01-08-1991 Council Minutes308
APPROVED BY CITY COUNCIL ON JANUARY
CITY COUNCIL MINUTES
OF A REGULAR MEETING
22, 1991.
ORANGE,
JANUARY
The City Council of the
day of January, 1991 at
ve ue
city of Orange, California, conVe es this 8th
3:00 P.M. in the council Chambers, 300 E.
1. OPENING
I
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - steiner, Barrera, Mayor Beyer, coontz, purgeon ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting -
December 11, 1990 MOTION - steiner SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Surgeon ACTION: Approved with corrections.Regular Meeting -
December 18, 1990 MOTION -
Barrera SECOND - spurgeon AYES - steiner, Barrera,
Mayor Beyer, coontz,
g, urge on
ACTION: Approved.1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS Kari Regoni, Project
Manager, E.
M.A. proposed Con Management
Plan. Mayor Beyer announced this pres continued to the
January 15, 1991 Council meetinq Session.estion
ntation was 3:00 P.M.The City
Clerk
introduced
newly hired
Joyce Hanse , Minute Clerk.
age 1
309
COUNCIL MINUTES JANUARY 8, 1991
TAPE 129
2.CONSENT CALENDAR
2.1 Declaration of city Clerk Marilyn J. Jensen declaring posting
of city council Agenda of a regular meeting of January 8,
1991, at the City of Orange, Main Library, the Eisenhower Park
Bulletin Board, and the New police Facility at 1107 N.
Batavia, all of said locations being in the city of Orange and
freely accessible to members of the public at least 72 hours
before commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda posting and authorized
its retention as a public record in the Office of the city
Clerk.
2.2 Authorize Mayor and Director of Finance to draw warrants on
City Treasurer in payment of demands.
ACTION: Approved payment.
REMOVED AND HEARD SEPARATELY)
2.3 proposed process to develop a Master Plan of Recreational
Trails for the city of orange. (C2300.H)
Council questioned if this master plan included the Irvine
company lands, and if so could this be shared financially,
since this is an unbudgeted item.
The Director of Community Development responded the Master
Plan of Recreational Trails includes the entire city, as well
as the future expansion area and the eastern portion of the
Irvine Ranch area. This will set standards and locations for
a comprehensive trail system. The Irvine Company has not been
contacted as to their participation. It was proposed a report
with a recommendation for a consultant would be presented to
Council within 60 days.
Council members commented, since there are Specific Plans to
be considered in the immediate future, the subject report
needs to be given to Council in a shorter amount of time.
Bob Bennyhoff, 10642 Morada Dr., commented the County is
designing a trail head on santiago Creek east of the Loma
Street bridge, and on the Crawford Canyon open space area.
The City should work closely with the County in order to
connect all the trail systems being considered. The city of
Villa Park is also discussing trail systems, and should be
included in discussions.
Page 2
310
COUNCIL MINUTES JANUARY 8, 1991
2. CONSENT CALENDAR (Continued)
MOTION - Coontz SECOND -
Spurgeon AYES - Steiner,
Barrera, Mayor Beyer, Coontz, spurgeon Moved to approve
Item 2.3, staff to contact The Irvine Company r-.,and the County
of Orange regarding participation of shared costs; and participation
of planning with the County, The Irvine Company and
the City of Villa Park. Staff to return sooner than 60
days with the report.2.4 Request
city Council approve and award the purchase of Televisions, VCRs and
Microwave Ovens for the new Police Facility from Adray'
s CBS in the amount of $22,203.00 and reject all other
bids. Also recommend waiving of the formal bidding process under
OMC 3.08.210 in the best interest of the City. Funding No:
501-4051-781200-2300. (C2500.K)
ACTION: Approved.
2.5 Request City council approve award of Bid #901-
31,Softball/Basketball Official Services" to Major League,
Inc.,Glendale, CA in the amount of $75,000 and reject all
other bids. Funding No: 210-7014-426700-
0000-01014. (A2100.0-A.1725)Four (4) bids were sent,
the following two (2) were received:Major League - $
18.00 and $36.00 Tri county Officials - $18.
00 and $39.00 ACTION: Bid #901-31 was awarded to
Major League, Inc., in the amount of $75,000;
all other bids were rejected.2.6 Request City Council to
approve and award Bid #901-23 Printing of
Orange Progress" to Woodbridge Press Inc,Anaheim, CA in the budgeted amount of $
80,000.00 for four (4)issues yearly and reject
all other bids. (A2100.0-A.1724)
Seven (7) bids were mailed,
the following Woodbridge Press and Graphic Reflections.
ranged from $19,739 to $22,671.ACTION: Bid #901-
23 was awarded to Woodridge Press Inc., low bidder, in the amount
of $
80,
000.00; all other
bids were rejected.responded:The cost per issue 2.7 Request
City Council to approve and authorize execution of
Cooperative Agreement No. 090-312 Adjustment of
sewer manholes after street
resurfacing per Cooperative Agreement No.D90-
056. (A2100.0-A.1721)Account No: 271-5021-
483300-3111 Amount: $2,200.
ACTION: Approved
COUNCIL MINUTES JANUARY 8, 1991 311
2. CONSENT CALENDAR (Continued)
2.8 CLAIM FOR DAMAGES FROM:
a. ROBERTA CAFFREY for an alleged incident occurring on or
about November 24, 1990.
b. TOM BENNETT for an alleged incident occurring on or about
October 30, 1990.
c. LOIS K. HERMANN for an alleged incident occurring on or
about October 30, 1990.
d. NADYA REYES for an alleged incident occurring on or about
November 24, 1990.
e. SALVADOR DIAZ for an alleged incident occurring on or
about March 26, 1990.
ACTION: Denied claims and referred to City Attorney and
Adjuster.
REMOVED AND HEARD SEPARATELY)
2.9 Request from University of California, Irvine Bicycle Racing
Team, to close the bicycle lane through the intersection at
Jamboree and Canyon View, and the intersection of Jamboree and
Santiago Canyon, for a collegiate bicycling time trial
scheduled for Saturday, February 23, 1991, 7:00 A.M. to 12:00
Noon; and request that fees be waived. (P1300.0.9)
Police captain McElwee recommended this request be denied, due
to safety factors being a major concern. The two signalized
intersections will need traffic officers at each signal for
five hours with barricades at maximum cost of $2,000. These
signals will eventually go red causing safety problems for the
bicyclists, as well as a 90 degree turn in the area.
There were no representatives from the University of
California Irvine Bicycle Racing Team present.
MOTION - Spurgeon SECOND -
Coontz AYES - steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Moved to
deny the request. Police captain McElwee was instructed to
send a letter to the University outlining the reasons for
the denial.2.10 consider
that Deloitte & Touche be retained as Arbitrage Rebate Consultants for
presently outstanding debt issues for the City, Redevelopment
Agency and Assessment Districts at an estimated fee of $
15,000 for the year ending 06/30/90 and 11,000 for
the year ending 06/30/91. (A2100.0-A.l726)ACTION: Approved.
Page 4
r-
312
COUNCIL MINUTES JANUARY 8, 1991
2.CONSENT CALENDAR Continued)
MOTION
SECOND
AYES
Barrera Spurgeon
steiner,Barrera,
Mayor Beyer, coontz, spurgeon Items 2.3
and 2.9 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 556 OR1800.
0.28)
3.1 Appointment
of Dave Shaffer to Community Video Advisorv Board.MOTION SECOND AYES
Beyer
Coontz
Steiner,
Barrera, Mayor
Beyer, Coontz,
Spurgeon Moved to ratify the appointment of
Dave Shaffer.Mayor Beyer requested the following items
be agendized for the January 15, 1991, 3:00 P.
M. Council meeting:MOTION - Barrera SECOND - Spurgeon AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon Moved
to agendize the appointment of Gene Minshew to
act as Interim City Attorney while recruitment process for city Attorney is
being conducted.MOTION SECOND AYES Beyer Barrera Steiner,Barrera, Mayor
Beyer,
Coontz,
Spurgeon
Moved
to agendize
the appointment
of Interim Police Chief Merrill Duncan to
serve while the current Police Chief Mike Parker will be
on medical leave.4. REPORTS FROM COUNCIL MEMBERS - None 5.REPORTS FROM BOARDS.
COMMITTEES AND
COMMISSIONS TAPE 640 Or1800.0.83)5.
1 Accept. with rearets. the resianation of
Jane Henderson
from the Oranae
Transportation Committee.MOTION - Coontz SECOND - steiner AYES - Steiner, Barrera, Mayor Beyer,
Coontz, spurgeon Moved to
accept Ms. Henderson'
s resignation with
regrets. City Clerk to send letter of regret,
on behalf of the City Council.Page 5
COUNCIL MINUTES JANUARY 8, 1991
313
5. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued)
5.2 Recommendation from Mavor Bever. Advertisina & Promotion
Committee. to approve paYment of: (Or1800.0.17)
a) $100.00 to purchase four (4) trees to be placed in a park in
Orange, New South Wales, Australia, our Sister city, as a symbol of
friendship between their city and Orange, California.
MOTION - Barrera SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved.b) $
300.00
to be donated to the Orange High School Chamber singers for their appearance
at two (2) separate occasions: The Council Swearing-in Ceremony
on November 20, and the Council/Department Heads Christmas Party
on December 17.MOTION SECOND
AYES
steiner
Barrera
Steiner,Barrera,
Mayor Beyer,
Coontz, Spurgeon ACTION: Approved.TAPE 711 5.
3 Accept.
with rearets.
the resianation of Everett Caldwell from the Oranae International Street Fair
Committee. (OR1800.0.60)MOTION - Beyer SECOND - Barrera AYES -
steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon
Moved to remove this item from the Agenda.
The Orange International Street Fair Committee, Board of Directors appoints this
member.5.4 Appointment of Paul Pursell to the
Manaaement Audit Committee.to fill the position vacated bv Councilman Mike
Spuraeon.OR1800.0.76)MOTION - Barrera SECOND - Coontz AYES -
Steiner,Barrera, Mayor
Beyer, Coontz, Spurgeon
Moved to ratify
the appointment of Paul Pursell.Page 6 T----
314
COUNCIL MINUTES JANUARY 8, 1991
TAPE 762
6.ADMINISTRATIVE REPORTS
Orl800.0.60)
6.1 Oranae International Street Fair Blue Ribbon Committee Report
and Recommendations. (Continued from 11/27/90 and 12/18/90).
see Legal Affairs, Resolution No. 7733)
Council discussion ensued regarding concern as to where the funds
will be generated for this position, since it was not in the budget.
The Assistant city Manager explained the funds would be advanced from
the General Fund and the Advertising and Promotional Fund. The Cable
TV Franchise fund could also be used if the person worked in that
area. It is anticipated the majority of the work and costs would be
devoted to the Street Fair, and this would be reimbursed from the
proceeds of the Street Fair as staff costs have been reimbursed this
past year.
The salary range is from $3045 to $3905 per month. with fringe
benefits, the aggregate cost of salary would be approximately
65,000. If it is assumed that 80% of the persons time would go to
the Street Fair, approximately $50,000 out of the $65,000 would come
from the Street Fair. If the person was used for other activities,
7500 would come from the General Fund and the Advertising and
Promotion Fund.
Mayor Beyer commented that the Cable TV fund needs to be explored,
rather than using the General Fund.
Al Ricci, 1118 W. Chapman Avenue, President of the Street Fair, spoke
in support of the recommendation, and commented the Board of
Directors are not equipped as an employer with all regulations to
employ an Executive Director or provide a benefit package.
MOTION
SECOND
AYES
NOES
Coontz Spurgeon
Barrera, Mayor
Beyer, coontz, Spurgeon steiner Moved to
approve the
recommendation to provide for the addition of one full-time special
Events Coordinator to the Community Services Department and, directed
staff to make the appropriate budget transfers and amendments
to the position control system to implement this change. The
funding to be split between Fund 230 (Cable TV Franchise) and Fund
235 (Advertising and Promotional). Reimbursement to occur from
the Special Event Activities according to the percentage of time
spent by the Executive Director.See Resolution No.
7733, Page 8 for Council action.)MINUTE ORDER - COUNCILMAN
STEINER: "I certainly concur with the need for a central person
to bring organization and a more formal structure to the Street
Fair, but I believe that could be done through the auspices of
the Street Fair Board of Directors. I think this item 6.1,
and Resolution 7733 results in an awkward relationship that does not really
get to the core of a lot of the issues that many Page 7 r
315
COUNCIL MINUTES JANUARY 8, 1991
6. ADMINISTRATIVE REPORTS (Continued)
of us have heard for some time. It really does change the focus of
the Street Fair from a community based volunteer oriented event, to
an extension of City government. On that basis I will vote no on
both of these items."
8.LEGAL 'AFFAIRS TAPE l242
8.1 RESOLUTION NO. 7676
A Resolution of the city Council of the city of Orange establishing a
Flexible Benefit Plan for the Orange Supervisory and Management
Association and the Fire Management Association. (C2500.J.4.l
C2500.J.4.3)
MOTION - steiner SECOND -
Barrera AYES - steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No.
7676 as introduced be adopted and same was passed and adopted by
the preceding vote.8.2 RESOLUTION
NO. 7733 A Resolution of
the City Council of the city of Orange approving the addition of one
Special Events Coordinator for the Community Services Department; and amending
Resolution No. 7668 to add the Classification Title of
Special Events Coordinator to schedule C at Salary Range 430 ($
3045 - $3905); and further, amending the position control system to reflect
the addition of this new position.Or1800.0.60)Refer
to Item 6.
1, Page 7)MOTION SECOND AYES NOES
Barrera
Coontz
Barrera,
steiner
Mayor Beyer,
Coontz, Spurgeon
That Resolution
No. 7733
as introduced be adopted
and same was passed and adopted by the preceding vote. To include
the funds be split between Fund 230 (Cable TV Franchise) and Fund
235 (Advertising and Promotion) .8.3 RESOLUTION NO. 7734 A Resolution
of
the City Council of the
city of Orange upholding recommendation of the Planning Commission of the City
of Orange and approving the reclassification of property situated on the
north side of Buena Vista Street between Palm and Orange
Avenues. (Pre-Zone Change 1131-90. Applicant: Gordon Davidson). (Z1500.
0)Page 8
316
COUNCIL MINUTES JANUARY 8, 1991
8. LEGAL AFFAIRS (Continued)
MOTION - Coontz SECOND -
Beyer AYES - steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No.
7734 as introduced be adopted and same was passed and adopted by
the preceding vote.8.4 RESOLUTION
NO. 7735 A Resolution of
the city Council of the city of Orange upholding recommendation of the
Planning Commission of the City of orange and approving the subdivision
of property situated on the north side of Buena vista Street
between Palm and Orange Avenues. (Tentative Parcel Map No.
90-322. Applicant: Gordon Davidson) (C2500.M.16.1)MOTION SECOND
AYES
Coontz
Beyer
steiner,Barrera,
Mayor Beyer,
Coontz, Spurgeon That Resolution No. 7735 as
introduced be adopted and same was passed and adopted by the preceding
vote.8.5 RESOLUTION NO. 7738
A Resolution of the City
Council of the City of orange expressing appreciation to Captain Robert Allen
Noe of the Orange Fire Department and commending him for
more than twenty-nine years of loyal and dedicated service. (
C2500.H)MOTION - Barrera SECOND - Coontz
AYES - steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon That Resolution No. 7738 as introduced be
adopted and same was passed and adopted by the preceding vote.8.
6 RESOLUTION NO. 7739 A Resolution
of the city Council of
the City of Orange upholding recommendation of the Planning commission of the
city of Orange granting a Conditional Use Permit to allow
conversion of existing guest room of single family residence into
accessory second dwelling unit and construction of additional room as
part of second unit upon property situated at 376 Chandler Ranch Road
between Pony Court and criollo Circle. (CUP 1870-90. Applicant: Edward
Frankel).C3300.0)MOTION SECOND AYES Coontz
Barrera Steiner,
Barrera,
Mayor
Beyer,
Coontz, Spurgeon
That Resolution
No. 7739 as introduced be adopted and
same was passed and adopted by the preceding vote.Page 9
317
COUNCIL MINUTES JANUARY 8, 1991
8. LEGAL AFFAIRS (Continued)
8.7 ORDINANCE NO. 1-
91 An Ordinance of the City Council of the City of orange
amending Chapters 17.04, 17.42, 17.43 and 17.72 of the Orange Municipal
Code to add regulations for the placement of cellular
antennas.A2500.
0)MOTION - Barrera
SECOND - Spurgeon AYES -
Steiner, Barrera, coontz, spurgeon NOES - Beyer
That Ordinance No.
1-91 have first reading waived and same was set for second
reading by the preceding vote.8.8
ORDINANCE NO. 2-91 An
Ordinance of the City Council of the City of Orange amending Section
17.06.020 of the Orange Municipal Code and approving reclassification
of property situated on the north side of Buena vista
Street between Palm and Orange Avenues., (Pre-Zone Change
1131-90. Applicant: Gordon
Davidson) (Z1500.
0)
MOTION
SECOND
AYES Barrera
steiner Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance
No. 2-91 have first reading waived and same was set for
second reading by the preceding vote.9.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.
ORAL PRESENTATIONS TAPE 1683 Carol
Walters, 534 N. Shaffer, reported the construction crews at Chapman
College had been parking in the Neighborhood Parking Permit areas.
Mrs. Walters notified the city Manager's office, and this has been
rectified.The
Assistant City Attorney commented a flyer could be attached to all
documents received by the contractor, which would contain conditions
regarding this issue.Mrs.
Walters commented on some projects that have been approved in the
past in the Old Towne area (Cleveland Street and the Palm Grocery Market)
that are destroying the Old Towne atmosphere.Mayor
Beyer commented, Council is continuing to review the Old Towne Design
Guidelines.Charles
G. Milden, 7040 Saddlehill Trail, Orange, registered a complaint
regarding off duty police officers acting as public investigators
harassing he and his wife, Susan Milden. (C3200.0)page
10
318
COUNCIL MINUTES JANUARY 8, 1991
10. ORAL PRESENTATIONS (Continued)
The Assistant city Attorney reported a January 4, 1991 letter from
their office was a prepared response, after receipt of Mr. Melden's
letter. The Police Department determined Mr. Milden had been served
with process and there was a request for identification of the
private investigators, in which that was communicated to Mr. Milden.
Also, in absence of a legal procedure or restraining order, the
activities, were not illegal. Mr. Milden was assured if their
conduct exceeded any trespass fashion, the orange Police Department
would respond.
Police Captain McElwee indicated the Police Department does not
permit off duty officers to work as private investigators. There is
a copy of Mr. Milden's letter has been received by the Police
Department and is being reviewed by the Legal Affairs Police Officer.
It is not condoned that private investigator's violate the law within
the City. The Police Department will respond to calls from citizens
if a violation of the law occurs.
Bob Bennyhoff, 10642 Morada Dr., asked if it is illegal for a private
investigator armed to come onto private property?
Captain McElwee indicated a private investigator does have the right
to carry a concealed weapon if he has a permit.
Susan Milden, 7404 Saddlehill Trail, expressed comments regarding
police harassment.
Mayor Beyer commented the Police Department is investigating this
issue and will contact Mr. and Mrs. Milden.
RECESSED AT 4:25 P.M. AND COUNCIL RECONVENED AT 7:00 P.M.
MOTION - Mayor Beyer SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon Moved to recess
at 4:25 P.M. to an Executive Session pursuant to Government Codes Section
54956.9(a), and excuse the City Clerk and/or her designee, in
order to meet with its Legal Counsel to discuss the following pending litigation:
Thriftv oil Co. vs citv of Oranae. et sL.7:00
P.
M. Session 11.INVOCATION - Bobbie
Druilhet, Orange sister Cities Association 11.1 PLEDGE OF
ALLEGIANCE TO THE FLAG Page 11
COUNCIL MINUTES JANUARY 8, 1991 319
12.PUBLIC HEARINGS
TAPE 2685
A4000.0)
12.1 APPEAL NO 381. CONDITIONAL USE PERMIT 1849-90. DIANE
GLENN:Time set for a public hearing on petition by Diane Glenn to
appeal the decision of the Planning Commission of November 19, 1990 to
deny Conditional Use Permit 1849-90 which allows the conversion
of an existing four unit apartment building into a Board and
Care facility for persons with
developmental disabilities.Subject property is located on the south side of Fairway Drive
at the intersection with Fashion Park Street, (340 W.
Fairway Drive).NOTE: This project is categorically exempt from the
provisions of the California Quality Act (CEQA) per State CEQA
Guidelines,
Section 15303.REASON FOR APPEAL: THE APPELLANT STATES THE FOLLOWING
REASONS
FOR APPEAL:I feel the neighbors did not have an adequate understanding
of the type of individuals that will be living in the apartments I
own. I can understand the neighbors' concerns and being afraid
of the unknown, and not knowing what to expect of people who
society has labelled as being different. I feel the neighbors are
being unfair and discriminatory towards people who are disabled. We are
living in the 20th Century and people with disabilities are a part of
the human race and must not be viewed as EYESORES or threats to a
community. I appeal to your hearts to give the residents a chance
to prove themselves, before you classify them as being unfit or
misplaced in not only your community, but any community. Please
note the population of the residents will be sixteen (16). No
alterations to the interior or exterior of the building other
than upgrading".MAYOR BEYER OPENED THE
PUBLIC HEARING.The Manager of Current Planning reported the
applicant originally proposed a conversion of a four-unit apartment building
to a board and care facility for 22 developmentally
disabled individuals. Most of the residents work offsite and rely on
public transportation or walk to and from work. A van is onsite for tours
and workshops. The facility is proposed to be staffed by four
40-hour week employees,one of which would live at the facility,
and two part-time staff.The Planning commission received a
petition in opposition, and acted to deny the request because of
concerns of overcrowding. The project was found to be incompatible
with the neighborhood. Concern was expressed for the lack of space for
outdoor recreation area for the residents, and the distance of the
project from
commercial areas and public transportation.Other concerns were as follows:
doorways were to be changed,kitchens to be converted to living space,
access to the upstairs unit apartment - it would require the residents to
go outside the building and go down an exterior staircase to get
to the
320
COUNCIL MINUTES JANUARY 8, 1991
12. PUBLIC HEARINGS (Continued)
Subsequent to the Planning Commission's denial, the applicant has
revised the proposal reducing the occupancy from 22 to 16 residents,
and eliminating all the interior modifications to the building. The
revised proposal reduced the density of the site, increased
individuals privacy by not having hallways through bedrooms, and
provides a more homelike atmosphere. However, it does not resolve
the distance from the commercial centers and public transportation,
there is still a lack of outdoor recreation area, and internal access
between floors has not been provided.
Council questioned, because of the revised plans, should the project
go back to the Planning Commission for a decision. The Assistant
City Attorney recommended, since there is substantial modification,
the matter could be denied and referred back to the planning
Commission as a new application, without prejudice.
Concern was expressed by Council members regarding fire safety,
sprinklers, and supervision of the disabled people living in
two-story buildings that are separate
units.The following people spoke in favor of the
appeal:Diane L. Glenn, 402 W. Fairway Dr. #
B Rama Vakil, Psychologist, 14761 Braeburn,
Tustin Brian Simons, 3117 Cubbon, Santa
Ana Randy Lee Martinez, 340 W. Fairway Dr. #
B Their concerns were expressed as
follows:Ms. Glenn stated at the Planning commission meeting the
density could be lowered. There are not 22 residents ready to go
into independent living at this time. Ms. Glenn explained how
these residents are taught to be independent and to live on their
own eventually. The program is two years, possible through four
years.Ms. Glenn commented she did accept the suggestions by the
Planning Commission and this was the basis for her
appeal.There is communication between staff and clients. There will be
a fire alarm system, which is required by the Fire Department.
Also,an intercom system, and other staff there certain hours of the
night.Ms. Glenn commented she operates seven other facilities in
Santa Ana. This would be a transition facility for the clients moving
out of the other facility into this one, which is a
semi-independent setting. Ms. Glenn has been in this business for 25 years,
and is licensed by
the State.Eight people are proposed to live upstairs, a night person
would be
on duty.Ms. Vakil commented she has been working as a
psychologist with these people for 3 to 4 years, and highly recommends
this facility for the advancement of
their living.
COUNCIL MINUTES JANUARY 8, 1991 321
12. PUBLIC HEARINGS (Continued)
These homes should be upgraded as proposed to teach independent
living.
The program is necessary for the community.
The apartments have doors on the ground floor, you do not have to
walk upstairs.
These people need to get out on their own.
The following people spoke in opposition:
Robert G. Phillips, 636-A S. Cypress
Dr.Elizabeth and Elmer L. Thomas, 3216 E. Gainsborough
Rd.Bob LaMontry, 612 S. Cypress, representing his parents that
own property in the
area Their concerns were expressed as
follows:This type of use is not conducive to the surrounding
neighborhood.These people have problems, some are on
medication.The tract has only one access onto La
Veta.If there are interior changes to the building later, or the
number of clients is increased to 22, how will be
know?There is not enough area for
recreation.Property has little off-
street parking.We do not know what will happen to the kitchens,
garages
and bathrooms.The garage has been remodeled to include
a window.The Manager of Community Development reported there is
no specific plans on the latest proposal for a reduced occupancy.
A conditional use permit would run with the land, and whoever took over
the use would have to comply with
the conditions.Councilwoman Coontz commented on the statement issued by
the Planning Commission, the stairways are on the outside, which is
an indicator this whole project needs to be carefully reviewed
regarding all aspects including
the garage.The Assistant City Attorney opined findings could be
made without prejudice to
the appellant.THERE BEING NO FURTHER COMMENTS, MAYOR BEYER CLOSED
THE
PUBLIC
HEARING.
MOTION
SECOND AYES
steiner Spurgeon
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved
to deny the appeal without prejudice, the appeal contains substantial
modifications from the application for conditional use permit
before the Planning Commission, and therefore fails to conform to
orange Municipal Code Section 17.92.120. Also, to waive resubmission
of modified application, and there be a waiver of any time
period of the application. The ~lanning Commission to be appraised
of this issue by the City Clerk. A physical inspection of the
building is to be made for a correct determination.Page
14
322
COUNCIL MINUTES JANUARY 8, 1991
12.PUBLIC HEARINGS (Continued)
TAPE 5406
C3300.0)
12.2 CONDITIONAL USE PERMIT 1881-90. BOONCHOO &
SENGDAO
VONGRUKSUKDI:Time set for a public hearing on petition by Boonchoo &
Sengdao Vongruksukdi to consider Conditional Use Permit 1881-90
to construct an accessory second unit in the R-1-6 zone,
on property located at the southwest corner of Walnut Avenue and
the Walnut Avenue/Newport Freeway overcrossing, (
2234 E.Walnut Avenue.)NOTE: This project is categorically exempt
from the provisions of the California Environmental Quality Act (
CEQA) per State
CEQA Guidelines, section 15303.MAYOR BEYER
OPENED THE PUBLIC HEARING.The Manager of Community Services reported
the applicant is proposing to construct a detached one bedroom, single
story unit, which is separated from the existing home by
approximately eight feet. The proposed unit is consistent with all
of the R-1-6 development standards and the
development standards for accessory second units.It is
also consistent with the General Plan.The Planning commission recommended
approval of the project, with
the inclusion of some seven conditions.Councilwoman Coontz
expressed concern regarding past problems with overwatering of a slope
that is next to the project.The Director of Community Development
commented this lot is on the eastern portion of the tract east of
the freeway. This unit backs up to the portion of the overcrossing
which is closest to the natural grade. There is not
a substantial slope behind the unit.Note: The applicant
was present, but did not speak.THERE BEING NO SPEAKERS,
MAYOR BEYER CLOSED
THE PUBLIC HEARING.
MOTION - Coontz SECOND - Barrera AYES - Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon Moved to approve conditional
Use Permit 1881-90 Planning
Commission Resolution No.
PC-91-
90.as
outlined in TAPE 5932 T4000.0)12.3 TENTATIVE TRACT MAP
13984. CONDITIONAL USE PERMIT'1884-90.
AND AN ADMINISTRATIVE ADJUSTMENT 90-20. SOUTHRIDGE DEVELOPMENT:Time set for
a public hearing on petition by Southridge Development to consider Tentative
Tract Map 13984 to allow subdivision of the site into
seventy single family parcels, a Conditional Use Permit 1884-90 to allow creation
of a lot without direct access to a public street,
and an Administrative Adjustment 90-20 to allow creation of
nine lots located around cul-de-
sacs or
323
COUNCIL MINUTES JANUARY 8, 1991
12. PUBLIC HEARINGS (Continued)
Subject property is designated lot "D" of the southridge Planned
Community District, and is located north of the extension of Via
Escola midway between Meats Avenue and Loma Street.
NOTE: Environment Impact Report (EIR 854) was previously prepared
and certified for Southridge Planned Community Development. The
proposals are consistent with the approved plans, therefore,
additional environmental review is not required.
MAYOR BEYER OPENED THE PUBLIC HEARING.
The Manager of Community Development described the project with the
use of wall exhibits. The applicant is proposing to develop a single
family tract in the duplex area, and is underbuilding the property,
because the duplex construction is no longer feasible. The code
allows the underbuilding of the property.
Staff conditions required, if this project is adopted as single
family, the developer cannot come back later and build duplexes, it
has to be a single family tract.
This project has been recommended for approval by the Planning
commission.
Speaking in favor:
Bob Mickelson, 328 N. Glassell, representing the applicant, commented
they agree with all conditions by staff and the Planning Commission.
There is not a ridge where this tract is located, it is basically a
plateau. The northern edge is visible from Anaheim, and
representatives from the area are happy with the prospect of the
single family detached as opposed to having duplexes. Mr. Mickelson
met with the Belmont Estate Homeowners Association which has given
their support. There is no developer agreement for this project, and
has been mass graded. This project was before the contoured grading
standards was approved by Council.
Council asked if homes were to be situated on the ridge, and
expressed concern that no elevations or conceptual drawings were
submitted with this application.
The Director of Community Development explained it is a natural
plateau, and the homes are on the top of the hill.
THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC
HEARING.
MOTION - Barrera SECOND -
Coontz AYES - Steiner,
Barrera, Coontz, Spurgeon NOES - Mayor Beyer
Moved to approve Tentative
Tract Map 13984 as outlined in Planning Commission Resolution No. PC-
89-90.Page 16
324
COUNCIL MINUTES JANUARY 8, 1991
12. PUBLIC HEARINGS (Continued)
MOTION - Barrera SECOND -
Coontz AYES - steiner,
Barrera, Coontz, spurgeon NOES - Mayor Beyer
Moved to approve Conditional
Use Permit 1884-90 and Administrative Adjustment 90-20
as outlined in Planning Commission Resolution NO.PC-90-
90.
Councilwoman Coontz expressed the following concerns: 1) that a plan
illustrating the overall appearance of the tract as it would be seen
from the north and south be provided to Council for review, and 2)
that the project conform to the Hillside Development Standards.
MINUTE ORDER - MAYOR BEYER: "I have some concerns about ridges,still,
and I don't think I got a good reading. Maybe because I'm not an
architect of what the situation is up there, so that's why I had a no
vote."13.
PLANNING AND ENVIRONMENT - None 14. REPORTS
FROM COUNCILMEMBERS - None 15. ORAL PRESENTATIONS -
None ADJOURNMENT MOTION - Mayor Beyer
SECOND -
Barrera AYES - steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon Moved to adjourn at 8:45 P.
M. to an Executive Session, January 15,1991 at 7:30 A.M. in
the Weimer Room to discuss Personnel matters;and a Study Session on Civic Center
Short Term Space Plans on Tuesday, January 15, 1991 at 2:00
P.M. in the Weimer Room.hLlMA~~ iJc- ~~MARILYN J. J SEN, C"
CI YCLERPage17