07-27-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON AUGUST 10, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 27,1999
The City Council of the City of Orange, California convened on July 27,1999 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 INVOCATION
Teri Gammalo, Orange Art Association
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Spurgeon
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4
PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS
Tape 70
Employee Service Awards were presented by the City Manager to Steve Spain (Finance),
Chris Boyd (Fire), Greg Lewin (Fire), Ian MacDonald (Fire), Mike King (police), Jim
Devore (public Works), Howard Morris (Community Services), Robert Felthaus
(Library), Rose Marie Williams (Library), Teri Easley (Public Works), Jim Reichert
(Economic Development), Brance Skipper (Police), and Kevin Condon (Poliee),
(C2500JA-18)
Harry Thomas, Director of Public Works, presented the 1998 City Employee Recycler of
the Year Award to Andrea Jaso of the City Attorney's office, Chrissie Mackin of the
Orange Police Department was recognized as a finalist The 1998 Business Recycler of
the Year Award was presented to Jim Mance, representing The Block at Orange,
(C2500.M.l.l)
Mayor Coontz announced the City's flag is at half mass in recognition of the celebration
of the National Korean War Veterans Day, Concerts in the Park will be held July 28,
August 4, and August 11 at 7:00 p.m. at Hart Park, and August 12th at Depot Park.
Councilman Alvarez announced he was asked to represent the City, as part of the El Tore
Reuse Planning Authority (ETRPA), in Washington nc on Thursday, July 29th. The
City Clerk was instructed to agendize for the next Council meeting a report fi'om
Councilman Alvarez on information obtained at his meetings with various
representatives,
PAGE 1
CITY COUNCIL MINUTES
July 27, 1999
1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS (Continued)
Mayor Coontz stated that Council has adopted resolutions expressing support for the
airport at El Toro, As ETRPA opposes the El Toro Reuse, he should not be representing
the City of Orange, but rather himself, on this issue, Councilmember Slater concurred
with Mayor Coontz that Councilman Alvarez should represent himself on this issue and
be aware that a majority of the Council supports the airport so there is no
misrepresentation.
Councilman Alvarez explained his motive in meeting with the representatives is fact
finding and gathering information, whether it be for or against the El Toro Reuse,
2.
PUBLIC COMMENTS
Tape 792
Carole Walters, (address on file), asked why the City is still paying for the recycling
bins? Monies should be used to finance other programs, The City Manager explained the
recycling bin program was discontinued a number of years ago.
Barbara DeNiro, (address on file), commented that citizens recycle too and expressed
dissatisfaction with the closure of the El Toro Marine Base.
3.
CONSENT CALENDAR
Tape 963
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of July 27, 1999 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, the Eisenhower Park
Bulletin Board, and summarized on Time-Warner Communications, all of said
locations being in the City of Orange and freely accessible to members of the public
at least 72 hours before commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office ofthe City Clerk.
3.2 Request Council Confirmation of warrant registers dated July 8,13 and 15, 1999.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, July 13, 1999.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved,
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CITY COUNCIL MINUTES
July 27,1999
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.5 Agreement between the City and Friendly Center, Inc. for building use. (A2100,0
AGR-1633,B)
SUMMARY: Approval of annual building use agreement between the City of Orange
and Friendly Center, Inc, at no cost for the Friendly Center's use of two City buildings
located at Killefer Park, The Friendly Center, Inc. has used the two City buildings for its
operations for many years. The prior lease agreement expired for which both agencies
need to execute a new agreement for continued use ofthe City buildings.
ACTION: Approved agreement and authorized the Mayor and City Clerk to execute on
behalf of the City.
FISCAL IMPACT: None,
3.6 Agreement between the City and County of Orange for Gang Prevention and
Suppression Services. (A2100,0 AGR-1653,G)
SUMMARY: On October I, 1991, the City of Orange entered into an agreement with the
County of Orange to provide the City with a full-time Probation Officer to specializt: in
gang prevention and suppression services, The agreement has been extended annually
and expires on June 30, 1999. The proposed agreement extends the terms and conditions
of the agreement to June 30, 2000.
ACTION: Approved agreement and authorized the Mayor and City Clerk to execute on
behalf of the City,
FISCAL IMPACT: $78,114 has been budgeted in the Police Department's Professional
and Consulting Services, Gang Unit Program, Account No. 120-4032-426700,
(REMOVED AND HEARD SEPARATELY)
3.7 First Amendment to Consultant Agreement for Master Plan of Parks, Recreation
and Facilities. (A2100,0 AGR-2836.1)
SUMMARY: Approval of first amendment between the City and Purkiss-Rose, RSI, for
the Master Plan of Parks, Recreation and Facilities in the amount of $27,230, The first
amendment includes a fee increase for a sub-consultant to Purkiss-Rose, RSI, to perform
a fee study in conjunction with master plan.
FISCAL IMPACT: Transfer $27,230 from Park, Acquisition and Development Fund
(510) unappropriated reserves to the Master Plan of Parks Account No, 510-7021-
485100-0008,
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CITY COUNCIL MINUTES
July 27, 1999
3. CONSENT CALENDAR (Continued)
Discussion: Barbara DeNiro, (address on file), questioned the Final Draft for the Master
Plan of Parks, Recreation and Facilities. What was the original agreement amount? An
explanation was requested on the fee analysis, the Quimby Ordinance, and in-lieu fees,
Concern was expressed with taking money instead of land. More active parks need to be
developed further east.
The Community Services Manager explained the original contract amount with Purkiss-
Rose, RSI was $49,400, The proposed amendment will allow Purkiss-Rose, RSI to hire
Hogle-Ireland to perform the fee study and adopt the Quimby Ordinance, which
establishes a standard and justification for the city to adjust park development fees, based
on the value and cost of land, The benefit to the City of increasing park development fees
is that the fees can be applied toward the acquisition, development or renovation of new
and/or existing parks,
Carole Walters, (address on file), asked ifthe cost of the Master Plan of Parks, Recreation
and Facilities study was included in the $27,230? Why wasn't the Orange Unified
School District (OUSD) Board invited to the July 20th Study Session when Purkiss-Rose
RSl made its presentation regarding the Master Plan for Park Facilities, Recreation and
Community Services?
Mayor Coontz responded that OUSD was invited and attended the July 20th Study
Session, The City Manager added City staff has been working with OUSD staff for
nearly a year on this project, and met with them again this week.
MOTION -Spurgeon
SECOND -Murphy
A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve the transfer of funds in the amount of $27,230 from Park, Acquisition
and Development Fund (510) Unappropriated Reserves to the Master Plan of Parks
Account No, 510-7021-485100-0008; approve first amendment to Consultant Agreement
with Purkiss-Rose, RSI; and authorize the Mayor and City Clerk to execute on behalf of
the City.
(REMOVED AND HEARD SEPARATELY)
3.8 Agreement between City of Orange and Orange Elderly Services, Inc. (A2100,0
AGR-0974.0) Tape 1283
SUMMARY: Approval of annual Agreement between the City of Orange and Orange
Elderly Services, Inc., for the operation of senior programs.
FISCAL IMPACT: Sufficient funds are budgeted for FY 1999/2000 in Account No, 100-
7041-426700 (Contractual Services): $211,000,
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CITY COUNCIL MINUTES
July 27, 1999
3. CONSENT CALENDAR (Continued)
Mayor Coontz asked if the City will be receiving monthly financial statements? The
Treasurer's Report formatting was discussed occasionally at Board meetings and it is
hoped the reports will have an acceptable format standard. An important part of the
contract is that Orange Elderly Services maintain accurate records of all services imd
operations and submit a monthly written report to the City listing programs being
conducted, levels of participation, fees and evaluation of program success, Also, Orange
Elderly Services is to establish a procedure for the City monitoring of programs to
involve it City Councilman, the City Manager, and Orange Elderly Services President imd
Chief Executive Officer, to meet regularly to ensure Orange Elderly Services' compliallce
with the agreement. It would be helpful to institute the meetings given the amount of
money and services the City provides to Orange Elderly Services. The City supports
Orange Elderly Services but needs to have a closer relationship because of its larger
programs and attendance.
The City Manager explained wording in the contract was clarified to make it
understandable that the City will receive a copy of Orange Elderly Services' annual audit
He will further research the issue of the City receiving monthly financial statements :md
report back to Council.
In response to Councilman Alvarez, the City Manager explained the $211,000 contract
amount has been consistent for years. Approximately $100,000 is contributed to Orange
Elderly Services through the Community Services budget for contracting for
transportation through Orange County Transportation Authority (OCTA), maintenancl: of
the facility, and capital improvements to the building.
Barbara DeNiro, (address on file), expressed concern with the amount of money given to
Orange Elderly Services and whether the original intent was to continue the same amount
every year.
Councilman Spurgeon commented on the importance of the senior citizens in the
community, noting that Orange Elderly Services has always been encouraged to look for
other fundraising capabilities and have complied, Councilman Murphy concurred with
his colleagues, stressing the importance of continuing to invest in the services and
activities provided by the Senior Center.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve contract agreement for FY 1999/00 with Orange Elderly Services, Inc.,
in the amount of$211,000 and authorized the Mayor and City Clerk to execute on behalf
oftheCity.
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CITY COUNCIL MINUTES
July 27, 1999
3. CONSENT CALENDAR (Continued)
3.9
(REMOVED AND HEARD SEPARATELY)
CLAIMS (C3200.0)
Tape 1600
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a, Javier Hernandez
b. Sylvia Abundes
c. Tom Cruz, Dolores Cruz, Thomas Michael Cruz and Anthony Ruben Cruz
d, Elena de Anda, Jose de Anda, and Maria de Anda
e. Connie Cardenas, Adrian Cardenas, Casey Cardenas, Mary Cardenas, Arthur
Cardenas, and Veronica C.
f. Ralph Covarrubias, Bonnie Covarrubias, Rosie Silva, Eilene R, Angela Covarrubias,
Clarissa Covarrubias, Vanessa Covarrubias, and Bobby Mendoza
g. Patty Fernandez, Ronald Fernandez, Eric Fernandez, Andy Fernandez, Christopher
Fernandez, Francis Reyes, and Audrey Silva
h, Norma Juarez, Ryan Tyler Tisher, Eustolia Juarez, Adrian Juarez, Veronica Juarez,
Christina Juarez, and Rebecca Juarez
L Gloria Ramos and Miguel Ramos
j. Richard Moreno, Celia Moreno, Richard Moreno, k, Anthony Moreno, Monique
Moreno, and Gabriel Heano
k. Jose de la Torre, Christina de la Torre, Joseph de la Torre, Jesse de la Torre, and
Natalie Gallego
L Diane Torres and Rena Torres
m, Daniel Trejo and Benito Trejo
n. Maria Estella Trejo, Emilia Miramontes, Sammy Trejo, Vincente Trejo, Damian
Miramontes and Joe Miramontes
0, Silvia Miramontes, Artuto Torres, Pedro Torres, and Adriana Torres
p, David G, and Ester Garcia
q, Gloria l Moreno, Yolanda Moreno, Frankie A Cazessus, Joseph Moreno and Michael
L. Arroyo
r. Carmen Figueroa, Elias Figueroa, Oscar Figueroa, Adrian Figueroa, Jr., Yanet
Figueroa and Alex Bahena
s, Juana Mares and Aurelio Mares
1. Bernice Tovar, Gilbert Flores, Raymond Tovar and Paul Hayden
FISCAL IMP ACT: None.
Discussion: Barbara DeNiro, (address on file), asked why there are so many claims? The
City Attorney responded c, through 1. involve a murder which occurred outside of the
City of Orange. The Orange Police Department was one of many police departments
involved in a joint effort to execute search warrants at a number of locations throughout
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CITY COUNCIL MINUTES
July 27, 1999
3. CONSENT CALENDAR (Continued)
the County. However, only one claim relates to a search warrant executed by the Orange
Police Department.
Carole Walters, (address on file), commented the Police Department needs a Citizens
Commission to protect the police officers, The City Manager responded claims against
police officers are protected under State law and officers are afforded every right they are
entitled to.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to deny claims for damages and referred to City Attorney and Adjuster,
CONTRACTS
Tape 1807
(REMOVED AND HEARD SEPARATELY)
3.10 1999-00 Animal Control Services Contract with the County of Orange. (A2100,O
AGR-0135-L)
SUMMARY: The City of Orange contracts with the County of Orange for animal
control field and shelter services. The term ofthis annual renewal is July 1, 1999 through
June 30, 2000,
FISCAL IMPACT: The adopted 1999-2000 budget includes a total of $260,232 in the
General Fund in Police Department Account No. 100-4031-427100-2350 (Detectives -
Contractual Services). This amount was based on previous annual contracts. Approval
of the 1999-2000 contract amount of $335,400 will require an appropriation of $75,168
from General Fund unappropriated reserves.
Mayor Coontz commented the County Department of Animal Control Services needs to
know that the City is not getting the response it needs regarding the problems with
coyotes and skunks. A person from the County needs to address this issue, The Senior
Assistant to the City Manager indicated the Interim Director from Animal Control
Services was in attendance at the meeting but had to leave for another commitment.
Barbara DeNiro, (address on file), expressed appreciation for Animal Control Services
when they were needed regarding a possum in her neighborhood.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
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CITY COUNCIL MINUTES
July 27, 1999
3. CONSENT CALENDAR (Continued)
Moved to continue to August 10, 1999. A representative from Animal Control Services
to be in attendance.
(REMOVED AND HEARD SEPARATELY)
3.11 Award ProCessional Services Contract to Rivertech, Inc. Cor the continuation oC
consulting services Cor the mapping and revision oC Flood Plain Maps Cor the
Santiago Hills Area. (A2100,0 AGR-3299)
SUMMARY: This contract authorizes the consultant to re-map the flood plain as shown
on the national Flood Insurance Rate Map and process a Letter of Map Revision (LOMR)
with the Federal Emergency Management Agency, FEMA. This revision will remove aU
residential properties from the Special Flood Hazard Area, The Santiago Hills Area to be
revised is south of Chapman Avenue to the southerly City limits and is east of Newport
Boulevard and west of Jamboree Road,
FISCAL IMPACT: Funds are budgeted and available in Account No, 590-5013-426700
(Assessment District No, 86-1) $35,000,00.
Mayor Coontz noted many positive letters and phone caUs have been received in support
of removing the homes from the Federal designation as special flood hazard because of
the improvements and changes in the Santiago Hills Project.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve an appropriation of $35,000.00 from Fund 590 to Account No. 590-
5013-426700 for the Santiago Hills Flood Plain Mapping project for the revision of the
National Flood Insurance Rate Maps; and award a contract in the amount of $25,360.00
to Rivertech Ioc, and authorize the Mayor and City Clerk to execute on behalf of the City,
EXPENDITURES
3.12 Approval of expenditures to Motorola for 800 MHz radio system equipment,
modifications and upgrades. (C2500.H)
SUMMARY: The 800 MHz Digital Radio upgrade is a county-wide project merging
public safety and public works organizations into a commonly accessible
communications network, The purpose of digitaUy capable mobile and portable radios
will give the Orange Fire Department the capability to meet its radio communication
needs for years to come.
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CITY COUNCIL MINUTES
July 27, 1999
3. CONSENT CALENDAR (Continued)
ACTION: Approved: I) an expenditure in the amount of $44,265 to purchase 37 mobile
Astro Spectra radios; and 2) an expenditure in the amount of $115,735 to purchase 23
portable STX3000 digitally capable radios and support equipment.
FISCAL IMPACT: Funds are budgeted and available in Account No. 120-3021-481302-
2525 (Prop 172 Funds).
RATIFICATION OF DECLARATION OF EMERGENCY
3.13 Review the existence of a local emergency as declared on April I, 1999. (Vista
Royale Tract).
ACTION: Approved,
RESOLUTIONS
3.14 RESOLUTION NO. 9141 (C2500JA.5)
A Resolution of the City Council of the City of Orange approving the Memorandum of
Understanding between the City of Orange and the Orange Municipal Employe:es'
Association relating to the wages, hours, and other conditions of employment effective
March I, 1999 through and including June 30, 2002, and repealing Resolution No. 8705
and amendments thereto for said employees.
ACTION: Approved.
3.15 RESOLUTION NO. 9148 (C2500,MJ4)
A Resolution of the City Council of the City of Orange summarily vacating a portion of
Locust Avenue east of Highland and west of the 55 Freeway and a portion of the
adjoining alley.
ACTION: Approved.
3.16 RESOLUTION NO. 9154 (A2100,0 AGR-3252)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 989-34; SP 3255; R. J. Noble
Company; Oak Street and Windgap Drive Reconstruction.
ACTION: Approved.
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CITY COUNCIL MINUTES
July 27,1999
3. CONSENT CALENDAR (Continued)
3.17 RESOLUTION NO. 9157 (A2100.0 AGR-0374)
A Resolution of the City Council of the City of Orange terminating that certain
agreement dated March 18, 1981, between the City of Orange and the Orange County
Sanitation District for the maintenance of the Stacy Lee Lane Sewer Pump Station.
ACTION: I) Approved Resolution No, 9157; 2) authorized the Director of Public Works
to issue a 90 day termination letter to the Orange County Sanitation District for the
maintenance and repair of the Stacey Lee Lane Pump Station and add this facility to the
contract with Richard Walker Sewer, Inc,; and 3) appropriated $20,000 from
Unappropriated Sanitation Fund Reserves (Fund 220) to Account No, 220-5022-427100
(Contractual Services),
TREASURER'S MONTHLY REPORT
3.18 Monthly Treasurer's Report for the Period Ending June 30,1999. (C2500,F)
ACTION:
Received and filed,
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item Nos. 3.7 through 3, II were removed and heard separately. The remainder of the
Consent Calendar was approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR COONTZ - None
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 2006
6.1 Reappoint Mayor Coontz and Mayor pro tem Spurgeon as ex-officio members to
the Orange Housing Development Corporation. (Terms to expire 07/2001).
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve,
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CITY COUNCIL MINUTES
July 27,1999
7. ADMINISTRATIVE REPORTS
7.1 Appeal by Mayor Coontz of the City Traffic Commission's decision on May 12, 1999
to deny the 13,000 pound truck weight restriction on Chapman Ave. between Tustin St.
and Batavia St. (Continued from July 13, 1999). (S4000.S.3.9)
Mayor Coontz commented the Police Department has reviewed the weight restriction and has
suggested a 26,000 pound weight restriction. This issue was brought forward as a result of
Council directing the Traffic Commission to review the issue of reducing the number of large
trucks traveling through the historic Plaza, which affects historic buildings.
The Director of Public Works explained that Chapman Avenue is a truck route through the City.
During some studies in connection with the Plaza project, the issue was raised about the
problems of trucks due to weight and maneuvering capability on the two lane road within the
Plaza area, The 13,000 pound weight restriction was subsequently referred to the Traffic
Commission, who felt the restriction was unduly restrictive, as there would probably be no more
than ten trucks a day. The Police Department felt by raising the weight restriction to 26,000
pounds, with respect to enforcement, would be alleviated while at the same time establishing a
limit that would deal with trucks of most concern, i,e, large 18 wheelers and other large single-
unit type trucks, The street would be posted between Tustin and Batavia Streets for enforcement
purposes. The restriction would only apply to trucks traveling through the area, Under
provisions of the Vehicle Code, the trucks would be permitted to use the roadway if their origin
or destination is within the limits between Tustin and Batavia Streets.
Mayor pro tern Spurgeon said his concern was with the large tractor truck trailer-type vehicles
that take a lot of time traversing through the Plaza due to their size, The Director of Public
Works explained the 26,000 pound weight restriction would preclude any truck tractor rigs.
whether single or double trailers, as well as some single-unit trucks,
Mayor Coontz added an additional concern was for the historic Plaza and damage caused to the
pavement.
Councilman Slater asked if the ratio of 20% of truck traffic, as discussed by the Traffic
Commission with the 13,000 pound weight restriction. will change now that the restriction will
be 26,000 pounds? The Police Chief was asked to explain how the weight restriction will be
enforced, officer assignment, where trucks would be pulled over, etc? The Director of Public
Works explained of the 500 trucks that were originally counted, approximately 5-6% would be
affected by the 26,000 pound limit. The Police Chief responded the 26,000 pound limit will be
easier to enforce, No additional officer resources will be needed,
Carole Walters, (address on file), expressed concern that trucks taking alternate routes will tear
up other City streets, Mayor Coontz responded there is truck route established for the City so
that truckers are aware of alternate routes that can be taken,
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CITY COUNCIL MINUTES
July 27,1999
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Mayor Coontz
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to establish a 26,000 pound weight restriction on Chapman Avenue between Tustin Street
and Batavia Street; direct the City Attorney to prepare a municipal ordinance for this restriction;
and direct the City Manager to set up a procedure to have Council requests to Advisory Boards
and Commissions come back directly to the City Council as requested.
8. REPORTS FROM CITY MANAGER - None
9.
LEGAL AFFAIRS
Tape 2475
9.1 ORDINANCE NO. 16-99 (A2500.0 Outdoor Dining)
An Ordinance of the City Council of the City of Orange adding Section 12.18.080 to the Orange
Municipal Code relating to the effective date for the outdoor dining ordinance.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No, 16-99 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 17-99 (ZI500.0 ZCG-1l99-99)
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code and approving the reclassification of property located on the west side of
Prospect Street between Walnut Avenue and Spring Street, from R-O To R-3.
Zone Change 1199-99
Applicant: Beazer Homes California, Inc.
Action was taken by the City Council on July 13, 1999 to approve Zone Change 1199-99,
Carole Walters, (address on file), asked Council to consider giving the people in the area a park
they can enjoy with picnic tables, barbecues, etc.
Mayor Coontz commented she had saved a pictorial map of the proposed park that was printed
and distributed by Beazer Homes in October, 1998 and will have it color reproduced for the
benefit of the Council.
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CITY COUNCIL MINUTES
July 27,1999
9. LEGAL AFFAIRS (Continued)
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 17-99 be read by title only and same was set for second reading by
the preceding vote.
9.3 ORDINANCE NO. 18-99 (ZI500.0 ZCG-1199-99)
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code and approving the reclassification of property located on the west side of
Prospect Street between Walnut Avenue and Spring Street, from R-3 To R-O,
Zone Change 1200-99
Applicant: Beazer Homes California, Inc.
Action was taken by the City Council on July 13,1999 to approve Zone Change 1200-99,
MOTION- Murphy
SECOND- Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No, 18-99 be read by title only and same was set for second reading by
the preceding vote,
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:07 p,m, to a Closed Session for the following purposes:
a. Conference with Legal Counsel - anticipated litigation, Significant exposure to
litigation pursuant to Government Code Section 54956.9(b) (two potential cases): Zehner
vs. City of Orange and Serrano/School District Mitigation Fees.
b, Conference with Legal Counsel pursuant to Government Code Section 54956,9 - existing
litigation: Vista Royale HOA v. City of Orange, et at, Orange County Superior Case No. 78 02
84
c. Conference with real property negotiator regarding the sale of real property pursuant to
Government Code Section 54956.8: Property: 15+ acre vacant parcel generally located
southwest of the intersection of Prospect Street and Walnut Avenue. Negotiating Parties: City
of Orange and Shepherd Academic, Inc, Under Negotiation: Price and terms of payment
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CITY COUNCIL MINUTES
July 27,1999
11. RECESS TO CLOSED SESSION (Continued)
d, 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.
PUBLIC COMMENTS
Tape 3090
Carole Walters, (address on file), commented that people can contact her regarding OUSD's
involvement with the Master Plan of Parks, Recreation, and Facilities.
Charles Leffler, 10693 S. Orange Park Blvd" asked Council to look at the Barham Ranch
situation in East Orange Hills and consider that the land is a good nature conservancy prospect
that needs to be protected for future generations of Californians, A legal battle is going on. With
the City's help, perhaps parties involved would back out and consider other options and bring the
land into the public trust where it belongs,
Councilman Slater asked the City Manager for clarification relative to some of the Strawberry
Field funds being designated towards the acquisition of Barham Ranch? Was Barham Ranch
considered part of the Master Plan of Parks as potential open space? The City Manager
explained when the City was negotiating with the County on the Strawberry Fields, the County
desired to purchase the 500+ acres with proceeds from the sale. It was hoped at that time that the
property would be valued at approximately $3-4 million. As the price became more clarified by
the Serrano Irrigation District and OUSD, the County was unsuccessful in moving ahead because
the price escalated quickly. The old appraised price was a lower amount that dated back to the
late 1980's or early 1990's, The County had to pull out of the proposal because they could not
compete with the higher appraised values speculated at the time, Barham Ranch was not
considered in the Master Plan of Parks because it is located in the unincorporated area of the
County, and would have to be annexed to the City.
COUNCILMAN SLATER STATED FOR THE RECORD: "I appreciate the efforts that the community is
undergoing out there to try to save this property from development. I support that and 1 am
hopeful that it will work out and the City, County, School District and Serrano can work together
to maintain this as permanent open space. I think it would be a real asset to the City of Orange."
Mayor Coontz commented she recalls that just a small part of Barham Ranch was proposed for
development. The Irvine Company volunteered the land for their own development purposes.
The City will keep up on this issue. The Director of Community Development indicated that
Barham Ranch is part ofthe Natural Community Conservation Plan (NCCP) area.
PAGE 14
CITY COUNCIL MINUTES
July 27,1999
13. PUBLIC HEARINGS
13.1 APPEAL NO. 456, CHANGE OF NON-CONFORMING USE, THE UNKNOWN
ART GALLERY, FORMERLY P.J. MEAD BOOKS AND COFFEE; APPELLANT:
GARY MESERVE: (A4000,0 APP-456) Tape 5966
Time set for a public hearing to consider Appeal No, 456 by Gary Meserve of the Planning
Commission's denial of the appeal upholding the Community Development Director's decision
to approve the change of an existing non-conforming use of a building to another non-
conforming use on property located at 135 South Cambridge Street (Continued from June 22,
1999 Council meeting).
NOTE: A letter was received from Robert D. Mickelson on 6/15/99 representing the property
owners, ML and Mrs, Gary Mead requesting a continuance of the hearing to July 27, 1999 or as
soon thereafter because he will be out of the state,
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
"I) p, J, Mead's was closed for over 8 mo. And should not have re-opened.
2) The new use is an expanded and more intrusive use.
3) No customer or employee parking is provided.
4) The business is not compatible with the surrounding residential properties.
5) Unacceptable noise from the manufacturing portion ofthe business,"
Note: Councilman Slater abstained on this item due a conflict of interest, ownership of a
property across the street and left the Council dais.
The Planning Manager reported the appeal is for a proposed change in land use from one
commercial use to another for a non-conforming property which is zoned for residential use but
has been used for commercial purposes. The appeal is of a Community Development Director
and Planning Commission approval of a new commercial use of the property, from a prior books
and coffee house use to an art gallery use with picture framing and occasional events, He
provided a brief history of the commercial use of the site dating back to the 1920's, In 1994, the
City Council established the books and coffee business with dining as the legal non-conforming
use which serves as the baseline for the current request for the art gallery use. Any chan~e in
commercial use now must not be more impactin~ than the commercial use approved in 19~
The property owner closed the book and coffee house in April, 1998 and reopened on a Saturday
only basis in September, 1998, five months later, according to his records. In December, 1998,
the property owner proposed a change to the 1994 approved use with a request to change the use
from coffee, baked good, and books with seating to an art gallery and picture framing business
with coffee and baked goods on a to-go basis, with occasional events. Staff approved the request
with specific conditions limiting the business operations to minimize impacts to the
neighborhood. The appellant, Mr. Meserve, appealed staffs decision to the Planning
Commission who, after two public hearing, approved the new use with additional
PAGE 15
CITY COUNCIL MINUTES
July 27, 1999
13. PUBLIC HEARINGS (Continued)
restrictions including the elimination of the coffee and packaged goods to go request. Mr.
Meserve has also appealed this decision to the City Council.
The Planning Manager continued that the two code sections relevant to the appeal, which are the
basis for Council's decision, are as follows: I) The six-month rule, which is if a non-conforming
use is discontinued for more than six months, all non-conforming privileges are lost. In this
particular case, it would mean that the property would revert to residential single-family use if
the commercial use is discontinued for more than six months. 2) A change of use must be of the
same or more restrictive classification (that is not have any more impacts than the prior use),
Impacts are typically measured by things like traffic, parking, noise, etc. The staff and Planning
Commission, after reviewing the requested change in use, determined that the site's property
owner did not exceed the six month rule, that the change of use is of the same or more restrictive
classification, and that the impact on the surrounding community with conditions to protect the
neighborhood would be the same or less impacting than the prior uses, The Planning
Commission asked the property owner to provide evidence that the business had been open on a
Saturday only basis. The property owner provided cash receipts during that period of time. The
Planning Commission's decision was made based on the tape and input from the property owners
and the public hearing process.
MAYOR COONTZ OPENED THE PUBLIC HEARING,
APPELLANT'S COMMENTS:
Gary Meserve, 153 S. Cambridge, commented on the unique situation on S. Cambridge Street in
which no businesses and properties are zoned R-I from Fairhaven to Meats Avenues, with the
exception of a nursery where people buy Christmas trees, Things have taken place at 135 S.
Cambridge illegally, Le., live entertainment without permits, Structural changes, patio covers,
etc" that need to go through the permit process, are never done. Reference was made to a letter
sent out by the Community Development Director on December 25, 1998 regarding the request
for a new business. The miter saw from the business can be heard for 4-5 hours a day in this
residential area. He noted that an informal agreement had been obtained to use parking at the
office buildings to the north and northwest across Cambridge, indicating there is no parking for
the business, There are letters from both property owners that forbid Mr. Mead or Ellie North of
The Unknown Art Gallery from parking on the lots due to past trouble. It was requested that
Sergeant Bob Green address some of the history problems of parking, the amount of tickets
written over the last three years, and if any problems would be anticipated in the future from
having a business open during bike hours when the business has no parking. Ms. North started
her business two weeks before she applied for a license. The business is not compatible with the
neighborhood. Further, Mr. Meserve displayed a cashier tape which he indicated he faithfully
put together from Aprilll, 1998, the last day of business before Mr, Mead went into retirement,
noting the total sales and taxes paid. The tapes were left out of Council's packets. The tapes
provided by Ellie North are from April lOth and II th and show that a real day of business was
$400 to $600 in sales. The purpose of presenting the tapes is to show that Mr. Mead had a
PAGE 16
L
CITY COUNCIL MINUTES
July 27,1999
13. PUBLIC HEARINGS (Continued)
garage sale on two Saturdays and that he was not open for business. The business has been a
nightmare on Cambridge Street since it changed from being a general neighborhood market
Council was asked to uphold the appeal and not allow the business to stay and disturb the
residents of the 100 block ofS. Cambridge,
The City Attorney indicated that the relevant issue is whether or not the proposed use is more
intrusive that the prior use. If Council does not find that the business was closed for six months,
but denies this use, it would revert back to the coffee/sandwich shop, The time in which it has
been opened for an art gallery cannot be used against the business for the six month period, If it
is found that the business was not open for six months, it would revert back to a residential us(:,
SPEAKING IN FAVOR OF THE APPEAL
Richard Carlson, 153 S. Cambridge, commented the Planning Commission voted on this issue
without all Commissioners having all the evidence Mr. Meserve had provided, Further, Cowlcil
never voted on the approval of p, J, Meads in 1994. Previous documents state the business was
illegal in 1992 and 1994 and a misuse ofthe property.
Barbara DeNiro, (address on file), expressed concern with legal parking and bicycle lane use :md
the property remaining a non-conforming use,
Carole Walters, (address on file), expressed concern that Council was not provided with the
entire register tape. The tapes don't reflect Mr, Mead's business address or name. Ms. Walters
passed out letters to Council written on Orange High School letterhead by a staff member
regarding this issue. Mayor Coontz indicated that she never received the letter, but that all
Councilmembers received the letter from Mr. Lewis of Orange High SchooL
SPEAKING IN OPPOSITION TO THE APPEAL:
Ellie North, The Unknown Art Gallery, 135 S. Cambridge, commented she does not feel she has
an impact on the neighborhood because 90% of her business is pick-up and delivery or maiL Her
hours of business are Tuesday through Friday, 9;30 a,m. or 10:00 a,m. to approximately 5;00
p,m. She is rarely there on Mondays; never on Sundays; and sometimes on Saturdays. Jewelry
classes are held two nights a week, with four people in Tuesday nights class and five in
Wednesday nights class, conducted from 6:00 p.m. to 8;30 p.m, Class attendees park directly in
front of the shop or across the street The manufacturing of the frames is sometimes done
outside, The saw is only run once a week for less than an hour, many times in the work shed in
the back or inside the studio, The apartment on the property is occupied by her daughter, her
husband and their child.
PAGE 17
CITY COUNCIL MINUTES
July 27, 1999
13. PUBLIC HEARINGS (Continued)
Judy Schroeder, 1041 N. Elizabeth Place
Jane Welder, 167 N. Cambridge
Loganne Hendricks, 2558 Elsinore Road, Riverside
Barbara deBoom, Orange Chamber of Commerce, 531 E. Chapman
REASONS FOR OPPOSING THE APPEAL: Gallery is less of an impact and traffic is considerably less
than when it was P.J. Meads Coffee Shop; the miter saw does not run often; and the business is
legal.
Bob Mickelson, p, O. Box 932, Orange, speaking on behalf of Gary Mead, commented that Mr,
Mead knows non-conforming use laws very well and his limitations when attempting to make
changes. Limitations were placed on the business by the Planning Commission which Mr. Mead
and Ms. North have agreed to. Mr. Mead kept his business license, The doors were not open all
of the time, but occasionally on the weekends to sell goods to establish the fact that he did have
sales. The original tape is in the custody of the City Attorney. Tapes were submitted for that
period of time to show there were legitimate sales of goods from the store, which were
admittedly not a large volume. Mr. Mead intended to maintain the non-conforming right and
did, though limited, by keeping the business going during that period of time.
Gary Mead commented the first thing that needs to be defined is what are the rules and
regulations of being open for business in the City of Orange. Is it that your front door is open
and that your cash register is ringing? Is it that you have paid your city license? What are the
rules that say you're in business? On April 13th he retired and during that time the business was
still active, although the front doors were not open, The inventory was still being maintained
inside; the electricity bill was being paid; and he still came and left through the back door during
the time that the front doors were locked. Knowing the six month period was a stipulation that
the City had, he reopened the business and sold coffee and baked goods. To veritY that, he had a
cash register tape, which the City now has, that the business was reopened, One day sales were
$5,00 and another day $13,00. Other products were sold that were non-taxable. The fact that he
was open was established. Mr, Mead explained his relationship with Mr. Djang relative to the
use ofMr, Djang's parking lot, located immediately north of 135 S, Cambridge, over the period
of time in which he has owned the property, noting that he and Mr. Djang have not had any
correspondence other than a notice he received that the tenant was moving and that his contract
with the tenant was null and void.
The City Attorney explained that the fact that a business license has been obtained does not make
him open for business, If at any time during the period of April, 1998 and January 14, 1999,
whether it was temporary or permanent, all day, part day, one day a week, one day every two
weeks, or even one day a month, if the shop was opened for the same type of business as the non-
conforming use was, Le. the selling of coffee and bakery good, he would be considered open for
business,
PAGElS
,
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CITY COUNCIL MINUTES
July 27,1999
13. PUBLIC HEARINGS (Continued)
REBUTIAL:
Richard Carlson, 153 S. Cambridge, commented it was strange there were no posted hours lmd
never an open sign, Having a garage sale at the side property at the residential portion does not
constitute the business being open. The property was not manicured. It looked abandoned lmd
was for sale through Dan Slater for four months, $70,000 above market value according to the
realtor that sold his house, Ricci Realty. He and the neighbors were watching, The tape was
taken to an independent auditor in Laguna Hills. It could not stand up to an audit for the State
Board of Equalization, the Tax Franchise Board, or the Internal Revenue Service. It could have
come from any adding machine. The saw runs three to four hours a day at times and is dom: in
the driveway. How can the tape be taken on good faith when seven property owners are willing
to testify and have signed a petition. The garage sales do not constitute it being open. Mr,
Carlson further spoke regarding parking lot arrangements Mr. Mead had with Mr. Djang in the
past. The business was closed beyond the six month period, There is nothing in the City files
that recognizes the legal existence of P. J. Meads and Coffee. There is no lease between Mr.
Mead and Ellie North which is a problem,
Sergeant Green of the Police Department reported on street parking and street sweeping citations
for the 100 block of S, Cambridge, From November, 1996 to July, 1997, 19 parking citations
were written, From July, 1997 to July, 1999,46 parking citations were written. Twelve street
sweeping citations were written from November, 1996 to July, 1997, Six street sweeping
citations were written from July, 1997 to July, 1999. In total, 121 parking citations were written
from March, 1996 to July, 1999 and 57 street sweeping citations. This totals 178 street sweeping
and traffic citations for a three year, four month period.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING,
COUNCIL COMMENTS:
Mayor Coontz commented there has been a lot of discussion, questions, and accusations as to
whether the business was open or not. Are there any stipulations in the City's ordinance to
address this issue? It is obvious that this use is less intense. This has been a non-conforming
business since 1946.
The City Attorney explained that case law is applicable to this issue. Under case law, a
conditional use permit can expire after six months, if the business was closed continuously for
six months. Case law can be interpreted that the use has to be discontinued continuously for six
months. If it was open once a week, part time, once every two weeks, or once a month, it was
Mr, Mead's intent to keep the non-conforming use alive, It would not constitute a six month
discontinuance ofthe use.
PAGE 19
CITY COUNCIL MINUTES
July 27,1999
13. PUBLIC HEARINGS (Continued)
Councilman Murphy commented the evidence shows that the business was open, although it was
on a sporadic basis during the time period, It is clear that the use of a gallery is not as intensive
as the previous use,
Councilman Alvarez commented Mr. Mead has demonstrated his intentions by maintaining his
business permit and conditional use permit, although he does not feel that Council can make a
determination based on the evidence of the tape, Activity at the gallery is much lower in
comparison with the coffee shop.
MOTION - Spurgeon
SECOND - Mayor Coontz
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSENT - Slater
Find that the project is exempt from the requirements of the California Environmental Quality
Act, per CEQA Guidelines, Section 15303,
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSENT - Slater
Moved to deny Appeal No, 456.
13.2 APPEAL NO. 463; CONDITIONAL USE PERMIT 2290-99; FORMER ORANGE
DRIVE-IN THEATER; APPLICANT: CALIFORNIA DRIVE-IN THEATRES;
APPELLANT: MAYOR JOANNE COONTZ (A4000,0 APP-463) Tape 3400
Time set for a public hearing to consider the Planning Commission decision to approve a
proposal to use the former Orange Drive-In Theater site to re-establish a swap meet on Saturdays
and Sundays, with approximately 670 vendor stalls, as a temporary use of the property (2 to 5
years) The Orange Drive-In Theater site is located at 291 North State College Boulevard,
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
"1 believe this is a decision important enough to merit City Council review."
Mayor Coontz reported at the August 11, 1998 Council meeting, when the CarMax application
was proposed for this site, Council addressed the need for a vision plan, noting this area as
PAGE 20
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CITY COUNCIL MINUTES
July 27, 1999
13. PUBLIC HEARINGS (Continued)
having great potential for growth and development with a higher and better use, The approval of
a consultant to help formulate an action plan to implement that vision was approved this
afternoon at the 4:30 p.m. session by the Agency Board, There has been a great deal of energy
and focus on the area with improvements to the 1-5 Freeway, the success of The Block, and two
new offices towers in the planning stages. The area has become a focal point, both for the City
and County of Orange.
The Director of Community Development reported the property is 123 acres in size, a portion of
a larger property, 19 acres totaL The remainder is in the City of Anaheim, Zoning in the City is
M-l (Industrial) and has a General Plan designation of General CommerciaL It is surrounded by
a variety of uses, office and hotel uses to the west, a mobile home park to the east, the 1-5
Freeway to the south, and office and industrial uses in the City of Anaheim to the north. The site
was occupied for many years as a swap meet in the 1970's and 1980's. Over 1,000 parking
spaces would be available on the site, which far exceeds what the traffic consultant estimated
would be needed. The State College frontage would be landscaped as part of the proposal lmd
much of the site would be paved. The vendor area would be fenced with an eight foot fence with
670 spaces for vendors. The swap meet proposes to be open Saturdays and Sundays and seven
holidays a year, operating from 6:00 a,m. to 4:00 p,m. Neighboring mobile home residents have
expressed concerns with noise, dust, disturbing activities, and things being thrown over the
fence, Conditions were added to address the issues, including such things as no amplified music
before 9:00 a,m,; audio vendors being required to occupy spaces to the western portion of the
site, away from the residential neighbors; on-site management and management which would
control parking areas as to which areas are occupied and used first. Clean-up would be required
immediately following the closure of the swap meet. There would be six month reviews by the
Planning Commission to ensure that the operation is proceeding as proposed. The Planning
Commission held a hearing on June 7, 1999 and approved the proposal subject to conditions.
Ten conditions were added by the Planning Commission to address residential neighbors
concerns. The City of Anaheim has conducted public hearings on their portion of the site and
have approved the swap meet as a two-year interim use. There is a condition in the City's
proposal that states that the City of Orange approval is only valid with an Anaheim approvaL A
two-year swap meet would be consistent with a long-term vision plan for the creation for the site.
Two additional conditions of approval are being recommended. The Orange Police Department
proposes a condition relating to regulations for selling prescription drugs and the Orange County
Health Department proposes a condition relating to food service and sales.
Mayor Coontz asked to what extent the Orange Police Department would be involved and to
what extent would the swap meet be offering services of their own to not overburden the Police
Department? Will the City get a monetary payback for their police services? Who pays for
extraordinary services? Does the swap meet have their own security? Concern was expressed
with past problems at the swap meet with people parking in unauthorized parking spaces in
industrial areas, Were these areas notified of this issue?
PAGE 21
CITY COUNCIL MINUTES
July 27,1999
13. PUBLIC HEARINGS (Continued)
The Director of Community Development explained one of the conditions requires that an
agreement be completed between the Orange Police Department and the swap meet operator
before the swap meet operation begins, The Police Chief stated police needs at the swap meet
would be calls for services, i,e. stored vehicles, auto theft, alarm calls, assault and battery. There
were 169 calls for service responded to by the Police Department during the last three year
period of the swap meet. The second type of service needed are extraordinary services, Le.
investigative services relating to the control of stolen property and pharmaceuticals, which would
require two police officers at the site at least 5 hours a day once a week Traffic control
enforcement services is an extraordinary service which would be required based on the need. He
will negotiate with the swap meet to recover some of the extraordinary costs, The swap meet has
their own security. Approximately 30% of the area is in the City of Anaheim, and anything
occurring in the City of Anaheim is their responsibility The Director of Community
Development further stated that notification was sent to property owners within a 300 foot radius
of the site, which would have included industrial owners in the City of Anaheim. The
expectation is the site will accommodate the parking needs.
Councilman Slater asked if the $25,000 cost estimate for police services is still applicable? The
Police Chief responded new figures received from Finance estimate the investigative
extraordinary costs to be approximately $2,900 a month and the traffic extraordinary costs to be
approximately $1,400 a month.
Mayor pro tern Spurgeon, for the record, expressed concern with a higher and better use coming
up in the near future. Have we contacted the Anaheim Police Department to work a cooperative
agreement? There needs to be a compensation arrangement on the amount of extraordinary
service calls after a threshold has been reached, Sergeant Green indicated the Anaheim Police
Department is awaiting response from the City of Orange on the decision of tonight's appeaL
MAYOR COONTZ OPENED THE PUBLIC HEARING.
SPEAKING IN OPPOSITION TO THE APPEAL:
Jay Swerdlow, 120 N. Robertson, Los Angeles, representing Pacific Theatres, gave a history of
the Orange Drive-In Theater and past swap meets.
Mayor Coontz requested for the record, that Mr. Swerdlow indicate what his intentions are for
the site. Mr. Swerdlow responded: "We look at the two year agreement as a practical two-year
limitation on the entire swap meet operation, This swap meet cannot operate independently in
anyone City. The City Attorney did not feel it was appropriate to put a time limit on the swap
meet. We are happy with the two year time limit. We are going to continue to look for
development opportunities. At the end of two years, I guess if there were no development
opportunities, we would reapply, but we consider it over at the end of two years, and would have
to apply for a new permit, if we haven't found a development opportunity, in the City of Orange,
as well as the City of Anaheim,"
L-.._____ .
PAGE 22
CITY COUNCIL MINUTES
July 27,1999
13. PUBLIC HEARINGS (Continued)
Councilman Slater commented he did not want a situation where the City goes in the hole by
providing police services. In terms of covering those costs does it sound realistic? Mr,
Swerdlow responded absolutely, that they have paid for the extraordinary costs for many years,
He believed that undercover police were preferred to visit the swap meet periodically
unannounced to check on their operation, They felt the sales tax from 670 vendors will exceed
the estimated $25,000, The City will be reimbursed for their out-of-pocket police services to
support the facility, The Police Chiefs estimate of $45,000 - $50,000 is acceptable to tht:m.
They would like to keep it lower, but will reimburse whatever the City feels is appropriate.
Mark Miller, 120 N. Robertson, Los Angeles, Director of Real Estate for Pacific Theatres,
commented they realize the highest and best value of the property is not a swap meet. However,
the swap meet operation will generate a nice cash flow, but not near the cash flow of an oft1ce
complex, hotel development, shopping center, etc, They are working with the staff and will
continue to do so to find the right vision for the site. The swap meet operation helps them pay
the tremendous maintenance costs, carrying costs, taxes, and pre-development costs for other
developments that are coming to fruition. They will continue to do what is necessary to get a
good long term development. They are active participants and want to continue to participate in
the visioning process.
Mayor Coontz expressed concern with negotiations being made for police services. The City
Manager responded if the conditional use permit is approved, he would assure a good package is
negotiated between the City and Pacific Theatres.
SPEAKING IN SUPPORT OF THE APPEAL:
Dean Feltrneir, 400 N, State College Blvd., General Manager of the Hilton Suites, expressed
concern with records of the hotel which indicate problems from past swap meet operations at the
site with traffic congestion, police calls, and the hotel used for stake outs, Concern was also
expressed with the louder and more disruptive elements of the swap meet being moved to the
west, where the Hilton Suites is located, which is due to noise concerns raised from residents at
the trailer park.
Barbara DeNiro, (address on file), expressed concerns with the tracking of sales tax, traffic
safety, traffic congestion, parking, police services, and the notification process, The Director of
Community Development indicated approximately 235 notices were sent out which included
property owners and tenants of the mobile home park,
Carole Walters, (address on file), expressed concern with the impact of traffic on the
neighborhood and the expansion of police services,
PAGE 23
CITY COUNCIL MINUTES
July 27,1999
13. PUBLIC HEARINGS (Continued)
REBUTIAL:
Mark Miller, representing Pacific Theatres, commented the Anaheim Planning Commission and
Anaheim City Council considered and addressed at length the issues raised by Dean Feltmeir of
the Hilton Suites HoteL The issues were addressed adequately and conditions were approved by
the Anaheim and Orange Plarming Commissions and the Anaheim City CounciL The vendor
access will be from Orangewood Avenue and customer access will be exclusively from State
College Boulevard.
Mayor Coontz referred to Condition No. 29 in Planning Commission Resolution No. 35-99
relative to approval being subject to review at six-month intervals by the Community
Development Department and other staff. Perhaps the six-month review should come back to
Council for assurance. The Director of Community Development indicated in the event of a
problem, a report would be provided to CounciL
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
COUNCIL COMMENTS AND QUESTIONS:
Mayor pro tern Spurgeon commented he will be watching the temporary operation closely for
litter, jaywalking, etc, If problems are seen, he will ask staff to bring this back to Council.
However, Pacific Theatres has the right to generate some income, until a higher and better use
can be found for the site,
Councilman Murphy expressed support for the proposal, based on it being a temporary use. The
owners having the right to generate income on the property.
Councilman Slater asked the Police Chief if there would be a benefit in having a cooperative
police agreement with the City of Anaheim? The Police Chief responded he will meet with
management at the Anaheim Police Department and discuss issues of mutual concern. It is felt a
mutual agreement can be reached. Councilman Slater commented he was chagrined that a swap
meet was going to be added back to a site that is so valuable, Personally he would have preferred
CarMax which he felt would have been a much better use, It is unfortunate for the Hilton Suites
Hotel to have the swap meet across the street However, the abandoned site currently is
offensive and this use will make the property productive in the interim, With the market demand
in real estate, etc., he feels that something will come along in the near future that will be a vast
improvement
Mayor Coontz commented that after the appeal was placed on the agenda, the vision plan for the
future of the entire area came up and was approved at the 4:30 p,m. session, It is hopeful that
everyone involved will be working with the consultant, The Diamond Group, The City Manager
indicated he will be paying close attention to the plight of the Hilton Suites HoteL
PAGE 24
CITY COUNCIL MINUTES
July 27,1999
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Approve Negative Declaration 1597-99, indicating that approval of the project will have no
significant effects on the environment.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to deny Appeal No. 463 upholding the findings of the Planning Commission as outlined
in Resolution No. PC 35-99 and amend Conditional Use Permit 2290-99 to include two
conditions of approval as follows: 1) Swap meet operator will provide written, daily notice
prohibiting all vendors from the sale or trade of pharmaceuticals which require a doctor's
prescription, Orange Police Department will vigorously enforce all laws pertaining to unlawful
dispensing of pharmaceuticals; and 2) The applicant/swap meet operator must observe all state
and county health regulations that pertain to food sales and services, including preparation,
handling, storage and waste disposal. The integrity of the abandoned concessions building is
unknown. The ability to use this building as a food establishment must be demonstrated by the
applicant. Plans will be prepared by the applicant and submitted for review and approval by the
Orange County Health Care Agency, Division of Public HealthlEnvironmental Health. Future
use of the building and general swap meet operations are subject to a permitting process and
regular inspection by county health officials. Please contact the Division of Public Health at
667-3600 for details regarding the submission of plans and for permit applications. Amend
Condition No, 29 of Planning Commission Resolution No. PC 35-99 that in the event of a
problem, information will be brought back to Council.
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 9:45 p,m
,
C:~~~-"AY-
CA SANDRA 1- THCART, CMC
CITY CLERK
JOANNE COONTZ
MAYOR
PAGE 25