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04-26-1994 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA April 26, 1994 The City Council of the City of Orange, California convened on April 26, 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 - Mayor Beyer, Coontz, Murphy ABSENT - Spurgeon, Barrera (arrived at 3:04 p.m.)1.3 APPROVAL OF MINUTES Regular Meeting April 12, 1994.MOTION - Murphy SECOND - Coontz AYES - Mayor Beyer, Coontz, Murphy ABSENT - Spurgeon, Barrera ACTION: Approved. 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS A check in the amount of$ 2,600.00 was presented to the City by John Cleary from Target Stores for the City's Concerts in the Park program.Two local business recipients of State of California Integrated Waste Management W.R.A.P. (Waste Reduction Awards Program) awards were recognized. They were Marcel Electronics (recipient not present) and Dan Cravitz ofCravitz Enterprises. Mr.Cravitz donated adhesive-based bulletin board to the City (a product of his company).Recipient of the" 1993 Recycler of the Year" award for outstanding achievement in City Employee Recycling Program, Ruben Gallegos from Public Works was recognized. The following finalists were also recognized with certificates: Irene Carney, Susan Guzzetta,Geri Krencik, Sharon Le Blanc, John Mahony, Janice Marchan, Lisa Mattert, Daniel Saucedo, Donna Schnirl, Sherrill Stone, Diane Wilson and Eugenia Wong, accepting for Main Library Staff.1.5 PROCLAMATIONS A proclamation was presented to Judy Reynolds, honoring her on her retirement from Orange Elderly Services.PAGE 1 CITY COUNCIL MINUTES April 26, 1994 2. CONSENT CALENDAR - Tape 478 2. 1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of April 26, 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 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.2. 3Request Council authorize the appropriation of $3, 1 05.69 to Accounts 210-7011- 441300-1060, 210-7011-443500-1060, 210- 7011-443800-1060 from donations and registration fees carried in Account 210-7011-293900-1060. (C2500.N)FISCAL IMPACT: None. These are Dash for D.A.R.E. funds for the express purpose of payingDash for D.A.R.E. expenses.ACTION: Approved.2.4 Request Council accept check for $ 2,600.00 from Target Stores for payment of band performances. These funds are for the express purpose of Concerts in the Park program.C2500.N) FISCAL IMPACT: Appropriate $2,600.00 to expenditure account 210-7011-427800.There is no fiscal impact due to revenues in same amount in Account No. 210-7011-293900.ACTION: Approved. 2.5 CLAIMS FOR DAMAGES FROM (C3200.0)a. Mary Ann M. Sanchez FISCAL IMPACT: None.ACTION: Denied claim and referred to City Attorney and Claims Adjuster.b. Carlos Garcia (x-ref) California Compensation Insurance Company.FISCAL IMP ACT: None.ACTION: Denied application CITY COUNCIL MINUTES April 26, 1994 2. CONSENT CALENDAR (Continued) 2.6 Request Council approve an agreement with Municipal Resource Consultants (MRC) for Revenue Enhancement Audit Services for a fee of25% of new revenue. (A2100.0 AGR- 2211) FISCAL IMP ACT: Not determined at this time. ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. MOTION - Barrera SECOND - Coontz AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy All items on the Consent Calendar were approved/denied as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER Mayor Beyer read the numbers of maximum security prisoners in Theo Lacy jail, which have increased from 48 to 59 and 60 over the past several days. Councilwoman Coontz commented that the relocation of the pound being proposed by the County would cost the City approximately 6 million, which is a lot of money in a tight budget situation. Orange is being impacted strongly by this, and she does not feel the situation should be ignored.4. REPORTS FROM COUNCILMEMBERS Councilwoman Coontz reported the minority report of the Integrated Waste Management Commission was successful. The recommendations of the previous meeting of the Waste Management Board were overturned by a majority of members of the Integrated Waste Management Commission. There will be further study to hopefully prevent the increase in gate fees to the City and County of Orange.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS 6. 1 Report from Police Department on institution of a reward for the Graffiti Removal Program. (C2500.N.4) Chief Robertson complimentedDetective Nanigan for his work and great progress in combatting graffiti in the City of Orange.PAGE 3 CITY COUNCIL MINUTES April 26, 1994 6. ADMINISTRATIVE REPORTS (Continued) MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to receive and file report.7. REPORTS FROM CITY MANAGER - Tape 918 7.1 Report from City Manager regarding waiver offees for Crest de Ville homeowner Rick Wooley, who suffered damage in the Stagecoach fire. (C2500.E.l)Council questioned how other requests of this type would be handled. The City Manager indicated they would be handled on an individual basis, but this case was considered a catastrophic loss.MOTION - Murphy SECOND - Mayor Beyer AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to waive building permit and plan check fees in an amount up to $2,600.00 for homeowner Mr. Rick Wooley, who lost his home in the 1993 Stagecoach Fire.8. LEGAL AFFAIRS 8.1 RESOLUTION NO. 8323 A Resolution of the City Council of the City of Orange authorizing the payment of a reward for information leading to the conviction of a person willfully damaging or destroying property not his own by the application of graffiti. ( C2500.N.4)MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy That Resolution No. 8323 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 Carole Walters, 534 N. Shaffer, expressed her concern over the Library Board of Trustee meetings and minutes. The minutes say the City Manager addressed the Old Towne Preservation Association, rather than the Orange Tax Payers Association. She is opposed to any new taxes of any type. One Library Board member is supporting SB 1448 and she is quite upset about it.PAGE 4 CITY COUNCIL MINUTES April 26, 1994 10. ORAL PRESENTATIONS (Continued) Ms. Walters attended the downtown Task Force meeting regarding a parking structure in the downtown area. She is concerned about comments made by Historic Planner, Dan Ryan. It was mentioned that Chapman University wants a parking structure, which she claims they cannot have until they buyout all the property in the area. Councilwoman Coontz requested the Planning Guide be reviewed. There are some items Council asked to have agendized. The City Manager will handle this. 11. RECESS MOTION - Mayor Beyer SECOND - Barrera AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council recessed at 3:45 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel- existing ligiation (Government Code Section 54956.9 [a]):City of Orange vs. Refco Securities, Inc. NASD Arbitration No. 92-03685.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.7:00 P.M. SESSION 12. INVOCATION Given by Steve Norris, Chairman, Christian Businessmen's Committee of Orange 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS 12.3 INTRODUCTIONS - None.12.4 PROCLAMATIONS Aproclamation honoring " Hire a Veteran Week" was accepted by Armando Berumen, Veteran Employment Representative.A proclamation proclaming April as "National Community College Month" was accepted by Dr.Vivian Blevins and Pete Maddox of Rancho Santiago College.12.5 PRESENTATIONS - None.PAGE 5 CITY COUNCIL MINUTES April 26, 1994 13. PUBLIC HEARINGS 13.1 CONDITIONAL USE PERMIT 2048-94, GRADY HANSHAW AND BOB HANCOCK:Time set for a public hearing on petition by Grady Hanshaw and Bob Hancock to consider Conditional Use Permit 2048-94 to allow the off-sale of beer and wine (sold within containers and consumed off the site) in conjunction with the sale of motor fuel. Subject property is zoned C-l Limited Business) District and is located at 1234 N. Main Street.NOTE: This project is categorically exempt from environmental review per California Environmental Quality Act, Section 15301.The Director of Community Development reported the Zoning Administrator recommends approval, subject to the following conditions:1. The display of beer and wine for sale shall be restricted to the five refrigerator lockers as indicated on the approved site plan that is on file with the Department of Community Development.2. The sale of beer and wine coolers shall be restricted to only a four or six pack, and the sale of individual containers of such beverages, whether a bottle or can, shall not be allowed. The applicant shall also install signs above the refrigerator units displaying the beer and wine stating the following:BEER MAY BE PURCHASED ON THIS PREMISES ONLY IN QUANTITIES OF A SIX-PACK OR MORE."WINE COOLERS MAY BE PURCHASED ON THIS PREMISES ONLY IN QUANTITIES OF A FOUR-P ACK OR MORE."3. The activity of the business shall be monitored by the Crime Prevention Bureau to establish the level of police services required 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 shall be brought back to the Zoning Administrator and City Council for possible revocation. MAYOR BEYER OPENED THE PUBLIC HEARING.The following people spoke:Applicant Grady Hanshaw, 107338 Santiago Blvd., Villa Park, requested the restriction on selling individual cans or bottles of wine coolers or beer be lifted. He is concerned about the safety of his employees should they encounter a hostile customer who wants to purchase only one bottle or can of beer or wine and does not have money to purchase more. He mentioned another convenience store in the area which does not have this restriction.Police Chief Robertson indicated this condition is utilized to reduce the number of incidents on the property and to discourage people from buying a single can of beer and drinking it in the car while driving CITY COUNCIL MINUTES April 26, 1994 13. PUBLIC HEARINGS (Continued) The Chief indicated if the application were to come before them now, they would protest issuing a license to the convenience store mentioned by the Applicant, based on undue concentration and high crime. This condition is required on all gas stations receiving approval to sell alcoholic beverages. The Police Department feels it has greatly reduced the incidents of crime on site, and also discourages the transient population from utilizing these facilities to purchase a single container. They have no documented reports of store clerks being threatened for not selling a single can at gas stations with this same restriction. Councilwoman Coontz questioned the logic of this. She mentioned encountering a person consuming an entire six-pack of beer in front ofa Savon Drug Store. The Police Chief indicated this strategy was developed by the State of California to help local government control incidents of crime at this type of establishments after local communities lost the ability to prevent gas stations from dispensing alcohol.Mayor Pro Tern Barrera asked if the employees working late at night dispensing alcohol were required to be knowledgeable in English, and over 21 years of age. The Director of Community Development responded that the law requires them to be over 21 years of age, but there is no requirement to know English.Lois Barke, 2022 Spruce, thought the single container might encourage people to purchase in Orange, rather than waiting to purchase at an event at the Anaheim Arena, which is quite close. Since the City does not get revenue from the Arena or the Anaheim Stadium, perhaps they could get revenue from alcohol purchases of people attending functions at those locations. She asked about checking on the CUP to see how it is working. The Director of Community Development responded that City regulations provide for review of a Conditional Use Permit after six months of operation to determine if the retail sales of alcoholic beverages at or on the premises are and continue to be an insignificant portion of total retail sales and to determine if such use should continue. Gene Summers, 1539 E. Candlewood Avenue, felt the state did cities a disservice when they passed a law taking away local control over liquor. When requests for sale of alcohol come up, it seems almost automatic they be approved, but last week Council kicked back a restaurant request for sale of alcohol because the Police Department felt this would be a problem.Mr. Summers felt Hassan's Restaurant request should have been approved. Council mentioned this request was continued and not denied.Jeff Black, 6142 Allison, a consultant to the Applicant, stated that Arco has commissioned and published studies on the coincidence of alcohol-related problems and accidents and crime in convenience store/gasoline-type outlets vs. similar incidences with alcohol purchased elsewhere, such as in liquor stores. They found no corelation that convenience of purchase with a gasoline outlet increased incidence of crime. Mayor Beyer commented the study loses credibility, considering Arco has so many businesses of this type. THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED. PAGE 7 CITY COUNCIL MINUTES April 26, 1994 13. PUBLIC HEARINGS (Continued) MOTION - Spurgeon SECOND - Coontz AYES - Spurgeon, Barrera, Coontz, Murphy NOES - Mayor Beyer Moved that this project is categorcially exempt from environmental review per California Environmental Quality Act, Section 15301.MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera, Coontz, Murphy NOES - Mayor Beyer Moved to approve Conditional Use Permit 2048-94 as outlined in the Zoning Administrator's Report dated January 20, 1994.14. PLANNING AND ENVIRONMENT - None.15. ORAL PRESENTATIONS - None.16. ADJOURNMENT MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy Moved to adjourn at 7:35 p.m. The City Manager announced the the Adjourned Regular Meeting scheduled for May 3, 1993 at 5:00 p.m. regarding the 1994-95 budget has been cancelled.Marilyn J. Jensen Marilyn J. Jensen, C.M.C.City Clerk Gene Beyer Gene Beyer, Mayor By:Cassandra 1. Cath a Deputy City Clerk d red L. Barrera, Mayor Pro Tern jdh PAGE 8