04-28-1992 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
April 28, 1992
The City Council of the City of Orange, California convened on April 28, 1992 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 - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting -
April 14, 1992 MOTION - Coontz SECOND -
Spurgeon A YES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon ACTION: Continued to May 12, 1992.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/INTRODUCTIONS Mayor
Beyerannounced a ceremony was
held on April 26, 1992 by the Vietnam Veterans to raise the POW/
MIA flag at City Hall. This flag will fly until all missing in action are
brought back from Southeast Asia.1.5 PROCLAMATIONS - None 2.CONSENT
CALENDAR TAPE 57 2.1
Declaration of City Clerk Marilyn
J. Jensen declaring posting of City Council agenda of a regular meeting of April
28, 1992, 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.PAGE 1
CITY COUNCIL MINUTES April 28, 1992
2. CONSENT CALENDAR (Continued)
2.2 Authorize the Mayor and Director of Finance to draw warrants on City
Treasurer in payment of demands.
ACTION: Approved.
2.3 Request approval of a professional services agreement with Hydrosolutions
of California Inc., of Rancho Cordova, California, for consulting services in
conjunction with the Corporation Yard underground storage tank project in
the amount of $45,950.00 from Account No. 720-
1331-481302-9856 Underground Storage Project). (A21 00.
0.A.1951)FISCAL IMPACT: $45,950.00 budgeted in Fund
720,
Equipment Replacement Fund.ACTION: Authorized the Mayor and City Clerk
to execute agreement.2.4 Request approval for the transfer of $5,350.00
from the Unappropriated Reserves of Fund 355 to Account 355-
4051-781200-2300, to fund Change Orders for the security gates
and fencing for the
police facility.A2100.0.A.1849)FISCAL IMPACT: $5,350.00 in
additional
appropriations in
Fund 355, Asset Forfeiture.ACTION: Approved.2.5 Approve the award of Bid No.
912-15, "Furnish Labor and Materials to Install the Electrical for
Well No. 23," to Industrial Construction and Electrical, La Habra, California, in the amount
of $48,800.00; and reject all other bids. Fund
No. 601-8061-484101-8115 (Water Capital Projects - CIP Source of
Supply - Well No. 23). (A2100.0.A.1950)FISCAL IMPACT: $48,800.
00 budgeted
CITY COUNCIL MINUTES April 28, 1992
2. CONSENT CALENDAR (Continued)
A total of nineteen (19) bids were sent out with the following thirteen (13) responses:
Industrial Construction & Electrical
Kincaid Enterprises Inc.
Brannis Electric Inc.
Gilbert & Stearns, Inc.
Thayre Electric Service, Inc.
E.G.A. Co.
BK Electric
Lauback Electric
Rockwell Electric
Shultz Electric
Mel Smith Electric
JCA Electron Co.
PacifIc General Contractors
48,800.00
53,000.00
53,216.00
54,939.00
56,848.00
61,920.00
70,344.00
59,300.00
60,175.00
66,855.00
57,042.00
59,312.00
73,932.00
ACTION: Bid No. 912-15 was awarded to low bidder Industrial Construction
and Electrical of La Habra in the amount of $48,800.00; all other bids were
rejected.2.6 CLAIM FOR DAMAGES
FROM:IRENE FONT ANE for an alleged incident occurring on or about December
8,1991. (C3200.
0)FISCAL IMPACT:
None ACTION: Denied claim and referred to City Attorney and
Adjuster.2.7 Approve and authorize award of Bid No. 912-28, "Watch
Commander's Office Remodel Project," to Don Putzig Company Inc., in the
amount of 7,660.00, and reject all other bids. Transfer of funds
was previously approved by Council for this project on 2/11/92. Fund
No. 355-4011-471200 (Building Improvement) (A2100.
0.A.19S2)FISCAL IMPACT: $7,660.00 budgeted in Fund
355, Asset Forfeiture Twelve (12) bids were mailed out with the following
six (6) responses:Don Putzig Co.Inc. $
7,660.00 Jenkins Construction
8,550.00 P.J.D. Co.
16,200.00 Glencraft Construction
16,483.00 Knox Construction
17,770.00 P & M Construction
19,000.00 ACTION: Award Bid No. 912-28 to Don Putzig Company, Inc.,
in the amount of 7,660.00 of Anaheim; and
reject all
CITY COUNCIL MINUTES April 28, 1992
2. CONSENT CALENDAR (Continued)
2.8 Request approval of a Freeway Maintenance Agreement with the State of
California in accordance with the previously executed Orange Freeway
Agreement. (A2100.0.A.1953)
FISCAL IMPACT: None.
ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.
2.9 Request approval to execute an agreement with Rodolfo G. and Cheryl
Morales to connect 16752 E. Main Street in unincorporated County territory
to City owned sewer. (A2100.0.A.1954)
FISCAL IMPACT: None
ACTION: Authorized the Mayor and City Clerk to execute on behalf of the
City.
2.10 Request approval of an Offer and Agreement to Purchase with the County
of Orange, in the amount of $9,230.00, concerning a 25 foot strip of land
for the Santiago Canyon Road Widening Project. Funding: 271-
5011-483300-3014 and 550-5011-483300-
3014 (Santiago/Windes to
Newport)A2l00.0.A.1955)FISCAL IMPACT: $9,230.00 budgeted in Funds
271, Special Gas Tax Construction Fund, and 550, Department
of Public Works Improvement Fund ACTION: Authorized the Mayor and City Clerk to
execute
on behalf of the City.2.11 Request Council approve Lot Line Adjustment
LL 92-1; 357 S. Lemon Street, Orange County
Rescue Mission. (C2500.
M.16.
1)FISCAL IMPACT: None
ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.12 Approve the attached revised
list of boards, committees and commissions,which would reduce the total number
from 79
to 53 (2nd Report).OR1800.0)FISCAL IMPACT: Undetermined savings in staff
time to provide staff support to boards,
committees and
CITY COUNCIL MINUTES April 28, 1992
2. CONSENT CALENDAR (Continued)
Councilwoman Coontz commented Council received the Orange County Division
League of California Cities records book and, the difference between other cities is that
they do not include staff committees or council committees. They include committees
and commissions that have public members on them. The following three categories
should be included when the book is revised: I) Council committees, 2) staff
committees and 3) public participation committees.
On the table of committee organization, number II, the Citizens Blue Ribbon Advisory
Committee on Immigration Funding, the immigration funding should be deleted. It
should read the Citizens Blue Ribbon Advisory Committee on Illegal Immigration.
Regarding the Economic Development Committee, there was a lack of information
given to the entire Council. The consensus by Redevelopment staff was that a study
session should be scheduled in order for all members of Council to be brought up-
to-date with the purview of Redevelopment. Block Grant has been added, and should
be shown under duties. A study session would allow discussion and understanding
of what is occurring at the Redevelopment Agency, what staff is involved in
certain projects and the redevelopment focus on the future, which Council and the
Agency need to be involved. The study session can address what function the committee
will hold. Those issues regarding negotiations should be addressed by a committee of
two,or Council would have to go to closed session on every
issue.The Economic Development Administrator indicated staff contemplated
conducting many Economic Development meetings with one or two council persons so that
the Brown Act is not violated. They are trying to give everyone the same information
to keep Council informed on all projects. It is not difficult to conduct these
meetings with separate Council persons because they make themselves
available.The Economic Development Administrator was asked about a study session to
bring Council up-to-date on the past history of redevelopment and
perhaps formulate goals.The Administrator commented the staff would be happy to participate
in this endeavor.Councilwoman Coontz commented she did not mind the elimination
of this committee,and felt the study session would be a good idea with a change in
the procedures. A date for the study session could be discussed at the last May
4, 1992 Economic
Development Committee meeting.Councilwoman Coontz remarked the Southern California Hazardous
Waste JPA, No.64 is a function of SCAG and have increased their membership fee to $900.
00. It was recommended this be dropped, it does not particularly benefit the
City, and information can be distributed without belonging
to this
CITY COUNCIL MINUTES April 28, 1992
2. CONSENT CALENDAR (Continued)
Regarding No. 42, the OffIcial City Old Town Steering Committee needs to have their
goals revised because at the time of their inception the goals were of the Plaza historic
area and original town site. It was suggested Dan Ryan could draft the goals and
present them to Council for review. Mayor Beyer commented he would bring the
draft goals to Council.
MOTION - Coontz SECOND -
Steiner A YES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Moved to
delete the committees suggested and, incorporate the changes discussed.2.13
Authorize
execution of agreement between the City and the law firm of Littler, Mendelson, Fastiff &
Tichy for labor relations and employment, legal services in an
amount not to exceed $25,000.00. (A2100.0.A.19S61 FISCAL IMPACT: $25,
000.00 in additional appropriations from Fund 100, General Fund.ACTION: Approved.
MOTION -
Spurgeon SECOND -
Steiner A YES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon Item 2.13 was removed and
heard separately; all other items were approved as recommended.END OF CONSENT CALENDAR 3.
REPORTS
FROM MAYOR BEYER - None
4.REPORTS FROM COUNCILMEMBERS TAPE 487 4.
1 Recommendation by Mayor Beyer to
change the name of the Blue Ribbon Main Library Site Selection Committee to Blue
Ribbon Main Library Site Implementation Committee, and reappoint the following committee
members: (OR1800.0.861 PAGE 6
CITY COUNCIL MINUTES April 28, 1992
4. REPORTS FROM COUNCILMEMBERS (Continued)
Tom Saenz, Lois Barke, Jay Coker, Bill Courtney, Ranald Fairbairn, Jerry Fane,
George Gorham, Omi Johnson, Martha McEwan, Bill Warne and Nancy Way (terms to
expire April 30, 1994).
MOTION - Beyer SECOND -
Spurgeon A YES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve
the name change of the committee to Blue Ribbon Main Library Site Implementation Committee and
reappoint committee members as listed.5. REPORTS FROM
BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None
7. REPORTS FROM CITY MANAGER -
None 8.LEGAL AFFAIRS TAPE 507 8.
1 RESOLUTION NO. 7997 A
Resolution of the City Council
of the City of Orange expressing appreciation to Lucille E. Baker of the Orange
Police Department for more than 20 years of loyal and dedicated service. (C2500.K)MOTION - Steiner
SECOND - Barrera A YES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon
That Resolution No. 7997 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 7
CITY COUNCIL MINUTES April 28, 1992
10. ORAL PRESENTATIONS
Dorothy Gibson, 3020 Ocean View, Orange, commented on Agenda Item 13.4, Tentative
Tract Map 14577 located at 341 E. Lincoln Avenue. Ms. Gibson indicated she would be
unable to attend the 7:00 P.M. Session and felt a reduction in yard area and adjustments may
allow a development that would be less than desirable for the area.
Bob Bennyhoff, 10642 Morada Dr., complimented staff on the Agenda format and contents.
11. RECESS
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. Steven D. Wymer, et al
United States District Court Case No. 922141 SVW
Chapman University vs. City of Orange
Orange County Supel'iol' Com1 Case No. 68 33 95
Serrano Irrigation District vs. City of Orange
Fourth District Court of Appeals Case No. GO 11667
City of Orange vs. County of Orange
Orange County Superior Court Case No. 68 18 89
Murphy vs. City of Ol'ange
Los Angeles Superior Court Case No. LCO 15286
Truong vs. City of Orange
Case No. U. S. District Court Case No. SACB 192-
140 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 Jitigation pursuant to Government
Code 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 to such recess unless the motion to
recess indicates any of the matters will not be considered in closed
session.PAGE
CITY COUNCIL MINUTES April 28, 1992
7:00 P.M. SESSION
12. INVOCATION
Jim Manning, Chaplain, Elks Lodge
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
12.2 ANNOUNCEMENTS- None
12.3 INTRODUCTIONS - None 12.
4 PROCLAMATIONS Youth
Week, May 1 - 8, 1992, Accepted by Richard Dunn, Exalted Ruler, Orange Elks Lodge
12.5
PRESENTATIONS - None 13. PUBLIC HEARINGS
TAPE 834 13.1 GENERAL
PLAN AMENDMENT 3-91-A, ZONE CHANGE 1134-91,
COUNTY OF ORANGE; (C2300.E)
The public hearing on petition by the County of Orange to consider General Plan Amendment
3-9I-A to change the land use designation of property from Open Space/Parks to
Low Density Residential, 2 to 6 dwelling units per acre has been continued f.'om January 14,
1992 and February 11, 1992 to
this time.Consider Zone Change 1134-91 to reclassify property from R-O (
Recreation - Open Space)District to RI-8 (Residential, Single Family, minimum lot size 8,000 sq.
ft.) the western third portion of the site, approximately ten acres; and R 1-
10 (Residential, Single Family, minimum lot size 10,000 sq. ft.), the eastern two-thirds portion
of the site, approximately twenty acres.The project site is approximately 30 acres in size, undeveloped
and is located south of the intersection of
Rancho Santiago Boulevard and Hewes Street.NOTE: Negative Declaration 1376-
91 has been prepared for
this project.THE PUBLIC HEARING IS OPEN.The Director of Community
Development reported communications are continuing with the Council, and it was recommended it be removed from
the
Agenda and rescheduled at a later time.Mr. Warner Stemberg, 4621 E. Swallow Ave., telephoned
the City Clerk's Office on April 28, 1992 at 3:00 P.M.
to voice
CITY COUNCIL MINUTES April 28, 1992
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Coontz Steiner
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to continue
this item to a date undetermined, after the County has come forth with negotiations regarding parcels
of land the Council has requested.TAPE 868 13.
2 APPEAL
NO. 396, VARIANCE NO. 1920-91, McDONALD'S CORPORATION:A4000.0)
The public
hearing on petition by McDonald's Corporation to appeal the decision by the Planning Commission
on December 16, 1991, approving Variance No. 1920-91 to allow the expansion
of an existing fast food restaurant without increasing the number of parking spaces on
the property has been continued from ApI'i114, 1992 to this date. The appeal is regarding
condition of approval #3, requiring right-of-way dedication and
improvements.Subject property is located at 1839 West Chapman
Avenue.NOTE: This project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines, Section
15301.APPELLANT STATES THE FOLLOWING REASONS FOR THE
APPEAL:McDonald's Corporation is appealing the decision of the Planning Commission on
December 16, 1991. The Variance application was to allow upgrading of the restrooms to meet
UBC standards and extension of the drive-thru booth to increase speed of service, neither
of which will increase sales at this location. Therefore, Condition #3 requiring alOft.
ROW dedication plus improvements cannot be financially supported by the project. We
are, therefore,requesting approval of the Variance without
this condition."MA YOR BEYER OPENED THE
PUBLIC HEARING.The Director of Public Works commented they did not condition this variance, but
are alerting the applicant that Ordinance 7-82 which amended Chapter 12.52 of
the Orange Municipal Code requires dedication if work performed on a structure exceeds 500 sq. ft.,
or if work performed in aggregate exceeds $15,000 valuation when a building permit is issued.
This is a requirement by code and has not been overturned in the past. The applicant
may seek a hardship. Chapman Avenue is within the La Veta/Main EIR project. Though it may
be a few years, Staff is of the opinion the requirement for the dedication is
absolutely essential whether or not the work is performed to
widen the
CITY COUNCIL MINUTES April 28, 1992
13. PUBLIC HEARINGS (Continued)
If Council desires, they can direct the dedication and allow the work to either be bonded in the
future or be done as part of the Chapman Avenue Project. The requirement is to dedicate
and improve, however the Department of Public Works might not require improvements at this
time because it might not be a good condition to have extra width for that small segment.
There is no estimated bond amount at this time.
Jim Frisbee and Sharon Frisbee, licensee of McDonalds, 79 Montecito Dr., Corona Del Mar,
commented they wanted to add a second booth to the drive-thru and construct bigger
bathroom stalls to accommodate the handicapped according to State requirements. This does not bring
in more sales, and the concept of paying for the street widening at this time is a hardship on
the
owners.Robert Lombardi, representing McDonald's Corporation, distributed copies of a letter
that was faxed to City Hall. McDonald's Corporation has agreed to dedicate the land as
required by the Public Works Department. The lessee will have to pay for the remodel and the
street dedication, which may be hard on the lessee since the reconstruction of the bathrooms
are required under the State ADA, Title 24 as a matter of convenience to the community.
We consider this to be a fair compromise at this
point.Mr. Frisbee estimated the cost of the remodel to be between $36,000 and $40,000 and
further speculated the street widening to cost more. Mr. Frisbee clarified McDonald's
Corporation would dedicate the land, and whatever the City does when they widen the street at that time
is how it would be
paid.The Director of Public Works indicated it was estimated to cost $30.00 per ft., and could
run as high as $42,000.00. Typically bonds have been posted, some of which have resulted
in cash at the time the project, others have not been successful where there have been changes
in street right-of-way requirements which have occurred within a recent period
of time. Public Works, upon hardship, has waived the condition to do the improvements,
particularly in areas of enhanced intersections. In this case, the classification of the street has
changed since they built the original project, but this is not
an enhanced intersection.Council discussed giving consideration to this due to so many impediments
already with regard to business complying with all the regulations and rules. In the area of
Chapman and Feldner redevelopment is assisting in the upgrading. It was suggested redevelopment
funding could be used for this
street widening project.Council discussed a continuance to receive more information regarding
changes to the ordinance, other businesses in the area, use of redevelopment funds, and what
the City needs as opposed to what the State and Federal Government impose without funding
for the
CITY COUNCIL MINUTES April 28, 1992
13. PUBLIC HEARINGS (Continued)
THE PUBLIC HEARING REMAINED OPEN.
MOTION
SECOND
AYES
Barrera Steiner
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to continue
this issue to the May 12, 1992 Council meeting.TAPE 1645 13.
3 CONDITIONAL
USE PERMIT 1949-92, TOM AND SHEILA HAMILTON:(C3300.0)Time set
for a public hearing on petition by Tom and Sheila Hamilton to consider Conditional Use Permit
1949-92 to allow the construction of an accessory second dwelling unit on the same
property as the existing single-family residence. Subject property is zoned R-
I-40 Single Family Residential, minimum lot size, I acre) and is located at 1614
Hunters Way.NOTE: This project is categorically exempt from the provision of
the California Environmental Quality Act (CEQA) per State CEQA Guidelines, Section
15303(a).MA YOR BEYER OPENED THE
PUBLIC HEARING.The Director of Community Development reported the surrounding area is occupied
by similar sized parcels. The criteria for the subject request is a maximum living area size of
640 sq.ft., the inclusion of two parking spaces for the living unit, the second unit must be
occupied by the owner of the property, and neither of the units can be sold separately, and the
owner must record an agreement on the property which stipulates to those conditions for
future reference and possibly for any purchaser of the property. This proposal conforms to all
of the conditions. There is an existing block wall adjacent to Santiago Canyon Road and it
has been constructed in a location which is within, at least in part, of the public right-
of-way. One of the conditions in the Planning Commission Resolution is a requirement
the block wall be reconstructed in a proper location. The Design Review Board
has recommended this project for approval, as well
as the Planning Commission.Carl Riley, John Alexander Company, 12040 E. Lawrence,
Santa Fe Springs, representing the applicant, indicated he is aware
of all the conditions.Bryan Gortz, 1537 N. Kennymead, commented there is a restriction in
the ordinance to 640 sq. ft. total, they have a structure where the living quarter is 640 sq. ft. and
then a garage unit makes it a much bigger unit. Does this make the structure actually
outside of the limits
allowed by
CITY COUNCIL MINUTES April 28, 1992
13. PUBLIC HEARINGS (Continued)
The Director of Community Development indicated the ordinance requires the living space of
the unit to be 640 sq. ft. maximum, and this project complies.
Bob Bennyhoff, 10642 Morada Dr., commented on behalf of the Orange Park Association,
there is no objection, as long as the wall is moved and the horse trail is retained.
THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
Coontz Steiner
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved that this
project is categorically exempt from the provisions of the California Environmental Quality Act.
MOTION SECOND AYES
Coontz
Steiner
Steiner,
Barrera, Mayor
Beyer, Coontz,
Spurgeon Moved to approve Conditional Use Permit
1949-92 with conditions as outlined in Planning Commission Resolution No. PC-8-
92.TAPE 1859 13.
4 TENTATIVE
TRACT MAP 14577, CONDITIONAL USE PERMIT 1952-92,ADMINISTRATIVE ADJUSTMENT
92-5, THOMAS A. WilLIAMS: {T4000.0l Time
set for a public hearing on petition by Thomas A. Williams to consider Tentative Tract Map
14577 to allow the consolidation of two lots as one parcel intended for condominium purposes;
Conditional Use Permit 1952-92 to allow a nine-unit residential
condominium development on a 0.515 acre site, zoned R-3 and designated MDR (
Medium Density Residential; 15-24 dwelling units per acre), and Administrative Adjustment 92-
5 to allow a 20% reduction in the required front yard, and a 10% adjustment to
the dimensions of an enclosed garage. Subject property is located on the north
side of Lincoln Avenue,approximately 970 feet east of Glassell Street, and 400 feet west of
Cottonwood Street (
341 E.Lincoln Ave.).NOTE: In compliance with the California Environmental
Quality Act, Negative Declaration 1401-92 has
been prepared for the project.MA YOR
BEYER OPENED
CITY COUNCIL MINUTES April 28, 1992
13. PUBLIC HEARINGS (Continued)
The Director of Community Development described the surrounding properties, the north side
of Lincoln Avenue is predominantly multi-family residential, the Cottonwood
condominiums to the north and east of the property is an apartment project. On the south side of
Lincoln Avenue is a commercially zoned area with a mixture of residential and commercial
uses.The proposed units are two-stories with an attached two car garage. In addition
to the enclosed parking spaces, are six guest parking spaces. The Administrative
Adjustment will allow a six foot wall to enclose a patio area within the front yard setback area
adjacent to Lincoln Avenue, which will reduce the front yard setback from 15 ft. to 12 ft.
The garage areas have diagonal cut-offs which improves the site distance on site in the
center
of the property.The Planning Commission reviewed this application in March, and also
reviewed a similar application by the same applicant in November and December of last
year. The original submittal included an II unit proposal, and it has now been reduced in size to
9 units. The Planning Commission has recommended approval of the application as
it is presented.Council discussed reducing the patio area by three feet, due to setback
concerns raised by Dorothy Gibson at the 3:00 P.M. Session. It was felt if three feet was removed
from the patio area, there would not be much of a patio. The plan has already been reduced from
II
units to 9.Dorothy Hudecek, 3196 N. Hearthside, was not opposed to the project
but has reservations regarding reduction of setback. Lincoln is a very busy road, and being that
close would not make for an appealing
place to live.Tom Williams, applicant, 2630 E. Vista Point, Orange, indicated there
was not opposition during the Planning Commission meetings. The project is zoned properly
and is surrounded on two sides by apartments. Mr. Williams was asked the unit selling price, and
was unable to provide an answer
at this time.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER
CLOSED
THE
PUBLIC
HEARING.
MOTION SECOND
AYES Steiner
Barrera Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
Moved to accept the findings of the Environmental Review Board to file Negative Declaration
1401-
92.PAGE
CITY COUNCIL MINUTES April 28, 1992
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Steiner Barrera
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to approve
Tentative Tract Map 14577 as outlined in Planning Resolution No. PC-14-92.MOTION
SECOND
AYES
Steiner
Barrera
Steiner, Barrera,
Mayor Beyer,
Coontz, Spurgeon Moved to approve Conditional Use
Permit 1952-92, and Administrative Adjustment 92-5 as outlined in Planning
Commission Resolution No. PC-15-92.TAPE
2514 13.
5 CONDITIONAL USE PERMIT NO. 1948-91, CHILDREN' S HOSPITAL OF
ORANGE COUNTY (CHOC): (C3300.0)
Time set for a public hearing on petition by Children's Hospital of Orange County to consider
Conditional Use Permit No. 1948-91 to allow an expansion of CHOC Hospital, and
the construction and operation of a temporary parking lot. Additionally, the conditional
use permit application includes a request to allow structural height in excess of 2 stories in the
OP Office Professional)
District.The project site is located upon two sites: l) an irregular shaped site comprised of
three parcels totalling approximately 5. I acres in size and located at the northeast corner of La
Veta Avenue and Main Street (455 S. Main St); and 2) a rectangular shaped parcel
approximately 3.5 acres in size lot side of Main St. 230 ft. south of La Veta
Avenue.NOTE: In compliance with the California Environmental Quality Act. Negative
Declaration 1402-91 has been prepared for
this project.MAYOR BEYER OPENED THE
PUBLIC HEARING.The Director of Community Development reported in 1988 the City approved
a Conditional Use Permit to allow CHOC to construct a new hospital building, a new
medical research building, and to convert an existing office building to hospital support and medical
office use.CHOC has completed this construction and conversion and now has occupied all three
of
the buildings.
CITY COUNCIL MINUTES April 28, 1992
13. PUBLIC HEARINGS (Continued)
This proposal is to place the following additions on the three structures: I) Construct a five
story addition above the existing entry way to the CHOC Hospital, consisting of approximately
2500 sq. ft. per floor, total 12,000 sq. ft., this would be an addition to the existing 185,000
sq. ft. building. 2) Enclose an open patio area on the second story of the medical office
hospital support building, an addition of approximately 4700 sq. ft. to the existing 93,000 sq.
ft. building. 3) 1300 sq. ft. addition to the top floor of the five story 60,000 sq. ft. medical
research building. All total, the current complex is 338,000 sq. ft., and CHOC is requesting
an addition of 18,600 sq. ft., which isjust over 5% increase in area. There will be no
increase of hospital beds.
The temporary parking lot located south of La Veta is proposed on a 3.5 acre site, containing
199 parking spaces for the use of CHOC employees. The City's parking ordinance allows
utilization of the temporary parking facilities for a period of two years, subject to approval of
the conditional use permit. If permanent provisions for this parking are not made within the
two year period, the parking lot would have to be upgraded to permanent parking lot standards
before the two years is over.
A portion of CHOC's property is currently OP (Office Professional), the remainder of the site
is Public Institutional zone on it and the zoning division line will divide the hospital structure,
and staff has recommended it should all be in one consistent zoning designation, and are
requesting the applicant to submit a Zone Change application for that portion of the property.
There is also a condition to ask the applicant to submit a Lot Line Adjustment, similarly there
is a lot line which would divide the building and that would be contrary to the Uniform
Building Code.
The Planning Commission recommended approval with conditionas outlined in their Planning
Commission Resolution.
Bryan Mottishaw, 455 S. Main Street, Orange, Vice-President of CHOC, commented
they have found that most parents stay with their children while they are in the hospital, and a
large family room on each floor is needed, as well as showers for the parents. Another, concern
is to make sure the patients and families have enough space to park, so the Chez Carey
property on La Veta was purchased for the employees in order for the families to have the
closer parking. There are no plans for the property at this time other than using it for
parking.Mr. Mottishaw responded to Councilwoman Coontz's question regarding St. Joseph's
Master Plan, if CHOC had their own Master Plan and how it would be connected to St. Josephs.
He indicated CHOC works closely with St. Josephs on long range planning, since they share
many services. CHOC meets monthly with St. Josephs to discuss master planning for the
area.CHOC also would like to meet more frequently with the City to keep abreast of the
area.THERE BEING NO FURTHER SPEAKERS, MA YOR BEYER CLOSED THE
PUBLIC
HEARING.PAGE
CITY COUNCIL MINUTES April 28, 1992
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Spurgeon Coontz
Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to accept
the findings of the Environmental Review Board to file Negative Declaration 1402-91.MOTION
SECOND
AYES
Spurgeon
Coontz
Steiner, Barrera,
Mayor Beyer,
Coontz, Spurgeon Moved to approve Conditional Use
Permit 1948-91 as outlined in Planning Commission Resolution No. PC-16-
92.14. PLANNING
AND ENVIRONMENT - None 15. ORAL PRESENTATIONS
TAPE 2954 15.1 Request
from Joey Baltazar, et ai, to discuss the Orange International Street Fair Board/Committee'
s statement that the Orange City Council mandated scrip to be
the official currency of the 1992 Street Fair. (C2900.B)The City Attorney,
at the Mayor's request, gave the following statement: The Street Fair is organized and produced
by the Orange International Street Fair Corporation. The corporation is independent, is
non-profit, and is in good standing with the Secretary of State in California.It is
composed of a Board of Directors and committee members. The Board of Directors are legally charged
under the Corporation's Bylaws and Articles of Incorporation to run and to manage the
production of the day to day operations of each year's fair. Since the Street Fair is to
be conducted on public streets, there is a requirement that they have a Special Pageant Permit which
does not involve how the fair is run, but make's sure the City is reimbursed for its services,
and also to make sure that the City is protected in the fair's use of City property.In addition
to the permit, the City has also had a formal agreement with the Corporation.Under the
bylaws of the Corporation, the City Council has reserved the right to appoint four directors to
serve on the Corporation's nine member board. These directors are involved in a policy and
rule making for the running of each year's fair. City Council in cooperation with the Corporation
has formed an Advisory Blue Ribbon Committee composed of City staff,Corporation's
directors and committee members to discuss and comment on proposed policies of the
Corporation.PAGE 17
CITY COUNCIL MINUTES April 28, 1992
15. ORAL PRESENTATIONS (Continued)
It is my understanding the matter of scrip for this year's fair, before it was adopted by the
Board of Directors, was presented to the Blue Ribbon Committee and both the pros and cons
of this policy were discussed. It is also my understanding that the Blue Ribbon Committee had
no objection to this policy. Finally, it is my understanding that staff and the Special Events
Coordinator looked into these potential problems when the issue of scrip was brought before
the Blue Ribbon Committee.
The Blue Ribbon Committee was formed as a sounding board for the Corporation and to assist
in some of the day-to-day operations. The Special Events Coordinator commented
the Blue Ribbon Committee consists of the City Manager, Assistant City Manager,
representatives from Police, Fire, Finance, Public Works, Community Services, four representatives
from the Orange International Street Fair Committee, two members are board members, and
two are represented by
committee members.The City Attorney further explained whether the Blue Ribbon Committee, on behalf
of the City Council, direct that the Board's policy regarding scrip be reversed? In his
opinion, the City Council in cooperation with the Corporation formed this committee to
make proposed policy decisions and the matter of scrip went before the Board of Directors of
the Corporation,and that was what
was decided.The following people spoke in opposition to using scrip at the 1992
Street Fair:Joey Balthazor, 179
N. Holly Jim Bennett, 2005 W. Culver #20, submitted petitions with approximately 1,
289 signatures Jack Ferraro, 9132 Albrey,
Villa Park Hank Mascolo,
1459 Blake Ruth Calvert, 1262 San
Remo Place Pamela Lee, 1855
E. Rose Bern Bischof, 7561
Center Ave.Stuart Ward, II64 N.
Lincoln St.Debra 1. Sandefur, 4128 E.
Addington Dr.Danny Gonzales, 3105
N. Hartman Nate Wisely, 215
S. Dunas Adele Graves, 1047 W.
Trinity Ln.Danny Loya, 270 N.
Flower St.G. Grubba,
845 Jacaranda Their comments are
as follows:Mr. Ferraro resigned as President of the Sister City Association and the
Fireworks Committee The church, youth and charitable groups on All American Street sell on impulse
and cannot survive on the
scrip system.Table the scrip issue for this year, so all groups involved in the Street Fair can
discuss the pros and cons
of scrip.
CITY COUNCIL MINUTES April 28, 1992
15. ORAL PRESENTATIONS (Continued)
The Blue Ribbon Committee and Street Fair Board are not concerned with non-
profit regarding the use of scrip. There are no fireworks booths any more to help non-
profit groups
raise funds.Mr. Mascolo resigned from the Orange International Street Fair Committee board
because he wishes to help the non-profit groups, and feels the board is
out of control.Standing in additional lines for scrip is not good for the handicapped,
disabled or children,this will affect their
ability to fund-raise.The Boy Scouts and churches desperately need to make funds at this
time. These groups also do not have large amounts of front monies to get
into the Street Fair.These groups do not want to raise
funds for the City.The Street Fair booth costs keep rising each year, making it difficult
for
small groups to participate.There will be a large amount of cash flowing if scrip is used, robberies
can occur, and gun play encouraged. The people handling the money will not be bonded,
and the vendors will
lose in the end.If scrip is used, please
have 50 cent increments.There was an incident at Lucky's Store when the Manager of the store
told Ms. Sandofer that someone had refused to let a patron go into the store until they signed a
petition that was being circulated. Ms. Sando fer commented to her knowledge
this did not occur.Mexican Street will resign from the Street Fair
if scrip is used.American Legion, Orange North Rotary, Orange Rotary, First
Christian Church, First United Methodist Church, Kiwanis Suburbia, Orange Breakfast Lions, Moose,
St. Paul's Lutheran Church, Santiago Hills Community Church, Orange High
Vocal, Orange Youth Football,Villa Park Band, Rehabilitation Institute of Orange, and Lestonnic Clinic will
not
be in the fair.The City Council has the power to change the decision
to go to scrip.Any policy or bylaw change is subject to the approval of the Council as
stated in the Orange International Street Fair Bylaws. Ms. Graves quoted from her copy of
the bylaws which read,These bylaws shall be amended by a majority vote of the corporation,
subject to the approval of the Orange City Council." When we went to federal court in 1989
in reference to the democratic committee lawsuit, the judge indicated the City was tied to
the OISF because of that one sentence, "subject to the approval of the Orange City Council." The
last copy of the contract was given to us by the City Clerk dated 1989. The
contract states, "contractor agrees,that prior to implementing production of street fair, contractor shall
obtain approval of the Orange City Council. Approval shall include, but not be limited
to the following: all advertisements submitted to contractor, the number of
alcoholic beverage control permits issued to street fair participants, the priority, ranking system
establishing booth preferences to Orange residents and merchant applicants. The projected budget and
fee schedule of booths for street fair. In the event the City does not approve contractor's
production of
CITY COUNCIL MINUTES April 28, 1992
15. ORAL PRESENTATIONS (Continued)
contractor shall modify prior to implementing production of street fair under this agreement to
conform production of street fair to the modifIcation required by Orange City Council.
Contractor agrees to inform Orange City Council members of its activities concerning
production of street fair. Contractor recognizes that contractor's board members may request
to appear before City Council to present information regarding production of the street fair."
The City Attorney commented, it appears the intent of the August I, 1989 agreement was for
two years and to have one year, the initial period, and then one renewal period, if not
terminated by the City after the first year. That contract has probably expired by its own
terms. It does not mean that the City Council could not enter into a new agreement if they
desire to do so. It is my opinion Council does not have any contractual right at the present to
veto any decisions of the OISF. The three links between the Council and the fair, are the City
Council can appoint four members to the OISF Board. Those directors are then involved in
the daily operations or the policy making for the fair; the permit procedure allows the Council
to review the City Manager's decisions with respect to Special Pageant Permit, and then
perhaps in the formation of the Blue Ribbon Committee. As far as Council's authority, those
are the three links with the fair.
The following people spoke in favor of using scrip:
Barbara Talbert, 2260 N. Batavia St.
AI Ricci, 1320 N. Manzanita
John Garfein, 2721 E. Hillside Ave.
Nick DiAmico
Russ Barrios, 235 E. Maple
Gail Hewitt, 143 N. Grand
Kenneth S. Levy, 1800 E. Heim Ave., #40
Adam Pliska, Sr., 2238 Larkspur Dr.
Judy Sollee, 821 E. VanBibber
Adam Pliska, Jr., 2238 Larkspur
Robert Gwyn, 1425 E. Sycamore
Their comments were expressed as follows:
In this recession, people will want to spend all the scrip, or maybe save it for a token
Scrip has been proven to be successful in other street fair throughout the County and State.
The reason for scrip is accountability, it will track where the money goes so the non-
profit groups will get what they
should.Scrip will ensure sales tax and taxes are
paid.Scrip will help groups that have experienced stolen money
problems.Scrip will have 10 booths with some type of police officer or guard to control the
money.Why haven't these people come to the board meetings to
complain?PAGE
CITY COUNCIL MINUTES April 28, 1992
15. ORAL PRESENTATIONS (Continued)
The Street Fair auditors realized we were lacking in accountability.
Downtown merchants prices are allowed to benefIt from the fair.
Every major sponsor has supported scrip.
REBUTTAL:
Adele Graves commented, the Taste of Orange County does have scrip and they use it strictly
as a fund-raiser. We are not raising funds for the City of
Orange.The City Attorney gave the following statement: "In regards to the contract, the City
Council did have approval rights over certain policy decisions. It is my view that the contract ran
out last year, August, 1991 because it was only for a two year period. The City Council does
not have any contractual right at the present to veto decisions of the OISF Board. A new
contract could be entered into desired by the two parties. Of course, the Special Pageant Permit, if
one is issued or not issues by the City Manager, that could be reviewed as far as the use of the
City streets under the Police power. Council has made appointments, the four board
member appointments also. So, the use of scrip, in my view, is a policy decision of the Street
Fair Corporation, and as Mr. Ricci talked, they have had votes on committees and on the board
and those votes have been in favor of
scrip. "16.
ADJOURNMENT
MOTION
SECOND
AYES Mayor Beyer
Barrera Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon The City
Council adjourned at 9:45 P.M.Ut~~MARILYN
J.
NS ,C CITY CLERK PAGE 21