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05-28-1991 Council Minutes1 4 APPROVED BY CITY COUNCIL ON JUNE CITY COUNCIL MINUTES OF A REGULAR MEETING 11, 1991- ORANGE, MAY 28, CALIFORNIA 1991 The City Council of the City of Orange, California convened this 28th day of May, 1991 at 3:00 p.m. in the Council Chambers, 300 E. Chapman Avenue. Oranqe. California. 1. OPENING 1. 1 PLEDGE ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - steiner, Barrera, Mayor Beyer, Coontz, spurgeon ABSENT - None 1.3 APPROVAL OF MINUTES Special Meeting - May 8, 1991 MOTION SECOND AYES steiner Coontz Steiner, Barrera, Mayor Beyer, Coontz, spurgeon ACTION: Approved.Regular Meeting - May 14, 1991 MOTION - Barrera SECOND - Spurgeon AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved. 1.4 PRESENTATION/ANNOUNCEMENTS/INTRODUCTIONS Chief Merrill Duncan introduced two new employees to the police Department, Larry Goldsmith and Craig Rosene.1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 131 2. 1 Declaration of city Clerk Marilyn J. Jensen declaring posting of City Council Agenda of a regular meeting of May 28, 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.Page 1 1 5 CITY COUNCIL MINUTES MAY 28, 1991 2. CONSENT CALENDAR (Continued) 2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands. ACTION: Approved. 2.3 Award Bid #901-52 for the widening and improvement of Katella Avenue from 400' west of Tustin Street to Sacramento Street to R. J. Noble Company in the amount of $709,516.25 and reject all other bids. Account Nos:284-5032-783100-6029 ( West Orange TSIP Tustin-Katella);284- 5011-783300-3131 (West Orange TSIP Major Intersections);284-5011-483300-3214 (West Orange TSIP Katella Ave. Rehab.);530-5011- 783300-3214 (Drainage District Katella Ave. Rehab.);251-5032-785100-3214, 251-5011-483300-3214 (Traffic Safety Katella Ave. Rehab.);260-5011- 783300-3214, 260-5011- 483300-3214 (street Improvement Katella Ave. Rehab.). (A2100. 0 A. 1796)40 bids were sold, out of which 8 responded as follows: R. J. Noble Company Excel Paving Company Ruiz Engineering Vernon Paving Company Clayton Engineering Sully Miller Griffith Company Damon Construction 709,516.25 799,548.95 817,698.03 822,189. 20 837,270.10 867.654.90 872,890.10 1,085, 908. 95 ACTION: Bid No. 901-51 was awarded to low bidder R. J. Noble Company in the amount of $709,516. 25; all other bids were rejected.2.4 Authorize and approve the award of Bid #901-53. Repair and replacement of overhead doors at seven Fire stations to Overhead Door Company of Saddleback Valley, Santa Ana, Ca. in the amount of $ 31,881.00. Account No.: 924-9811-481302-2504 CIP Furniture, Machinery, and Equipment Replacement).A2100.0 A.1795)Four companies were I 1 (, CITY COUNCIL MINUTES MAY 28, 1991 2. CONSENT CALENDAR (Continued) 2.5 Request approval of one-year extension of time for vesting Tentative Tract Map 13833 located at the northwest corner of Santiago canyon Road and Windes Drive. (T4000.0 No. 13833)ACTION: Approved, subject to conditions.2.6 Request for the installation of "Red Curb" markings at 1117 &1127 W. primose Avenue. (S4000.S.3. 1)ACTION: Denied.2.7 Request for the establishment of "Bus stops" on Lewis Street,north of Chapman Avenue. Funds available in Account No.:250-5032-427100 (Contractual services). (S4000. S.3. 1 ACTION: Approved.2.8 Request for the installation of "4-Way stop" controls at the intersection of Cambridge Street and Maple Avenue. S4000.S.3.3)ACTION: (1) Denied "4-way stop" controls at this time;2) Approved installation of additional signing and pavement markings on Maple Ave. on a 6-month trial basis.Funds for this work are available in Account No.:250-5032-427100 (Contractual Services).2.9 Approve renewal of the Health Services Agreement between the City and County which expires June 30, 1991. (A2100.0 A.54.B)ACTION: Authorized Mayor and City Clerk to execute on behalf of the city.2.10 Authorize execution of an Acknowledgment between the city of Orange and Pepper West Inc., representing that the City will release retention funds pursuant to the conditions set forth in the Acknowledgment. (B4100.0 Bid No. 889-47A) ACTION: Approved and authorized Mayor and City Clerk to execute on behalf of the City.2.11 Request approval of reissuance of rough grading permit for Southridge Development, Tract 12082, Via Escola east of Meats 1 7 CITY COUNCIL MINUTES MAY 28, 1991 2. CONSENT CALENDAR (Continued) MOTION - Coontz SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon All items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER - None 4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS - None 6.ADMINISTRATIVE REPORTS TAPE 153 6. 1 A report bv the City Enqineer on providinq sanitarv sewer service to the newlv-annexed CUmberland Road residences and the formation of Assessment District No. 91-1 as the vehicle to insure homeowner repavment of construction costs. (See Legal Affairs Pages 9 and 10). (T1100. 0 No. 91-1)The City Engineer reported their department has been working with the homeowners since the Cumberland Road area was annexed into the City of Orange in March, 1991 to provide much-needed sewer service to the residences. The homeowners were presented with three methods of financing the main line sewer and laterals. The majority chose to form a city-financed assessment district. The repayment of principal plus interest would be amortized over a ten-year period and placed on the homeowners tax bill. The Assessment District Review Committee met on May 8, 1991, and found this project consistent with City policy and recommends approval by the city Council. The public hearing has been set for July 9th. Council will accept testimony at that time and decide whether to proceed. Sufficient funds have been appropriated and are available for this purpose under Account No. 520-5011-483200-5501 (CIP - Sewer Main Construction). The money would be replaced into the account over a ten-year period, plus 8% interest. The homeowners with existing sewer laterals would pay $273.90 per year and the homeowners without existing sewer laterals would pay $495.28 per year, as preliminarily estimated. MOTION - Coontz SECOND - steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to receive and file report. Page 4 r B CITY COUNCIL MINUTES MAY 28, 1991 6. ADMINISTRATIVE REPORTS (Continued) 6.2 Report bv the Communitv Development Department reaardina the hirina of a consultant to provide the necessarv aerial photoaraphs and topoaraphic maps for the Recreational Trails Studv. It is recommended to appropriate $19,985 from Unappropriated General Fund Reserves to Account No. 100-6011-426700 ( Other Professional consulting services). TAPE 356 ( C2300.H)The Senior Planner, Advance Planning, reported it has been found in preparing to hire a consultant to perform the Recreational Trails Master Plan, that the most current topographic information available in the City is dated 1975. This is substantially out-of-date, based on development that has occurred since then, especially in the East Orange area. In order to adequately identify existing and proposed trail locations in the eastern hilly portion of the City, where most of the trails exist, it is necessary to provide the Trails consultant with a minimum amount of recent topographic information, so that in their extensive field investigation of trails in the area, they have mapping of the major of physical features. The trails consultant will be field checking all existing trails and designing new trails to fill gaps in the system and therefore will need three dimensional mapping information that reflects the current state of development.Staff has negotiated an addendum to the existing contract with Robert J. Lung and Associates, who are presently flying aerial photography work for the Public Works Department. By expanding this existing contract, the city may be saving half of the cost of going with a separate contractor.I~I 'Council questioned whether the county has been approached to ask if they would share in any of these expenses. The Senior Planner indicated the County has not yet been approached. Council also asked the status of the CIP budget. The funding for the Public Works aerial photography has already been approved.Council asked the projected cost of the study; it was reported to be approximately $50,000, and will be on the agenda for the first meeting in June. Council would like a memo from Staff with the response from the County as to whether they will help participate in the cost of the study, by the first meeting in June. The Senior Planner suggested it was appropriate for the city to pay for the cost of the maps, since the area being done is within the City. However,some of the area that is the subject of the study is still unincorporated county land, so perhaps the county would help 1 9 CITY COUNCIL MINUTES MAY 28, 1991 6. ADMINISTRATIVE REPORTS (Continued) Council questioned whether the trails study was a budgeted expenditure. Staff indicated it was not budgeted, and would come from unappropriated funds. In November, 1990, when studying the widening of santiago Canyon Road, Council suggested a complete study of the trail systems be done. Council discussed continuing this item to allow the Council to consider this expenditure in context with all other budgetary priorities, given the recession, the uncertain economic climate, and the decline in sales tax revenues for the city. Bob Bennyhoff, 10642 Morada Drive, urged the Council to go forward with the trail study now. He claimed the trail study is about 25 years late. The City has promised residents time and time again there would be a trail system in Orange, but there is none. There are some things happening the Council should be aware of: the County is making a very serious master plan of trails. Upper Peters Canyon, Anaheim Hills and the santiago Oaks trails, were under discussion in recent County meetings, all of which are extemely important to Orange Park Acres. Council indicated they were in favor of getting the job done, but when items come to the Council this close to budget time, they feel these things should be included in next year's budget planning. The City Engineer indicated time is of the essence in this matter, because the photographic mapping is currently being done. Doing it as a separate item would increase the cost. Bob Bennyhoff indicated the City of villa Park has also adopted a Master Plan of Trails. These three entities must work together: the City of Orange, the city of Villa Park and the County of Orange. We now have them all going in the same direction at the same time, and it would be a shame to stop at this point, when money can be saved by going ahead now. Council commented that a commitment had been made to support the master trail system the last time it was brought before council, in January or February. Council asked if the different trail studies being done by the different entities overlapped with one another. The Director of Community Development indicated they would make certain that Orange's trail system integrated well with the neighboring jurisdictions. Council questioned whether the Irvine lands to the east are being considered in the trail system. Some of the other entities may be one step ahead of Orange. The Director of Community Development indicated the eastern future portions of the City's Irvine Company properties are not to be master-planned at this time. That will take place when specific plans are done on those areas.Page 20 CITY COUNCIL MINUTES MAY 28, 1991 6. ADMINISTRATIVE REPORTS (Continued) MOTION SECOND AYES steiner Coontz Steiner,Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve the appropriation of $19,985 for aerial photographs and topographic maps for the Recreational Trails Study. Funding for I~the recreational trails study to be considered as part of the 1991-92 budget deliberations, to determine its priority in terms of City needs and requirements. Staff to investigate possible County financial participation in the trails study.6.3 Report bv the Parks Manaaer reaardina consideration of a Tree Maintenance Proaram. TAPE 890 (C2500.M.15)The Parks Manager indicated on March 19, 1991 Council directed staff to prepare a report on the tree program, addressing the Street Tree Inventory Report, employee vacancies in the Street Tree section, cost of maintaining parkway trees, and the water management system for the drought. (See report on file in the city Clerk's office.)Council has received the hard copy of the information collected by Golden Coast Environmental Services. The software was demonstrated recently to those Counci1members who were available. The data collected in the tree inventory includes location, species, physical characteristics, maintenance classification, environmental conditions, and damage.The employee vacancies were through attrition. Those positions remained vacant from 3-6 months in some cases. while the Personnel Department conducted the recruiting process. They have now been filled. CUrrently $ 778,000 is budgeted for maintenance costs for parkway trees. $ 126,000 of that money is currently appropriated for contract trimming. For 1991-91, they are projecting $774,000, which takes into account the cutbacks for next year. In keeping with the City's Water Conservation Policy, Staff has made every effort to keep tree watering to a minimum. The tree wells are watered a minimum of 9 times a year, using a water tank vehicle. They water up to a maximum of 14-18 times, if the equipment is available. There are 2 - 19 hour employees assigned to that task. The Tree Department is recommending to start a planting program in the city. To date, there are approximately 8,300 vacant sites that can be planted. They are recommending a five-year program, at a cost of $15,600 per year. Should they plant every vacant site, it would cost about $47,000 annually. The success rate on replanting trees is 34% for every tree removed.Page 2 1 CITY COUNCIL MINUTES MAY 28, 1991 6. ADMINISTRATIVE REPORTS (Continued) Council made some suggestions: there are certain areas in town that need more attention, due to the prevailing winds causing debris under the trees. Council suggested having the maintenance people keep the wells cleaned out and weeded. This could be done while they are watering them. Council asked how accurate the $42 million value was that was placed on the City's trees. The Tree Manager felt it was pretty accurate. This is based on a formula from the International Shade Tree organization used for valuing trees. The data collected from Golden Coast was also used. Council was very impressed with both the inventory and the software program. Council would like to have a long-range plan developed. It was suggested to give homeowners a wish list for trees. At present, the city has a listing of what tree must be planted. It would be better to have several trees from which to choose.Council suggested starting an educational program on trees. The school district recently participated with The Irvine Company in planting seedlings. However, an educational program did not go along with that. One of the problems the city has with street trees is that children will tear off branches, and sometimes break the trunk in two. The long-term success of the program has a lot to do with the education of the children. There are probably programs already available. In cooperation with the school district, it could be achieved. Homeowners could also benefit from knowing more about the trees in their parkways.The City used to have a street tree program where certain trees went on certain streets, but they have deviated from that now. The Street Tree Department is currently looking at Old Towne, working with the Old Towne Tree Committee. The trees have been inventoried and streets have been identified that can take several varieties. Where streets are predominantly one variety, they will stick with that.There are some streets in the city where three varieties can be offered, based upon the width of the parkway. They plan to use this as a pilot program for the rest of the city.Council questioned what criteria is used to designate a " tree city".The Tree Manager indicated there are four requirements. First is $2 per capita minimum annual expenditure. The city must also have a tree ordinance and a preservation ordinance. Finally, an annual Arbor Day observance is required. Orange is in compliance with all of these requirements.MOTION - Coontz SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to receive and file Street Tree Inventory Report. Council looks forward to receiving a long-range plan as soon as resources are available. Page 8 22 CITY COUNCIL MINUTES MAY 28, 1991 7. REPORTS FROM CITY MANAGER - None 8. LEGAL AFFAIRS TAPE 1252 8. 1 RESOLUTION NO. 7816 A Resolution of the City Council of the city of appointments in a Special Assessment District.Assessment District 91-1) (T1100.0 No. 91- 1)Orange making Cumberland Rd., MOTION SECOND AYES steiner Coontz Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7816 as introduced be adopted and same was passed and adopted by the preceding vote.8.2 RESOLUTION NO. 7817 A Resolution of the City Council of the city of Orange adopting a map showing the proposed boundaries of a Special Assessment District.Cumberland Rd., Assessment District 91-1) (T1100.0 No. 91-1) MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7817 as introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION NO. 7818 A Resolution of the City Council of the City of Orange, declaring intention to order the installation of certain improvements in a proposed Assessment District; ordering the preparation of a report describing the district to be assessed to pay the costs and expenses thereof; and providing for the issuance of bonds. (Cumberland Rd.,Assessment District 91- 1) (T1100.0 No. 91-1)MOTION - Spurgeon SECOND - steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7818 as introduced be adopted and same was passed and adopted by the preceding vote.r-8.4 RESOLUTION NO. 7819 A Resolution of the City Council of the City of Orange passing on the Report" of the Engineer, giving preliminary approval and setting a time and place for public hearing. (Cumberland Rd., Assessment District 91-1) (T1100. 0 No. 91-1)Page 9 2 3 CITY COUNCIL MINUTES MAY 28, 1991 8. LEGAL AFFAIRS (Continued) MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7819 as introduced be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION NO. 7820 A Resolution of the City Council of the City of Orange referencing prevailing wage scale and directing call for construction bids.Cumberland Rd., Assessment District 91-1) (T1100.0 No. 91-1)MOTION - Spurgeon SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7820 as introduced be adopted and same was passed and adopted by the preceding vote.8.6 RESOLUTION NO. 7821 A Resolution of the City Council of the City of Orange giving preliminary approval to the " Engineer's Report for Landscape Maintenance Assessment District 86- 2 and declaring its intention to provide for an annual levy and collection of assessments in that special maintenance district and setting a time and place for pUblic hearing to receive evidence on the foregoing matters. (L1200.0 No.86-2)MOTION - Coontz SECOND - Steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7821 as introduced be adopted and same was passed and adopted by the preceding vote.8.7 RESOLUTION NO. 7822 A Resolution of the city Council of the City of Orange g~v~ng preliminary approval to the "Engineer' s Report for Landscape Maintenance District 82-1 and declaring its intention to provide for an annual levy and collection of assessments in that special maintenance district and setting a time and place for public hearing to receive evidence on the foregoing matters. (L1200.0 No. 82-1)MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, coontz, Spurgeon That Resolution No. 7822 as introduced be adopted and same was passed and adopted by the preceding vote. Page 10 24 CITY COUNCIL MINUTES MAY 28, 1991 8. LEGAL AFFAIRS (Continued) 8.8 RESOLUTION NO. 7823 A Resolution of the City Council of the City of Orange approving the amendment to the 1988 Orange County Hazardous Waste Management Plan. A2500.0 Hazardous Waste Materials-Management Plan) ~MOTION - Coontz SECOND - Beyer AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7823 as introduced be adopted and same was passed and adopted by the preceding vote.8.9 RESOLUTION NO. 7824 A Resolution of the City Council of the City of Orange, california,authorizing the city to invest monies with the Treasurer of the County of Orange. (C2500.F)Council questioned how the County office is organized, since City monies would be moved into the County treasury. Some members of the council felt uncomfortable with this, when it can be so important to the City of Orange. The County Treasurer has been investing the monies of the County and other cities, to take advantage of a pool in a very positive manner. The concern was that any investment program is only as good as the office or the individual who is doing the investing. Council did not know the constraints, or the possible downsides in the future. Council has always felt comfortable in the past with the City investing its own monies, and Orange has done very well through its conservative investments.The Director of Finance indicated that this would be an alternative investment available to the city. Presently, the city invests in the state fund. The County must follow the same rules of investment as the City. The County has had an excellent track record; this resolution would permit the City to take advantage of some investments which were made some time ago, producing a higher yield.This is another available source to invest the City's money.Council asked how much of the money would be invested through the County. The Director of Finance indicated it would be about $5-6-7 million, of a portfolio of about $115 million. This would not be a major investment source, just another one of the many sources the city uses for investment. Council could put a limit on it, if it so desires. Some Councilmembers did not feel comfortable adopting the resolution, without a better understanding, for the sake of the City of Orange. The Director of Finance indicated the County has been evaluated by many investors of cities. Costa Mesa, Anaheim and other local cities use this source. Money can be withdrawn within about 30 days. Page 11 2 5 CITY COUNCIL MINUTES MAY 28, 1991 8. LEGAL AFFAIRS (Continued) Council commented the City of Orange has a reserve that everyone is very proud of. This is an indication of good, prudent investments on our own Staff over the years. Staff indicated the county gets better yields. Council questioned whether these same high yields would not also be available through the state, which is currently being used. The Director of Finance indicated the State is used for liquid investments, but they have a limit of $10 million. The County was another source that Staff considered very safe. Their technical skills are equal to that of the City Staff, and would permit the city on a temporary basis to take advantage of some higher earnings. One of the City'S policies is not to increase risk by reaching for higher returns, during this time of declining return on money. Staff will ask for a report from the County of Orange, which should show their investment record. MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to continue this item to the June 11th City Council meeting.Director of Finance to provide Council with more information on money being invested through the County of Orange.8.10 ORDINANCE NO. 10-91 An Ordinance of the City Council of the City of Orange amending Section 17. 06.0200f the Orange Municipal Code and approving the reclassification of property situated at 1515, 1527, and 1541 E.walnut Avenue between Tustin St. and Lincoln st., from R-1-6 (Single Family Residential District) to R-2-6A (Residential Duplex, Single story Overlay District). Zone Change 1129-90, Owner: James Schulze C2300.E GPA No. 3- 90)MOTION - Beyer SECOND - Spurgeon AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 10-91 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.11 ORDINANCE NO. 15-91 An Ordinance of the city Council of the City of Orange authorizing the posting of "No Parking--Tow Away" signs and the removal of vehicles parked in violation of such signs. ( S4000.S.3. 1)MOTION - Steiner SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 15-91 have first reading waived and same was set for second reading by the preceding vote. 26 CITY COUNCIL MINUTES MAY 28, 1991 9. ORAL PRESENTATIONS - None 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY THE CITY COUNCIL RECESSED AT 4:07 PM AND RECONVENED AT 7:00 P.M.The City Council recessed 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:citv of Oranae vs. Donald D. Greek, orange county Superior Court Case No. 64 27 61.citv of Oranae vs. Forum Insurance Co., State of California Court of Appeal Fourth Appellate District No. G010039.b. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b) (1).Mayor Beyer reminded Councilmembers of the annual tug-of-war contest scheduled for 6:30 p.m. with the Miss Orange contestants.7:00 P.M. SESSION 11. INVOCATION - Pastor Eric Kaelberer, Immanuel Lutheran Church. 11.1 PLEDGE ALLEGIANCE TO THE FLAG 11.2 ANNOUNCEMENTS Mayor Beyer announced the City Council went down in defeat in the tug-of-war against the Miss Orange contestants.11.3 INTRODUCTIONS - None 11.4 PROCLAMATIONS - None 11.5 PRESENTATIONS - None Page 13 2 7 CITY COUNCIL MINUTES MAY 28, 1991 12.PUBLIC HEARINGS TAPE 1927 12.1 APPEAL NO. 387. VARIANCE NO. 1905-91. COUNCILMAN STEINER:Time set for a public hearing on petition by Councilman steiner for Craig Hofman, Hof's Hut Restaurant to appeal the decision by the Zoning Administrator on April 11, 1991, denying Variance No. 1905-91 to allow a side yard wall to exceed the forty-two inch maximum height limitation as defined by Orange Municipal Code Section 17.42.210.The property is zoned C-1 (General Business District), and is a rectangular-shaped parcel containing a leased parcel, approximately 1.01 acres in size with an additional . 35 acre area, also leased,located on the southeast corner of Chapman Avenue and Lewis street 4050 W. Chapman Ave.). (A4000.0 No. 387)NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines, Section 15303.REASON FOR APPEAL:THE APPELLANT STATES THE FOLLOWING REASON FOR APPEAL:The circumstances of this application merit further review."Councilman steiner reported Hof's Hut has been in the community for years. There is a 1,250 square foot dining patio, which is enclosed by a three-foot high wrought iron fence adjacent to Lewis Avenue.The Applicant, in bringing this before the Zoning Administrator,indicated they wished to replace that existing patio fence with a six-foot high wall, three feet being stucco-finished masonry, and the top three feet being a glass screen.The request was based on the fact that the traffic on Lewis Avenue has increased significantly, and there have been numerous complaints from their customers with regard to noise and fumes as a result of the increased traffic. They also pointed out that there is an apartment building adjacent to Hof's Hut which is permitted fencing on the basis that it affords privacy to those residents on the ground floor. Councilman steiner believes there is a hardship for Hof's Hut by not allowing this additional fencing as being proposed.MAYOR BEYER OPENED THE PUBLIC HEARING.The following people spoke in favor of upholding the appeal:Craig Hofman, Rolling Hills, President and Owner of Hof' s Hut.Alice Clark, 205 N. pine street.Bill Worsley, Tishman West Management Corporation, representing Metropolitan 2 B CITY COUNCIL MINUTES MAY 28, 1991 12. PUBLIC HEARINGS (Continued) They made the following points: The business has been operating in Orange for almost 20 years and have enjoyed operating in the city.The problem on the patio has worsened since the street has gotten busier, with more and more noise and fumes.They have explored other alternatives, as far as moving the patio,but they could not spare any parking spaces, and it works best where it is.The Applicant does not believe it will affect the line-of-sight for traffic if the wall is allowed.People who are handicapped with asthma and emphysema have a hard time finding pleasant places to eat with good food, and reasonable prices. The fumes on the patio make it impossible for them to eat there.The property manager and owner have investigated other alternatives and the feel this solution is the most viable.Council asked whether the existing fence is non-conforming, as indicated in the staff report. The Director of community Development indicated the existing fence does conform to the height regulation within the setback area. There are some lighting posts which may exceed that 42" high height restriction within the 10 foot setback.Council commented that if this appeal was approved, it should be subject to the three conditions recommended by the Zoning Administrator.MAYOR BEYER CLOSED THE PUBLIC HEARING.MOTION - steiner SECOND - Coontz AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to reverse the Zoning Administrator' s decision and uphold Appeal #387 subject to the following conditions:1. Variance 1905-91 shall apply only to the proposed wall described in this request and shall become void, should the wall be significantly altered or removed at some further date.2. That the proposed wall be aesthetically compatible with the existing structure, as detailed on the submitted plans.3. That the existing external access to patio, as shown on the plans, be maintained.Council determined that because of special circumstances applicable to this subject property, applying the strict interpretation of the Code would deprive the subject property of privileges enjoyed by other properties. Also, Council felt it would not constitute a grant of special privilege.Page 15 29 CITY COUNCIL MINUTES MAY 28, 1991 12. PUBLIC HEARINGS (Continued) 12.2 JOINT PUBLIC HEARING. DISPOSITION AND DEVELOPMENT AGREEMENT. HOME DEPOT. U.S.A.. INC: Time set for a joint public hearing with the Redevelopment Agency to consider the approval of a Disposition and Development Agreement by and between the Redevelopment Agency and Home Depot U.S.A., Inc. located at 321 W. Katella Avenue. (RA 2100.0 No. 1798) Councilman Spurgeon asked the City Attorney for advice on whether to abstain from voting on this issue, since one of the parties involved is a client of his employer. The City Attorney commented that it was doubtful there would be a financial effect. However, the Political Reform Act also says you should not participate if it affects your personal interest, or the interest of any corporation of which a party is directly or indirectly interested. For this reason, the City Attorney recommended that he abstain from voting. The Director of Economic Development reminded Council they were acting both as Councilmembers and Directors of the Orange Redevelopment Agency, because this is a joint public hearing. Staff has requested that this hearing be continued to the next regularly scheduled meeting, in order for them to continue their dialogue with Home Depot representatives. They will come back with any additional information garnered from their discussions. MAYOR BEYER OPENED THE PUBLIC HEARING. MAYOR BEYER ANNOUNCED THE HEARING REMAINS OPEN. MOTION - Mayor Beyer SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz ABSTAINED - Spurgeon Moved that this item be continued to the meeting of June 11th, 7:00 p.m. Session, first agenda item.13. PLANNING AND ENVIRONMENT - None 14. REPORTS FROM COUNCILMEMBERS - None i----\15.ORAL PRESENTATIONS TAPE 2382 Carol Walters, 534 N. Shaffer, addressed the Council regarding Councilmembers being appointed, rather than having a Special Election. with Councilman steiner running for the Assembly, she feels the public should be allowed to decide who is on the Council,rather than the Councilmembers. Council agreed to consider her comments, although nothing can be done until the results of the election are known.Page 16 30 CITY COUNCIL MINUTES MAY 28, 1991 15. ORAL PRESENTATIONS (Continued) Mrs. Walters is also concerned that the DRB (Design Review Board) is giving Chapman College special treatment. She complained about a member of the DRB named Bob Hornacek who said he had a conflict of interest and then continued to comment during the discussion on Chapman College. He is helping to build the new dorm for Chapman College. She feels Chapman College was given special consideration ~. by the Police Department, who let them drive on the street with no license. They also got away with a number of Code violations, and there is now a lawsuit relating to this. The neighbors feel that things are being done behind their back and Chapman College can do whatever they like, with decisions being made before the meetings even take place. She threatened to go to the Grand Jury if something is not done. Alice Clark, 205 N. pine Street, commented that when an appointment is made for an unfilled term, the public has the chance at the next election to either approve Council's choice, or elect someone else. She approves of the appointments, which save money for the taxpayers. Regarding the DRB, Mrs. Clark feels Chapman College was badgered into having a specific plan. The things they brought to the DRB for approval were part of their specific plan. Any citizen, including a college, has the right, if they come in with things that are according to Code or specific plan, to have their plan okayed without a lot of harassment by anyone from the public. She feels the DRB is doing its job. The last meeting she attended, which was the meeting before last, they did a good job, and it was well-monitored. She feels Chapman should be left alone, as long as they are abiding by the specific plan.Larry Bonham, made some comments to Council about a book he is reading and how it relates to cities. He said we need to take city life more seriously. The rural romanticism of older Orange is past.Orange is now a growing city, with increased density. What makes it bearable is having adequate park space.16. ADJOURNMENT MOTION - Mayor Beyer SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon I Moved to adjourn at 7:30 p.m. to a Joint Work Study Session with the Planning Commission, June 3, 1991 at 5:30 P.M. in the Weimer Room to further discuss the CIP Program.Page 17 J 3 1 CITY COUNCIL MINUTES MAY 28, 1991 16. ADJOURNMENT (Continued)A Joint Work Study Session with the city Council, Redevelopment AgencyandPlanningCommissiontodiscusstheFY1991/92 Budget is scheduled for June 4, 1991 from 3:30 P.M. to 5:30 P.M. in the Weimer Room. Page 18