Loading...
03-15-1994 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA MARCH 15, 1994 The City Council of the City of Orange, California convened on March 15, 1994 at 3:00 P.M. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 3:00 P.M. SESSION 1. OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - Spurgeon, Barrera, Mayor Beyer, Coontz ABSENT - Murphy NOTE: Councilman Murphy arrived at 3:30 p.m.1.3 APPROVAL OF MINUTES Adjourned Regular Meeting March 1, 1994.MOTION - Barrera SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None 1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 46 2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of March 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 approve a fund transfer to supplement the remediation of a City-owned parcel adjacent to the Yorba Medical Complex. (A2100.0.Agr.1889)FISCAL IMP ACT: Transfer $43,622. 20 from Account No. 260-5011-783300-3014 to Account No. 260- 5011-783300-3301. ACTION: Approved. PAGE 1 1-- CITY COUNCIL MINUTES MARCH 15, 1994 2. CONSENT CALENDAR (Continued) 2.3 Request Council authorize the City of Orange to join an amicus brief in the City of Pacifica case. (C2500.B) FISCAL IMPACT: None. ACTION: Approved. REMOVED AND HEARD SEPARATELY) 2.4 Request Council approve First Amendment to Agreement between the City and the law offices of Liebert, Cassidy & Frierson for legal services. (A2100.0.Agr.l042.I.1) FISCAL IMPACT: Sufficient funds have been allocated in Account No. 100- 0301-426100 (Legal Services).The City Attorney explained the request is for additional funds relating to Police Department disciplinary hearings.MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz,ABSENT - Murphy ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.2.5 Request Council approve the request of Child or Parental Emergency Services, Inc.,COPES) to conduct their Canyon Cruise for Kids on March 20, 1994. (P1300.0.9)FISCAL IMPACT: None. All fees will have been paid.ACTION: Approved.2. 6 Request the City Council approve the request of Orangewood Childrens' Foundation to conduct the "Round Orange Race" on April 17, 1994. (p1300.0.9)FISCAL IMPACT: None. All fees will have been paid.ACTION: Approved.2. 7 Request Council approve the addition of one Police Service Officer position for the Police Department and appropriate its funding by using current fiscal year salary savings.C2500.K)FISCAL IMPACT: Funds have not been allocated in the budget for this additional position. It is requested that current fiscal year salary savings be used until June 30, 1994.The cost will be $9,636.51. For subsequent years, normal general fund appropriations are requested, for a total of$38,546.04.Page 2 CITY COUNCIL MINUTES MARCH 15, 1994 2. CONSENT CALENDAR (Continued) ACTION: Approved. 2.8 Request Council authorize the award of Bid Number 934-19, Seven Police Motorcycles,to VIP Motorcycles, Inc. of Buena Park, CA, in the amount of $51,153.00. ( Continued from 3-08-94.) (A2100. 0.Agr.2200)FISCAL IMPACT: There are sufficient funds in the Vehicle Replacement Fund for this project.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. MOTION - Barrera SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz ABSENT - Murphy Item 2.4 was removed and heard separately, all remaining items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER TAPE 115 3. 1 Status report from Mayor Beyer on EI Toro Marine Base reuse.Mayor Beyer announced additional information will be forthcoming in the future.The City Manager indicated the Assistant City Manager would be attending the airport JP A meeting tomorrow in his absence.Council discussed considering the views and position paper of the Orange County Business Consortium which has over 80,000 businesses. However, the votes are on the side of the south county cities and the City of Orange has to involve itself in multiple organizations. Approaching thesubjectfromdifferentviewpointswillbetotheCity's benefit. It was suggested a study sessionbescheduledwhenalltheinformationisavailable.3. 2 Appointment of Carolyn Cavecche to the Orange Public Library Board of Trustees,term to expire March 15, 1996. (C2500.I.l)MOTION SECOND AYES ABSENT Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz Murphy Moved to approve the appointment.Page 3 r ---'-- CITY COUNCIL MINUTES MARCH 15, 1994 4.REPORTS FROM COUNCILMEMBERS TAPE 355 NON-AGENDA ITEM - Televised Council Meetings Councilwoman Coontz reported she had contacted Kristy Casasanta, Manager for Cablevision of Orange. It was suggested staff contact Ms. Casasanta and request an outline of the differences between other cities using cable TV, including the pros and cons of their approach to televising. The quality of camera work should be included as it relates to the City's expectations. COUNTY GATE FEES Councilwoman Coontz reported she had attended a Waste Management Commission meeting as representative of the League of California Cities. The five year proposed plan for the County was presented which included raising the gate fees $5.00 per ton for the first year, $10.00 the second year, $15.00 the third, totaling $25.00 over a five year period. The $5.00 increase is to take place in July, 1994. A volume of budgetary information was presented. Voting is to take place this Thursday, however, a press conference was held one hour before the meeting and it was announced to all the media that this was what was going to happen. The cost to the user is estimated at 60 cents per month for the first year. Councilwoman Coontz commented there should be another way to go. The Board of Supervisors stabilized the gate fee for two years. They should have raised it instead so there isn't such a high mcrease now. Bob Bennyhoff, 10642 Morada Dr., commented at the press conference it was announced the fee goes up $5.00 per year for five successive years. The County announced they do not plan to do anything with Blind or Westermont Canyons and have decided not to resurrect Santiago landfill but try to close it in 1996. Councilwoman Coontz remarked the fees are rising because there is less trash going to the landfills due to economy problems and recycling. 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8.LEGAL AFFAIRS TAPE 578 8.1 ORDINANCE NO. 5-94 An Ordinance of the City Council of the City of Orange amending Section 10.14.050 of Chapter 10.14 of the Orange Municipal Code pertaining to speed limits. (A2500.0)Page 4 CITY COUNCIL MINUTES MARCH 15, 1994 8. LEGAL AFFAffiS (Continued) MOTION SECOND AYES ABSENT Barrera Coontz Spurgeon, Barrera, Mayor Beyer, Coontz Murphy Moved that Ordinance No. 5-94 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.2 ORDINANCE NO. 6-94 An Ordinance ofthe 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 north side of Lincoln Avenue (1001 East Lincoln Avenue). (ZI500.0)Pre- Zone Change 1168- 93 Applicant: North Orange Christian Church MOTION SECOND AYES ABSENT Barrera Coontz Spurgeon, Barrera, Mayor Beyer, Coontz Murphy That Ordinance No. 6-94 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 I COUNCILMAN MURPHY ARRIVED AT 3:25 P.M.10. ORAL PRESENTATIONS IMPOUNDED VEHICLE Steven Perkins, P. O. Box 9324, Fountain Valley, phone number 714-645-8111, remarked that on March 10, 1994 he served a letter to the City Attorney's office regarding the towing and storage of his 1973 Chevrolet van from the Salem Church parking lot. Mr. Perkins had full consent of the owner to park his vehicle at that location. However, it was towed and the Police Department has denied the release of the van indicating it needs repairs. These repairs cannot be done because the Police will not release the van.The City Attorney was instructed to investigate the complaint.Page CITY COUNCIL MINUTES MARCH 15, 1994 10. ORAL PRESENTATIONS (Continued) CITY PARKING PERMIT Carole Walters, 534 N. Shaffer St., filed a formal complaint against a City Traffic Commissioner who gave his parking permit to a family member that used it to park in front of Mrs. Walter's house, which is located in a parking permit area, for a meeting at Orange High Schoo\. Mrs. Walters requested a letter be sent within ten days to the violator notifying him that the permit is to be used for city business only. Mrs. Walters thanked the Traffic Engineer for his assistance in this matter. Mayor Beyer instructed the City Manager to follow up on this request. HANDICAPPED VAN PARKING PROBLEM Al Palladino, 761 S. Park Vine St., complained about a Police procedure affecting him regarding the parking of his handicapped van in his driveway. Mr. Palladino has parked his handicapped van in his driveway for the past two years and his new neighbors said they do not want it there. There have been many court appearances regarding this situation. Mrs. Palladino asked the Police why the neighbors were not investigated at the beginning? The answer from the Police Department was that it is a policy procedure. Mr. Palladino requested to be exonerated from the City of Orange because of the neglect by the Police Department from the beginning. Police Chief Robertson explained that he assigned two sergeants and one lieutenant to review the situation. They all determined this was a civil problem and that the Police Department needs to allocate their resources elsewhere. This issue has been consuming mass amounts of the Police Department's resources. The Palladinos were notified of the recommendation. The Police Department will respond, however, if there is a life threatening situation. The Police Department is now exploring options. If they are going to continue to handle Mr. Palladino's civil problems, then Mr. Palladino can reimburse the citizens of Orange for the services that are being consumed on non-criminal matters. The costs are approaching $30, 000.Mr. Palladino felt this was not the truth.POLICE UNION MOU Bob Bennyhoff, 10642 Morada Drive, asked when the Police union's salary contract would appear before the City Council.The City Manager reported it was tentatively scheduled for the April 12, 1994 Agenda.MICROPHONES AND PODIUM ARRANGEMENTS Council discussed the new positioning of the single podium and microphone system. It was suggested that an additional podium be added for staff responses. The City Clerk indicated the single microphone system was in accordance with the American Disabilities Act, but will contact the sound company for further designs.Page CITY COUNCIL MINUTES MARCH 15,1994 11. RECESS MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy 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:Claim ofDien Huynh. b. To confer with its attorney to decide whether to initiate litigation pursuant to Government Code Section 54956. 9(c).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)(I).e. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957.f. To give instructions to its negotiator in connection with the purchase, sale, exchange or lease of real property pursuant to Government Code Section 54956.8.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 Tim Klinkenberg, St. John's Lutheran 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 Page 7 CITY COUNCIL MINUTES MARCH 15, 1994 13.PLANNING AND ENYmONMENT TAPE 1792 13.1 a. Request Council take action to amend all categories of monthly Sanitation and Sewer System charges set forth in Chapter 13.60 of the Orange Municipal Code. Also, to provide public testimony as provided for in Section 66016 of the California Government Code. (Continued from 2-15 and 2-22-94.) (A2100. 0.Agr.2188)FISCAL IMP ACT: Increase in revenue to offset operating expenses for Material Recovery Facility (MRF).The Director of Public Works presented a history of Assembly Bill 939, the Source Reduction Recycling Element document and the Material Recovery Facility. Included in the staff report is a graphical comparison of residential refuse and recycling charges. They range from a low of$9.92 to ahigh of$12.30 with the existing City of Orangerate of$10.44 being among the lowest.Orange Disposal's rates are set by formula and relate to the cost of providing service rather than a comparison of costs to provide the same service by providers in adjacent jurisdictions. If Council approves the recommendation to increase the sanitation fee by $1.04, the City of Orange rate of 11.48 will only be 11 cents over the median rate, comparing favorably with the cost of service of many of the surrounding cities and will allow the City to achieve its AB939 requirements.The following people spoke on the issue:Vic Calagna, 1135 E. Culver, was opposed to the rate increase.Carole Walters, 534 N. Shaffer, President of the Orange Taxpayers Association spoke in opposition.Bill Brummer, 615 E. Washington Joseph Massey, 2211 W. Beverly Dr.Bob Bennyhhoff, 10642 Morada Dr.Ken Milbrat, 308 S. California St.Corinne Schreck, 446 N. James St.Michael Fischer, 923 E. Cumberland Rd.Mary Widdows, 1740 N. Shaffer, spoke in favor of the rate increase.The following responses to concerns expressed were given by the Public Works staff:The $2.25 per month surcharge is part of the $6.5 million dollars.There are no guarantees there will not be a future rate increase, but there are no automatic rate increases. There are no controls over County gate fees.Any resident of the City of Orange can review the sanitation documents which are a public record in the City Clerk's Office and Libraries.Alternate methods of funding were reviewed and the pay as you go method was more favorable.This loan was negotiated between Orange Disposal and Wells Fargo Bank and hasa 5. 4% interest rate. The City saved bond costs of one million dollars. CITY COUNCIL MINUTES MARCH 15, 1994 13. PUBLIC HEARINGS (Continued) Public Works is not aware of any major urbanized area that has been allowed any exemptions granted by the Integrated Waste Management Board. The 6500 tons that are being diverted on an annual basis represents 4% of the waste stream. It could go higher as it relates to residential. The total is approximately 150,000 tons. Industrial, commercial, apartments and builders have to be brought in to the program by January 1, 1995. The mandate includes all sections of waste materials. As as part of the Green Waste Program, the City will be supporting a compo sting activity, however, no sites have been identified by private industry. The Green Waste Program will be addressed in future programs. The City Manager advised that as the MRF opens there is a need to finance current operations from day one. If the City can bring in trash from the outside to fill up the capacity, it is projected the City could double the amount of trash processed and reduce the costs by half This savings would come back to the citizens. That is the goal which is why the City needs the $1.04 increase. Every effort will be used to keep those costs down. The host fee will address additional costs to the City involving wear and tear of the streets from trucks utilizing the facility. There are four other MRF's operating in the County. DPW will be working on a recycling program similar to Villa Park's with the 2-barrel system.COUNCIL ADOPTED THE FOLLOWING MOTIONS: MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that the citizens have access to information concerning how the rates are put together,what State Mandate and the Waste Management Program means. Staffwas directed to report back to the citizens either through the water bill or some other appropriate form to give a report card in six months or one year to show where we are on the basis of how we've done inside the City; also how we've done outside the City in enlisting additional resources.Staff was instructed to change the water bill to a 4 x 6 card as stated in Councilwoman Coontz's Minute Order.Further, that all categories of the monthly Sanitation and Sewer System charges set forth in Chapter 13.60 of the Orange Municipal Code be amended. Public testimony was provided for in Section 66016 of the California Government Code.MINUTE ORDER - Councilwoman Coontz: "The trash rate is not a subsidy but designed to be a fair competitive price to cover the cost oftrash disposal and recycling recovery. To emphasize again, the City of Orange has one of the lowest trash rates in the County due to the scrutiny of the Page 9 CITY COUNCIL MINUTES MARCH 15, 1994 13. PUBLIC HEARINGS (Continued) City Council over a period of time. As far as this Council is concerned, we will continue to scrutinize the rates in the future and we believe we can bring the rates down because of the Material Recovery Facility. The issue is not to reiterate that we just necessarily must meet the straight State Mandates for the recycling standards but it is also a decision of how we can best control the costs of trash in our community for the future. With the scrutiny of the Council and the MRF that's what we can do. I would like to add, one of the suggestions I made at our last meeting was that we have a larger bill. We have a bill now that is a 3 x 5 card and I've been trying to push the department to look at a 4 x 6 which someone else suggested so that we can get more information on the card. I think the comment was that the computer could not handle the information on the card; I doubt that. I think we have broken up the different costs and charges over a period time and we need to continue to do that. A larger size card is legal and more can be put on it. There is no excuse. Apparently, we don't buy these ahead of time. I though perhaps they had a million of them in a warehouse, but they do not. This is part of my second that we do that. n COUNCILMAN SPURGEON: "When the six month report is due to Council, one of the things I want to make sure we have, Mr. Manager, as a direction, with concurrence of my colleagues, that we have an aggressive marketing effort on the part of the City to go out and track these cities that do not have MRFs and to get them so we can hold down costs, ifnot lower them over a period of time. I will be looking for a report, when these other reports come in, to make sure this aggressive marketing effort to other cities is being done. " The City Manager announced the March 22, 1994 agenda will include the different type of billing system. MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the Material Recovery Facility (M.R.F.) 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.MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to authorize the Mayor and City Clerk to execute agreement on behalf of the City and to appropriate funds from Account 220-5022-427401 to implement required payments.Page 10 CITY COUNCIL MINUTES MARCH 15, 1994 13. PUBLIC HEARINGS (Continued) RESOLUTION NO. 8300 A Resolution of the City Council of the City of Orange amending Section 13.60.020, Section 13.60.030 and Section 13.60.040 ofthe Orange Municipal Code changing certain Sanitation and Service charges by Contractor. MOTION SECOND AYES Murphy Coontz Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8300 as introduced be adopted and same was passed and adopted by the preceding vote.14. PUBLIC HEARINGS TAPE 5157 14.1 FIRE RETARDANT ROOF COVERING REQUIREMENTS, CITY OF ORANGE:Time set for a public hearing on petition by the City of Orange to amend Chapter 15.3 6 ofthe Orange Municipal Code relating to fire retardant roof covering requirements. (A2500.0)MAYOR BEYER OPENED THE PUBLIC HEARING.The Fire Chief presented the report on the fire danger of combustible roofs. It was noted untreated shake shingle roofs are a major cause of the spread of fire. Shakes and shingles treated with fire retardant material through pressure impregnation have not adequately passed safety tests.The proposed ordinance would prohibit roofing materials not meeting u.L. Listed Class" A"requirements on all reroofs or additions encompassing over 25% of the original total roof area. It would allow the use of pressure impregnated shakes or shingles with a Class "B" rating or better for partial reroofs, repairs or additions ofless than 25% of any existing wood roof, during the life of the structure. It would prohibit reroofing over existing combustible shakes and shingles.THE FOLLOWING PEOPLE SPOKE IN FAVOR:Edith L. McCullough, 1012 Marina Dr., Placentia Steve E. Miller, 5355 N. Vincent Ave., Irwindale Mara Brandman, 7319 Equitation, President, Wilderness Homeowners Association Bob Bennyhoff, 10642 Morada Dr.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.Page 11 CITY COUNCIL MINUTES MARCH 15,1994 13. PUBLIC HEARINGS (Continued) MINUTE ORDER - COUNCILMAN SPURGEON: "This comment echoes what the speakers have already indicated. That is something when we get one hundred percent on any issue.Obviously, we as a Council would be extremely negligent if we did not accept this recommendation and this well written report by the Fire Department and the Chief. "ORDINANCE NO. 3-94 An Ordinance of the City Council of the City of Orange amending Chapter 15.36 of the Orange Municipal Code relating to fire retardant roof covering requirements. MOTION -Coontz SECOND -Spurgeon AYES -Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No. 3-94 has first reading waived and same was set for second reading by the preceding vote. MOTION SECOND AYES Coontz Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to direct the Community Development Department through the City Manager to come up with a method of communicating the aspects of this amended ordinance to the community, to include the information Councilman Murphy suggested regarding the relative costs of roofing; and also to remind the residents of the City of Orange they need a building permit in order to reroof.TAPE 6427 14. 2 ABANDONMENT OF A PORTION OF PROSPECT STREET, CITY OF ORANGE:Time set for a public hearing on petition by the City of Orange to consider vacating and abandoning a portion of the Prospect Street right-of-way easement adjoining Bond Avenue and running approximately 550 feet north. (S4000.S. 4)MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of Public Works reported several years ago Watt Industries realigned Prospect Street from Spring to Collins as a condition of Tract No. 12788. As part of the completion of the new alignment, Watt Industries negotiated with the Orange County Water District for additional right-of-way needed to make a larger radius of curvature on the old Prospect/ Collins curve. Part of the negotiation involved giving the district a residual parcel. created by the new alignment.One of the remaining conditions of the agreement is for the City to abandon the portion of Prospect St. that is no longer needed.THERE BEING NO SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. CITY COUNCIL MINUTES MARCH 15, 1994 13. PUBLIC HEARINGS (Continued) RESOLUTION NO. 8319 A Resolution of the City Council of the City of Orange ordering the vacation and abandonment of that portion of the Prospect Street right-of-way easement adjoining Bond Avenue and running approximately 550 feet north.MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8319 as introduced be adopted and same was passed and adopted by the preceding vote.TAPE 6793 14. 3 CONDITIONAL USE PERMIT 2050-93, SUPER SPORTS INCORPORATED, ORANGE UNIFIED SCHOOL DISTRICT: Time set for a public hearing by Super Sports Incorporated on behalf of the Orange Unified School District to consider Conditional Use Permit 2050-93, a request for the proposed development of a golf practice and recreation center, including the demolition of most existing school buildings and construction of a driving range with 100 tees, 85 foot high fencing, outdoor lighting for night use, a pro-shop, tennis, volleyball and speed soccer courts. The applicant would also like an option to use the existing cafetorium for non-profit bingo games, 2 or 3 times per week. Subject property is the former Peralta Junior High School, located on the northwest corner of Canal and Meats Avenue, addressed 2190 North Canal Street. (C3300.0)NOTE: Negative Declaration 1448-93 has been prepared to evaluate the environmental impacts of the project.MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of Community Development reported the site is approximately 20 acres, zoned R-l-8. The surrounding zoning to the north is residential single family R- I-I0; to the south and west of the property are single family residential R-I-8; to the east of the property is the Orange Mall.The proposed primary purpose is a golf driving range, a night lighted facility, with approximately 94 tees. Sixty-two of those tees will be developed in the first phase development. It is proposed that a pro shop, and a variety of baseball, tennis, soccer, speed soccer and batting cages would be developed on the property. In two of the buildings which would be retained, one would be a daycare facility and one of the buildings would be used for a bingo operation.There are 252 parking spaces needed for the development. The applicant is proposing 315 parking spaces. The netting for the driving range, to prohibit errant golf balls, is proposed to be up to 85 ft. in height in certain locations. The driving range CITY COUNCIL MINUTES MARCH 15, 1994 13. PUBLIC HEARINGS (Continued) be night lighted. The lights for the driving range will be mounted on poles 45 ft. in height. The facility will be closed at 10:00 P.M. The Planning Commission recommended the fairway lighting be turned offno later than 10:30 P.M. This facility would be leased from the Orange School District for a term of 15 years. The driving range would operate on a charge basis and some of the other facilities would be on a scheduled community use basis. The Planning Commission recommended approval ofthe project with conditions. It was also recommended the applicant return to the Planning Commission for a noticed public hearing after six months of the opening of the facility in order to review if the netting and fences are controlling the errant golf balls, as well as lighting controls. The applicant has sent letters with questions regarding the Planning Commission's six month review and the Design Review Board's review of the final landscape plan after Council's approval. The Police Chief requested the Bingo operation be separated from this request and considered at a later date. The Director of Public Works reported at one time there was an unmetered water service at the proposed location, however, it has since been a metered location for many years. There was a scheduled unmetered service to a trailer used by little league and this would not be extended to any user. Ken Hawkins, 2444 Vista Nobleza, Newport Beach, applicant, commented three meetings to discuss this proposal were held with the residents. The majority of the project will be open to the public at no charge. The old cafetorium will be upgraded and used as a community center. Super Sports will be headquartered at the site and there will be 24 hour security. During the evening a security company will be hired. In terms ofliability, specifically in the case of errant golf balls and other situations, a hold harmless agreement will be issued to the City. The City Attorney opined the issuance of a permit alone would not impose any liability on the City. It is up to the company in control of the premises to maintain it in a safe condition. If the City was sued, the City would cross complain against Super Sports. However, the City would accept the hold harmless agreement because it would save the City from having to provide any defense costs which would be tendered to Super Sports. This would absolve the City from costs associated with any liability. Mr. Hawkins indicated he had contacted the Orange Mall Management regarding activities being planned for the area. Future meetings will be held to discuss special events to allow Super Sports to use the mall parking lot. Mr. Hawkins was asked to notify Council of any agreements with the Orange Mall. Page 14 I CITY COUNCIL MINUTES MARCH 15,1994 13. PUBLIC HEARINGS (Continued) The following people spoke in favor of the project: Diane Gomez-Valenzuela, 828 E. Glendora Bob Bennyhoff, 10642 Morada Dr.Michael Fisher, 923 E. Cumberland Rd.R. McClanahan, 2404 Parkside Carole Walters, 534 N. Shaffer Mr. Hawkins answered the following concerns:There are 92 tees planned and they have not decided whether this will be completed in two phases or not. It might go all in the first phase. The second phase would be a batting cage, and they are considering a roller hockey court. Regarding the user fees, the negotiations with Orange Unified School District are not finished. The intent is not to charge user fees for the public areas.Maintenance costs are still an issue now. Also, the intent is if the entire site plan is approved tonight, it incorporates all the uses.Phase Two, the second batting cage, and additional hitting stalls could happen in the first couple years.The dimensions of the driving area from the tee line to the back fence is 265 yards. With a proposed 60 ft. fence in the back, it is unlikely the balls will go over the fence. Mr. Hawkins remarked a ball flight analysis was completed by Titliest and is available for review. With this analysis, the proposed design and current heights Super Sports will be successful in keeping the golf balls in, and will incorporate both phases.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to accept Negative Declaration 1448-93 as recommended by the Planning Commission.MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve Conditional Use Permit 2050-93 as outlined in Planning Commission Resolution No. PC-I-94. Incorporate a condition requiring and urging the hold harmless clause agreement offered by the applicant. Within six months after the project is complete and operational, another hearing will be scheduled, if warranted after review by staff, concerning errant golf balls, lighting levels, security, and any other issue they feel to be important. Remove the bingo request from the application, to be reviewed independently on its own merit if desired. Page 15 CITY COUNCIL MINUTES MARCH 15, 1994 15. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer, asked if the Old Towne name is changed to Old Orange does it have to be approved by the City Council? Mayor Beyer commented he thought it would have to be brought to Council. Vinnie Palladino, 761 S. Park Vine, gave the following comments: "Honorable Mayor and City Council, we find it most regretful to submit the following to your honorable City Council. We wish to formally charge the City of Orange Police Chief, John Robertson, with blatantly giving false testimony to the City of Orange City Council at a regular meeting of the Orange City Council during the 3:00 P.M. Session held on Tuesday, March 15th. In evidence are documents which are enclosed exhibiting pertinent information of three important facts contained within the testimony by Chief Robertson where he, Chief Robertson, furnished to the Orange City Council, defamatory and damaging remarks injuring the reputation and character of Allen Vinne Palladino. We ask for a complete investigation be conducted properly by the City of Orange City Council, the City Manager and the City Attorney at the earliest possible convenient time to all parties granting sufficient time along with all parties involved while conducting whatever is necessary to resolve the complete matter of Palladino vs. Police ChiefJohn Robertson and/or Police ChiefJohn Robertson vs Allen Vinne Palladino. We await your immediate response. Respectfully, Allen Vinne Palladino." Mrs. Palladino requested a copy of the tape of the 3:00 P.M. Session Council meeting of Police Chief Robertson and Mr. Palladinos comments. Diane Johnson, 3425 E. Almond, read a letter from her husband in support of Al and Vinne Palladino. Mr. Palladino gave brief comments of the situation. Marvin Sobel, 4111 N. Meadowbrook, asked questions relative to the new utility billing system. The City Manager answered his questions. Page 16 CITY COUNCIL MINUTES MARCH 15,1994 16. ADJOURNMENT MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council adjourned at 10:05 P.M.Jup~~ C):> 4/P;'Af.,/MARILYNJ NS ,&Mc CITY CLERK GENE BEYER GENE BEYER, MAYOR BY~N~~. FREDL.BRA MAYOR PRO TEM Page 17