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04-19-1994 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA APRIL 19,1994 The City Council of the City of Orange, California convened on April 19, 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, Murphy ABSENT - None 1.3 APPROVAL OF MINUTES - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS A Certificate of Recognition was presented to Floyd Higgins, Fire Chief Emeritus.1.5 PROCLAMATIONS Proclamation honoring Saturday, April 23, 1994 as "Arbor Day in Orange" was presented to AI Remyn, Department of Public Works/Street Trees.Proclamation honoring April 22-29, 1994 as "Recycle Week" in the City of Orange presented to Nancy Gee, Recycling Coordinator, Public Works Department.2.CONSENT CALENDAR TAPE 298 2.1 Declaration of City Clerk Marilyn J Jensen declaring posting of City Council agenda of a regular meeting of April 19, 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 authorization for advertising to invite bids for sewer reconstruction on Lemon Street from Kelly to Palmyra and Chapman to Palm; S-185; Bid No. 934-24. (C2500.M.3) FISCAL IMPACT: None. ACTION: Approved. PAGE 1 CITY COUNCIL MINUTES APRIL 19, 1994 2. CONSENT CALENDAR (Continued) 2.3 Request Council approve authorization for advertising to invite bids for street reconstruction on Halyard Street at Tiller Avenue, Primrose Avenue - Main to Emerald,and Emerald Drive - Walnut to Primrose; S.P. 3090; Bid No. 934-25. (S4000.S.7)FISCAL IMPACT: None.ACTION: Approved.2. 4Request Council approve authorization for advertising to invite bids for street reconstruction on Olive Street - Collins to 500' south, Clark Street - Walnut to 300' north,and Berkley Street - Lincoln to 450' south; S.P. 3091; Bid No. 934-26. (S4000.S.7)FISCAL IMPACT: None. ACTION: Approved.2. 5 Request Council approve Contract Change Order No. 1 and Final in the amount of 21,971.99 to Damon Construction Company, for wheelchair access ramp improvements;Bid No. 934- 11. (AZIOO.0.Agr.2182)FISCAL IMPACT: $ 21,971.99 is available for this project in Community Development Block Grant funds.ACTION: Approved. MOTION SECOND AYES Barrera Spurgeon 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 320 3.1 Appointment of Linda Zehner to the Community Development Block Grant Program Committee, term to expire 4/19/96. (ORI800.0.8.3)MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to approve the appointment.Page 2 CITY COUNCIL MINUTES APRIL 19, 1994 OFF-AGENDA ITEM - THEO LACY JAIL PRESS RELEASE OR1300J) Mayor Beyer read the following press release: Sheriff's decision to place maximum security prisoners in Theo Lacy Jail. The City of Orange received word today from the Sheriff's office that Sheriff Brad Gates has placed 48 maximum security prisoners in the Theo Lacy Facility located in Orange. Mayor Beyer stated, "I'm extremely angry that the Sheriff sees fit to put Orange citizens at risk. In the beginning we have been assured that the Theo Lacy facility would not be used to house maximum security prisoners. It was never designed for this purpose. The City has been fighting the issue of the expansion of the Theo Lacy facility for years. I want to assure the citizens of Orange that I and other members of the Council will continue to oppose what I regard as a irresponsible act on the part of the Sheriff, and that's putting it mildly." The City Manager indicated a status report on Theo Lacy Jail will be scheduled for the May 10, 1994 Agenda. Bob Bennyhoff, 20641 Morada Dr., commented Randy Bosch, Chief Architect for the jail, indicated there are 192 single cells which are equipped for double bunks. The 48 is just the first wave. They are headed for 400, and the City will have major problems. 4.REPORTS FROM COUNCILMEMBERS TAPE 407 4.1 Report from Councilman Spurgeon on EI Toro Reuse Planning Authority. Councilman Spurgeon reported that on April 18th he attended the first El Toro Executive Council meeting. The meeting was primarily an orientation meeting for all 52 members All cities except Seal Beach were represented. Also in attendance were the Industrial League, BIA, Chamber of Commerce of Orange County and large homeowners in the unincorporated areas of the South County. It was obvious from the start the north/south lines were clearly drawn The temporary chairman was the County Chief Administrative Officer, Ernie Schneider. Briefings were presented by the Department of the Navy and Marine Corps. Scheduling is contingent on how Miramar can accommodate the marines and airplanes. The planning process will consist of organization, planning and implementation which will be done by the Department of the Navy through the Marine Corps, if the planning procedures are approved. The Executive Council has been asked to submit to the Board of Supervisors three plans within the next two years. One plan is required under the Secretary of the Navy to be a plan for an airport; the other two will be alternative use plans. Also, if primary members cannot attend these meetings an alternate Councilmember or staff member would attend. Councilman Spurgeon will make a recommendation to Council for a designated alternate to attend meetings in his absence. Page 3 CITY COUNCIL MINUTES APRIL 19, 1994 OFF-AGENDA ITEM - INVESTMENT CONCERNS Councilwoman Coontz expressed concern regarding the fiduciary responsibility of the Council and the $100,000,000 investment. Councilwoman Coontz commented she was uncomfortable with some of the results of the reorganization of the Treasurer's Office several years ago. The Over-site committee is now composed of the Assistant City Manager, the Acting Finance Director and the City Treasurer. The Assistant City Manager and the Acting Finance Director were asked if they were investment experts and they indicated they did not feel they were.Councilwoman Coontz gave the following steps that are necessary:1. Require the City Treasurer, who holds one of the most important positions in the City, be present and accountable at each Council meeting so the Council will have the opportunity to ask questions directly.2. Review the Investment Policy, described as "Conservative," against our present investments.This would include the over $30,000,000 invested with the County of Orange. To date Council has had no information as to how these investments are made. However, because of the pressure from the press the holdings will be made public and they should be reviewed to see how investments at the County level are being conducted.3. Establish an Investment Advisory Committee composed of individuals with a proven knowledge of the rapidly and ever-changing investment picture in the United States today.4. Request the Advisory Committee to look into the problems experienced in the past with the dual position of the Treasurer who is both elected and appointed. Pursue placing this issue on the ballot for the third time in November to allow the City to hire the most qualified individual to do the job.5. This item to be agendized for the next Council meeting for further analysis and discussion.The City Manager suggested a full status report be presented at the May 10, 1994 Agenda.Mayor pro tern Barrera asked if the Metropolitan Water District was holding $33,000,000 of the City's money in reserve, and if so, are they paying interest? The City Manager indicated he would find out.Council further discussed investigating the changing of interest rates and what effects it has on bonds and safe investments.Bob Bennyhoff, 10642 Morada, commented in view ofMr. Weiss' illness, how can Council demand that he attend every Council meeting when there is an ADA regulation. The newspaper reported Moodys and other major rating services said they investigated and found nothing wrong with the investments being conducted by the County.Carole Walters, 534 N. Shaffer, inquired who was going on the ballot and how much would a ballot measure cost? CITY COUNCIL MINUTES APRIL 19, 1994 OFF AGENDA ITEM (Continued) Councilwoman Coontz responded the committee could possibly place the appointment of a City Treasurer on the ballot as a measure. The City Clerk reported the expenses for the last ballot measure in the 1992 General Municipal Election was between $4-6, 000.Mrs. Walters commented that ifit failed this time, which will be three tries, the City needs to stop.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None TAPE 1227ADMINISTRATIVEREPORTS6. 6.1 Informational progress report on televising City Council meetings. (C2500.D) The Assistant City Manager reported the one time costs involved could be anything from 0 to 100-125,000 on a one time basis to purchase equipment. The recurring annual cost could be anywhere from $19,200 up to $108,000 per year. A survey of other cities is currently being processed and will be presented to Council.Jon Borgeson representing Cablevision of Orange, presented the following costs:Least expensive - have one person come with a single camera, $400 per meeting. Bring in a Cablevision van equipped with video equipment, $2250.00 per meeting. Combine robotic cameras with Cablevision van, equipment costing $65,000, the ongoing costs per meeting is approximately $800. Build a remote control system at City Hall. The cost per meeting would be $800. The one time cost for the equipment would be approximately $100-125, 000.The City now has a cablevision channel for its use.Councilman Murphy requested surveying the public with the cooperation of Cable vision on a trial basis, at no cost to the City, for a response from the citizens. This should be done in a timely manner with participation from the Community Video Advisory Commission. Mr. Borgeson indicated they would do whatever Council wanted. Also, the tape-delay and being aired in its entirety at a different hour would be a start for the citizens that work during the daytime hours..Pat Buttress, 531 E. Chapman, member of the Community Video Advisory Commission,expressed support of the trial run.Bob Bennyhoff, 10642 Morada Dr., commented the Council would be smart to do something about the City workers whose salaries have been cut for the second year. The Council should not spend 5 cents to televise the meetings until the workers salaries have been discussed. Further,since there will be renegotiation of the Franchise Agreement, the City should include Cablevision paying for televised Council meetings. CITY COUNCIL MINUTES APRIL 19, 1994 6. ADMINISTRATIVE REPORTS (Continued) Carole Walters, 534 N. Shaffer, commented a citizen called her to say she would cut something else out of her tight budget to be able to watch City Council meetings on Cablevision. Cablevision should ask the public if they would help to offset the costs involved. MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to receive and file the report. Also, to return at the end of May, 1994, with a final report on the suggested trial basis and other concerns discussed.7. REPORTS FROM CITY MANAGER - None 8.LEGAL AFFAIRS TAPE 2084 8.1 RESOLUTION NO. 8327 A Resolution of the City Council of the City of Orange accepting the completion ofa certain public work and improvement; installation of "No Parking Street Sweeping" signs, Phase I and II;Bid No. 912- 34. (AZIOOO)JKZ Constructors, Inc.MOTION SECOND AYES Barrera Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8327 as introduced be adopted and same was passed and adopted by the preceding vote.8.2 RESOLUTION NO. 8328 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 934-11; Damon Construction Company;Wheelchair Access Ramp Improvements. ( AZIOO.O)MOTION SECOND AYES Spurgeon Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8328 as introduced be adopted and same was passed and adopted by the preceding vote.Page 6 CITY COUNCIL MINUTES APRIL 19,1994 8. LEGAL AFFAIRS (Continued) 8.3 RESOLUTION NO. 8329 A Resolution of the City Council of the City of Orange continuing the requirement for a Conditional Use Permit for one year for development of more than two units on lots subject to Zone Change 1159- 93.Discussion: The City Attorney opined this Resolution is proposed to document the motion carried at March 8, 1994 public hearing. In reviewing the record it appeared Council had several objectives, to carry out the agreement made among the residents and also to retain jurisdiction so this matter would eventually have to come back to Council and not go through the whole process again. Also, Council wished to take action that would not amend mitigation measure number 4,to open up the environmental review process again. That is not legally required nor was it the intention of the Council to do so. This document attempts to avoid any future misunderstandings or any disputes. This document maintains the status quo for a maximum of one year. This document applies to the Culver Street area.Linda Zehner, 630 E. Culver Street, asked what makes it an ordinance or a resolution and how did Culver Street get separated from the rest of the City? A 30-day continuance was requested.Council discussed having all parties meet to discuss the wording of the resolution with the Director of Community Development and the City Attorney.MOTION - Barrera SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Murphy ABSTAINED - Spurgeon Moved to continue Resolution No. 8329 for 30 days 8.4 ORDINANCENO. 7-94 An Ordinance of the City Council of the City of Orange amending Section 5.10.080 A of the Orange Municipal Code relating to the reduction of business taxes for real estate developments.A2500. 0)MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No. 7- 94 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.5 ORDINANCE NO. 8-94 An Ordinance of the City Council of the City of Orange amending various sections of Title 2 of the Orange Municipal Code pertaining to administration and personnel. (A2500.0)Page 7 CITY COUNCIL MINUTES APRIL ]9, ]994 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES Barrera Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No. 8-94 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 NOTE: The Orange Redevelopment Agency did not meet.10. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer, asked if there was a copy for the public of the Fire Department's salary, overtime and sick leave and where can she obtain a copy? The City Manager indicated there was a audit report completed by Peate Marwick, auditors. It was a special audit relating to salaries and overtime and is a public document and available.Mrs. Walters commented on the recent article that appeared in the Orange Independent Newspaper regarding the Orange Firefighter's salaries. Mrs. Walters felt the people that responded in the article were relatives of the firefighters. Firemen seem more concerned about their salary. Gene Sommers, 1539 E. Candlewood Avenue, suggested Cablevision of Orange place a survey into their monthly billing to their customers with the question, "Would you consider televised Council meetings and other public service meetings, and if so would it be expected from the cable company or would the customer be willing to pay."Robert Lewin, 36] Forest, Laguna Beach, representing Roger Miller Ford, commented he is following up on a letter to Council dated April 14, 1994. Ford has made a demand upon Roger Miller Ford to expand the facility or move. Ford requires some indication of what the City intends to do about the dealership and the piece of property on Palmyra Avenue.The City Manager commented he will have to review the issue as it relates to Palmyra Avenue.The City, however, does not want to get between any parties with an on-going lawsuit.Mayor Beyer suggested Mr. Lewin contact the City Manager.11. RECESS MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council will recessed at 4:40 PM. to aClosed Session for the following purposes:a. Conference with Legal Counsel - existing litigation (Government Code Section 54956.9 [a]):Page 8 CITY COUNCIL MINUTES APRIL 19, 1994 11. RECESS (Continued) City of Orange vs. Refco Securities, Inc., NASD Arbitration No. 92- 03685.Snapp vs. City of Orange, Orange County Superior Court Case No. 70 50 24.b. 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 SECOND AYES Murphy Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that the need to take immediate action on the following urgent item came to the attention of the City after the posting of the Agenda. Initiation of Litigation pursuant to Subdivision c. of Section 54956.9 of the Government Code - Theo Lacy Jail.7:00 P.M. SESSION 12. INVOCATION Charlotte Johnston, Life Member Soroptimist International of Orange and Retired City Clerk.12. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS - None 12.3 INTRODUCTIONS - None 12.4 PROCLAMA TIONS Proclamation honoring "Leadership Orange" program was presented to Dean Strenger,representing the Leadership Orange Class of 1994.Proclamation: "Keep the Rams in Anaheim" presented to Bill Cathcart, accepting on behalf of Frank Bryant, President of the Rams Booster Club.12.5 PRESENTATIONS David Parker, representative of Orange CARES and the local religious community of Orange, presented a video and requested Council's support for a faith and values broadcast channel in the community.MOTION - Barrera SECOND - Mayor Beyer AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that Council support this good effort. Page 9 CITY COUNCIL MINUTES APRIL 19, 1994 13.PUBLIC HEARINGS TAPE 1048 13.1 APPEAL NO. 421, VARIANCE NO. 1964-94, JOEL LORENZ: (A4000. 0)Time set for a public hearing on petition by Joel Lorenz to appeal the decision by the Zoning Administrator on January 27, 1994 denying Variance No. 1964-94 to allow the creation ofa lot less than the minimum lot size required. The site is zoned R-I- 6 (Residential, single family,minimum lot size 6,000 sq. ft.), while the appellant is proposing a lot 4,790 sq. ft. The General Plan designation is 2 to 6 lots per acre. The property is located at 460 N. Milford Road.Continued from April 12, 1994.)NOTE: The project is categorically exempt from the California Environmental Quality Act CEQA) per State CEQA Guidelines, Section 15301.THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:Administrator and staff was misinformed as to their decision. (Refer to facts listed on I/27/94 minutes.)1. Zoning Ordinance depth setbacks 100 ft. inconsistent with subjects property and 12 others.Driveway approach has been approved by Traffic Department.2. Zoning classification R-I-6 implies 7 dwellings per acre, which is inconsistent with General Plan.3. Neighboring properties do not possess like options, due to easement and setback requirements thus eliminating and setting no precedent for other property owners.4. Newly developed home will be constructed with sound and noise detriment material. Noise study report will be provided." THE PUBLIC HEARING REMAINS OPEN.The Director of Community Development reviewed his memorandum on concerns from the last public hearing regarding the possible inconsistency of some lots in the area identified as being smaller than the 6,000 sq. ft. minimum area. One of the areas is a planned unit development on Walnut Avenue which has a multiple family residential zoning designation and a medium density General Plan designation as part of a planned unit development in a multiple family neighborhood.There is consistency with both the zoning ordinance and the General Plan in creating those 2700 sq. ft. lots. It is part of an overall neighborhood plan which includes common areas, amenities,common streets, etc, which is commonly found in a multiple family planned development.The other area identified was west of Mr. Lorenz's property on Oak Street. It was a multiple family residential neighborhood. These lots were subdivided in 1959/60. The number of units in the area does have a density which is consistent with the designation applied to that area, medium density residential, 6-15 units per acre. There was a question on whether or not the R-I-6 single family residential 6,000 ft. zoning designation was consistent with the low density general plan designation. The memorandum identifies that 6,000 sq. ft. lots and have a density of 6 dwelling units CITY COUNCIL MINUTES APRIL 19, 1994 13. PUBLIC HEARINGS (Continued) Council, over the years has discussed with The Irvine Company the potential for 5,000 sq. ft. lots. The memorandum includes a chart depicting the gross dwelling unit per acre figure for a theoretical 5,000 sq. ft. lot neighborhood would be approximately 7 1/4 units per acre. This is within the medium density range of6-15 units per acre. Mr. Lorenz's request is a 4790 sq. ft. lot and the density including local streets with a neighborhood of 4700 sq. ft. lots would be approximately 7 1/2 units per acre. The net density for that lot is over 9 units per acre.The Director of Community Development met with Mr. Lorenz and disucssed the possibility of a Granny Flat, but this did not meet the applicant's needs.Mr. Lorenz, 460 N. Milford Rd., reviewed the reasons for the appeal. Mr. Lorenz proposed, in the case of5,000 sq. ft. lots, within the 10,800 sq. lot, refigure the lot line adjustment and take a small amount of the existing property and create two lots that are not less than 5,000 sq. ft.The Director of Community Development commented the 5,000 sq. ft. lot comparison was to provide Council some perspective on past discussions. The 5,000 sq. ft. lots in this setting, a low density neighborhood, would not be appropriate.Bob Bennyhoff, 10642 Morada Dr., spoke in opposition and commented on The Irvine Company's Planned Unit Development project with 5,000 sq. ft. lots. Further, there have been plans to widen the Walnut bridge for many years.Peter Luadowski, 310 Toluca, spoke in support.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Murphy Spurgeon Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved that this project is categorically exempt from the California Environmental Quality Act per CEQA Guidelines, Section 15301.MOTION SECOND AYES NOES Murphy Coontz Spurgeon, Mayor Beyer, Coontz, Murphy Barrera Moved to deny Appeal No. 421 and Variance 1964-94 based on the fact that there is no supporting evidence to grant the Variance because the rights of the property owner for this property in the R- I-6 zone classification has not been deprived of property or privileges, and with the existence of the bridge at the time of the purchase of the property.Page II CITY COUNCIL MINUTES APRIL 19, 1994 13. PUBLIC HEARINGS (Continued) The City Manager and Public Works director were instructed to make sure the City will clean up the right-of-way in this area. TAPE 2290 13.2 APPEAL NO. 420, CONDITIONAL USE PERMIT 2054-94, MR. AND MRS.MAHMOUD HAIDAR: (A4000.0)Time set for a public hearing on petition by Mr. and Mrs. Mahmoud Haidar to appeal the decision by the Zoning Administrator on January 27, 1994 denying Conditional Use Permit 2054-94 to allow the serving of beer and wine within an existing restaurant ( Hassan's Lebanese Cuisine).Subject property is located at 421 North Glassell Street.NOTE: The project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines, Section 15303.THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:We are appealing the Zoning Administrator's action of denial based on the Police Department's findings. Specifically, we oppose the fact that a CUP would cause deterioration of bordering land uses or create special problems in the area. We are also appealing the protest by neighbors and the assumption that their protest referred to crime."MAYOR BEYER OPENED THE PUBLIC HEARING.The Director of Community Development reported there are approximately three off-sale businesses in close proximity and several restaurants. The Police Department has stated this area is in a heavily concentrated area and is a high crime area, which was one of the major reasons for the denial by the Zoning Administrator.Councilman Spurgeon recommended, based on past Council direction and reviewing the Zoning Administrator's action for denial, reclarification should be made and the item sent back to the Zoning Administrator for a rehearing vs. that of an Alcoholic Beverage Control hearing where the Police are involved.The Director of Community Development commented the findings by the Zoning Administrator indicated insufficient documentation at this time to support those findings and need some reanalysis and review.Speaking in opposition:Gene Wellsfry, 140 Crescent Bay Dr., Laguna Beach, owner of the majroity of single apartments located north of the restaurant.Jim Pine, Police Sergeant, commented the Police Department is protesting the request because of the high crime in the area. Within the census tracts there are six ABC licenses per tract and at this time, there are seven CITY COUNCIL MINUTES APRIL 19, 1994 13. PUBLIC HEARINGS (Continued) Speaking in favor: Robert Mickelson, 328 N. Glassell David Despasquele, attorney for the appellant, commented the restaurant has been a continuous, vital part of the City's business community since 1977; the appellants are responsible business owners and allowing a beer and wine license will not have a negative impact on the community. Beer and wine will not be sold with orders to go. Jerry Brown, 1724 Chumash, owner of the property at 418 N. Glassell, commented he has not seen any problems with beer and wine sales in the area. Council requested the City Manager to coordinate the activities of the Police Department and the Community Development Department to present Council with the facts rather than having each entity going in a separate direction. The City Manager remarked the City needs to encourage good facilities as opposed to a blanket approach. THE PUBLIC HEARING WAS CLOSED. MOTION SECOND AYES Spurgeon Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to refer the item back to the Zoning Administrator in an expeditious manner for a prompt decision based on prior Council direction one month ago in terms ofland use decisions which are the basis of granting or denying a CUP.The City Manager will work with staff to monitor the situation for a quick turnaround.TAPE3546 13.3 CONDITIONAL USE PERMIT 2053-94, VARIANCE 1962-94, ANTHONY J.FAVREAU: ( C3300.0)Time set for a public hearing on petition by Anthony J. Favreau to consider Conditional Use Permit 2053-94 to move a residential structure onto the property to be used as an accessory second unit, and Variance No. 1962-94 to exceed the maximum 640 square foot unit size allowed by code. Subject property is addressed 1901 West Palmyra Avenue.NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301.MAYOR BEYER OPENED THE PUBLIC HEARING.Councilman Spurgeon abstained from the item and left the podium due to a conflict of interest.Councilman Spurgeon lives within 300 ft ofthe property in question.The Director of Community Development presented the staff report. The Planning Commission recommended approval of the project.Page CITY COUNCIL MINUTES APRIL 19, 1994 13. PUBLIC HEARINGS (Continued) Speaking in favor: Anthony 1. Favreau, 1901 W. Palmyra, commented he had spoken to all his neighbors and received no opposition. Carole Walters, 534 N. Shaffer, remarked the Orange Taxpayers Association are in favor ofthis project THERE BEING NO FURTHER COMMENTS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION - Murphy SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Murphy ABSTAINED - Spurgeon Moved that this project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines, Section 15301.MOTION - Murphy SECOND - Coontz AYES - Barrera, Mayor Beyer, Coontz, Murphy ABSTAINED - Spurgeon Moved to approve Conditional Use Permit No. 2053- 94 as outlined in Planning Commission Resolution No. PC-6-94.MOTION - Murphy SECOND - Coontz A YES - Barrera, Mayor Beyer, Coontz, Murphy ABSTAINED - Spurgeon Moved to approve Variance No. 1962- 94 as outlined in Planning Commission Resolution No.PC-7-94.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS Lois Barke, 2022 Spurce, commented it is necessary to point out to Sheriff Brad Gates the legal and ethical previous agreements and commitments he has made to the City regarding Theo Lacy Jail.Carole Walters, 534 N. Shaffer, remarked on the proclamation for the Rams organization, that the City of Anaheim always gets the revenue and the City of Orange gets the traffic Page 14 CITY COUNCIL MINUTES APRIL 19, 1994 15. ORAL PRESENTATIONS (Continued) Bob Mickelson, 323 Glassell, commended Council on their action to set policy regarding the Conditional Use Permit 2054-93, Hassan's Lebanese Cuisine.16. ADJOURNMENT MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council adjourned at 9:05 P.M.t(h~ ~ a4dh'/~MARILYN J NSE W"CITY CLERK GENE BEYER GENE BEYER, MAYOR By9<~ 69~~ FRED L. ARRERA MAYOR PRO TEM Page 15