09-13-1994 Council MinutesAPPROVED BY THE CITY COUNCIL ON
CITY COUNCIL MINUTES
OF A REGULAR MEETING
SEPTEMBER 2) 1994
ORANGE, CALIFORNIA
SEPTEMBER 13,1994
The City Council of the City of Orange, California convened on September 13, 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, Coontz, Murphy ABSENT -
Mayor Beyer 1.3
APPROVAL OF MINUTES Regular Meeting
August 16, 1994.MOTION - Coontz
SECOND - Murphy AYES -
Spurgeon, Barrera, Coontz,
Murphy ABSENT - Mayor Beyer ACTION: Approved.
Regular Meeting August 23,
1994,MOTION -
Murphy SECOND - Coontz AYES - Spurgeon,
Barrera, Coontz, Murphy
ABSENT - Mayor Beyer
ACTION: Approved,1.4 PRESENTATIONS/ ANNOUNCEMENTS/
INTRODUCTIONS - None 1.5
PROCLAMATIONS Proclamation
honoring International Literacy Day, September 8, 1994
was presented to
Roseanne Miller, Literacy Coordinator.Orville Placial, Director of Personnel, was presented
a proclamation on his
retirement.PAGE 1 r-
CITY COUNCIL MINUTES SEPTEMBER 13,1994
2.CONSENT CALENDAR TAPE 285
2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a
regular meeting of September 13, 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 paymentofdemands.
ACTION: Approved,
2.3 Request from Holy Family Cathedral for permission to conduct their annual church fiesta,
Old California Days" on September 23, 24 and 25, 1994 from 12:00 noon to 10:00 p.m,
and waive fees, (p1300,O,9)
FISCAL IMPACT: None, All fees and requirements will have been met prior to the
event.
ACTION: Approved,
2.4 Request Council approve the request from the Knights of Columbus #4922 to conduct
their annual "Tootsie Roll Drive" on October 14 to 16, 1994 from 10:00 a,m, to 10:00
p,m, (p1300.0,9)
FISCAL IMPACT: None, All fees and requirements will have been met prior to the
event.
ACTION: Approved.
2.5 Request for installation of red curb markings in conjunction with the relocation of bus
stops on Glassell St. in proximity to:
a) Lincoln Ave.; and
b) Blueridge Ave, (S4000,S,3,1.l)
FISCAL IMPACT: Sufficient funds are budgeted III #250 Traffic Safety funds.
ACTION: Approved,
2,6 Request for a driveway vision zone on Poplar St. at the entrance to the OrangewoodBusinessPlaza, (S4000, S.3 ,1,1)
FISCAL IMPACT: Sufficient funds are budgeted in #250 Traffic Safety funds,
Page 2
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CITY COUNCIL MINUTES SEPTEMBER 13,1994
2. CONSENT CALENDAR (Continued)
ACTION: Approved,
2,7 Request for the installation of a driveway vision zone at 440 E, Almond Ave.
S4000.S,3,1.l)
FISCAL IMPACT: Sufficient funds are budgeted in #250 Traffic Safety funds.
ACTION: Approved.
REMOVED AND HEARD SEP ARATEL Y)
2,8 Request to re-evaluate the 'All-Way' STOP control devices at the intersections
of Walnut Ave, at Center St., and Walnut Ave, at Grand St. (S4000,S.
3.3)FISCAL IMPACT: Sufficient funds are budgeted in #250 Traffic
Safety funds,The Traffic Engineer indicated it was concluded through traffic studies that the
stops at Grand and Walnut Streets be removed and restored to a one-way stop
for Grand. Also recommended is removing the marked pedestrian crosswalk at that
location. The all-way stops at Walnut and Center still have a high pedestrian volume,
This intersection does not meet warrants for all-way stops except for the high
pedestrian movement. For this reason,staff and the Traffic Commission recommends removal of the
all-way stop should not be done at this time, The Traffic Commission
felt the City should contact Chapman University to discuss having a
major pedestrian walkway implemented, The proposed location would be on the east side of the
stadium midway between Center and Walnut,augmented by a pedestrian actuated traffic signal.
Currently, the University
does not deem this proposal feasible,Councilwoman Coontz commented the Specific Plan
for the area included monitoring the circulation in and around Chapman University with
changes to be made to accommodate any increased traffic, Regarding the proposed
pedestrian crossing, it was suggested when the City approaches Chapman University that the
message of the Specific Plan be mentioned, and that the proposal fits into the
traffic
mitigation policy decision of the Council.The following people spoke in opposition to
the removal of the stop
signs:Lucietta Johnson, 512 N.
Grand Michelle Shaffer, 1103 W, Walnut Carole Walters, 534 N. Shaffer, suggested Chapman
University pay for the installation of the pedestrian signal
because they are
impacting the neighborhoods.
MOTION - Murphy SECOND - Coontz AYES - Spurgeon,
Barrera, Coontz, Murphy ABSENT -
Mayor Beyer
Page
CITY COUNCIL MINUTES SEPTEMBER 13,1994
2. CONSENT CALENDAR (Continued)
Moved to adopt staff recommendations pertaining to the intersections of Walnut and
Center and Walnut and Grand Streets. Reference to be made to the Specific Plan and the
vehicular concerns that were discussed at that time. The City Manager was instructed to
make direct contact with Chapman University.
REMOVED AND HEARD SEPARATELY)
2.9 Request for the installation of rumble strips on Calle Grande south of Chapman Ave.
S4000,S.3)
FISCAL IMPACT: None.
Councilman Murphy indicated a three-way stop was suggested as an option to this item
at a recent Traffic Commission meeting, and asked if it had been re-scheduled,
The Traffic Engineer reported it is on the Traffic Commission's Agenda on September
14, 1994.MOTION -
Murphy SECOND - Coontz
AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT -
Mayor Beyer Moved to
continue this request to September 20, 1994 meeting.NOTE: The
City Manager indicated the item would be placed on the Agenda as soon after the
Traffic Commission meeting as possible,2,10
Request Council approve authorization for advertising to invite bids for Santiago Canyon Road, Phase
II, from Hunters Way to Newport Boulevard, S,P.2940. (S4000,S.3.7)FISCAL IMPACT:
None,ACTION: Approved.
2,11
Request Council approve Contract Change Order No, 2 in the amount of $97,357,27 to Sully Miller
Contracting Company for Villa Park Road/Santiago Canyon Road, Bid No.934-13, (
A2100,O.Agr.2186)FISCAL
IMPACT: $4,434.49is budgeted in Gas Tax Funds for this project. $92,922.79 in
additional appropriations are requested for this project (this money will be reimbursed by
the County).ACTION:
Approved,2,
12 Request Council approve an Easement Deed and Agreement with the County of Orange foranundergroundwaterservicelineattheCounty's Juvenile Hall facilities, located on the
east side of The City Drive, south of Chapman Avenue, (D4000,O)FISCAL
IMPACT: None,Page
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CITY COUNCIL MINUTES SEPTEMBER 13,1994
2. CONSENT CALENDAR (Continued)
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
2.13 Request Council authorize the transfer of Proposition 172 funds in the amount of
23,850.00 for modification of existing Mobile Data Terminal system software, to be
functional with the new computer system at North Net. (C2500,H)
FISCAL IMP ACT: Funding for this project will be taken from the Proposition 172 fund
and will not impact the General Fund, Funds to be transferred from Account No, 120-
4011-491601-2231 to Account
No, 120-
3021-471301-2510.ACTION: Approved,2,14 Request Council approve updated
North Net Joint Dispatch Agreement.A2100.
0.Agr,OI60, 1 ,D)FISCAL IMP ACT: None, unless other agencies join or
withdraw from
the North Net communications system,ACTION: Authorized Mayor and City Clerk to execute agreement
on behalf of the City.REMOVED
AND HEARD SEP ARATEL Y)2,15 Request Council authorize receipt of donated funds from Jack in
the Box restaurant in the amount of$250.00 for distribution to the Orange
County Burn Association. (C2500,H)FISCAL IMPACT: Accept receipt to
Account No, 100-293900-01235 (Donations) and appropriate
to Account No, 100-3011-427800-01235 (Other Contractual Services),
Council acknowledged Jack
in the Box
for donating the funds,MOTION - Murphy
SECOND - Coontz AYES - Spurgeon,
Barrera, Coontz,
Murphy ABSENT - Mayor Beyer
ACTION: Approved,REMOVED AND HEARD SEPARATELY)2,16 Request Council accept the gift ofa quilt from the
members of the Denwar Craft Studio,who made it as a wall hanging for the Children's Section
of the Main Library, based on posters drawn by Orange school children. The quilt will be rotated
to hang also in the EIModena
and Taft Branch
Libraries, (C2500.I)FISCAL IMPACT: None.Council acknowledged those
individuals who participated in the project.The Children's Services Supervisor
of the
Library
introduced
CITY COUNCIL MINUTES SEPTEMBER 13,1994
2. CONSENT CALENDAR (Continued)
MOTION - Coontz SECOND -
Murphy AYES - Spurgeon,
Barrera, Coontz, Murphy ABSENT - Mayor Beyer
ACTION: Approved.REMOVED AND
HEARD SEPARATELY)
2.17 Request Council
approve an amendment to the Agreement for Improvement of Jamboree Road between Irvine Boulevard
and existing Chapman Avenue, and approve authorization for advertising to invitebidsforJamboreeRoadlandscapeimprovements.A2100.0.Agr.1409.B)FISCAL IMPACT: No impact
on budget. All costs will be paid by Tustin's Assessment District No, 86-2,
Councilwoman Coontz reported
residents of Santiago Hills have inquired why the landscaping has not
been installed on Jamboree, In 1988 the City of Orange, Tustin and The Irvine Company
entered into an agreement for the improvement of Jamboree Road.According to staff,
the reason this had been held up was because of a low point in the intersection at Canyon
View and Jamboree, which needed to be addressed by the engineers. This recommendation
proceeds with the landscaping with the exception of the low point, whichwillbecompletedassoonastheengineeringisaccomplished, This will be paid forbytheCityofTustinunderthe1988agreement.MOTION - Coontz SECOND -
Murphy AYES - Spurgeon,
Barrera, Coontz, Murphy
ABSENT - Mayor Beyer ACTION: Approved and
authorized Mayor and City
Clerk to execute on behalf of the City,2,18 Request Council award a
contract
in the amount of $274,880,00 to Giangregorio Construction for the Santiago Creek Restoration, GlassellStreetto800feetnorthofChapmanAvenue. Bid No, 945-07, (A2100.
0,Agr.2290)FISCAL IMPACT: $229,455,00 has
been budgeted in Santiago Creek Restoration funds for this project. $45,425,00inadditionalappropriationstoAccountNo, 550-5011-483400-5383 are requested for
this project.ACTION: Authorized the Mayor
and City Clerk to execute on behalf of City.Page 6 I
CITY COUNCIL MINUTES SEPTEMBER 13, 1994
2. CONSENT CALENDAR (Continued)
2.19 CLAIM FOR DAMAGES FROM: (C3200,O)
a. Lila Beavans
FISCAL IMPACT: None,
ACTION: Denied claim and referred to City Attorney and Adjuster.
2.20 Request from County of Orange for temporary closure of Water Street between ChapmanandAlmondonSeptember27thbetween9:00 a,m, and 2:30 p.m, to conduct a newemployeeorientation, (S4000S.4)
FISCAL IMPACT: None,
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.21 Request Council approve agreement with Oman Forecasting Service to review the City'streasurymanagementprogramandprovideinvestmentadvicewhenneeded,A2100,O,Agr.2291)
FISCAL IMPACT: Funds up to $32,000,00 will come from salary savings, due to theTreasurer's change from full to part-time
employment.The Assistant City Manager reported Mr. Bob Oman will be working 2-4 hourseverydayprovidinginvestmentadvicetotheCityTreasurerandstaff. Mr. Oman willconductamanagementauditoftheTreasurer's
management operation,Councilwoman Coontz commented Council established the existing policyandpursuednewpoliciesforthereconstructionoftheactivitiesoftheCityTreasurerregardinginvestments, Councilwoman Coontz asked for the status of the outside committeethatisanadvisorycommitteetotheFinanceCommittee. This committee wasauthorizedbyCouncilpolicytoassisttheCityTreasureroroutsideconsultantinmakinginvestments.Also requested was a status report on the reduction of the City's investmentwiththeCounty, It was suggested a review of Council's policies be conductedtoascertainwhetherthesepoliciesarebeingadheredto, Concern was expressedthatimplementationofCouncilpolicieswasdelayedornottakingplace. There is a sense of immediacytothis
investment issue,The City Manager commented he did not expect Mr, Oman to be the last wordontheinvestmentpolicyoftheCity, The Council has adopted a policy on how the fundsaretobeinvested. The intent is to have Mr. Oman be an assistant to staff in termsoftheTreasurer's management program in order to have his expertise now because there
is not
Page 7
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CITY COUNCIL MINUTES SEPTEMBER 13,1994
2. CONSENT CALENDAR (Continued)
as much expertise from the Treasurer's Office now. Mr. Oman will only be an advisor to
the Investment Committee. In terms of an expanded role for the advisory committee, it is
an admirable thing to do and Mr. Jeffers, Financial Consultant, has given advice on this
effort. A status report will be presented to Council shortly.
Councilman Spurgeon indicated that some time ago he suggested seeking assistance from
the County Treasurer's Office in terms of some portions of the City's portfolio.
Bob Bennyhoff, 10642 Morada Dr., asked what is the City's policy regarding the County
investments? Mr. Benyhoff also asked when the Finance Director will be appointed?
The City Manager indicated the final interviews for Finance Director are scheduled for the
next week.
Mara Brandman, 1793 Equitation Way, asked who was on the Investment Committee,
how it operates, its scope of work and how the committee members will interact with Mr,
Oman?
The City Manager remarked the Investment Committee is made up of the Treasurer,
Finance Director and City Manager. The investment policy and investments are reviewed
quarterly. There are specific investment guidelines which are double checked and the
committee is confident the investment policy is being handled and followed, The City is
investing with the County pool and has not taken any funds out. The only change was as
the trans investment came due, it was adjusted because of conditions in the State and
F ederallaw that restricted the amount of trans the City could invest. The City Manager
discussed the pros and cons of the Treasurer being elected,
MOTION - Murphy SECOND -
Coontz AYES - Spurgeon,
Barrera, Coontz, Murphy ABSENT - Mayor Beyer
ACTION: Approved budget transfers
and authorized Mayor and City Clerk to execute on behalf of the City
and Council-approved budget transfers,REMOVED AND HEARD
SEP ARATEL Y)2.22 Request
Council approve corrections to 1994/95 budget. (C2500,J.l.l)FISCAL IMPACT:
Increase of $6,278.00 to General Operating Budget; increase of 34,000.00
to Water Enterprise Budget; reduction of $4,657,00 to Sanitation Enterprise Budget; and increase
of$15,241.00 to Redevelopment Budget, for a total budget increase of$50,862,
OO,Councilman Murphy indicated
he had heard the answer to his question and there was no need to discuss
the item,Page 8 1---
CITY COUNCIL MINUTES SEPTEMBER 13, 1994
2. CONSENT CALENDAR (Continued)
MOTION - Murphy SECOND -
Coontz AYES - Spurgeon,
Barrera, Coontz, Murphy ABSENT - Mayor Beyer
ACTION: Approved,MOTION - Murphy
SECOND - Spurgeon
AYES - Spurgeon, Barrera,
Coontz, Murphy ABSENT -
Mayor Beyer Items 2,8,2,
9,2,15,2,
16,2,17,2,21 and 2,22 were removed and heard separately; all other items on the Consent Calendar were approved/
denied as recommended,END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR
BEYER - None 4. REPORTS
FROM COUNCILMEMBERS - None 5.REPORTS FROM CITY
CLERK TAPE 2100 5.1 Report
from City Clerk on surplus property bid
award. Location: the south side of Santiago Canyon Road across from Hunters Way. (P2500.0.1)
The City Clerk reported on September 8, 1994 no bids
were received, The Real Property Manager will be evaluating the bid and report to Council
at a later time,Councilwoman Coontz indicated there were neighbors in the area that
were interested in the property because of grading and drainage problems in the area.
However, the price of $204,000 was very high, Councilwoman Coontz asked where the funds would
go to purchase the property.The City Engineer reported Gas Tax revenues were used to
purchase the property.Mara Brandman, 7319 Equitation Way, asked the following questions: 1)
Were the adjoining property owners were noticed? 2) Is the property located near
a trail? 3) Requested a schematic of the location, 4) Could this be presented to
Orange Park Acres Association for their consideration? .The Real Property Manager commented when the City purchased
the
property for right-of-way purposes, the property owner wanted to move, so
the City spent $380,000 for the lot which included relocation costs, The sale of the property
has been advertised with very few calls.Page 9 r
CITY COUNCIL MINUTES SEPTEMBER 13,1994
5. REPORTS FROM CITY CLERK (Continued)
MOTION
SECOND
AYES
ABSENT
Coontz Murphy
Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
Moved to approve
the report.6. REPORTS FROM
BOARDS, COMMITTEES, AND COMMISSIONS - None 7.ADMINISTRATIVE REPORTS 2289
URGENT ITEM - Memorandum From
the Director of Community Development, Sign Code Compliance (Copy on file
in the City Clerk's Office.) (A2500.0-Signs)MOTION SECOND AYES ABSENT
Murphy
Coontz
Spurgeon,
Barrera,
Coontz, Murphy
Mayor Beyer
Moved that the need to
discuss the urgent
item arose after the posting of the Agenda.The Director of Community Development reported complaints were
received from individuals in the community regarding community appearance, safety, and fairness
in implementation of sign regulations. During the past few years Council has
granted a moratorium on the time limit during which banners are allowed to remain. This was
requested by the business community.The Community Development Department did identifY a number
of signs on East Chapman Avenue that do not comply with the adopted
standards. Among those are the chicken, gorilla and horse signs. Each of these received a Notice
of Violation; a notice to the owner that the sign does not comply with City regulation. In this case
a variance from the sign code would be required and would allow for a public hearing and input
from neighbors and other interested citizens. The cost to process a variance before the Zoning Administrator
and perhaps the Council is approximately 400.It is the intent of the Director
of
Community Development to not issue citations while discussions with the business community and Chamber of Commerce
are ongoing.Council discussion ensued regarding the issue of banners
and animal signs being two different issues. It was suggested the rooster and horse
be considered landmarks and any fees involved should be waived.Councilwoman Coontz commented if there
are ongoing discussions
with the Chamber of Commerce regarding potential policy changes, Council needs to
be informed.Brent Hunter, Executive Director of the Chamber of
Commerce, 44 Plaza Square, announced the Chamber meeting is scheduled for September 19, 1994,
4:00 P.M. at the Rib Trader.r-Page 10
CITY COUNCIL MINUTES SEPTEMBER 13,1994
7. ADMINISTRATIVE REPORTS (Continued)
The following people spoke in favor of the rooster and horse staying where they are with no
violations:
Bob Bennyhoff, 10642 Morada Dr.
Alice Clerk, 205 N. Pine
Carole Walters, 534 N. Shaffer
Mara Brandman, 7319 Equitation Way
MOTION
SECOND
AYES
ABSENT
Murphy Coontz
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer Moved
to direct staff
to recognize the rooster and horse as landmarks and handle them accordingly through an administrative
waiver, such that no fees would be applied to this particular process. Ongoing input from
both the Chamber of Commerce and staff concerning direction on the sign ordinances as
a result of public meetings and other input so Council can review at the reasonableness of the overall
sign ordinance and its effects on the business community.The City Manager clarified
the motion to indicate the two signs are unique and historical; they would require a variance,
but all fees would be waived.Council discussed opposition to
the $400 hearing fee and noted if the landmarks could not be handled administratively, the City
Attorney could further investigate the issue.8. REPORTS FROM CITY
MANAGER - None 9. LEGALAFFAffiS 9.1 RESOLUTION
NO. 8371
A Resolution of the City
Council of the City of Orange approving Lot Line Adjustment LL 94-3 adjusting a lot line
of certain real property situated at 1847 and 1901 W. Palmyra Avenue.Owners: Favreau Family Trust -
1990 and James and Shirley Florance (C2500.M.16.1)MOTION - Coontz SECOND - Murphy AYES -
Barrera, Coontz, Murphy
ABSENT - Mayor Beyer
ABSTAINED - Spurgeon That Resolution No.
8371 as introduced be
adopted and same
was passed and adopted by the preceding vote.Note: Councilman Spurgeon abstained from voting on this
issue due
to a conflict of interest.Page 11 r
CITY COUNCIL MINUTES SEPTEMBER 13, 1994
9. LEGAL AFFAffiS (Continued)
9.2 RESOLUTION NO. 8382
A Resolution of the City Council of the City of Orange finally accepting the completion of a
certain public work and improvement; Bid No. 934-24; John T. Malloy, Inc. Lemon Street
Sewer:Chapman to Palm and Kelly to Palmyra. (A2100.0.Agr.
2238)
MOTION
SECOND
AYES
ABSENT Coontz
Barrera Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
That Resolution No.
8382 as introduced be adopted and same was passed and adopted by the preceding vote.9.
3 ORDINANCE
NO. 19-94 An Ordinance
of the City Council of the City of Orange adding sections to various chapters of Title 17
of the Orange Municipal Code pertaining to affordable housing. (A2500.0-Housing)MOTION
SECOND
AYES
ABSENT
Murphy
Coontz Spurgeon,
Barrera, Coontz,
Murphy Mayor Beyer That Ordinance
No. 19-94
have second reading waived and be adopted and same was passed and adopted by the preceding
vote.10. RECESS TO THE
MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. ORAL PRESENTATIONS SKATEBOARD
PARK The following
speakers requested
the City to consider building a skateboard park:Tyson Eckl, 235 S.
Olive Daniel and Eric Christensen,
200 N. Grand #79 Xavier Conteras, 127 N.
Parker Jason Winters, 1717 W.
Beverly Police Chief Robertson commented
the City of Huntington Beach built a skateboard park with private donations.1-Page
12
CITY COUNCIL MINUTES SEPTEMBER 13,1994
11. ORAL PRESENTATIONS (Continued)
Bob Bennyhoff, 10642 Morada Dr., complained about rollerblading and its problems.
Alice Clark, 205 N. Pine, suggested the Skating Rink.
Carole Walters, 534 N. Shaffer, commented the City should to something for the kids.
The Director of Community Services reported there are two roller hockey rinks proposed at the
Peralta site.
RAMS PARK
Alice Clark 205 N. Pine St., referred to an Orange County Register newspaper article regarding
plans for a Rams Training Facility and asked if this was another Anaheim project. Mrs. Clark
indicated no one cares about whether they stay or not.
The City Manager commented the Rams are a major employer for the County of Orange and it
would take a major effort county-wide to accomplish the project. Discussions are ongoing
and the intent is to have the Rams park
self-supporting.
12.
RECESS
MOTION
SECOND
AYES ABSENT
Murphy Barrera
Spurgeon, Barrera, Coontz, Murphy Mayor
Beyer The City
Council recessed at 5 :20 p.m. to a Closed Session for the following purposes:a. Conference
with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a):
This item was
deleted from the Closed Session: City Attorney deleted this item: National Advertising vs. City
of Orange, United States District Court Case No. CV 85-4968 TJH(Kx).This item
was deleted from the Closed Session: City of Orange vs. United Pacific Insurance Company, et
aI., Orange County Superior Court Case No. 72 42 36.City of
Orange vs. Ronlov, et aI., United States District Court Case No. CV-92-7627 RJK.
The following items were added to the Closed Session:
City of Orange vs. Lumberman's Casualty Company, Orange County Superior Case No. 71
8262
City of Orange vs. Orange County Sheriff, Orange County Superior Case No. 72 97 18.
b. Conference with Legal Counsel - anticipated litigation.Page
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CITY COUNCIL MINUTES SEPTEMBER 13, 1994
12. RECESS (Continued)
Initiation oflitigation pursuant to Government Code Section 54956.9(c) (two potential cases).
c. 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.
The following item was added:
d. Under the provisions of the Government Code 54957, personnel item regarding the
appointment of the position ofpjre Chief.
7:00 P.M. SESSION
13. INVOCATION
Pastor O. I. Cricket Harrison, First Christian Church
13.1 PLEDGE OF ALLEGIANCE TO THE FLAG
13.2 ANNOUNCEMENTS
The City Manager announced the appointment of Dave Rudat as Fire Chief.
13.3 INTRODUCTIONS - None 13.
4 PROCLAMATIONS Proclamation
honoring Constitution Week, September 17 through 23, 1994 was accepted by
Councilwoman Coontz.13.
5 PRESENTATIONS - None 14.PUBLIC
HEARINGS TAPE 5073 14.1
MODIFICATION TO CONDITIONAL USE PERMIT 1906-91, JORDAN-VALLI
ARCHITECTS REPRESENTING DONALD HUNT: (C3300.0)
Time set for a public hearing on petition by Jordan-Valli Architects to consider modifications
to Conditional Use Permit 1906-91 to allow the construction and operation of a
self-storage facility.The proposal is to revise the site plan by adjusting the property boundaries, shifting
the project's public entryway to the south and adding building area. Subject property is
located north of Chapman Avenue and west
of McPherson Road.NOTE: Previously certified Negative Declaration 1381-91
evaluated the environmental
impacts of
this
CITY COUNCIL MINUTES SEPTEMBER 13,1994
14. PUBLIC HEARINGS (Continued)
MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.
The Director of Community Development reported the application was originally approved in
August, 1991, with a zone change and conditional use permit to allow the mini warehouse
construction. Since that time there has been an exchange of property with the adjacent office
building; a small piece of the City's Resource Center property was purchased to square off the
property lines; and those things have resulted in some minor modification to the site plan. The
entryway has moved closer to Chapman Avenue which has improved the project. The Planning
Commission recommended approval.
The City Attorney identified the following documents: Transmittal/Memorandum to Council
from the Director of Community Development, Transmittal to Council from the Planning
Commission, Planning Commission Resolution No. 22-94, the minutes of the
Planning Commission meeting on June 6, 1994, a staff report regarding CUP 1906-91, the
application, a letter dated April 5, 1994 which requested the modification of this CUP, and the
revised Negative Declaration 1381-91 with
the initial study.Bruce Jordan representing Hunt Enterprises, 34700 Pacific Coast
Highway, Capistrano Beach,commented this proposal would be beneficial to the project and the
surrounding community. This is a difficult piece of property. The site will afford greatly enhanced security
for the adjacent residential neighborhood. The project will not generate traffic and will be a
quiet neighbor. The Lot Line Adjustment will resolve some issues with the encroaching office
building. The transfer ofland will facilitate access behind the office building to solve drainage problems
and will also clean up the code violations that exist there. The original conditions of approval
will
remain in-tact.THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM
BARRERA CLOSED
THE
PUBLIC
HEARING.
MOTION
SECOND AYES
ABSENT Spurgeon
Coontz Spurgeon, Barrera, Coontz, Murphy
Mayor Beyer Moved
to approve the revised Negative Declaration 1381-91 and find there is no substantial
evidence that the project will have a significant impact on the environment or wildlife resources.
MOTION
SECOND
AYES
ABSENT
Spurgeon
Murphy
Spurgeon, Barrera, Coontz, Murphy
Mayor Beyer Moved
to approve the modification to Conditional Use Permit 1906-91 as outlined in Planning
Commission Resolution No. PC-
22-
94.T
CITY COUNCIL MINUTES SEPTEMBER 13,1994
14. PUBLIC HEARINGS (Continued)
TAPE 5450
14.2 APPEAL NO. 422, CONDITIONAL USE PERMIT 2067-94, MEHDI
RAFATY SUEDE RESTAURANT AND BILLIARDS): (A4000.
0)Time set for a public hearing on petition by Mehdi Rafaty, owner of Suede Restaurant
and Billiards, to appeal the following conditions set by the Planning Commission on July 20,
1994:Condition NO.2 - All Dancing and live entertainment activities be conducted on weekends only,
and shall be prohibited prior to 8:00 p.m.
Condition No. 10 - Valet parking be provided at all times.The
original request by the applicant was to allow live music entertainment and dancing at an existing
billiard facility. Subject property is located at 1988 North Tustin Street.NOTE:
This project is categorically exempt from the provisions of the California Environmental Quality
Act per State CEQA Guidelines Section 15301.THE
APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL: None provided
for the Agenda.The
Director of Community Development reported the appellant is concerned that limiting live entertainment
to weekends only would limit the feasibility to get quality entertainment into the business.
The Planning Commission was concerned with community activity levels and congestion
within this shopping area. Regarding valet parking, the appellant was concerned with justifYing
the cost of valet parking at all times during the open hours of the business. It was noted the
appellant initially recommended these conditions at the Planning Commission meetings.A
memorandum from the Police Chief recommended the application be denied. Their concern was
for the adverse impact on the surrounding area which is a high crime area and over concentrated
with alcohol applications already.The
City Attorney commented this is a hearing de novo, meaning the hearing is new at this level,and
the entire case may be repeated. The following items were entered for the record: Appeal Application
No. 422, which contains a letter dated July 5, 1994 consisting of two pages; staff report
to Council from the Community Development Director, dated September 6, 1994; Planning Commission
Resolution No. PC-25-94; Minutes of the Planning Commission both on June
20,1994 regarding the CUP and those ofJune 6, 1994, it was continued only once; Memo
to Planning Commission from John Godlewski dated June 15, 1994; letter signed by several City
of Orange residents to the Planning Department dated May 31, 1994; Planning Commission
Staff Report regarding CUP application; and the application
itself.MAYOR PRO TEM BARRERA OPENED THE PUBLIC
HEARING.Page
16
CITY COUNCIL MINUTES SEPTEMBER 13,1994
14. PUBLIC HEARINGS (Continued)
Speaking in favor:
Medhi Rafaty, 3400 Avenue of the Arts, Costa Mesa, representing Suede Billiards, commented
this appeal is a request to allow live, high quality entertainment on a choice basis not on a set
basis. The different type bands will not go on until later at night, and he would like to try to
establish weekdays for these different bands. Valet parking can be provided, but only on the days
there will be an event. Mr. Rafaty further explained their business does not begin until
approximately 9:30 p.m. depending on the night. Valet parking on a daily basis would put a
burden on the business. Raffaellos Italian Restaurant takes most of the parking during earlier
hours.
Suede Billiards has a clear record with the Police Department and they have had no complaints or
problems from other nearby businesses.
Council discussed the impact of parking and noise on Raffaellos restaurant and the surrounding
area. Concern was expressed regarding the possibility of changing the use of the facility as it
related to bands being scheduled for that location.
The Police Chief reported the Police Department protested the issuance of the ABC license based
on high crime. They withdrew their protest, however, and the establishment was granted the
license. The reasons for this withdrawal were the conditions. The Police Chief agreed with the
appellant that there was not a lot of crime, but the Police Department monitors the center. Suede
Billiards is in violation of the Business and Professions Code at this time.
In February there was an advertisement in a newspaper for a Vanity Room with Suede's on the
back. The Police Chief described the picture on the advertisement. The Vice Sergeant was sent
to talk to the individual at Suedes.
The Police Chief indicated Suede's has built a stage for bands and are advertising two bands this
weekend. The food tables are gone and there is a bar area now. Certain agreements were signed
with the State of California before the ABC License was issued. Regardless of what the City does
the State has the ultimate authority. Condition Number 6 states there shall not be any live
entertainment or dancing permitted on the premises at any time. The ABC has been monitoring
Suedes and are concerned about the violations. Suedes has deviated from the original conditions
outlined at the time of the withdrawal of protest by the Police Department.
The Police Chief responded to Council questions regarding the number of people in the
establishment. The only time the Police Department has been contacted was for opening night.
The only security seen there was a door man. The condition to have four uniformed security
people there has not been met.
Mayor pro tem Barrera asked the City Attorney about the ABC condition that relates to no live
entertainment or dance permitted on this premises at any time. The City Attorney opined it was
inconsistent with the CUP application before Council at this time. If the conditions of the ABC
Control Board are not met, the establishment could lose their liquor license.
Page 17
r
CITY COUNCIL MINUTES SEPTEMBER 13,1994
14. PUBLIC HEARINGS (Continued)
Speaking in opposition:
Ron Martin, 1895 N. Shattuck, Lutheran Pastor in Orange, commented there are two story
apartments directly behind Suedes where they will be parking cars until 2:00 a.m. The area of
free parking, not valet parking, is up against Mr. Martin's bedroom window. Raffaellos fills up
the parking lot every night of the week. There is not adequate parking. There have been
problems in the parking lot because of the high crime area. Mr. Martin felt when you start having
live music the whole purpose changes.
REBUTTAL:
Mr. Rafaty commented their business is an upscale billiard business. They have a young clientele.
The card the Police Chief had was an invitation to a private party, it was not a lingerie party. The
landlord watches over everything that is done. Mr. Rafaty has discussed with their attorney and
the ABC Licensing Board about changing condition number six. The CUP appeal process needs
to be resolved first before the live entertainment issu goes through the ABC. They were granted
the ability to have live bands from the last meeting and understood the approval. There is
sufficient parking for the businesses in the front, the side, and middle section.
THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE
PUBLIC HEARING.
The City Attorney eXplained this is a hearing de novo, meaning the hearing is new at this level -the
Council is not limited at this hearing to the two conditions appealed. Council could affirm the Planning
Commission's decision, reverse it or modifY it as Council deems just or equitable.Regarding
the ABC conditions regarding the live music and dancing, Suede's is violating not only the
ABC conditions but the City codes as well because Suedes does not have a conditional use permit
for live entertainment.MOTION
SECOND
AYES
ABSENT
Murphy
Coontz
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer Moved
that this project
is categorically exempt from the provisions of the California Environmental Quality Act per
State CEQA Guidelines Section 15301.MOTION SECOND AYES ABSENT
Coontz
Spurgeon
Spurgeon,
Barrera,
Coontz, Murphy
Mayor Beyer
Moved to deny Appeal No.
422.r Page
18
CITY COUNCIL MINUTES SEPTEMBER 13, 1994
14. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
ABSENT
Coontz Murphy
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer Moved
to deny Conditional
Use Permit No. 2067-94 and the Planning Commission recommendations for dancing
and live entertainment activities and accompanying valet parking requirement.MINUTE ORDER -
Councilman
Spurgeon: "This has been said earlier during the discussions that this has nothing
to do with being anti-business. I think we have to look at the quality oflife issue in terms
of the surrounding neighborhoods, the valet parking problem and the impacts, as I say, on problems
we have no control over in terms of the ABC areas. Another thing the Chief brought up earlier
during his testimony was the area of certain businesses coming into the City and portraying themselves
as one thing and suddenly transforming themselves into something that's completely
different. I don't mind business growth or expanding their business, I think that's the American way,
but I have a problem sometimes when you come under one certain deal and suddenly it's
the idea of expanding into the full entertainment type area unless it's zoned for that type of area.
An area that's an entertainment complex. I thought it should be mentioned from my standpoint what the
Chief's words were in this regard, and this is not an indictment for all business or this one
itself, but it is something we have to look at and we did tonight."15. PLANNING AND
ENVIRONMENT - None 16. ORAL PRESENTATIONS Edward
Pragides, 8589 San
Romolla Way, Buena Park, from Praise Chapel, invited the Council to a seminar regarding
neighborhood concerns with gangs and other problems. A flier was distributed.Adam Friedrick, 308
Kelly
Ave., Orange, from Praise Chapel, Youth Minister, commented on the youth problems in the
community and indicated the seminar will focus on solving problems involving gangs and drugs.
Page 19 r
CITY COUNCIL MINUTES SEPTEMBER 13, 1994
17. ADJOURNMENT
MOTION
SECOND
AYES
ABSENT
Barrera Murphy
Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
The City Council
adjourned at 8:42 p.m.I l'Jt~~,
rflc~~~
MARILYN NS, CCITYCLERKGENE
BEYER GENE
BEYER MAYOR
BY:FRE
L.
ARRERA
MAYOR PRO TEM
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