10-24-1995 Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER
CITY COUNCIL MINUTES
OF A REGULAR MEETING
14, 1995
ORANGE, CALIFORNIA
October 24, 1995
The City Council of the City of Orange, California convened on October 24, 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
Led by Mayor pro tem Fred Barrera.
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting
October 10, 1995.MOTION - Murphy
SECOND - Barrera AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater ACTION: Approved.1.4 PRESENTA
TIONSI ANNOUNCEMENTSI
INTRODUCTIONS Resolution No. 8525 was presented
to Carl D. (Swede) Erickson of the Orange Water Department, commending him for more
than thirty-three years ofloyal and dedicated sefV1ce.Resolution No. 8527
was
presented to Ella Mae Fee of the Orange Community Development Department, commending her
for more than eighteen years ofloyal and dedicated service.Resolution No.
8532 was
presented to Bernie W. Dennis of the Orange Public Works Department, commending him for
more than thirty-two years ofloyal and dedicated sefV1ce.A Certificate
of
Recognition was presented to Jessica Keenan, team member of Batbusters, for winning
the Fast Pitch Softball National Championship.Orange International Street
Fair Board of Directors presented a check to the City in the amount of $65,
963.00 for services rendered during the 1995 International Street Fair.ORI800.0.60)
1.5 PROCLAMATIONS -
None.PAGE 1
CITY COUNCIL MINUTES October 24, 1995
2. CONSENT CALENDAR - Tape 700 2.
1 Declaration of City Clerk, Cassandra 1. Cathcart, declaring posting of City Council agenda of
a regular meeting of October 24, 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.2.
2 Request Council confirmation of warrant registers dated October 6 and 10, 1995.ACTION:
Approved.2.
3RESOLUTION NO. 8534 A
Resolution of the City Council of the City of Orange authorizing staff to upgrade Position
No. 828 from a part-time, 20 hours Legal Secretary in the City Attorney's Office
Account No. 740-0301) to a full-time, 40 hours Legal Secretary
and, furthermore,authorize staff to transfer sufficient funds from the Legal Services Account
No. 740-0301-426100 to fund the upgrade of the position. (
C2500.B
RES-8534)ACTION: Approved.2.
4 RESOLUTION NO. 8533 A Resolution of the City Council of the City of Orange
upholding the recommendation of the Planning Commission of the City of Orange and granting a
conditional use permit to allow an accessory second dwelling unit upon property situated
at 282 North Magnolia Street. CUP 2114-95 - Robert Setten, Applicant. (
C3300.0
CUP-21 14-95)ACTION: Approved.2.5 Request authorization to approve
a Homeowner Participation Program Grant and authorize the Finance Department to prepare a warrant in
the amount of $1,100. Case No.
592. (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 SEPARATELY.)2.6 Request from Chapman
UniversityfDisciples of Christ for permission to conduct a Unity Walk through a specified
route along public
streets on
CITY COUNCIL MINUTES October 24, 1995
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: None. All fees and requirements will have been met prior to the
event.
MOTION - Coontz SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved, subject
to Staff safety conditions being met. The City Manager is authorized to cancel
the event if Staff conditions are not met.2.7 Request
from the Episcopal Service Alliance for permission to conduct a "Renaissance Faire" at Hart
Park on June 7, 8, and 9, 1996. (p1300.0.9)FISCAL IMP ACT:
None. All fees and requirements will have been met prior to the event.ACTION: Approved.
2.
8 Request
from Orange North Rotary to conduct a one-day antique show and sale at the Municipal Parking
Lot at Chapman Avenue and Lemon Street on Sunday, April 28, 1996.p1300.0.
9)FISCAL IMP
ACT: None. All fees and requirements will have been met prior to the event.ACTION:
Approved.
2.9
Request from St. John's Lutheran Church for the temporary closure of the 100 block ofS.Shaffer St.
on October 28, 1995 to facilitate a fund raising event while enhancing pedestrian and
motorist safety. (S40OO.S.4)FISCALIMP
ACT: None. All fees and requirements will be the responsibility of St.John's
Lutheran Church.ACTION: Approved.
2.10
Request for the installation of red curb markings in front of the business located at 434 W.Meats Ave. (
S4000.S.3.1.1)FISCALIMPACT:
Provisions have been made for this type of work from General Funds budgeted for
the Contractual Services Account No. 100-5032-427100.
ACTION: Approved.
PAGE 3
CITY COUNCIL MINUTES October 24, 1995
2. CONSENT CALENDAR (Continued)
2.11 Request for a protected left-turn phase at the intersection of Eckhoff St. and
Orangewood Ave. (S4000.S.3.
3)FISCAL IMP ACT: Traffic Engineering will attempt to acquire Federal Assistance for
this work through the Federal Hazard Elimination Safety Program (
RES).ACTION:
Approved.2.12 Request for a crossing guard at the intersection of Cannon St. and San Juan
Ave.S4000.S.3.
5)FISCAL IMPACT: Requires an appropriation of$5,234.52 annual salary from
the General Fund Appropriated Reserves be placed into the Police Dept. Salary Account
No.
100-4041-
413102.ACTION: Approved.2.13 Request Council appropriate $28,900 from TSIP - Area "B", Fund 284,
to Account Number 284-5032-483300-6083. In order to insure that the City
of Orange's needs were met with the widening of the SR 55, the City entered into
a joint agreement with OCTA for design considerations. OCTA has performed
environmental and project report work on the City's behalf at a costof $28,
900. (S4000.S.3.7 FISCAL IMPACT: Funds are available in TSIP - Area "B" reserves and
there will be no impact to the
City's
General Fund.ACTION: Approved.2.14 Request Council appropriate $10,000 from Measure "M" Reserves,
Fund 262 to Account Number 262-5011-424501. It is necessary to establish
an expenditure fund to pay taxes and maintenance expenses for properties acquired
for future street widening thatare currently
being rented. (S4000.S.3.7)FISCAL IMPACT: Funds are available in Measure "M"
Reserves and there will be no impact
on the
City's General Fund.ACTION: Approved.2.15 Request Council approve a Quitclaim
Deed conveying waterline easements to Raymond and Marie Terry, Trustees that are no longer
needed within the Orange Mobilehome Park
north of Meats Avenue. (D4000.0)FISCAL IMPACT: The estimated $20.00 recording
fee will come
from Account No.600-8001-426100 (legal fees).ACTION: Authorized Mayor and City
Clerk to
CITY COUNCIL MINUTES October 24, 1995
2. CONSENT CALENDAR (Continued)
2.16 Request Council approve a Quitclaim Deed to Crawford Hills - Orange L.P., a California Limited
Partnership, conveying easements for abandoned water lines adjacent to Crawford Canyon
Road. ((D4000.0)FISCAL
IMP ACT: There is no charge or fee to record this document.ACTION:
Authorized Mayor and City Clerk to execute on behalf of the City.REMOVED
AND HEARD SEPARATELY.)Note:
Councilman Murphy left the podium. He explained he would not participate in the discussion
due to a potential conflict of interest, since he is employed by the company in question.2.
17 Request Council authorize staff to negotiate with Hewlett Packard for a HP 9000 Series K-
200 computer and to purchase said computer and contract for installation and
conversion. Due to continual breakdowns and constant down time, it is necessary to
replace both the City's Prime Computer used for finance, building, and various other
records and the City's Vax Computer used for Geographic Information System
applications. (C2500.J.2)
FISCAL IMPACT: Monies to be appropriated from the various funds as follows:
General Fund (100) $300,000
Drainage Districts Fund (530) $ 50,000
Sewer Construction Fund (520) $ 50,000
Councilman Spurgeon asked if this was a sole source bid. Bob Von Schimmelman,
Chairman of the MIS Committee, indicated a Request for Proposal was issued and three
responses were received from vendors. This proposal is recommended. Councilman
Spurgeon asked ifthis was the lowest bid. The MIS Committee Chairman indicated each
proposal was a little different - different operating systems, training, etc. They were analyzed
on the basis of technical, reliability, and financial solvency of the computer companies.
A matrix was put together to determine which proposal was the strongest.Two
proposals were only a couple of thousand dollars apart. Comparing them equally,the
committee felt this was the lowest.Councilman
Spurgeon asked about retaining the Consultant to study the Finance Department
procedures and recommend the most appropriate productive software package.
Bob Von Schimmelman indicated the Finance Department is looking at how their
operation can be streamlined to become more efficient, using new technologies.They
want a Consultant from one of the big accounting firms to look at how they operate and
make recommendations. Since Staff is proposing to upgrade the computer system,and
the City is in transition with the Organizational Transition Plan, Staff felt it was the most
prudent time to do this. Mayor Coontz asked if training or anything else was included
in the price. Mr. Von Schimmelman indicated training and a myriad of other things
are included, like new cabling, a new configuration in the computer room, etc. All those
costs are included.PAGE
5
CITY COUNCIL MINUTES October 24, 1995
2. CONSENT CALENDAR (Continued)
Mayor pro tem Barrera asked about the timing of the installation, and about guarantees.
Staff indicated there should be no down time. They plan to run both systems concurrently
to make sure there are no problems with the new system. As soon as Staffis assured the
new system is running smootWy, the old system will be turned off They are currently
negotiating with the company on the timing. Council asked for a demonstration of the
new system when it is installed.
MOTION - Spurgeon SECOND -
Barrera AYES - Barrera,
Mayor Coontz, Spurgeon, Slater ABSENT - Murphy ACTION:
Approved.Council requested
that items
of this type, involving the expenditure oflarge amounts of money, be placed under
Administrative Reports in the future.2.18 Request from
KLOS Radio to conduct the "Mark and Brian Day Before Thanksgiving Day Parade" in the
Plaza area on the morning of November 22, 1995. Street sweeping and permit parking violations
will be waived on that day to accommodate parade parking.p1300.0.9)FISCAL
IMPACT: None.ACTION:
Approved.2.19
Request Council
approve closing the Main Library, Taft Branch Library and El Modena Branch Library on Saturday,
November 11, 1995, in observance of Veteran's Day.C2500.I)FISCAL IMP
ACT: There
will be no expenses incurred while the libraries are closed.ACTION: Approved.2.20
Request Council
approve closure of the Plaza on Sunday, December 17, 1995 from 4:00 to 8:00 p.
m. for a tree lighting ceremony. (S4000.SA)FISCAL IMPACT: Budgeted in
Account No. 100-7016-443800, Part-Time Seasonal Salaries,
Materials and Supplies in fiscal year 1995-96 budget.
ACTION: Approved.
PAGE 6
CITY COUNCIL MINUTES October 24, 1995
2. CONSENT CALENDAR (Continued)
2.21 RESOLUTION NO. 8537
A Resolution of the City Council of the City of Orange amending the Master Schedule of
Fees and Charges pertaining to medical supplies and Emergency Medical Transportation
Rates. (C2500.J.1.0.1)
ACTION: Approved.
URGENT ITEM:
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved that the
need to take action on the following item arose after the posting of the agenda.2.22
Request
authorization to purchase the house and property located at 5425 E. Valencia Street for $240,
000, plus escrow expenses in order to widen Cannon Street to secondary highway standards. (P2500.
0.1)FISCAL IMPACT: Funds
are available in Proposition 111 - Special Gas Tax Fund No.272-5011-483300-3424.
ACTION:
Approved and authorized the Mayor and City Clerk to execute all escrow and related
papers to consummate the purchase of the property.MOTION -
Spurgeon SECOND - Barrera
AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Items 2.6 and
2.17 were removed and heard separately. All other items on the Consent Calendar were approved as recommended.
Item 2.22 was added as an Urgent Item.END OF CONSENT CALENDAR
3. REPORTS FROM MAYOR
COONTZ - Tape 960 3.1 Report on Orange
County Investment Pool.The Assistant City Manager reported
the Governor has signed legislation on the so-called consensus plan'. Cities are
asked to participate by signing the agreement to implement the consensus plan. This agreement
is currently being reviewed by the attorneys for the Pool Investors' Committee and the
City Attorney. They expect to have the agreement on the November 14th City Council
agenda for approval. It must be returned to the County by the first of December.PAGE 7
CITY COUNCIL MINUTES October 24, 1995
4. REPORTS FROM COUNCILMEMBERS - None.5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.6. ADMINISTRATIVE
REPORTS 6.1
Treasurer's Report for September, 1995. (C2500.F)MOTION - Barrera
SECOND - Spurgeon AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater Moved to receive and file
Treasurer's report for September, 1995.Councilman Spurgeon asked for an
update from the Investment Advisory Committee on the outside Investment Advisor. The Acting
Finance Director reported she created a matrix of information on candidates who are
interested in being an outside Investment Advisor. Seven proposals were received and reviewed.
The Investment Advisory Committee will meet this Thursday to provide their input
and recommendations on the proposals. The applicants have been reviewed in-house, identifYing strengths
and weaknesses of each candidate. Staff expects to have a recommendation to Council
by the November 14th meeting.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.,
asked why businesses left The City Shopping Center and ifit was related to the Mills Company
coming in there. Councilman Murphy indicated it was more because J. C. Penney's decided
to close their store.Ms. Walters also talked about garage
sales and fund raising for Jamie Schreck and thanked everyone for their support.11. RECESS
The City Council recessed
at 5 :
25 p.m. to a Closed Session for the following purposes:MOTION - Mayor Coontz SECOND - Murphy AYES -
Murphy, Barrera, Mayor Coontz,
Spurgeon, Slater Moved
that the need to take action on the
following item arose after the posting of the agenda.Sale ofreal property at 488 S. Glassell.Negotiating parties:
City's Real Property representative and Alberto
Flores.PAGE 8
CITY COUNCIL MINUTES October 24, 1995
11. RECESS (Continued)
Under negotiation: price and terms.
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.Lifefleet, Inc. vs. City of Orange, Orange County Superior Court Case No. 75
38
65.b. Conference with Legal Counsel - anticipated litigation.
Initiation of litigation pursuant to Government Code Section 54956.9(c) (one potential
case).
c. Conference with real property negotiator regarding purchase, sale, exchange, or lease of real
property pursuant to Government Code Section 54956.8:
1) Property: Vacant land west side of Santiago Canyon Road, South of Hunter's Way
Assessor's Parcel No. 93-
241-11).Negotiating parties: Sale
by auction.Under Negotiation: Price
and terms.2) Property: Approximately 1.25 acres on Chapman Avenue (Assessor's Parcel
No.
093-1509-63).Negotiating parties:
Purchase at auction.Under Negotiation:
Price and terms.3) Property:
4649 East Walnut.Negotiating parties:
Sale by auction.Under Negotiation:
Price and terms.d. Conference with Labor Negotiator pursuant to Government Code
Section 54957.6.City Negotiator:
Interim Personnel Director Employee Organization: All Employee Organizations (List
available
in Personnel Office)e. Employee appointments pursuant to Government Code Section
54957: Personnel Director.f 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
CITY COUNCIL MINUTES October 24, 1995
7:00 P.M. SESSION
12.1 INVOCATION
Pastor Ron Gleason, Covenant Presbyterian Church.
12.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Fred Barrera.
12.3 ANNOUNCEMENTS - None.12.
4 INTRODUCTIONS - None.12.5
PROCLAMATIONS (p2000.0)A proclamation
was presented to Suzette Gibbs honoring CPRlFirst Aid Week, October 22-28,1995.
CPRlFirst
Aid Certificates of Recognition were presented.Good
Samaritan Certificates of Recognition were presented.A
proclamation honoring Central Orange Bobby Sox, 1995 National Championship was presented.
A
proclamation was presented to Jacqui Kerzie in recognition of National Down's Syndrome Awareness
Month, October, 1995.12.
6 PRESENTATIONS - None.13. PUBLIC
HEARINGS Tape 2195 13.1
GENERAL PLAN AMENDMENT 2-95, ZONE CHANGE 1177-95, ORDINANCE
AMENDMENT 4-95 KA TELLA AVENUE CORRIDOR REZONE PROJECT: (C2300.
E
GPA-2-95)Time set for a public hearing on petition by the City of Orange, proposing the
creation of a Commercial Recreation designation along the Katella Avenue
Corridor. The Commercial Recreation designation is intended to provide for commercial and office uses with
a specific focus upon entertainment and recreational uses, regional and community-serving
retail and service uses,and
higher intensity office developments.General Plan Amendment 2-95, an amendment to the City's
General Plan Land Use Element,changingthe existing Industrial, Maximum 0.4 Floor
Area Ratio (FAR) designation between Glassell and Batavia Streets to Commercial Recreation, Maximum
0.5 FAR. Between Batavia and the Santa Ana River, the existing Industrial, Maximum 1.5
FAR, designation will be changed to Commercial Recreation, 1.5 FAR. Commercial Recreation is
proposed as a new designation within the
General Plan
CITY COUNCIL MINUTES October 24, 1995
13. PUBLIC HEARINGS (Continued)
Ordinance Amendment 4-95, an amendment to the City's Zoning Ordinance, Chapter 17.18 -
Commercial Districts, to include use and development provisions for the Commercial Recreation
District.
Zone Change 1177-95 - Redesignation of the Katella Avenue Corridor from its existing zoning of
M-l, Light Manufacturing, M-2, Industrial and C-l, Limited Business District,
to the proposed
Commercial Recreation zone.Negative Declaration 1478-95 has been prepared to evaluate
the potential environmental
impacts of this project.The Manager of Current Planning stated that Staff has held a series of
workshops to inform the Council, Planning Commission, property owners, business owners, and the
general public of the proposed new land use plan for Katella Avenue. In general, the plan
has been well-received. The change is being proposed because it represents
the greatest current economic development opportunity within the northwest industrial area. It
will promote greater compatibility between businesses along Katella Avenue. It will also give the
area some identity and organization.Currently, the area is an eclectic mix of uses which lacks direction,
consistency and a sense of what it can become. Staff feels it is a proactive approach
to attracting and retaining businesses.The plan is reflective of what has been happening in the
marketplace. The area has been transitioning to commercial uses. This plan acknowledges those
market forces, yet attempts to make the transition from industrial to commercial uses as
painless as possible for existing businesses in the area. Staff feels now is a good time
to plan for the future.The Economic Development Specialist presented the vision statement
of the area. It was indicated Katella Avenue is one of only three 'smart' streets in the
county which are intended to help moved traffic through the county
in a more efficient manner.The Associate Planner reviewed the proposed regulations to implement this
plan, as well as some of the concerns presented at the Planning Commission
hearing, which the Planning Department discussed with the property owners in the area. The
concerns relate to the non-conforming provisions. A non-conforming use can be replaced
by a similar non-conforming use, provided the Community Development Director finds that the
proposed use is equally or more appropriate than the existing non-conforming use. The concern is
that the language is too subjective and does not define what uses are
acceptable. Staff has added language to address this concern.The second concern is that there is currently no
vehicle established in the provisions to allow for a market-responsive transition
to the new Commercial-Recreation zoning. If the zoning does not work out, there is
no provision to allow for a conversion from Commercial-Recreation back to Industrial. Staff has
added language to the Code to address this concern. There are two remaining
concerns Staff has not addressed. The first deals with allowing existing developments which
have transitioned 100% to Commercial-Recreation to convert back to Industrial. The other is to
allow for
CITY COUNCIL MINUTES October 24, 1995
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
The following people spoke:
Annika Santalabti, Anabeim Planning Department, P. O. Box 3222, Anaheim 92803, expressed
Anaheim's concerns regarding Orange's discretionary site plan review process for certain
permitted uses in the proposed Commercial-Recreation zone, such as stadiums, arenas
and commercial sports facilities are permitted uses in the new zone. They want it specified in
the Code that stadiums, arenas and sports facilities require site plan
review.Jim Potter 5300 Paseo Panorama, Yorba Linda, was concerned about the
Community Development Director's discretion, but is comfortable with the changes Staff made in this
area.The second concern is the transition from CoR zone and, if that didn't work, going back
to Industrial. He feels pretty comfortable with the proposed language, although he would like to
see an expansion on that to include a single, free-standing building that would not
have an opportunity to progress in increments to deal with the 95% proposed. A
single-use building would be all or nothing. He would like the Community Development Director
to have the authority to review that type of building and allow it to convert back to
industrial. Third, there are some industrial uses which fall more in an M-l category that may be very
compatible to the C-R zone, but would not be allowed. He would like a provision giving
Council discretion, through a CUP, to allow M-l uses. Fourth, a number of uses are not allowed.
Council may wish to allow some of them with a Conditional Use Permit or as an accessory
use, such as sports injury businesses, and chiropractic-type uses. These businesses may fit very
well in an office building in this zone, but would be prohibited. A stock brokerage
firm would be prohibited, although that may have been an oversight, as well as motorcycle sales
and recording studios. He asked Council to adopt Staff's proposed changes into the rezone, as well
as his consideration regarding a CUP for light
manufacturing, and the other uses mentioned.Steve Prothero, 741 E. Briardale, Orange, supports Mr. Potter's
comments. He feels there is a hole in the Code dealing with
quasi-commercial, quasi-manufacturing uses. M-l and M-2lirnits retail or office as an accessory use to
25%. The CoR zone does not allow for any manufacturing.You may have 50% retail, 50%
manufacturing as a couple of properties currently do. This would not meet the M-l Code, nor the
CoR zone. He currently owns 8 acres of undeveloped property in the area that is currently a strawberry
field which he does not feel is compatible with the CoR zone. He wants part
of his property withdrawn from the rezoning process
or the possibility added, through a CUP, of an M-type use.Carole Walters, 534 N.
Shaffer Street, wanted assurance that this area would not have a business come in like The Tunnel,
which just had its CUP revoked. The Police Chief indicated they could not prevent it if it came in the same way,
but it would be dealt with in the same way, should it happen. They now ask for a six-
month review when
CUP's
CITY COUNCIL MINUTES October 24, 1995
13. PUBLIC HEARINGS (Continued)
Tim Galusha, 2603 Main Street, Suite 1300, Irvine, representing Yoder Trust Properties, owners
at 625-633 W. Katella Avenue. Their primary concern relates to the discretion of the
Community Development Director as to whether a use is equal or more appropriate to a previous
non-conforming use. They feel the new proposed wording is still too subjective, and propose
new language: "a use listed as an M-l or M-2 use shall be considered an equal
or more appropriate use". This would assure a property owner that a new tenant's use will be
acceptable to the Community Development Director. This is a particular concern in a transition, where
a use that has gone from Industrial to Commercial may then go back to Industrial. He
supports the changes proposed by the
other property owners.John Aschieris, 739-741 W. Katella Avenue, supports the zone
change. He shares concerns addressed by Jim Potter relating to the economics of the change, and asked
that his comments be taken into
consideration by the Council.THERE BEING NO FURTHER SPEAKERS, THE
PUBLIC HEARING WAS CLOSED.The Manager of Current Planning addressed the concerns presented to
Council. Staff feels the zoning ordinance adequately outlines the processing of projects, a
concern presented by
the Anaheim Planning Department.Regarding the discretion of the Community Development Director,
they have responded by adding this from the prior Code, making it more business-
friendly. Staff has allowed the Industrial use with flexibility, until use is 100%. Mr. Potter asked
for an administrative remedy to convert a business that is 100% commercial back to industrial, possibly
through a CUP. He also asked for a CUP for converting raw land to Industrial use. Staff feels the
intent is to make this area Commercial, so
they are resisting this provision.Regarding Mr. Prothero's concern of quasi-commercial,
quasi-industrial use, if you are a manufacturing use and have more than 25%, Staff feels this
area is provided for in the Code,which allows fluctuation between
commercial and industrial. The matrix allowing stock brokerage, motorcycle sales and recording studios is not opposed
by Staff. Staff is not in favor of splitting out a portion of Mr. Prothero's vacant land/strawberry
field, since they feel it will play
a major role in the rezoning project.Councilman Spurgeon asked for the time line on this zoning.
Staff feels they are ready to go
forward, and have
addressed all the
concerns.MOTION - Coontz SECOND - Slater AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to approve mitigated Negative Declaration 1478-95
with the understanding that the project will not have a
significant effect
CITY COUNCIL MINUTES October 24, 1995
13. PUBLIC HEARINGS (Continued)
MOTION - Coontz SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve
General Plan Amendment 2-95 as outlined in Planning Commission Resolution No. PC-
39-95.
MINUTE ORDER Councilman Spurgeon: I want to ensure that the administrative remedies
work. There have been plans before that haven't necessarily worked. It is incumbent upon all of
us, including Staff, to make this works, in order to overcome some of the concerns expressed by
the speakers."
Mayor Coontz asked for information to Council and the Planning Commission regarding
applications and the decisions thereof, so Council understands what is happening out there. The
City Manager indicated Council would be kept informed.
MOTION - Coontz SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve
Ordinance Amendment 4-95 as outlined in Planning Commission Resolution No. PC-
40-95, with additions listed below to OMC Section 17.18.050, as well as complementary
uses of recording studio, stock brokerage and motorcycle sales. :
A.2: The Director's findings shall be based upon referencing the use provisions contained
in the M-l (Light Manufacturing) and M-2 (Industrial) Districts. Manufacturing
uses that contain retail or office space consisting of more than 25% of the gross floor area
shall be determined as an equally or more acceptable use, provided the use complies with the
City's
Parking Ordinance.B.5: Those existing industrial developments within the Katella Avenue
Corridor project area that were established prior to Zone Change 1177-95, and that choose to
remain as a non-conforming development, shall be governed by the
M-l (Light
Manufacturing) and M-2 (Industrial) provisions.B.6: The transition from Industrial to
Commercial Recreation uses, and the conversion back to Industrial from Commercial
Recreation, may occur within existing industrial developments within the Katella Avenue Corridor
project area provided that the uses comply with the Ciry's Parking Ordinance and that
a portion of the development remains industrial. Once more than 95 percent of
the development has transitioned to Commercial Recreation the development shall not be
allowed to convert
back to Industrial.
MOTION - Coontz SECOND - Spurgeon AYES - Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater Moved to approve Zone Change 1177-95 as outlined in
Planning
Commission Resolution
CITY COUNCIL MINUTES October 24, 1995
13.2 APPEAL NO. 425, CONDmONAL USE PERMIT 2103-95,
SUEDE BILLIARD/RESTAURANT, MEHDI RAFATY: Tape
5107 Conditional Use Permit 2108-95 was denied by the Planning Commission on April 3,
1995 and appealed to the City Council. The Public Hearing for the appeal has been continued
from July 25, 1995 to
this date.Conditional Use Permit 2108-95 is a request to modifY a previously
approved Conditional Use Permit (CUP 2012-93) to allow dancing and live music entertainment as an
accessory useto an 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. "MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy, Barrera, Mayor Coontz, Spurgeon,
Slater Moved to continue this appeal, at the request of the Appellant, to December 12,
1995.13.3 CONDmONAL USE PERMIT NO. 2111-95, THE NEW
YOUNG AMERICANS,INC.: Tape 5185 (C3300.
0 CUP-2111-95)Time set for a public hearing on petition by The New Young
Americans, Inc. to consider Conditional Use Permit No. 2111-95 to allow the use
of an existing community recreation building for bingo as fund raising for a non-profit organization.
The property is located at 2190 N. Canal Street,
at the Super Sports recreational complex.NOTE: This project is categorically exempt
from California Environmental Quality Act (CEQA)
per State CEQA Guidelines Section 15323.The Director of Community Development indicated there is a
question as to whether The New Young Americans have fully complied with the administrative
parts of the bingo ordinance, which state that a non-profit must be located in Orange for
36 months prior to the application being filed. The City Attorney indicated that
if Council overrules the Planning Commission and recommends approval, Council should add a provision that
the CUP will not be effective unless the bingo ordinance is changed. The 1986
bingo ordinance did not contemplate new facilities.The New Young Americans could not have occupied this
facility for three years, since the facility has been in existence for only 8-9
months. The City Attorney recommends Council also consider school facilities, and whether they should be exempt
from the ordinance. The question arose as to whether the City Manager has the prerogative to
make the decision on whether the organization is Orange-based or not, and waive the
eligibility requirement on the basis that the Applicant has been operating in the vicinity
of Orange for several years: Canyon, Brea-Olinda High
Schools,and
CITY COUNCIL MINUTES October 24, 1995
13. PUBLIC HEARINGS (Continued)
The City Attorney took the former City Manager's September 18th memo to mean he wanted to
provide an opportunity for the hearing. The bingo ordinance is very clear in its meaning.
However, it can be changed as circumstances warrant.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
The following people spoke in favor:
Cameron Coy, 3231 Cheviat Vista, Los Angeles, indicated the organization has operated for over
15 years in Orange County. Their bylaws require they be based in Orange County. They are
looking for a permanent home, with offices and space for classes and performances, which this
location provides. They need the bingo income to pay for leasing the space. They feel their
organization will be a benefit to the community.
Kent Hawkins, 2444 Vista Noblisa, Newport Beach, owner of Super Sports, indicated they plan
to isolate the bingolsmoking area away from the children with a wall.
Milton Anderson, Founder and Director of The New Young Americans, 22090 Village Way,
Canyon Lake. He indicated their offices are currently at Canyon High School.
George Sigalas, 696 N. Fern Street, Orange, represents them as their insurance agent. As a
parent of7 children who have gone through Orange schools, he emphasized the importance of
music in developing self esteem in children.
Donna Sigales, 696 N. Fern Street, Orange, founding Director of Handy Children's Theater.
Self-esteem and confidence is developed through programs of this type, and is no longer
provided through the schools. It also helps children benefit
educationally.Bob Bennyhoff, 10642 Morada Drive, Orange. Children are not getting a balanced
education in the schools, because these programs have been cut. Bingo provides them with an
opportunity to raise
funds.The following people spoke in
opposition:Barbara DeNiro, 1118 E. Adams, Orange. This is a national tour group, not
local.THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS
CLOSED.Mayor Coontz commented that when the bingo ordinance was written, Orange had no
experience with this issue. It was written in accordance with applications coming in at the time.
They expected they might miss a few things. As time went on, there were not many
applications.Some that were approved did not last very long. The City is still in the process of
making changes to the ordinance as it is recognized what is needed to protect the community. The
Mayor asked if the structural changes had been approved by the Building Department. The Director
of Community Development indicated Mr. Hawkins has spoken to Staff in the Building
Department,but nothing has been approved, pending the outcome of the
hearing.Councilman Slater commented Council does not often overrule the Planning Commission, but
he feels the project will be of benefit to the City. Councilman Spurgeon agreed with this
statement,indicating Council must take a broader view, with extenuating
circumstances.PAGE
CITY COUNCIL MINUTES October 24, 1995
13. PUBLIC HEARINGS (Continued)
MOTION - Slater SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved that this
project is categorically exempt from California Environmental Quality Act CEQA) per State
CEQA Guidelines Section 15323.MOTION - Slater SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater Moved to approve Conditional Use Permit
2111-95 as outlined in Planning Commission Staff Report, including 8 conditions as
follows:1. The project shall be
constructed per plans approved by the Planning Commission and on file with the Department
of Community Development.2. This approval is limited
to one year from commencement of the bingo, at which time the Planning Commission will once
again review the application and determine whether or not it will be allowed
to continue.3. The bingo operation shall
be conducted between 6:00 p.m. and 10:00 p.m. one night a week.4. The bingo operation
shall
be operated only by The New Young Americans, Inc.5. The bingo operation shall
be conducted wholly within the existing building.6. The exiting door on
the north side ofthe building shall be kept closed, except in case of an emergency.7. On-site
security shall
be provided during bingo games. The security may be a volunteer of the organization
conducting the games, and is not required to be uniformed or licensed.8. No
advertising of
the bingo games shall be permitted on premise where it is visible from the exterior of
the building.MOTION - Slater SECOND - Spurgeon
AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon,
Slater Moved to amend the ordinance that would
allow this to take place. Bingo approval will not take effect until the resolution is adopted by
the Council at the next meeting on November 14th.14. PLANNING AND ENVIRONMENT - None.15. ORAL
PRESENTATIONS Tape 2-180 Bob Hahn,
7620 E. Briarcrest Lane, Orange,
presented a petition with over 400 signatures of concerned homeowners in the area, opposing the
extension of Canyon View Road, which is part of the East Orange General Plan.PAGE
17
CITY COUNCIL MINUTES October 24, 1995
15. ORAL PRESENTATIONS (Continued)
The residents feel the area is already dangerous to the students attending Chapman Hills
Elementary School. They want their concerns on record, in the event future development takes
place in the area. (C4000.S.5)
The Director of Public Works indicated that if this is to be considered, a review of the land use
and transportation elements of the East Orange General Plan would be required. This roadway is
an integral part of the original approval. Any review cannot focus on just that change, since that
change will have an impact on the rest of the transportation system serving the area. It will not be
easily resolved and involves a level of review comparable to that of developing the original East
Orange General Plan. However, a traffic study can be done to see if anything else can be done to
mitigate the problem in the area. Council asked Staff to report back on the truck route sign
installation, which was supposed to have been done, and the traffic study.
Gary Samaba, 187 S. Shadow Pines Road, Orange, supported Mr. Hahn's comments and asked
Council to consider the safety of the children.
Bob Bennyhoff, 10642 Morada Drive commented on the necessity of Canyon View, including the
extension.
Carole Walters, 534 N. Shaffer, commented on the 3-minute time limit, which she feels is
not consistently
enforced.Ms. Walters asked about a Study Session with the Planning Commission and the Council,
which was mentioned at the public hearing regarding revoking the Conditional Use Permit, to try
to prevent future problems like TheTunnel.. The Mayor indicated the Police Chief is working
on the issue, which will go to the Planning
Commission.Barbara DeNiro, 1118 E. Adams, stated she respects Council decisions even if she does
not always agree with them. She feels we give young people the wrong message about how to
solve money
problems.16.
ADJOURNMENT MOTION - Barrera
SECOND - Murphy AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Th~ City
Council adjourned at 10:00 p.m.f/({.J,
oanne
C. Coontz, Mayor City of
Orange PAGE 18