04-09-1991 Council Minutes424.
APPROVED BY CITY COUNCIL ON APRIL 16,
CITY COUNCIL MINUTES
OF A REGULAR MEETING
1991-
ORANGE, CALIFORNIA
APRIL 9, 1991
The City Council of the City of orange, California convened this
9th day of April, 1991 at 3:00 p.m. in the Council Chambers, 300 E.
Chapman Avenue. Oranae. California.
NOTE: The City Council met in Executive Session at 8:40 p.m. on
March 26, 1991 to discuss Personnel Matters pursuant to Government
Code section 54947. No action was taken.
1. OPENING
1.1 PLEDGE ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - steiner, Barrera, Mayor Beyer, coontz, Spurgeon ABSENT -
None NOTE: Councilman
steiner was absent from the 7:00 p.m.session.1.
3
APPROVAL OF MINUTES Regular Meeting -
March 19, 1991 MOTION - Barrera SECOND -
Coontz AYES - steiner,
Barrera, Mayor Beyer,
coontz, Spurgeon ACTION: Approved.Regular Meeting - March 26,
1991 MOTION
SECOND AYES Coontz Barrera steiner,Barrera,
Mayor
Beyer,
Coontz,
Spurgeon ACTION:
Approved.1.
4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS a. The Director
of Community
Services introduced Pamela Strain, newly-
hired Recreation Supervisor, Community Services.1.5 PROCLAMATIONS:
a. Proclamation honoring "Public Schools
Month -
April 1991"was
presented to Ralph Shelton, on behalf of the Orange
Masonic Lodge.b. Proclamation honoring "National Weight Loss Month - April
1991" was
presented to Joanne Watanabe.Page 1
425
CITY COUNCIL MINUTES APRIL 9, 1991
2.CONSENT CALENDAR TAPE 290
2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting
of City Council Agenda of a regular meeting of April 9, 1991,
at Orange civic Center, Main Library, New Police Facility at
1107 N. Batavia and the Eisenhower Park Bulletin Board; all of
said locations being in the City of Orange and freely
accessible to members of the public at least 72 hours before
commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized
its retention as a public record in the Office of the City
Clerk.
2.2 Authorize Mayor and Director of Finance to draw warrants on
City Treasurer in payment of demands.
ACTION: Approved payment.
2.3 Approve authorization of agreement with Sierra Cybernetics,
Brea, to furnish and deliver an Automated Records Management
and Imaging System in the amount of $263,168.67.
Funding Nos: 500-
0401-
781302-
9002
500-
0401-729400-9002 500-0401-
485100-9002 920-9811-781302-9002 924-9811-485100-
9002 930-9821-485100-9002 (
A2100.0 A.1779)
ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the
City.REMOVED AND HEARD SEPARATELY)2.4 Award
Bid #901-40 for the installation of Street Name
Signs in conjunction with the Street Name Sign Replacement Program throughout
the City of Orange to Orange County Striping Service, Inc. and
reject all other bids. Contract total
is in the amount of $49,595.00. (
Continued from 3/26/91.)Funding No: 250-5032-727100-6459 - $
24,000 250-5032-427100-6459 - $25,595 (A2100.0 A.
1761)Council asked for an update on the Street Sign
Program. The City Traffic Engineer reported the City is in
the fourth year of a five year replacement program. This bid is for
installation of 1,000 signs which have already been purchased by the
City and will be going up immediately after the award of this
bid. Council
asked
42 (,
CITY COUNCIL MINUTES APRIL 9, 1991
2. CONSENT CALENDAR (Continued1
MOTION - Spurgeon SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer, Coontz, spurgeon ACTION: Approved.2.
5 Award
Bid #901-44 for the construction of a raised median on Alpine Rd/
Bedford Rd/ Crest Rd/Devon Rd, and Flower st. at La Veta Ave -
S.P. 2980 in the City of Orange to Damon Construction Co. in
the amount of $31,338.00 and reject all other bids. (Continued
from 3/26/91)Funding: Account No.
550-5032-785100-6301 (A2100.0 A.1762)
ACTION: Approved.
2.6 Request authorization for the Fire Department to implement a
revised weed abatement process. (Continued from 3/26/91).
C2500.M.2)
ACTION: Approved.
2.7 Request Council award Bid No. 901-38 to Vernon Paving
Company,for street reconstruction on Glassell Street from
Katella Avenue to Taft Avenue, in the amount of $227,136.
60.Funding: Account No.
550-
5011-483300-4007 930-9821-483300-4007 Continued from 3/26/91.)
28 bids were sent out, with the
following 10 responding: (
A2100.0 A.1774)
Vernon Paving Company
R. J.
Noble Company Sully
Miller Contracting Hillcrest
Contracting All American
Asphalt Excel Paving
Co.Gentry
Brothers, Inc.Excalibur
Contracting, Inc.Griffith
Co.Ruiz Engineering
Co.227,136.
60 244,681.
06 246,120.
36 254,425.
54 255,956.
80 266,945.
48 277,730.
00 282,796.
52 299,391.30 303,923.72 ACTION: Bid No. 901-
38 was awarded to low bidder Vernon paving company in the amount
of $
227,136.60; all other bids were rejected.2.8 Report to
Council on progress of Orange Homes Dirt Haul.Continued from
3/26/91) (T4000.0
Tract No.
Ll
CITY COUNCIL MINUTES APRIL 9, 1991
2. CONSENT CALENDAR (Continued)
2.9 Approve Contract Amendment #3 with Davis/Olsen corporation for
Space Planning associated with the Bayview Project at a cost of
1,800.00 from Unappropriated General Fund Reserves to Account
100-0201-481200-9808. (continued from 3/26/
91) (A2100.0
A.1600,3)ACTION: Authorized Mayor and City Clerk to
execute on behalf
of the City.2.10 Request the City Council approve and execute
the Joint Powers Agreement on the Central Orange County
Fixed Guideway Project.A2100.
0 A.1780)ACTION: Authorized Mayor and city Clerk to
execute on behalf
of the city.REMOVED
AND HEARD SEPARATELY)2.11 Request transfer of $15,072.00 from
unappropriated Water Fund Reserves to Account #600-8031-
426700 for new State Health
Department Annual Fee. (C2500.P)Councilman Steiner commented that
this was another situation in which costs are being imposed upon
cities by state or county government entities that are unanticipated
and not part of the budgeting process. When you add up
the jail booking fees which have now been imposed upon
the cities, the property tax collection fee, and the
master property tax agreement the county is trying to change,
the impact amounts to several million dollars upon the city of Orange.
It seems to be a growing trend to shift the fiscal
burden of shortfalls of state and
county government to
the cities.MOTION -
Steiner SECOND - Barrera AYES - steiner, Barrera, Mayor Beyer,
Coontz, spurgeon
ACTION:
Approved.NOTE MOTION -
Coontz SECOND - Barrera
AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved
to agendize the Water Conservation Policy.2.
12 Execute Cooperative Agreement No. 090-288 - Resurfacing of Various
City/County Streets - Resurfacing Yorba Street -Fairhaven to LaVeta.
Contract not to exceed $71,100.00.Funding No. 260-
5021-483300-3112. (A2100.0 A.1636.B)
ACTION: Authorized Mayor and City Clerk to execute agreement
on behalf of the city.
Page 4
428
CITY COUNCIL MINUTES APRIL 9, 1991
2. CONSENT CALENDAR (Continued1
2.13 CLAIM FOR DAMAGES:
T. J. Clark for an alleged incident occurring on or about
December 11, 1990.
ACTION: Denied claim and referred to City Attorney and
Adjuster.
REMOVED AND HEARD SEPARATELY)
2.14 Authorize an appropriation
Attorney's budget, Account
legal services.
of $175,000.00 to the City
100-0301-426100
for miscellaneous councilman spurgeon indicated he was abstaining from
this vote,since a portion of these funds would be used for the
lawsuit of the city of orange vs. Don Greek, which action
was instituted before his appointment
to Council.MOTION - Mayor
Beyer SECOND - Barrera
AYES - Steiner, Barrera, Mayor Beyer, Coontz ABSTAINED -
Spurgeon Moved to
continue this item to April 16, 1991.2.15
Request authorization to transfer $20,000 from unappropriated Water Capital
Fund Reserves to Account 601-8061-784101-8114
for completion of Well #22. (C2500.P.
3)ACTION:
Approved.2.16 Request approval for appropriation of funds in the amount
of 1,160.00 from Unappropriated Reserves to
Account 150-0201-424101, to tent Headstart
Building for Termite infestation. (
P2500.0.
1)ACTION: Approved.MOTION -
Mayor Beyer SECOND -
Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon
Items 2.4, 2.11 and 2.14 were removed and heard separately. All
other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
Page 5
429
CITY COUNCIL MINUTES APRIL 9, 1991
3. REPORTS FROM MAYOR BEYER
Mayor Beyer asked to have agendized for April 16th the renaming of
the pOlice facility to the Chief Michael D. Parker Police Facility.
Dedication ceremonies to be held in May, with that day to be
proclaimed Michael D. Parker Day in the City of Orange.
4.REPORTS FROM COUNCILMEMBERS TAPE 802
4.1 Request from Mavor Bever and Councilman steiner to approve an
expenditure of $3.000.00 from the Advertisinq and Promotion budqet
for the Chamber of Commerce to supoort the Oranqe citizen of the Year
award. (C2100.0)
Councilman steiner reported they are requesting this money to give a
monetary award, along with the honor. They feel this will encourage
a larger number of nominees. The organization that nominates the
winning candidate should receive this award. If an individual
nominates the winning candidate, the award would be made in his or
her behalf to their selected charity.
The Committee has simplified the application process to encourage
more nominees. They have solicited nominations from non-
profit organizations, service clubs and organizations. The Chamber
of Commerce has been encouraged to increase this amount to $5,000.00
to have a runner-up award for the top 4 that are not
selected as citizens of the Year. Council recommended that more publicity
go out on
the
award.
MOTION
SECOND AYES
steiner Coontz
Steiner,Barrera, Mayor Beyer, Coontz, Spurgeon Moved
to approve the expenditure of $3,000.00 from the Advertising and
Promotion budget to support the Orange citizen of the Year award.5.
REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS TAPE 945 5.
1 Request by Oranqe Housinq Development Corporation for approval of
terms for the Board of Directors. (Continued from 1/15/91 and 3/
26/91.) (C2500.G.1)MOTION -
Mayor Beyer SECOND - Barrera
AYES - Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to approve the
terms for the Board of Directors of Orange Housing Development Corporation.Page
6 T--.
4 3 0 CITY COUNCIL MINUTES APRIL 9, 1991
5. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued1
5.2 Reappointment of the followinq to the Parks. Recreation and
Cultural Arts Advisory Commission. terms to expire January 31. 1993:
Joe Lea and Robert Pomeroy. (Continued from 3/26/91.)
MOTION - Spurgeon SECOND.-
Barrera AYES - Steiner,
Barrera, Coontz, Spurgeon NOES - Mayor Beyer
Moved to remove this
item from the agenda for discussion in Executive Session.Council would like
a
recap of the duties or objectives of the various commissions or committees and
how often they meet. Council also wants to know how
long an individual has served on a particular committee.MINUTE ORDER MAYOR
BEYER: "
l don't know whether we are talking about both individuals or one,
but I would need clarification to vote for that. II 5.3
Reappointment of
the followinq to the Ainsworth Historical House Advisory Commission. terms
to expire Januarv 31. 1993:Aileen Angel, Joan Austin,
Ruth Evans, Helen Miles and Bill Utter. (Continued from 3/
26/91.)MOTION SECOND AYES NOES
Coontz
Barrera
Steiner,
Barrera,
Mayor Beyer
Coontz, Spurgeon
Moved to remove
this item from
the agenda.
5.4 Reappointment of the followinq to the
Demolition Implementation Committee. terms to expire Januarv 31. 1993: (OR1800.
0.69)Gloria Boice, Randy Bosch, Alice Clark, Tita Smith,
Helen Walker and Erika Wolfe. (Continued from 3/26/
91.)MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon
Moved to confirm
the above reappointments to the Demolition Implementation Committee.
Page 7 I
4.H
CITY COUNCIL MINUTES APRIL 9, 1991
5. REPORTS FROM BOARDS. COMMITTEES & COMMISSIONS (Continued1
5.5 Reappointment of the followinq to the Official citv Old Towne
Steerinq Committee. terms to expire Januarv 31. 1993: (OR1800.0.16)
Margo Andrews, Russell Barrios, Gloria Boice, Randy Bosch, Don
Caskey, Alice Clark, Kenneth Claypool, Carroll Johnson, Fred
Krebs, Charles Miles, Jim Miller, Dale Rahn, Corinne Schreck,
Don smith and Gus Theissen. (Continued from 3/26/91.)
MOTION
SECOND
AYES
Spurgeon steiner
steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to confirm
the above reappointments to the Official City Old Towne Steering Committee.
5.6 Reappointment
of the followinq to the Official citv Old Towne Parkinq Steerinq Committee.
terms to expire Januarv 31. 1993:Don Caskey, Bill
Cathcart, Dick Gould, Carroll Johnson, and Bill utter. (Continued
from 3/26/91.) (OR1800.0.16.3)Council questioned whether
this committee would just be concerned with the present
parking structure proposal, or other parking issues as well. The
Mayor indicated the committee is to deal only with the parking structure on
Orange Street.MOTION - Coontz SECOND -
steiner AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon Moved to confirm the above reappointments
to the Official City Old Towne Parking Steering Committee.5.7
Reappointment of the followinq
to the Business & Industry Beautification Awards Proqram Committee. terms to
expire January 31.1993: (OR1800.0.8.6)Lisa
Blanc, Elsa Blazavic, Louise Dunseath,
Wendell Taylor Handy, Dennis Johnson, Tito Parola, and
Dan Slater. (Continued from 3/26/91.)MOTION - Barrera
SECOND - Spurgeon AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon Moved
to confirm the above reappointments to the Business &
Industry Beautification Awards Program Committee.Page 8 T
432
CITY COUNCIL MINUTES APRIL 9, 1991
5. BOARDS. COMMITTEES AND COMMISSIONS (Continued1
5.8 Reappointment of the followinq to the East Chapman Improvement
Committee. terms to expire Januarv 31. 1993: (OR1800.0.8.8)
Sylvia Caigoy, Chris Griffith, Jessie Ledesma, Ray Lozano,
Salvador Martinez, Nora Razo, Tom Saenz, Bob Torres, Caroline
Torres, and James Whitaker. (Continued from 3/26/91.)
MOTION - Spurgeon SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer, Coontz, spurgeon Moved the confirm
the aforementioned reappointments to the East Chapman Improvement Committee.
5.9 Reappointment
of Rov O. Moss. Jr. to the East Oranqe Implementation Committee. term
to expire January 31. 1993.Continued from 3/
26/91.)MOTION - Spurgeon SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer,
coontz, Spurgeon Moved to remove this item from
the agenda and continue to a later date.5.10 Reappointment of the
followinq
to the Oranqe Park Acres Planninq Committee. terms to expire Januarv
31. 1993:Mara Brandman, George Rach, Scott Richmond,
Richard Siebert and Bob Walters. (Continued from 3/26/
91.) (OR1800.0.26.1)MOTION - Coontz SECOND - Spurgeon AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon Moved
to confirm the above reappointments to the Orange
Park Acres Planning Committee.5.11 Reappointment of Huqh Davenport to
the Street
Name Committee.term to expire Januarv 31. 1993. (Continued from 3/
26/91.)OR1800.0.8.2)MOTION - Barrera SECOND - steiner AYES -
Steiner, Barrera, Mayor Beyer,
Coontz, Spurgeon Moved
to confirm the
above reappointment to the Street Name Committee.Page
9 I
433
CITY COUNCIL MINUTES
5. BOARDS. COMMITTEES AND COMMISSIONS (Continued1
APRIL 9, 1991
5.12 Reappointment of the followinq to the Affirmative Action
Monitorina and Review Committee. terms to expire Januarv 31. 1993:
Hugh Davenport, Jim Salazar, and Allan Ghidella.
Continued from 3/19/91 and 3/26/91.) (OR1800.0.22.1)
Appointment of Police Captain Gene Hernandez, replacing Lorraine
Schade, term to expire January 31, 1993.
Council questioned whether having Mr. Davenport on the Street Name
Committee and Affirmative Action is a conflict with previously
established policy. The City Clerk indicated these are both ad hoc
committees, so there is no conflict.
MOTION
SECOND
AYES
Barrera steiner
Steiner,Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to ratify
the above appointment and reappointments to the Affirmative Action Monitoring
and Review Committee.5.13 The
formation of the Zoninq Ordinance Update steerinq Committee with members as
follows: (Continued from 3/19/91 and 3/26/91)Randy Bosch - Planning
Commission Representative Mayor Gene Beyer - Council
Representative. (OR1800.0.27.10)MOTION - Barrera SECOND - Spurgeon AYES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon
Moved to approve the formation of the Zoning
Ordinance Update Steering Committee, with members as listed above.5.
14 Appointment of Richard Ledesma to the
Community Development Block Grant Proqram Committee. term to expire Januarv
31. 1993.OR1800.0.8.3)Councilman steiner reported Mr.
Ledesma is a native
of Orange,currently employed as a Cost Analyst. He has
a Bachelor of Science degree in Business Administration from San Jose State
University and has demonstrated a special interest in the needs
of the community through his involvement in the juvenile social service
organization,as a member of the Orange County VIDA.
He would make a very significant contribution to this committee.MOTION - Barrera SECOND -
steiner AYES - Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon
Moved to confirm
the above appointment to the Community Block Grant
Program Committee.Page 10 T
434
CITY COUNCIL MINUTES APRIL 9, 1991
5. BOARDS. COMMITTEES AND COMMISSIONS (Continued1
5.15 Reappointment of the followina to the Headstart Board of
Trustees. term to expire January 31. 1993:
Rudy Estrada and Stella Ruiz.
MOTION - Barrera SECOND.-
Coontz AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon Moved to continue
this item.5.16 The
Council recommends that the Ridaeline Golf Course Ad Hoc Committee be disbanded. (
OR1800.0.75.1)MOTION - Barrera SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, spurgeon Moved to disband the Ridgeline Golf
Course Ad Hoc Committee.5.17 Reappointment of the followinq
to the Desian Review Board.terms to expire April 1. 1994:
Robert Hornacek and Erika Wolfe.MOTION -
Coontz SECOND - Spurgeon AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon Moved
to continue this item.6.ADMINISTRATIVE REPORTS TAPE
1375 6.1 Status report
on Hazardous Waste Manaqement (Tanner1
Leaislation Implementation. (A2500.0 Hazardous Materials)The Director of
Advance Planning reported there were several
questions asked at the March 26th Council meeting on
a specific property in the industrial area as well as general
issues of Hazardous Waste Management under the 1988 Tanner legislation. Staff
has prepared a response to Mrs. Barke on the
specifics of the Lea Ronal, Inc. industrial use and has also provided the
Council with a brief report regarding implementation of the Tanner legislation.The
Lea Ronal business moved into Orange in approximately
December,1983 and began their metals processing business in the
industrial area. In 1986, they began to process other peoples'
hazardous waste materials. The use was inspected and permitted by our
Fire Department at that time, from 1986 to 1988. In
1988, the Tanner legislation was adopted by the State Legislature.Page 11
435
CITY COUNCIL MINUTES APRIL 9, 1991
6. ADMINISTRATIVE REPORTS (Continued1
coincidentally, about that time, the State Dept. of Health Services
found out about the activities at the Lea Ronal site and determined
they needed a permit through the Dept. of Health Services to continue
their extended processing. They terminated the hazardous waste
processing at that time and are seeking a permit through the State
Dept. of Health Services. A public hearing was held on March 7
regarding the permit from Lea Ronal. Comments were made at that
hearing by two of the adjacent industrial users regarding concerns
about the processing on-
site.Planning Staff has reviewed the circumstances surrounding the use
of the property along with the Fire Dept. and the city Attorney'
s office, and found that the City does not have justification
for requiring a Land Use Permit in this case. The use existed
from 1986-88 and was permitted by the city with the
appropriate safeguards through the Fire Dept. A new use of a similar nature at
a new facility might require a land
use permit.Council feels this issue should be acted upon immediately
to avoid future problems. The Legal Counsel reported the model
ordinance has been reviewed. There are some procedural problems
and certain portions would have to be amended. The other option
of the Conditional Use Permit allows each case to be
reviewed individually and conditions can be custom drafted for each situation. It
was felt this would be a better interim solution. This item is
to be agendized for April 23rd Council meeting, 3:00 p.
m. session.Stephen Drilling, business address 756 N. Hariton,
spoke in opposition to the use by Lea Ronal, Inc. His business is in
the area occupied by Lea Ronal, Inc. Their employees have been ill
and the long term effects of breathing the gas are not known.
A business that has relocated, but was formerly located at 804 W.
Collins Ave.,had the same problem with employees becoming ill, but was
never aware of the cause. The Fire Prevention Chief indicated they
would conduct an investigation and report back to Council within two
weeks; they were not aware of
the problem.MOTION -
Coontz SECOND - Beyer
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved
that the Council direct Staff to immediately initiate an emergency
ordinance requiring a Conditional Use Permit for any hazardous
waste treatment and/or storage facilities, as recommended by
Staff, and to prepare a comprehensive, permanent ordinance reflecting
the Tanner legislation requirements, based upon the model ordinance
developed as part of the county-wide Hazardous Waste
Management Plan.
Page 12
436
CITY COUNCIL MINUTES APRIL 9, 1991
7. REPORTS FROM CITY MANAGER - None 8.
LEGAL AFFAIRS TAPE 1975 8.
1 RESOLUTION NO. 7775 A
Resolution of the City Council of the City of Orange affirming a POlicy
of Nondiscrimination in Housing in accordance with regulations published
in the united States Federal Register and applicable State laws. '(
Continued from 3/26/91.) (LllOO.O)MOTION
SECOND
AYES
Coontz
Spurgeon Steiner,
Barrera, Mayor
Beyer, Coontz, Spurgeon That Resolution No. 7775
as introduced be adopted and same was passed and adopted by the
preceding vote.8.2 RESOLUTION NO.
7776 A Resolution of the
city Council of the city of orange approving the reclassification of one Library
Manager position at Range 457 3484-$4468) to the
classification of Senior Library Manager at Range 487 ($4047-$5189)
and further directing Staff to amend the position control system and
the department's budget to reflect these changes. (Continued from 3/
26/91) (C2500.I)MOTION SECOND AYES Coontz
steiner
steiner,
Barrera,
Mayor Beyer,
Coontz, Spurgeon
That Resolution No. 7776 as introduced be
adopted and same was passed and adopted by the preceding vote.8.
3 RESOLUTION NO. 7777 A Resolution
of the City Council of
the city of Orange approving the reclassification of one Finance Clerk position at
Range 309 1655-$2136) to the classification of Senior
Finance Clerk at Range 329 ($1840-$2360) and further directing Staff
to amend the position control system and the department's budget
to reflect these changes.Continued from 3/26/91.) (C2500.J.
1)MOTION - Spurgeon SECOND - Coontz AYES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon That Resolution
No. 7777 as introduced be adopted and same
was passed and adopted by the preceding vote.Page 13
437
CITY COUNCIL MINUTES APRIL 9, 1991
8. LEGAL AFFAIRS (Continued1
8.4 RESOLUTION NO. 7778
A Resolution of the City Council of the City of orange approving the
reclassification of one Planning Aide position at Range 368
2235-$2866) to the classification of Assistant Planner at Range 398
2596-$3329) and further directing Staff to amend the position
control system and the department's budget to reflect these changes.
Continued from 3/26/91.) (C2500.G)
MOTION
SECOND
AYES
Coontz steiner
steiner,Barrera,
Mayor Beyer, Coontz, Spurgeon That Resolution No.
7778 as introduced be adopted and same was passed and adopted by
the preceding vote.8.5 RESOLUTION
NO. 7779 A Resolution of
the City Council of the City of Orange approving Lot Line Adjustment LL
91-2 adjusting a Lot Line of certain Real Property situated between
Palm and Sycamore Avenues on the west side of Center Street. Owner:
Chapman College. (Continued from 3/26/91)C2500 .M.
16 .1)MOTION - Mayor
Beyer SECOND - Barrera AYES -
Steiner, Barrera, Mayor
Beyer, Coontz, spurgeon That Resolution No. 7779 as
introduced be adopted and same was passed and adopted by the preceding
vote.M. J. Martini, 638 E.
Walnut, mentioned this was the future location of the Student Center for
Chapman College, at the corner of Sycamore and Center. He asked that
any action on the site plan approval be reported to Mrs. Walters, as
agreed in the past.8.6 RESOLUTION NO. 7780
A Resolution of the City
Council of the City of Orange expressing appreciation to Janet Gonzalez, Joe
Nieblas, and Gary "Ske"Olschewske for donating to the
City of Orange a Welcome Home Banner honoring the men and women
who served in the Persian Gulf War.Continued from 3/26/91) (
R2000.0)MOTION SECOND AYES Barrera Coontz
Steiner,
Barrera,
Mayor
Beyer, Coontz,
Spurgeon That
Resolution No. 7780 as introduced be adopted
and same was passed and adopted by the preceding vote.Page 14
r'
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CITY COUNCIL MINUTES APRIL 9, 1991
8. LEGAL AFFAIRS (Continued)
8.7 ORDINANCE NO. 8-91 (FIRST
READING)An Ordinance of the City Council of the city of orange permitting
the creation of easements by the recordation of a Covenant of
Easement pursuant to sections 65870 through 65875 of the California
Government Code. (Continued from 3/26/91). (A2500.0
Easements)Legal Counsel reported this ordinance relates to a statute
recently adopted in the State of California allowing cities to provide
for access easements across property under common ownership
by Declaration of
Covenant.MOTION - Mayor Beyer
SECOND - Barrera AYES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance
No. 8-91 have first reading waived and same was set for
second reading by the preceding vote.8.
8 ORDINANCE NO. 9-91 (FIRST READING)
An Ordinance of the City Council of the city of Orange
titles of certain City officers and employees who are
file Disclosure Statements. (Continued from 3/26/91)
Disclosure Statements).
revising the
required to
A2500.0
MOTION
SECOND
AYES
Barrera Mayor
Beyer Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon That Ordinance No.
9-91 have first reading waived and same was set for second
reading by the preceding vote.8.9
RESOLUTION NO. 7781 A Resolution
of the City Council of the City of Orange authorizing the Mayor
to execute a service agreement for the State of California to perform
materials testing for the rehabilitation of Katella Avenue between Cambridge
Street and 400' west of Tustin Street. (A2100.0 A.l781)
MOTION - Coontz
SECOND - Spurgeon AYES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon That Resolution No. 7781 as
introduced be adopted and same was passed and adopted by the preceding
vote.Page 15 r-
439
CITY COUNCIL MINUTES APRIL 9, 1991
8. LEGAL AFFAIRS (Continued1
8.10 RESOLUTION NO. 7782
A Resolution of the City Council of the City of Orange expressing
appreciation to the Emergency Dispatchers of the Fire and Police
Departments and dedicating the week of April 14 - 20, 1991 as TELECOMMUNICATORS
WEEK". (C2500.H)MOTION -
Barrera SECOND - Spurgeon
AYES - Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon That Resolution No. 7782
as introduced be adopted and same was passed and adopted by the
preceding vote.8.11 RESOLUTION NO.
7783 A Resolution of the
City Council of the City of Orange, agreeing to a Redistribution of property taxes
for Annexation No. 398. (A3100.0 No. 398)Council requested
the location
of the property; the Annexation Coordinator reported it is
a single lot on Amapola, easterly of Orange Park. Individual annexations
were to be heard based upon their individual merit; this
annexation more than pays its way since the property taxes are
in excess of $10,000 for one year. Council would like the location
of the proposed annexation noted on the agenda in the future.
MOTION - Barrera SECOND - Mayor
Beyer AYES - Steiner,
Barrera, Mayor Beyer, Coontz,
Spurgeon That Resolution No. 7783 as introduced be
adopted and same was passed and adopted by the preceding vote.8.
12 RESOLUTION NO. 7784 A Resolution
of the City Council of
the City of Orange, ordering the Annexation of inhabited territory known as Annexation
No. 389 to the city of Orange. (A3100.0 No. 389)
The Annexation Coordinator reported this is a
single parcel in the Orange-Olive area.MOTION - Mayor Beyer SECOND -
Barrera AYES -
Steiner, Barrera, Mayor Beyer,
Coontz, Spurgeon That
Resolution No. 7784 as introduced be adopted and
same was passed and adopted by the preceding vote.Page 16 I
440
CITY COUNCIL MINUTES APRIL 9, 1991
8. LEGAL AFFAIRS (Continued)
8.13 RESOLUTION NO. 7785
A Resolution of the City Council of the City of orange, ordering the
Annexation of inhabited territory known as Annexation No. 390 to the
City of Orange. (A3100.0 No. 390)
The Annexation Coordinator indicated this property is located at the
northeasterly corner of Bond and Hewes Avenue, four small residential
parcels.
MOTION
SECOND
AYES
Barrera Beyer
Steiner,Barrera,
Mayor Beyer, Coontz, Spurgeon That Resolution No.
7785 as introduced be adopted and same was passed and adopted by
the preceding vote.9. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.ORAL PRESENTATIONS
TAPE 2726 Bob Bennyhoff, 10642
Morada Drive, reported to Council that Bob Jensen announced he
was going to Contra Costa community college and leaving Rancho Santiago.
He will be especially missed in East Orange with the Orange
campus developing there. He has been helpful,gracious and knowledgeable.
THE CITY COUNCIL
RECESSED AT 4:35 P.M. AND RECONVENED AT 7:00 P.M.MOTION - Barrera SECOND -
Mayor Beyer AYES -
Steiner, Barrera, Mayor Beyer,
Coontz, Spurgeon Moved to recess at 4:35
p.m to an Executive Session of the Orange Redevelopment Agency.Page 17 T- ---.'
441
CITY COUNCIL MINUTES APRIL 9, 1991
7:00 P.M. SESSION
11. INVOCATION - Furman Roberts, Former city Attorney.11.
1 PLEDGE ALLEGIANCE TO THE FLAG 11.
2 ANNOUNCEMENTS - Mayor Beyer announced that Councilman steiner would not
be present this evening because he was presenting an award on combatting
child abuse.11.3
INTRODUCTIONS - None 11.4 PROCLAMATIONS -
None 11.5 PRESENTATIONS - None
12. PUBLIC HEARINGS 12.1
REVOCATION OF CONDITIONAL
USE PERMIT 1795-89. TONY'S UNOCAL 76 GAS STATION: TAPE 2885 (
C3300.0 No. 1795-89)Time set for
a public hearing on petition by the City of orange to consider revocation of
Conditional Use Permit 1795-89 for failing to implement conditions
of approval concerning the use of a modular building as
an office addition for an automotive service station.The property
is located on the south side of La Veta Avenue between Crest and
Bedford Roads in the C-1 (Limited Business) District (1650 W.
La Veta Avenue).The
Director of Planning reported the Applicant applied to the Zoning Administrator
for a permit to place a modular buildng on his property to
be used as an office. The building was originally placed there in 1989.
The Applicant was notifed by the city Code Enforcement staff that
a permit would be required. The Applicant applied for and received
approval in November, 1989 from the Zoning Administrator to place
the modular building on the property, subject to 8 conditions of
approval. The structure is currently on the property and since the
time of its original approval, none of the conditions have been complied
with. In order to proceed with abatement of this use for failure
to comply with conditions, the first action is to revoke the Conditional
Use Permit.MAYOR
BEYER OPENED THE PUBLIC HEARING.The
following people spoke in opposition:Alyson
Suskie, 1650 W. La veta, denied they had not complied with any of
the conditions. They feel it is very unfair and unwarranted to expect
them to dedicate 10 feet of property in addition to an undetermined
amount of a cash payment in order to put an office on their
property. They offered to modify the structure by making it smaller,
if that would help to conform. They would like Council to reconsider
the regulations.Page
18 r
442
CITY COUNCIL MINUTES APRIL 9, 1991
12. PUBLIC HEARINGS (Continued)
Council asked if Applicant had agreed to the original conditions of
the permit. The Director of Planning indicated the Applicant agreed
to the conditions and could have appealed if he did not agree with
them. However, no appeal was filed. Council also asked for
verification on whether any of the conditions had been met, since the
Applicant disagreed on this. The Planning Director indicated that to
his knowledge, the Applicant has not complied with any of the
conditions, but he knows all have not been completed. If the
Applicant reduced the size of the building, the fees would be
reduced, but the majority of the conditions are not based upon size.
The application did not occur until the Applicant was told that this
was necessary; he was unaware of that requirement.
Richard Collender, 505 S. Main Street, suite 860, Attorney for the
Applicant, spoke in opposition to the revocation. He indicated the
Suskes had complied with the majority of the conditions. Mr. Suske
is in agreement with all of the conditions, except #7: dedication of
10 feet of the front of the property along La Veta, and making a
substantial financial contribution to the City. They feel that
forcing someone to give up their land and pay a substantial amount of
money to put up a small modular office is unreasonable and unfair, a
type of extortion.
Council questioned why the Applicant agreed to comply with 7 of the 8
conditions and yet this has not been done since November, 1989.
Council did not understand why the Applicant had not appealed.
Mr. Collender reported the Applicant is trying to sell the modular
unit, but has been unsuccessful. However, they would prefer to leave
the modular unit on the property. Mr. Suske cannot afford to give up
10 feet of his property. If Council will agree to drop condition #7,
the other conditions will be completed within 30 days. Moving the
unit off-site in order to sell it is very expensive, because it
will involve two moves and the Applicant would prefer not to do
that.The Director of Public Works indicated the orange Municipal
Code allows the City to request dedication of property to meet
the classification to which the property fronts, whenever there
is development or redevelopment. Council questioned when the City
would require the land along La Veta. The Director of Public
Works estimated the land would be needed within the next five
years.Councilman Barrera sympathized with his situation since he has
gone through the same thing, with the city taking part of his land in
a service
station.Council asked about alternatives to making the cash payment.
The Director of Public Works indicated other methods have been worked
out in the past with the City Attorney's office, although the City
would prefer the cash payment. The EIR is in the process, so Council
felt it was important to deal with the issue of the 10 feet of
land.Page
443
CITY COUNCIL MINUTES APRIL 9, 1991
12. PUBLIC HEARINGS (Continued)
Council suggested giving the Applicant more time to remove the
modular unit from the property. Mr. Collender felt the Applicant was
being unfairly treated and wanted the issue of land dedication dealt
with at a later date, as a separate issue. Council asked the
Director of Planning what the actual amount of the cash payment would
be, but these figures were not readily available. The Legal Counsel
indicated that the law has been this way for about 20 years and the
Applicant was not being treated any differently than anyone else.
Council offered the Applicant the choice of removing the modular unit
from the property or finding another alternative to the cash
payment. The Applicant did not want to choose either of these
options. However, the Applicant was amenable to meeting with the
city. Legal Counsel felt the Applicant has been in violation with
the Codes for a year and a half, with conditions that were agreed to
in November, 1989. Now they are coming back and trying to
renegotiate. The issue is whether to uphold the permit.
THERE BEING NO FURTHER COMMENTS, MAYOR BEYER CLOSED THE PUBLIC
HEARING.
MOTION - Barrera Moved
for a 30-day continuance to allow the Applicant to work out a
solution.
THE MOTION DIED FOR LACK OF SECOND.
MOTION - Coontz SECOND -
Spurgeon AYES - Barrera,
Mayor Beyer, Coontz, Spurgeon ABSENT - steiner Moved
to revoke Conditional
Use Permit 1795-89, giving the Applicant 30 days to
remove the structure.12.2 APPEAL
NO. 384. CONDITIONAL USE PERMIT 1889-91. STEWART BERKSHIRE: TAPE
5265 (A4000.0 No. 384)Time set
for a public hearing on petition by Stewart Berkshire to appeal the
decision of the Planning Commission on February 20, 1991 denying Conditional
Use Permit 1889-91 to grant a density bonus to allow
construction of three (3) additional apartments on a parcel containing
twelve (12) apartments. The property is zoned R-3-
A Residential, Multifamily, One Story Overlay) District, and
is located approximately 400 feet north of Washington Avenue at the
end of Park Lane (180 S. Park
Lane).NOTE: Negative Declaration 1364-91 has been prepared
for
this project.
Page
444
CITY COUNCIL MINUTES APRIL 9, 1991
12. PUBLIC HEARINGS (Continued)
REASON FOR APPEAL:
THE APPELLANT STATES THE FOLLOWING REASON FOR APPEAL:
I believe the Commission did not give proper weight to the State
mandate, which requires the City to encourage additional lower income
rental housing. The technical basis for their adverse decision was
habitability of the site. However, I have few vacancies in the
existing apartments, and the new units will be more desirable than
the existing ones."
Mayor Beyer reported a letter was received from Joseph DeCarlo on
April 2, 1991, in opposition to the project.
The Director of Planning reported the zoning and General Plan for the
property would allow a total of 13 units to be built on the site.
Currently, there are 12 units on the site. with the requested
density bonus, the Applicant is proposing to build a total of 15
units on the site. The Planning Commission was concerned, and the
Attorney's office provided an opinion regarding the applicability of
the state-required density bonus program to additions to
existing apartment buildings. Prior experience with density bonuses have
been with new projects. In this case, there is an existing
apartment building and the Applicant is asking to add more, that would
be affordable units. The Attorney's office felt that in this case,
the state law may not
apply.In reviewing the project, the Planning commission was very
concerned with the quality of the living environment. The proposed units
are tucked away in the very back corner of the pie-shaped
property. The concern was with noise from the freeway and its impact
on the proposed new dwelling units. Another concern was
availability of open space. Because of these concerns, the Applicant
did some redesign and brought it back to the Planning
commission. However,they were still of the opinion that this was not a
quality living environment and denied the project for the
following reasons:1. That the project would have a detrimental impact
on the neighbors by creating excessive parking demands and
increase
in traffic.2. That the project does not provide a quality
living environment,since the property is adversely affected by fumes
and noise from the adjacent freeway onramp, creating the
need for hermetically-sealed living units.
Furthermore, the project does not provide its tenants a continuous
and usable
outdoor recreation area.The Staff Report dated February 2, 1991, recommends
25 conditions of approval and also includes a condition #3 that details
a method of monitoring the low-income households,
should the density
bonus program
445
CITY COUNCIL MINUTES APRIL 9, 1991
12. PUBLIC HEARINGS (Continued)
Legal Counsel reported the issue presented in this case has never
been litigated in the State of California. It therefore hinges on an
interpretation of the statute itself. The State Density Bonus
Statute would require, not just permit, cities to approve 25% density
bonuses if the proposed project meets the conditions of the statute
and the statute is applicable.
In analyzing the statute, it was clear there were three possible
interpretations, one of which was rejected immediately, that the
policy favoring affordable housing is so strong it would overcome the
direct language of the statute itself, which refers to the
construction of a housing development and therefore anybody who wants
a density bonus under any circumstances would be so entitled. The
second interpretation would be that the word construct could be
construed to apply only to the new, affordable units, and therefore
an add-on project could be squeezed in under the statute. The
third interpretation is that the statute was intended to address
new housing developments and not add-ons to
existing apartment buildings. This interpretation appears to be the
most consistent with both the intent of the statute itself and the fact that
with any other interpretation, the city would not have the
entire project before it in order to plan and mitigate the impact of
the density.The overall result would be that if new units could be added
to old projects, instantaneously the City could be faced with a
25% increase in density in all existing apartment buildings, with
absolutely no control over how to mitigate the impact of increased
density. That did not appear to be consistent with legislative intent.
The city does not have its own density bonus ordinance
to address descretionary grants of density bonuses and would be
operating under a state statute that would
require it.MAYOR BEYER OPENED THE
PUBLIC HEARING.The following people spoke in favor of
the project:Stewart Berkshire, 1770 W. Balboa Blvd, Newport Beach,
addressed the Council to make the following points in favor of the project.
He has 12 tenants in that area now; these are long-term
tenants who find this to be a satisfactory and desirable place to live.
The units to be constructed are superior in habitability
to those currently existing. They will be better insulated, have
air conditioning, a barrier wall will be built between them and the
freeway approach, and there is more internal space in the units
themselves. These units will be quite desirable
for lower-income people.He understands the city concerns with
high-density, but compared with high-density housing, this is a
lot better. The land is currently being wasted: it
grows weeds, attracts dumping and trespassers seeking a shortcut. He claims
these 3 units will obviate these problems and improve the
neighborhood. There is currently not enough parking to satisfy the
parking requirements. This plan not only provides parking for the new
units, but also the existing units.Therefore,
the parking
446
CITY COUNCIL MINUTES APRIL 9, 1991
12. PUBLIC HEARINGS (Continued)
Some lower income housing units have absentee landlords who are not
aware of the number of tenants and are not concerned with being good
neighbors as far as the appearance of the place or maintenance. He
says he is not an absentee landlord. The units are well-
maintained and attractively landscaped. Tenants must conform to the
rental agreement that spells out the number of occupants that may
live within.and their conduct as far as the neighbors are concerned.
He claims the project will not result in a density-based problem
for
the City.He says he has been cooperative in the various changes
requested by the Design Review Board and the Planning Commission.
He indicated that not much could be done about the park-like open
space, but each unit has a small yard for a barbecue, child's toys
or whatever. He agreed to designate the new units as low income.
They continued to add conditions, which he agreed to meet. He feels
the only problem was the question of habitability. Lower income people feel
it is a desirable place to live. He feels the density
bonus law should apply, since this is a new structure, also adding on
a laundry room,which will be another improvement for existing
and future tenants.The following people
spoke in opposition:Peggy Roberts, 215 S. Park Lane, feels this land
should be improved because there are weeds and trash in the area. The
tenants will have a laundry room which will be a good addition. However,
she feels 3 more apartments would be too many for that area
with the existing traffic situation. Lack of parking would cause
a problem for neighbors. Proximity to the freeway is also
a problem. Mr.Berkshire is not on-site to see ongoing
problems in the
neighborhood like she is.Margo Andrews, 504 E. Culver, spoke in
opposition as an interested resident of Orange. She feels more density
should not be allowed because of the need for more low income
housing, or that the apartments would be rented. The owner is
responsible for taking care of weeds
growing on the property.Robert Perringer, 231 S. Park Lane,
stated that undeveloped land collects trash and grows weeds, so he is in
favor of development of the land. He approves of the addition of a
laundry room for the residents in this complex. However, the addition
of 3 or more apartments would overcrowd that parcel and
overburden the street. He feels the CUP should allow only 2 new
apartments, and the 26 additional parking
spaces should be required.THERE BEING NO FURTHER SPEAKERS, MAYOR
BEYER
CLOSED THE
PUBLIC
447
CITY COUNCIL MINUTES APRIL 9, 1991
12. PUBLIC HEARINGS (Continued)
Council expressed concern over the long ordeal the Applicant has
taken through the Planning commission and the Design Review Board.
Legal Counsel reported the Planning Commission did consider the legal
opinion memorandum. They were requested to make findings on the
normal land use issues, so that Council would have guidance on those
issues, in case someone disagreed with the interpretation of the
statute. Counsel indicated the decision to be made is either the
state statute requires a low density bonus or there is no other
device for granting one, because the city has no such ordinance. The
statute states that the housing developer shall show that the waiver
or modification is necessary to make the housing units economically
feasible. It does not discuss the issue of physical configuration of
the buildings.
Council questioned what plans might be in the works for the freeway
onramp adjacent to the property in question. The Director of Public
Works indicated there will be widening that will affect this ramp.
However, he does not know to what degree the area would be affected.
He reported if there is a "take" by Cal Trans relating to this
property, the city does not get involved in this.
Council asked what the proposed rents would be for the project. The
Applicant indicated the rents would range from $515 to $736 per
month. Legal Counsel indicated the affordable rent ranges are set by
state statute.
Council asked if the City should be doing something to deal with this
type of situation in the future. Legal Counsel indicated the state
statute does not preempt the cities from adopting their own density
bonus ordinances, as long as those standards are more generous to the
developer of low income housing than the state standard. The state
statute anticipates that the city would adopt its own ordinance.
Council questioned how often the Planning Commission has dealt with
the density bonus. The Director of Planning reported the city has
three projects in the city using the low income density bonus.
MINUTE ORDER MAYOR BEYER: "My basis had to do with the increased
density and parking problems that I feel it would bring, in addition
to the concern about the new state law and the responsibility we have
with respect to that, as outlined by Mr. Herrick."
MOTION - Mayor Beyer SECOND -
Spurgeon AYES - Mayor
Beyer, Coontz, Spurgeon NOES - Barrera ABSENT -
steiner Moved to
deny Appeal No.
384.Page 24
448
CITY COUNCIL MINUTES APRIL 9, 1991
12. PUBLIC HEARINGS (Continued)
MINUTE ORDER COUNCILWOMAN COONTZ: "I would like to commend the
property owner for a valiant effort in going through our process. My
concerns as I have expressed them are: 1) the freeway onramp
improvement 2) the question of the density bonus, which we have not
addressed with our own city ordinance."
MINUTE ORDER COUNCILMAN SPURGEON: "I echo what Councilwoman Coontz
said and what I have already said earlier today. It does concern me
about the density bonus interpretation the City Attorney has given
us. Also, it concerns me about the Cal Trans possible taking of land
in that area in the foreseeable future. It is a well-kept
area.Whether Mr. Berkshire is there personally or has a property
manager.I was very impressed with the area, the units and with meeting
him last week. I asked him some very hard questions; he was
very cooperative and he has been through quite a process and I am
sorry for it. However, under the circumstances, I don't feel I can
support this. Ordinarily, I am a great advocate for a property
owner developing his or her property within the general confines of
the area. He has a real challenge. I am reluctantly voting to deny
the
appeal."MOTION - Coontz
SECOND - Spurgeon AYES -
Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - Steiner
Moved that Council
direct the Planning Staff and the City Attorney's office to begin
to work on an ordinance for the City of Orange on the density bonus questions.
13. PLANNING AND
ENVIRONMENT - None 14. REPORTS FROM COUNCILMEMBERS -
None 15. ORAL PRESENTATIONS Lois Barke,
2022 Spruce, indicated
she was not able to attend the 3:00 p.m. session
when the Hazardous Waste discussion was held. She asked if 1% of the
businesses handling hazardous waste would require additional investigation, what does Council
plan to do about this?council indicated this situation would
be explored further to determine what the City can
do. Staff was directed to investigate the situation. They will be
watching this area closely, given the history of the situation.Page
25
449
CITY COUNCIL MINUTES
APRIL 9, 1991
26. ADJOURNMENT
MOTION - Barrera SECOND -
spurgeon AYES - Barrera,
Mayor Beyer, Coontz, spurgeon ABSENT - Steiner Moved
to adjourn at
9:09 p.m.Page 26