07-25-1995 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
July 25, 1995
The City Council of the City of Orange, California convened on July 25, 1995 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
Given by Mayor Joanne Coontz
1,2 ROLL CALL
PRESENT - Murphy, Mayor Coontz, Spurgeon, Slater ABSENT -
Barrera NOTE: Mayor
pro tem Barrera arrived at 4:40 p.m.1,3
APPROVAL OF MINUTES Regular Meeting,
July 11, 1995 MOTION - Murphy
SECOND - Spurgeon AYES -
Murphy, Mayor Coontz,
Spurgeon, Slater ABSENT - Barrera ACTION: Approved.1.
4 PRESENTA TIONS/
ANNOUNCEMENTS/ INTRODUCTIONS
1.5 PROCLAMATIONSProclamation honoring Senior
Services Agencies Open
House Week was presented to Keith Regan, Executive Director ofthe Senior
Citizens Center.2,CONSENT CALENDAR TAPE 129 2.
1 Declaration of Deputy City
Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting
of July 25, 1995 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
CITY COUNCIL MINUTES July 25, 1995
2. CONSENT CALENDAR (Continued)
2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment
of demands.
ACTION: Approved.
2.3 Request Council approve audit contract services with Ernst and Young for the City and
Redevelopment Agency in an amount not to exceed $75,000.00. (Continued from 6-
27 and 7-11-95,) (A2100.
0.Agr.2423)FISCAL IMPACT: Funds are available in Account No.
100-1201-
426300 (Audit and Auditing Services).ACTION: Continued to August 8, 1995 in order to
provide Staff time to
complete information requested by Council.2.4 CLAIMS
FOR DAMAGES FROM: (
C3200.0)a.
Ron Johnsen FISCAL IMPACT: None.ACTION: Denied claim and referred
to City Attorney and Adjuster.2.5 Request to award contract for the installation of
traffic striping, pavement markings and raised pavement markers at various locations, Bid No.
945-33. (A2100.0.Agr.2436)Low Bid - $93,500.00, Paving Contractors, Inc., 1105 E.
Hill
St., Long Beach, CA 90806 FISCAL IMP ACT: Funds are budgeted in FY 95/
96 through Traffic Safety/
Contractual Services Account No. 100-5032-427100.ACTION: Authorized Mayor and City Clerk to execute
on behalf of
the City, and reject all other bids.2.6 Request to award contract for the modification of
the traffic signal and safety lighting at the intersection of Glassell St. and LaVeta Ave.,
Bid No. 945-34. (A2100.0.Agr.2437)Low Bid - $11,288.00, Superior Signal
Service Corp.,
7224 Scout Ave., Bell Gardens,CA 90201 FISCAL IMPACT: Appropriation of$l1,OOO
from special funds cash reserve will be reimbursed from the Federal
Hazard Elimination Safety (lIES) Program. $288. is available in existing
Traffic Safety/Contractual Services Account No.
100-5032-
CITY COUNCIL MINUTES July 25, 1995
2. CONSENT CALENDAR (Continued)
ACTION: Authorized Mayor and City Clerk to execute on behalf of City, and reject all
other bids.
2.7 RESOLUTION NO. 8498
A Resolution of the City Council of the City of Orange finally accepting
the completion ofa certain Public Work and improvement; Bid No. 945-
20; Ivanco, Inc.; Cully Drive sewer from Batavia Street to 1185' east.
A2100.0.Agr.2357)
Final cost: $107,659.00
ACTION: Adopted Resolution No. 8498, accepting the sewer
improvements and authorizing the filing of a Notice of Completion and
Acceptance.
2.8 RESOLUTION NO. 8501
A Resolution of the City Council of the City of Orange finally accepting the completion of
a certain Public Work and improvement. (A2100.0.Agr.2345)
Bid No. 945-13; Steve Casada Construction Co. water mains for Century Ave.
from Jameson Street to Lincoln Street, Orange Street from Palmyra Avenue to La Veta
Avenue and Olive Street from Culver Avenue to La Veta
Avenue.Final cost: $106,886.
00 ACTION: Adopt Resolution No. 8501, accepting the water main improvements
and authorizing the filing of a Notice of Completion and
Acceptance.2.9 Request Council approve authorization to list for sale at auction, with LFC
Marketing Services Inc., the vacant lot located on the south side of Santiago Canyon road
across from Hunters Way and execute any documents for completion of the sale. (p2500.0.
1)FISCAL IMP ACT: There is a fee of one percent of the price which must be paid to
the County for participation in the auction whether or not the property is sold. Staff
is proposing that this amount be appropriated from Capital Improvement FundNo.'s
550-5011-483300-3014-00217 - $1,000.00 and 272-5011-483300-
3014 - $1,000.00 to Contractual Services Fund Account #
100-5011-426700-0000 and reimbursed from
the proceeds of the sale of the property.ACTION: Authorized Mayor and City
Clerk to execute on behalf of the City.2.10 Request Council approval
of Agreement D94-125 with the Van Daele Development Company and the
Orange County Flood Control District for maintenance of Santiago Creek primary channel and
indemnifYing the
County
CITY COUNCIL MINUTES July 25, 1995
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Maintenance of the open space will be financed under provisions of
Landscape Maintenance District 95-
1.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.2.11 Request Council approve a contract with Frank Page to provide consultant services to
the City for the Eastern Transportation Corridor in an amount not to exceed $8,000.
00.A2100.0 Agr 2325.
2)FISCAL IMP ACT: Funds are budgeted in the 95-96 fiscal year in Measure "M"
Funds in Account
No. 262-5001-426700.ACTION: Authorized Mayor and City Clerk to execute on
behalf of the City.REMOVED AND
HEARD SEP ARATEL Y)2.
12 RESOLUTION NO. 8505 A Resolution of the City Council of the City of Orange extending
the effective date of Resolution No. 8362 and amendments thereto relating
to the classification, compensation,and terms of employment of designated Management,
Staff Management, and Labor Confidential employees to February 29, 1996, and further
modifying said resolution asdescribed herein. (
C2500.J.4.1)Barbara DeNiro, 1118 E. Adams, asked if these figures include
benefit packages and perks on Items 2.
12 through 2.17?The Interim Personnel Director indicated the answer was yes and
reported the terms and conditions extend prior salaries terms, conditions of employment
and benefits an additional eight months;
other provisions are
provided.MOTION - Barrera
SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon,
Slater ACTION:
Approved.REMOVED AND HEARD
SEPARATELY)2.13 RESOLUTION NO.
8506 A Resolution of the City Council of the City of Orange extending the effective date
of Resolution No. 8361 and amendments thereto relating to the classification,
compensation,and terms of employment for Miscellaneous Employees of the City of Orange to
February 29, 1996, and further modifying said Resolution as described herein. (C2500.J.4.
7)ACTION: Approved. (See item 2.12 for vote count and
discussion.)PAGE
CITY COUNCIL MINUTES July 25, 1995
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEP ARATEL Y)
2.14 Letter of Understanding between the City of Orange and the Orange Municipal
Employees' Association. (C2500.J.4.1.1)
ACTION: Approved. (See Item 2.12 for vote count and discussion.)
REMOVED AND HEARD SEP ARATEL Y)
2.15 Letter of Understanding between the City of Orange and the Water Department
Employees' Association. (C2500.J.4.4.1)
ACTION: Approved. (See item 2.12 for vote count and discussion.)
REMOVED AND HEARD SEPARATELY)
2.16 Letter of Understanding between the City of Orange and the Operations and Maintenance
Unit represented by the Service Employees' International Union, Local 787.
C2500.J.4.4)
ACTION: Approved. (See Item 2.12 for vote count and discussion.)
REMOVED AND HEARD SEP ARATEL Y)
2.17 Letter of Understanding between the City of Orange and the Orange Management
Association. (C2500J.4.1)
ACTION: Approved. (See Item 2.12 for vote count and discussion.)
2.18 RESOLUTION NO. 8499
A Resolution of the City Council of the City of Orange approving a Custodial Agreement
with First Interstate Bank of California and authorizing certain City officials to execute the
agreement and documents related thereto. (A2100.0.Agr.2439)
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Items 2.12
through 2.17 were removed and heard separately; all other items on the Consent Calendar were
approved as recommended.URGENT ITEM ADDED
TO CONSENT CALENDAR MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater Moved that the need to address
this item 2.19 arose after the posting of the Agenda.PAGE 5 I
CITY COUNCIL MINUTES July 25, 1995
2. CONSENT CALENDAR (Continued)
2.19. Request Council consider a special promotion chairty fund-raiser to be held at
Regal Lanes on July 29, 1995. (p1300.
9)MOTION - Spurgeon
SECOND - Murphy AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.
END OF
CONSENT CALENDAR 3, REPORTS
FROM MAYOR COONTZ - None 4, REPORTS FROM
COUNCILMEMBERS - None 5, REPORTS FROM BOARDS,
COMMmEES, AND COMMISSIONS - None 6,ADMINISTRATIVE REPORTS TAPE 234
6,1 Report from the
Director of Public Works concerning proposed changes to the Traffic Commission Review Process, (OR1800,
O.19)The Director of Public Works
reported certain actions such as speed zones and truck routes must be adopted by the City
Council. Studies or requests that involve significant geographical areas or neighborhoods that will have a
high level of interest, it is recommended that these items be referred to Council for review
and discussion. An appeal process is also recommended, and that the appeal be in writing.
Where Traffic Commission recommendations would involve the commitment of city funds not
budgeted at the present time, items would go before Council for review and approval of financial
consideration. Council would also have the ability to call up any item they wish from the
Traffic Commission level whether it would normally go before Council or not.Mayor Coontz recognized
the following
people who spoke in favor:Bob Bennyhoff, 10642 Morada Dr.
Barbara De Niro, 1118 E.
Adams, asked how would a person find out what action is taken at the Traffic Commission meetings.The Director
of Public Works
indicated a summary of the Traffic Commission actions could be transmitted to Council and other
interested citizens.MOTION SECOND AYES Slater Murphy
Murphy,
Barrera,
Mayor
Coontz, Spurgeon,
Slater
PAGE 6 1----
CITY COUNCIL MINUTES July 25, 1995
6. ADMINISTRATIVE REPORTS (Continued)
Moved to approve modification of the City Traffic commission procedures and direct the City
Attorney to revise the Orange Municipal Code, Title 10, Vehicles in Traffic accordingly, and set
the Municipal Code Amendment for first reading. Also, to include the Traffic Commission
summary of action report.
6.2 Report on Orange County Investment Pool,TAPE 445
The City Manager reported $292,000 of interest monies was received from the Orange County
Pool. However, the investment pool is still a moving target and no one has any idea where the
20% stands nor does anyone else.
Mayor Coontz commented she had attended a meeting ten days ago at the City of Tustin
sponsored by the League of California Cities regarding reorganization of the County. However,
many people wanted to discuss the pool and how the cities could renig on what the County owed
them. Mayor Coontz commented an agreement was signed that the monies owed would be
returned and this should be expected and not give up.
Over the past years the State has taken away money from the City every year since 1991 at a
yearly average of $5,000,000. The question is how much will the State or County take away. It
is estimated to be $8,000,000. The cities have downsized over the past years which the County
could emulate and Orange continues to look for efficiency and at the same time provide good
services.
6,3 Treasurer's Report for June, 1995, (C2500,F)TAPE 556
MOTION
SECOND
AYES
Slater Mayor
Coontz Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to
receive and file the Treasurer's report. Council recommended that the issue of the Joint Powers Authority
be referred to the Investment Advisory Committee for further advice and recommendation.7.
REPORTS
FROM CITY MANAGER - None 8, LEGAL AFFAIRS -
None 9, RECESS TO THE
MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10, ORAL PRESENTATIONS Carole
Walters, 534 N.
Shaffer St., commented No Parking on Street Sweeping Days, between 7:00 a.m.
and 11:00 p.m. signs were posted on Shaffer Street. Where will people park that have business with Orange High
School during these hours. Mrs. Walters suggested the hours be changed to an earlier
time. Chapman University has this arrangement.The Director of Public
Works commented he would investigate the situation.PAGE 7
CITY COUNCIL MINUTES July 25, 1995
10, ORAL PRESENTATIONS (Continued)
Mrs. Walters further commented that on August 7th Chapman University was to go before the
Planning Cormnission regarding a parking lot located on Orange Street on the west side.
Chapman University cancelled. Jim Beam was called but he was out of town. Mrs. Walters
indicated Chapman University has not had a community meeting since May.
The Director of Community Development reported the application was filed by Chapman
University to convert the area to a parking facility. It was originally scheduled for a Planning
Cormnission hearing on August 7th however they are on hold with no future date. There is no
finalized plan. The Director of Community Development felt confident Chapman University
would have a community meeting to further discuss their plans before the Planning Cormnission
occurs.
Mayor Coontz suggested Mrs. Walters put her questions in writing to Chapman University.
Larry Rhinehart, 21865 E. Copley Dr., Diamond Bar, spoke on the Air Quality Management
District's expanded local government outreach effort and distributed an informational packet.
11, RECESS
MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City
Council recessed at 5:50 p.m. to a Closed Session for the following purposes:a, Conference
with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a):
City of Orange
vs, James Daum, et aI., Orange County Superior Court Case No. 73-86-30 b.
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:City
Negotiator: Acting Personnel Director.Employee
Organization: Ail Employee Organizations (List Available in Personnel Office).c,
To consider and take possible action upon such other matters as are orally announced by the City
Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates
any of the matters will not be considered in Closed Session.The
City Council recessed at 6:30 p.m. to the 7:00 p.m. Session.PAGE
8
CITY COUNCIL MINUTES July 25, 1995
7:00 P.M, SESSION
12, INVOCATION
Dr. Carol Orcutt, First Church of Christ Scientist
12,1 PLEDGE OF ALLEGIANCE TO THE FLAG
Given by Mayor Joanne Coontz
12,2 ANNOUNCEMENTS - None 12.
3 INTRODUCTIONS - None 12.4
PROCLAMATIONS - None 12.5 PRESENTATIONS -
None 13.REPORTS FROM CITY
MANAGER TAPE 2568 13.1 PROPOSED SEVEN
YEAR CAPITAL IMPROVEMENT PROGRAM:Report from the City
Manager on the proposed Seven Year Capital Improvement Program and adoption of appropriations for
the CIP Fiscal Year 1995/96 projects (continued from June 27,1995 Fiscal Year Budget
Public Hearing). (C2500.J. I.l)The Revenue Managerreported
included in this report are the first year projects which are recommended to be included
in the 1995/96 Budget. The Planning Commission has reviewed the document and found all
the projects to be in conformity with the General Plan except for one out-year project which was
recommended to not expend funds until that project comes into complete conformity with the General
Plan. There are no Redevelopment funded projects in this project list.Mayor Coontz recognized
the
following speaker:Barbara DeNiro, 11 18
E. Adams, who asked the following questions:Does this document include
TSIP and other funds?The City Manager indicated
yes it does.Page I I, Traffic
Signal, Tustin! Adams/Quincy Streets, ProjectDescription - this project provides for installation of pedestrian signals
at Tustin! Adams/Quincy - what does this mean?The Director of Public Works responded
this project is for the installation ofa traffic signal at the Post Office entrance at Quincy and
Tustin involving the removal of the existing pedestrian flashers. The second part of this
subject involving funding for modifications that might be necessary for the Post Office parking
lot is located in another section of the document.PAGE 9 1-
CITY COUNCIL MINUTES
13. REPORTS FROM CITY MANAGER (Continued)
July 25, 1995
Mayor Coontz indicated the wording was confusing; people thought the signal would be at
Adams Street, but this is incorrect with no proposed signal at Adams Street.
Page 15, parking lot wordage - "This project will construct a parking lot at the Main Post Office at
Tustin in conjunction with adjacent signal" - does this mean reconstruct?The Director
of Public Works reported this project would involve significant changes to the parking lot
in grading and layout to accommodate the signal and improve the traffic circulation.However, it
is hopeful the amount of reconstruction can be reduced and still achieve the improved circulation and
traffic signal installation. These changes are for the front area parking lot only.Mayor Coontz
indicated the rear area of the Post Office cannot be used for parking because of security reasons.
This may
not involve a signal, but will there be diverters?The director
of Public Works indicated diverters were not part of this project proposal. It was proposed, once
the signal was constructed and in place with traffic patterns established, to revisit the area
with a study to find out what changes have taken place.MOTION SECOND
AYES
Spurgeon
Barrera
Murphy, Barrera,
Mayor Coontz,
Spurgeon, Slater Moved to approve the Seven
Year Capital Improvement Program.MOTION SECOND AYES Spurgeon Barrera
Murphy,
Barrera,
Mayor
Coontz, Spurgeon,
Slater Moved
to accept the finding of the Planning
Commission that the Seven Year Capital Improvement Program is consistent with the General Plan,
except as specifically noted.MOTION SECOND AYES Spurgeon Barrera Murphy, Barrera, Mayor
Coontz,
Spurgeon,
Slater
Moved to
direct that
no funds be expended on inconsistent projects
prior to amending the General Plan to ensure consistency.MOTION SECOND AYES Spurgeon Mayor Coontz Murphy,
Barrera, Mayor Coontz, Spurgeon,
Slater
Moved
to
appropriate funds
for 1995/96
Capital Improvement Projects.PAGE 10
CITY COUNCIL MINUTES
14. PUBLIC HEARINGS
July 25, 1995
TAPE 2820
14,1 APPEAL NO. 425, CONDITIONAL USE PERMIT 2103-95,
SUEDE BILLIARD/RESTAURANT, MEHDI RAFATY: (A4000.
0)Time set for a public hearing to consider Conditional Use Permit 2103-95 which was
denied by the Planning Commission on April 3, 1995 and appealed to the City Council.
Conditional Use Permit 2103-95 is a request to modifY a previously approved Conditional Use
Permit (CUP 2012-93) to allow dancing and live music entertainment as an accessory use
toan existing billiard/restaurant facility upon property located at 1988
North Tustin Street.NOTE: This project is categorically exempt from California Environmental
Quality Act (CEQA)per State CEQA
Guidelines Section 15301.APPELLANT STATES THE FOLLOWING REASONS
FOR THE APPEAL:It is our belief that the Planning Commission was not completely informed of
all the facts."MAYOR COONTZ OPENED
THE PUBLIC HEARING.The Director of Community Development reviewed the past history.
Conditional Use Permit 2108-95 will allow live entertainment and dancing within the business, and the
adding of the stage and dance floor area. The number of billiard tables within the business is
proposed to be reduced from 10 to 8 to allow for the additional uses to occur. The hours proposed are 5:00 p.
m. to 2:00 a.m. on Monday through Wednesday, 12 Noon to 2:00 a.m. on
Thursday through Saturday. The applicant is also proposing to provide valet parking for scheduled events
having over 150 patrons.The Planning Commission, at their hearing, considered a six month approval after
that time it be brought back to the Planning Commission for a second hearing to make
sure there no problems.The Planning Commission's motion to approve the application, however it received
a 2-2 vote and without a
majority approval it was denied.The 8:00 p.m. to I :00 a.m. reference is a condition suggested
by the Police Department limiting the hours oflive entertainment and dancing and is
included in the recommended conditions.Mayor Coontz asked if entertainment begins at 8:00 p.m.
will there be enough parking.The Director of Community Development indicated there could be an
overlap in the demand on parking lots if the entertainment began at 8:00 p.m. and Raffaellos
Restaurant does not close
until 10:00 p.m.Mayor pro tem Barrera expressed concern regarding security of the
rear area of the
complex being used for parking Medhi Rafety, 1010 La Mirada, Laguna Beach, gave the
following presentation
and responses
CITY COUNCIL MINUTES July 25, 1995
14, PUBLIC HEARINGS (Continued)
Talked to every business owner in the center who signed a document that live entertainment will
not effect their business in a negative manner. Also the owner has concurred, as well as
Raffaellos Restaurant.
The business does not begin until 10-10:30 p.m. If there are bands or dancing, this starts
after 10:00 p.m. Raffaellos Restaurant closes at 9:30 p.m. most nights and 10:30 p.m. weekends.
The front parking lot is mostly vacant which provides 185 parking spaces. Suede's capacity is 300.
If the average is two people per car, there are approximately 150 cars to fill the front parking
lot.Valet parking is provided and the company will provide service on event nights (Fridays and
Saturdays). This is proposed to be on the side and back of the parking lot which will eliminate the
security problems.
Suede's is centrally located in the complex so noise is not a problem and has a good record with
the Police Department.
Events means a DJ, Karoke, jazz band or any band or anything that would constitute a largernumberofpeoplethanisnormal.
The approximate age of the crowd is between 25-
35.A CUP was issued in 1994 to allow live entertainment on the weekend. Suede appealed to
allow for seven days of live entertainment. Council denied the appeal and the original license. After
the appeal Suede began collecting signatures from the public and businesses at the centerbeginningAugust1994throughJanuary
1995.Andrew Lewis, 21622 Margaret Parkway, Mission Viejo, commented on a letter from
Kojak Securities who evaluated the area and will supply security guards; two in the back and two in
the front of the parking lot for any event with more than 50 people. Also they will supply
valet parking handling up to 200 cars. The letter indicates the requirement for free valet parking
for customers will be $250 per month. If the application is approved, it would becomplimentaryvalet. The only times this would be used is an occasional Friday/Saturday night, not to
exceed more than one or two per month from the hours most of the businesses in the area are
closed.The Police Chief commented several meetings have been held with the owner to mitigate
the Police Department's concerns. This area is considered high crime. Suede has been
monitored very closely and has not been a police problem. It is believed that conditions could be put forth
to support a temporary license and evaluate this for six months, but only predicated on
live entertainment for the weekend only in order to revisit it to see if it is negatively impacting
the neighborhood or center ifit does it would be
revoked.There is a caveat here the applicant or his brother is to be at Suede all the time to ensure
that things are going well. This has been the case. Recently, the Police Department has been
notified of a person-to-person transfer which means the Alcoholic Beverage
Control License is transferable to another person. It is unsure if the same commitment will exist
of the onsite management. The concern is this may be a condition of sale, that Council's
approval is a condition of the sale ofthis establishment, and that the name is going to be
changed to Comer Pocket. Once an establishment is licensed, the owner can at any time transfer the
license and the City cannot protest unless the establishment has been closed
for 90
CITY COUNCIL MINUTES July 25, 1995
14. PUBLIC HEARINGS (Continued)
Council expressed concern regarding the matching of requirements of valet and security with the
hours that most people would be there for events.
Mr. Lewis responded the hours will start earlier for valet parking and security. The contracts
indicate it is the same price to start them earlier than to start on time. Security will be there part
time from 9:00 p.m. to 2:30 a.m. from Thursday through Sunday and at peak business hours.
Suede does not have exclusive rights to the parking lot in the rear of the complex.
The City Attorney was asked to explained transfers of licenses. He explained a conditional use
permit runs with the land. Any permitee could transfer it. Council expressed concern regarding
the management and there may be certain conditions that could be imposed to mitigate the impact
of this type of use. Staff could recommend conditions that would ensure management issues be
included in the CUP.
Mr. Lewis was asked if he was 100% owner of Suede. Mr. Lewis indicated he is the owner, but it
is in escrow pending the Alcoholic Beverage Control license approval. He responded he would
cover the business around the clock. Regarding insurance and liability to the City, he has a
1,000,000 plus policy which names the City and owner of the plaza. The valet and security
companies have their own insurance.
The following people spoke in opposition:
Barbara DeNiro, 1118 E. Adams
Reverend Ron Martin, 1895 N. Shattuck
Their concerns were as follows:
How many other similar businesses are there in the City?
Too many changes in owners.
Citizens should be looked after first.
Violates the Orange Municipal Code, says CUP shall not be granted if it causes deterioration of
bordering land use or creates special problems for the area.
Mr. Martin distributed material which included several neighbors signatures in opposition.
Biggest concern was noise that generated from the live bands.
Backdoor does not always stay closed.
Rebuttal:
Mr. Lewis commented he is moving into the community. The back door of the establishment will
have a security guard posted there.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
PAGE 13
CITY COUNCIL MINUTES July 25, 1995
14. PUBLIC HEARINGS (Continued)
Council gave the following comments:
Would like to hear if the escrow is closed.
The petition signed by the business owners is not accurate, it is to reinstate Suede's live
entertainment license.
Valet parking issue needs to be clarified.Who
will manage the business?Inconsistencies
oftime which need to be addressed.Question
of insurance.Has
the owner of the property approved the use of a valet?Mr.
Rafety indicated the owner is aware of this. (Needs to be in writing for Council.)Officially,
who would the City be dealing with?Is
the transfer of this business contingent on the granting of live entertainment?Mr.
Lewis indicated it was not.Councilman
Slater gave the following concerns: "My personal feeling is that considering the length
oftime this transfer might take, 4-5 months, I would suggest we deny it at this point and
ask the applicant to come back at the time the transfer has been made. I have some personal
concerns also. I have a problem with live entertainment being in this shopping center. It is a nice
shopping center and has been nicely rehabilitated through our Redevelopment Agency.
Unfortunately it is adjacent to homes and there is no way to avoid that type of impact. I
appreciate the enthusiasm in investing in a business. I visited Suede and was quite impressed, but
I cannot picture there being live entertainment. I would rather see us move in the direction of a
denial at this time. "
MOTION
SECOND
AYES
NOES
Barrera Spurgeon
Murphy, Barrera,
Mayor Coontz, Spurgeon Slater Moved to
continue this
issue to October 24, 1995 Council meeting with staff assistance regarding additional conditions.15. PLANNINGANDENVIRONMENT -
None 16, ORAL PRESENTATIONS - None PAGE
14
CITY COUNCIL MINUTES July 25, 1995
17, ADJOURNMENT
MOTION
SECOND
AYES
Barrera Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City
Council adjourned at 8: 11 p.m.MARILYN J,
JENSEN MARILYN 1.
JENSEN, CMC CITY CLERK
l~/ .J/
a~-
Jj / L. /J. /?1' JOANNE
C. COONTZ I MAYOR i./
THCART,CMC
LERK I
I,
PAGE15