11-26-1991 Council Minutes322
CITY
OF A
APPROVED BY CITY COUNCIL ON DECEMBER 10,
COUNCIL MINUTES
REGULAR MEETING
1991.
ORANGE, CALIFORNIA
NOVEMBER 26, 1991
The City Council of the City of Orange, California, convenes this
26th day of November, 1991 at 3:00 P.M. in a Regular Meeting in the
Council Chambers. 300 E. Chapman Avenue. Oranae. California.
3:00 P.M. SESSION
1. OPENING
1.1 PLEDGE ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - steiner, Barrera, Coontz, Spurgeon ABSENT -
Mayor Beyer NOTE: Councilman
Spurgeon announced Mayor Beyer had recently had elective
surgery and is recuperating nicely. The Mayor is expected to
return to work the first week in December.1.3
APPROVAL OF MINUTES Regular Meeting -
November 12, 1991 MOTION - steiner SECOND -
Coontz AYES - steiner,
Barrera, Coontz, Spurgeon
ABSENT - Mayor Beyer ACTION: Approved.Regular
Meeting - November 19, 1991
MOTION SECOND
AYES ABSENT Coontz Steiner steiner, Barrera,
Mayor
Beyer
Coontz,
Spurgeon
ACTION: Approved.
1.4
PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS
Resolution No. 7907
was presented
to Carl
H. Gaither, Public Works Department,
commending him for 29 years of loyal and dedicated service.
The Director of Public Works presented Mr.Gaither a plaque
from local contractors.1.5 PROCLAMATIONS Christmas Cantree Week,
December 9 - 12, 1991 was presented
to Barbara Hodges,
representing the East Orange County Board of Realtors.Page 1
J 2!
COUNCIL MINUTES NOVEMBER 26, 1991
2.CONSENT CALENDAR TAPE 409
2.1 Declaration of city Clerk Marilyn J. Jensen declaring posting
of City Council Agenda of a regular meeting of November 26,
1991, at Orange civic Center, Main Library, 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 Mayor and Director of Finance to draw warrants on
City Treasurer in payment of demands.
ACTION: Approved.
2.3 Request to approve the program and no-cost agreement
between the City and Tel-Adjust of Beverly Hills for
auditing Pacific Bell and AT&T telephone tariffs and bills. (A2100.0.
A.1883)ACTION: Authorized the Mayor and City Clerk to
execute on behalf of
the City.2.4 Request approval of the donation of unusable fire
equipment to the City's sister City, Queretaro, Mexico. (
P2500.0)
ACTION: Approved.REMOVED AND
HEARD SEPARATELY)2.5 Request from Boonchoo & Sengdao Vonhgruksukdi, 2238
E. Walnut Avenue, for reconsideration of Council approval for
a "granny flat." (C3300. 0
CUP 1881-90)The Mayor pro tern recognized the following
speakers opposed
to the request:Betty Roberts, 1752
N. Morningside st.Paul Kelly,
2329 Oakmont Ave.Lloyd Mihm,
2243 E. Walnut Jeff Gruse, 2222 E. Walnut, representing
himself and several neighbors who could not attend the meeting
because of work Al Van Horn,
2237 E. walnut
Their comments were:The granny flat no longer conforms to the City'
s codes and regulations
governing granny flats.It exceeds liveable square feet allowed
by approximately 250 sq. ft. and no longer has a garage
required
for vehicle parking.There are four cars at
the home
24
COUNCIL MINUTES NOVEMBER 26, 1991
2. CONSENT CALENDAR (Continued)
According to the Code Enforcement Division, the owner signed
a notarized statement before any construction had started
indicating they would not alter the granny flat in any way.
It is felt they intended to alter the granny flat from day
one, because of the skylight and the bedroom type window in
the garage.
If the family needs more room to live with their Mother and
daughter, they should live in their 3 bedroom, 2 bath house.
There is reason to believe they planned all along to move into
the granny flat and lease out the home because the home is
paid for and the rent would help subsidize the daughter's
college expenses.
The neighbors want the structure to conform with Conditional
Use Permit 1881-90
now.Mr. Carlson was the builder of this
conversion.speaking in
favor:Bud carlson, 21442 Sterling Dr., El
Toro Boonchoo and Sengdao
Vongruksukdi Their comments
were:There is parking on the
street.They are not infringing on the neighbors rights in any
way.Their daughter wants to go to college and they cannot
afford to send her and take care of the
mother.If the garage is converted to living quarters, three cars
can park in the
driveway.Council discussion ensued relative to the past history
of granny flats, noting many people are still upset that they
are even allowed in residential zones; there is the
overcrowding problem; plus people wanted the granny flat for a
relative,not for apartment living. This brings down the R-
1 zoning.Also, if one person is allowed to proceed,
the regulations would be meaningless in total across
the board.Mayor pro tem Barrera remarked there was concern from
some of the neighbors regarding the Edison easement where
the high tension wires are situated in
the
area.
MOTION
SECOND
AYES
ABSENT steiner
Coontz Steiner, Barrera,
Mayor Beyer Coontz,
Spurgeon ACTION:
Moved to support staff's recommendation, and deny the request.
The Community Development Department was instructed to
ensure that the original plan and permit are complied with.Page
3
325
COUNCIL MINUTES NOVEMBER 26, 1991
2. CONSENT CALENDAR (Continued)
2.6 Request approval of a third amendment to the Joint Powers
Agreement with the City of Santa Ana. (A2100.0.A.1023.3)
ACTION: Approved.
2.7 Request the installation of time limit parking and/or a
loading zone at 145 N. Lemon Street. (S4000.S.3.1)
ACTION: Approved installation of a yellow loading zone.
2.8 Request installation of red curb and a loading zone at 2829 N.
Glassell st. (S4000.S.3.1)
ACTION:
of each
between
Approved the
driveway, and
driveways.
installation of red curb on the outside
91 ft. of white passenger loading zone
2.9 Request installation of STOP signs at the intersection of
California Street and Dana Place. (S4000.S.3.3)
ACTION: Denied.
2.10 Request approval of Parcel Map No. 90-335, and
accept dedication of Bond Avenue and White Dove
Avenue.C2500.M.16.
1)ACTION:
Approved.2.11 Request approval of an agreement between the County
Sanitation District No.1 of Orange County, the City of Santa Ana and
the City of Orange. (A2100.0.A.
1884)
Funding:920-9811-
483300-5557 $
150,000 Southwest
Redevelopment)924-
9811-783200-5557 550,000 Southwest Redevelopment)ACTION: Authorized the
Mayor and City Clerk
to
execute on behalf of the City.CORRECTION: Mayor Beyer
was
absent for
3 2 6 COUNCIL MINUTES NOVEMBER 26, 1991
3. REPORTS FROM MAYOR BEYER - None 4.
REPORTS FROM COUNCILMEMBERS TAPE 2731 4.
1 Report from Councilwoman Coontz and Councilman steiner reaardina
a reauest to direct the citv Manaaer to enter into a contract
with Ernst & Youna to prepare a Lona-Ranae Financial Plan.
and to appropriate $52.000.00 from the General Fund Reserves to
Account No. 100-0101-426700 (Other Professional
and Consultina Services) for this purpose. (
C2500.D)NOTE: This item was discussed after the City Manager's
report, see
Page 8.5.REPORTS FROM CITY CLERK
TAPE 1221 5.1 Report from the city Clerk reaardina the percent
of protests certified for Annexation Nos. 392. 393 and 394 (
Fairhaven Islands)continued from 11/12/91. See Resolution Nos. 7902. 7903
and 7904.paaes 7 and 8) (A3100.0 Nos. 393,
393, 394)The city Attorney reported at the council meeting of
November 12,1991, Council asked whether it would be legally
permissible to abandon the subject annexation procedures at this point, and
save the cost of the election. It was opined, after LAFCO closes
its hearing,and the city proceeds with annexation hearings, it appears it
is not legally permissible to abandon or withdraw from the
proceedings. The act sets forth certain mandatory actions that have to
be followed once the process goes
into motion.Since the group gathering signatures of the landowners
had twelve days, instead of fifteen, it is arguable the group was
not prejudiced by the lack of time, because they got enough signatures
of landowners to force an election. However, the Cortese/Knox Act
does suggest that the notice requirements are mandatory. NOTA has
indicated they think this loss of the three days has adversely
effected their ability to obtain enough signatures to try to defeat
the annexation.The City Attorney recommended the protest hearing be
renoticed to give over fifteen days during which protest signatures
may be gathered. It was opined that no one would be prejudiced
by opening the public hearing again, and allowing over fifteen days, or up
to 60 days to collect signatures. The cortese/Knox Act
describes the petition gathering period from the time the notice is
published until the time of the
protest hearing. ~The city Clerk announced the Election Code has a
petition format which is available. Also, should there not be enough
signatures, and an election be held, the April election date would not
longer be available. Elections in June and/or November are
consolidated and will raise
the costs.
327
COUNCIL MINUTES NOVEMBER 26, 1991
5. REPORTS FROM CITY CLERK (Continued)
Clemmet Kramer, 12881 Wheeler Place, Santa Ana, complained about the
annexation process.
The City Clerk responded to a question regarding the publication of
the legal notice for the protest hearing. She reported the newspaper
of general circulation for the City of Orange is the Orange City
News. Any other publication would have to be ordered by the
Council. Council felt the city Clerk should publish the notice in
another metropolitan newspaper of the area.
MOTION - Coontz SECOND -
Spurgeon AYES - Steiner,
Barrera, coontz, Spurgeon ABSENT - Mayor Beyer
Moved to direct the
City Clerk's office to renotice the protest hearing. The window of
time to acquire signatures to be in correspondence with the earliest
election date possible, and to be coordinated by the City
Attorney and the city Clerk.6. REPORTS FROM BOARDS.
COMMITTEES AND COMMISSIONS TAPE 2015 6.1 Accept with
rearets. resianation from Rudolph F. Diaz from the citizens Housina Task Force.
Instruct the citv Clerk to beain the Maddv Act reauirements. (OR1800.
0.4 2.1)MOTION - steiner SECOND - Spurgeon
AYES - Steiner, Barrera,
Coontz, spurgeon ABSENT -
Mayor Beyer Moved to accept the
resignation; sending a letter
of regrets to Mr.Diaz.6.2 Reappointment of Dennis Blake and
Bill
Holt to the Parks.Recreation and Cultural Arts Advisorv Commission. terms to
expire.12/1/93. (OR1800.0.10)MOTION - Coontz
SECOND - Spurgeon AYES - Steiner, Barrera, Coontz,
Spurgeon ABSENT - Mayor
Beyer Moved to
ratify the reappointments.7. ADMINISTRATIVE REPORTS -
None Page 6
328
COUNCIL MINUTES NOVEMBER 26, 1991
8.REPORTS FROM CITY MANAGER TAPE 2051
8.1 Report on Phase I - Cost Reduction 1991/92 FY Recommendations C2500.
J.1.1)The
City Manager commented his detailed report contained the status of
the budget for 90/91 and 91/92, as well as where we have been regarding
revenues and where we think we are going given the state of the
economy. In 89/90 the City's revenue, sales tax, was at 22,
348,941.00. In 90/91 it fell approximately 10% to about 20,
000,000.00; it's estimated this will fall another 8% to about 18,
500,000.00 in 91/92. It is anticipated the latest sales tax information
will be sent by the State after December 15, 1991.In
view of these revenue projections, the following cuts are being recommended
for phase I: 1) Cancel the Department Head Christmas Party
scheduled 12/17/91; 2) Cancel the winterfest Program,scheduled
12/8/91, and cancel for 1992 also. Substantial funds have already
been committed for 12/8/91, and will be lost if cancelled. A number
of local organizations will be severely impacted if this event is
cancelled. 3) Suspend the traditional employee extra four-hour
paid leave on Christmas Eve or New Years Eve, not contained in the
employee collective bargaining agreements. 4) Direct staff to confer
with the employee bargaining units to discuss implementing a program
of voluntary furloughs.
The Library Director has submitted a memo regarding voluntary
furloughs within the Library system. The Library Director is
recommending the main library remain open, but direct all branch
libraries to be closed for the week between Christmas and New Years,
with branch libraries closing at noon on 12/24/91 and reopening at
10:00 A.M. 1/2/92.
council discussed the winterfest issue, noting the city would lose
10,750 of deposits and purchases, however, it would cost the City
more in goodwill rather than lost contracts.
A study session was suggested to discuss with the public the major
cuts being proposed because of the 4.6 million dollar shortfall. The
Chamber of Commerce has expressed an interest in this issue. The
budget goals and objectives have not yet been achieved. Also,
voluntary furloughs could be threatening at a time when the City
wants people to feel they are a part of the City of Orange family,
and that Council is not being punitive to the employees during tough
times.
Setting priorities is important, but the morale of the city work
force is just as important, because morale is directly tied to
productivity.
The Advertising and Promotion expenses and budget need to be
reviewed, as well as the council budget line items. Also, Council
should review all Department Head suggested budget cuts.
Page 7
329
COUNCIL MINUTES NOVEMBER 26, 1991
8. REPORTS FROM THE CITY MANAGER (Continued)
MOTION - Spurgeon SECOND -
Coontz AYES - Steiner,
Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer
Moved to cancel the
Department Head Christmas Party scheduled for 12/17/91.MOTION -
Coontz SECOND - Spurgeon
AYES - Steiner, Barrera,
Coontz, Spurgeon ABSENT -
Mayor Beyer Moved to schedule a
Council study Session, December
18, 1991, to include notification to the Chamber of Commerce and
other interested parties, and instructed staff to have materials prepared
in order to go immediately into the subject.MOTION - Steiner SECOND -
Coontz AYES - Steiner, Barrera, Coontz,
Spurgeon ABSENT - Mayor
Beyer Moved to
direct that the Main Library remain
open, but direct all
branch libraries be closed for the week between Christmas and New Years,
with branch libraries closing at 12:00 Noon, Tuesday, December 24,
1991 and reopening at 10:00 A.M. on Thursday, January
2, 1992.4.1 Report from Councilwoman Coontz and Councilman Steiner reaardina a reauest
to direct the city Manaaer to enter into a
contract with Ernst & Youna to prepare a Lona-Ranae Financial Plan.and
to appropriate $52.000.00 from the General Fund Reserves
to Account No. 100-0101-426700 (Other Professional and consultina Services) for
this purpose.Councilwoman Coontz reported this item
was requested to be
placed after the budget reports. The budgetary constraints needed to
be discussed first.This would be a long range financial
model. The
major programs in the City have been growing in cost faster than
major revenue categories, such as sales tax. A model, as proposed,
would assist the City in predicting future financial intake, and would
be a better way of determining both the probables and uncertainties. There
have been a number of unbudgeted projects that have gone
beyond the original projections. This model will help to determine the
truth so we can provide the citizens with the best possible
response to basic needs, and help to assure that we would not
be spending the money foolishly.Page 8
3 3 0 COUNCIL MINUTES NOVEMBER 26, 1991
4. REPORTS FROM COUNCILMEMBERS (Continued)
Councilman steiner suggested this item be deferred for further
discussions. The City has major challenges ahead, especially on a
long-range basis. The state is in a difficult position today
because no one has looked at what the long-range future is for the
State in terms of the producers of revenue and consumers
of services.Councilwoman Coontz reported on the following four
policies relating to
the model:1. A policy establishing minimal reserves by
category, civil liability, worker's compensation., civil disaster,
reserve for vacation and sick leave
liabilities, etc.2. A policy requiring that one-time monies in
the general government accounts be allocated to capital projects, not the
City's general operations where cash
flows become distorted.3. policies establishing allocations
of redevelopment revenues between public infrastructure projects and
private, on-
site economic development projects.When the City started Redevelopment, the idea
was to engender more sales tax, and the City has gotten into a
situation where more money has been spent on those projects that do
not return sales tax.4. Policies concerning routine review of the model
by the Council so that all Councilmembers have a firm understanding
of the City's strengths, weaknesses, and limits
on
our
financial
capability.
MOTION SECOND
AYES ABSENT
Coontz steiner Steiner,
Barrera,Mayor Beyer
Coontz, Spurgeon
Moved to continue this item to a date not certain.
9. LEGAL AFFAIRS
9.1 RESOLUTION NO. 7902
A Resolution of the City Council of the city of Orange ordering
territory designated as Annexation 392 be annexed to the City of
Orange, subject to an election to be held April 14, 1992.
A3100.0 No. 392)
Unincorporated territory located generally north of Fairhaven Avenue
and east of Yorba st.) (Continued from 11/12/91)
MOTION - Spurgeon SECOND -
Coontz AYES - Steiner,
Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer
Moved to remove from
the Agenda Items 9.1, 9.2 and 9.3.Page 9
331
COUNCIL MINUTES NOVEMBER 26, 1991
9. LEGAL AFFAIRS (Continued)
9.2 RESOLUTION NO. 7903
A Resolution of the City Council of the City of Orange ordering
territory designated as Annexation No. 393 be annexed to the city of
Orange subject to an election to be held April 14, 1992.
A3100.0 No. 393)
Unincorporated territory located generally north of Fairhaven Avenue
and west of Prospect st.) (Continued from 11-
12-91)Removed from the Agenda, see vote count on
Page 9).9.3 RESOLUTION
NO. 7904 A Resolution of the City Council of the City of
Orange ordering territory designated as Annexation No. 394 be annexed to the
City of Orange subject to an election to be held April
14, 1992.A3100.0
No. 394)Unincorporated territory located generally north of
Fairhaven Avenue and east of Prospect st.) (Continued
from 11-12-91)Removed from the Agenda, see vote
count on Page 9).9.
4 RESOLUTION NO. 7908 A Resolution of the
City Council of the admission of the City
of Lake Forest
as Transportation Corridor Agency.City
of Orange approving the a
part of Foothill/Eastern A2100.0.
A.1147.B.
1)MOTION - steiner
SECOND - Spurgeon AYES - Steiner, Barrera, Coontz,
Spurgeon ABSENT - Mayor Beyer
That Resolution No. 7908 as introduced be adopted and same was passed
and adopted by the preceding vote.
9.5 RESOLUTION NO. 7909
A Resolution of the city Council of the City of Orange finally
accepting the completion of a certain public work and improvement;
Bid No. 912-07; R. A. Ruiz Construction; Northwest corner
of Esplanade Street and La Veta Avenue. (A2100.0.A.
1843)MOTION - Coontz
SECOND - Barrera AYES -
Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor
Beyer That Resolution No.
7909 as introduced be adopted and same was passed and adopted by
the preceding vote.Page 10
3 3 2 COUNCIL MINUTES NOVEMBER 26, 1991
9. LEGAL AFFAIRS (Continued)
9.6 ORDINANCE NO. 24-
91 An Ordinance of the City Council of the City of Orange
amending Ordinance No. 19-91 concerning parking prohibition
for street sweeping to correct orange Municipal Code Section 10.39.
50 to 10.38.060. (S4000.S.3.
1-Street Sweeping)
MOTION - Spurgeon SECOND -
Barrera AYES - Barrera, Coontz, Spurgeon
NOES - steiner ABSENT -
Mayor Beyer That Ordinance
No. 24-91 have first reading waived and same was set for
second reading by the preceding vote.10.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11.
ORAL PRESENTATIONS Dorothy
Gibson, 3032 Oceanview street, requested an urgency ordinance prohibiting
airconditioners from side yards of homes due to noise problems,
effective immediately.The
City Attorney indicated no action could be taken, since there is no
written ordinance, and recommended staff review the request.Mayor
pro tem Barrera announced staff would review the request, as well
as the Zoning Ordinance Update Committee.Mary
Rawuka, 872 Fairmont Way, spoke on the housing problems she has been
experiencing. Mayor pro tem Barrera invited her to make an appointment
to see him and discuss the problems.Carol
Walters, 534 N. Shaffer st., reported problems have surfaced regarding
the guest parking permits and the regulations concerning the
registered owners. Chapman College students have made illegal permits,
and they should be given more than just a ticket.Mayor
pro tem Barrera referred the issue to the Department of Public Works
for an investigation.Page
11
333
COUNCIL MINUTES NOVEMBER 26, 1991
RECESS AND COUNCIL RECONVENED AT 7:00 P.M.
MOTION
SECOND
AYES
ABSENT
Barrera Coontz
steiner, Barrera,
Mayor Beyer Coontz,
Spurgeon The City
Council recessed
to a Closed Session at 4:58 P.M. for the following purposes:a. To
confer with
its attorney regarding pending litigation pursuant to Government Code
Section 54956.9(a), to wit:pomales vs citv of
Oranae, Orange County Superior Court Case No. 63 78
80.D. Lee vs. citv
of Oranae. Orange County Superior Court Case No. 66 85
88.b. To meet and
give directions to is authorized representative regarding labor relations matters
pursuant to Government Code Section 54957.6.c.
To confer with
its attorney regarding potential litigation pursuant to Government Code
Section 54956.9(b) (1).d. 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 12. INVOCATION Rector Virginia
Irwin, Trinity Episcopal Church 13.1 PLEDGE ALLEGIANCE
TO THE FLAG 13.2 ANNOUNCEMENTS - None
13.3 INTRODUCTIONS - None 13.
4 PROCLAMATIONS - None 13.5
PRESENTATIONS Presentation of portrait of
Miss Orange, Audra
Murphy.Miss Orange introduced Board of Directors, Marilyn
J. Jensen,Sandy Hoadley and former Miss Orange, Jennifer
Lopez.Mayor pro tem Barrera presented Ms. Lopez
with her portrait as Miss orange 1990, which hung at City
Hall during her reign.Page 12
3 3 4
COUNCIL MINUTES NOVEMBER 26, 1991
14.PUBLIC HEARINGS TAPE 3718
14.1 GENERAL PLAN AMENDMENT 3-91-A. ZONE CHANGE 1134-
91. COUNTY OF ORANGE: (C2300.
E GPA 3-91-A)Time set for a public hearing on petition by
the County of Orange to consider General Plan Amendment 3-
91-A to change the land use designation of property
from Open Space/Parks to Low Density Residential, 2
to 6 dwelling units per acre; and Zone Change
1134-91 to reclassify property from R-O (Recreation _Open
Space) District to Rl-8 (Residential, Single Family, minimum lot size 8,
000 sq. ft.) the western third portion ofthesite,approximately ten acres; and R1-10 (Residential, Single Family,minimum
lot size 10,000 sq.
ft.), the eastern two-thirds portion of the site, approximately twenty
acres.The project site is approximately 30 acres in size, undeveloped,
and is
located south of the intersection of Rancho Santiago Boulevard
and
Hewes Street.NOTE: Negative Declaration 1376-91 has been prepared
for this project.The Director of Community Development announced he had submitted
a request for continuance of this item to January 14, 1992. A
letter was received today from the County of Orange signed
by Robert FiSher,
Director of Harbors,
Beaches and Parks,
concurring with the January 14, 1992
date.MOTION - Steiner SECOND -
Coontz AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Barrera Moved to grant the
request to continue this item
to January
14, 1992
at 7:00 P.M.14.2 TAPE 3771
APPEAL NO. 391. ZONE CHANGE 1137-91, PAUL M. KUEFLER:Time set for
a public hearing on petition by Paul M. Kuefler to appeal
the decision by the Planning Commission on October 21,
1991 denying Zone Change 1137-91, to allow the reclassification of
property from R-1-7 (Single Family Residential minimum lot size 7,000
sq. ft.) to R-2-7 (Residential Duplex minimum lot size
7,000 sq. ft.)District, while retaining a low density (2-6 units per acre) General Plan Land Use Designation. The project site consists
of two steeply sloping vacant parcels of land with a combined
area of 25,265 sq.ft., located
southwest of the intersection of Tustin Street and Santa
Ana
Canyon Road. (
335
COUNCIL MINUTES NOVEMBER 26, 1991
14. PUBLIC HEARINGS (Continued
THE APPELLANT STATES THE FOLLOWING REASONS FOR APPEAL:
Rezoning permits structure consolidation, minimizes slope
disruption, permits site development economies, increases landscape
areas. Land topography unattractive for economic SFR development.
Undesirable view directly into rear of adjacent commercial
buildings. North side abuts 100% commercial, east across Tustin 100%
commercial, south R1 completely isolated, west (vacant) R1 completely
separated from Kuefler property both visually and by access. R2
permits smooth transition between R1 and Commercial. It associates
more closely, is completely compatible with land use that visually
and physically surround the property. Property is the only R1 that
exits on Tustin Avenue between Santa Ana Canyon and Chapman."
MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.
The Director of Community Development reported there is commercial
zones to the north and east of the property, immediately north, is a
motel at the corner of Santa Ana Canyon Road and Tustin Street; to
the south and west of the property are single family residential
properties.
A similar request was presented to Council ten years ago that was
denied because of the steep driveway, impact of increased traffic on
Tustin Street, and greater fire protection would be created.
The driveway on the property remains at a maximum of 12%, and will
require grading to create pads for development.
The Planning Commission denied the application because the proposed
zoning is incompatible with the adjacent existing development.
Speaking in favor:
Ken Kuefler, 62 Meadowview Dr., Pomona
Paul Kuefler, 17992 Darmel Place, Santa Ana, Appellant
Ken Kuefler gave a video presentation of the property describing
surrounding land uses. The property abuts directly against the
commercial to the north; the motel and convenience store. The
property to the west on Santa Ana Canyon Rd. is barely visible from
their property. The request for rezoning is to permit one duplex on
each of the lots. This is the only R-1 property on Tustin Street
in the City that directly enters and exits off Tustin Street. As far
as traffic control, it is proposed to install a "right turn only"
sign on the driveway. There is also a fire hydrant in close proximity
of the house. The driveway will be 20 ft. The multiple
family residence will lower the unit construction cost and will result
in affordable family housing for the
area.Paul Kuefler commented the entrance to the lots are at the rear
of the motel, which is not compatible to single family zoning. The
area is very noisy because of traffic. It would be difficult to
construct R-1 housing and justify a fair economic return. R-
2 would enhance the neighborhood and have zero effect on the
adjacent R-
3 3 6 COUNCIL MINUTES NOVEMBER 26, 1991
14. PUBLIC HEARINGS (Continued)
There would be an easement given to the second parcel to resolve the
access concern. There would be no objection to having one parcel
with four units.
Councilmembers expressed concern about the access because of the
steepness of the driveway and the fact that the other R-1-
7s appear to all come off Hillview street, where the only access
to this property is
Tustin street.The Director of
Community Development Department reviewed the
access issue.possibly restricting turns in
and
out only.commented
the Traffic The
discussion included of the driveway to
right turn Speaking
in opposition:Richard Villa, 17376 Santa Ana
Canyon Road Robert Calopy, 1746 E. Santa Ana
Canyon Road Gertrude Reed, 1716 Santa Ana
Canyon Road Their
comments were:Affordable housing would involve children, and a larger
outside area for their recreation. They would spillover into
the neighborhood.The neighborhood has experienced burglary problems and
problems with children in
the area.The majority of this project will be facing Santa Ana
Canyon Road.The property to the west is undeveloped and is an open
habitat for animals and a
bird sanctuary.The four way stop sign is dangerous because many people
run through
the sign.THERE BEING NO FURTHER COMMENTS, MAYOR PRO TEM BARRERA
CLOSED THE
PUBLIC HEARING.Council commented there are many constraints on the property,
it is landlocked and has a very steep hill, with a residential
access off
Tustin Street.MOTION -
Spurgeon SECOND - Steiner
AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT -
Mayor Beyer Moved to
accept the findings of the Environmental Review Board to file Negative
Declaration 1386-91.MOTION -
Steiner SECOND - Spurgeon
AYES - Steiner, Barrera,
Coontz, Spurgeon ABSENT - Mayor Beyer Moved
to deny Appeal No.
391 based on the Planning commission's recommendation finding that nonconformance of
the proposed zoning to the surrounding single family residential
neighborhood.Page 15
COUNCIL MINUTES
337
NOVEMBER 26, 1991
14. PUBLIC HEARINGS (Continued)
TAPE 6593
14.3 TENTATIVE TRACT MAP 14551. ADMINISTRATIVE ADJUSTMENT PERMIT
91-19. STEPHEN D.
CUNNISON:Time set for a public hearing on petition by Stephen D. Cunnison
to consider Tentative Tract Map 14551 to allow the subdivision of
an existing 1.17 acre parcel into six parcels for future development
of single family residences, and Administrative Adjustment Permit
91-19 to allow the creation of three of the parcels with less than
the code required minimum lot width. (T4000.0.
No. 14551)The property is zoned R-1-7 (
Residential Single Family District,7,000 sq. ft. minimum lot size), and is
located at the northeast corner of Prospect Street
and La Veta Avenue.NOTE: Negative Declaration 1388-91
has
been approved for this project.MAYOR PRO TEM
BARRERA OPENED THE PUBLIC HEARING.The Director of CommunityDevelopmentreportedontherequestindicatingtheentirecommunitysurroundingtheprojectissinglefamilyresidential. All properties to the north
of La Veta are R-1-7 and properties to the south
are R-1-8. The lots that would be created would rangeinsizefrom7,
000 sq. ft. to approximately 11,000 sq. ft.The Planning Commission recommended approval of
the project, subject to conditions listed in their resolutions.There was concern expressed by Councilmembers regarding fire hydrants and sprinklers,
which will be addressed when the building permits are requested. The Fire Chief commented the residence located in the back corner
of
the lot would have to have residential fire sprinklers.
Steven Cunnison, 5985 Queen
st., Riverside, was available for questions from the Council.THERE BEING
NO FURTHER
SPEAKERS, MAYOR PRO
TEM BARRERA CLOSED
THE PUBLIC HEARING.MOTION - Spurgeon SECOND -
Coontz AYES - Steiner, Barrera,
Coontz, Spurgeon ABSENT - Mayor Beyer Moved to accept the findings oftheEnvironmentalReviewBoard
to file
338
COUNCIL MINUTES NOVEMBER 26, 1991
14. PUBLIC HEARINGS (Continued)
MOTION - Spurgeon SECOND -
Barrera AYES - Steiner,
Barrera, Coontz, spurgeon ABSENT - Mayor Beyer
Moved to approve Tentative
Tract Map 14551 and Administrative Adjustment Permit 91-19,
as outlined in Planning Commission Resolution No. PC-
41-91.15.
PLANNING AND ENVIRONMENT - None 16. REPORTS
FROM COUNCILMEMBERS NON-AGENDA
ITEM Councilman
Spurgeon reported on the recent FireFighters drive to raise
monies for Muscular Dystrophy. It was an unqualified success.17.
ORAL PRESENTATIONS - None ADJOURNMENT The
City
Council adjourned to December 3, 1991 at 3:00 P.M. in the Weimer Room
regarding the Growth Management Element; then to December 5, 1991
at 4:30 P.M. to a Study Session to consider signalization and parking on
Collins Avenue at Shaffer and Cambridge Streets.c7l7~(~~ )~ 07~
f{,&1/~MARILYNJ. ~
NSEN Ct:7 CIY CLERK Page 17