11-12-1996 Council Minutesn.-'- .:;'~'v.~,-, _~.i _ __:.... ''-____l ,-'~___",-"_.-, ~'__\ _\~'V.:""~'_,C-;J.'~.';\. LU, _.:...':"'<)CITY COUNCIL MINUTES OF A REGULAR MEETING
ORANGE, CALIFORNIA November
12, 1996 The City
Council of
the City of
Orange, California convened on November 12,1996 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
FLAGLed by Mayor Coontz 1.2 ROLL
CALL PRESENT - Murphy, Barrera,
Mayor Coontz, Spurgeon ABSENT -
Slater 1.3 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS Mayor
Coontz recognized Ian
Fried, reporter for the Orange
City News.1.4 PROCLAMATIONS - None 2. CONSENT CALENDAR 2.1
Declarationof City Clerk, Cassandra
1. Cathcart, declaring
posting of City Council agenda of a regular meeting of November 12, 1996 at
Orange Civic Center, Main Library,Police facility at 1107 North Batavia, the Eisenhower Park Bulletin
Board and summarized on Time Warner Communications; 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 Request Council confirmation of warrant registers dated October
18 and 22, 1996.ACTION: Approved.2.3 Request approval of City Council Minutes
Regular Meeting
ofOctober 22, 1996.ACTON: Approved.2.4 Consideration to waive reading in full
of all
ordinanceson the Agenda.ACTION: Approved.PAGE 1 I J
I
CITY COUNCIL MINUTES November 12, 1996
2. CONSENT CALENDAR (Continued)
AGREEMENTS
2.5 Request Council approve a Utility Agreement No. 12371 with the California Department
of Transportation (CalTrans) providing a reimbursement to the City of Orange of
expenses for work related to pipeline relocations during 1-5 widening. (A2100.0
AGR-
2707)FISCAL IMPACT: Provides for reimbursement to the City of
approximately 116,551.00 for water main relocation work by City
crews.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.2.6 Request Council approve an agreement between the State of California and the City
of Orange to provide intermittent traffic control during widening construction of the
1-5 Freeway. (A2100.
0 AGR-2708)FISCAL IMPACT: This item has not been budgeted. The State has allocated $
17,500 to reimburse the City for the cost of
providing this service.ACTION: Authorized Mayor and City Clerk to execute on behalf
of the City.2.7 Request Council approve a Mutual Aid Agreement for
Building Damage Safety Assessment. (
A2100.0 AGR-2709)FISCAL IMP ACT: Any financial impacts would be reimbursed
by the requesting agency for a local emergency and by FEMA for state
or federal proclaimed emergencies.ACTION: Authorized Mayor and City Clerk to execute on
behalf
of the City.CLAIMS 2.8
CLAIMS FOR DAMAGES
FROM:a. Robert
Burton b. Deanna
Craven c. Patricia
Bartlett d. Janet Gonzalez
e. Lois K.
Herman f. Paul
Lennard g. Office Depot
h. Cinthia R.
Osterhout 1. Bruce Stewart FISCAL
IMPACT: None. (
C3200.0)
PAGE
CITY COUNCIL MINUTES November 12,1996
2. CONSENT CALENDAR (Continued)
ACTION: Denied claims and referred to City Attorney and Adjuster. (C3200.0)
CONTRACTS
2.9 Request Council award a contract in the amount of $49,960 to David M. Griffith and
Associates (DMG) for the purpose of conducting a city-wide classification
and compensation study. (A2100.0
AGR-271O)FISCAL IMPACT: Funds are budgeted in Account No.
100-1401-426700 (
Professional and Contractual Services).Discussion: Barbara DeNiro, (address on file), requested an explanation
of why a city-wide classification and
compensation study is needed.The Personnel Director explained it is recommended that the
process be undertaken every four to five years. This is the first time in ten years that
the entire classification system throughout the City has been evaluated; the study will
clearly define job classifications and insure compliance with the law, i.e. American
Disabilities Act (ADA) requirements.ACTION: Authorized Mayor and City Clerk to execute the contract
on
behalf of the City.2.10 Request Council award a contract in the amount of$388,139.
60 to Hillcrest Contracting,Inc. Bid No. 967.11, Project No. S.P. 3165, street, storm
drain and traffic signal improvements at Santa Ana Canyon Road and Tustin
Street. (A2100.0 AGR-2711)FISCAL IMPACT: Funds are budgeted in
Account No. 262-5011-483399-3432 (
OCT A Measure M Construction) $531,240.00 ACTION: Authorized Mayor and City Clerk to
execute the contract on behalf of the City and appropriate $43,
760.
00 to Account 550-5011-483399-3422 (OCTA Measure M Construction).2.11 Request Council approve
payment authorization in the amount of $25,864.66 to
Plant Control Landscape Maintenance, Inc. for
landscape maintenance in public right-of-ways and assessment
districts. (A2100.0 AGR-2147)FISCAL IMPACT:
Funds are available in the following
accounts:100-7022-424301 Landscape Contract
Areas $11,
122.00
290.7025-
CITY COUNCIL MINUTES November 12, 1996
2. CONSENT CALENDAR (Continued)
LOANS
2.12 Request from Kaufman and Broad Multi-Housing Group, Inc. to provide a loan of
federal HOME funding in the amount of $317,250 for the development of the 83 unit
Harmony Creek Senior Apartments located at 1616 East Rock Creek Drive. (A2100.0
AGR-2712)FISCAL IMPACT: Funds are available in the 317 Fund (HOME FUND)
for this purpose. Authorization to appropriate the funding will be requested at the
time the HOME Assistance Agreement is presented
for consideration.Discussion: Barbara DeNiro, (address on file), asked how many total units are
in the development; if they are HUD units; and the location of 1616 E. Rock
Creek Drive?The CDBG and Housing Rehabilitation Manager explained the 83 units to
be developed will be for senior citizens. They are not HUD units but will be restricted units;
the rents will be at 60% of the median income; and the rent range will vary
depending upon bedroom size and the household income. The units are available to the
general populous because restrictions cannot be made for
Orange residents.The City Manager explained 1616 E. Rock Creek Drive is part of the
Sycamore Crossing development off of
South Tustin.ACTION: Approved in concept the $317,250 loan request; and authorize
staff to negotiate the terms ofthe loan and draft a HOME
Assistance
Agreement.RESOLUTIONS 2.13 RESOLUTION
NO. 8705 A Resolution of the City Council of the City of Orange approving the
Memorandum of Understanding between the City of Orange Municipal Employees' Association
relating to the wagers, hours, and other conditions of employment for employees of
the Professional,Technical, and Clerical unit, effective March 1, 1996 through and including
February 28,1999 and repealing Resolution No. 8650 and amendments thereto for
said employees.
C2500JA.5)
ACTION: Approved.2.14 RESOLUTION
NO. 8709 A Resolution of the City Council of the City of Orange approving the
application for grant funds from the Orange County Urban Parks Program for the development
of the Belmont Park restroom facility and outdoor basketball court. (C2500.
MA.18)
ACTION: Approved.
CITY COUNCIL MINUTES November 12, 1996
2. CONSENT CALENDAR (Continued)
2.15 RESOLUTION NO. 8710
A Resolution of the City Council of the City of Orange approving the application for
grant funds from the Orange County Urban Parks Program for the development of the
Handy Park community building. (C2500.M.4.l0)
ACTION: Approved.
2.16 RESOLUTION NO. 8711
A Resolution ofthe City Council of the City of Orange finally accepting the completion
of a certain public work and improvement. (A2l00.0 AGR-
2628)Bid No.
956-12 Fairhaven Avenue at
Route 55 Steve Casada
Construction Co.
ACTION: Approved.2.17 RESOLUTION
NO. 8714 A Resolution of the City Council of the City of Orange amending Resolution
No. 8649,the Memorandum of Understanding between the City of Orange and
the Orange Management Association, adjusting the salary ranges pertaining to the
classification of Assessment District Engineer for salary effective December 22, 1996, move
from Range 509 to Range 513, and for Salary Range effective August 30, 1998, move
from Range 513 to Range 517. (C2500.J.
4.l)
ACTION: Approved.
SPECIAL EVENTS REMOVED AND HEARD SEP ARA
TEL Y)2.18 Request from Fat Man Productions to close the Plaza to through traffic on
Sunday, April 6, 1997 from 6:00 a.m. to 6:00 p.m. to display approximately 400 antique
and
custom cars.FISCAL IMPACT: Adequate deposit has been made for any City service that
may
be required.
PAGE
1
CITY COUNCIL MINUTES November 12, 1996
2. CONSENT CALENDAR (Continued)
Will Fitzpatrick, Fat Man Productions, 1135 N. Glassell, explained the past two years the
Plaza has been closed to through traffic for a car show. The money raised from the event
benefits the charitable organization, "National Center for Missing and Exploited
Children". Mr. Fitzpatrick indicated his willingness to talk and address any issues of
concern merchants may have with the event.
Barbara DeNiro, (address on file), requested the address of the National Center for
Missing and Exploited Children and asked how much was raised in Orange for the
Center?
Mr. Fitzpatrick responded he would provide the address and $1500 was given to the
Center last year.
Lisa Ackerman, 151 N. Glassell, on behalf of Downtown Orange Business and
Professional Association, expressed concern with the closure of the streets in the Plaza.
Ms. Ackerman explained Sunday is a busy day for the merchants; traffic to Old Towne is
impacted; and parking problems are created. Access to the businesses by customers last
year was disrupted by exhibitor's seeking shelter from the heat. A petition has been
signed by 52 businesses in the downtown Orange area requesting that the event be located
elsewhere in the City.
Janice Swift, 10 Plaza, expressed opposition to the event in the Plaza and explained the
parking inconvenience created for elderly clientele to access her CPA firm.
MOTION
SECOND
AYES
ABSENT
Murphy Mayor
Coontz Murphy, Barrera,
Mayor Coontz, Spurgeon Slater ACTION: Moved
to continue
to November 26, 1996 Council meeting. The City Manager to direct staff
to provide an assessment of concerns of the downtown merchants,the applicant, and other
alternatives available. In addition, an overview be provided of how many times a
year the Plaza is closed for events.Mayor Coontz requested a
calendar depicting yearly events as soon as possible.STREET CLOSURE 2.19
Request Council
approve closure of the Plaza on Sunday, December 8,1996 from 2:30 p.m. to 8:
00 p.m. for the annual tree lighting ceremony. (S4000.S.4)FISCAL IMPACT: Staffbudgeted
part-time seasonal salaries, materials and supplies from FY 96/
97 Budget.PAGE 6 I
i-W --
CITY COUNCIL MINUTES November 12, 1996
2. CONSENT CALENDAR (Continued)
ACTION: Approved.
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon ABSENT - Slater Item
No. 2.18
was removed and heard separately and continued to the November 26th meeting. All other items
on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR
3. REPORTS FROM MAYOR
COONTZ Mayor Coontz reported the
Economic Development staff and City Manager have been in discussion with the Mills
Corporation. Large public relation packets were sent to all the major newspapers announcing the formal
opening of the Ontario Mills. The Orange Mills development, with an anticipated
groundbreaking in January, 1997, will have 30 movie screens;Sax Fifth Avenue and
Sports Authority as major tenants, and a dozen therne restaurants.The City Manager added
the Mills Corporation has a several rnillion dollar budget for advertising and promotion which
will benefit the City of Orange.4. REPORTS FROM COUNCILMEMBERS -
None 5. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS 5.1 Receive and file
report from City Traffic Commission on adopted "Policies and Procedures - Street Name Change Requests". (
S4000.S.3.6)MOTION - Murphy SECOND - BarreraAYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon ABSENT - Slater
Moved to receive and file and request
the Commission to
address the issue of naming Lorna Drive.PAGE 7 f
CITY COUNCIL MINUTES November 12, 1996
6. ADMINISTRATIVE REPORTS
6.1 Appeal of the City Traffic Commission's decision denying the request for turn
restrictions at Meats Ave. and Shaffer St.
The Director of Public Works summarized the history of the intersection of Meats Avenue and
Shaffer Street. Criteria is established to justify and approve all-way stops at the national
and state levels. The City is obliged under the Vehicle Code to follow the provisions of the
State Traffic Manual. Based upon studies that were done, none of the criteria established by
the national, state and city were met, therefore, there was no basis for approval ofthe stops signs
by the Traffic Commission. Traffic volumes are not sufficient to justify the installation of the
stop signs, although speed problems were identified on Shaffer
Street.Vehicular speed concerns and the suggestion of placement oftemporary barricades
were expressed by the following
individuals:Bill Feliciano, 2009 N. Shaffer
Street Dan Graupensperger, 2029 N. Shaffer
Street Carole Graupensperger, 2029 N. Shaffer
Street Tony Dunn, 1733 N. Shaffer
Street Robert Sumers, 729 E. Glendale Avenue, commented there are no speed limit signs from
Vista Del Gaviota to Taft; agreed with the Traffic Commission decision that a barrier should not
be placed at Shaffer and Taft; and suggested a better position for a stop sign would be at Grove
or Buckeyewood, not at Glendale. A barrier would cause heavy traffic by Cambridge
School.For the record, Councilman Spurgeon stated that Dan Graupensperger is a paramedic
captain with the Orange Fire Department and has driven Code 3 up and down Shaffer Street for
many years. He is a resident of the City of Orange and speaks strictly as a resident. I would
certainly want to listen to his voice of reason since he drives emergency vehicles all over the City
and suggested consideration of temporary barricades for a trial
period.Councilman Murphy asked if the Vehicle Code is 25 mph as a default on non-
posted residential and school-type zones? The Public Works Director explained the practice of the City
is to not post speed limit signs on streets that have a 25 mph speed limit based upon the
density of the development. Shaffer Street, as well as other residential streets that are less than a
half mile in length between traffic control devices and less than 40 feet in width curb to curb, are
not subj ect to the requirement of having a traffic and engineering study to establish a
radar enforceable speed limit, and are exempt under the Vehicle Code. The speed limit is enforceable at
25
mph with radar.Mayor Coontz commented the intersection of Taft and Orange-Olive Road
has been a problem because of the railroad tracks being so close to Orange-Olive Road and
the City has been unable to do anything about additional signalization and left turn
signals. The Public Works Director confirmed that funds have been identified in the Capital Improvement
Program to try to improve the signal control at Taft and Orange-Olive Road. There are
certain solutions
to
CITY COUNCIL MINUTES November 12, 1996
6. ADMINISTRATIVE REPORTS (Continued)
Shaffer Street that may help but could also relocate the problem elsewhere. The need is to
identify what the potential is for moving the problem around and not create similar situations on
other streets.
MOTION - Murphy SECOND -
Coontz AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon ABSENT - Slater Moved
to continue to
December 10th Council meeting. The City Manager to direct the Police Department to proceed with
enforcement of the speed limit; evaluate the problems at Meats Avenue and Shaffer Street;
report back to Public Works Director and the Traffic Division;consider temporary barricades for
a six month trial period; and at a later date, proceed with a comprehensive study of a
larger geographical area to address a number of solutions and other issues with respect to
signing delineation that could aid the situation during the interim period.6.2 Report from
the Director of Public Works regarding consideration of Addendum to Environmental Impact Report (EIR)
No. 631, Loma Extension Center Lane Pavement &Median Landscaping. (S4000.S.
5)The Public WorksDirector
reported the adjacent developers to the Lorna Street extension requested to finish construction
of the paved lanes and to construct the landscaped median. The primary concern was the
appearance of the area and to enhance their market position by improving that appearance. This
request would eliminate an erosion problem that was extensive and represented significant costs
in annual maintenance. The lanes would remain closed to traffic. The paving should
be in place before the next rainy season and should avoid the problem of erosion and the
costs associated with maintenance of the erosion control devices. The opening of the lanes to
traffic are subject to a separate environmental process that is expected to commence this spring. The
Mabury Ranch Homeowners Association Board of Directors participated in discussions on
this issue.MOTION - Coontz SECOND - Spurgeon
AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon
ABSENT - Slater Moved to approve addendum to
EIR No. 631
and accepted the proposed project.PAGE 9 I T-- ---
CITY COUNCIL MINUTES November 12, 1996
7. REPORTS FROM CITY MANAGER
7.1 Report on the First Quarter Budget Report - Fiscal Year 1996-97. (C2500.J.1.l)
The City Manager summarized highlights of the first quarterly report for the period ending
September 30, 1996. The City's financial operations are on track and no budget adjustments are
recommended at this time. The purpose of the report is to report to the City Council
departmental performance for the first quarter which includes departmental progress towards the
completion of major capital projects and the summary of the results ofthe City's first quarter
financial operations.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, commented the First Quarter Budget
Report is a great source of information.
MOTION - Murphy SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon ABSENT - Slater Moved
to receive and
file.7.2 Report on
proposed Resolution 8713 encouraging the County Board of Supervisors to consider City and
Ratepayer Interests in adopting a Strategic Alternative for the Orange County Landfill System. (OC1300.
K.2)The City Manager reported
next week the County Board of Supervisors will consider a significant report of strategic
alternatives for the future of the Orange County Landfill System.The City Manager's
Department of the League of California Cities recommended that City Councils throughout the County
support this recommendation to be forwarded to the Board of Supervisors as the Board
considers significant policy changes affecting the landfill system.Mayor Coontz, Orange County
League of Cities representative to the County Solid Waste Management Commission, helped shape
the policy framework for the proposed Resolution No.8713, which would forward
the following four key policy recommendations to the County Board of Supervisors:Any alternative
selected should
insure long-term stability in a competitive gate fee rate structure.Any alternative
selected
should provide long-term landfill capacity within the County.Any alternative
selected should insure environmentally safe landfills.Any alternative
selected should fully address the management, maintenance and remediation of closed
landfills.PAGE 10
I
CITY COUNCIL MINUTES November 12, 1996
7. REPORTS FROM CITY MANAGER (Continued)
RESOLUTION NO. 8713
A Resolution of the City Council ofthe City of Orange encouraging the Board of Supervisors of
the County of Orange to consider the City and Ratepayer interests in adopting a strategic
alternative for the present Orange County Landfill System.
MOTION - Coontz SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon ABSENT - Slater Moved
that Resolution No.
8713 as introduced, be adopted and same was passed and adopted by the preceding vote.7.
3 Report on
Broker/Dealer Selection (C2500.F)The City Manager reported
there has been recent criticism by the public of the City's use of Merrill Lynch as a
broker when purchasing investments, their involvement with the Orange County bankruptcy, and the
resulting lawsuit. There is no additional investment risk and the City Attorney has assured
the City there is no legal risk in purchasing investments through Merrill Lynch as opposed
to any other broker. From a public perspective, it is not in the best interest ofthe City to
continue to use Merrill Lynch as a broker. The Investment Oversight Committee unanimously agreed to
eliminate Merrill Lynch from the approved list of brokers.Effective immediately, no investments
will be purchased through Merrill Lynch. The current portfolio includes several investments
purchased through Merrill Lynch both pre and post bankruptcy. The Investment Oversight
Committee agreed that because the investments pose no greater risk than those
purchased from any other broker, it is prudent and in the best interest of the City to hold
them to maturity, which range from December, 1996 to November, 1999.MOTION - Murphy SECOND - Coontz
AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon
ABSENT - Slater Moved to approve.PAGE 11
I
CITY COUNCIL MINUTES November 12, 1996
8. LEGAL AFFAIRS
8.1 ORDINANCE NO. 25-96 (FIRST
READING)An Ordinance of the City Council of the City of Orange repealing Chapter 8.06 of
the Orange Municipal Code and replacing it with a new Chapter 8.06 relating to the
abatement of unattended shopping carts. (Continued from October 22, 1996) (A2500.
0)MOTION - Barrera
SECOND - Murphy AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon ABSENT - Slater
Moved to continue
to November 26,1996 Council meeting.8.2 ORDINANCE
NO. 26-96 An Ordinance
of the City Council of the City of Orange amending Chapter 8.24 of the Orange Municipal
Code pertaining to noise control. (A2500.0)The City
Attorney explained the proposed ordinance would implement an alternate noise ordinance for
the City. In addition to the existing ordinance the proposed ordinance would make it a
crime to have any loud, unnecessary or unusual noise which disturbs the peace or quiet of any residential
neighborhood or which causes discomfort or annoyance to any reasonable person of normal
sensitivity residing in the area. It further provides for a prima ~ case which means if these
elements are established you have established the offense itself. This would apply to any power tool,
radio, receiving set, television, music amplifier, tape player, record player, compact disc player,
musical instrument or similar device when it is played, used or permitted to be played or
used between the hours of 10 p.m. and 7 a.m. when audible from a distance of 100 feet from the
property line ofthe noise source or from a distance of 150 feet from any non-stationary noise
source. These prohibitions also apply to stationary vehicles parked on the street or on private
property. The ordinance further provides that the violation may be established by a peace officer
or any other person.MOTION -
Murphy SECOND - Barrera
AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon ABSENT - Slater Moved that
Ordinance No. 26-
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 PAGE 12 r 1--------
CITY COUNCIL MINUTES November 12, 1996
10. ORAL PRESENTATIONS
Robb Morris, 420 E. Walnut, indicated he was disturbed over a recent newspaper article on
action taken by the Council; asked if a review has been done of the Old Towne ordinance; and
addressed pending litigation with the City referring to Resolution No. 8404.
Mayor Coontz referred Mr. Morris to the editor of the Sentry newspaper.
The Interim City Attorney commented the City's position is that the litigation is unmeritorious
and a formal response will be filed in court which will be a properly signed competent
declaration.
Barbara DeNiro, (address on file), addressed the stop sign at the corner of Adams and California
and requested to meet with the Public Works Director, indicating she doesn't believe any ofthe
specifications in the Standard Specification for Planting, Removal and Maintenance of the Street
Trees are adhered to.
Blanche Thoma, 21821 Northwood, Lake Forest, reported on the proposed El Toro International
Airport, the proposed flight paths, and distributed information to Council Members.
Carole Walters, 534 N. Shaffer, asked if the attorneys for Rodney King are representing the City
in the pending Bonneville lawsuit; expressed concern with money being spent on lawsuits; and
reported she had received letters after speaking publicly on another litigation matter. Ms.
Walters reported money was raised for the YWCA children to have their school pictures taken
and to have free eye examinations and indicated those responsible should be recognized.
The Interim City Attorney responded he is aware of the law firm representing the Bonneville
case but is not aware that they are representing Rodney King. It is a public entity type law firm.
Adele Graves, (address on file), expressed her disappointment in the City and spoke regarding
citizens in the community that support worthy projects.
11. RECESS
The City Council recessed at 6:37 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation.
Beanbags Plus, Inc., et al. vs. City of Orange, et aI., Orange County Superior Court Case
No. 75-06-
34 b. 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.No action was taken during Closed Session. Council reconvened at 7:10 p.
m.PAGE
CITY COUNCIL MINUTES November 12,1996
7:00 P.M. SESSION
12.1 INVOCATION
Pastor Cliff Self, Courageous Living Christian Church
12.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Coontz
12.3 ANNOUNCEMENTS
Mayor Coontz welcomed Boy Scout Troop 241 from St. Paul's in attendance at the
meeting.
12.4 INTRODUCTIONS - None 12.
5 PROCLAMATIONS A
proclamation was presented to Suzette Gibbs and Ruby Penner declaring the week of November
17, 1996 as CPRlFirst Aid Week.Certificates
of Recognition were presented to Good Samaritans and Certificates of Recognition
were presented to Program Sponsors.A
proclamation honoring National Family Week was accepted by Joyce Hanson, wife of the
LDS Stake Center President. A proclamation was presented to the City by Joyce Hanson
in recognition of National Family Week.A
Congratulatory Letter from Congressman Christopher Cox was presented to Ms.Buttress'
s for her retirement from the Southern California Edison Company.Senator
Lewis presented a Resolution honoring Pat Buttress.Mayor
Coontz, on behalf of the City Council, presented a Proclamation to Pat Buttress for
her community service.12.
6 PRESENTATIONS - None PAGE 14
CITY COUNCIL MINUTES November 12,1996
13. PUBLIC HEARINGS
13.1 CONDITIONAL USE PERMIT 2162-96, ANTON AND DEBRA
MARINKOVICH:Time set for a public hearing to consider Conditional Use Permit 2162-96 to
allow construction of an accessory second housing unit behind a new principal residence. The
proposal includes two open parking spaces to be located to the south of the accessory unit and a
garage space located to the west ofthe accessory unit. The subject site is presently vacant and located
at 1785 N. Kimbark Lane. (C3300.
0 CUP-2l62-96)The Community Development Director reported the property is approximately
one acre in size and the parcel is zoned R-1-40 (Single Family
Residential- Full Acre Minimum Lot Size).Properties in the immediate area have a similar zoning.
Exhibits were referred to depicting the proposed 640 sq. ft. accessory unit, located
adjacent to a substantial single-family residence,which is in the process of being constructed.
The unit will remain under common ownership with the primary structure; one of the two structures is required
to occupied by the owner of the property; and a garage will be provided for the unit. By
law, accessory second units are to be viewed as part of a single family residence and not as
a second residence for purposes of
zoning.MAYOR COONTZ OPENED THE PUBLIC HEARING.Bob Bennyhoff, 10642 Morada Drive, Orange
Park Acres, representing the Orange Park Acres Homeowner's Association, indicated
the Association endorses and supports the project.Anton Marinkovich, 1785 N. Kimbark Lane, applicant
for the project, reported the accessory unit will provide a safe, secure
and private residence for his widowed mother-in-law.THERE
BEING
NO FURTHER SPEAKERS,
MAYOR COONTZ CLOSED
THE PUBLIC HEARING.MOTION - Murphy SECOND - Barrera
AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon ABSENT - Slater Moved that this project is categorically exempt from
the provisions of the California Environmental Quality Act per
State CEQA Guidelines
Section 15303.MOTION -
Murphy SECOND - Barrera AYES - Murphy, Barrera, Mayor
Coontz, Spurgeon ABSENT -
Slater Moved to approve Conditional Use Permit 2162-96 as outlined in
Planning Cornmission Resolution
No.
PC-
CITY COUNCIL MINUTES November 12,1996
13. PUBLIC HEARINGS (Continued)
13.2 MODIFICATION TO CONDITIONAL USE PERMIT 1981-92;
CAR WASH/MINI-MARKET/SERVICE STATION; O. K.
PARTNERS I:Time set for a public hearing on petition by O.K. Partners I to modify
previously approved Conditional Use Permit 1981-92 to allow the convenience store to stay open 24 hours
daily and a Type "20" off-sale beer and wine license to allow the convenience store to sell
beer and wine for off-site consumption. The site is located on the southwest corner
of Santiago Boulevard and the 55 Costa Mesa/Newport Freeway (2700
N. Santiago Boulevard). (C3300.0)The Community Development Director reported the property is a 36,500
sq. ft. parcel located on the west side of Santiago Boulevard, south of Lincoln and Nohl
Ranch Road. The property is zoned CTR and similar zoning exists north of Lincoln on commercial
properties in the area. The site is currently occupied by a recently completed car wash
and service station. The original Conditional Use Permit was approved in September, 1992 which allowed for
the car wash to be developed with the gas station and mini-market.
The hours of operation were originally established to be 7:30 a.m. to 10:00 p.m. with the car wash portion to be limited
to 7:30
a.m. to 6:30p.m.The Police Chief reported there are four areas which
deal with Conditional Use
Permits. Those areas are as follows:A CUP should be granted upon sound principles ofland
use and in response
to services required by the community.A CUP should not be granted if it will cause deterioration
of bordering land uses or create special problems for the
area in which it is located.A CUP must be considered in relationship to its
affect on the community or neighborhood plans for the area in
which it is to be located.A CUP, if granted, should be made subject to
those conditions necessary to preserve the general welfare, not the
individual welfare of any particular applicant.State law requires that to protest the issuance of
an alcoholic beverage control (ABC) license,high crime and undue concentration are needed, and in this
case, there are neither. Under state law, this is a premise to premise transfer, which is not allowed
to be protested, even if high crime and undue concentration were exceeded. The other option
is a moral protest which would not apply in this case. Therefore, the Police
Department has developed conditions to mitigate what might be considered possible deterioration of the area.
The community could file a protest with the Department of Alcoholic Beverage Control and
bring their information forward at a hearing for the issuance of an ABC license. When a license
is being protested, a Conditional Use Permit is still needed to get it to the Department of
Alcoholic Beverage Control. The only off-sale alcohol business in the immediate area is Circle K with hours of operation
from 8
a.m.
to 2
CITY COUNCIL MINUTES November 12, 1996
13. PUBLIC HEARINGS (Continued)
The Interim City Attorney added that State law in the Business and Professions Code provides
that the City may not deny an approval based on a flat ban on the concurrent sale of fuel and
alcohol. The City must make a decision based on substantial evidence and the CUP criteria may
be applied to that application. The burden of proof is on the applicant.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Hardy Strozier, representing O.K. Partners I, 3151 Airway Avenue, Suite #1, Costa Mesa,
expressed his agreement with the Planning Commission's action to recommend extended hours
for fuel sales and would like the Council to consider their request to grant a CUP modification
for beer and wine sales. O. K. Partners I has five other beer and wine sale operations in Southern
California of which there have been no protests, motions, or actions filed. If Council allows beer
and wine sales, a condition of approval would provide an opportunity every 12 months to review
the CUP as it pertains to beer and wine sales.
The following individual spoke in opposition:
Barbara Macurda, 2243 E. Vista Royale
Bob Mattheson, 2525 E. Vista Ridge Drive
Jeff Weber, 2697 Vista Glen Road
Edmond Stoops, 2706 N. Vista Glen Road (presented a video depicting the view from his home
and the glare from lighting)
Deanna Stoops, 2706 N. Vista Glen Road
Clara E. Gath, 2683 N. Vista Bluff Road
Mazen Bahn, 2640 Santiago
Brian Kumagai, 2642 N. Vista Glen Road
Concerns expressed were: potential for crime, set a precedence for other gas stations in the area
to sell liquor, convenient freeway accessibility, "beer runs", quality of life, decrease in property
value, lighting, noise and general disturbances.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
The Director of Community Development clarified the lights of a new project are approved
through an administrative process and must comply with the City's security ordinance. Staff will
evaluate and ensure compliance of the lighting that Mr. Stoops addressed in his presentation.
The light poles do comply with the 30 ft. height restriction.
PAGE 17
CITY COUNCIL MINUTES November 12, 1996
13. PUBLIC HEARINGS (Continued)
REBUTTAL
Hardy Strozier, representing the applicant, responded that the Police Department and staff have
identified the criteria set forth by the State and his client meets and exceeds the criteria. The
property was purchased in a commercial area and individuals who purchased their homes in the
area purchased it next to a commercial zone. O.K. Partners I has offered to investigate the
lighting issues addressed. State-of-the-art cameras and lighting should serve as
a deterrent to potential vandal or "
beer run" incidents.The Director of Community Development clarified the conditional use permit
shall be reviewed one year from the date of approval and each year thereafter. Review shall
be conducted jointly by the Community Development Director and Police Chief, or designees. The
purpose of the review shall be to identify excessive calls for service, including uniquely
adverse issues of loitering, vandalism, criminal activity, noise, or nuisance resulting from
approval of this conditional use permit. If such issues are identified, the conditional use permit
shall be presented to the Planning Commission and City Council for consideration of
conditions
modification or revocation.The Interim City Attorney indicated the Council has the right to review
conditional use permits and revoke it for cause. It is not a one-year permit that has to
be approved each year.Councilman Spurgeon stated for the record: "I am personally opposed
to selling alcohol with gasoline". Clarification was requested relative to what the City is able to do
as
far as alcohol sales.The Director of Community Development confirmed that Item Nos.
1-4 of the Planning Commission Staff Report, Page 5, are the Planning Commission's reasons
for the action stated in the paragraph above. The Interim City Attorney added Item
Nos. 1-4 of the Planning Commission are findings under the conditional use permit
criteria. The Council must make a positive finding on those issues to grant the CUP. The Council has
the right to deny, ifbased on substantial evidence, it will not provide a service to the
community or provide an adverse impact.Mayor Coontz commented for the record: "I don't think the sale
of alcohol at this particular site,given the proximity
of residential, is a good idea".Councilman Murphy stated for the record: "I share
a personal philosophy problem with the mixing of alcohol and gas at a location. It has been identified to
us, both through court case and others, that the City's ability
to defer that are almost nonexistent".Councilman Murphy indicated he believes there are
standards and requirements in the current code in terms of intrusion of lights and exposed
type sources. The Director of Community Development indicated he believed the primary glaring
area
to address
is
the
CITY COUNCIL MINUTES November 12,1996
13. PUBLIC HEARINGS (Continued)
Mayor Coontz requested the City Manager direct staff to provide in the future a review of these
types of issues which relate to state law.
MOTION - Murphy SECOND -
Coontz AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon ABSENT - Slater Moved
that this project
is categorically exempt from the provisions of the California Environmental Quality Act per
State CEQA Guidelines Section 15303.MOTION SECOND AYES ABSENT
Murphy
Coontz
Murphy,
Barrera,
Mayor Coontz,
Spurgeon Slater
Moved to approve a modification of
Conditional Use
Permit 1981-92 allowing the operating hours for the mini-market and gas
station to change from 7:30 a.m. to 10:00 p.m. to 5:00 a.m. to 10:00 p.m.; approve the
modification to Conditional Use Permit 1981-92 to allow the sale of beer and wine for off-site
consumption subject to all conditions noted as included in the Planning Commission Staff Report and
related on the item; and a subject condition to insure that the lighting conditions of the
facility, while meeting security and police standards, are non-intrusive and comply to
the lighting requirements as stated within the Code.14. PLANNING AND
ENVIRONMENT - None 15. ORAL PRESENTATIONS - None
16. ADJOURNMENT MOTION SECOND AYES
ABSENT Murphy
Barrera
Murphy,
Barrera,
Mayor
Coontz,
Spurgeon Slater
The City Council adjourned at 9:
03 p.
m.1d.n~C.:tb.ur CASSANDRA J. THCART,
CMC CITY CLERK PAGE19
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