04-26-1994 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
April 26, 1994
The City Council of the City of Orange, California convened on April 26, 1994 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 - Mayor Beyer, Coontz, Murphy ABSENT -
Spurgeon, Barrera (arrived at 3:04 p.m.)1.3
APPROVAL OF MINUTES Regular Meeting
April 12, 1994.MOTION - Murphy
SECOND - Coontz AYES -
Mayor Beyer, Coontz,
Murphy ABSENT - Spurgeon, Barrera ACTION: Approved.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/
INTRODUCTIONS A
check in the amount of$
2,600.00 was presented to the City by John Cleary from Target Stores for the City's Concerts
in the Park program.Two local business recipients of State
of California Integrated Waste Management W.R.A.P. (Waste Reduction
Awards Program) awards were recognized. They were Marcel Electronics (recipient not present) and
Dan Cravitz ofCravitz Enterprises. Mr.Cravitz donated adhesive-based bulletin board
to the City (a product of his company).Recipient of the" 1993 Recycler
of the Year" award for outstanding achievement in City Employee Recycling Program, Ruben Gallegos
from Public Works was recognized. The following finalists were also recognized
with certificates: Irene Carney, Susan Guzzetta,Geri Krencik, Sharon Le Blanc,
John Mahony, Janice Marchan, Lisa Mattert, Daniel Saucedo, Donna Schnirl, Sherrill Stone,
Diane Wilson and Eugenia Wong, accepting for Main Library Staff.1.5
PROCLAMATIONS A proclamation
was presented to
Judy Reynolds, honoring her on her retirement from Orange Elderly Services.PAGE 1
CITY COUNCIL MINUTES April 26, 1994
2. CONSENT CALENDAR - Tape 478 2.
1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular
meeting of April 26, 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 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of
demands.ACTION:
Approved.2.
3Request Council authorize the appropriation of $3, 1 05.69 to Accounts 210-7011-
441300-1060, 210-7011-443500-1060, 210-
7011-443800-1060 from donations and registration
fees carried in Account 210-7011-293900-1060. (C2500.N)FISCAL IMPACT: None. These are Dash for
D.A.R.E. funds for the express
purpose of
payingDash for D.A.R.E. expenses.ACTION: Approved.2.4 Request Council accept check for $
2,600.00 from Target Stores for payment of band performances. These funds are
for the
express purpose of Concerts in the Park program.C2500.N)
FISCAL IMPACT: Appropriate $2,600.00 to expenditure account 210-7011-427800.There is no
fiscal
impact due
to revenues in same amount in Account No.
210-7011-293900.ACTION: Approved.
2.5 CLAIMS
FOR DAMAGES FROM (C3200.0)a. Mary Ann M. Sanchez FISCAL
IMPACT: None.ACTION: Denied claim and referred to
City Attorney and Claims
Adjuster.b. Carlos Garcia (x-ref) California Compensation Insurance Company.FISCAL IMP ACT:
None.ACTION:
Denied application
CITY COUNCIL MINUTES April 26, 1994
2. CONSENT CALENDAR (Continued)
2.6 Request Council approve an agreement with Municipal Resource Consultants (MRC) for
Revenue Enhancement Audit Services for a fee of25% of new revenue. (A2100.0 AGR-
2211)
FISCAL IMP ACT: Not determined at this time.
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
MOTION - Barrera SECOND -
Coontz AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy All items on
the Consent Calendar were approved/denied as recommended.END OF CONSENT
CALENDAR 3. REPORTS FROM
MAYOR BEYER Mayor Beyer read
the numbers of maximum security prisoners in Theo Lacy jail, which have increased from 48
to 59 and 60 over the past several days. Councilwoman Coontz commented that the relocation
of the pound being proposed by the County would cost the City approximately 6 million, which
is a lot of money in a tight budget situation. Orange is being impacted strongly by this, and
she does not feel the situation should be ignored.4. REPORTS FROM
COUNCILMEMBERS Councilwoman Coontz reported
the minority report of the Integrated Waste Management Commission was successful.
The recommendations of the previous meeting of the Waste Management Board were
overturned by a majority of members of the Integrated Waste Management Commission. There
will be further study to hopefully prevent the increase in gate fees to the
City and County of Orange.5. REPORTS FROM
BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS 6.
1 Report from
Police Department on institution of a reward for the Graffiti Removal Program. (C2500.N.4)
Chief Robertson complimentedDetective
Nanigan for his work and great progress in combatting graffiti in the City
of Orange.PAGE 3
CITY COUNCIL MINUTES April 26, 1994
6. ADMINISTRATIVE REPORTS (Continued)
MOTION - Spurgeon SECOND -
Barrera AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to receive
and file report.7. REPORTS FROM
CITY MANAGER - Tape 918 7.1 Report from
City Manager regarding waiver offees for Crest de Ville homeowner Rick Wooley, who suffered damage
in the Stagecoach fire. (C2500.E.l)Council questioned how other
requests of this type would be handled. The City Manager indicated they would be
handled on an individual basis, but this case was considered a catastrophic loss.MOTION - Murphy
SECOND - Mayor
Beyer AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz,
Murphy Moved to waive building permit and plan
check fees in an amount up to $2,600.00 for homeowner Mr. Rick Wooley, who lost his
home in the 1993 Stagecoach Fire.8. LEGAL AFFAIRS 8.1 RESOLUTION NO.
8323 A Resolution
of the City Council of
the City of Orange authorizing the payment of a reward for information leading to the conviction of a
person willfully damaging or destroying property not his own by the application of graffiti. (
C2500.N.4)MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera,
Mayor Beyer, Coontz,
Murphy That Resolution
No. 8323 as introduced 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, expressed her
concern over the
Library Board of Trustee meetings and minutes. The minutes say the City Manager addressed
the Old Towne Preservation Association, rather than the Orange Tax Payers Association. She is
opposed to any new taxes of any type. One Library Board member is supporting SB 1448
and she is quite upset about it.PAGE 4
CITY COUNCIL MINUTES April 26, 1994
10. ORAL PRESENTATIONS (Continued)
Ms. Walters attended the downtown Task Force meeting regarding a parking structure in the
downtown area. She is concerned about comments made by Historic Planner, Dan Ryan. It was
mentioned that Chapman University wants a parking structure, which she claims they cannot have
until they buyout all the property in the area.
Councilwoman Coontz requested the Planning Guide be reviewed. There are some items Council
asked to have agendized. The City Manager will handle this.
11. RECESS
MOTION - Mayor Beyer SECOND -
Barrera AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy The City Council
recessed at 3:45 p.m. to a Closed Session for the following purposes:a. Conference with
Legal Counsel- existing ligiation (Government Code Section 54956.9 [a]):City of Orange
vs. Refco Securities, Inc. NASD Arbitration No. 92-03685.b. To
consider and take possible action upon such other matters as are orally announced by the City Attorney,
City Manager or City Council prior to such recess unless the motion to recess indicates any
of the matters will not be considered in Closed Session.7:00
P.M. SESSION 12. INVOCATION
Given by
Steve Norris, Chairman, Christian Businessmen's Committee of Orange 12.1
PLEDGE OF ALLEGIANCE TO THE FLAG 12.2
ANNOUNCEMENTS 12.3
INTRODUCTIONS - None.12.4 PROCLAMATIONS
Aproclamation honoring "
Hire a Veteran Week" was accepted by Armando Berumen, Veteran Employment Representative.A
proclamation proclaming
April as "National Community College Month" was accepted by Dr.Vivian Blevins and
Pete Maddox of Rancho Santiago College.12.5 PRESENTATIONS -
None.PAGE 5
CITY COUNCIL MINUTES April 26, 1994
13. PUBLIC HEARINGS
13.1 CONDITIONAL USE PERMIT 2048-94, GRADY HANSHAW AND
BOB
HANCOCK:Time set for a public hearing on petition by Grady Hanshaw and Bob Hancock to
consider Conditional Use Permit 2048-94 to allow the off-sale of beer and wine (sold
within containers and consumed off the site) in conjunction with the sale of motor fuel. Subject property
is zoned C-l Limited Business) District and is located at
1234 N. Main Street.NOTE: This project is categorically exempt from
environmental review per California Environmental
Quality Act, Section 15301.The Director of Community Development reported
the Zoning Administrator recommends approval, subject
to the following conditions:1. The display of beer and wine for sale shall be restricted to the
five refrigerator lockers as indicated on the approved site plan that is on file with
the
Department of Community Development.2. The sale of beer and wine coolers shall be restricted to only a four or six pack,
and the sale of individual containers of such beverages, whether a bottle or can, shall
not be allowed. The applicant shall also install signs above the refrigerator units displaying the
beer and
wine stating the following:BEER MAY BE PURCHASED ON THIS PREMISES ONLY
IN QUANTITIES OF
A SIX-PACK OR MORE."WINE COOLERS MAY BE PURCHASED
ON THIS PREMISES ONLY IN QUANTITIES OF
A FOUR-P ACK OR MORE."3. The activity of the business shall be monitored by the
Crime Prevention Bureau to establish the level of police services required 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 shall be brought back to the Zoning Administrator
and City Council for possible revocation.
MAYOR BEYER OPENED THE
PUBLIC HEARING.The following people spoke:Applicant Grady Hanshaw, 107338 Santiago Blvd., Villa
Park, requested the restriction on selling individual cans or bottles of wine coolers or beer be lifted.
He is concerned about the safety of his employees should they encounter a hostile customer
who wants to purchase only one bottle or can of beer or wine and does not have money
to purchase more. He mentioned another convenience store in the area which
does not have this restriction.Police Chief Robertson indicated this condition is utilized to reduce
the number of incidents on the property and to discourage people from buying a single can of beer and
drinking it in the car
while driving
CITY COUNCIL MINUTES April 26, 1994
13. PUBLIC HEARINGS (Continued)
The Chief indicated if the application were to come before them now, they would protest issuing a
license to the convenience store mentioned by the Applicant, based on undue concentration and
high crime. This condition is required on all gas stations receiving approval to sell alcoholic
beverages. The Police Department feels it has greatly reduced the incidents of crime on site, and
also discourages the transient population from utilizing these facilities to purchase a single
container. They have no documented reports of store clerks being threatened for not selling a
single can at gas stations with this same restriction.
Councilwoman Coontz questioned the logic of this. She mentioned encountering a person
consuming an entire six-pack of beer in front ofa Savon Drug Store. The Police Chief
indicated this strategy was developed by the State of California to help local government control
incidents of crime at this type of establishments after local communities lost the ability to prevent
gas stations from dispensing
alcohol.Mayor Pro Tern Barrera asked if the employees working late at night dispensing alcohol
were required to be knowledgeable in English, and over 21 years of age. The Director of
Community Development responded that the law requires them to be over 21 years of age, but there is
no requirement to know
English.Lois Barke, 2022 Spruce, thought the single container might encourage people to purchase in
Orange, rather than waiting to purchase at an event at the Anaheim Arena, which is quite close.
Since the City does not get revenue from the Arena or the Anaheim Stadium, perhaps they could
get revenue from alcohol purchases of people attending functions at those locations. She asked
about checking on the CUP to see how it is working. The Director of Community Development
responded that City regulations provide for review of a Conditional Use Permit after six months
of operation to determine if the retail sales of alcoholic beverages at or on the premises are and
continue to be an insignificant portion of total retail sales and to determine if such use should
continue.
Gene Summers, 1539 E. Candlewood Avenue, felt the state did cities a disservice when they passed
a law taking away local control over liquor. When requests for sale of alcohol come up, it seems
almost automatic they be approved, but last week Council kicked back a restaurant request for
sale of alcohol because the Police Department felt this would be a problem.Mr.
Summers felt Hassan's Restaurant request should have been approved. Council mentioned this
request was continued and not denied.Jeff
Black, 6142 Allison, a consultant to the Applicant, stated that Arco has commissioned and published studies
on the coincidence of alcohol-related problems and accidents and crime in convenience
store/gasoline-type outlets vs. similar incidences with alcohol purchased elsewhere,
such as in liquor stores. They found no corelation that convenience of purchase with a gasoline
outlet increased incidence of crime. Mayor Beyer commented the study loses credibility,
considering Arco has so many businesses of this type.
THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.
PAGE 7
CITY COUNCIL MINUTES April 26, 1994
13. PUBLIC HEARINGS (Continued)
MOTION - Spurgeon SECOND -
Coontz AYES - Spurgeon,
Barrera, Coontz, Murphy NOES - Mayor Beyer
Moved that this project
is categorcially exempt from environmental review per California Environmental Quality Act, Section
15301.MOTION - Spurgeon SECOND - Murphy
AYES - Spurgeon, Barrera,
Coontz, Murphy NOES -
Mayor Beyer Moved to approve Conditional
Use Permit 2048-94
as outlined in the Zoning Administrator's Report dated January 20, 1994.14. PLANNING
AND ENVIRONMENT - None.15. ORAL
PRESENTATIONS - None.16. ADJOURNMENT MOTION - Spurgeon
SECOND - Murphy AYES - Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy Moved
to adjourn at
7:35 p.m. The City Manager announced
the the Adjourned Regular Meeting scheduled for May 3, 1993 at 5:00 p.m. regarding the
1994-95 budget has been cancelled.Marilyn J. Jensen Marilyn J. Jensen, C.M.C.City Clerk
Gene Beyer Gene
Beyer, Mayor By:Cassandra 1. Cath
a Deputy
City Clerk
d red L.
Barrera,
Mayor Pro Tern jdh
PAGE 8