Loading...
02-15-1994 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA FEBRUARY 15,1994 The City Council of the City of Orange, California convened at 3:00 P.M. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 3:00 P.M. SESSION 1. OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - Barrera, Coontz, Murphy ABSENT - Spurgeon, Mayor Beyer NOTE: Councilman Spurgeon was present for the 7:00 P.M. Session.1.3 APPROVAL OF MINUTES - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The following three individuals were recognized for their support of the YMCA: Gene Hernandez, Rich Alarcon and Edith Salkoff.1.5 PROCLAMATIONS A proclamation was presented honoring Dorothy Buckley, Police Department Volunteer,on her retirement. A proclamation was presented to Steve Everett, General Manager of Cablevision of Orange, in appreciation of his services provided to the City as he and his family are relocating out of the State. Mrs. Everett accepted the proclamation on his behalf 2.CONSENT CALENDAR TAPE 413 2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of February 15, 1994, at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.2.2 Request Council award a contract in the amount of $126,910.22 to Excel Paving Company for the Maple Avenue storm drain from Batavia Street to OCTA right-of-way;Bid No. 934-15; D-112. (A2100.0.Agr. 2191)FISCAL IMPACT: $229,809.00 has been budgeted in Community Development Block Grant funds for this project.PAGE CITY COUNCIL MINUTES FEBRUARY 15, 1994 2. CONSENT CALENDAR (Continued) ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. 2.3 Approve amendment to fiscal year 1993/94 budget adding a Field Maintenance Worker II Position Control #766). (C2500.N) FISCAL IMP ACT: Additional appropriation of $8,951.25 is required in Fund 210- 7028-411102 for salary and benefits.ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.4 Request Council authorize the appropriation of $5,393.52 to Account 210-7011-443800-1501 from entry fees carried in Account 210- 7011-275300-1501. These funds are Corporate Challenge entry fees for the express purpose of paying Corporate Challenge expenses. (C2500.N)FISCAL IMPACT: None.Carole Walters, 534 N. Shaffer, requested information on where the money comes from?The Community Services Manager reported the funds do not come from the General Fund. The source of the monies are donations from corporations. MOTION - Murphy SECOND - Barrera AYES - Barrera, Coontz, Murphy ABSENT - Spurgeon, Mayor Beyer ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.5 Request Council approve Compromise Agreement and Release with Orange Park Acres Limited (formerly known as Southwest Diversified, Inc.) relating to conditions imposed on Vesting Tentative Tract Map 13833. (A2100.0. Agr.2192)FISCAL IMPACT: None.Bob Bennyhoff, 10642 Morada Dr., commented the Orange Park Acres Committee is supposed to review everything. At their meeting several months ago the walls were discussed and it is not in the agreement.The City Attorney indicated the agreement is the outgrowth of a legal dispute with Orange Park Acres Limited. In order to avoid litigation it was recommended Council enter into this settlement which would protect the tree line, a major concern of the neighbors. This CITY COUNCIL MINUTES FEBRUARY 15, 1994 2. CONSENT CALENDAR (Continued) will ensure design conformity of the wall that would be built along the north edge. The City has been informed by Orange Park Acres Limited that there is a buyer ready to move in and there is a sense of urgency. Mr. Bennyhoff commented he would withdraw his question, however, would appreciate in the future to let him know when changes occur. MOTION - Coontz SECOND - Murphy AYES - Barrera, Coontz, Murphy ABSENT - Spurgeon, Mayor Beyer ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.2.6 Request Council authorize the Police Department to charge other police agencies for the services of its Crisis Intervention Counsellor. (C2500.K)FISCAL IMPACT: None. This is a revenue-producing program.ACTION: Approved.MOTION - Barrera SECOND - Murphy AYES - Barrera, Coontz, Murphy ABSENT - Spurgeon, Mayor Beyer Items 2. 4 and 2.5 were removed andheard separately; all remaining items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER - None 4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 791 5.1 DRB Appeal No. 1-93; DRB 2931, " Good Nite Inn" - an appeal of the Design Review Board's conditions of approval for two proposed " directional" signs, and denial of a third. (A4000.0.)The Director of Community Development reported the Good Nite Inn is located at 101 N. State College Boulevard, between Chapman Avenue and Rampart Street. The owners have proposed to install three directional signs that include the Good Nite Inn logo. The Design Review Board Page 3 CITY COUNCIL MINUTES FEBRUARY 15,1994 5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued) reviewed the proposals and questioned the need to include the Good Nite Inn advertising message on the directional sign and requested the Good Nite Inn wording be deleted from the sign. Additionally, the applicant was requesting three signs on the parcel, one at each of the two driveways and a third at the intersection of Chapman Avenue and Rampart Street. The Design Review Board believed it was not appropriate to include the third sign at the public street intersection and denied that portion of the request. Council commented this is a difficult site to find because of the intersection of the streets. Businesses need every sign they can get. Council asked the status on their request that sign appeals go through the Planning Commission. The Director of Community Development commented the sign appeal process was part of the Zoning Code Update which is now in the public hearing stage and will be before Council shortly. MOTION SECOND AYES ABSENT Coontz Barrera Barrera, Coontz, Murphy Spurgeon, Mayor Beyer Moved to uphold the Design Review Board appeal for the reasons indicated.6.ADMINISTRATIVE REPORTS TAPE 1028 6.1 Request Council take action to delete Orange Municipal Code Section 15.36.030 and that portion of Section 15.36.020 starting with Subsection (I) of Section 1603 entitled Restrictions in High Hazard Areas" and adopt a new section to require all future roof covering installations within the City to comply with U.L.listing requirements for Class A" roofing. (A2500.0) The Assistant Fire Chief indicated this report is to recommend Council schedule a public hearing.The main points are the conflagrations that have occurred in the past, whether it be a wildland interface or in the inner city.Council discussed that one of the problems is that people do not understand they need a permit on roofing. There needs to be more emphasis on the public education process regarding this issue.MOTION SECOND AYES ABSENT Murphy Coontz Barrera, Coontz, Murphy Spurgeon, Mayor Beyer Moved to schedule a public hearing on the fire resistive roof covering for March 15, 1994 at 7:00 P.M.Page 4 CITY COUNCIL MINUTES FEBRUARY 15,1994 6. ADMINISTRATIVE REPORTS (Continued) 6.2 a. Request Council take action to amend all categories of monthly Sanitation and Sewer System charges set forth in Chapter 13.60 ofthe Orange Municipal Code. Also, to provide public testimony as provided for in Section 66016 of the California Government Code. (C2500.M.3) FISCAL IMP ACT: Increase in revenue to offset operating expenses for Material Recovery Facility and provide funds for a parkway tree maintenance program city-wide. (Fund 220- Sanitation. )b. Request Council approve Material Recovery Facility (M.RF.) Agreement with Orange Disposal Service, Inc. et al. to provide solid waste transfer and processing services in compliance with the Integrated Waste Management Act of 1989 and to complete the provisions of the Memorandum Of Understanding with Orange Disposal.RESOLUTION NO. 8300 A Resolution of the City Council of the City of Orange amending Section 13.60.020 and Section 13.60.030 and Section 13.60.040 of the Orange Municipal Code changing certain Sanitation and Service charges by Contractor.Council discussion: Mayor pro tern Barrera announced Mayor Beyer requested this item should be continued to February 22, 1994. The following information needs to be provided: 1. Specific information regarding the mandate on sanitation. 2. Regarding tree maintenance and weed spraying, what is a unit? Does it indicate a residential unit? 3. How will this be handled today and in the future? The transfer of the purview oflandscaping from Community Services to Public Works, what decision was made during the time the budget was being balanced? Where did the funds come from to initiate the change of one calendar year? What needs to be done in the future as to how many units there are? 4. What are the options if Council does not go through with the recommendation? .Carole Walters, 534 N. Shaffer, requested this issue be discussed at the 7:00 P.M. Session. The residents should have been notified of this item. Mrs. Walters requested a copy of all the staff reports in order for her to know all the facts.The City Manager was instructed to assist Mrs. Walters. MOTION SECOND AYES ABSENT Murphy Barrera Barrera, Coontz, Murphy Spurgeon, Mayor Beyer Moved to continue this item to the February 22, 1994 Council meeting, 7:00 P.M. Session 7. REPORTS FROM CITY MANAGER - None Page 5 CITY COUNCIL MINUTES FEBRUARY 15, 1994 8.LEGAL AFFAffiS TAPE 1453 8.1 RESOLUTION NO. 8309 A Resolution of the City Council of the City of Orange amending Resolution No. 7878 relating to the classification, compensation, and terms of employment of designated executive management, staff management, and labor confidential employees deleting the classification of Senior Assistant City Attorney and Assistant City Attorney and adding the classifications of Assistant City Attorney I at salary range 534, $5116 to $6560 and Assistant City Attorney II at salary range 544, $5377 to $6896 pursuant to reorganization of the City Attorney's Office. (C2500.B) MOTION SECOND AYES ABSENT Murphy Barrera Barrera, Coontz, Murphy Spurgeon, Mayor Beyer That Resolution No. 8309 as introduced be adopted and same was passed and adopted by the preceding vote.8. 2 RESOLUTION NO. 8310 A Resolution of the City Council of the City of Orange supporting the joining of Orange County Regional Airport Authority. ( ORI800.0.3.11)Discussion: Mayor Beyer requested this item be continued to February 22, 1994. The City Manager reported he was impressed with the concerns of the Orange County Regional Airport Authority and felt the larger cities would also be joining.MOTION SECOND AYES ABSENT Coontz Barrera Barrera, Coontz, Murphy Spurgeon, Mayor Beyer Moved to continue Resolution No. 8310 to February 22,1994,3:00 P.M. Session.8.3 ORDINANCE NO. 4-94 An Ordinance of the City Council of the City of Orange enacting the Santa Fe Depot Area Specific Plan by amending Section 17. 06.020 of the Orange Municipal Code and approving the reclassification of property located on the north and south sides of Chapman Avenue between Pixley and Olive Streets, both sides of the 100 blocks of North Cypress and Lemon Streets and the east side of the 100 block of North Pixley Street. (ZI500.0)Zone Change 1164-93 City of Orange Page 6 CITY COUNCIL MINUTES FEBRUARY 15, 1994 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES ABSENT Barrera Coontz Barrera, Coontz, Murphy Spurgeon, Mayor Beyer That Ordinance No. 4- 94 have second reading waived and be adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer St., commented that Anne Peterson, reporter for The Register,should be thanked for notifying citizens of Orange in her column that the sanitation issue was going to be continued.11. RECESS MOTION - Murphy SECOND - Coontz AYES - Barrera, Coontz, Murphy ABSENT - Spurgeon, Mayor Beyer NOTE: Councilman Spurgeon arrived at 4:25 P.M.The City Council recessed at 4:00 P.M. to a Closed Session for the following purposes:a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit:City of Orange vs. Refco Securities, Inc., NASD Arbitration No. 92-03685.City of Orange vs. Moreland & Associates, Orange County Superior Court Case No. 70-13-96.Freedom Newspapers, Inc. vs. City of Orange, Orange County Superior Court Case No. 71-79-44.Item b was deleted.c. To meet and give directions to its authorized representative regarding labor relations matters pursuant to Government Code Section 54957.6.d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9( b)(1).e. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957.Page 7 CITY COUNCIL MINUTES FEBRUARY 15,1994 11. RECESS (Continued) Item fwas deleted. g. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess, unless the motion to recess indicates any of the matters will not be considered in Closed Session. 7:00 P.M. SESSION 12. INVOCATION Pastor Bud Pearson, Orange Coast Community Church. 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS - None 12. 3 INTRODUCTIONS - None 12.4 PROCLAMATIONS - None 12.5 PRESENTATIONS - None 13.PUBLIC HEARINGS TAPE 1779 13.1 CONDITIONAL USE PERMIT 2028-93, TAIT & ASSOCIATES (FOR THRIFTY OIL): (C3300.0) The public hearing on petition by Tait & Associates (for Thrifty Oil) to consider Conditional Use Permit 2028-93, a request to sell beer and wine within the retail sales area of an existing automotive service station has been continued from November 16, 1993, December 21,1993 and January 18, 1994 to this time.The property is zoned C-TR (Commercial-Tustin Redevelopment District), and the off- premise sale of beer and wine in conjunction with the sale of motor fuel is allowed subject to the issuance of a conditional use permit. Subject property is located at the southeast corner of Tustin Street and Heim Avenue (2493 N. Tustin St.).NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act per CEQA Guidelines Section 15301.THE PUBLIC HEARING IS OPEN.The City Attorney reported the role of the cities in these instances are limited to reviewing issues involving land use compatibility. The issues of crime and accumulative effects of over-concentration have been expressed by the neighbors in this matter and are legitimate concerns and relevant to the State ABC Licensing proceedings but alone probably would not appear to be adequate justification for denial of a conditional use permit application.Page CITY COUNCIL MINUTES FEBRUARY 15, 1994 13. PUBLIC HEARINGS (Continued) The description has been entered into the record that this is a high crime area both from the neighbors and also from City evidence. However, it does not necessarily show the negative effects that it might have. If Council were to deny the application on that basis and were challenged, the court would probably consider that evidence maybe conjecture or possibly general inferences and probably not sustain the denial. The City Attorney opined so far the evidence presented does not provide a sufficient basis to cause Council to deny the application. The opinion was based on prior appellate court decisions in matters such as this and one trial court decision. He recommended, along with the Director of Community Development, that a time limit could be set to direct staff, Police Department and Code Enforcement, to monitor the land use consequences of the business. It was recommended the City's right to protest the issuance of the license be pursued by the Police Chief The Director of Community Development reviewed the conditions of approval outlined in the staff report. Speaking in favor: Joshua Kaplan, Attorney representing Thrifty Oil, 9171 Wilshire Boulevard, Suite 430, Beverly Hills, commented on the following proposed conditions: Condition No.6 which purports to preclude any advertising of beer and wine outside the building. Commercial speech is protected under the Freedom of Expression provisions of the United States and California Constitutions. There is no rational basis to preclude the assertion of freedom of expression commercial speech in its entirety. Obviously, the City may want to preclude garish and intrusive advertising of the availability of alcoholic beverages. However, this is about a 200 sq. ft. premises. If the City would agree to limit the advertising on the exterior of the building to one sign that is in compliance with City sign codes, that would be a legitimate balance. Condition No. 12 - presumably our goal is to promote temperance and promote the judicious use of alcohol and allowing the sale of a single can is far better than forcing an individual to buy a six pack. Suggest a provision that allows the single can sale, and consider precluding the sale of fortified wines, which create problems.Speaking in opposition:Janiece Correa, 1800 E. Heim, #24, expressed concern with how much alcohol will be stored on the premises and the size of the cooler.Rich Tait, Tait and Associates, 800 N. Eckhoff, Orange, representing Thrifty Oil, reported they would dedicate 35 sq. ft. of floor area to store beer and wine. The cooler would be three foot wide with four tiers, the depth would be approximately 26 inches. The storage area is the back room and not visible or accessible to the public. The cooler will be a display cooler only.THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE PUBLIC HEARING.Page 9 CITY COUNCIL MINUTES FEBRUARY 15,1994 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES ABSENT Coontz Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved that this project is categoricany exempt from the provisions of the California Environmental Quality Act per CEQA guidelines Section 15301.MOTION SECOND AYES ABSENT Coontz Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to accept Conditional Use Permit 2028-93 with the fonowing conditions:1. Compliance with all Department of Alcoholic Beverage Control requirements.2. No beer or wine shan be displayed within five feet of the cash register or the front door.3. No advertisement of alcoholic beverages shall be displayed at motor fuel island.4. No sale of alcoholic beverage shan be made from a drive-in window.5. No sale of alcoholic beverages shall be made from an ice tub.6. No advertising for beer or wine shall be visible outside the building.7. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer and wine. 8. All containers of alcoholic beverages that are displayed for sale shall be secured against public access between the hours of 1 : 00 a.m. to 6:00 a.m. Secured refrigerator compartments must have interior compartment separators to prevent access from neighboring non-locking doors or compartments. (The refrigerator housing alcoholic beverages shall be inspected for compliance with this section prior to sale of any alcoholic beverages.)9. The activity of the business shan be monitored by the Crime Prevention Bureau to establish the level of police services used for the business. Should the level of police services demonstrate that the applicant has not complied with the conditions of approval, the Conditional Use Permit shan be brought back to review for a revocation process.10. All structural improvements shan comply with the requirements of Municipal Code - Chapter 15.52 (Building Security Standards), which relates to use of security hardware, doors, windows,and lighting (Ord. 7-79). (An " Approved products list 5/93" is available.)11. Amusement devices (Arcades) inside the premise are prohibited.12. The sale of individual bottles or cans of alcoholic beverages or any amount that is less than the originally packaged amount (i. e. a case or a 6-pack) is prohibited.13. If not utilized, Conditional Use Permit 2028-93 shan expire in two years from the approval date.14. The Conditional Use Permit is in force for one year unless there is revocation or any other aspect that would eliminate that.Page 10 CITY COUNCIL MINUTES FEBRUARY 15, 1994 13. PUBLIC HEARINGS (Continued) 15. Maximum size of the cooler is within the range of3 ft. wide, four tiers and approximately 26 inches deep for each shelf The storage area is 35 sq. ft. and not visible or accessible to anyone but employees. To include the applicants voluntary proposed conditions 9, 12, 13 and 14: 9. No wine or distilled spirits shall be sold in containers less than 750 mi. No wine shall be sold with an alcohol content greater than 15% of volume. 12 Signage shall be posted prominently advising all patrons to exit with due regard to the neighborhood, advising that on-site consumption is prohibited, prohibiting loitering, advising that Thrifty will cooperate with law enforcement with regard to any violations on the premise and Thrifty shall post signage regarding age limit for the purchase of alcoholic beverages and advising against drinking and driving.13. Thrifty shall preclude attraction of minors and others by precluding public telephones and precluding the maintenance of any large candy counter at the entry to the premises.14. Appropriate security illumination shall be installed on site. MOTION SECOND AYES ABSENT Coontz Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to direct the Police Chief to pursue the City's right to protest the issuance of a license to sell beer and wine at this location with the State's ABC based on the State's ABC jurisdiction to consider evidence beyond that strictly relevant to land use. Police Chief is to work with any individuals that come to him for information on how to pursue the protest.TAPE 3549 13. 2 PRE- ZONE CHANGE 1168-93, (REFERENCE: ANNEXATION #403),NORTH ORANGE CHRISTIAN CHURCH: (ZI500.0)Time set for a public hearing on petition by the North Orange Christian Church to consider a request for a pre-zone change for church parcels from the existing Orange County R-4 ( Suburban Residential) to the City of Orange R-2-6 (Residential Duplex - minimum lot size 6,000 sq. ft.)District. Subject properties are located at 16561 East Lincoln Avenue in the Orange-Olive area.NOTE: This item is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15319.MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.The Director of Community Development gave the presentation. The Planning Commission recommended approval of the CITY COUNCIL MINUTES FEBRUARY 15,1994 13. PUBLIC HEARINGS (Continued) Speaking in favor: Bob Heyden, 2831 Park Vista Court, Fullerton, representing the North Orange Christian Church. James W. Knight, 16582 E. Buena Vista, representing Olive Heights Homeowners Association, indicated they have no complaints with the church, however, they would not like to see a multi- family development. Mr. Heyden commented they have no intention in the near or long term future to build any multiple resident dwelling or allow anyone to live on the property. THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE PUBLIC HEARING. MOTION SECOND AYES ABSENT Spurgeon Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved that this item is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15319.MOTION SECOND AYES ABSENT Spurgeon Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to approve Pre- Zone Change 1168- 93 as outlined in Planning Commission Resolution No.PC-64-93.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS - None Page 12 CITY COUNCIL MINUTES 16. ADJOURNMENT MOTION SECOND AYES ABSENT Barrera Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer The City Council adjourned at 8:00 P.M.h'd~~( a cp, Ar'~/MARILYN J NsEN; ~C CITY CLERK BY:FEBRUARY 15, 1994 GENE BEYER GENE BEYER MAYOR r C:t- '- 4''' FRED L. BARRERA MAYOR PRO TEM Page 13