08-13-1991 Council Minutes148 APPROVED BY CITY COUNCIL ON AUGUST 27, 1991.
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
AUGUST 13, 1991
The city Council of the city of Orange,
day of August, 1991 at 3:00 p.m. in the
Chapman Avenue. Oranqe. California.
California convened this 13th
Council Chambers, 300 E.
3:00 P.M. SESSION
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 Regular Meeting -
July 16, 1991 MOTION - Coontz SECOND -
Spurgeon AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon ACTION: Approved.Regular Meeting - July 23,
1991 MOTION -
steiner SECOND - Barrera AYES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon ACTION: Approved.
Adjourned Regular Meeting - August 1, 1991 MOTION - Barrera
SECOND - Spurgeon
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
ACTION: Approved.1.
4 PRESENTATIONS/ANNOUNCEMENTS/
INTRODUCTIONS C2500.N)Certificates of Appreciation for heroic
action were
presented to Shelby Yinger and Stephanie Kirk.
1.5 PROCLAMATIONS - None Page 1
149
CITY COUNCIL MINUTES
2.CONSENT CALENDAR
AUGUST 13, 1991
TAPE 195
2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting
of city Council Agenda of a regular meeting of August 13, 1991,
at Orange civic Center, Main Library, New Police Facility at
1107 N. Batavia and the Eisenhower Park Bulletin Board; all of
said locations being in the City of Orange and freely
accessible to members of the public at least 72 hours before
commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized
its retention as a public record in the Office of the city
Clerk.
2.2 Authorize the Mayor and Director of Finance to draw warrants on
City Treasurer in payment of demands.
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.3 Request from Mr. Ed Dart, "The Hot Dogger", to amend the City
Ordinance to allow outdoor food vending. (Continued from July
23, 1991.) (A2500.0 Mobile Food Handling)
The City Clerk read a letter into the record from Lois Barke,
2022 Spruce. She expressed opposition to amending the
ordinance. (Letter on file in city Clerk's office.)
Council questioned the presence of the hot dog stand currently
at the new facility. The Director of Community Development
indicated the hot dog stand is there on a special 45 day permit
for their grand opening, and is not being run by Mr. Dart's
company.
The following people spoke in favor of the amendment:
Ed Dart, President of The Hot Dogger, 1011 W. Taft.They
made the following points:He
has met with Lois Barke and Barbara DeNiro and made some changes in
his request in an attempt to address some of their concerns.They
have
put in a special note in their request to keep their stand 100
feet away from a church, school or park.Instead of asking
for 75 feet clearance, this has been increased to 200 feet
back, which eliminates almost all properties in Orange.It
was noted that
each cart must have an appropriate size trash can at their location.
Businesses will get rid of the hot dog stands if they
do not feel it is a benefit to their store.Page 2
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CITY COUNCIL MINUTES AUGUST 13, 1991
2. CONSENT CALENDAR (Continued)
The following people spoke in opposition:
Barbara DeNiro, 1118 E. Adams.Bob
Bennyhoff, 10642 Morada Drive.They made
the following points:Information from
the cities of Santa Ana and Garden Grove was submitted relating
to how they handle this issue.It is not
in the best interest of the public benefit to allow this in Orange.
Mr. Dart is too
non-specific suggesting non-residential private property, that
being too encompassing.with the Mall
business climate being so competitive and empty stores routine, it
would not seem advisable to allow hot dog carts as an
outside use in those areas, as he suggests.This cart has nothing
to do with the business success of Home Depot.Mr. Dart's
current proposal
now appears to be allowed to operate in general within the City
of Orange, rather than just the one cart at Home Depot,
as was previously proposed.This should be a public hearing
process with CUP, as other cities have proceeded in this manner, with
annual review.Orange would be foolish to allow the
hot dog stands without knowing where they are and what they are.
Council indicated they had hoped for more complete
input from Home Depot and the Chamber of Commerce on
the subject. Mr.Dart indicated the regional headquarters leaves the decision
on the hot dog stands up to the individual
store managers.Councilwoman Coontz commented that pushcarts are already a
problem in Orange. They are not allowed, but
they come in on weekends. Code Enforcement makes them dump their merchandise.
However, they restock and come right back. It
wouldn't take long for the idea to proliferate that Orange
looks favorably on push carts. Code Enforcement has more than they
can handle already. Orange does not have the money to
enforce something like this, which is not a great benefit
to the City and could be a financial burden and more of a
problem than a benefit.Councilman Spurgeon commented that Council should be very
careful and have strict guidelines, without taking away
the individuality of this city, which has always been
prO-business. He is not in favor of
pushcarts of any type.Mayor Pro Tem Barrera indicated he was
also in support of a study on the ordinance amendment. Police reported
that pushcarts are definitely a problem, but he
has no problem with the stationary hot dog stands, as being
proposed for Home Depot.Page 3
1 5 ~
CITY COUNCIL MINUTES AUGUST 13, 1991
2. CONSENT CALENDAR (Continued)
Councilwoman Coontz was not in favor of Council ordering
another study, since a number of them are already in the works
and they are still awaiting the results. These take a great
deal of staff time, and she felt the other studies needed to be
completed, before any new ones were ordered.
MOTION - steiner SECOND -
Barrera AYES - steiner,
Barrera, Mayor Beyer, Spurgeon NOES - Coontz ACTION:
Authorize the Community
Development staff to initiate a study on amending
the ordinance.Council would like Staff
to develop the parameters for an ordinance amendment and bring
it back to Council to see if it is consistent with Council'
s intent for responsiveness to the community's concerns.2.
4 Request from
Chapman College to close Glassell Street from Palm to Sycamore on Tuesday,
September 10, 1991 from 11:00 a.m. to 12:30 p.m.
for an official ceremony changing the name to Chapman University. (S4000.S.
4)ACTION: Approved, subject to
conditions of approval by Police and Public Works Department.
2.5 Request City
Council to execute a contract with Hunsaker and Associates in the amount
of $34,400 to complete design of curtain wall on Jamboree
Road; Assessment District 86-1.Account No. 590-
5013-683300-3215
Assessment District Funds) (A2100.0 A.1829)
ACTION: Authorized Mayor and City Clerk to execute agreement on
behalf of the City.
2.6 Approve authorization of agreement with M. Barbara Ramer to
connect 8702 Palm Avenue in unincorporated County territory to
City-owned sewer. (A2100.0 A.
1830)ACTION: Authorized Mayor and City Clerk to execute on
behalf of the
City.2.7 Authorize the Library Director to close the Main Library
from 10:00 a.m. to 12:00 noon weekdays from Thursday, August 22
to Friday, August 30, 1991 for seismic reinforcement
of bookshelves. (P2500.0.
6)ACTION: Removed from
agenda.Page
152
CITY COUNCIL MINUTES AUGUST 13, 1991
2. CONSENT CALENDAR (Continued)
2.8 Authorize and approve the award of Bid #901-58,
Landscape Maintenance Services to Accurate Landscape &
Maintenance corporation, Orange, CA, in the amount of $52,
920.Account No:
210-7023-424301 Landscape Maintenance-City Property) (
A2100.0
A.1831)ACTION: Approved.2.9 Authorize the award of Bid No. 912-
03 for construction of Water Well No. 23 to the low bidder,
Beylik Drilling, Inc., of La Habra, in the amount of $
213,000.00. Account No.601-8061-484101-
8115 (Well
No. 23) (A2100.0
A.1832)ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.10 Agreement between
city of Orange and the orange Junior Chamber of Commerce to loan $1,
200.00 to the Orange Jaycees for the purpose
of assisting in their participation in the Orange International
Street Fair scheduled for August 30, 31 and September 1,
1991. Money to be loaned from Advertising and
Promotion Account (Fund 235). (A2100.0 A.1833)Council
questioned the advisability of loaning money to a non-
profit organization, since this may set a precedent. The
city Attorney reported this type of arrangement was
legally permissable and their department had prepared the agreement.The Orange
Jaycees were loaned money for the May Festival and there was a shortfall.
They are now asking for a loan to raise money at a street
fair booth. The money is owed to the group contracted
for the parade. Council felt if the loan was approved,
the operation of
the May Festival
should be reviewed.MOTION - Steiner SECOND - Coontz
AYES - steiner, Barrera,
Mayor Beyer, Coontz NOES - Spurgeon ACTION: Approve and authorize Mayor
and city Clerk to execute agreement. Council will review the
May Festival to decide if it should be continued, combined
with the Fourth of July activity,
or take some other action.2.11 Authorize receipt of $35,000
in Federal Library Services and Construction Act Grant funds,
administered by the U. S.Department of Education, for
the purpose of establishing a Library Literacy Program and to
allocate the funds
to Activity
2001. (C2500.
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CITY COUNCIL MINUTES AUGUST 13, 1991
2. CONSENT CALENDAR (Continued)
2.12 A.CLAIM FOR DAMAGES FROM:C3200.0)
1. WALTER ADAMS for an alleged incident occurring on or
about May 30, 1991.
2. DANIEL H. LEVINE for an alleged incident occurring on
or about June 23, 1991.
3. DONNA THOMPSON for an alleged incident occurring on or
about July 7, 1990.
4. MARY AND ROSS HAGER (X-Ref: J. Ognibene) for an
alleged incident occurring on or about September 2,
1990.5. JO ANN GALl SKY for an alleged incident occurring on
or about March 25,
1991.B. CLAIM FOR APPLICATION FOR PERMISSION TO PRESENT A
LATE
CLAIM:RIDGELINE COUNTRY CLUB AND DAVID FREIMANN, for
Application for permission to Present a Late Claim for an
alleged incident occurring on or about April 9,
1990.ACTION: Denied claims and denied Application for permission
to Present a Late Claim. Referred to City Attorney and
Adjuster.MOTION - Coontz
SECOND - Spurgeon AYES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Items 2.
3 and 2.10 were removed and heard separately. All other items on
the Consent Calendar were approved as recommended.END OF
CONSENT CALENDAR 3. REPORTS
FROM MAYOR BEYER - None 4.REPORTS FROM
COUNCILMEMBERS TAPE 1488 Request from Councilman
steiner for permission to leave the state for 30 davs.MOTION -
Barrera SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon Moved to approve Councilman steiner's
request to leave the state for 30 days.Page 6
154
CITY COUNCIL MINUTES AUGUST 13, 1991
5.REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS TAPE 1513
5.1 Appointment of the followinq to the Recreational Trails Master
Plan Committee: (OR1800.0.19.5)
Nominated by:
Mayor Pro Tem Barrera
Mayor Beyer
Councilman steiner
Councilwoman Coontz
Councilman Spurgeon
Parks & Rec. Comm.
Hiking/Walking Club -Mayor
Beyer Council
asked the term of the appointment. It is for the duration of the
study, which is expected to be completed by Christmas, according to
the Senior Planner, Advance Planning.Michael
D. Hairston Mark
D. Sandford Bob
Siebert Frank
Zanaboni, Jr.Mara
Brandman Dennis
Blake Bill
Trapp MOTION -
Barrera SECOND - Coontz
AYES - steiner, Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to approve the
above appointments to the Recreational Trails Master Plan Committee.5.
2 Accept with
reqrets the resiqnation of Councilman Mike Spurqeon from the Solid Waste
Manaqement Committee. and appoint Mavor pro tem Barrera to fill the
unexpired term to expire November. 1992.OR1800.0.34)MOTION -
Spurgeon SECOND - Coontz
AYES - steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon 5.3 Report reqardinq the White House
Conference on Librarv and Information Services bv deleqate Tom Saenz. Chairman
of the Librarv Board of Trustees. (C2500.I.1)MOTION -
Coontz SECOND - Spurgeon AYES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon Moved to
receive and file report.6. ADMINISTRATIVE REPORTS - None
7. REPORTS FROM CITY MANAGER - None
Page 7
CITY COUNCIL MINUTES AUGUST 13, 1991
1 55
8. LEGAL AFFAIRS
8.1 RESOLUTION NO. 7850 TAPE 1659
A Resolution of the City Council of the City of Orange approving the
reclassification of three positions in the Public Works Department
effective July 1, 1991: (1) A Field Maintenance Worker I/II to
Equipment Operator I (Position No. 204); (2) A Field Maintenance
Worker 1/11 to Skilled Maintenance Worker (Position No. 784); and (3)
A Field Maintenance Worker 1/11 to Skilled Maintenance Worker
Position No. 215); approving the transfer of $9,449.00 from the
Special Gas Tax Maintenance Fund to cover the increased salary and
benefits cost; and directing Staff to amend the budget and the
Position Control System to reflect these changes. (C2500.M)
MOTION - Barrera SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No.
7850 as introduced be adopted and same was passed and adopted by
the preceding vote.8.2 RESOLUTION
NO. 7866 A Resolution of
the City Council of the city of Orange finally accepting the completion
of certain public work and improvement. Bid No. 901-38;
Special Project 2944; Glassell street from Katella Avenue to Taft
Avenue; Vernon Paving Company. (A2100.0 A.1774)MOTION - Coontz
SECOND - Barrera AYES -
Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon That Resolution No. 7866 as
introduced be adopted and same was passed and adopted by the preceding
vote.8.3 RESOLUTION NO. 7867
A Resolution of the city
Council of the city of Orange finally accepting the completion of certain
public work and improvement Bid No. 901-36; Special Project
2934; Jewell Place, Lester Drive, Acacia Avenue and Lime Street;
Inland Constructors. (A2100.0 A.1756)MOTION - steiner SECOND - Barrera
AYES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon That Resolution No. 7867 as introduced be
adopted and same was passed and adopted by the preceding vote.Page
8
156
CITY COUNCIL MINUTES AUGUST 13, 1991
8. LEGAL AFFAIRS (Continued)
8.4 RESOLUTION NO. 7863
A Resolution of the City Council of the City of Orange upholding
Appeal No. 388 overruling the decision of the Planning commission of
the City of Orange and denying Conditional Use Permit No. 1911-91
to allow PC-23-91. The establishment of a residential
alcohol and drug rehabilitation facility within an existing building
currently used as professional offices upon property situated on N.E.
corner of Chapman Avenue and Grand Street (307 East Chapman). (A4000.
0 No. 388)
MOTION - Coontz SECOND -
Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon
That Resolution No. 7863 as introduced be adopted and same was passed
and adopted by the preceding vote.
8.5 ORDINANCE NO. 16-
91 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.A2500.0 Parking Permit
Program)MOTION - Mayor Beyer
SECOND - Barrera AYES -
Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Ordinance
No. 16-91 have second reading waived and be adopted and
same was passed and adopted by the preceding vote.9.
ORAL PRESENTATIONS TAPE 1698 Diana
Silva, 2053 E. Orangegrove, addressed the Council regarding property
in Old Towne, at 527 W. Culver. They are trying to sell the home
and the sale is being held up because they put in aluminum windows,
rather than wood. Council referred the matter to the Director
of Community Development.Barbara
DeNiro, 1118 E. Adams, asked if someone else could operate the
hot dog stand if Council approves the use by The Hot Dogger. She indicated
Mr. Dart is President of the Orange County Pushcart Association.
The Director of Community Development reported this is a
land use approval, so if Council approves the ordinance, Mr. Dart could
sell his business to someone else, as long as they operate the business
in the same way.Page
9
157
CITY COUNCIL MINUTES AUGUST 13, 1991
9. ORAL PRESENTATIONS (Continued)
Ms. DeNiro also showed pictures to Council of trash on school grounds
at Yorba and California Schools. She would like help from the Parks
Department in keeping this area clean. She also showed them pictures
of a new graffiti symbol, a rabbit, which she found at Lucky Market.
The Mayor asked to take the pictures to the Schools Coordinating
Committee, to see if they could help with the problem. The Mayor
also asked the Police Chief to have the area patrolled on weekends.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY.
RECESS AND COUNCIL RECONVENED AT 7:00 P.M.
MOTION - spurgeon SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer, coontz, Spurgeon Moved to recess
at 4:20 p.m. 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:Maver vs. Citv
of Oranqe Orange County Superior
Court Case No. 58 55 20.citv of Oranqe
vs. Donald D. Greek (C3200.0 Greek)Orange county Superior
Court Case No. 64 27 01 b. To confer
with its attorney regarding potential litigation pursuant to Government
Code Section 54956.9(b) (1).c. To consider
and take possible action upon such other matters as are
orally announced by the City Attorney, city Manager, or city
Council prior to such recess, unless the motion to recess
indicates any of the matters will not be considered in closed
session.7:00 P.
M. SESSION 11. INVOCATION - Mr.
Richard Arhlen, a resident of orange.11. 1 PLEDGE ALLEGIANCE
TO THE FLAG ll.2 ANNOUNCEMENTS - None
11.3 INTRODUCTIONS - None Page
10
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CITY COUNCIL MINUTES AUGUST 13, 1991
11.4 PROCLAMATIONS - None 11.
5 PRESENTATIONS Police
Lieutenant's badge was presented to Robert Gustafson by Mike Spurgeon
for the City Council. Recessed to a brief reception in the Weimer
Room.12.
PUBLIC HEARINGS 12.
1 APPEAL NO. 389. CONDITIONAL USE PERMIT 1913-91. PAUL FLOWERS:
TAPE 2306
The 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 (Residential Multiple Family) zone, has
been continued from the Julv 23. 1991 Council meetinq. 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.). (A4000.
0 No. 389)NOTE: This project is categorically exempt from
the provisions of the California Environmental Quality Act per
CEQA
guidelines, section 15301.THE PUBLIC
HEARING REMAINS OPEN.THE APPELLANT STATES THE FOLLOWING REASONS FOR
THE APPEAL: "This facility will interfere with a property owner's lawful
right to quiet eniovrnent 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 it is 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 Council continued this hearing in order to visit the site.
All the Councilmembers
have visited the site.Councilman steiner stated for the record that
he was not present during the second public hearing on July 23rd
with regard to this agenda item. The City Clerk provided a tape
of that hearing, which he listened to and felt he was thoroughly
familiar with the issues raised at the public hearing. He also visited the
site and on that basis, the city Attorney has advised that he
can participate in the deliberations and vote
on this
CITY COUNCIL MINUTES AUGUST 13, 1991
15 9
12.PUBLIC HEARINGS:Continued)
The following people spoke in opposition to the appeal:
Bud Hayes, representing the Applicant, Social Model Recovery Systems,
Inc.Barbara
Gossett, State Community Care Licensing Representative.Julie Boynton,
3473, Benton Avenue, La Verne.Diane Thompson, 700
W. Walnut Avenue #14.John Callanan, 1809 E.
Wilson.Ron Webb, 927 Somerset, Pomona.
vicki James, 581 N. Cambridge.Ken
Schmaling, 9141 Sharon Way, La Habra,
Executive Director of the National Council on Alcoholism and Drug Defense
of Orange County.Kate Tieman, 2013 Alabama #3, Huntington Beach.Chet
Wilson, 1835 Camden Ave., Los Angeles.They made
the following points:This facility is for non-
dependents of the court, non-
adjudicated minors of Juvenile Court. There is still licensure under
Title 22,Division 6, California Code of Regulations. All group home
licensing regulations will be in full force and effect.The
facility will-be staffed by a half-time
Clinical Director,full-time Program Director with years of experience
in working with adolescents, 6 full-time clinical staff day
and evenings, 2 awake staff members at night, as well
as relief staff available as needed.All the staff are required by
licensing to be trained in CPR and First Aid. There will be a consulting
psychiatrist and medical doctor. They will be using Orange County
Health Services for more serious medical problems.The Applicant talked to
as many of
the neighbors as possible.There are 132 residential properties within a 300
foot radius of the program. All but 26 of them were contacted.
Signatures of 86 people were secured who are in support of the
program and are not opposed to it being in their neighborhood.The Applicant indicated
there is a section in
the lease stating the lessee will obey all laws. They propose to
amend the lease to specifically describe the 23 conditions attached to the Conditional
Use Permit required by the City Council. This way,
if the Applicant ever fails to correct a problem caused by a
failure to meet a city condition, the owner can't end the lease. This
should greatly increase community insurance that they will be good neighbors
and will comply with the conditions as stated.A resident
facility is valuable, since very often the
young people need to be away from the home environment.The people
this organization is proposing to serve currently fall
between the cracks. There are programs for those ordered into treatment
by the court, and those with insurance, but nothing for
those with no insurance and no court order.Social Model Recovery
Systems is very highly respected. Their facility in
Los Angeles County is considered a national demonstration project.Page
12
160
CITY COUNCIL MINUTES AUGUST 13, 1991
12. PUBLIC HEARINGS (Continued)
The following people spoke in favor of the appeal:
Paul Flowers, 533 N. Parker Street.Tony
Diek, 1625 E. 17th Street #104, Santa Ana.They made
the following point:They feel
the project is too large for this piece of property.The following people
also spoke:Barbara DeNiro, 1118
E. Adams.Council asked the
status of the property should this organization leave the site
and close down. The Director of Community Development reported the CUP
is for the use itself, and not the specific provider. If there
is another service provider who provides the same service as the
package requested: ages of individuals, numbers of people, same types
of licensing, a different provider could take over that CUP. Council
asked if conditions could be attached saying that it would come
back to the Council for a public hearing, should this happen. The City
Attorney advised that in normal circumstances, the Conditional Use Permit
runs with the land. However, if there is some consideration regarding the
operator, or if Council wants it to run a certain length of
time (as long as this Operator is running the facility) that would
be legally permissable. The time limit of the CUP would be
for as long as this organization operates the facility.The Applicant indicated
he would be very willing to accept that condition.Questions were
also
raised regarding schooling and recreation. The Applicant indicated classrooms
are on-site. Recreation is planned primarily for
El Camino Park at hours that don't conflict with heavy park use
or the school across the street. This program is paid for by $400,
000 of taxpayers' money. The school will be accredited either through
the County Board of Education or the local school district.Council
asked
when the visitation hours would be, and where the visitors would
park. The visitation hours are staggered, starting about 2:
00 p.m. Sunday through the evening. They have reached an agreement with
the Mariposa Women's Center to use space at their facility near
Town & Country for group visitation, if necessary.They also
plan to pursue the use of the large parking lots directly behind the
property, in the commercial electrical warehouse.However, the
Applicant did note that State law requires a parent must be allowed
to visit their child on demand. The patients will also have occasional
passes to visit their families for the weekend.The Applicant
was willing to add the voluntary condition of pursuing additional visitation
parking through agreements with outside agencies, organizations
or businesses.Page 13
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CITY COUNCIL MINUTES AUGUST 13, 1991
12. PUBLIC HEARINGS (Continued)
Council's opinion was requested on the size of the facility in
relation to the number of patients proposed to be housed at the
site. The Applicant indicated that according to state mandates, they
are not allowed to have more than two children per room. If this
were an adult program, there could be almost twice as many people
housed at the site. The State Representative confirmed this. The
square footage required by law is 120 square feet for 2 children, 100
square feet for one child.
Councilman steiner commented that he has directly been involved with
cottages for abused children in this age range for 11 years. They
had 22 children in a cottage of 4,400 square feet. The living area
in the proposed facility is 5,012 square feet. Therefore, he did not
feel it would be crowding the children.
MAYOR BEYER CLOSED THE PUBLIC HEARING.
Councilman steiner commented the city of Orange has been very
responsive to meeting a variety of social needs in the County of
Orange, whether it is locating programs in our community for the
homeless, the developmentally disabled, substance-addicted
babies,the Queen Anne Home for abused children, or other kinds
of individuals with special needs. This city has attempted to
be compassionate and responsive to those
groups.On the other hand, sometimes the Council is not able to
be supportive, for a variety of reasons, as evidenced by the actions
on July 23rd, when Council did not approve the Royer Mansion to be
used to meet an important social need in our community. He felt it
was very wise for Council to visit the site, rather than just looking
at plans or written materials provided in the agenda. It also
gave Council an opportunity to talk to Mr. Flowers directly with regard
to his concerns. Councilman steiner felt the program was unique.
Being voluntary in nature makes it very appealing, and it definitely
serves an unmet need in the
community.Whether the program is in Orange or another city, these kids
are within our communities, and they need to be served. He was
satisfied that sufficient controls are in place to ensure the integrity of
the program through the licensure process. Obviously, if this program
is not a good neighbor, this Conditional Use Permit will be pulled
and the program will not remain in the community. He felt the
location of the facility in an R-3 zone, with its very
unique configuration,was not incompatible in terms of
land use.Council discussed an administrative adjustment to allow
the Applicant to keep an existing block wall and three trees which would
have to come down to get 2-3 more feet for the parking.
The Manager of Current Planning indicated one or two stalls would be
lost and the cars would be required to back out
onto Parker
162
CITY COUNCIL MINUTES AUGUST 13, 1991
12. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Coontz steiner
Steiner,Barrera,
Mayor Beyer, Coontz, Spurgeon Moved to deny
the appeal on the basis that the Conditional Use Permit and the project
do not appear to have a negative impact on the surrounding community.MOTION -
Coontz SECOND -
Spurgeon AYES - steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon Moved for the approval of Conditional
Use Permit 1913-91, subject to all the 22 conditions recommended
in the Staff report and agreed to by the Planning Commission, with
the addition of a condition requiring the physical use of
the property in parallel with the Conditional Use Permit. In addition,
a condition to accept the voluntary provision by Social Model
Recovery Systems, Inc. to secure additional visitation parking through agreements
with outside agencies, organizations or businesses.The
City Attorney confirmed this
sets the maximum length of time for the CUP to coincide with
Social Model Recovery Systems, Inc.'s operation of the facility, which
was voluntarily accepted by the Applicant.MOTION - steiner SECOND - Barrera
AYES -
steiner, Barrera, Mayor
Beyer, Spurgeon NOES -
Coontz Moved to approve an Administrative Adjustment
with respect to
on-site parking, with the intent of preserving the existing
wall and landscaping, and to direct the Applicant to enter
negotiation for the accommodation of an existing parking space off-site.
12.2 ZONE CHANGE 1136-91. CONDITIONAL
USE PERMIT 1906-91. DONALD HUNT AND DEAN EVANS: TAPE
4750 Time set for a public
hearing on petition by Donald Hunt and Dean Evans to consider Zone Change
1136-91, to establish zoning classifications of C-1 (
Limited Commercial) and R-3 (Residential,MUlti-Family);
and Conditional Use Permit 1906-91 to allow the
construction and operation of a two-story self-
storage facility within 70 feet of a single family (R-1) district.
The project site contains 2.52 acres and is located north of Chapman
Avenue, west of McPherson Road within the Southern
Pacific Railroad right-of-
way.Z1500.0 No. 1136-91)NOTE: Negative Declaration
1381-
91 has
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CITY COUNCIL MINUTES AUGUST 13, 1991
12. PUBLIC HEARINGS (Continued)
The Manager of Current Planning reported the Planning Commission has
reviewed the project. As a zone change, it comes to the Council for
a decision. The City of Orange has not zoned railroad property.
Because the railroad use is now abandoned, the Applicant is
requesting that zoning be placed on the property consistent with the
adjacent property.
The C-1 zoning is consistent with the property along Chapman, and
the R-3 is more consistent with the residential uses further
north. The proposal will include 70,000 square feet of
mini-storage warehouse.There is a gas line easement running down the edge
of the property.This limits the ability to do extensive grading on the
site. It also requires that no buildings be
built over it.The project site is somewhat higher in elevation
than the residential uses to the west. This creates a grade
differential between the proposed use and the backyards of the
residential properties. The Planning commission suggested the Applicant put in
a retaining wall and redo the walls of the neighborhood, cutting
them down and providing a planter area in
the 3-foot separation.MAYOR BEYER
OPENED THE PUBLIC HEARING.Bruce Jordan, 15375 Barranca Parkway #
5106, Irvine, representing the Applicant, indicated they agree with all conditions
of Staff and the Planning Commission, except one. The
new wall configuration will reduce a structural deficiency that presently
exists from when the pipelines were put in and the fill was put
on top. A drainage problem will also be solved by
putting in this wall.About 10 days ago, a letter was sent to
the 13 affected homeowners who back up to the property. Two people called
in favor of the project, one indicated he had discussed
it with several other neighbors,
who were also supportive.There will be fire access. The buildings are
to be constructed of non-combustible materials. The
exteriors will be stucco. The residents will not be able to see
the storage buildings. There will be 600 units, ranging from 5 by 5 feet to
10 by 30 feet. The Applicant has approximately
60 facilities in Southern California.The Applicant requests modifying Condition #37 in the CUP
to a 7 1/2 foot setback. The Planning commission
wanted 10 feet; the Applicant originally proposed 5 feet. It will appear
as a fence at that location. This site has been encumbered
by easements and is quite narrow, so they would like to use as
much of it as possible.There will
be a Resident Manager on-site.from 7:00 a.m. to
7:00 p.m. The Resident
driveways and internal space is
monitored The facility will be open
Manager is able
to view
164
CITY COUNCIL MINUTES AUGUST 13, 1991
12. PUBLIC HEARINGS (Continued)
The following people spoke in favor of the project:
Jeannie Franco, 215 N. Malena Dr.Kris
Peterson, 141 N. Malena Dr.They made
the following points:There are
homeless people living in this area, and others who loiter there. This
problem should be corrected by the project.Property owners will
have more usable land with the proposed grading at the property
line.It was asked if
apartments could be built there in the future,should this property be zoned
R-3.Mr. Peterson asked if
his lot would cause a problem, since his fence juts out to the
property line. The Applicant indicated there is an encroachment onto railroad
property of one foot; the new wall would correct that.The Manager
of Current Planning
commented there was little likelihood that apartments could be built
according to R-3 standards at this site, with the narrowness
of the lot and the gas line easements.However, technically this would
be allowed by the R-3 zoning.Council asked if
anything could be done to guarantee apartments could not be built
on this property at some future date. Council asked the City Attorney if
the Applicant could be required to file a deed restriction, to prevent
it from going into an apartment-type situation. This
City Attorney indicated this would have to be voluntary on
the part of the Applicant.MAYOR BEYER
CLOSED THE PUBLIC HEARING.Council asked
Mr. Jordan about a deed restriction. He indicated they would have
no problem in voluntarily entering into a deed restriction regarding future
development. However, he did point out to the Council that
the improvements for this project are so substantial, it would not
be economically viable to tear them down for another use.MOTION - Barrera
SECOND - Mayor Beyer
AYES - Steiner, Barrera, Mayor
Beyer, Coontz, Spurgeon Moved to accept the findings
of the Environmental Review Board and file Negative Declaration 1381-91.
MOTION Barrera SECOND - Coontz
AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, spurgeon Moved to approve Zone change 1136-
91 as outlined in Planning Commission Resolution No. PC-20-
91, including the deed restriction to which the Applicant
has voluntarily agreed.Page 17
165
CITY COUNCIL MINUTES AUGUST 13, 1991
12. PUBLIC HEARINGS (Continued)
MOTION - Barrera SECOND -
Steiner AYES - Steiner,
Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve
Conditional Use Permit 1906-91 as outlined in Planning Commission
Resolution No. PC-21-91, with a change on
Condition #37 to make the setback 7 1/2 feet.
13. PLANNING AND ENVIRONMENT
13.1 DESIGN REVIEW BOARD APPEAL NO. 2721. APPEAL NO. 3-91: TAPE
2-30 The appeal of a decision made by the Design Review Board
to deny plans and improvements made to an existing
single-family residence located in the Old Towne District at 231 N.
Center street, Robert Brian and Peggy Kirk. (A4000.0
ORB No. 3-91)The Director of Community Development reported that
in 1987, a CUP was approved allowing a second story room
addition to the single family residence. After approval of that CUP,
a building permit was issued and construction was begun. The
homeowner has progressed with the completion of the construction during that
time. There have been several inspections by the Building
Division. However, it was discovered recently that some of the
construction was different than originally
approved with the CUP.After review by the Building and Planning
Divisions of the changes,it was determined the changes should be reviewed
by the Design Review Board. The ORB found the changes were not
consistent with
the Old Towne standards.Councilwoman Coontz commented that the
problem was created by inspections. The Applicant was not
following the recommendations of the ORB. However, after the inspections the
homeowner was allowed to continue with the work. There was not
proper diligence in comparing the physical construction with the plan. This
problem has since been
corrected in that department.Council called on the Senior Historic Planner
for his input. He indicated he had spent a great deal of time with
the owners in trying to resolve the problem. He feels they have
arrived at a compromise on the design, which is acceptable to
the owners. The modifications being proposed would fit with the balance left
on the project and would be acceptable to the homeowner.
The homeowner confirmed his
acceptance of
166
CITY COUNCIL MINUTES AUGUST 13, 1991
13. PLANNING AND ENVIRONMENT (Continued)
The following people spoke:
John Volkoff, 365 N. Cleveland Alice
Clark, 205 N. pine st.They made
the following points:There is
a fundamental problem of owner's rights to his property,guaranteed under the
Constitution.MOTION - Coontz SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, Spurgeon Moved to uphold Appeal No. 3-
91 and put the design and building solutions in the hands of
the Senior Historic Planner, with the recommendations as illustrated to Council.
Council hoped there would be
great diligence on the part of the Planning and Building Department to
make sure this type of problem does not occur again.14.
REPORTS FROM COUNCILMEMBERS - None
15. ORAL PRESENTATIONS - None 16. ADJOURNMENT
MOTION - Mayor Beyer SECOND - Spurgeon
AYES - Steiner,
Barrera, Mayor Beyer, Coontz,
Spurgeon Moved to
adjourn at 9:40 p.m.MARILYN J.
ENSE, C'lSY-, CITY C ERK Page 19