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01-09-1996 Council MinutesAPPROVED B~ CITi COU~Cl~ ON JA~UAR~ 2~. _~~O CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA JANUARY 9, 1996 The City Council of the City of Orange, California convened on January 9, 1996 at 4:30 P.M. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 4:30 P.M. SESSION 1. OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Joanne Coontz 1.2 ROLL CALL PRESENT - Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - Murphy (arrived at 5:40 p.m.)1.3 APPROVAL OF MINUTES Regular Meeting December 12, 1995 MOTION - Barrera SECOND - Slater AYES - Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - Murphy ACTION: Approved.1. 4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS A Certificate of Recognition was presented to Jeanne Arehart, Assistant Finance Director,for serving as Interim Finance Director. 1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 32 The items on the Consent Calendar will be acted upon by one roll call vote unless members of the City Council, staff or the public request the item to be discussed and/or removed from the Consent Calendar forseparate action.2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of January 9, 1996 at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.PAGE 1 I~- CITY COUNCIL MINUTES JANUARY 9, 1996 2. CONSENT CALENDAR (Continued) 2.2 Request Council confirmation of warrant registers dated December 12, 15, 20 and 29, 1995. ACTION: Approved. 2.3 Request Council make the finding that public convenience and necessity will be served by the sale of alcoholic beverages at the Bootlegger Liquor Store (addressed 1691 E. Lincoln Avenue), and that the State's Department of Alcoholic Beverage Control (ABC) issue a Type 20 license for this location. (p1300.0.2) FISCAL IMPACT: None. ACTION: Approved. 2.4 Request Council approve an extension to the computer services contract with Business Records Corporation (BRC) for an additional one year period from February 1, 1996 to January 1, 1997, while Staff evaluates options for longer service contract needs. A2100.0, AGR-0978.B. 7)FISCAL IMP ACT: None that is not already anticipated in the current year's budget for a continuation of existing service levels.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.5 CLAIMS FOR DAMAGES FROM: (C3200. 0)a. Eddy Dominguez FISCALIMP ACT: None.ACTION: Denied claim and referred to City Attorney and Adjuster.2.6 RESOLUTION NO. 8570 A Resolution of the City Council of the City of Orange expressing appreciation to Frank D. Armendariz of the Orange Water Department and commending him for more than forty years ofloyal and dedicated service to the City of Orange. (C2500. P)ACTION: Approved.2.7 Request Council approve execution of a Quitclaim Deed to Werner Corporation and the Gerard and Lois Werner 1976 Trusts of a Access Easement that is no longer required.Location: West side of Main Street, North ofKatella. (04000. 0)FISCAL IMPACT: None. $75.00 processing fee to be deposited into General Fund.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.PAGE CITY COUNCIL MINUTES JANUARY 9, 1996 2. CONSENT CALENDAR (Continued) 2.8 Request for authorization to advertise for bids for the recoating of the interior of Reservoir 2. (C2500.P.3) Location: Villa Real Drive east of Santiago Blvd. FISCAL IMP ACT: Sufficient funds have been allocated in the following Water Capital Projects Accounts. 601-8061-484201-8302 Reservoir Recoating $100,000 601-8061- 484400-8302 Reservoir Recoating $250,000 ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.9 Request Council consider the implementation of 'NO PARKING ANY TIME' restrictions on both sides of Old Camp Rd. north of Canyon View Ave. a residential street 300 ft. long terminating in a cul-de-sac. The parking restriction is suggested to encourage park visitors to use the Peter's Canyon Regional Park parking facilities rather than the adjacent city street for parking. (S4000.S.3.1.1)FISCAL IMPACT: Approximately $400.00 for posting signs is currently available in the department's normal operating budget using Contractual Services Account No. 100-5032-427100.Mayor Coontz recognized the following speaker:Jack Pitney, 220 B S. Grisly Canyon Dr., on behalf of residents adjacent to Old Camp Road, thanked the Council for considering this item due to the on-going parking nuisance.MOTION - Spurgeon SECOND - Coontz AYES - Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - Murphy ACTION: Approved.2.10 Request Council designate the Traffic Commission to beresponsible for reviewing all projects and/or phases of development of the Bikeways Master Plan; and authorize Staff to activate the Bikeways Master Plan Citizens' Advisory Committee when overall plan changes or periodic plan reviews are necessary. (B5000.0)FISCAL IMP ACT: Recommended alternative would have lower administrative and staff costs due to the use of CITY COUNCIL MINUTES JANUARY 9, 1996 2. CONSENT CALENDAR (Continued) 2.11 Recommend Council appropriate $10,245 from unappropriated Measure "M" Reserves to upgrade the railroad crossing control devices from Eckhoff to La Veta. (S4OOO.S.3.3) FISCAL IMP ACT: This recommendation does not impact the City's General Fund. It is recommended that this project be funded from unappropriated Measure "M" reserves in the amount ofSlO,245 to Account No. 262- 5011-483300- 3822.ACTION: Approved.2.12 RESOLUTION NO. 8571 A Resolution of the City Council of the City of Orange denying a conditional use permit to allow dancing and live music entertainment as an accessory use upon property situated at 1988 North Tustin Street. ( C3300.0, CUP-2103- 95)Conditional Use Permit 2103-95 Suede RestaurantIBilliards ACTION: Approved.2.13 RESOLUTION NO. 8573 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and approving the General Plan Reclassification of property situated at 404 to 490 North Orange Street. (C23oo.E, GPA-1- 95)General Plan Amendment 1-95 Chapman University ACTION: Approved.2.14 Request authorization to approve a Homeowner Participation Program Grant in the amount of$217.00 and authorize the Finance Department to preparea warrant. Case No.601. (C2500.G.1.3.1)FISCAL IMP ACT: Funds have been budgeted for this purpose in Homeowner Participation Program Account No. 316- 6053-427800-1221.ACTION: Approved.REMOVED AND HEARD SEP ARATEL Y)2.15 Request Council authorize the award of Bid No. 956-17, Santa Fe Depot Park Development, to C. A. Granger Construction, Orange, CA, in the amount of$ CITY COUNCIL MINUTES JANUARY 9, 1996 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: There are sufficient funds in Account Nos. 510- 7021-485100-0971 park Development Fund) and 926-9811-485100-0971 (Redevelopment).The Community Services Manager explained that this was the third bid for the Santa Fe Depot project and it was successful. The construction period will be 90 days and will include only basic improvements to landscape and hardscape. Alternate upgrades may be considered in the future if funding permits. This is a historical park and will be low maintenance, costing approximately $ 200 per month. MOTION - Slater SECOND - Barrera AYES - Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - Murphy ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.REMOVED AND HEARD SEPARATELY)2.16 RESOLUTION NO. 8576 Resolution of the City Council of the City of Orange authorizing the execution of a Cooperation Agreement with the Orange Redevelopment Agency relating to public improvements-landscape and hardscape improvements at the Depot Park in an amount not to exceed $100,000. ( A2100.0, AGR- 2531)MOTION - Slater SECOND - Coontz AYES - Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - Murphy ACTION: Approved. 2.17 RESOLUTION NO. 8575 A Resolution of the City Council of the City of Orange designating a Redevelopment Survey Area. (R3500.0) Location: Northwest corner of Main Street and La Veta Avenue ACTION: Approved. REMOVED AND HEARD SEP ARATEL Y) 2.18 Request Council accept Comprehensive Annual Financial Report for the year ended June 30, 1995. (C2500.J.1.3) FISCAL IMPACT: None. PAGE 5 CITY COUNCIL MINUTES JANUARY 9, 1996 2. CONSENT CALENDAR (Continued) The Finance Director reported that the Comprehensive Annual Financial Report was prepared in accordance with governmental accounting standards and has been audited by KPMG Peat Marwick, the City's independent auditors. $1.1 million has been added to the General Fund balance. This report will be submitted to both state and federal awards programs. MOTION - Barrera SECOND - Spurgeon AYES - Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - Murphy ACTION: Received and filed. 2.19 RESOLUTION NO. 8535A Resolution of the City Council of the City of Orange approving an Operational Area Agreement between the County of Orange and the City of Orange for the implementation of the Standardized Emergency Management System (SEMS) regulations. (A2100.0,AGR-2532)ACTION: Approved. 2. 20 Request Council approve the recordation of Tract Map No. 15210, Sheffield Homes,located on Loma Street, south of Via Escola within the Southern California Edison property. (T4000.0, TRM-15210)FISCAL IMP ACT: None.ACTION: Approved. MOTION - Spurgeon SECOND - Barrera AYES - Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - Murphy Items 2.9, 2.15,2. 16 and 2.18 were removed and heard separately; all other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 3.REPORTS FROM MAYOR COONTZ TAPE 388 3.1 Recommendation. for Councilman Dan Slater to partIcIpate as a City of Orange representative in meetings of the Regional Advisory Planning Council (RAPe). (OR1800.0.5.2)PAGE 6 CITY COUNCIL MINUTES JANUARY 9, 1996 3. REPORTS FROM MAYOR COONTZ (Continued) Mayor Coontz explained that the Regional Advisory Planning Council (RAPe) was part of the Southern California Association of Governments (SCAG). She indicated it would be advantageous to participate in RAPC meetings in order to be kept informed of events. The City is not a member of SCAG; however non-member cities may be considered in advisory matters. MOTION SECOND AYES ABSENT Spurgeon Barrera Barrera, Mayor Coontz, Spurgeon, Slater Murphy Moved to appoint Councilman Dan Slater to participate as the City's representative in meetings of the Regional Advisory Planning Council (RAPe).4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 419 5.1 Appointment of Richard Cavecche to the Design Review Board, term to expire January 31,2000. (ORI800. 0.8.1)Mayor Coontz explained that this vacancy occurred in September 1995. It was advertised and one application was received. Mr. Cavecche has been interviewed by the Council and meets requirements for the Design Review Board.MOTION SECOND AYES ABSENT Approved. Coontz Slater Barrera, Mayor Coontz, Spurgeon, Slater Murphy Councilman Spurgeon requested clarification of restrictions concerning review of six or less units by the Design Review Board. The Community Development Director will present a report at the January 23rd Council meeting concerning restrictions and changes affecting the board. The scope of the Design Review Board has been limited to large projects and those in special design areas.6.ADMINISTRATIVE REPORTS TAPE 539 6. 1 Treasurer's Report for November, 1995. (C2500.F)The Finance Director explained the total investments were $108,586,931 and were in compliance with the Government Code and the City's investment policy. Staff meets montWy with the City Treasurer and the Investment Advisory Committee. The City currently has $4.5 miIlion in LAlF.Mayor Coontz extended appreciation for the Investment Advisory Committee's work.PAGE 7 CITY COUNCIL MINUTES JANUARY 9, 1996 6. ADMINISTRATIVE REPORTS (Continued) Councilman Spurgeon inquired about recruitment of an investment manager. The Finance Director indicated Personnel is developing a job description. The City Manager indicated that Council will be provided with information and will be asked for direction concerning the issues of Revenue Manager, Fiscal Advisor and City Treasurer. MOTION SECOND AYES ABSENT Coontz Spurgeon Barrera, Mayor Coontz, Spurgeon, Slater Murphy Received and filed. 6.2 Report by the City Attorney concerning a draft ordinance for the November, 1996 ballot measure relating to Mayor and City Council member term limits. (C2500.D)The City Attorney reported that a draft ordinance has been prepared establishing term limits for the offices of Mayor and City Council. In accordance with State law, term limits must be adopted by majority vote and apply prospectively. The draft ordinance is consistent with the advisory ballot measure approved in 1992. City Council terms would be limited to two consecutive four-year terms and the Mayor to three consecutive two-year terms. The offices of Mayor and City Council are treated separately permitting up to six years as Mayor immediately preceded or followed by up to eight years as a City Councilmember. Following eight consecutive years as a Councilmember and/ or sixconsecutive years as Mayor, the ordinance would require a two-year gap between periods off service. It would not permit switching back and forth between offices when the total service combined exceeds eight years in office. Calculation for years of service would be two years or longer. If approved, the ordinance would start with the terms of office commencing in November 1996.Councilman Spurgeon felt wording should be kept as simple as possible.MOTION SECOND AYES ABSENT Spurgeon Barrera Barrera, Mayor Coontz, Spurgeon, Slater Murphy Moved to direct the City Attorney to prepare a resolution to place this issue on the November 1996 ballot.6.3 Report from the Director of Community Development regarding a request from property owners on Old Orchard Lane to implement a moratorium for 45 days on issuing building permits for two-story construction on Old Orchard Lane. (C2500.G)The Community Development Director explained that Old Orchard Lane is a private road servicing six homes. This road and surrounding areas were part ofa zoning study in 1981 PAGE 8 CITY COUNCIL MINUTES JANUARY 9, 1996 6. ADMINISTRATIVE REPORTS (Continued) addressing the height issue and are zoned for two-story structures. The resident at 968 Old Orchard Lane has submitted a plan for a two-story room addition and neighbors have submitted a petition in opposition requesting Council intervention. The Council may adopt an urgency ordinance for 45 days in order to study the issue; issuance of applicable permits during that period would be prohibited. A public hearing process would be required to change zoning and require a height restriction.Councilman Spurgeon asked if the issue could be handled within 30 days. The City Attorney explained that state law allows for 45 days on an urgency ordinance, but Council could direct a shorter period. The Community Development Director responded that information could be submitted to the Council within 30 days.Mayor Coontz recognized the following speakers:Robert Smith, 968 N Old Orchard Ln., Property Owner, explained that the property was purchased with the intent to build an addition so his mother could move in. Delay would cause a hardship as she is living in her motorhome. Problems were not anticipated because the property is zoned for two stories.Dana Lil/and, 990 Old Orchard Ln., explained that three years ago he tried to build a second story addition with a Conditional Use Permit and was denied by the Planning Commission. The same residents opposed his addition. He felt the height restriction issue should have been pursued at that time.Council discussion ensued regarding the following: allow 30 days to study the issue because of personal hardship and past confusion with the issue; height restriction should have been pursued by neighbors three years ago; zoning code allows for two stories; design should be sensitive to neighbors; possibility of owner waiting 30 days to pull permits to allow research of past history and options available; and review of design plans. MOTION SECOND AYES ABSENT Slater Spurgeon Barrera, Mayor Coontz, Spurgeon, Slater Murphy Moved to allow the property owner at 968 Old Orchard Lane to build a two-story addition. 7.REPORTS FROM CITY MANAGER TAPE 1698 7.1 Update on the Orange County Investment Pool. The City Manager reported that Patrick Shea, attorney for the Orange County Investment Pool participants, has requested execution of a pool participation agreement. The agreement is not effective until all participants have signed and then it will go to the bankruptcy judge. The City PAGE S CITY COUNCIL MINUTES JANUARY 9, 1996 7. REPORTS FROM CITY MANAGER (Continued) Manager was directed to submit the agreement for Council consideration at the meeting of January 23, 1996. Note: Councilman Murphy arrived at 5:40 p.m. 8.LEGAL AFFAIRS TAPE 1818 8.1 ORDINANCE NO. 23- 95 An Ordinance of the City Council of the City of Orange amending Chapter 13.80 of the Orange Municipal Code relating to the regulation of cable television franchises. (A2500. 0) MOTION SECOND AYES Spurgeon Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 23-95 have second reading waived and be adopted, and same was passed and adopted by the preceding vote. Mayor Coontz indicated she was displeased with many aspects of the cable service. The Council can execute fines against Cablevision for service; however, there is no way to systematically track deficiencies. A procedure is needed to monitor customer service standards. The City Manager indicated a policy will be developed and submitted to Council for review in February. MOTION - Coontz SECOND - Slater AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to request the City Manager to direct staff to develop an administrative procedure for customer service standards requirements.8.2 ORDINANCE NO. 1-96 An Ordinance of the City Council of the City of Orange amending the Chapman College Specific Plan. (C2300. E,ORD-I-96) MOTION SECOND AYES Barrera Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 1-96 have first reading waived and same was set for second reading by the preceding vote.8. 3 ORDINANCE NO. 2-96 PAGE 10 CITY COUNCIL MINUTES JANUARY 9, 1996 8. LEGAL AFFAIRS (Continued) An Ordinance of the City Council of the City of Orange amending Section 17.06.020 of the Orange Municipal Code and approving the reclassification of property situated at 404, 420, 428 and 444-460 N. Orange Street. (A2500.0, ZCG-1175-95) Zone Change 1175- 95 Chapman University MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 2-96 have first reading waived and same was set for second reading by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.ORAL PRESENTATIONS TAPE 2028 Sandy Garcia, 4625 E. Walnut Avenue, expressed concern regarding the public works project on Walnut AvenuelHewes, 100 feet west ofHarn1in Street for drain coverage, curbs, gutters and sidewalks. The sidewalk will have an environmental impact as it will dead- end into her property.The Public Works Director responded that the City must proceed with the drain; however, the sidewalk can be deferred temporarily. Ultimately, the sidewalk will need to be installed because of public safety issues. Mayor Coontz instructed the Directors of Public Works and Community Development to handle this issue administratively.Barbara DeNiro, 1118 E. Adams, submitted pictures and read comments concerning a recent police chase in the City on January 5 and its impact to her neighborhood. She requested to met with the Police Chief and Acting Fire Chief concerning the incident. Ms. DeNrro also complained her street had not been swept for two weeks. Mayor Coontz indicated that the City Manager would handle all questions and concerns.Carole Walters, 534 N Shaffer St., asked if Mr. Cavecche (appointed to Design Review Board)was associated with Old Towne Preservation Association. She felt a neutral person should have been appointed. Mayor Coontz reiterated that only one qualified applicant responded to advertising. At present staff is having difficulty filling the requirement of a landscape architect member as required by City ordinance.11. RECESS The City Council recessed at 6: 10 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54956. CITY COUNCIL MINUTES JANUARY 9, 1996 n. RECESS (Continued) City of Orange vs. James Daum, et aI., Orange County Superior Court Case No. 73- 86-30.REMOVED FROM THE AGENDA) b. Conference with Legal Counsel - anticipated litigation.Initiation of litigation pursuant to Government Code Section 54956.9(c) (one potential case).c. Conference with Labor Negotiator pursuant to Government Code Section 54957. 6:City Negotiator: Personnel Director.Employee Organization: All Employee Organizations (List Available in Personnel Office).d. Scheduled performance evaluation: Interim City Manager e. 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.MOTION - Murphy SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater 7:00 P.M. SESSION The City Council reconvened at 7:20 p.m.12.1 INVOCATION Reverend Bob Stempson, North Orange Christian Church 12.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Joanne Coontz 12.3 ANNOUNCEMENTS - None 12.4 INTRODUcnONS - None 12.5 PROCLAMATIONS - None 12.6 PRESENTATIONS Presentation of Resolution No. 8564 to Curt McMillan of the Orange Police Department and commending him for more than 21 years of service to the City of Orange.PAGE 12 CITY COUNCIL MINUTES 13. PUBLIC HEARINGS JANUARY 9,1996 13.1 ASSESSMENT DISTRICT 95-1, SYCAMORE CROSSING TAPE 2813 Time set for a public hearing on petition by the City of Orange to consider the formation of an Assessment District to levy an assessment upon the properties within the District to finance a portion of the public improvements. District is generally located westerly of the intersection of Tustin Street and La Veta Avenue. (Tll00.0.1, ASD-95-1)Mayor Coontz stated that this was the second public hearing relating to the proceedings of Assessment District 95-1, Sycamore Crossing.The City Clerk stated that the notices of public hearing were mailed to property owners within the district and the proposed boundary map was filed in the office of the County Recorder.The Public Works Director stated that the purpose of the hearing is to hear public testimony with respect to the formation of the district, the confirmation of the assessments and the ordering of the improvements to be made. The district will encompass 160 condominiums under construction by Van Daele Development.MAYOR COONTZ OPENED THE PUBLIC HEARING.AS THERE WERE NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.RESOLUTION NO. 8568 A Resolution of the City Council of the City of Orange confirming the assessment, ordering the improvements made, together with appurtenances, and 8pproving the Engineer' s Report.MOTION SECOND AYES Spurgeon Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Resolution No. 8568 as introduced be adopted, and same was passed and adopted by the preceding vote.13.2 APPEAL NO. 427, CONDmONAL USE PERMIT 2127-95, VARIANCE NO.2002-95, ENTERPRISE RENT-A-CAR: TAPE 2904 Time set for a public hearing on petition by Enterprise Rent-A-Car to appeal the Planning Commission's denial on November 6, 1995 of Conditional Use Permit 2127-95 and Variance 2002-95. The request for conditional use Permit is to allow the establishment of a used-car sales facility. The variance request is to allow waiver of code requirements for front setback dimension, indoor showroom area and service facility. The site is located at 1925 N. Tustin Street. (A4000.0, APP-427)NOTE: Negative Declaration 1483- 95 has CITY COUNCIL MINUTES JANUARY 9, 1996 13. PUBLIC HEARINGS (Continued) THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL: Enterprise Car Sales has spent a great deal of time researching Orange County to locate our car sales facility. We are confident our car sale operation will be successful while providing a unique opportunity to the community in fulfilling their automotive needs. Several issues were raised by the Orange Glenn Villas Association regarding Enterprise developing this site. We have met with the Association to better understand their concerns. After addressing their concerns they now recognize that Enterprise will be a good neighbor, are confident that traffic will be minimal, and realize that the aesthetics of this site will be significantly improved. We are eager to become a member of your community and appreciate your consideration. " The Community Development Director described the property and surrounding area. This development will not have prescribed facilities required of auto sales facilities, such as an indoor showroom or repair facility. The front setback is requested to be reduced from 15 feet to 5 feet in landscaping. Referring to the site plan, the Director indicated this was a sma1I site as compared to other auto dealerships and will contain an office building of3,500 square feet with perimeter landscaping, primary access from Tustin Avenue and one secondary access on the north from an easement. The easement allows access to a condominium development located east of the site. There will be a 6-foot see-through fence along the easement with one gate used for limited access.The Planning Commission felt this was not the best use for the site and denied the project;however, a list of conditions was developed if the project were to be approved. The applicant has advised that discussions were held with the Orange Glenn Villas condominium association regarding concerns and most issues have been resolved.Council discussion ensued regarding the following: the legal right of the property owner as it related to condominium access using the easement; the location of the gate; planters along the perimeter; requirement of the Design Review Board for palm trees; and reasons for denial by the Planning Commission. Applicant Presentation:Tom MacDonald, Enterprise Rent-A-Car. 17210 S. Main St., Carson, stated the company had done extensive research to chose a site. Much of their business comes from local credit unions and many people from this area are serviced at their Huntington Beach location. This site was convenient and was chosen because of population and demographics. Enterprise does not service cars and their hours are 9:00 a.m. to 7:30 p.m., closed on Sunday. Traffic is anticipated to be approximately 10 customers per day by referral. The project will be an asset to the community because a lot of sales tax is generated without associated traffic. There will be no flags or banners used at the facility and only current model vehicles will be sold. Enterprise is the largest rent-a-car company in the nation and the goal is to provide the highest level of customer service and have a professional image. Mr. MacDonald stated that issues relative to the condominiums are related to individual owners, not the association. Residents have requested a block CITY COUNCIL MINUTES JANUARY 9, 1996 13. PUBLIC HEARINGS (Continued) easement; however, a wrought iron fence was proposed for aesthetics and to elirninate any graffiti problem. MAYOR COONTZ OPENED THE PUBLIC HEARING. The following spoke in favor: Kymm Lester, 1941 N Tustin, #3, would welcome Enterprise establishing business at the location; however, would like a 6-foot block wall on the north along the easement and the ingress and egress gate limited to one access at least 50 feet from Tustin Avenue.Speaking in opposition:Steve Pierce, 1941 N Tustin, #10, requested a 30-day continuance because ofa letter received on January 5 by the condominium association members advising they seek legal counsel. The letter was sent by Lloyd Copenbarger, Trustee for the Hazel I. Maag Trust, the owner of the property in question. A copy was submitted to the Council.Nancy Pierce, 1941 N Tustin, #10, reiterated concerns expressed by the Planning Commission.She requested a block wall to separate the properties and that it be fireproof to protect their garages. Other concerns were declining properties values, overburdening the access driveway,aesthetics, security and maintenance. The Planning Commission found that the proposed use of the site would cause deterioration and have a negative effect on the community plan. She read portions of the letter sent from the Hazel Maag Trust stating it was threatening.MAYOR COONTZ CLOSED THE PUBLIC HEARING.For clarification regarding the easement, the City Attorney indicated that during litigation in the 80's, CC&R's were developed outlining the permitted use of the easement. It is non-exclusive for use of the property owner and condominium owners. The property owner may remove any unauthorized improvements. The condominium association is responsible for maintenance and repair of the easement. They may not object to any lawful use of the property and must indemnifY the property owner for any claims as the result of use of the easement. There may have been a misunderstanding about the rights between the property owner and the condominium owners.Jamie Banfie/d, 3 Hutton Center Drive, Ste. 810, Santa Ana, Attomeyfor Haze/Moog Trust,agreed with the City Attorney's comments and explained that the easement is for the mutual use and enjoyment of both the property owner and the condominium association. At the Planning Commission hearing, the residents of the condominium project referred to the easement as a private driveway, which is incorrect. The property owner has the right to access and use the easement. With regard to the letter, the trustee has an obligation to enforce the CC&R' s and was merely alerting the condominium owners of the provisions. Relative to the block wall, it would be more aesthetic to have an open type fence; graffiti would not be a problem; and it would be difficult to access the driveway with a solid block wall.Councilmembers expressed the following: a reservation that sales were used cars but because of the caliber of Enterprise it was a good use for the site; the Design Review Board and CITY COUNCIL MINUTES JANUARY 9, 1996 13. PUBLIC HEARINGS (Continued) Commission decisions were sound; the wall should be non-climbable and see-through; a block wall would present a graffiti problem; a see-through wall would present better security; concern about birds nesting in the palm trees; the number and location of palm trees throughout the parking lot; and no parking on Tustin Avenue at that site. MOTION SECOND AYES Slater Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Approved Negative Declaration 1483-95 as it meets the requirements of the California Environmental Quality Act and there is no substantial evidence that the project will have a significant effect on the environment or wildlife resources. MOTION SECOND AYES Slater Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Approved Conditional Use Permit 2127-95 and Variance No. 2002-95, Enterprise Rent-A- Car, to include conditions as recommended by the Planning Commission and conditions contained in the staff report to the Planning Commission.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS Shannon Tucker, 556 E. Culver, President of Old Towne Preservation Association, presented Councilmembers with the association's 1996 calendar.Carole Walters, 534 N. Shaffer St., expressed concern relative to a dangerous situation ofingress and egress because of a mobile home in Space 173 which is located next to the street at the mobile home park behind Target. Mayor Coontz instructed Code Enforcement to investigate.16. ADJOURNMENT MOTION SECOND AYES Spurgeon Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council adjourned at 8:20 p.m.r! t44/t4f~~ (!~4 CASSANDRA J. ATHCART, CMC CITY CLERK PAGE 16