02-15-1994 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
FEBRUARY 15,1994
The City Council of the City of Orange, California convened at 3:00 P.M. in a Regular Meeting in
the Council Chambers, 300 E. Chapman Avenue, Orange, California.
3:00 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - Barrera, Coontz, Murphy ABSENT -
Spurgeon, Mayor Beyer NOTE: Councilman
Spurgeon was present for the 7:00 P.M. Session.1.3
APPROVAL OF MINUTES - None 1.4 PRESENTATIONS/
ANNOUNCEMENTS/ INTRODUCTIONS The following three
individuals were recognized for their support of the YMCA: Gene Hernandez, Rich Alarcon
and Edith Salkoff.1.5 PROCLAMATIONS
A proclamation was
presented honoring Dorothy Buckley, Police Department Volunteer,on her retirement.
A proclamation was
presented to Steve Everett, General Manager of Cablevision of Orange, in appreciation
of his services provided to the City as he and his family are relocating out of
the State. Mrs. Everett accepted the proclamation on his behalf 2.CONSENT CALENDAR
TAPE 413 2.1 Declaration
of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of
February 15, 1994, 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 award a contract in the amount of $126,910.22 to Excel Paving Company for the
Maple Avenue storm drain from Batavia Street to OCTA right-of-way;Bid
No. 934-15; D-112. (A2100.0.Agr.
2191)FISCAL IMPACT: $229,809.00 has been budgeted in Community Development
Block Grant funds for this
project.PAGE
CITY COUNCIL MINUTES FEBRUARY 15, 1994
2. CONSENT CALENDAR (Continued)
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
2.3 Approve amendment to fiscal year 1993/94 budget adding a Field Maintenance Worker II
Position Control #766). (C2500.N)
FISCAL IMP ACT: Additional appropriation of $8,951.25 is required in Fund 210-
7028-411102 for salary and
benefits.ACTION:
Approved.REMOVED AND HEARD
SEPARATELY)2.4 Request Council authorize the appropriation of $5,393.52 to Account
210-7011-443800-1501 from entry fees carried in Account 210-
7011-275300-1501. These funds are Corporate Challenge entry fees for the
express purpose of
paying Corporate Challenge
expenses. (C2500.N)FISCAL IMPACT: None.Carole Walters, 534 N. Shaffer, requested information
on where the money comes from?The Community Services Manager reported the funds
do not come from the General Fund. The source of
the monies are
donations from corporations.
MOTION - Murphy SECOND - Barrera AYES -
Barrera, Coontz, Murphy ABSENT - Spurgeon,
Mayor Beyer
ACTION: Approved.REMOVED AND
HEARD SEPARATELY)2.5 Request Council approve Compromise Agreement and Release with Orange
Park Acres Limited (formerly known as Southwest Diversified, Inc.) relating to
conditions imposed on Vesting Tentative Tract Map 13833. (A2100.0.
Agr.2192)FISCAL
IMPACT: None.Bob Bennyhoff, 10642 Morada Dr., commented the Orange Park Acres
Committee is supposed to review everything. At their meeting several months ago the
walls were discussed and it is not in
the agreement.The City Attorney indicated the agreement is the outgrowth of a legal dispute
with Orange Park Acres Limited. In order to avoid litigation it was recommended Council
enter into this settlement which would protect the tree line, a major concern of the
neighbors. This
CITY COUNCIL MINUTES FEBRUARY 15, 1994
2. CONSENT CALENDAR (Continued)
will ensure design conformity of the wall that would be built along the north edge. The
City has been informed by Orange Park Acres Limited that there is a buyer ready to move
in and there is a sense of urgency.
Mr. Bennyhoff commented he would withdraw his question, however, would appreciate in
the future to let him know when changes occur.
MOTION - Coontz SECOND -
Murphy AYES - Barrera,
Coontz, Murphy ABSENT - Spurgeon, Mayor
Beyer ACTION: Authorized Mayor and
City Clerk to execute agreement on behalf of the City.2.6 Request Council
authorize the Police Department to charge other police agencies for the services of its Crisis
Intervention Counsellor. (C2500.K)FISCAL IMPACT: None. This
is a revenue-producing program.ACTION: Approved.MOTION -
Barrera SECOND -
Murphy AYES - Barrera,
Coontz, Murphy ABSENT -
Spurgeon, Mayor Beyer Items 2.
4 and 2.5 were
removed andheard separately; all remaining items on the Consent Calendar were approved as recommended.END OF
CONSENT CALENDAR 3. REPORTS FROM
MAYOR BEYER - None 4.
REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM
BOARDS, COMMITTEES, AND COMMISSIONS TAPE 791
5.1 DRB Appeal No. 1-93; DRB 2931, "
Good Nite Inn" - an appeal of the Design Review Board's conditions of approval for two proposed "
directional" signs, and denial of a third. (A4000.0.)The Director of Community Development
reported the Good Nite
Inn is located at 101 N. State College Boulevard, between Chapman Avenue and Rampart Street. The
owners have proposed to install three directional signs that include the Good
Nite Inn logo. The Design Review Board Page 3
CITY COUNCIL MINUTES FEBRUARY 15,1994
5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
reviewed the proposals and questioned the need to include the Good Nite Inn advertising message
on the directional sign and requested the Good Nite Inn wording be deleted from the sign.
Additionally, the applicant was requesting three signs on the parcel, one at each of the two
driveways and a third at the intersection of Chapman Avenue and Rampart Street. The Design
Review Board believed it was not appropriate to include the third sign at the public street
intersection and denied that portion of the request.
Council commented this is a difficult site to find because of the intersection of the streets.
Businesses need every sign they can get. Council asked the status on their request that sign
appeals go through the Planning Commission.
The Director of Community Development commented the sign appeal process was part of the
Zoning Code Update which is now in the public hearing stage and will be before Council shortly.
MOTION
SECOND
AYES
ABSENT
Coontz Barrera
Barrera, Coontz,
Murphy Spurgeon, Mayor Beyer
Moved to uphold the
Design Review Board appeal for the reasons indicated.6.ADMINISTRATIVE REPORTS TAPE
1028 6.1 Request Council
take action to delete Orange Municipal Code Section 15.36.030 and that portion of
Section 15.36.020 starting with Subsection (I) of Section 1603 entitled Restrictions in High Hazard
Areas" and adopt a new section to require all future roof covering installations within the
City to comply with U.L.listing requirements for Class A" roofing. (A2500.0)
The Assistant Fire Chief
indicated this report is to recommend Council schedule a public hearing.The main points are
the conflagrations that have occurred in the past, whether it be a wildland interface or in the
inner city.Council discussed that one
of the problems is that people do not understand they need a permit on roofing. There needs to
be more emphasis on the public education process regarding this issue.MOTION SECOND AYES ABSENT
Murphy
Coontz
Barrera,
Coontz,
Murphy Spurgeon,
Mayor Beyer
Moved to schedule a
public hearing on the
fire resistive roof covering for March 15, 1994 at 7:00 P.M.Page 4
CITY COUNCIL MINUTES FEBRUARY 15,1994
6. ADMINISTRATIVE REPORTS (Continued)
6.2 a. Request Council take action to amend all categories of monthly Sanitation and
Sewer System charges set forth in Chapter 13.60 ofthe Orange Municipal Code. Also, to
provide public testimony as provided for in Section 66016 of the California Government
Code. (C2500.M.3)
FISCAL IMP ACT: Increase in revenue to offset operating expenses for Material Recovery
Facility and provide funds for a parkway tree maintenance program city-wide. (Fund
220-
Sanitation. )b. Request Council approve Material Recovery Facility (M.RF.) Agreement with
Orange Disposal Service, Inc. et al. to provide solid waste transfer and processing services
in compliance with the Integrated Waste Management Act of 1989 and to complete
the provisions of the Memorandum Of Understanding with Orange
Disposal.RESOLUTION NO.
8300 A Resolution of the City Council of the City of Orange amending Section 13.60.020 and
Section 13.60.030 and Section 13.60.040 of the Orange Municipal Code changing certain Sanitation
and Service charges by
Contractor.Council discussion: Mayor pro tern Barrera announced Mayor Beyer requested this item
should be continued to February 22, 1994. The following information needs to be provided: 1.
Specific information regarding the mandate on sanitation. 2. Regarding tree maintenance and
weed spraying, what is a unit? Does it indicate a residential unit? 3. How will this be handled
today and in the future? The transfer of the purview oflandscaping from Community Services to
Public Works, what decision was made during the time the budget was being balanced? Where did
the funds come from to initiate the change of one calendar year? What needs to be done in the
future as to how many units there are? 4. What are the options if Council does not go through with
the
recommendation? .Carole Walters, 534 N. Shaffer, requested this issue be discussed at the 7:00 P.M. Session.
The residents should have been notified of this item. Mrs. Walters requested a copy of all the
staff reports in order for her to know all the
facts.The City Manager was instructed to assist Mrs.
Walters.
MOTION
SECOND
AYES
ABSENT
Murphy Barrera
Barrera, Coontz, Murphy Spurgeon,
Mayor Beyer Moved to
continue this item to the February 22, 1994 Council meeting, 7:00 P.M. Session 7. REPORTS
FROM CITY MANAGER - None Page 5
CITY COUNCIL MINUTES FEBRUARY 15, 1994
8.LEGAL AFFAffiS TAPE 1453
8.1 RESOLUTION NO. 8309
A Resolution of the City Council of the City of Orange amending Resolution No. 7878 relating to
the classification, compensation, and terms of employment of designated executive management,
staff management, and labor confidential employees deleting the classification of Senior Assistant
City Attorney and Assistant City Attorney and adding the classifications of Assistant City
Attorney I at salary range 534, $5116 to $6560 and Assistant City Attorney II at salary range
544, $5377 to $6896 pursuant to reorganization of the City Attorney's Office. (C2500.B)
MOTION
SECOND
AYES
ABSENT
Murphy
Barrera Barrera,
Coontz, Murphy Spurgeon, Mayor
Beyer That Resolution No.
8309 as introduced be adopted and same was passed and adopted by the preceding vote.8.
2 RESOLUTION
NO. 8310 A Resolution of
the City Council of the City of Orange supporting the joining of Orange County Regional Airport Authority. (
ORI800.0.3.11)Discussion: Mayor Beyer
requested this item be continued to February 22, 1994. The City Manager reported he
was impressed with the concerns of the Orange County Regional Airport Authority and felt
the larger cities would also be joining.MOTION SECOND AYES
ABSENT
Coontz
Barrera
Barrera,
Coontz, Murphy
Spurgeon, Mayor
Beyer Moved to continue
Resolution No. 8310 to
February 22,1994,3:00 P.M. Session.8.3 ORDINANCE NO. 4-94 An
Ordinance of the City Council
of the City of Orange enacting the Santa Fe Depot Area Specific Plan by amending Section 17.
06.020 of the Orange Municipal Code and approving the reclassification of property located on the
north and south sides of Chapman Avenue between Pixley and Olive Streets, both sides
of the 100 blocks of North Cypress and Lemon Streets and the east side of the 100
block of North Pixley Street. (ZI500.0)Zone Change 1164-93 City of
Orange Page 6
CITY COUNCIL MINUTES FEBRUARY 15, 1994
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
ABSENT
Barrera Coontz
Barrera, Coontz,
Murphy Spurgeon, Mayor Beyer
That Ordinance No. 4-
94 have second reading waived and be adopted and same was passed and adopted by the
preceding vote.9. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS
Carole Walters, 534
N. Shaffer St., commented that Anne Peterson, reporter for The Register,should be thanked
for notifying citizens of Orange in her column that the sanitation issue was going to be
continued.11. RECESS MOTION -
Murphy SECOND -
Coontz AYES - Barrera,
Coontz, Murphy ABSENT -
Spurgeon, Mayor Beyer NOTE: Councilman
Spurgeon arrived at 4:25
P.M.The City Council recessed at 4:00
P.M. to a Closed Session for the following purposes:a. To confer with its attorney regarding
pending litigation pursuant to Government Code Section 54956.9(a), to wit:City of
Orange vs. Refco Securities, Inc.,
NASD Arbitration No. 92-03685.City of Orange vs. Moreland & Associates,
Orange County Superior Court Case No. 70-13-96.Freedom Newspapers, Inc. vs.
City of Orange, Orange County Superior Court Case No. 71-79-44.Item b
was
deleted.c. To meet
and give directions to its authorized representative regarding labor relations matters pursuant to Government
Code Section 54957.6.d. To confer
with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(
b)(1).e. To consider
and take possible action upon personnel matters pursuant to Government Code Section 54957.Page
7
CITY COUNCIL MINUTES FEBRUARY 15,1994
11. RECESS (Continued)
Item fwas deleted.
g. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager or City Council prior to such recess, unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. INVOCATION
Pastor Bud Pearson, Orange Coast Community Church.
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
12.2 ANNOUNCEMENTS - None 12.
3 INTRODUCTIONS - None 12.4
PROCLAMATIONS - None 12.5 PRESENTATIONS -
None 13.PUBLIC HEARINGS TAPE
1779 13.1 CONDITIONAL USE
PERMIT 2028-93, TAIT & ASSOCIATES (FOR THRIFTY OIL): (C3300.0)
The public hearing
on petition by Tait & Associates (for Thrifty Oil) to consider Conditional Use Permit 2028-93,
a request to sell beer and wine within the retail sales area of an existing automotive service
station has been continued from November 16, 1993, December 21,1993 and January
18, 1994 to this time.The property
is zoned C-TR (Commercial-Tustin Redevelopment District), and the off-
premise sale of beer and wine in conjunction with the sale of motor fuel is allowed subject to the
issuance of a conditional use permit. Subject property is located at the southeast corner of Tustin
Street and Heim Avenue (2493 N. Tustin
St.).NOTE: This project is categorically exempt from the provisions of the California
Environmental Quality Act per CEQA Guidelines Section
15301.THE PUBLIC HEARING IS
OPEN.The City Attorney reported the role of the cities in these instances are limited to reviewing
issues involving land use compatibility. The issues of crime and accumulative effects of
over-concentration have been expressed by the neighbors in this matter and are legitimate concerns
and relevant to the State ABC Licensing proceedings but alone probably would not appear to
be adequate justification for denial of a conditional use permit
application.Page
CITY COUNCIL MINUTES FEBRUARY 15, 1994
13. PUBLIC HEARINGS (Continued)
The description has been entered into the record that this is a high crime area both from the
neighbors and also from City evidence. However, it does not necessarily show the negative
effects that it might have. If Council were to deny the application on that basis and were
challenged, the court would probably consider that evidence maybe conjecture or possibly general
inferences and probably not sustain the denial.
The City Attorney opined so far the evidence presented does not provide a sufficient basis to
cause Council to deny the application. The opinion was based on prior appellate court decisions
in matters such as this and one trial court decision. He recommended, along with the Director of
Community Development, that a time limit could be set to direct staff, Police Department and
Code Enforcement, to monitor the land use consequences of the business. It was recommended
the City's right to protest the issuance of the license be pursued by the Police Chief
The Director of Community Development reviewed the conditions of approval outlined in the
staff report.
Speaking in favor:
Joshua Kaplan, Attorney representing Thrifty Oil, 9171 Wilshire Boulevard, Suite 430, Beverly
Hills, commented on the following proposed conditions: Condition No.6 which purports to
preclude any advertising of beer and wine outside the building. Commercial speech is protected
under the Freedom of Expression provisions of the United States and California Constitutions.
There is no rational basis to preclude the assertion of freedom of expression commercial speech in
its entirety. Obviously, the City may want to preclude garish and intrusive advertising of the
availability of alcoholic beverages. However, this is about a 200 sq. ft. premises. If the City
would agree to limit the advertising on the exterior of the building to one sign that is in
compliance with City sign codes, that would be a legitimate balance.
Condition No. 12 - presumably our goal is to promote temperance and promote the judicious use of
alcohol and allowing the sale of a single can is far better than forcing an individual to buy a six pack.
Suggest a provision that allows the single can sale, and consider precluding the sale of fortified
wines, which create problems.Speaking
in opposition:Janiece
Correa, 1800 E. Heim, #24, expressed concern with how much alcohol will be stored on the
premises and the size of the cooler.Rich
Tait, Tait and Associates, 800 N. Eckhoff, Orange, representing Thrifty Oil, reported they would
dedicate 35 sq. ft. of floor area to store beer and wine. The cooler would be three foot wide
with four tiers, the depth would be approximately 26 inches. The storage area is the back room
and not visible or accessible to the public. The cooler will be a display cooler only.THERE
BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE PUBLIC
HEARING.Page
9
CITY COUNCIL MINUTES FEBRUARY 15,1994
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
ABSENT
Coontz Murphy
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer Moved
that this project
is categoricany exempt from the provisions of the California Environmental Quality Act per
CEQA guidelines Section 15301.MOTION SECOND AYES ABSENT
Coontz
Spurgeon
Spurgeon,
Barrera,
Coontz, Murphy
Mayor Beyer
Moved to accept Conditional Use
Permit 2028-93
with the fonowing conditions:1. Compliance with all Department of Alcoholic
Beverage Control requirements.2. No beer or wine shan be
displayed within five feet of the cash register or the front door.3. No advertisement of alcoholic beverages shall
be displayed at motor fuel island.4. No sale of alcoholic beverage shan
be made from a drive-in window.5. No sale of alcoholic beverages
shall be made from an ice tub.6. No advertising for beer or
wine shall be visible outside the building.7. Employees on duty between the
hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer and wine.
8. All containers of alcoholic beverages
that are displayed for sale shall be secured against public access between the hours of 1 :
00 a.m. to 6:00 a.m. Secured refrigerator compartments must have interior compartment separators to prevent access
from neighboring non-locking doors or compartments. (The refrigerator housing alcoholic
beverages shall be inspected for compliance with this section prior to
sale of any alcoholic beverages.)9. The activity of the
business shan be monitored by the Crime Prevention Bureau to establish the level of police services used
for the business. Should the level of police services demonstrate that the applicant has not complied
with the conditions of approval, the Conditional Use Permit shan be brought back to review
for a revocation process.10. All structural improvements shan
comply with the requirements of Municipal Code - Chapter 15.52 (Building Security Standards), which
relates to use of security hardware, doors, windows,and lighting (Ord. 7-79). (An "
Approved products list 5/93" is available.)11. Amusement devices (Arcades) inside
the premise are prohibited.12. The sale of individual
bottles or cans of alcoholic beverages or any amount that is less than the originally packaged amount (i.
e. a case or a 6-pack) is prohibited.13. If not utilized,
Conditional Use Permit 2028-93 shan expire in two years from the approval date.14. The
Conditional
Use Permit is in force for one year unless there is revocation or any other aspect that would
eliminate that.Page 10
CITY COUNCIL MINUTES FEBRUARY 15, 1994
13. PUBLIC HEARINGS (Continued)
15. Maximum size of the cooler is within the range of3 ft. wide, four tiers and approximately 26
inches deep for each shelf The storage area is 35 sq. ft. and not visible or accessible to anyone
but employees.
To include the applicants voluntary proposed conditions 9, 12, 13 and 14:
9. No wine or distilled spirits shall be sold in containers less than 750 mi. No wine shall be sold
with an alcohol content greater than 15% of volume.
12 Signage shall be posted prominently advising all patrons to exit with due regard to the
neighborhood, advising that on-site consumption is prohibited, prohibiting loitering, advising
that Thrifty will cooperate with law enforcement with regard to any violations on the premise
and Thrifty shall post signage regarding age limit for the purchase of alcoholic beverages and
advising against drinking and
driving.13. Thrifty shall preclude attraction of minors and others by precluding public telephones
and precluding the maintenance of any large candy counter at the entry to the
premises.14. Appropriate security illumination shall be installed on
site.
MOTION
SECOND
AYES
ABSENT Coontz
Spurgeon Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
Moved to direct
the Police Chief to pursue the City's right to protest the issuance of a license to sell beer and
wine at this location with the State's ABC based on the State's ABC jurisdiction to consider evidence beyond
that strictly relevant to land use. Police Chief is to work with any individuals that come
to him for information on how to pursue the protest.TAPE 3549 13.
2 PRE-
ZONE CHANGE 1168-93, (REFERENCE: ANNEXATION #403),NORTH
ORANGE CHRISTIAN CHURCH: (ZI500.0)Time
set for a public hearing on petition by the North Orange Christian Church to consider a request
for a pre-zone change for church parcels from the existing Orange County R-4 (
Suburban Residential) to the City of Orange R-2-6 (Residential Duplex - minimum lot size 6,000
sq. ft.)District. Subject properties are located at 16561 East Lincoln Avenue in the
Orange-Olive area.NOTE: This item is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) per CEQA
Guidelines Section 15319.MAYOR PRO TEM BARRERA OPENED
THE PUBLIC HEARING.The Director of Community Development gave the presentation.
The Planning Commission recommended approval
of the
CITY COUNCIL MINUTES FEBRUARY 15,1994
13. PUBLIC HEARINGS (Continued)
Speaking in favor:
Bob Heyden, 2831 Park Vista Court, Fullerton, representing the North Orange Christian Church.
James W. Knight, 16582 E. Buena Vista, representing Olive Heights Homeowners Association,
indicated they have no complaints with the church, however, they would not like to see a multi-
family development.
Mr. Heyden commented they have no intention in the near or long term future to build any
multiple resident dwelling or allow anyone to live on the property.
THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE
PUBLIC HEARING.
MOTION
SECOND
AYES
ABSENT
Spurgeon Murphy
Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
Moved that this
item is categorically exempt from the provisions of the California Environmental Quality Act (CEQA)
per CEQA Guidelines Section 15319.MOTION SECOND AYES
ABSENT
Spurgeon
Murphy
Spurgeon,
Barrera, Coontz,
Murphy Mayor
Beyer Moved to approve Pre-
Zone Change 1168-
93 as outlined in Planning Commission Resolution No.PC-64-93.14. PLANNING
AND
ENVIRONMENT - None 15. ORAL PRESENTATIONS - None
Page 12
CITY COUNCIL MINUTES
16. ADJOURNMENT
MOTION
SECOND
AYES
ABSENT
Barrera Murphy
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer The
City Council adjourned
at 8:00 P.M.h'd~~( a cp,
Ar'~/MARILYN J NsEN; ~C
CITY CLERK BY:FEBRUARY
15, 1994
GENE
BEYER GENE BEYER
MAYOR r
C:t- '-
4'''
FRED L. BARRERA MAYOR
PRO TEM Page
13