01-09-1996 Council MinutesAPPROVED B~ CITi COU~Cl~ ON JA~UAR~ 2~. _~~O
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
JANUARY 9, 1996
The City Council of the City of Orange, California convened on January 9, 1996 at 4:30 P.M. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Joanne Coontz
1.2 ROLL CALL
PRESENT - Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
Murphy (arrived at 5:40 p.m.)1.3
APPROVAL OF MINUTES Regular Meeting
December 12, 1995 MOTION - Barrera
SECOND - Slater AYES -
Barrera, Mayor Coontz,
Spurgeon, Slater ABSENT - Murphy ACTION: Approved.1.
4 PRESENTATIONS/ ANNOUNCEMENTS/
INTRODUCTIONS A
Certificate of Recognition was presented
to Jeanne Arehart, Assistant Finance Director,for serving as Interim Finance Director.
1.5 PROCLAMATIONS - None 2.CONSENT
CALENDAR TAPE 32 The items
on the Consent Calendar will
be acted upon by one roll call vote unless members of the City Council, staff or
the public request the item to be discussed and/or removed from the Consent Calendar forseparate
action.2.1 Declaration of City Clerk, Cassandra
J. Cathcart, declaring posting of City Council agenda of a regular meeting of January 9,
1996 at Orange Civic Center, Main Library, Police facility at 1107 North 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 I~-
CITY COUNCIL MINUTES JANUARY 9, 1996
2. CONSENT CALENDAR (Continued)
2.2 Request Council confirmation of warrant registers dated December 12, 15, 20 and 29,
1995.
ACTION: Approved.
2.3 Request Council make the finding that public convenience and necessity will be served by
the sale of alcoholic beverages at the Bootlegger Liquor Store (addressed 1691 E. Lincoln
Avenue), and that the State's Department of Alcoholic Beverage Control (ABC) issue a
Type 20 license for this location. (p1300.0.2)
FISCAL IMPACT: None.
ACTION: Approved.
2.4 Request Council approve an extension to the computer services contract with Business
Records Corporation (BRC) for an additional one year period from February 1, 1996 to
January 1, 1997, while Staff evaluates options for longer service contract needs.
A2100.0, AGR-0978.B.
7)FISCAL IMP ACT: None that is not already anticipated in the current year's budget for
a continuation of existing service
levels.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.2.5 CLAIMS FOR DAMAGES FROM: (C3200.
0)a. Eddy
Dominguez FISCALIMP ACT:
None.ACTION: Denied claim and referred to City Attorney and
Adjuster.2.6 RESOLUTION NO.
8570 A Resolution of the City Council of the City of Orange expressing appreciation to
Frank D. Armendariz of the Orange Water Department and commending him for more than
forty years ofloyal and dedicated service to the City of Orange. (C2500.
P)ACTION:
Approved.2.7 Request Council approve execution of a Quitclaim Deed to Werner Corporation and
the Gerard and Lois Werner 1976 Trusts of a Access Easement that is no longer
required.Location: West side of Main Street, North ofKatella. (04000.
0)FISCAL IMPACT: None. $75.00 processing fee to be deposited into General
Fund.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.PAGE
CITY COUNCIL MINUTES JANUARY 9, 1996
2. CONSENT CALENDAR (Continued)
2.8 Request for authorization to advertise for bids for the recoating of the interior of
Reservoir 2. (C2500.P.3)
Location: Villa Real Drive east of Santiago Blvd.
FISCAL IMP ACT: Sufficient funds have been allocated in the following Water Capital
Projects Accounts.
601-8061-484201-8302 Reservoir
Recoating $100,000 601-8061-
484400-8302
Reservoir Recoating $250,000
ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.9 Request Council consider the implementation
of 'NO PARKING ANY TIME' restrictions on both sides of Old Camp Rd. north of Canyon View Ave.
a residential street 300 ft. long terminating in a cul-de-sac.
The parking restriction is suggested to encourage park visitors to use the Peter's Canyon
Regional Park parking facilities rather than the adjacent city
street for parking. (S4000.S.3.1.1)FISCAL IMPACT: Approximately $400.00
for posting signs is currently available in the department's normal
operating
budget using Contractual Services Account No.
100-5032-427100.Mayor Coontz recognized the following speaker:Jack Pitney, 220 B S. Grisly Canyon
Dr., on behalf of residents adjacent to Old Camp Road, thanked the Council for
considering this item
due to the
on-going parking nuisance.MOTION - Spurgeon SECOND -
Coontz AYES - Barrera,
Mayor Coontz,
Spurgeon, Slater ABSENT - Murphy ACTION: Approved.2.10 Request Council designate the Traffic Commission
to beresponsible for reviewing all projects and/or phases of development of the
Bikeways Master Plan; and authorize Staff to activate the Bikeways Master Plan
Citizens' Advisory Committee when overall plan changes or periodic
plan reviews are necessary. (B5000.0)FISCAL IMP ACT: Recommended alternative
would have lower administrative and staff costs due
to the
use of
CITY COUNCIL MINUTES JANUARY 9, 1996
2. CONSENT CALENDAR (Continued)
2.11 Recommend Council appropriate $10,245 from unappropriated Measure "M" Reserves to
upgrade the railroad crossing control devices from Eckhoff to La Veta. (S4OOO.S.3.3)
FISCAL IMP ACT: This recommendation does not impact the City's General Fund. It is
recommended that this project be funded from unappropriated Measure "M" reserves in
the amount ofSlO,245 to Account No. 262-
5011-483300-
3822.ACTION: Approved.2.12
RESOLUTION NO. 8571 A Resolution of the City Council of the City of Orange denying a conditional
use permit to allow dancing and live music entertainment as an accessory use upon
property situated at 1988 North Tustin Street. (
C3300.0, CUP-2103-
95)Conditional
Use Permit
2103-95 Suede RestaurantIBilliards ACTION:
Approved.2.13 RESOLUTION NO. 8573 A Resolution of the City Council of the City
of Orange upholding the recommendation of the Planning Commission of the City of
Orange and approving the General Plan Reclassification of property situated at 404 to 490
North
Orange Street. (C23oo.E,
GPA-1-
95)General
Plan Amendment 1-95 Chapman University ACTION: Approved.2.14 Request authorization to
approve a Homeowner Participation Program Grant in the amount of$217.00 and authorize the
Finance Department to preparea warrant.
Case No.601. (C2500.G.1.3.1)FISCAL IMP ACT: Funds
have been budgeted for this
purpose in
Homeowner Participation Program Account No. 316-
6053-427800-1221.ACTION: Approved.REMOVED AND HEARD SEP ARATEL Y)2.15 Request Council
authorize the award of Bid No. 956-17, Santa Fe Depot Park Development, to C.
A. Granger Construction, Orange, CA, in the
amount of$
CITY COUNCIL MINUTES JANUARY 9, 1996
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: There are sufficient funds in Account Nos. 510-
7021-485100-0971 park Development Fund)
and 926-9811-485100-0971 (Redevelopment).The Community Services Manager explained that this was the
third bid for the Santa Fe Depot project and it was successful. The construction period
will be 90 days and will include only basic improvements to landscape
and hardscape. Alternate upgrades may be considered in the future if funding permits. This is a
historical park and will be low
maintenance, costing approximately $
200 per month.
MOTION - Slater SECOND - Barrera AYES - Barrera, Mayor
Coontz, Spurgeon, Slater
ABSENT - Murphy ACTION: Authorized Mayor and City Clerk to execute on behalf of
the City.REMOVED AND
HEARD SEPARATELY)2.16 RESOLUTION
NO. 8576 Resolution of the City Council of the City of Orange authorizing the execution
of a Cooperation Agreement with the Orange Redevelopment Agency relating
to public improvements-landscape and hardscape improvements at the Depot Park in
an amount not to exceed $100,000. (
A2100.0, AGR-
2531)MOTION - Slater
SECOND - Coontz AYES - Barrera, Mayor Coontz, Spurgeon,
Slater ABSENT - Murphy
ACTION: Approved.
2.17 RESOLUTION NO. 8575
A Resolution of the City Council of the City of Orange designating a Redevelopment
Survey Area. (R3500.0)
Location: Northwest corner of Main Street and La Veta Avenue
ACTION: Approved.
REMOVED AND HEARD SEP ARATEL Y)
2.18 Request Council accept Comprehensive Annual Financial Report for the year ended June
30, 1995. (C2500.J.1.3)
FISCAL IMPACT: None.
PAGE 5
CITY COUNCIL MINUTES JANUARY 9, 1996
2. CONSENT CALENDAR (Continued)
The Finance Director reported that the Comprehensive Annual Financial Report was
prepared in accordance with governmental accounting standards and has been audited by
KPMG Peat Marwick, the City's independent auditors. $1.1 million has been added to the
General Fund balance. This report will be submitted to both state and federal awards
programs.
MOTION - Barrera SECOND -
Spurgeon AYES - Barrera,
Mayor Coontz, Spurgeon, Slater ABSENT - Murphy ACTION:
Received and filed.
2.19 RESOLUTION NO.
8535A Resolution of the
City Council of the City of Orange approving an Operational Area Agreement between the County
of Orange and the City of Orange for the implementation of the Standardized Emergency
Management System (SEMS) regulations. (A2100.0,AGR-2532)ACTION: Approved.
2.
20 Request
Council approve the recordation of Tract Map No. 15210, Sheffield Homes,located on Loma
Street, south of Via Escola within the Southern California Edison property. (T4000.0,
TRM-15210)FISCAL IMP
ACT: None.ACTION: Approved.
MOTION - Spurgeon
SECOND - Barrera AYES -
Barrera, Mayor Coontz,
Spurgeon, Slater ABSENT - Murphy Items 2.9,
2.15,2.
16 and 2.18 were removed and heard separately; all other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR 3.REPORTS
FROM MAYOR COONTZ TAPE
388 3.1 Recommendation. for Councilman Dan
Slater to partIcIpate as a City of Orange representative in meetings of the Regional
Advisory Planning Council (RAPe). (OR1800.0.5.2)PAGE 6
CITY COUNCIL MINUTES JANUARY 9, 1996
3. REPORTS FROM MAYOR COONTZ (Continued)
Mayor Coontz explained that the Regional Advisory Planning Council (RAPe) was part of the
Southern California Association of Governments (SCAG). She indicated it would be
advantageous to participate in RAPC meetings in order to be kept informed of events. The City is
not a member of SCAG; however non-member cities may be considered in advisory
matters.
MOTION
SECOND
AYES
ABSENT Spurgeon
Barrera Barrera,
Mayor Coontz, Spurgeon, Slater Murphy Moved
to
appoint Councilman Dan Slater to participate as the City's representative in meetings of the Regional
Advisory Planning Council (RAPe).4. REPORTS
FROM COUNCILMEMBERS - None 5. REPORTS FROM
BOARDS, COMMITTEES, AND COMMISSIONS TAPE 419 5.1 Appointment
of Richard Cavecche to the Design Review Board, term to expire January 31,2000. (ORI800.
0.8.1)Mayor Coontz explained
that this vacancy occurred in September 1995. It was advertised and one application was
received. Mr. Cavecche has been interviewed by the Council and meets requirements for the
Design Review Board.MOTION SECOND AYES
ABSENT
Approved.
Coontz
Slater
Barrera,
Mayor Coontz,
Spurgeon, Slater
Murphy Councilman Spurgeon requested clarification of
restrictions
concerning review of six or less units by the Design Review Board. The
Community Development Director will present a report at the January 23rd Council meeting concerning restrictions
and changes affecting the board. The scope of the Design Review Board has
been limited to large projects and those in special design areas.6.ADMINISTRATIVE REPORTS TAPE 539 6.
1 Treasurer's Report for
November, 1995. (C2500.F)The Finance Director explained the total
investments were $108,586,931 and were in compliance with the Government Code and the
City's investment policy. Staff meets montWy with the City Treasurer and the Investment Advisory Committee.
The City currently has $4.5 miIlion in LAlF.Mayor Coontz extended appreciation for the
Investment Advisory Committee's work.PAGE 7
CITY COUNCIL MINUTES JANUARY 9, 1996
6. ADMINISTRATIVE REPORTS (Continued)
Councilman Spurgeon inquired about recruitment of an investment manager. The Finance
Director indicated Personnel is developing a job description. The City Manager indicated that
Council will be provided with information and will be asked for direction concerning the issues of
Revenue Manager, Fiscal Advisor and City Treasurer.
MOTION
SECOND
AYES
ABSENT
Coontz Spurgeon
Barrera, Mayor
Coontz, Spurgeon, Slater Murphy Received and
filed.
6.2 Report
by the City Attorney concerning a draft ordinance for the November, 1996 ballot measure relating to
Mayor and City Council member term limits. (C2500.D)The City Attorney
reported that a draft ordinance has been prepared establishing term limits for the offices of
Mayor and City Council. In accordance with State law, term limits must be adopted by majority vote
and apply prospectively. The draft ordinance is consistent with the advisory ballot measure approved
in 1992. City Council terms would be limited to two consecutive four-year terms and
the Mayor to three consecutive two-year terms. The offices of Mayor and City Council are
treated separately permitting up to six years as Mayor immediately preceded or followed by
up to eight years as a City Councilmember. Following eight consecutive years as a Councilmember and/
or sixconsecutive years as Mayor, the ordinance would require a two-year gap
between periods off service. It would not permit switching back and forth between offices when
the total service combined exceeds eight years in office. Calculation for years of service would
be two years or longer. If approved, the ordinance would start with the terms of office commencing
in November 1996.Councilman
Spurgeon felt wording should be kept as simple as possible.MOTION
SECOND
AYES
ABSENT
Spurgeon
Barrera Barrera,
Mayor Coontz,
Spurgeon, Slater Murphy Moved to direct
the
City Attorney to prepare a resolution to place this issue on the November 1996 ballot.6.3
Report from
the Director of Community Development regarding a request from property owners on Old Orchard
Lane to implement a moratorium for 45 days on issuing building permits for two-story construction
on Old Orchard Lane. (C2500.G)The Community Development
Director explained that Old Orchard Lane is a private road servicing six homes.
This road and surrounding areas were part ofa zoning study in 1981 PAGE 8
CITY COUNCIL MINUTES JANUARY 9, 1996
6. ADMINISTRATIVE REPORTS (Continued)
addressing the height issue and are zoned for two-story structures. The resident at 968
Old Orchard Lane has submitted a plan for a two-story room addition and neighbors have
submitted a petition in opposition requesting Council intervention. The Council may adopt
an urgency ordinance for 45 days in order to study the issue; issuance of applicable permits during
that period would be prohibited. A public hearing process would be required to change zoning and
require a
height restriction.Councilman Spurgeon asked if the issue could be handled within 30 days. The
City Attorney explained that state law allows for 45 days on an urgency ordinance, but Council could
direct a shorter period. The Community Development Director responded that information
could be submitted to the Council within
30 days.Mayor Coontz recognized the
following speakers:Robert Smith, 968 N Old Orchard Ln., Property Owner, explained that the
property was purchased with the intent to build an addition so his mother could move in. Delay would
cause a hardship as she is living in her motorhome. Problems were not anticipated because the
property is zoned for
two stories.Dana Lil/and, 990 Old Orchard Ln., explained that three years ago he tried to build
a second story addition with a Conditional Use Permit and was denied by the Planning
Commission. The same residents opposed his addition. He felt the height restriction issue should have
been pursued at
that time.Council discussion ensued regarding the following: allow 30 days to study the issue
because of personal hardship and past confusion with the issue; height restriction should have
been pursued by neighbors three years ago; zoning code allows for two stories; design should be
sensitive to neighbors; possibility of owner waiting 30 days to pull permits to allow research of
past history and options available; and review of
design
plans.
MOTION
SECOND
AYES ABSENT
Slater Spurgeon
Barrera, Mayor Coontz, Spurgeon, Slater Murphy
Moved
to allow the property owner at 968 Old Orchard Lane to build a two-story addition.
7.REPORTS FROM CITY MANAGER TAPE 1698
7.1 Update on the Orange County Investment Pool.
The City Manager reported that Patrick Shea, attorney for the Orange County Investment Pool
participants, has requested execution of a pool participation agreement. The agreement is not
effective until all participants have signed and then it will go to the bankruptcy judge. The City
PAGE S
CITY COUNCIL MINUTES JANUARY 9, 1996
7. REPORTS FROM CITY MANAGER (Continued)
Manager was directed to submit the agreement for Council consideration at the meeting of
January 23, 1996.
Note: Councilman Murphy arrived at 5:40 p.m.
8.LEGAL AFFAIRS TAPE 1818
8.1 ORDINANCE NO. 23-
95 An Ordinance of the City Council of the City of Orange amending Chapter 13.80 of the
Orange Municipal Code relating to the regulation of cable television franchises. (A2500.
0)
MOTION
SECOND
AYES Spurgeon
Murphy
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That
Ordinance No. 23-95 have second reading waived and be adopted, and same was passed and
adopted by the preceding vote.
Mayor Coontz indicated she was displeased with many aspects of the cable service. The Council
can execute fines against Cablevision for service; however, there is no way to systematically track
deficiencies. A procedure is needed to monitor customer service standards. The City Manager
indicated a policy will be developed and submitted to Council for review in February.
MOTION - Coontz SECOND -
Slater AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to request
the City Manager to direct staff to develop an administrative procedure for customer service standards
requirements.8.2 ORDINANCE
NO. 1-96 An Ordinance
of the City Council of the City of Orange amending the Chapman College Specific Plan. (C2300.
E,ORD-I-96)
MOTION
SECOND
AYES
Barrera Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance
No. 1-96 have first reading waived and same was set for second reading by the preceding
vote.8.
3 ORDINANCE NO. 2-96
PAGE 10
CITY COUNCIL MINUTES JANUARY 9, 1996
8. LEGAL AFFAIRS (Continued)
An Ordinance of the City Council of the City of Orange amending Section 17.06.020 of the
Orange Municipal Code and approving the reclassification of property situated at 404, 420, 428
and 444-460 N. Orange Street. (A2500.0,
ZCG-1175-95)
Zone Change
1175-
95
Chapman
University
MOTION SECOND
AYES Murphy Barrera Murphy, Barrera, Mayor Coontz,
Spurgeon, Slater That Ordinance No. 2-96 have first reading waived and same was set for second
reading by
the preceding vote.9. RECESS TO THE MEETING OF THE
ORANGE REDEVELOPMENT AGENCY 10.ORAL
PRESENTATIONS TAPE 2028 Sandy Garcia, 4625 E. Walnut Avenue, expressed concern regarding the public
works project on Walnut AvenuelHewes, 100 feet west ofHarn1in Street for drain coverage,
curbs, gutters and sidewalks. The sidewalk will have an environmental impact as it will dead-
end into her property.The Public Works Director responded that the City must proceed with
the drain; however, the sidewalk can be deferred temporarily. Ultimately, the sidewalk will need
to be installed because of public safety issues. Mayor Coontz instructed the Directors of
Public Works and Community Development to
handle this issue administratively.Barbara DeNiro, 1118 E. Adams, submitted pictures and read
comments concerning a recent police chase in the City on January 5 and its impact to her neighborhood.
She requested to met with the Police Chief and Acting Fire Chief concerning the incident.
Ms. DeNrro also complained her street had not been swept for two weeks. Mayor Coontz indicated
that the City Manager would handle
all questions and concerns.Carole Walters, 534 N Shaffer St., asked if Mr. Cavecche (appointed
to Design Review Board)was associated with Old Towne Preservation Association. She felt a
neutral person should have been appointed. Mayor Coontz reiterated that only one
qualified applicant responded to advertising. At present staff is having difficulty filling the requirement
of a landscape architect member as
required by
City ordinance.11. RECESS The City Council recessed at 6: 10 p.m. to a Closed Session
for the following purposes:a. Conference with Legal Counsel - existing litigation pursuant to
Government Code Section
54956.
CITY COUNCIL MINUTES JANUARY 9, 1996
n. RECESS (Continued)
City of Orange vs. James Daum, et aI., Orange County Superior Court Case No. 73-
86-30.REMOVED FROM THE AGENDA) b. Conference with Legal Counsel - anticipated
litigation.Initiation of litigation pursuant to Government Code Section 54956.9(c) (one potential
case).c. Conference with Labor Negotiator pursuant to Government Code Section 54957.
6:City Negotiator: Personnel
Director.Employee Organization: All Employee Organizations (List Available in Personnel
Office).d. Scheduled performance evaluation: Interim City
Manager e. 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.MOTION - Murphy
SECOND - Barrera AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater 7:00
P.M. SESSION The City
Council reconvened at 7:20 p.m.12.1
INVOCATION Reverend Bob
Stempson, North Orange Christian Church 12.2
PLEDGE OF ALLEGIANCE TO THE FLAG Led by
Mayor Joanne Coontz 12.3
ANNOUNCEMENTS - None 12.4 INTRODUcnONS -
None 12.5 PROCLAMATIONS - None
12.6 PRESENTATIONS Presentation of
Resolution No. 8564
to Curt McMillan of the Orange Police Department and commending him for more than
21 years of service to the City of Orange.PAGE 12
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS
JANUARY 9,1996
13.1 ASSESSMENT DISTRICT 95-1, SYCAMORE CROSSING TAPE
2813 Time set for a public hearing on petition by the City of Orange to consider the formation of
an Assessment District to levy an assessment upon the properties within the District to finance
a portion of the public improvements. District is generally located westerly of the intersection
of Tustin Street and La Veta Avenue. (Tll00.0.1,
ASD-95-1)Mayor Coontz stated that this was the second public hearing relating to
the proceedings of Assessment District
95-1, Sycamore Crossing.The City Clerk stated that the notices of public hearing were mailed to
property owners within the district and the proposed boundary map was filed in the office
of the County Recorder.The Public Works Director stated that the purpose of the hearing is to
hear public testimony with respect to the formation of the district, the confirmation of the assessments
and the ordering of the improvements to be made. The district will encompass
160 condominiums under construction
by Van Daele Development.MAYOR COONTZ
OPENED THE PUBLIC HEARING.AS THERE WERE NO SPEAKERS, MAYOR COONTZ
CLOSED THE PUBLIC
HEARING.RESOLUTION NO. 8568 A Resolution of the City Council of the City of Orange confirming
the assessment, ordering the improvements made, together with appurtenances, and 8pproving
the
Engineer'
s
Report.MOTION
SECOND AYES
Spurgeon Barrera Murphy, Barrera, Mayor Coontz, Spurgeon,
Slater That Resolution No. 8568 as introduced be adopted, and same was passed and adopted by
the preceding
vote.13.2 APPEAL NO. 427, CONDmONAL USE PERMIT 2127-95,
VARIANCE NO.2002-95, ENTERPRISE
RENT-A-CAR: TAPE 2904 Time set for a public hearing on petition by Enterprise
Rent-A-Car to appeal the Planning Commission's denial on November 6, 1995
of Conditional Use Permit 2127-95 and Variance 2002-95. The request for conditional use Permit
is to allow the establishment of a used-car sales facility. The variance request
is to allow waiver of code requirements for front setback dimension, indoor showroom area and
service facility. The site
is located at 1925 N. Tustin Street. (A4000.0, APP-427)NOTE:
Negative Declaration 1483-
95 has
CITY COUNCIL MINUTES JANUARY 9, 1996
13. PUBLIC HEARINGS (Continued)
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
Enterprise Car Sales has spent a great deal of time researching Orange County to locate our car
sales facility. We are confident our car sale operation will be successful while providing a unique
opportunity to the community in fulfilling their automotive needs.
Several issues were raised by the Orange Glenn Villas Association regarding Enterprise
developing this site. We have met with the Association to better understand their concerns. After
addressing their concerns they now recognize that Enterprise will be a good neighbor, are
confident that traffic will be minimal, and realize that the aesthetics of this site will be significantly
improved.
We are eager to become a member of your community and appreciate your consideration. "
The Community Development Director described the property and surrounding area. This
development will not have prescribed facilities required of auto sales facilities, such as an indoor
showroom or repair facility. The front setback is requested to be reduced from 15 feet to 5 feet in
landscaping. Referring to the site plan, the Director indicated this was a sma1I site as compared to
other auto dealerships and will contain an office building of3,500 square feet with perimeter
landscaping, primary access from Tustin Avenue and one secondary access on the north from an
easement. The easement allows access to a condominium development located east of the site.
There will be a 6-foot see-through fence along the easement with one gate used for
limited access.The Planning Commission felt this was not the best use for the site and denied
the project;however, a list of conditions was developed if the project were to be approved. The
applicant has advised that discussions were held with the Orange Glenn Villas
condominium association regarding concerns and most issues have
been resolved.Council discussion ensued regarding the following: the legal right of the property owner
as it related to condominium access using the easement; the location of the gate; planters
along the perimeter; requirement of the Design Review Board for palm trees; and reasons for denial
by the
Planning Commission.
Applicant Presentation:Tom MacDonald, Enterprise Rent-A-Car. 17210 S. Main St., Carson,
stated the company had done extensive research to chose a site. Much of their business comes
from local credit unions and many people from this area are serviced at their Huntington Beach
location. This site was convenient and was chosen because of population and demographics.
Enterprise does not service cars and their hours are 9:00 a.m. to 7:30 p.m., closed on Sunday. Traffic
is anticipated to be approximately 10 customers per day by referral. The project will be an
asset to the community because a lot of sales tax is generated without associated traffic. There will be
no flags or banners used at the facility and only current model vehicles will be sold. Enterprise
is the largest rent-a-car company in the nation and the goal is to provide the highest
level of customer service and have a professional image. Mr. MacDonald stated that issues
relative to the condominiums are related to individual owners, not the association. Residents have requested
a block
CITY COUNCIL MINUTES JANUARY 9, 1996
13. PUBLIC HEARINGS (Continued)
easement; however, a wrought iron fence was proposed for aesthetics and to elirninate any graffiti
problem.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
The following spoke in favor:
Kymm Lester, 1941 N Tustin, #3, would welcome Enterprise establishing business at the location;
however, would like a 6-foot block wall on the north along the easement and the ingress
and egress gate limited to one access at least 50 feet from Tustin
Avenue.Speaking in
opposition:Steve Pierce, 1941 N Tustin, #10, requested a 30-day continuance because ofa letter
received on January 5 by the condominium association members advising they seek legal counsel.
The letter was sent by Lloyd Copenbarger, Trustee for the Hazel I. Maag Trust, the owner of
the property in question. A copy was submitted to
the Council.Nancy Pierce, 1941 N Tustin, #10, reiterated concerns expressed by the
Planning Commission.She requested a block wall to separate the properties and that it be fireproof to
protect their garages. Other concerns were declining properties values, overburdening the
access driveway,aesthetics, security and maintenance. The Planning Commission found that the proposed
use of the site would cause deterioration and have a negative effect on the community plan.
She read portions of the letter sent from the Hazel Maag Trust stating it
was threatening.MAYOR COONTZ CLOSED THE
PUBLIC HEARING.For clarification regarding the easement, the City Attorney indicated that during litigation
in the 80's, CC&R's were developed outlining the permitted use of the easement. It is
non-exclusive for use of the property owner and condominium owners. The property owner
may remove any unauthorized improvements. The condominium association is responsible
for maintenance and repair of the easement. They may not object to any lawful use of the property
and must indemnifY the property owner for any claims as the result of use of the easement. There may
have been a misunderstanding about the rights between the property owner and
the condominium owners.Jamie Banfie/d, 3 Hutton Center Drive, Ste. 810, Santa Ana, Attomeyfor
Haze/Moog Trust,agreed with the City Attorney's comments and explained that the easement is for
the mutual use and enjoyment of both the property owner and the condominium association.
At the Planning Commission hearing, the residents of the condominium project referred to the
easement as a private driveway, which is incorrect. The property owner has the right to access
and use the easement. With regard to the letter, the trustee has an obligation to enforce the CC&R'
s and was merely alerting the condominium owners of the provisions. Relative to the block wall,
it would be more aesthetic to have an open type fence; graffiti would not be a problem; and
it would be difficult to access the driveway with a
solid block wall.Councilmembers expressed the following: a reservation that sales were used cars
but because of the caliber of Enterprise it was a good use for the site; the Design Review
Board and
CITY COUNCIL MINUTES JANUARY 9, 1996
13. PUBLIC HEARINGS (Continued)
Commission decisions were sound; the wall should be non-climbable and see-through;
a block wall would present a graffiti problem; a see-through wall would present
better security; concern about birds nesting in the palm trees; the number and location of palm
trees throughout the parking lot; and no parking on Tustin Avenue
at
that
site.
MOTION SECOND
AYES Slater
Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
Approved Negative Declaration 1483-95 as it meets the requirements of the
California Environmental Quality Act and there is no substantial evidence that the project will have
a significant effect on the environment or wildlife
resources.
MOTION
SECOND
AYES Slater
Coontz Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Approved Conditional
Use Permit 2127-95 and Variance No. 2002-95, Enterprise Rent-A-
Car, to include conditions as recommended by the Planning Commission and conditions contained
in the staff report to the
Planning Commission.14. PLANNING AND ENVIRONMENT -
None 15. ORAL
PRESENTATIONS Shannon Tucker, 556 E. Culver, President of Old Towne Preservation Association,
presented Councilmembers with the association's 1996
calendar.Carole Walters, 534 N. Shaffer St., expressed concern relative to a dangerous situation
ofingress and egress because of a mobile home in Space 173 which is located next to the street at
the mobile home park behind Target. Mayor Coontz instructed Code Enforcement to
investigate.16.
ADJOURNMENT
MOTION
SECOND
AYES Spurgeon
Murphy
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The
City Council adjourned at 8:20 p.m.r!
t44/t4f~~ (!~4 CASSANDRA
J. ATHCART, CMC CITY
CLERK PAGE
16