07-23-1991 Council MinutesAPPROVED BY CITY COUNCIL ON AUGUST 13,
CITY COUNCIL MINUTES
OF A REGULAR MEETING
1991.
ORANGE, CALIFORNIA
JULY 23, 1991
1 25
The City Council of the city of Orange, California convened this 23rd
day of July, 1991 at 3:00 p.m. in the Council Chambers, 300 E.
Chapman Avenue. Oranqe. California.
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting -
July 9, 1991 MOTION - Barrera SECOND -
steiner AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon ACTION: Approved.1.4 PRESENTATIONS/ANNOUNCEMENTS/
INTRODUCTIONS - None
1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR
TAPE 56 2.1 Declaration
of City Clerk Marilyn J.
Jensen declaring posting of City Council Agenda of a regular meeting
of July 23, 1991,at the City of Orange, Main Library, the
Eisenhower Park Bulletin Board, and the New Police Facility at
1107 N. Batavia,all of said locations being in the City
of Orange and freely accessible to members of the public at least
72 hours before commencement of said regular meeting.ACTION: Accepted Declaration
of Agenda Posting and authorized
its retention as a public record in the
Office of the City Clerk.2.2 Authorize the Mayor and Director
of
Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.
REMOVED AND HEARD SEPARATELY)2.3
Consider renewal
of the annual contract
for employee assistance services provided by LifePlus Foundation through Resources for
Employee Assistance and Comprehensive Health (R.E.A.
C.H.)Program, at an approximate cost of $21,900.
00. (A2100.0 A.1823)Page 1
1 26
CITY COUNCIL MINUTES JULY 23, 1991
2. CONSENT CALENDAR (Continued)
Council questioned the cost of the program, and whether it was
being utilized. The Senior Personnel Analyst indicated the use
had increased over the prior year and those who used it felt it
was a valuable service to employees who needed it.
MOTION - Barrera SECOND -
Beyer AYES - steiner,
Barrera, Mayor Beyer, coontz, Spurgeon ACTION: Authorized the
Mayor and City Clerk to execute the contract on behalf
of the City.2.4 Request
from st. John's Lutheran Church and school to close Shaffer Street between
Almond and Chapman Avenue on October 12,1991 between the
hours of 6:00 A.M. and 10:00 P.M. for their annual Fall Festival. (
S4000.S.4)ACTION: Approved subject
to staff stipulations.2.5 Consider
a request to enter into a contract with the City of Tustin Police Department
regarding jail facility usage.A2100.0 A.
1824)ACTION: Authorized the
Mayor and City Clerk to execute the contract on behalf
of the City.2.6 Request
from the Children's Hospital of Orange County to waive a $70.00
banner fee for the grand opening of their new building from October 10
through 14, 1991. (P1300.0.9)ACTION: Approved.REMOVED
AND HEARD
SEPARATELY)2.7 Request
from Mr. Ed Dart, "The Hot Dogger," to amend the City Ordinance to allow
outdoor food vending. (A2500.0 Mobile Food Handling)Mayor Beyer
reported
receipt of a phone call from Mr. Phillip Lin, owner of
Sandwich Plus Restaurant across the street from Home Depot, who
is opposed to the hot dog stand. The Mayor also acknowledged receipt
of a list of 40 plus restaurants located between the
55 and 57 freeways on Katella Avenue. (See file in City
Clerk's office.)Council asked if
all Home Depot stores had hot dog stands in front, and who
would be responsible for cleanup. The Director of community Development
reported many of them have the stands,but he did
not know if all of them do. He felt cleanup would be the responsibility
of the property owner, since it is on private property.Page
2
127
CITY COUNCIL MINUTES JULY 23, 1991
2. CONSENT CALENDAR (Continued)
Council was also concerned about monitoring by the Health
Department.
The following people spoke in opposition:
Irene Carlson, representing Burger Time, 114 E. Katella.
Linda Paul, representing Burger Time, 114 E. Katella.
Bob Bennyhoff, 10642 Morada Drive.
Bob Beckman, Manager of Marie Callendar's on Katella Avenue at
Glassell.
Barbara DeNiro, 1118 E. Adams.
They made the following points:
It was asked how Home Depot felt about these hot dog stands.There
are already too many restaurants in the area; the City does not
need any more.All Home
Depots do not have these hot stands.Santa Ana is
now trying to remove sidewalk vendors. Council was given information on
their problems (see file in City Clerk's office).It
will open the
floodgates for more applications. It would be discriminatory to allow only
this one.Council requested further information, including
input from Home Depot, the City of
Santa Ana, and the Chamber of Commerce.MOTION - Spurgeon SECOND - Coontz AYES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon
ACTION: Moved to continue this item to the
August 13, 1991 City Council meeting, 3:00 p.m. Session.
2.8 Request permission to advertise for bids
for the installation and modification of traffic signals and safety lighting
at six locations in the City of Orange, Bid No
912-1. Funding for this project shall be provided as follows: (
B4100.0 No. 912-1)Tustin st. at Walnut Ave.284-
5032-483100-6041 (TSIP)Canyon
View at
White Oak Ridge 590-5013-483100-
6460 (Assessment Dist.
Santiago Blvd. at Villareal
285-5032-
483100-6048 (TSIP)Santiago Blvd
at Robinhood
Pl.285-5032-483100-6048 (TSIP)Meats Ave. at Via
Escola/Woodbine Rd. $
84,000.00 550-5032-483100-6043 (Developer Participation)
Meats Ave.
at Featherhill/Longridge
Dr. $84,000.
00
285-5032-483100-
6044 (TSIP)63,
000.00
96,000.
1 28
CITY COUNCIL MINUTES JULY 23, 1991
2. CONSENT CALENDAR (Continued)
2.9 It is recommended that Council approve carry-over funds
to:1) Blacktop the parking lot at
the amount of $27,143.00 to Account
Nos:500-1311-471200-
9851 $11,555.00
500-1311-771200-9851 $
15,588.00
Corporation Yard
in the P2500.0.2)Building & Improvements);2) Repair roof at
El Modena Library in the amount of 35,000.
00 to Account No. 500-
2031-481200-9931 (CIP Building &Improvements); (P2500.0.6.
1)3) Transfer $15,000.00 from Account
No. 100-1601-426700 Other Professional and Consulting Services) and carryover a
total of $20,000.00 in
Account No. 100-1601-426700 ($15,000.00)transferred from
Account No. 100-1601-471301 (Furniture,Machines and Equipment Additions),
plus FY 1990/
91 (balance
of 5,000.00) for a Computer Consulting Contract. (A2100.0 A.
1631.A)ACTION: Approved.2.10 Authorize and approve the
award of Bid 901-49A, refurbish EI Modena
Library roof to William H. Lavey & Assoc.
in the estimated amount of $35,000.00. Account
No.500-2031-781200-9931, Capital Projects, El Modena Library
Roof Repair. Also, request authorization
to close EI Modena Branch Library, August 26 through September 7,
1991 for this roof repair. (A2100.0 A.1825)ACTION: Bid No.
901-49A was awarded to low bidder William H.Lavey &
Assoc. in the
estimated amount of $35,000.00; all other bids were rejected. (For further
information, see file in City Clerk's office.)2.11
Request approval of Contract Change Order No. 1
and final to Inland Constructors in the amount of $
12,108.33, Street reconstruction:
Jewell Place, Lester
Drive, Acacia
Avenue and Lime Street; S.P. 2934. (A2100.0 A.1756)Account Nos:
250-5032-727100-000 (Traffic Safety)260-5021-783300-3001 (Street
Maintenance)ACTION: Approved.2.12 Request approval of Contract Change Order No.
1 and
final to Vernon Paving company in
the amount of $
33,295.
00, Glassell
CITY COUNCIL MINUTES JULY 23, 1991
129
2. CONSENT CALENDAR (Continued)
2.13 Request approval for authorization for advertising to invite
bids for improvement and widening on the northwest corner of La
Veta Avenue and Esplanade Street; S.P. 3005. (S4000.S.3.7)
Account No. 500-5011-78300-
4010 (Capital
Improvements)ACTION: Approved.2.14 CLAIM FOR DAMAGES
FROM:C3200.0)a. ROBERT PATTERSON for an alleged incident
occurring on or about January 6, 1991. (
S 66493 MWB)b. VIQUAR AHMED for an alleged incident occurring
on or about January 15, 1991. (
S 64360 PRB)ACTION: Denied claims and referred to
city
Attorney and Adjuster.2.15 Request approval to donate surplus mattresses
from the Fire Department to to the EI Modena
Service committee,
Inc.P2500.
0)ACTION: Approved.2.16 Authorize and approve the award of Bid
No. 901-61 "Furnish Labor, Equipment, Materials and
Supplies for the Asbestos Abatement of Former Police
Building" to: LoPresti & Smith Construction, Inc., dba Controlled
Abatement service, in the amount of $132,651.
00. Account No. 924-9811-481200-9808-
19814 Civic
Center Expansion-Asbestos Removal/Consulting) (A2100.
0 A.1826)
The following five
bids were
received:In-
Tek Environmental
Services Controlled Abatement
Service Datco, Inc.
American Technologies CTS
Environmental 163,564.
00 132,651.
00 160,000.00 147,000.00 188,800.00 ACTION:
Bid No. 901-61 was awarded to low
bidder Lo Presti &Smith Construction, Inc. dba Controlled Abatement Service in
the amount of $
132,651.00;
all other bids were rejected.MOTION - Beyer SECOND -
Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Items 2.3 and 2.7
were removed and heard separately. All other items on the
Consent Calendar were approved as recommended, including the
change of account number
on Item
1 ,0
CITY COUNCIL MINUTES JULY 23, 1991
3. REPORTS FROM MAYOR BEYER - None 4.
REPORTS FROM COUNCILMEMBERS -None 5.
REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS TAPE 570 5.
1 Reappointment of Pat Buttress and Ben P. Pruett to the Community
video Advisory Board, terms to expire 7/31/93.OR1800.
0.28)MOTION -
Coontz SECOND - spurgeon
AYES - Steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to confirm the
above reappointments to the Community Video Advisory Board.6. ADMINISTRATIVE
REPORTS - None
7. REPORTS FROM CITY MANAGER -
None 8.LEGAL AFFAIRS TAPE 582 8.
1 RESOLUTION NO. 7860 T1100.
0)A Resolution of the city Council
of the City of Orange assessing the cost of weed abatement upon real
property.MOTION - Barrera SECOND - Spurgeon AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon That
Resolution No. 7860 as introduced be adopted and
same was passed and adopted by the preceding vote.8.2 ORDINANCE
NO. 21-91 11200.0.7)
An Urgency Ordinance of the city Council of
the City of orange rescinding Ordinance No. 7-91 and authorizing an
amendment of the contract between the City Council and the
Board of Administration of the California Public Employees' Retirement System concerning
survivor benefits.MOTION - Spurgeon SECOND - Barrera AYES -
steiner, Barrera,
Mayor Beyer, Coontz,
spurgeon Moved to
waive the reading in full of Ordinance No.
21-91.MOTION - Spurgeon SECOND - Coontz AYES - steiner, Barrera, Mayor Beyer,
Coontz, Spurgeon That
Ordinance No. 21-
91 as introduced be adopted and same was
passed and adopted by the preceding vote.Page 6
I 31
CITY COUNCIL MINUTES JULY 23, 1991
8. LEGAL AFFAIRS (Continued)
8.3 RESOLUTION NO. 7861 C2500.K)
A Resolution of the City Council of the City of Orange approving the
reclassification of one Police Sergeant (Position No. 309, Salary
Range $3398.00 - $4358.00) to Police Lieutenant (Salary Range 4087.
00 - $5241.00) and deleting position No. 499 (Police Officer).MOTION - Coontz
SECOND - Steiner AYES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon That Resolution No. 7861 as
introduced be adopted and same was passed and adopted by the preceding
vote.8.4 RESOLUTION NO. 7862
C2500.K)A Resolution of the City
Council of the City of Orange approving the reclassification of one Police Services
Aide (Position No. 789,Salary Range $1934.00 - $2480.
00) to Forensic Specialist (Salary Range $2702.00 - $3465.00) and
deleting Position No. 527 (Police Services Aide).MOTION - Coontz SECOND - Spurgeon AYES -
Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon That Resolution
No. 7862 as introduced be adopted and same
was passed and adopted by the preceding vote.8.5 ORDINANCE NO.
16-91 A2500.0 Parking Permit
Program)An Ordinance of the City Council of the City
of Orange prohibiting parking on designated portions of certain public streets during
the hours from 10:00 P.M. to 6:00
A.M. without a valid parking permit.MOTION - steiner SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer,
Coontz, Spurgeon That
Ordinance No. 16-
91 have first reading waived and same was
set for second reading by the preceding vote.9. RECESS TO THE
MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.
ORAL PRESENTATIONS Lois Barke, 2022 Spruce, asked for an explanation
of Consent Calendar
Item 2.5. Staff reported the City is cooperating in letting
Tustin use our new police facility for drunk drivers while they are
in the process of remodeling.Page 7
1 32
CITY COUNCIL MINUTES JULY 23, 1991
MOTION - Mayor Beyer SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon THE CITY COUNCIL
RECESSED AT 3:40 P.M. AND RECONVENED AT 7:00 P.M.7:00 P.
M. SESSION 11. INVOCATION - Reverend
John Geisler, st. John's Lutheran Church.11.1 PLEDGE OF
ALLEGIANCE TO THE FLAG 11.2 ANNOUNCEMENTS - None
11.3 PRESENTATIONS/INTRODUCTIONS - None
11.4 PROCLAMATIONS - None 12. PUBLIC
HEARINGS 12.1 APPEAL NO.
388. CONDITIONAL USE
PERMIT 1911-91. Al RICCI:A4000.0 No. 388) TAPE 965
Time set for a public hearing
on petition by Al Ricci to appeal the decision of the planning commission on
June 17, 1991, approv~ng Conditional Use Permit 1911-91 to
allow applicant, Southeast Council on Alcoholism and Drug Problems
Inc. to operate a residential alcohol and drug rehabilitation facility within
an existing building currently used as a professional
office. The property is an "L"shaped parcel approximately 0.49
acres in size, and is located on the northeast corner of Chapman Avenue
and Grand Street (307 E. Chapman Avenue). The property is classified
C-1 (Limited Business District),and the General Plan
Land Use Designation is Old Towne Mixed Use.NOTE: This project is
categorically exempt from the provisions of the California Environmental Quality
Act per CEQA guidelines.THE APPELLANT STATES THE
FOLLOWING REASON FOR THE APPEAL:This location is not
the proper site for this type of use. Parking,safety and traffic need
to be reviewed more carefully. This area should remain office professional
to conform with downtown design and general plan."The Manager
of Current
Planning reported the property is known as the Royer Mansion, located in
Old Towne. The program is targeted to serve women with children.
The facility would provide training and counseling and is not
a medical treatment center. This type of facility is licensed by
the State Department of Social services, and the funding will be
provided by the county Health Care Agency. A total of 34 participants
are proposed to be housed at this location,including women with their
children up to the age of 8 years.Page 8
CITY COUNCIL MINUTES JULY 23, 1991 1 33
12. PUBLIC HEARINGS (Continued)
There would be approximately 4-6 staff persons to supervise
the daytime program, and one staff person will be present during
the nighttime hours. The sChool-age children will attend
the local schools. It is anticipated that the traffic impact would
be very similar to the office use currently in existence at
the property.The Planning commission approved the Conditional Use
Permit request,subject to a number of conditions listed in their resolution,
as well as added conditions to address special issues that were raised
at the pUblic hearing. The commission felt the implementation
of the required conditions of approval would not create a negative
impact on the surrounding community, or compromise the safety of
the
project residents.MAYOR BEYER OPENED THE
PUBLIC HEARING.Appellant Al Ricci, 4000 E. Del Valle, made the
following points:They do not feel this is the proper location for this type
of
facility.This corner is commercial, dislocating 14 downtown businesses.
These businesses contribute to the commercial nexus of the Old Towne
area, and draw people there.The
plaza has struggled to draw business away from the malls and eliminating these
businesses will make it difficult for other businesses in
the area.Allowing a
Conditional Use Permit would violate sound principles of land use,
create a hardship to surrounding homeowners and the business community.It
would also
set a precedent by changing commercial use to residential.Another concern is
safety,
since this corner is where two lanes of traffic narrow down to one.
There is a lot of
emergency traffic generated on that corner from the Fire Department and other city
services.There have been 10 injury accidents
on that corner in the last 5 years, according to police reports, making the
corner unsafe for children.There is a saturation of rehabilitation
homes
in downtown. There are at least 28 facilities in the area.
Parking is a problem in this area.The
following people spoke in favor the appeal:Carroll
Johnson, Director Downtown Business and Professional Assn.,100
S. Glassell, submitted a petition with signatures of
downtown merchants.John Aust, 1429 E. Lomita Avenue.Brenda Gess,
168
N. Center.Michael Alvarez, 360 S.
Glassell, representing Downtown Business &Professional
Assn., submitted another petition with signatures of downtown
merchants.Donald st. Jean, 212 S. Grand.Scott
Parker, 158
Monterey Rd., owner of Watson's
Drug store.Page 9
1 34
CITY COUNCIL MINUTES JULY 23, 1991
12. PUBLIC HEARINGS (Continued)
William Warne, 400 E. Chapman Ave.
Jennifer Kirshner Perez, 307 E. Chapman Ave.
Kathryn Aust, 321 Barkley.
Gail Hewitt, 143 N. Grand.
Keith Wilson, 80 Plaza Square, representing the Chamber of commerce,
presented a letter outlining Conditional Use Permit concerns.
Greg Lewin, 127 N. Grand st.
Paulette Guyer, 917 Hanover st., Anaheim.
Paul R. Blair, M.D., 31855 Via Oso, Trabuco Canyon.
Other concerns were expressed as follows:
The stairways are dangerous for residential use.The
quality of life for the residents of this home must be considered.This
home
would probably not be earthquake-safe.This will
affect property values in the area.The trees drop
pods that create a dangerous situation for the children. These trees are
historical and have botanical value.Security is not good
in this building; it is too accessible, which is not desirable for a
home of this type.The constant sleep disruptions caused
by the Fire Dept. vehicle sirens cannot be in the best
interest of the children.The liability exposure with this location
should be examined.council asked about the use of sirens
at night. The Fire Department Operations Division Chief indicated all of the
responses use Code 3,with sirens and air horns, in this
area because it is a very dangerous, blind intersection with a sound tunnel.
Council was concerned about the safety of
the children, with the narrow stairways, play areas and traffic in
the area. The Director of Community Development indicated these were concerns
of the Planning Commission and play areas were in
the conditions of approval by the Planning commission. The retrofitting would
be submitted at a later date, governed by the Uniform Building
Code.Applicant Lynne Appel, 5187 Cumberland Drive, Cypress,
Executive Director, The Southeast Council on Alcoholism and
Drug Problems made the following points:They are also concerned
about safety, traffic
and recreational play areas, and are fully prepared to comply
with all state, county and federal regulations in this regard.They would
provide a program this community can
be proud of.They operate a child respite program with parents participating
in the care, as well as supervision and professionals to help
with their emotional adjustment.The children will be playing in an enclosed
designated area;
the location of this area has not been finalized. They will also
be using local parks and the YWCA facilities across the street.There
are other facilities in downtown areas that do not downgrade
the area in which they are located.Page 10
1 35
CITY COUNCIL MINUTES JULY 23, 1991
12. PUBLIC HEARINGS (Continued)
The following people spoke in opposition to the appeal:
Bill Edelman, 405 W. 5th st., Manager of Drug Program for county of
Orange.
Vince Ferragamo, 6715 Horseshoe, realtor representing Southeast
Council on Alcoholism and Drug Problems.
Pamela Tomashek, 180 Maplewood.
Ron Webb, 927 Somerset, Pomona, representing County Alcohol Program.
Peggy Montopoli, 700 W. La Veta.
Nancy Walker, 8205 7th st., Downey.
Alice Clark, 205 N. pine st.
They made the following points:
There is a deficit of service to children of drug-addicted
parents. If the CUP is not granted, discrimination will continue
against women and children with this problem.
This location was close to public transportion, which was another positive
factor in the choice, since these women will not have their own
vehicles.The
Planning commission felt this facility could be successfully operated there.
The Applicant and the County of Orange would not be coming before
the Council if they did not feel they could do so.Many other
facilities were examined, but this was chosen as being the most suitable.
Council asked the
average length of stay, which is six months.Council commented these
children are often hyperactive and need extra help and care.
Council was not comfortable that one adult in supervision at night
was enough, since there was no guarantee the adults and children
would be sleeping. Council was concerned about the land use
at this location; other homes of this type appear to be located in residential
areas.NOTE: Councilman steiner
left the podium at 8:45 p.m. and returned at 8:55
p.m.THERE BEING NO
FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.Council asked
about
the Planning Commission expectations regarding the recreation area.
The Manager of Current Planning indicated the resolution of the
play areas was left to Staff. Council asked if there has been
a seismic inspection of the premise. The Director of Community Development indicated
this is a wood frame building, which makes a difference.
He felt there would be no point in doing an inspection without a
complete technical drawing of the proposed improvements within the
facility.MOTION SECOND AYES
Coontz
Mayor
Beyer
Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon Page 11
36
CITY COUNCIL MINUTES JULY 23, 1991
12. PUBLIC HEARINGS (Continued)
Moved to uphold Appeal No. 388 and deny the application for
Conditional Use Permit 1911-91, on the basis of lack of
availability of outdoor recreation, questions of safety, the removal of
existing commercial land use, and concerns about
traffic.Councilwoman Coontz commented that the track record of
the organization was not in question. What is being questioned is
the land-use application at that particular site. Orange
has an excellent track record for acquiescence to the many
applications for facilities of
this type.MINUTE ORDER COUNCILMAN STEINER: "Because of the type of work
I have been involved in, I have been supportive of these kinds
of programs.I have been very proud of the fact that this Council for
the past several years has really stepped up on these kinds of
social problems and has been pretty proactive, accommodating and
compassionate for many of these programs, when other cities have not
been so accommodating. There is no defensiveness from this city
Council on an issue like this, because the track record
is well-established.Most recently, the House of Hope
generated enormous controversy within our community (the home for homeless
mothers and their children). I had disagreements with my friends from
Old Towne with regard to that, feeling that the project was
very much needed.Months and months were spent in working out the
details of that project, from the size of the building, to the
landscaping and open space. It was extremely detailed; much more time than
was spent on the
Royer Mansion issue.I feel a deciding factor in my vote is that there
is not enough comfort level for me in utilization of that property
for children and their mothers with regard to the space limitations.
That would have to be absolutely clarified for me before I could
support it fully."Mayor Pro Tem Barrera indicated he was very
impressed with the interviews he had with the Applicant and some
of the associates.Their presentation was also very impressive. He felt
the program was great, the
location is wrong.12.2 APPEAL NO. 389. CONDITIONAL USE PERMIT
1913-91. PAUL FLOWERS:A4000.0
No. 389) TAPE 6100 NOTE: Councilman steiner left the Council
meeting before the start of this hearing
and did not return.Time set for a public hearing on petition by
Paul Flowers to appeal the decision of the Planning Commission on
June 17, 1991, approving Conditional Use Permit 1913-91
to allow applicant, Social Model Recovery Systems Inc., to
operate an adolescent residential alcohol treatment facility in the
R-3 (
1 31
CITY COUNCIL MINUTES JULY 23, 1991
12. PUBLIC HEARINGS (Continued)
The property is a rectangular shaped 16,979 sq. ft. parcel of land
located on the east side of Parker Street between Walnut Avenue and
Parker Street (525 N. Parker st.).
NOTE: This project is categorically exempt from the provisions of
the California Environmental Quality Act per CEQA guidelines, section
15301.
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
This facility will interfere with a property owner's lawful right to
quiet eniovment of their premises. Allowing this facility will cause
deterioration of the neighboring property; not in the physical sense,
but in the same manner as allowing any nonconforming structure or
facility to be built in the middle of a family area. Regardless of
the recovery program's assertion that is it their lawful right to put
these facilities in R-3 zoning areas, it cannot be our
lawmakers'intention to allow suffering of any kind to the
neighboring properties. We ask the City Council to deny this
facility."The Manager of Current Planning reported this request was made of
the Planning commission to consider an alcohol treatment facility
for adolescents. The site contains an existing residence and a 5,
000 square foot separate warehouse building. The neighborhood is
rather unique. It abuts itself to an industrial area and is
developed primarily with single family, multiple family and some
industrial
uses.The Applicant is proposing a 24-bed facility for teens ages
12-17 for a residential alcohol treatment facility. It will be
staffed by 3 persons during the day, 2 persons at night.
It is a highly-structured and
supervised program, including counseling,rehabilitation and academic programs. There
are 7 existing parking spaces on-site for staff and
visitors. Program participants are
not permitted to have cars.The Planning commission approved the
project, with a number of conditions listed in the Staff Report.
They felt that with the implementation of the required conditions,
the project would not have a negative
impact on the surrounding community.MAYOR
BEYER OPENED THE PUBLIC HEARING.Appellant Paul Flowers, 533 N. Parker
st., made the following points:This facility is too
large for the property.The noise and operational problems will
interfere with the standard of living
in the neighborhood.One or two teenagers can make a lot of noise; we are
talking about 24 of them. Once they are there, it will be difficult
to regulate.The neighbors would not be opposed to the project if it were
sized down to about 6
beds.Page
1')8
CITY COUNCIL MINUTES JULY 23, 1991
12. PUBLIC HEARINGS (Continued)
They feel they are being asked to risk their right to quiet enjoyment
of their properties by taking the word of the representative
of the recovery program that everything will be fine and
there will be no problems.The
following people spoke in favor of the appeal:Tony
Diek, 1625 E. 17th Street #104, owner of property across the street
from property in question.Herb
Barke, 2022 Spruce.They
expressed the following concerns:They
claim about 95% of the residents are opposed to the project;a petition
was presented from residents in the area.Some people
felt it would be more like a kennel than a home for teenagers, because of
overcrowding.Property values in
the area will be negatively affected by the development of this group
home.It was asked if
the slab has reinforcements, since it was built prior to city codes.Perhaps
institutional zoning should be
used for this project.Council asked the City Attorney about
the alleged "lawful right" to put a facility of this type
in R-3 zoning, which was mentioned at the Planning commission hearing. The City
Attorney opined the lawful right did not apply, but
would apply if there were six or fewer occupants of a facility.Bud
Hayes, 2230 W. Chapman, #
208, representing the Applicant, made the following points:The construction
plans cannot be
approved until the Conditional Use Permit is approved. They are
currently in the Building Dept.awaiting approval. The Building and Safety
Codes are much more stringent than normal residential use.The
Planning commission Staff Report supports
the conclusion that the project would lessen the level of
sound in the neighborhood,compared to the existing commercial use of
the property or any future high-density residential development, which could be
up to 9 units,unless it was combined with Mr
Flowers' property next door, in which case it could be much more
than 9 units.The Planning commission felt the physical
layout appears well-suited for the proposed use.The
Planning Commission felt it was
clear that traffic would be reduced from current use and would have
less than half the traffic of permitted 9 residential units.The Planning Commission
also felt the project
would improve neighborhood safety by reducing the level and type
of traffic on Parker st.The project use would eliminate the
existing use
of commercial trucks in and out of the property.Appellant himself
states in the appeal that the property
will not create a physical deterioration of neighboring properties.Page 14
CITY COUNCIL MINUTES JULY 23, 1991 1 39
12. PUBLIC HEARINGS (Continued)
The facts indicate the project will significantly improve the physical
appearance of not only this building, but also the neighborhood.
Both
the proposed use and the structure are allowed and conforming, according
to the Orange Municipal Code. The existing use is nonconforming.
They have
never asserted a lawful right to locate as alleged by the Appellant. They
have only looked for properties in areas where the zoning would
allow this type of use under Municipal Code.They have met
with many of the neighbors, sent out letters, and had an open house
for them. At the original Planning commission hearing, there was only
one neighbor who spoke in opposition.There were no petitions
prior to this time. One of the people circulating the petition felt the
crime rate would rise. It was felt that many of the people
signed the petition because they do not fully understand the project or the
impact of alternative uses.The Appellant is a developer
and is interested in developing his property to the most profitable use.
He has talked to the owner of the property in question about buying
it for similar types of use.One of the main objections of
the Appellant is the issue of property value as it would impact his
property. There has been a lot of research done about the impact of
group homes for children. There is little or no evidence to indicate
that property values are affected.It would not be cost-effective
to
downscale the project to a 6-bed facility, with the cost of real
estate. The need is for 24 beds.They will be transported to local
parks and facilities for recreation.The adolescents are not allowed to
leave
the site, unless with adult supervision. The liability is too high. They
are not locked up, but it is difficult to leave.Some
residents would welcome the home in the
area as an improvement on the noise level and physical improvements.The
following people spoke in opposition to the appeal:
Gerald Rowden, 700 W. Walnut, #16.Barbara Rowden, 700
W. Walnut, #16, Walnut Village Steve
White, 918 W. Lincoln Ave., Anaheim, realtor representing
Jean and Barbara Plettinck, 7606 Cedar Creek Way, Orange, owners
of the subject property on Parker Street.Mary Wilcox, Councilwoman from
Monrovia, 431 Highland Pl., Monrovia.
Linda Steward, 446 N. Stevens st.Michele Scott, 2943
Rounsevel Terrace, Laguna Beach.Jody Mathews,
4900 E. Chapman #39, realtor representing Social
Model Recovery Systems.Scott Miller, 31616 Virginia Way, Laguna Beach.
Linda Beavers,
446 N. Stevens st.Laurie Friedman, 125
Palisades Ave. #104, Santa Monica, architect
for the proposed project.Page 15
1 4. 0
CITY COUNCIL MINUTES JULY 23, 1991
12. PUBLIC HEARINGS (Continued)
They made the following points:
The current owners have made substantial investment in the property,
maintaining its character while mOdernizing it.The
owners agreed to the Social Model lease, rather than cashing out because
they know first-hand the effects of alcohol on families and
their employees. The proposed use improves and utilizes the existing
structure and brings them into zoning conformance.Getting
help for young people at an earlier age would keep them from having
more serious problems later in life.Having a
home atmosphere is important because of the trust built up among the
people in the program and staff members after hours.The warehouse facility
is deceiving and quite well-equipped, with nice offices, a
waiting room and kitchen facilities.The residents are
in a vigorous program, with little time for noise-making and leisure
activities.Social Model Recovery
Systems want to create an environment to promote wellness. The ambiance
is there; the program fits well into the existing building, without
adding extra square footage.Council asked what the
runaway rate was at the other facilities they operate. The Applicant estimated
5-10% in an adult program, where the expectations are
not quite as severe. Council asked if the Police Dept. gets
involved in the application process. Orange requires a security
check through the Police Dept. Generally, the existence of their
programs upgrades the neighborhood. Council felt they would like
to have a walk-through of the property to be able to visualize the
proposed use.Council asked
the City Clerk if proper notification had been made to property owners
in the area, since not many of them had shown up at the hearing.
The Deputy Clerk reported proper notification had been made to
over 100 property owners in the area.MOTION - Spurgeon
SECOND - Barrera AYES -
Barrera, Mayor Beyer,
Coontz, Spurgeon ABSENT - steiner Moved to continue
Appeal No. 389
for Conditional Use Permit 1913-91 by Mr. Paul Flowers to
August 13, 1991, 7:00 p.m. Session, first agenda item. The public hearing
to remain open.13. PLANNING AND ENVIRONMENT - None
14. REPORTS FROM COUNCILMEMBERS - None 15.
ORAL PRESENTATIONS - None Page 16
1 41
CITY COUNCIL MINUTES JULY 23, 1991
16. ADJOURNMENT
MOTION - Spurgeon SECOND -
Barrera AYES - Barrera,
Mayor Beyer, Coontz, Spurgeon ABSENT - Steiner Moved
to adjourn at
10:56 p.m. to a Joint Study Session with the Planning Commission on Thursday,
August 1, 1991 at 8:00 a.m. in the Weimer Room on the
Zoning Ordinance Update. (A2500.0 Zoning Ordinance)MARILYN J. JENSEN
MARILYN
J. JENSEN, CMC.,
CITY CLERK BY: ~4f~~ 6dL<'~~r
CASSANDRA CATHCART, CMC., DEPUTY
CITY CLERK Page 17