Mayor Beyer, Coontz Spurgeon, Murphy The City Council recessed at 3:35 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. Refco Securities, Inc., NASD Arbitration No. 92-03685.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 Code Section 54956.9( b )(1).e. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957.NOTE: The City Attorney deleted Item f g. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess, unless the motion to recess indicates any of the matters will not be considered in Closed Session.7:00 P. M. SESSION 11. INVOCATION, Pastor Rick Lake, Orange Hills Baptist Church 11.1 PLEDGE OF ALLEGIANCE TO THE FLAG 11.2 ANNOUNCEMENTS - None 11.3 INTRODUCTIONS - None PageS CITY COUNCIL MINUTES NOVEMBER 16, 1993 11.4 PROCLAMATIONS Proclamation honoring 100th anniversary of the Orange County Fruit Exchange, presented to Nancy Caster, Secretary/Manager. 11.5 PRESENTATIONS Mayor Beyer announced the presentation of the Friends of the Orange Public Library Magazine Angel" Program would be heard at this time. (C2500.I) MOTION - Barrera SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSENT - Murphy Approved. Nora Jacobs outlined the program and indicated within the past three weeks $291.00 has been raised for fourteen subscriptions.12. PUBLIC HEARINGS TAPE 2455 12.1 CONDITIONAL USE PERMIT 2028-93, TAIT & ASSOCIATES (FOR THRIFTY OIL): (C3300.0) Time set for a public hearing on petition by Tait & Associates (for Thrifty Oil) to consider Conditional Use Permit 2028-93, a request to sell beer and wine within the retail sales area of an existing automotive service station. The property is zoned C- TR (Commercial-Tustin Redevelopment District), and the off premise sale of beer and wine in conjunction with the sale of motor fuel is allowed subject to the issuance of a conditional use permit. Subject property is located at the southeast corner of Tustin Street and Heim Avenue (2493 N. Tustin St.).NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act per CEQA guidelines Section 15301.MAYOR BEYER OPENED THE PUBLIC HEARING.Mayor Beyer read a letter received by fax on November 16, 1993 from Joshua Kaplan, Attorney for Thrifty Oil, indicating he was ill and under a doctor's care. He requested the public hearing be continued. MOTION SECOND AYES ABSENT Barrera Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz Murphy Moved that the public hearing be continued to December 21, 1993 at 7:00 P.M.Page 6 CITY COUNCIL MINUTES NOVEMBER 16,1993 12. PUBLIC HEARINGS (Continued) Rich Tait, Tait and Associates, 800 N. Eckhoff St., Orange, representing Thrifty Oil, concurred that the public hearing be continued to December 21, 1993. TAPE 2690 12.2 TENTATIVE TRACT MAP NO. 14847, CONDmONAL USE PERMIT NO. 2030- 93, BEAZER HOMES CALIFORNIA, INC.: (T4000.0) Time set for a public hearing on petition by Beazer Homes California, Inc. to consider Tentative Tract Map No. 14847 to allow the development of the subject site with a 423 dwelling unit planned unit development; and Conditional Use permit No. 2030-93 to create lots without direct access to a public street upon property located west of Prospect Street between the Collins Avenue bridge and Walnut Avenue (the northerly two/thirds of the Rock Creek Development).NOTE: The environmental impacts of this project have been discussed by Supplemental Environmental Impact Report (SEIR) #861, which was certified as addressing the environmental impacts of a previously approved project for this site.MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of Community Development reported the property is zoned R-3 ( Multiple Family Residential) with the General Plan showing low to medium residential, 6-15 dwelling units per acre. This proposal is a revision of a portion of the project originally approved by Council in 1989. The original townhouse project was approved for 485 units; 122 of those in the southerly portion of the project, are either built or will be completed.This proposal is a request for 201 condominium units and 100 attached single family units. The total density will be 13 dwelling units per acre. The condominium units located in the central portion of the project are attachedin buildings of up to six units in each building. They are two-stories in height, and are 979 to 1532 sq. ft. The attached single family units which are on the northerly end of the project range in size from 1433 to 1885 sq. ft. with one and two story units.Each of these units has a private yard area. Additionally, all units include a two car garage and 79 open parking spaces located throughout the project.This project includes gated entries which meet City standards for turnaround parking, stacking of vehicles and a directory outside of the gate. The private streets throughout the project meet the City's private street standards. The private driveways are 25 ft. in width. There is a common recreation facility on a parcel over 18,000 sq. ft. in size.The proposal conforms to all City standards. City departments conditions have been attached to the Planning Commission resolutions of CITY COUNCIL MINUTES NOVEMBER 16,1993 12. PUBLIC HEARINGS (Continued) Tom Grabel, representing Beazer Homes California, 100 Pacifica, Suite 360, Irvine, reported the new development plan will be cutting density, reducing traffic, preserving property values, generating more City revenue, building out the site faster, providing a wider range of housing opportunities and creating a better overall site design. Mr. Grabel responded to the following concems voiced by Councilmembers: Walkways - The walkways will be continued within the townhome area, and sidewalks on one side of the street in the clustered area. Near the recreation area, walkways are provided to keep people off the street going to and from the recreation area.How many units are family oriented? Mr. Grabel commented the privatized rear yards would encourage families, as well as the local school located one block away.What type of security is proposed along the creek? Mr. Grabel responded there is an iron rod fence that meets the City's requirements.Will the Fire Department trucks be able to maneuver within the street space allowed?The Fire Chief responded both tracts have met the Department's standards for turning radius.Joanne Rogers, 537 Pageant Drive, current homeowner in the development, expressed concern regarding retaining the value of their homes since the new options are much more desirable.Mr. Grable commented there is still a market for these townhomes. There is enough differentiation in all the plans to maintain the pricing, but it is dependent upon the market. The sales prices have not been dropped in order to spur on the sales of units.Richard Klunk, 10932 Pine St., Unit 1102, Los Alamitos, commented there was no playground area for children that will be living in the development.Mr. Grabel responded there are two recreation areas, enclosed rear yards which vary in size from 400 to 1100 sq. ft. and a local school is nearby.It was also noted there are some driveways that are two feet in the townhome clustered area,however there is the same situation throughout the townhome project where there is a stub drive and a garage door located immediately upon turning into the unit.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES ABSENT Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz Murphy PageS I CITY COUNCIL MINUTES NOVEMBER 16,1993 12. PUBLIC HEARINGS (Continued) Moved that the environmental impacts of this project have been discussed by Supplemental Environmental Impact Report (SEIR) #861, which was certified as addressing the environmental impacts of a previously approved project for this site. MOTION SECOND AYES ABSENT Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz Murphy Moved to approve Tentative Tract Map 14847 as outlined in Planning Commission Resolution No. PC-51- 93.MOTION SECOND AYES ABSENT Coontz Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz Murphy Moved to approve Conditional Use Permit No. 2030-93 as outlined in Planning Commission Resolution No. PC- 52-93.TAPE 4770 12. 3 TENTATIVE TRACT MAP NO. 14848, CONDmONAL USE PERMIT NO. 2031-93, BEAZER HOMES CALIFORNIA, INC.: (T4000.0)Time set for a public hearing on petition by Beazer Homes California, Inc., to consider Tentative Tract Map No. 14848 to allow the subdivision of an approximately 16 acre site into 97 lots for a residentially planned unit development, and Conditional Use Permit No. 2031-93 to allow the development of a site with an 88 dwelling unit planned unit development and the creation of 47 parcels without direct access to a public street upon property located east of Prospect Street between Walnut Avenue and Bond Avenue (the site of the previously approved Rock Creek Ranch Single Family Development). NOTE: The environmental impacts of this project have been discussed by Supplemental Environmental Impact Report (SEIR) #861, which was certified as addressing the environmental impacts of a previously approved project for this site. MAYOR BEYER OPENED THE PUBLIC HEARING. The Director of Community Development reported this project is a detached single family residential tract, and zoned R-1-6 Single Family Residential. This site was previously approved in 1989 with 73 units. This proposal is a single family planned unit development. The number of units has increased to 88. The density of the projectis 5.4 units per acre which is less than would be allowed by the General Plan designation on the property of2-6 units per acre.These units range in size from 1700 to over 2100 sq. ft. and include from two to four bedrooms,with one and two story units within the project. The parcels range in size from 5100 to 11, CITY COUNCIL MINUTES NOVEMBER 16, 1993 12. PUBLIC HEARINGS (Continued) sq. ft. There are two car garages provided, and additional 108 spaces within the project that meets the requirements of the PUD ordinance. The project is served by private streets which conform to the City's development standards. This is also a gated community designed to meet City standards. There is a recreational facility. The Planning Commission recommended approval. Mr. Grabel, representing Beazer Homes California, explained the Z-Iot concept which creates a use easement on both neighboring lots to create an area to enlarge the usable yard areas for the unit. The living area is oriented to access the side yard. The homeowners own the legal lot. The CC&Rs apply to all the lots throughout the project on how different access can be taken for maintenance on these use easements.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES ABSENT Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz,Murphy Moved that the environmental impacts of this project have been discussed by Supplemental Environmental Impact Report (SEIR) #861, which was certified as addressing the environmental impacts of a previously approved project for this site.MOTION SECOND AYES ABSENT Spurgeon Coontz Spurgeon, Barrera, Mayor Beyer, Coontz Murphy Moved to approve Tentative Tract Map No. 14848 as outlined in Planning Commission Resolution No. PC-53-93. MOTION SECOND AYES ABSENT Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz Murphy Moved to approve Conditional Use Permit No. 2031-93 as outlined in Planning Commission Resolution No. PC-54-93. 13. PLANNING AND ENVmONMENT - None Page 10 CITY COUNCIL MINUTES NOVEMBER 16,1993 14. ORAL PRESENTATIONS Richard Klunk, 10932 Pine Street., Unit 1102, Los Alamitos, distributed a map depicting an alley located on Lewis Street between Garden Grove Boulevard and EI Rancho Street. Mr. Klunk requested gates be installed for emergency vehicles only and allow the children from the nearby area to play in the alley which is a deadend City-owned alley. Parking problems have occurred from the Garden Towers tenants. (S4000.S.3.1. 1)Mayor Beyer instructed the City Manager to coordinate a meeting with Mr. Klunk.Alice Clark, 205 N. Pine St. spoke on the need to give the Police Department a salary raise.C2500. K)Carole Walters, 534 N. Shaffer St., praised Police Chief Robertson and concurred with Mrs.Clark regarding salary raises for the Police Department.15. ADJOURNMENT MOTION SECOND AYES ABSENT Barrera Mayor Beyer Spurgeon, Barrera, Mayor Beyer, Coontz Murphy The City Council adjourned at 8:20 P.M.h;d/ u~/~~MARlL YN J. SEN,CITY CLERK Gene Beyer GENE BEYER MAYOR B~~ K. ~!! 1..FRED L. BARRERA MAYOR PRO TEM Page 11 I