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06-11-1991 Council Minutes3 2 APPROVED BY CITY COUNCIL ON JUNE 25, 1991- CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING JUNE 11, 1991 The City Council of the City of Orange, California convened this 11th day of June, 1991 at 3:00 p.m. in the Council Chambers, 300 E. ChaDman Avenue. Oranae. California. 1.OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG 1.2 ROLL CALL i l, PRESENT - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - None 1.3 APPROVAL OF MINUTES Regular Meeting - May 21, 1991 MOTION Barrera SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, coontz, spurgeon ACTION: Approved.Regular Meeting - May 28, 1991 MOTION - Mayor Beyer SECOND - Coontz AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved as corrected.1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS - None 1.5 PROCLAMATIONS A prOClamation honoring the Small Business Subcontractor of the Year was presented to Scott McCurdy, President of McCurdy circuits, who accepted on behalf of his company.2.CONSENT CALENDAR TAPE 240 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council Agenda of a regular meeting of June 11, 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.Page 1 3 :3 CITY COUNCIL MINUTES JUNE 11, 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 Request approval for extension of Inland Contractor's contract, Bid No. 901-36 to use S.B. 821 money to construct miscellaneous concrete sidewalk and access ramps. (A2100.0 A. 1756)ACTION: Approved.2.4 Request from Hughes Aircraft Employees Federal Credit Union to display their Paymaster's Logo on a 12' by 5-1/2' balloon at their Offices (777 S. Main Street). (C2500.G.2. 0.2) ACTION: Denied.2.5 Request to authorize the revision of the Fire Protection Facilities Fee Program as authorized per Ordinance 47-88. C2500.J. 1)ACTION: Approved.2.6 Request authorization to approve a $25,000. 00 Deferred Payment Loan and a $1,500.00 Housing Accessibility Grant and Authorize the City Treasurer to prepare a check. Case No. 484.C2500. G.1. 1)ACTION: Approved.2.7 Request authorization from the Library Director to apply for a Grant in the amount of $14,350.00 from the U. S. Department of Education, Foreign Language Material Acquisitions Program.C2500. I)ACTION: Approved.2.8 Request authorization from the Library Director to apply for a Grant in the amount of $29,910.00 from the California State Library's Partnerships for Change Program. (C2500. I)ACTION: Approved.MINUTE ORDER COUNCILWOMAN COONTZ: "I compliment the Library for their continual pursuit of grants. They have been successful. There are two requests on today's agenda. I think we should acknowledge the fact that they are very aggressive in pursuing the grants. We can all take note of that and hope that other departments will have the opportunity to achieve the expertise to do so in the 34 CITY COUNCIL MINUTES JUNE II, 1991 2. CONSENT CALENDAR (Continued) 2.9 Request appropriation of Orange County Transportation Commission S.B. 821 funds in the amount of $35,516.00 to Account No. 330-5021-485100-4011 (Sidewalk and Access Ramp Funds). ( C2500.M. 8) ACTION: Approved.r 2.10 Request approval to donate surplus mattresses from our Fire stations to the EI Modena Service Committee, Inc., under their distribution to needy people. (P2500. 0)ACTION: Approved.2.11 CLAIM FOR DAMAGES FROM:Larry Faber for an alleged incident occurring on or about March 26, 1991. ( S 64381 CLB)ACTION: Denied claim and referred to city Attorney and Adjuster.2.12 Request to receive the single Audit Report for the Year Ended June 30, 1991, submitted by the City' s independent auditors,Moreland & Associates, Inc. ( C2500.J.1)ACTION: Received and filed report.2.13 Approve cancellation of contract with Damon Construction Co.for Bid No. 901-44, Purchase Order No. R06928, for the construction of raised medians on Alpine Rd., Bedford Rd.,Crest Rd., Devon Rd. and Flower st. at LaVeta Ave. There will be no impact on the budget from this request. ( A2100.0 No.1784)ACTION: Approved.MOTION - Barrera SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon All items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR r' I Page 35 CITY COUNCIL MINUTES JUNE 11, 1991 3.REPORTS FROM MAYOR BEYER TAPE 282 3.1 Letter from Major General Royal N. Moore, thanking the Mayor and Council for the opportunity to be the Grand Marshal of the orange May Festival Parade. (OR1800.0.33) MOTION - Barrera SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, coontz, Spurgeon Moved to receive and file letter.NOTE: Councilman steiner left the Dodium at 3:25 D.m.4. REPORTS FROM COUNCILMEMBERS TAPE 310 4.1 Annual Report from Councilwoman Coontz regarding the Transportation Planning Committee activities. (OR1800.0.82)Councilwoman Coontz reported The City of Orange Transportation Planning Committee is comprised of five resident/businessmen, and representatives of the Chamber of Commerce, City Planning Commission,City Traffic Commission, Irvine Company and department division heads from Public Works and Community Development.During the past year, the Transportation Planning COmmittee has reviewed and commented on a number of transportation programs, plans and issues, including: Santiago Canyon Road, rail transit, traffic signal coordination, growth management plan, congestion management,traffic demand management, the LaVeta-Main-Chapman project, and the Capital Improvement Program.MOTION - Barrera SECOND - Spurgeon AYES - Barrera, Mayor Beyer, Coontz, spurgeon ABSENT - steiner Moved to receive and file report.5.REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS TAPE 466 5.1 Reappointment Corporation Board. C2500.G.1) of Barry Cottle to the Orange Housing Development Term to begin 7/1/ 91 and expire on 7/1/94.)MOTION - Coontz SECOND - Spurgeon AYES - Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - steiner Moved to confirm the aforementioned reappointment to the Orange Housing Development Corporation Board.NOTE: Councilman steiner returned to the podium at 3: 30 D.m.Page 4 o.:..;...~ 36 CITY COUNCIL MINUTES JUNE 11, 1991 6.ADMINISTRATIVE REPORTS TAPE 480 6.1 Report from the Communitv Development Department reaardina the hirina of a consultant to prepare a Master Plan of Recreational Trails and an update of the status of other countv and adioinina citv trail plans. (C2300.H) The Senior Advance Planner reported in December, 1990, in response to community concerns regarding the lack of a comprehensive trail system for the City, the City Council directed the staff to go forward with a selection process for a consultant to prepare a master plan for the community. During the last few months, a team staff of four members of three different departments has sent out a public notice and interviewed the top five firms. staff is recommending The Elliott Group be hired as the consultant for the master trails plan. Following the approval of the consultant, Staff recommends the City Council adopt a trails advisory committee comprised of representatives from the following groups: Orange Park Acres Association Recreation and Parks commission A hiking or walking club representative A mountain bike club representative An at-large representative from an equestrian- oriented development An at-large resident of a non-equestrian-oriented development east of the 55 freeway An at-large resident from an area west of the 55 freeway.They suggest that all committee members should be residents of the city, or the unincorporated islands in the City's sphere of influence. It is also suggested the City Clerk be directed to notice the availability of the committee appointments.At the request of Council, this item has been included in the 1991-92 budget for $48,800, in the account of other Professional and Consulting Services, Advance Planning.Council questioned the reasoning for Staff's recommendation on the composition of the committee. The Senior Planner, Advance Planning,indicated they wanted to have individuals from the entire City, with all the various interests represented. Council would like to have it expressed that the potential committee member have a basic interest in trails. Council also expressed the hope that some of the committee members will have experience with the plans of other cities or entities.The Senior Advance Planner mentioned that some staff members had attended a meeting with the Orange County Water District. In conjunction with the Creek, they are planning some trails and landscaping, so it is an opportune time for the city to be hiring a consultant. The consultant is aware they will be working with all the other cities and agencies. This was part of the proposal.Page 5 r!o'c",,=-""::'r":""" Y~' T ''''''''*''''''.'' .._."......,-,~_ 37 CITY COUNCIL MINUTES JUNE 11, 1991 6. ADMINISTRATIVE REPORTS (Continued) Council asked if The Irvine Company and the County of Orange were asked for funding assistance. The Senior Advance Planner reported The Irvine company was not interested because they have had budget cutbacks themselves. The County Board of Supervisors has not been formally asked, but various staff members have been approached. They are just hoping they will get enough money to have one person aboard to handle their committee. With the budget crunch at the County, Staff has not formally asked. It was Staff's opinion that it would be very cumbersome having the County directly involved with the project, even though Staff will be working with the County quite diligently. Council is concerned about the coordination of the project, and asked if there would be overlapping with the other entities. Staff will be sure that the City connects into their trails, but did not feel there was overlapping of functions. The East Orange area, which has not been annexed into the city and is now owned by The Irvine company, will be doing their own trail planning when the specific plan is done. At this time, the plan is only being done for existing city limits. The following people spoke in favor of the project: Bob Bennyhoff, 10642 Morada Drive, indicated he is one of many people who have spent a lot of time on this project. He and Lauren Ficaro have attended every meeting of the County Trails Committee, the Villa Park sessions on the trails. There a lot of things wrong with the trail system that need to be fixed. They have discussed at great length with the County EMA people the need for close cooperation between the County Trails Committee and the City committee, as well as the City of Anaheim. The County will probably attend some of the meetings of the City committee. All of these trails must mesh together or they are worthless. The County has spent a good deal of money already and is being asked to spend even more despite the budget stringency to get a full-time person to work on these trails.Its surprising the attendance at these meetings. There was someone there representing the mountain bikers, the hikers, The Sierra Club,The Irvine Company, etc. There is a wide spectrum of people interested in trails. The South County has more people and they spend more time working on their trails down there than we do. The time has finally come, and it is being done right.Mara Brandman, thanked the Council from Orange Park Acres and pledged their support in any way possible.MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved that the official name of the committee be City of Orange Recreational Trails Master Plan Committee.Page 6 38 CITY COUNCIL MINUTES JUNE 11, 1991 6. ADMINISTRATIVE REPORTS (Continued) MOTION - Beyer SECOND - Coontz AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to authorize the Mayor and City Clerk to execute a contract with the Elliott Group to prepare a Master Plan of Recreational Trails and direct the city Clerk to advertise the availability of the committee appointments pursuant to the Maddy Act.r 6.2 Reoort from the Deoartment of Communitv Develooment reaardina mobile source air oollution reduction ordinance. (See Legal Affairs,Ordinance No. 18- 91, Item 8.10, Page 11). (C2500.G)The Analyst, Public Works, reported AB 2766 recently passed by the State Legislature authorizes an additional $2 motor vehicle registration fee, effective April 1, 1991. These fees were to be generated for use by local government agencies to pay for programs which would reduce the amount of emissions from automobiles on the road. In order to acquire these funds from the AQMD, the City is required to do three things:1) Pass an ordinance in support of the fee that generates these funds. 2) Use these funds strictly for programs to reduce automobile emissions.3) Set up a special accounting trust fund, so that these monies aren' t mixed with general revenue funds.These monies can be used for any number of programs, such as expansion of the Reg. 15 program, adding an air quality element to our general plan, or to purchase clean burning fuel automobiles that use methane or propane, for example. Staff will be looking at ways to use the monies, to make sure it is being used as wisely as possible. The funds in the first year come to about $87,000. The second year, the fee doubles from $2 to $4 on the registration, and it would approximately double the amount of revenues the city would receive.Councilman Spurgeon commented that he wished private industry was being helped as much as some of the municipalities in providing funding for their incentives. In private industry, it must be funded out of their own pocketbook. There is a study being done right now to find out how much industries have been adversely affected, to the point of going out of business or moving out of california, or at least out of the counties affected under Reg. 15. It is unfortunate the amount of money that must be spent in order not to be subject to a $25, 000 per day fine.Page 7 I-=,-'. 3 9 CITY COUNCIL MINUTES JUNE 11, 1991 6. ADMINISTRATIVE REPORTS (Continued) MOTION - Spurgeon SECOND - Coontz AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to receive and file report.7. REPORTS FROM CITY MANAGER - None 8.LEGAL AFFAIRS TAPE 1095 8.1 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 - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 15-91 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.2 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. (Continued from 5/28/91). (C2500.F)Councilwoman Coontz indicated she appreciated the extensive memo that accompanied this item. The information provided was what Council wanted in the first place.MOTION - Barrera SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7824 as introduced be adopted and same was passed and adopted by the preceding vote.8. 3 RESOLUTION NO. 7825 A Resolution of the City Council of the City of Orange commending Phyllis Cichocki of the Finance Department on her selection as employee of the Year for 1990. (C2500. J.4.18)MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Page 8 40 CITY COUNCIL MINUTES JUNE 11, 1991 8. LEGAL AFFAIRS (Continued) That Resolution No. 7825 as introduced be adopted and same was passed and adopted by the preceding vote. 8.4 RESOLUTION NO. 7826 A Resolution of the City Council of the City of orange authorizing officials of the City to apply for bicycle and pedestrian funds pursuant to Senate Bill 821 and approving the adoption of a bicycle and/or pedestrian plan for the City of Orange. (B5000.0) MOTION - Barrera SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7826 as introduced be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION NO. 7827 A Resolution of the city Council of the City of Orange endorsing the regional funding program consistency and eligibility criteria included herein as the definition of, and process for, determining consistency of the city of Orange's traffic circulation plan with the master plan of arterial highways. (C2300.E)MOTION - Coontz SECOND - Barrera AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7827 as introduced be adopted and same was passed and adopted by the preceding vote. 8.6 RESOLUTION NO. 7828 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement.Bid No. 899-60 Baxter-Griffin Electrical Contractor, Inc. (B4100.0)MOTION - Coontz SECOND - steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon That Resolution No. 7828 as introduced be adopted and same was passed and adopted by the preceding vote.Page 9 41 CITY COUNCIL MINUTES JUNE 11, 1991 8. LEGAL AFFAIRS (Continued) 8.7 RESOLUTION NO. 7829 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement. Willdan Associates. (A2100.0 A.1639) MOTION - Beyer SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7829 as introduced be adopted and same was passed and adopted by the preceding vote.8.8 RESOLUTION NO. 7830 A Resolution of the City Council of the City of Orange congratulating Paul D. Pursell for his highly successful tenure as 1990-91 President of the Orange Chamber of Commerce. (C2100.0)MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7830 as introduced be adopted and same was passed and adopted by the preceding vote.8.9 ORDINANCE NO. 17- 91 An Interim Urgency Ordinance of the city Council of the city of Orange prohibiting hazardous waste treatment facilities without a Conditional Use Permit. (A2500. 0 Hazardous Waste)MOTION - Spurgeon SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to waive the reading in full of Interim Ordinance No. 17-91.MOTION - Coontz SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Interim Ordinance No. 17-91 as introduced be adopted and same was passed and adopted by the preceding vote. Page 10 42 CITY COUNCIL MINUTES JUNE 11, 1991 8. LEGAL AFFAIRS (Continued) 8.10 ORDINANCE NO. 18- 91 An Ordinance of the City Council of the city of Orange establishing a mobile source air pollution reduction program fund. (C2500. G)MOTION - Steiner SECOND - Barrera AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance No. 18-91 have first reading waived and be set for second reading.8. 11 RESOLUTION NO. 7831 A Resolution of the City Council of the City of Orange approving an amendment to the Professional, Technical and Clerical Unit Resolution No. 7614, to reflect an adjustment of 6% increase in salaries for the classifications of Water Quality Inspector I (Range 362) and Water Quality Inspector II (Range 382) affecting Water Department Fund No.600 and Activity 8031. (C2500.J.4.5)MOTION - Barrera SECOND - Spurgeon AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7831 as introduced be adopted and same was passed and adopted by the preceding vote.8.12 RESOLUTION NO. 7832 A Resolution of the City Council of the City of Orange finding irrevocable offer of dedication by The Irvine company to County of Orange covering portions of Limestone Canyon to be consistent with East Orange General Plan and Final Environmental Impact Report No.1278. (C2300.E)MOTION - Barrera SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7832 as introduced be adopted and same was passed and adopted by the preceding vote.9. ORAL PRESENTATIONS - None 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY Page 11 4) CITY COUNCIL MINUTES JUNE 11, 1991 THE CITY COUNCIL RECESSED AT 3:55 P.M. AND RECONVENED AT 7:00 P.M. There being no items to discuss, the City Attorney recommended the Closed Session be removed from the agenda. 7:00 P.M. SESSION 11. INVOCATION - Pastor Bud Pearson, orange Coast community Church.11. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 11. 2 ANNOUNCEMENTS Mayor Beyer introduced Laura Mayham, new Legislative Aide for Senator John Lewis.Mayor Beyer also welcomed Troop 1171, Roy Dennison Troop Leader, with his troop representing Fletcher, Taft and Cerro Villa Schools, who are working on a Citizenship in the community merit badge.URGENT ITEM: Mayor Beyer announced an item had been received which should be considered as urgent.MOTION steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz NOES - Spurgeon Moved that the need to take action arose after the posting of the agenda.The Advertising and Promotion Committee is requesting approval to purchase banners to line the route of the Olympic Torch Run scheduled to pass through Orange on July 8, 1991. The total cost is not to exceed $6,000, of which $4,000 may be returned to the City in banner sales after the event. Funds to come from Advertising and Promotion Account 235-0102-427601- 0000.Some Councilmembers expressed concern over this expenditure, in view of the current budget shortfall. It was indicated that this account has a current balance of over $150,000. These funds are for the express purpose of marketing the City of Orange in these kinds of events. After the sale of the banners, the net cost to the City is expected to be about $2,000.Council also questioned why they had not been apprised of this item earlier. It was indicated the request was received just recently,and the banners need to be ordered immediately in order to be received by July 8th. It was also mentioned this is not the regular Olympics, but an Olympic Festival, which is not as big an event.Page 12 44 CITY COUNCIL MINUTES JUNE 11, 1991 11.2 ANNOUNCEMENTS (Continuedl MOTION - steiner SECOND - Barrera AYES - steiner, Barrera, Mayor Beyer, Coontz NOES - Spurgeon Moved to approve the purchase of banners by the Advertising and Promotion Committee in an amount not to exceed $6,000.11.3 PRESENTATIONS a. Presentation of awards by Rosa Nowels, District Manager of the Automobile Club of Southern california, to Crossing Guard of the Year, Erma Puckett, and Patrick Banta, Altus Green, Joseph Martin and Edith Salkoff.b. Presentation of Prizes to orange Recycling Mascot name contest winners. The following students were presented certificates and will be receiving $50 savings bonds:Bryce Patrick Reyes, Kindergarten, Prospect School Wendy An Nguyen, First Grade, Handy School (not present)Britton T. Powell, Second Grade, Chapman Hills Sarah Diane Vincent, Third Grade, Prospect School Adam Joseph Lynn, Fourth Grade, California School Steven D. Wells, Fifth Grade, Prospect School Michaelyn K. Possemato, Sixth Grade, Fletcher School The grand prize winner was Steven Dennison Wells, who will receive a 200 savings bond. The winning name for the recycling mascot is Happy S.O.R. T. (Save Orange Recycle Trash) .11.4 PROCLAMATIONS A proclamation honoring the Crossing Guard of the Year 1990/91 was presented to Erma Puckett. 12. PUBLIC HEARINGS 12. 1 JOINT PUBLIC HEARING. DISPOSITION AND DEVELOPMENT AGREEMENT.HOME DEPOT: (RA2100.0 A.1798) (TAPE 2372)The joint public hearing with the Redevelopment Agency to consider 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 has been continued from Mav 28. 1991.Page 13 A- 45 CITY COUNCIL MINUTES JUNE 11, 1991 12. PUBLIC HEARINGS (Continuedl The Director of Economic Development reported the summary of the provisions of the development agreement include the operation by Home Depot of a full-service retail store, and development of the rear parcel. The agency will assist in the writing down of the lease payments for the property. Home Depot guarantees the increment for parcels 1 and 2. In addition, the developer has agreed to hire orange residents and to remove any toxics from the site, although they do not expect any to appear. Most importantly, they guarantee to the City of Orange $100,000 per year in sales tax. This is a very significant benefit to the City. The representatives of the property owner, as well as Home Depot and the staff are present to answer any questions.Council asked if they had received a copy of the agreement. The Director of Economic Development reported it is on file in the city Clerk's office, and was included as part of the agenda packet for May 28.THE PUBLIC HEARING REMAINS OPEN.The following people spoke:Greg George, Real Estate Manager for Home Depot, 601 S. Placentia,Fullerton, stated that Home Depot concurs with all the conditions and requests approval of the agreement by the Council and Agency Directors. Council asked when the ribbon cutting ceremonies would be held, and the scheduled opening date of the store. Mr. George said they were rained out once on the ribbon cutting, but would reschedule. The estimated time of opening is between July 20-25.It was noted that Councilman spurgeon left the podium. The city Attorney indicated he would abstain based on recommendation of Legal Counsel, as noted in the minutes of May 28, 1991. One of the property owners is a client of Mr. Spurgeon's employer, and there is a possible conflict of interest.Alice Clark, 205 N. pine Depot coming to Orange.Tustin Marketplace store Orange.Street, expressed excitement about Home She regularly shops at the Placentia and and would rather give her business to THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.RESOLUTION NO. 7814 A Resolution of the City Council of the city of Orange approving the Disposition and Development Agreement between the Orange Redevelopment Agency and Home Depot U.S. A., Inc. Page 46 CITY COUNCIL MINUTES JUNE 11, 1991 12. PUBLIC HEARINGS (Continued) MOTION - Steiner SECOND Barrera AYES - steiner, Barrera, Mayor Beyer, Coontz ABSTAINED - spurgeon That Resolution No. 7814 as introduced be adopted and same was passed and adopted by the preceding vote.See Redevelopment Minutes, Item 9.1, Page 3, for Resolution No.ORA-0225).12. 2 APPEAL 386. CONDITIONAL USE PERMIT 1882-91 DON WATSON. VICKIE GOODSON: ( A4000.0 No. 386) TAPE 2730 Time set for a public hearing on petition by Don Watson and Vickie Goodson to appeal the decision by the Planning commission on April 1,1991, denying Conditional Use Permit 1882-91 to allow the creation of two (2) lots without direct access to a public street. subject property is zoned R-1-6 (Residential-single Family District, 6,000 sq. ft. minimum lot size), and is part of an existing single family residential tract. The property is located at 2630 E. Denise Avenue.NOTE: Negative Declaration 1375-91 has been prepared to assess the environmental impact of the project.THE APPELLANTS STATE THE FOLLOWING REASONS FOR APPEAL:The Planning Commission closed the public hearing on our project.Then they brought up entirely new concerns that had not been mentioned, nor were they addressed in the staff report prepared by Chuck Lau. We were not given an opportunity to defend or explain our plans. It is our contention that we were not given sufficient notice of the Commissions' opinions. Consequently, we were not given the chance to address new concerns or do a follow-up on any requirements the Commission may have."The Manager of Planning reported the site is approximately 1/2 acre,off a private drive currently serving 4 parcels which also do not have frontage on a public street. The drive is off Denise Avenue,the address of the property is 2630 E. Denise Avenue. The proposed lot division would create a lower parcel of over 7,700 square feet,which would contain the existing house, and split off the upper portion of the property on a parcel which would be over 12,000 square feet. They are proposing to use a common driveway at the end of the private drive to access both the existing house and the proposed new house. This drive would take the form of an easement across the existing driveway and then go up the hill to the newly-created parcel 2. It would require substantial retaining walls built into the slope in order to provide 47 CITY COUNCIL MINUTES JUNE 11, 1991 12. PUBLIC HEARING (Continued) The City Attorney reported that four members of the Council, with the exception of Councilman steiner, drove by the site and the surrounding area. During that driveby, there was no discussion or comments about the hearing, or no comments about the site. It was for observation only. Council asked how high the retaining walls would be. The Manager of Planning estimated they could be as much as 20-23 feet high. It depends on how the property is ultimately developed. The question before the Council is whether it is reasonable to assume a parcel could be developed on this site and whether it would be in the best interest of the community to have it developed. It would require an easement across an existing parcel, a rather steep driveway and substantial retaining walls and grading on the property.Council asked the ownership arrangement and responsibility in the existing private driveway. The Manager of Planning indicated a small portion of the drive belongs to each individual homeowner, with reciprocal access, but he was not aware of the details of the arrangement. Council asked if this would be a problem for the Fire Department. The Planning commission staff report included a number of conditions from the Fire Department that would alleviate the problems of fire protection. Council asked if there was a policy from the Fire Dept. regarding these private streets, and an extension of a driveway off a private street. The Manager of Planning indicated the project was reviewed with the Environmental Review Board, of which the Fire Department is a member. At that meeting,the Fire Department lists the conditions necessary on the request to make it fire-safe. Their policy is to set conditions, rather than recommend approval or denial.MAYOR BEYER OPENED THE PUBLIC HEARING.The following people spoke in opposition:Tanya Chapin, 2804 Marywood Lane.wilma Francis, 2800 E. Marywood Lane.They made the following points:Residents living above the parcel are concerned about cutting into the hill and disrupting the hillside slope.The hillsides in this area are unstable, and there have been problems with slope failure. Cutting into unstable hillsides creates potential problems, with the threat of landslides, damage and injury.Homeowners have dealt with geological firms who have concluded the area has highly expansive soil and slope creepage.Who will be responsible for damage and injuries that might result if this parcel is developed?Don't let slides happen like in San Juan Capistano, San Clemente,Portuguese Bend, Rolling Hills Estates, etc.The Peralta Hills fault lies in this area.Page 16 48 CITY COUNCIL MINUTES JUNE 11, 1991 12. PUBLIC HEARINGS (Continued) Insurance companies do not cover any earth movement damages;homeowners must pay.The landscape would be ruined by the sight of retaining walls rising to 23 feet high.If this parcel is approved, the neighbor plans to do the same thing.The people from above and below will have to look at those walls.It will be like prison walls and will affect property values and the quality of life in the area.It would be in the best interest of all concerned to deny the request.Two large developers, Century- American and Lusk corporation, owned the land in question and did not build on it. They would have probably used that land if they felt it was safe.Council asked the location of the fault line. The Director of Public Works indicated this was disclosed in the construction of reservoir 180, which is to the west of this location.The following people spoke in favor of the project:Vickie Goodson, 2630 E. Denise. John Stevenson, 22861 Via Santiago, Mission Viejo, civil Engineer who did the preliminary drawings.Council questioned what they were being asked to decide: whether the process had been lawful, or whether the project was feasible. The City Attorney indicated this was a rehearing, with all the evidence being heard again, starting from scratch, notwithstanding anything done by the Planning Commission. The Applicant was given an opportunity to present evidence at the Planning commission hearing,so there was no denial of due process, in the opinion of the city Attorney.They made the following points: The Planning Commission brought out entirely new objections after the public hearing was closed, giving the Appellants no opportunity to answer the objections.All of the documents and plans were preliminary, as they were told by their civil engineer to obtain a CUP first.They feel they have answered all concerns/ problems expressed by Staff.The Planning commission was concerned that a precedent might be set, but the other homeowners using the common driveway have indicated they are not interested in doing this.The one neighbor who is considering this does not use the common driveway.A subsurface earth study has not been done, but would be once the project got underway.No mention was made of an above-ground water tank.The retaining walls would be aesthetically pleasing, since they would be in their constant view, as well.Page 17 I- '~ CITY COUNCIL MINUTES JUNE 11, 1991 12. PUBLIC HEARINGS (Continued) Subsurface drainage and the earthquake fault zone was questioned by the Planning Commission. How could the other homes be built above and below this area if these are true concerns. The Planning commission found the negative declaration to be inadequate, because of its lack of discussion on the visual and geological impacts on the property. They further denied the Conditional Use Permit. MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved that the Negative Declaration does not SUfficiently address the potential geological impact or the visual problems.MOTION - Coontz SECOND - Spurgeon AYES - steiner, Barrera, Mayor Beyer, coontz, Spurgeon Moved to deny Appeal 386 for the same reasons listed by the planning Commission, in addition to safety factors in extending a private drive off a private drive, access, fire problems and the impact of cutting the property in juxtaposition to the properties that are above.13. PLANNING AND ENVIRONMENT - None 14. REPORTS FROM COUNCILMEMBERS - None 15. ORAL PRESENTATIONS Larry Bonham, 332 S. Olive Street, addressed the council on the subject of children and the parks. He has been visiting the parks in the area and they are well-used, but he feels we need more of them.Carol Walters, 534 N. Shaffer Street, President of Concerned citizens of Chapman neighborhood, protested that the DRB and the Planning Department handle any work that come through on Chapman College.There are two people on the DRB doing work for Chapman college. out of five people, only two voted on both issues: the dorm and the student center. They would not let them talk about the site. Bob and Bruce did not say there was a conflict and they would abstain from voting. They were not contacted regarding the dorm, even though Mayor Don Smith had designated her as the contact person.Page 18 5 0 CITY COUNCIL MINUTES JUNE 11, 1991 15. ORAL PRESENTATIONS (Continued) On the DRB agenda for May 22, they said they would consider the site, the building, and the landscape plan for the new campus center. The only thing they would talk about was the plan for the student center. They would not let residents talk about anything else; Mrs. Walters feels this is wrong. She feels that somewhere along the line, Chapman has been made to feel they are above the law, and this has been the problem ever since. Mayor Beyer indicated to Mrs. Walters there was still time for an appeal and the residents' input on any decisions. Permits will not be issued until the entire process is complete. Part of that process is notification to the neighborhood. Council felt it would be a good idea to have the city Attorney or a representative from his office attend a meeting of the DRB and the Planning Commission and remind them of the Code of Ethics and state law. Council asked when the traffic study would be completed in the Chapman College area. The Manager of Planning felt there were be some information back from the consultant next week. Mrs. Walters asked who hired the consultant. The Manager of Planning indicated he was hired by Chapman College. The study will be reviewed by the City Traffic Engineer. Council suggested in the future, the City should consider having the city hire the consultants, but the developer pay, rather than having them choose their own. The Director of Community Development indicated they would certainly consider that for the future. Amy zanaboni, 626 N. Grand Street, addressed the Council to alert them to an escalating problem between the City, Chapman College and residents in the Chapman area. Being in the development industry, she knows how the planning processes work. She asked why the student center plans went to the Design Review Board. The Manager of Planning indicated it was just for input from the DRB, which she thought was fine. However, she was concerned that two members of the DRB, Charles Sandberg and Erika Wolfe, approved the site and building plans to be consistent with the specific plan. Before they approved them, they publicly stated they did not even know a specific plan existed. They should have said they were motioning to approve the architecture of the building, not the whole site, not the landscape plans, but just the aesthetics of the building. The site itself has a significant impact on not only the campus, but traffic and the residences around it. The DRB approved the site and building plans to be consistent with something they didn't even know existed. She takes opposition to that. Also, she questioned how you can have a majority of five people of the DRB approve something, when only two members can vote on it. Page 19 CITY COUNCIL MINUTES JUNE 11, 1991 15 ORAL PRESENTATIONS (Continued) She questioned why Rick Blomgren was allowed to give any input at all regarding this project, when he has stated there is a conflict of interest. Of anyone at the meeting, he had the most to say about this project. She doesn't feel he should be constantly passing things off to Staff, saying they will catch the problems. In the past, what the residents felt were problems have not been caught, which is why they were there in the first place. The residents were there to address their concerns before it became a huge explosion. Ms. Zanaboni also questioned whether Staff has accepted the parking analysis submitted by Chapman College at that meeting. The numbers do not make sense to her, and she comes up with a different figure. council suggested she put all her concerns in a letter addressed to the Mayor and city Council, and the questions will be directed to appropriate staff members. Council expressed the feeling that all parties should make a good faith effort to make this work. council commented this was the first time there was a staff member assigned to working out the specific plan. The people involved should be asked to interpret what is in the specific plan and the resolutions thereof. council asked whether two members of the board would be able to make a voting decision. The city Attorney did not know what the rules of the committee are, and he will look at this issue. 16. ADJOURNMENT MOTION - Barrera SECOND - Mayor Beyer AYES - steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved to adjourn at 9:15 p.m.A'4A'yq~# MARILYNJ. NSENM . CITY CLERK Page 20