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09-17-1991 Council Minuteslqb CITY OF A APPROVED BY CITY COUNCIL ON OCTOBER 8, COUNCIL MINUTES REGULAR MEETING 1991. ORANGE, CALIFORNIA SEPTEMBER 17, 1991 The City Council of the city of Orange, California convened this 17th day of September, 1991 at 3:00 p.m. in the Council Chambers, 300 E. Chapman Avenue. Oranqe. California. 3:00 P.M.SESSION NOTE: The Executive Session scheduled for 2:00 P.M. in the city Manager's Office, city Hall, regarding labor relations matters, pursuant to Government Code Section 54957.6, was cancelled due to a lack of quorum. 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 - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/INTRODUCTIONS Award from the California Department of conservation recognizing the City of Orange for its efforts regarding recycling of beverage containers was presented to the Mayor and the City Council by the Director of Public Works.Mayor Beyer announced that he, Mayor Pro Tem Barrera and Councilman Spurgeon attended the dedication of the Child Care Center at Rancho Santiago Community college, Orange Campus.1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 156 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council Agenda of a regular meeting of September 17,1991, at Orange Civic Center, Main Library, New Police Facility at 1107 N. Batavia and the Eisenhower Park Bulletin Board; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.Page 1 19 7 CITY COUNCIL MINUTES SEPTEMBER 17, 1991 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.2 Request from Kevin Walsh, 318 N. pine street, for relief of violation for vehicle parked in yard while rebuilding home damaged by fire. (R1200.0) Kevin Walsh, 318 N. pine street, addressed the Council regarding a citation he received for living on the premises in a travel trailer while rebuilding his home, which was damaged in a fire about 1 1/2 years ago. He claims the house was broken into several times when he was not living on the premises. He also claims he cannot afford to live elsewhere. Council questioned the procedure for handling this situation. The Code Enforcement Officer reported they have received numerous complaints from neighbors that abut the property. The reconstruction involves more than just fire damage; it is being remodeled as well. Other changes were required by the City with the remodeling, which have delayed the process. The trailer is hooked into City sewers and power, without a required permit. The Code Enforcement Officer indicated the best procedure would have been to apply for a variance through the Planning commission, rather than coming before the Council. She reported Mr. Walsh has had three extensions on removal of the trailer, but he has refused to do so. Council asked how long it would take for the house to become habitable. Mr. Walsh indicated it would be about another two months. He has had problems with the contractor, which have also tied up funds for the project. Council looked at pictures of the trailer and the backyard, and commented that the area should be cleaned up. It appeared to be a fire hazard. A court appearance is scheduled for October 11; his attorney has advised him not to move the trailer until after the court appearance. MOTION - Coontz SECOND - Spurgeon AYES - steiner, Barrera, Mayor Beyer, Coontz, spurgeon ACTION: Moved to refer this matter to the City Manager and City Attorney to designate who will handle this.Council explained that because there is a legal action, the City Attorney should be involved, along with Code Enforcement and Building. The court action will continue through this process.Page 2 198 CITY COUNCIL MINUTES SEPTEMBER 17, 1991 2. CONSENT CALENDAR (Continued) Council felt it was unclear what they were supposed to decide. There are many issues involved: a needed variance, and ordinances that are being violated. The city Attorney should decide what can be done in the interim. 2.3 Request to execute a Quitclaim Deed to Juan and Doris Araujo, quitclaiming all rights to an abandoned waterline easement. D4000.0) ACTION: Authorized the Mayor and City Clerk to execute on behalf of the city. 2.4 Request award of contract to Psomas & Associates for conversion of storm drain system from map sheets to computer geobase in the amount of $28,064.00. (A2100.0 A.1846) Account # 260-5011-485100- 9305 (Geobase System)ACTION: Authorized the Mayor and city Clerk to execute the contract on behalf of the City.2.5 CLAIM FOR DAMAGES FROM: (C3200.0)a. BRIDGET MOWBRAY for an alleged incident occurring on or about June 23, 1991.b. DAVID DAMRON, for an alleged incident occurring on or about February 20, 1991.ACTION: Denied and referred to City Attorney and Adjuster.REMOVED AND HEARD SEPARATELY)2.6 Approve request for grading permit prior to recording final Tract Map No. 14293, Lewis Drive, 500 Ft. east of Windes Drive, George Adams, Jr. (T4000. 9 No. 14293)MOTION - Mayor Beyer SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Spurgeon NOES - steiner ACTION: Approved.2. 7 Request approval of amendment between the city of Orange and Controlled Abatement Service for asbestos abatement at the former Police Facility in the amount of $11,070.00 from Account # 924-9811-481200-9808- 19814 (Civic Center Expansion/Asbestos Consulting Removal). (A2100.0 A.1826.1)ACTION: Authorized the Mayor and City Clerk to execute on behalf of the CITY COUNCIL MINUTES SEPTEMBER 17, 1991 199 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.8 Request authorization to close the Main Library and three branches on September 26, 1991 from 6:00 P.M. to 9:00 P.M. to perform the full load response time performance test on the Automated Library system. (C2500.I) The Library Director requested the date be changed to Thursday, October 17, 1991. The company responsible for doing the test would not be able to do it on the date originally scheduled. This will also allow for more advance notice to the public of the scheduled closing. MOTION - Mayor Beyer SECOND - Steiner AYES - steiner, Barrera, Mayor Beyer, Coontz, spurgeon ACTION: Approved, with the date changed to Thursday, October 17, 1991.2. 9 Authorize the purchase of one (1) triple combination fire engine from Seagrave Fire Apparatus, Inc., Clintonville, WI.,in the amount of $259,925.00, and in accordance with Orange Municipal Code Section 3.08.210 Exceptions to Competitive Bidding Requirement. Account # 720-1331-472102 Replacement Vehicle Fund) (Continued from 9/10/91 Council meeting) ( C2500.H)ACTION: Approved.MOTION - Barrera SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon Items 2.2, 2. 6 and 2.8 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 TAPE 692 3.1 Report from the Solid Waste committee and appointment of AB 939 Task Force community members. (OR1800.0.34.1)The City Attorney indicated the Maddy Act does not apply to these appointments.Page 4 CITY COUNCIL MINUTES SEPTEMBER 17, 1991 200 3. REPORTS FROM MAYOR BEYER (Continued) The Mayor announced the appointment of the following members to the AB 939 Task Force: Dick Bratt, Editor, Orange Independent Dick Broadway, Local Businessman Pat Buttress, So. California Edison Michael Mello, Environmental Office, CHOC Don Scott, City of Orange Planning Commission Jeanne Shirley, Chamber of Commerce, st. Joseph Hospital Gayle Wayne, Orange Unified School District Robert Viviano, Local Businessman Mary Widdows, Community Volunteer The Director of Public Works reported this task force will provide input for the city's Source Reduction and Recycling Plan (SRRE) which must be submitted in preliminary draft form prior to January 1, 1992. MOTION - steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to receive and file report.3.2 Report from Mayor Beyer regarding the Orange Jaycees repayment of $1,200. 00 for the Street Fair. (A2100.0 A.1833)Mayor Beyer reported that a check for $1,200.00 has been received from the Orange Jaycees, in repayment of the loan for the Street Fair.MOTION - Barrera SECOND - Spurgeon AYES - steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to receive and file report. 4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS TAPE 877 5.1 Referral by the Design Review Board regarding the proposed expansion of a playground outside McDonald's Restaurant located at 4200 E. Chapman Avenue. (DRB # 2740) (A4000. 0 No. 2740)The Current Planning Administrator reported the Design Review Board did not see any real problems with the playground, but it was the first time they had been asked to review it. They felt it should be reviewed by the Council, since it would be precedent-setting. The Planning Administrator indicated it meets all the code requirements for height and setback, etc. Council could see no problems with it.Page 5 CITY COUNCIL MINUTES SEPTEMBER 17, 1991 201 5. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued) MOTION - Barrera SECOND - spurgeon AYES - steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved to approve DRB Application #2740.6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8.LEGAL AFFAIRS TAPE 1044 8.1 RESOLUTION NO. 7877 A2100.0 A.1847)A Resolution of the city council of the city of Orange authorizing the execution of a Public Works Cooperation Agreement with the Orange Redevelopment Agency relating to public improvements in the Southwest Project Area (Manchester Complex Fire station).MOTION - steiner SECOND - Spurgeon AYES - steiner, Barrera, Mayor Beyer, Coontz, spurgeon That Resolution No. 7877 as introduced be adopted and same was passed and adopted by the preceding vote.8.2 RESOLUTION NO. 7882 A2100.0 A. 1700)A Resolution of the City Council of the City of orange finally accepting the completion of a certain public work and improvement.841 E. Collins Avenue, Waterwell No. 22, Bid No. 901-11 and Mel smith Electric.MOTION - spurgeon SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, coontz, Spurgeon That Resolution NO. 7882 as introduced be adopted and same was passed and adopted by the preceding vote.Page 6 202 CITY COUNCIL MINUTES SEPTEMBER 17, 1991 8. LEGAL AFFAIRS (Continued) 8.3 RESOLUTION NO. 7883 C2500.M.16.1 LL 91- 8)A Resolution of the City Council of the city of orange approving Lot Line Adjustment LL 91-8 adjusting a Lot Line of certain real property situated on the west side of Batavia Street beginning at a point 504.53 feet north of the centerline of Grove Street. Owners:Con- Way Western Express. MOTION - Barrera SECOND - steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That Resolution No. 7883 as introduced be adopted and same was passed and adopted by the preceding vote. 8.4 RESOLUTION NO. 7884 C2500.M.16.1 LL 91- 9)A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 91-9 adjusting a Lot Line of certain real property situated at the southeast corner of Maple Avenue and pixley Street.Owners: Robert and Sharon Patterson MOTION SECOND AYES Coontz Spurgeon steiner,Barrera, Mayor Beyer, coontz, Spurgeon That Resolution NO. 7884 as introduced be adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS TAPE 1254 Mary Rawuka, 872 Fairmont Way, addressed the Council regarding a problem on the sale of her home, which has been the subject of a law suit. She requested the Council's help. The city Attorney reported the case has gone through the trial court, the Fourth District Court of Appeal, and even to the Supreme Court. The supreme Court denied a hearing. Ms. Rawuka had Legal Counsel from Legal Aid at the trial.The city Attorney felt this problem was not within the jurisdiction of the Council. The Mayor indicated he would pass this information on to Jerry Smith, Director of the orange Senior Center to warn other senior citizens. (R1200.0)Bob Bennyhoff, 10642 Morada Drive, reported the cities may soon be asked to start charging on a per container basis for trash collection. People are recycling so much material, the dumps are not making money. The Mayor indicated the City was aware of this situation, as it was discussed at the Solid Waste Committee meeting.Page 7 CITY COUNCIL MINUTES SEPTEMBER 17, 1991 203 10. ORAL PRESENTATIONS (Continued) Carol Walters, 534 N. Shaffer street, spoke on behalf of Socorro Baca, 313 N. Center street, who has been quite ill. Ms. Baca's son received a ticket from the Orange police for going through a stop sign on his bike. She was happy to see the police cracking down on the bicycles on the street and the sidewalk, and she wanted council to know that her son will be paying for the ticket out of his own pocket. Mrs. Walters also addressed the Council regarding Chapman University's use of two additional parking lots made available to them during construction of their student center. She has surveyed the lots at the Orange Christian Church and the Lemon Street parking lot, and claims very few people from Chapman are using the lots. In addition, some students are giving their parking permits to guests, allowing them to park on Grand. councilman Spurgeon commented when the city first offered Chapman University the use of the Lemon Street parking lot, it was contingent upon the fact that they would have shuttle bus service to the college. Also, they were to provide incentives for people to use these parking lots. councilman spurgeon indicated he wants further reports on interim parking at Chapman during construction of the student center. He would like Chapman to provide, with the coordination of City staff, weekly statistics for the next couple of months on the use of the Lemon Street lot, which has 95 spaces and was offered free, since the City Attorney said was a public lot so no charge could be made. Also, the lot at the Orange Christian Church was made available, which has 40 spaces. Council would like to see documentation and if incentives are not working, where the people are going. Staff will have to determine where these cars are parked. As far as the parking permit problem, councilman Spurgeon deferred to Staff, but he felt it should be investigated. There is still a traffic control problem on Walnut and Center, which the Mayor has addressed in his request to Mr. Dennis. The Mayor indicated the city Staff should verify the reports from Chapman are correct. The Mayor recommended to the city Manager that Chapman should not get 95 spaces if they are not using them. councilman Steiner clarified Mrs. walters' point, that students are parking illegally and are not using the parking lots. Mrs. Walters feels Chapman is using this to get what they want. The Mayor indicated he will again notify the police Department to monitor those streets with permit parking and to issue tickets. The parking permits need to be checked, and if they are being used illegally, they will be pulled and also ticketed. The main purpose of letting them use the Lemon Street lot was to get the cars out of the neighborhoods. If that objective is not being attained, they don't need the lot. There will have to be an agreement between Chapman University and the City that this is going to happen, if we are ever going to be successful. Page 8 204 CITY COUNCIL MINUTES SEPTEMBER 17, 1991 10. ORAL PRESENTATIONS (Continued) councilwoman Coontz commented that perhaps this is being operated on a voluntary basis, and that won't work. The parking spaces need to be assigned to individuals. The easiest people to be assigned would be the staff, because they have regular working hours, where the students have variable class sessions. That might be the best way to put it to Chapman. There is a certain amount of counterfeiting of the passes; they had one in Public Works. Mrs. Walters also mentioned a hole on Grand, the South Rose exit for Chapman University. She called the University and talked to the president a long time ago. The hole is still there and if someone gets hurt, the City and Chapman will be held responsible. The Mayor referred the matter to the Director of Public Works for resolution. Larry Bonham, 332 S. Olive Street, addressed the Council regarding a situation of what he felt was police brutality against Gail Berardenelli, a homeless woman who was sleeping in the Ainsworth House. He claims she was roughly handled; the situation occurred on August 8 or 9, 1991. The Mayor was aware of the situation. However, he was aware of no unnecessary roughness. The Mayor will ask the Police to investigate. RECESS AND COUNCIL RECONVENED AT 7:00 P.M. The City Council recessed at 4:30 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: city of Oranqe vs. Donald D. Greek, Orange County Superior Court Case No. 64 27 01 b. To confer with its attorney regarding potential litigation pusuant 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. Page 9 205 CITY COUNCIL MINUTES SEPTEMBER 17, 1991 7:00 P.M. SESSION 11.INVOCATION - Pastor David Donnell, Grace Baptist Church.11. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 11. 2 ANNOUNCEMENTS - None 11.3 INTRODUCTIONS Mayor Beyer welcomed students from Mr. DeFalco's American Government class at Villa Park High School.11.4 PROCLAMATIONS Mayor Beyer read a proclamation honoring the 25th anniversary of the orange Junior Soccer Club, and proclaimed the week of september 15-21, 1991 as Youth Soccer Week in the city of Orange and also designated the third week of September as Annual Soccer Week. The President of the Orange Junior Soccer Club accepted the proclamation on behalf of the club.11. 5 PRESENTATIONS 12. PUBLIC HEARINGS TAPE 2552 12. 1 TENTATIVE PARCEL MAP 90-346. NAGUI MANKARUSE: (C2500.M.16.1) Time set for a public hearing on petition by the Nagui Mankaruse to consider Tentative Parcel Map 90-346, a request to allow the conversion of a duplex apartment into two condominiums. subject property is classified R-2-6 (Residential Duplex District), and is located on a rectangular shaped 5,995 square foot parcel of land on the west side of Foley Place south of Almond Avenue ( 256- 258 S. Foley Place) .NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act ( CEQA) per CEQA Guidelines section 15301.The Current Planning Administrator reported the property is developed with a duplex on a single lot just under 6,000 square feet in size.The two-story duplex apartment was constructed in 1976, as was the entire tract of duplexes. Normally, this would be considered an ownership change and the tentative tract for it would be processed.In this case/ there are only two units. Because of this, the Planning Commission had some concerns. First of all, the units proposed for conversion are attached. They share a common wall. The Planning Commission was concerned this type of approval might set a precedent, where attached units would come under two owners, and a homeowner's association would have to be set up to maintain the common property. with only two homeowners, it might be difficult to reach agreement if there 206 CITY COUNCIL MINUTES SEPTEMBER 17, 1991 12. PUBLIC HEARINGS (Continued) The Commission opined that approval of the project might allow widespread conversion of similar properties, resulting in de facto, substandard 3,000 square foot properties. They recommended denial of the action. Because it is a tract map, it comes to Council automatically for consideration. There have been two prior two- unit condominiums approved in the city. These were approved as new projects, not as conversions, and the units are detached.MAYOR BEYER OPENED THE PUBLIC HEARING.The following people spoke in favor of approval of the project:The Applicant Nagui Mankaruse, 4051 Ondine Circle, Huntington Beach,indicated the units are independent, except for a common wall in between, and a common fence in the backyard. The quality of the structure meets Code requirements. The only change needed is separating the water meters.He addressed the concerns of the Planning Commission. He is not asking for a lot split, it would be owned 50% by each owner. The legal definition of a condomium does not require a division line of the land. Regarding the concern about this being in a historic area,this is not a historic building and will not be changed structurally.He presented the Council with two sets of C C & R's for projects located within the County. He proposed to meet the approval of the City Attorney, when drafting the C C & R. Sunset Beach and Yorba Linda have these types properties available. He feels homeowners take better care of their property than renters. He claims it would create a better situation with stability of the residents in the neighborhood.This would not decrease the amount of rentals in the area, based on the staff report, which says there is no impact on the available rentals in the area. This would also create reasonably- priced homes for first-time homebuyers. The Applicant intends to keep one unit and sell the other.Council commented it had just learned The Irvine Company is doing condo conversions to over 1,000 apartments. Staff was asked if any concern was raised about the housing stock of rental units being affected by The Irvine Company's actions. The Director of Community Development indicated concern was expressed in the newspaper article.The Current Planning Administrator indicated The Irvine Company apartments were approved as condominiums, but were used as rental units. They are now being returned to their original 207 CITY COUNCIL MINUTES SEPTEMBER 17, 1991 12. PUBLIC HEARINGS (Continued) Vicky Taketa, 404 S. Grand, spoke in favor of approval. She mentioned she and her husband also own property with two homes on it, which they hope to split. She is a licensed real estate agent, and feels affordability is an important issue that Council should consider. She feels this is a good idea for first-time homebuyers.Any disagreements could be settled through arbitration. The Real Estate Board can be used to handle disputes over the C C & R' s.Council asked Staff to give them an idea of some of the broader implications, since there could be a steady parade of these requests,starting with the Applicant. The CUrrent Planning Administrator indicated a major concern was whether a two- party homeowners'association would work. The City has no experience on whether this would be a problem. The Planning commission felt R-2 neighborhoods should be left as income property, rather than condominiums. The majority of other cities polled knew of one or two other projects processed as two-unit condominiums. They had no experience with it,as to whether it is a problem.Councilwoman Coontz commented that because of the impact in the Southwest quadrant, which has a lot of focus because of overcrowding and a number of different problems, she felt that approval would not be in the best interest of the community at this time. Studying that entire quadrant has been discussed, with its forms of housing, crime statistics, etc. with the number of units in the complex in question, conversion could be of interest to other people and there could be twice as many applications. There have been a lot of problems with condo conversions and a number of them have been turned down.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.MOTION - Coontz SECOND - Mayor Beyer AYES - Mayor Beyer, Coontz, Spurgeon NOES - steiner, Barrera Moved to deny Tentative Parcel Map 90-346 as outlined in Planning commission Resolution No. PC-31-91, for the reasons given by the Planning Commission and concerns about the impacting of the Southwest quadrant.Councilman Spurgeon indicated he would favor it if it were done in one big sweep. He felt taking a piecemeal approach was not a wise way to plan in this or any other area of the 208 CITY COUNCIL MINUTES SEPTEMBER 17, 1991 12. PUBLIC HEARINGS (Continued) councilman Steiner commented he would like Staff to give a bigger picture of what's happening around, not just Orange county, but around California. He would have liked more information before making a decision. Looking at just land use, he does not feel it complicates things for the City of Orange: it does not increase density, it brings ownership and some advantages that are described. There are a lot of unanswered questions, and while the vote may be to deny this, it will probably not be the end of this issue. It will probably be back before Council in the future, so Staff should take a look at this issue. Mayor Pro Tem Barrera mentioned this concept is something we are going to see more of in the future. He would support it. 13. PLANNING AND ENVIRONMENT - None 14. REPORTS FROM COUNCILMEMBERS - None 15.ORAL PRESENTATIONS TAPE 4132 Kay Martini, 638 E. Walnut, told the Council she had come to see all the plans for the Chapman student center, which Councilman steiner had indicated at the meeting he would have available. Councilman Steiner apologized for the misunderstanding, stating he had reviewed the plans with Staff the next day. He indicated the plans were posted at Chapman for a number of weeks, and Carol Walters, the Chapman liaison, has reviewed them. The plans will be available in the Planning Department for her to review, if she so desires.16. ADJOURNMENT MOTION -SECOND - AYES Barrera Spurgeon Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to adjourn at 8:00 p.m.ILYN J. ~ NSE eM . CITY CLERK Page 13