01-18-1994 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
JANUARY 18, 1994
The City Council of the City of Orange, California convened on January 18, 1994 at 3:00 P.M. inaRegularMeetingintheCouncilChambers, 300 E. Chapman Avenue, Orange, California.
3:00 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ABSENT - None NOTE: Mayor
Beyer was absent from the 7:00 P.M. Session.1.3
APPROVAL OF MINUTES - None 1.4 PRESENTATIONS/
ANNOUNCEMENTS! INTRODUCI'IONS _ None 1.5 PROCLAMATIONS _
None 2.CONSENT CALENDAR
TAPE 55 2.
1 Declaration
of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting ofJanuary18, 1994, at Orange Civic Center, Main Library, Police facility at 1107 NorthBataviaandtheEisenhowerParkBulletinBoard; all of said locations being in the CityofOrangeandfreelyaccessibletomembersofthepublicatleast72hoursbeforecommencementofsaidregularmeeting.ACTION: Accepted Declaration
of Agenda Posting and authorized its retention as a public record intheOfficeoftheCityClerk.2.2 Approve
agreement to allow development and dedication of a public park. (Location:adjacent to ViaEscolabetweenMeatsAvenueandLomaStreet-Pacific Ridge Partners.)A2100.0.Agr.2181)FISCAL IMPACT:
None ACTION: Authorized
Mayor and City Clerk to execute the agreement on behalf of the City.2.3
Request Council award a contract in the amount of $94,977.60 to Damon Construction for WheelchairAccessRampImprovementsatvariouslocations. Bid #934-11; S.P. 3077.A2100.0.Agr.2182)FISCAL
IMPACT: $94,977.60 is budgeted in Community Development Block Grant _ADAImprovementFundsforthisproject.PAGE
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CITY COUNCIL MINUTES JANUARY 18, 1994
2 CONSENT CALENDAR (Continuecl)
ACTION: Authorized the Mayor and City Clerk to execute agreement on behalf of theCity.
2.4 CLAIMS FOR DAMAGES FROM:
Eileen Lawrence
C. W. Moss Auto Parts
FISCAL IMPACT: None.
ACTION: Denied claims and referred to City Attorney and Adjuster.
2.5 Request Council approve contract for purchase and installation of a managementinformationsystemandrelatedservicesbetweentheciticsofAnaheim, Fullerton, GardenGrove, and Orange (North Net) and Keystone Information Systems, Inc.A2100.0.Agr.2183)
FISCAL IMPACT: No additional impact. Funds for this were approved by Council onDecember21, 1993.
ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.
2.6 Approval of fiscal year 1993-94 appropriations request. (C2500.J.l.
l)FISCAL IMPACT: $617,461.
00.ACTION:
Approved.MOTION - Spurgeon
SECOND - Murphy AYES -
Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy All items
on the Consent Calendar were approved as recommended.END OF
CONSENT CALENDAR 3.REPORTS
FROM
MAYOR BEYER TAPE 72 3.1 Status
report from Mayor Beyer on El Toro Marine Base reuse.Mayor Beyer commented
there was nothing to report at this time.4. REPORTS FROM
COUNClLMEMBERS _ None Page 2 I
CITY COUNCIL MINUTES JANUARY 18, 1994
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6.
ADMINISTRATIVE REPORTS - None 7.REPORTS
FROM CITY MANAGER TAPE 95 7.1
Report from the City Manager regardint tbe Contract Fire Services in Orange County History and
Analysis. (Continued from 12/14, 21, 1993 and 1/11/94) (C2500.H)The City Manager
commented there was no specific recommendation that accompanies this report. However, if
Council wishes to accept a proposal from the County Fire Services, based on current price data,
it was suggested action be deferred until July of 1994 when their new budget will be in
effect. At that time this proposal would represent the costs which they will otherwise have to provide
in a revision of anything that is now done.Bob Bennyhoff, 10642
Morada Dr., commented Council should slow down to see what will happen to the
JP A controlled by the cities involved.Carole Walters, 534
N. Shaffer, commented this study was requested last summer and it is important the citizens
see the report.Council discussed the
benefits of waiting until the exact data is available. It was suggested that the cities involved
in the JP A be monitored. However it was also brought up that a working document could be
drafted and figures updated when they are ready.The City Manager
was unsure how the $15,000 would apply to a new proposal.MOTION SECOND AYES
Murphy
Spurgeon
Spurgeon,
Barrera,
Mayor Beyer,
Coontz, Murphy Moved to uphold the City
Manager's recommendation to defer this item for a status report on July 26,1994.8.LEGAL AFFAmS
TAPE 357
8.1 ORDINANCE NO. 1-
94 An Ordinance of the
City Council of the City of Orange amending Section 10.34.060 F. of the Orange Municipal Code regarding
prohibited parking oftrucband similar vehicles. (A2500.0)MOTION SECOND AYES Coontz
Murphy
Spurgeon,
Barrera,
Mayor Beyer,
Coontz,
Murphy That Ordinance No. 1-94 have
second reading waived and be adopted and same was passed and adopted by the preceding vote.
Page 3
CITY COUNCIL MINUTES JANUARY 18, 1994
8. LEGAL AFFAIRS (CoDtinaed)
8.2 ORDINANCE NO. 2-
94 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 on the
southeast corner of Palm Avenue and Bixby Avenue. (ZlSOO.
O)
Pre-Zone Change
1165-93 Applicants: Linda and
John
Graves
MOTION
SECOND AYES
Barrera Spurgeon
Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That
Ordinance No. 2-94 have second reading waived and be adopted and same was passed and
adopted by the preceding vote.
8.3 RESOLUTION NO. 8291
A Resolution of the City Council of the City of Orange expressing its commitment to strictly limit
expenditures of funds provided by Proposition 172. for public safety purposes only and to use such
funds to expand the existing level of public safety sorvicesto the citizens of the City of Orange.
C2500.D.5)
The City Attorney reported the resolution has been changed to include use of the funds to expand,
with emphasis on the word .expand, to extend public safety services to citizens of Orange beyond
the existing level.
MOTION
SECOND
AYES
Barrera Coontz
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy That Resolution No.
8291 as introduced be adopted and same was passed and adopted by the preceding vote.9.
RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS
Shannon Tucker, 556
E. Culver, member of the Board of Directors of Old Towne Preservation Association, presented Councilmembers
and the City Clerk a gift of their new logo pin.Page 4 I
CITY COUNCIL MINUTES JANUARY 18, 1994
10. ORAL PRESENTATIONS (Continued)
FINGERPRINTING PROGRAM FOR. CHILDREN
Carole Walters, 534 N. Shaffer, remarked she had received calls from residents upset at the newfingerprintingfeeof $3.00 by the Police Department for children. It was suggested the fee beloweredto $1.00 because many residents could not afford the new fee.
Police Captain Walsh explained the budget procedures and related costs.
Mayor Beyer reported he and Mayor pro tern Barrera would bring up this issue at the nextCities/Schools Committee meeting for discussion.
The Police Department was instructed to return to Council in one week to prowde alternativesandmodificationsoftheprogram.
ZONING CODE UPDATE
Bob Bennyhoff, 10642 Morada Dr., asked the status of the Zoning Code.
The Director of Community Development reported the Planning Commission requested a 30 dayreviewperiodbeginningFebruarywithapublichearingthebeginningofMarch. The draftincludesOldTowneandwillbemadeavailabletothepublic. There are 110 study sessionsplanned.
PUBLIC HEARING - TAIT AND ASSOCIATES, CUP 2028-93
The City Attorney reported it would not be legally appropriate for Mayor Beyer to participate intonight's continued public hearing regarding CUP 2028-93, unless he reviewed the entirerecord.Mayor Beyer announced he would not attend the 7:00 P.M.
Session.Councilwoman Coontz requested the past minutes for the public
hearing.11.
RECESS The City Council recessed at 3 :35 P.M. to a Closed Session for the following
purposes:a. To confer with its attorney regarding pending litigation pursuant to Government CodeSection54956.9(a), to
wit:City of Onnge VI. Refco Securities, Inc., NASD Arbitration No.
92-03685 Freedom Newspapen Ine., VI City of Orange, et aL Orange County Superior CourtCase
No.71-79-44 b. To confer with its attorney to decide whether to initiatelitigationpursuanttoGovernmentCode
Section
54956.
CITY COUNCIL MINUTES JANUARY 18, 1994
11. RECESS (Continued)
c. To meet and give directions to its authorized representative regarding labor relations matters
pursuant to Governrnent Code Section 54957.6.
d. To confer with its attorney regarding potential litigation pursuant to Governrnent Code
Section 54956.9(b)(1).
r"'
e. To consider and take possible action upon personnel matters pursuant to Government Code
Section 54957.
NOTE: The City Attorney deleted Item f.
g. To consider and take possible action upon such other matters as are orally
announced by the City Attorney, City Manager or City Council prior to such recess,
unless the motion to recess indicates any of the matters will not be considered in Oosed
Session.
7:00 P.M. SESSION
12. INVOCATION
Virginia Irwin, Rector, Trinity Episcopal Church
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG - Led by the City Clerk 12.
2 ANNOUNCEMENTS Mayor
pro tern announced the City Council has unanimously approved a one month extension
of Interim City Manager, Bill Cornett's contract through February 28, 1994.12.
3 INTRODUCTIONS - None 12.4
PROCLAMATIONS The following
proclamations were presented to honor local stores for their generosity during the
recent firestorm.a. Lucky'
s Supermarkets, Fred Lewis, Store Manager. - Present b. Olive Garden
Restaurants, Steve Hansen, General Manager. - Present c. Marie Callender's
Restaurants, Bob Beckman, General Manager. - Absent 12.5 PRESENTATIONS - None Page
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CITY COUNCIL MINUTES JANUARY 18,1994
13. PUBLIC HEARINGS TAPE 1322
13.1 CONDmONAL USE PERMIT 2028-93, TAIT & ASSOCIATES (FOR
THRIFTY OIL): (C3300.
0)The public hearing on petition by Tait & Associates (for Thrifty Oil) to consider Conditional
Use Permit 2028-93, a request to sell beer and wine within the retail sales area of
an existing automotive service station has been continued from November 16 and December 21,
1993 to
this time.The property is zoned C- TR (Commercial-Tustin Redevelopment District),
and the off-premise sale of beer and wine in conjunction with the sale of motor fuel is allowed
subject to the issuance of a conditional use permit. Subject property is located at the southeast
comer of Tustin Street and Heim Avenue (
2493 N. Tustin St.).NOTE: This project is categorically exempt from the provisions
of the California Environmental Quality Act per
CEQA Guidelines Section 15301.The
public hearing is
open.Speaking in favor:Richard Tait, Tait & Associates, 800 N. Eckhofl: Orange, representing
Thrifty Oil, submitted for the record petitions with over 700 signatures in favor of Thrifty Oil Stations
selling beer and wine.A meeting was held with the condo-owners and they unanimously
opposed the construction of a security gate, thus the offer was rescinded. Mr. Tait further
commented they concur with all conditions
outlined by the planning staff.The following people spoke in opposition, and expressed
their concerns regarding children's safety,
increase in transients and crime:Deborah
House, 1800 E. Heim #27 Elaine
Nelson, 1800 E. Heim #21 Jim Brandon, 1800 E. Heim #2-
Douglas Elms, 1800 E. Heim #
18 Darryl Harper, 1800 E. Heim
Sandra McAuley, 1800 E. Heim #70
Steve Pritt, 1800 E. Heim #33
Janiece Correa, 1800 E. Heim #24 The City Attorney was asked to give the following
comments: "There are certain limitations set on Council for purposes of this hearing and are found in
State statutes and local ordinances. Prior to 1987, Councils all over the State could prohibit the off-
sale of beer and wine permits at services stations. However, in 1987, the State legislature passed
a law which says where there is a zoning ordinance that allows motor vehicle fuel and
off-sale beer and wine retailed at separate locations, the cities cannot prohibit the sale of beer
and wine at
a business
selling
CITY COUNCIL MINUTES JANUARY 18,1994
13. PUBLIC HEARINGS (Continued)
The City can still provide for a required CUP based on certain conditions and considerations. The
State Alcoholic Beverage Control has different standards from the City. The City's is based on
land use, theirs is based on other standards as far as a denial or granting of a permit, The social
issues were mentioned and the courts are telling us that the social issues cannot be considered,
such as the opportunity to drink and drive or immediately consume the alcohol as soon as you get
in your car. So, it is my opinion, based on these court decisions, those are not relevant to this
particular hearing, The standards are set forth in the ordinance and read as follows: Whether the
proposed use will adversely affect the welfare of the surrounding community or will result in an
undue concentration of premises for the sale of alcoholic beverages including beer and wine either
in the City or in the area involved.
The other specific standard would be whether the proposed use will detrimentally affect nearby
residentially zoned districts after giving consideration to the proposed hours of operation and the
proximity to either residential buildings, churches, schools, hospitals, public playgrounds, and
similar uses or other establishments dispensing alcoholic beverages. The City Attorney
commented he did not believe churches, schools or hospitals were in this location. The relevant
issue is residential buildings.
The key issue for Council to consider is whether the evidence and findings are adequate to
support whatever Council's decision is, whether it is granted or denied, there would have to be
certain findings to support the decision with credible evidence,
Council discussed the importance of making a decision on accurate facts, The ABC is where the
social issues need to be discussed. There needs to be additional information from staff based on a
finding that would adversely affect the community, undue concentration or detrimental affect of
surrounding uses, which are the only areas a CUP can be approved or denied. The Community
Development Director, City Attorney and Police Chief should have a meeting to discuss the issue.
THE PUBLIC HEARING WILL REMAIN OPEN,
MOTION
SECOND
AYES
ABSENT
Coontz Spurgeon
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer Moved
to continue this
application and the decision to February 15,1994,7:00 P,M. Session,with direction to the
staff and request the City Manager to require all departments involved to prepare to answer questions
regarding criteria needed for required findings in the event Council voted to deny the
application or appropriate conditions to impose in the event Council voted to approve the application,Mayor
pro tem Barrera
stated: "We hope to come up with enough information to make a fair decision on this. "Page
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CITY COUNCIL MINUTES JANUARY 18,1994
13. PUBLIC HEARINGS (Continued)
Note: It was requested that all past materials be provided to Council for their information on this
subject.
Janiece Correa, 1800 E. Heim #24, commented if Council has no choice but to grant the CUP,
can the residents ask for conditions.
Councilwoman Coontz announced that all requirements of the residents should be submitted to
the City Clerk's Office before February 15, 1994 Council meeting for review.
14. PLANNING AND ENVIRONMENT - None 15.
ORAL PRESENTATIONS - None 16. ADJOURNMENT
MOTION SECOND
AYES
ABSENT
Murphy
Barrera
Spurgeon,
Barrera, Coontz,
Murphy Mayor Beyer The City
Council adjourned at
7:55 P.M.S~C~~CITY CLERK GENE
BEYER GENE
BEYER MAYOR
BYt9Leq~~FRED .
BARRERA MAYOR
PRO
TEMPage 9
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