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01-14-1992 Council Minutes37'4 APPROVED BY CITY COUNCIL ON JANUARY 28, CITY COUNCIL MINUTES OF A REGULAR MEETING 1992. ORANGE, CALIFORNIA JANUARY 14, 1992 The City Council of the City of Orange, California convened this 14th day of January, 1992 at 3:00 p.m. in a Regular Meeting in the Council Chambers. 300 E. Chapman Avenue. Oranqe. California. 3:00 P.M. SESSION 1. OPENING 1.1 PLEDGE ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer 1.3 APPROVAL OF MINUTES Regular Meeting - December 10, 1991 MOTION - Coontz SECOND - Spurgeon AYES - steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer ACTION: continued to January 21, 1992.Regular Meeting - December 17, 1991 MOTION - steiner SECOND - Coontz AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer ACTION: Approved. 1.4 PROCLAMATIONS 1.5 PRESENTATIONS/ ANNOUNCEMENTS/INTRODUCTIONS 2.CONSENT CALENDAR TAPE 95 2.1 Declaration of city Clerk Marilyn J. Jensen declaring posting of City Council Agenda of a regular meeting of January 14,1992, at Orange Civic Center, Main Library, Police Facility at 1107 N. 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.Page 1 375 CITY COUNCIL MINUTES JANUARY 14, 1992 2. CONSENT CALENDAR (Continued) 2.2 Authorize Mayor and Director of Finance to draw warrants on City ~reasurer in payment of demands. ACTION: Approved. 2.3 Request from Chapman University students to use portions of the Orange Plaza sidewalk on January 19 and 20, 1992 during the hours of 7:00 a.m to 5:00 p.m. for filming a class project, and to waive all fees. (P1300.0.9) ACTION: Approved. REMOVED AND HEARD SEPARATELY) 2.4 Request approval of Agreement for Consulting and Legal Services provided by the firm of Liebert, Cassidy & Frierson. A2100.0 A.1899) Council questioned the background of the law firm. The city Attorney indicated this is a labor firm specializing in public agency management and is used on an as-needed basis, generally not to exceed $7,000.00 per year. The firm also provides training sessions on disciplinary actions, labor relations contracts and other personnel matters, within the terms of the contract. The contract provides for seven full days of training programs and includes a fee rate increase. Council was not in favor of approving a rate increase, due to the current economic situation.MOTION - steiner SECOND - Spurgeon AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer ACTION: Denied, due to the increase in rates.MOTION - steiner SECOND - Coontz AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to Direct Staff to explore the possibility of competitive bids for these services and return to Council with recommendations.REMOVED AND HEARD SEPARATELY)2.5 Request approval of Police Towing Agreement between the City and tow operators Farwest Towing, Tony's Unocal and Towing,Tri Star Towing and Tows-R-Russ for a five-year period.A2100.0 A.1900) Page 2 37b CITY COUNCIL MINUTES JANUARY 14, 1992 2. CONSENT CALENDAR (Continued) Councilwoman Coontz asked how the towing companies were monitored by the City in terms of customer satisfaction. She has received a lot of complaints about the way the vehicles were handled by the towing companies and their communication or lack thereof, with the people whose vehicles were picked up. The Director of General Services reported complaints were handled by their department, or the Police Department. The new contract has a Evaluation committee to handle complaints and investigate, if necessary. The new contract is set up on a demerit system. After a certain number of demerits, the contractor is out for the balance of the five-year period.MOTION - Steiner SECOND - Coontz AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2.6 CLAIM FOR DAMAGES FROM: (C3200.0)1. DAMON, PATRICIA FEATHER, VIRGINIA THORPE AND VERNA SHAFFER for an alleged incident occurring on or about August 19, 1991.2. JOHN DOWDEN for an alleged incident occurring on or about October 30, 1991. 3. ALBERT AND HELEN OTTOBRE for an alleged incident occurring on or about August 22, 1991.4. SOUTHERN CALIFORNIA EDISON CO. for an alleged incident occurring on or about September 26, 1991.5. CARMEN SALAZAR for an alleged incident occurring on or about June 17, 1991.ACTION: Denied claims and referred to City Attorney and Adjuster.2.7 Request approval of Memorandum of Understanding between Orange County Housing Authority and City of Orange for the Rental Rehabilitation Program. (A2100. 09 A.1901)2.8 ACTION: Approved.Request Council approve Parcel Map No. 91-156 and accept the dedication of access rights to Chapman Avenue and easement for water line purposes. (C2500.M.16.1)ACTION: Approved. o Page 3 377 CITY COUNCIL MINUTES JANUARY 14, 1992 2. CONSENT CALENDAR (Continued) 2.9 Request Council approve a Quitclaim Deed to Nicholas Samia, covering an old abandoned water main easement that is no longer needed, located south of La Veta and west of Shaffer street. (D4000.0) ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. 2.10 Request Council approve agreement with Larry Faber to connect 8592 and 8594 Orange Avenue in unincorporated County territory, to city-owner sewer. (A2100.0 A. 1902)ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.MOTION - steiner SECOND - Barrera AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Items 2.4 and 2.5 were removed and heard separately. All other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER 3.1 Approve the appointment of the following persons to the orange International Street Fair Board of Directors, based on the Orange International Street Fair Committee's recommendations, term to expire 12/31/92: ( OR1800.0.60)Gail Hewitt Kenneth Levy Hank Mascolo Al Ricci MOTION - Barrera SECOND - Spurgeon AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to confirm the aforementioned appointments to the Orange International Street Fair Board of Directors, term to expire 12/31/92.Page 4 378 CITY COUNCIL MINUTES JANUARY 14, 1992 4.REPORTS FROM COUNCILMEMBERS TAPE 495 4.1 Report from Councilman steiner regarding Child or Parental Emergency Services (COPES). (C2300.I) Councilman steiner reported this project is set for a public hearing on January 21, 1992, for approval of the Development Disposition Agreement. There were a number of barriers to the successful completion of this partnership; theses issues were dealt with. One outstanding issue remained, which is now at an impasse: environmental indemnification - the indemnification by COPES of the Agency and the city for environmental liabilities. This means that in the event that hazardous materials contamination is found on the site at any time in the future, that was not caused by the Agency,COPES would want the Agency to be environmentally liable, because COPES will not assume that risk to themselves.COPES has written a letter to Councilman steiner dated January 14,formally withdrawing their request for use of the Queen Anne House for a group care facility for substance-addicted infants. The Redevelopment attorney and Staff are absolutely adamant regarding the requirement for the indemnification. This has not been waived in the past, and they feel it is not good public policy to waive that requirement. COPES still believes there is a significant need for a group care facility of this type, hopefully in the City of Orange, and he will continue to work with them to have them establish that facility. Council had offered it to someone in the community to move it, restore it for a dollar. The partnership was put together with good intentions, to solve many issues and problems. Whatever decision is made on disposition of the home, it should be done quickly. The house is significant from a historical standpoint, at least from the exterior. Mike Alvarez, 360 S. Glassell, expressed support of whatever action Council may wish to take. The house was moved with no strings attached, since they would have incurred costs in demolition. He felt whatever action was taken, it should be done quickly, hopefully within about 30 days. Wendy Michelson, 2122 N. Broadway, Santa Ana, spoke on behalf of COPES. She expressed gratitude to Councilman steiner for offering the project to COPES. They felt they could not expose COPES to an unknown and potentially hazardous liability in the future. Bill Arnopp, Executive Director of COPES, 2025 N. Broadway, Santa Ana, also expressed thanks to Councilman Steiner and the City Council for voting for the project and their patience while trying to bring the project to completion. Alice Clark, 205 N. pine Street, expressed her feeling that whatever is done at this point, it should be done expeditiously. . Page 5 379 CITY COUNCIL MINUTES JANUARY 14, 1992 4. REPORTS FROM COUNCILMEMBERS (Continued)T. J. Clark, 811 E. Chapman Avenue, said the time has come to make a decision. He recommended the house be demolished immediately and the taxpayers' money be spent on something else.Councilman Spurgeon noted there were two issues involved: one being disposition of the property, the other being disposition of the house. The Director of Economic Development indicated Staff needed some direction as to disposition of the lot. Councilman Steiner felt the public hearing was no longer necessary, since it was to be for consideration of the Development Disposition Agreement on Queen Anne House. He asked if Council needed to vote to reaffirm staff's recommendation that there must be indemnification for this to move forward. Councilwoman Coontz felt other avenues could be pursued in the meantime and Staff could be ready with other alternatives at the time of the public hearing. She felt Council should be aggressive in pursuing other alternatives, having them ready, with any legal questions answered, on a decision as to how the property can be utilized in the future, and what to do with the house. The house could be offered first to a citizen of Orange, and then to someone from another city. It will cost the city to demolish it, so she felt it would be better to have someone come pick it up and take it somewhere else to restore it, than paying for demolition.MOTION - steiner SECOND - Coontz AYES - steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to receive and file the oral report on the Queen Anne House.At the January 21, 1992 public hearing, he would make a motion to set aside the Development Disposition Agreement, in the absence of any further direction by the Council, that the Council wish to waive indemnification. Council will then go to the recommendations by the Staff for a time-certain decision on the ultimate disposition of the Queen Anne House and the use of the property.VERBATIM: Councilman steiner made the following comments:OR1800.0.76)Honorable Mayor Pro Tem and Members of the city Council, I would like to take this opportunity to make some remarks concerning the fiscal condition of the city of Orange on behalf of the Audit Committee, comprised of myself and Councilwoman Joanne Coontz.Page 6 sO CITY COUNCIL MINUTES JANUARY 14, 1992 4. REPORTS FROM COUNCILMEMBERS (Continued) As you are aware, when the fiscal year 1991-92 budget was adopted by this body, it was with the understanding that $2.1 million of our unrestricted reserves would be combined with approximately $900, 000 in salary savings, due to a hiring freeze, in an effort to mitigate the impact of the recession on City services.Subsequently, it was learned that, as a result of worsening economic conditions and a further decline in sale tax revenues and other fees,our operating deficit would grow by another $2.75 million.To address this problem, the Audit Committee has been working with Staff to establish priorities for funding, identify additional reductions in expenses and give direction to staff in terms of a variety of public policy issues.Last Tuesday, we were involved in a day-long detailed and exhaustive process with each Department Head and other Staff to develop mid-year budget adjustments which we will submit to you in detail for concurrence and action on January 28, 1992. I can tell you at this time, however, that we achieved our objectives without compromising the fiscal health of the City or the level of services which are being provided for our citizens.Of course, the Audit Committee, City staff and many residents and community leaders have been concerned about the impact of the fraudulent diversion of approximately $7.1 million from our investment portfolio and whether this would exacerbate our existing deficit situation.As you are aware, on December 11th, the City of Orange learned that it was among a number of cities, counties and other public agencies which had been defrauded in the amount of $7.1 million in a sophisticated scheme contrived by Denman & company, a company owned and controlled by steven Wymer. This occurred in spite of the fact that the City believed it was investing in safe, risk-free U. S.Treasury securities and that its funds were held by a third-party custodian. Additionally, the Council's outside, independent auditors obtained verification that, both in 1990 and 1991, all of the city's funds were in a segregated custodial account in the City'S name.The city Council took immediate steps to retain legal counsel that specializes in securities investments to begin discovering how the misappropriation of the City'S funds occurred. We now know that the city's funds, which were invested in October, 1989, were immediately diverted by Denman into Denman accounts, in spite of the fact that we regularly received interest and documentation indicating that the funds were in a segregated account in the City of orange's name with a third-party custodian. What occurred is now generally known,although there are still aspects of the case which are under continuing investigation, not only by the City, but the Securities and Exchange Commission, United States Postal Inspection Service and other 381 CITY COUNCIL MINUTES JANUARY 14, 1992 4. REPORTS FROM COUNCILMEMBERS (Continued) At this point, the Audit Committee recommends that we take further steps concerning the recovery of the city's funds, along with ensuring that our investment policies and procedures are appropriate. We believe that our special counsel, Michael Jeffers, should perform a legal review of the City's investment policies and controls and that independent Certified Public Accountants also review our investment procedures and internal and external controls to assure the council and the public that the remainder of our investments are fully protected. The misappropriation of these funds represents about 6 per cent of the City'S total overall $115 million investment portfolio. The remaining City investments are highly diversified in U. S. government securities and other high-quality investments. Councilwoman Coontz and I want it clearly understood that the City's credit or cash liquidity is not affected in any way, despite the fraudulent diversion of our funds. There hasn't been, nor will there be, any delays in paying bills, including payroll. Additionally, debt service on bonds will not be affected in any by these events.The Audit committee also wants to emphasize that the City has over 16.2 million in unallocated, general purpose reserves, including $ 5 million needed for cash flow purposes, and other significant reserves for designated purposes. The impact on the City'S general purpose reserves if the $7.1 million is not recovered will be about $1. 66 million. The balance would then be spread to the other reserve accounts on a pro- rata basis.Finally, councilwoman Coontz and I feel that the City and our attorneys should continue to work with other cities and other agencies to recover our investment to the point of initiating litigation, if necessary."Councilwoman Coontz commented that the Audit Committee is continuing in this venture, beyond the report which will be made at the end of the month. They will be continuing at the level of inspection and discussion with Staff to get ready for next year's budget. She doesn't feel we will be out of the current economic situation immediately, and they are willing as Councilmembers to put as much time in it as needed. J82 CITY COUNCIL MINUTES JANUARY 14, 1992 5.REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS TAPE 1644 5.1 Recommendation to disband the following inactive committee: Headstart Board of Trustees ((OR1800.0.3.7) MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to disband the Headstart Board of Trustees.5.2 Reappointment of Mayor Pro Tem Barrera to the Board of Trustees of the Orange County Vector Control District, for a term ending 12/31/93. ( OR1800.0.3.20)MOTION - Spurgeon SECOND - Coontz AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to confirm the reappointment of Mayor Pro Tem Barrera to the Board of Trustees of the Orange County Vector Control District, for a term ending 12/31/93.6. ADMINISTRATIVE REPORTS 7. REPORTS FROM CITY MANAGER 8.LEGAL AFFAIRS TAPE 1691 8.1 ORDINANCE NO. 26-91 An Ordinance of the city Council of the City of Orange levying special taxes within the City of Orange Community Facilities District No. 91-2 (Serrano Heights Public Improvements). ( T1100.0.2 No. 91-2)MOTION - steiner SECOND - Coontz AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer That Ordinance No. 26-91 have second reading waived and be adopted and same was passed and adopted by the preceding vote.Page 9 383 CITY COUNCIL MINUTES JANUARY 14, 1992 8. LEGAL AFFAIRS (Continued) 8.2 ORDINANCE NO. 25- 91 An Ordinance of the City Council of the City of Orange adding certain speed limits to Section 10.14.050 of the Orange Municipal Code.S4000.S.3. 4)MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer That Ordinance No. 25-91 have first reading waived same was set for second reading by the preceding vote.8.3 RESOLUTION NO. 7926 A Resolution of the City Council of the City of Orange, California,supporting designation of the county Health Care Agency as the Orange County Local Enforcement Agency as required by the California Integrated Waste Management Act of 1989. (OC1300.0)MOTION SECOND AYES ABSENT Barrera steiner Steiner, Barrera, Mayor Beyer Coontz, Spurgeon That Resolution No. 7926 as introduced be adopted and same was passed and adopted by the preceding vote. 8.4 RESOLUTION NO. 7927 A Resolution of the city Council of the City of Orange approving a transfer of ownerShip interests in American Cablevision of Orange,pursuant to the City's cable television franchise. (F1100.0)MOTION - steiner SECOND - Barrera AYES - steiner, Barrera, Coontz ABSTAINED - Spurgeon ABSENT - Mayor Beyer That Resolution No. 7927 as introduced be adopted and same was passed and adopted by the preceding vote.Page 10 084 CITY COUNCIL MINUTES JANUARY 14, 1992 8. LEGAL AFFAIRS (Continued) 8.5 RESOLUTION NO. 7929 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 91-10, adjusting a lot line of certain real property situated at 1660 and 1678 Hunters Way. Owners:Parcel 1 - William L. Shipley & Nancy D. Presho Parcel 2 - Frank M. Calta & Angela R. Calta (C2500.M.16.1 No.LL 91-10) MOTION SECOND AYES ABSENT Steiner Barrera Steiner, Barrera, Mayor Beyer Coontz, Spurgeon That Resolution No. 7929 as introduced be adopted and same was passed and adopted by the preceding vote.8.6 RESOLUTION NO. 7932 A Resolution of the City Council of the City of Orange setting the time and place for a pUblic hearing to consider the designation and adoption of an Underground Utility District requiring the removal of poles, overhead wires and associated structures within that area of the city generally located on City Drive from Route 22 freeway to 2,000 feet north, as is more particularly described in Exhibit "A"attached hereto and on that certain map attached hereto as Exhibit B", and on file in the Office of the City Clerk and the Department of Public Works of the city of Orange. (C2500.M.13)MOTION - Spurgeon SECOND - Barrera AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer That Resolution No. 7932 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 TAPE 1-2022 10.1 Downzoninq - Olive Street:Presentation by T. J. Clark regarding down zoning of 300 block, North Olive Street from R-4 to R-2 in 1990. (Z1500.0 No. 1127-90-A)Mr. Clark, 811 E. Chapman Avenue, reported that in May, 1973 he and his wife purchased property at 341 N. Olive Street. At the time, it was zoned R-4. The downzoning from R-4 to R-2 put the property in financial jeopardy. It makes the property non-conforming, which prevents them from securing a loan of true value. 0, r Page 11 CITY COUNCIL MINUTES JANUARY 14, 1992 385 10. ORAL PRESENTATIONS (Continued) He presented statements from property owners in the 300 block of Olive Street and several on West Palm who claim they did not receive any notification of downzoning taking place. He did not understand why they were not notified of this zoning change or any of the hearings on it. They are requesting that the original R-4 zoning be reinstated. Council directed Staff to report back on this matter on January 28, 1992, including all forms of notification, the featured articles in the newspaper, etc. Staff provided some information, but indicated there was not sufficient time to completely research the matter. Council wanted more information, including an oral request,an indication of the number of meetings that were held prior to the public hearings. Councilwoman Coontz felt this was needed, because there was notification of consultants being hired, everything that was involved.Leaf Blowers:Frank Coxe, 19142 Glen Arran Lane, addressed the Council regarding leaf blowers. Councilwoman Coontz commented that she had received a letter from Mr. Coxe in December which she forwarded to Planning for assistance. She did not receive a response back from them, so she asked Mr. Coxe for a copy of the letter and told him she would pursue it immediately. She felt he was probably disappointed not to receive a response from Staff and this is why he is before the Council. He feels the noise levels are dangerous to the hearing of the general public. He is requesting Council consider an amendment to the Orange Municipal Code to prohibit leaf blowers, which are currently exempted. The problem has escalated greatly since the water shortage. Councilwoman Coontz mentioned one of the reasons the noise is so great is they remove the mufflers in the false belief they won't be using as much gas. He feels they also contribute to pollution. Council referred Mr. Coxe to Staff to see if something can be done. (R1200. 0)Staff Appointments:Bob Bennyhoff, 10642 Morada Drive, asked if Joel Wright had been appointed Water Manager to succeed John Fonley. He was upset because the press and the public is having a hard time finding things out.The Fire Chief was appointed December 17th, and there has been no formal announcement. The people of Orange have a right to know what is happening. There should be better communication. Councilwoman Coontz agreed and commented that this Council feels that disinformation or no information from City Hall is not a positive in today's society. The information should be ready to go the moment anything occurs. He complimented the Audit Committee for having the good sense to tell the people what is going on with their money. One of the best ways to prevent rumors is to tell people what you can.Page 3fl6 CITY COUNCIL MINUTES JANUARY 14, 1992 10. ORAL PRESENTATIONS (Continued) Leaf Blowers: Carol Walters, 534 N. Shaffer, mentioned that leaf blowers are a problem in their neighborhood with the gardeners at Chapman University. The mess is blown into the street and not cleaned up. She has complained, but nothing has been done. Councilman Spurgeon will take the matter up with the committee that discusses problems with Chapman. Traffic Complaint: Mrs. Walters is also concerned about the traffic in front of her house. She will be unable to attend the 7:00 p.m. session when Council considers the parking on Collins/Shaffer and Cambridge. She thinks putting in a light would be a big mistake. outside Leqal Consultants: Mrs. Walters thinks it is a shame not to fill Police positions left available by attrition. She does not understand why the City is paying four City Attorneys and they still hire outside legal help. She feels the money would be better spent on Police Officer salaries. Aqenda Procedure: Councilwoman Coontz asked for clarification on the procedure for a citizen or a group of citizens to get on the Council agenda. She asked the City Manager's office for a procedure on this. The City Manager indicated he would follow up on this request. 11. RECESS MOTION - Spurgeon SECOND - steiner AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer The City Council moved to recess at 4:40 p.m. to a Closed Session for the purposes listed below. The city Attorney reported that items d.and f. would not be discussed in the Closed Session.a. To confer with its Attorney regarding pending litigation pursuant to Government Code section 54956.9(a), to wit:Maver et ale vs. Citv of Oranqe et al., Orange County Superior Court Case No. 58 55 20.Page 13 CITY COUNCIL MINUTES JANUARY 14, 1992 387 11. RECESS (Continued) b. To meet with and give instructions to its Negotiator regarding real property acquisition pursuant to Government code Section 54956.8 c. To confer with its attorney to decide whether to initiate litigation pursuant to Government Code section 54956.9(c). d. To meet and give direction to its authorized representative regarding labor relations matters pursuant to Government Code Section 54957.6. e. To confer with its attorney regarding potential litigation pursuant to Government Code section 54956.9(b) (1). f. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. 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 - Furman Roberts, former City Attorney 12. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 12. 2 ANNOUNCEMENTS 12. 3 INTRODUCTIONS 12. 4 PROCLAMATIONS 12. 5 PRESENTATIONS Rich Alarcon, President of the Orange City Firefighters, presented a check from the Orange Fire Dept to the Muscular Dystrophy Association Carla Anderson, Program Coordinator) from the first annual City of Orange " Fill the Boot" for "Jerry's Kids". (C2500.H)Page 14 388 CITY COUNCIL MINUTES JANUARY 14, 1992 13. PUBLIC HEARINGS 13.1 APPEAL NO. 377. CONDITIONAL USE PERMIT NO. 1850-90. MAYOR BEYER: (A4000.0 No. 377) TAPE 1-3190 Time set for a public hearing on petition by Mayor Beyer to appeal the decision of the Zoning Administrator on June 14, 1990 to approve Conditional Use Permit 1850-90, applicant, Thrifty oil company, which will allow the renovation and conversion of an existing service station to be used as a mini-market and to allow the retail sale of beer and wine in conjunction with the sale of motor fuel. Subject property is classified C- P (Commercial-Professional), with a general plan land use designation of General Commercial. It is located at 'the northwest corner of Katella Avenue and cambridge street (825 E.Katella Avenue). (This item was continued from 11/12/91.This project is categorically exempt from environmental review per CEQA Guidelines, section 15301.THE APPELLANT STATES THE FOLLOWING REASONS FOR APPEAL:The Council in the past has expressed concerns regarding the sale of beer and wine in conjunction with the sale of motor vehicle fuel.Staff has already been directed to draft an ordinance amendment,which would enable the City council to be the final approval body for such items. This application merits review by the City Council."The City Attorney reported the Orange County Superior Court, in the case called Thriftv oil vs. citv of Oranqe, ordered the annulment of the City Council's former decision in Resolution No. 7698 and ordered the city Council to hold a de novo hearing regarding the application on this CUP. Only the record and the testimony presented tonight is to be considered. No evidence from a former hearing, including the minutes of the September, 1990 hearing and the resolution, should be be considered in the Council's determination. That prior decision has been voided by the court.There are two matters that the Council should consider: first is the renovation and conversion of an existing service station to be used as a mini-market, and secondly, the allowance of the retail sale of beer and wine at that location.The Manager of CUrrent Planning reported the Applicant originally requested a Zoning Administrator Conditional Use Permit to allow renovation and conversion of an existing service station to include a mini-mart and an additional request to permit the sale of beer and wine at this location. The Zoning Administrator approved these requests, with a number of conditions. Subsequent to the zoning Administrator's approval, Mayor Beyer appealed this item to the City Council. On September 25, 1990, the Council upheld the appeal, whic;'in effect denied the request and listed a number of reasons, which are included in the Staff report. In an effort to overturn the Council denial, the Applicant petitioned the court CITY COUNCIL MINUTES JANUARY 14, 1992 389 13. PUBLIC HEARINGS (Continued) The court did, however, say there were two issues brought up in the previous hearing that offered substantial evidence in support of the denial. First, the site continues to be located along a route heavily traveled by school children walking to and from schools. Second, there exists a total of 21 sites within a four-block area,including 8 off-sale and 13 on-sale sites permitting the sale of alcoholic beverages, which is an opinion that this an adequate number of outlets for an area with school children and homes. Staff presented maps of the schools in the area and the district covered by these schools.Additionally, Staff discussed this with the school Crossing Guard located at Katella and Cambridge to determine the numbers of school children traversing this area. Children from California Elementary,Yorba Middle, Orange High and Taft Elementary Schools traverse the area north and south.The C-P zone does not extend on both sides of Katella. It is on the north side of Katella and further east from the site. It extends on the entire south side of Katella for 3 blocks in both directions and on the north side, the only C-P zone is at the subject site and for a few businesses about 200 feet further west. The remaining property around the subject is R-3 until it goes further west to Katella and Glassell, which is a C-1 zone. The general flavor north of Katella is far more high density residential and on the south C-P commercial.The site plan went to the Environmental Review Board prior to going to the Zoning Administrator for their recommendation. The mini-mart portion of this application was consistent and the Environmental Review Board recommended approval of that portion of the application. There are a number of conditions listed with the original staff report. If Council approves the use, he recommends adopting all the conditions of approval. Councilwoman Coontz asked the connection between the number of elementary schools and the sale of beer and wine. The discussion at the original hearing was about the proximity of alcohol dispensing activities and the numerous children that traverse the street. The potential for conflicts between consumption of alcohol and the children crossing the streets was a supreme concern.MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.Joshua Kaplan, attorney representing the Applicant Thrifty oil Company, referred to a memorandum filed with the City Clerk, along with a petition containing 790 signatures in support of this application. He indicated he had a petition containing an additional 715 signatures, for a total of approximately 1, 39 0 CITY COUNCIL MINUTES JANUARY 14, 1992 13. PUBLIC HEARINGS (Continued) The decision of the Zoning Administrator in June of 1990, which held in favor of this application, should be considered, and the file. Council should only disregard the previous City Council hearing on the matter. About 50 of the signatures are from residential occupants in the area, and about 25 from local businesses. The remainder of the signatures are from patrons who signed as they came to use the facility. The Superior Court held there were only two previous findings that were supported by any adequate evidence. These were mentioned by Staff: the presence of school children, and the presence of other licensed locations. He opined that while the Court held there may have been two findings for which this Council had some evidence, those findings were not sufficient to deny the application. In the Applicant's memorandum, conditions 3, 4, 6 and 7 are voluntarily proposed by the Applicant, which will preclude the attractiveness of this site to any minors. There is every reasonable precaution taken by the Applicant to preclude any impact upon any minors in the vicinity. Secondly, the number of alcohol establishments in the area is not a basis for disqualification of this application. This application is for an off-sale license. This is substantially the only location on the north side of Katella that is contemplated to be a unique operation. It would be more convenient for the residential users not to have to cross Katella to obtain beer or wine. The Code speaks of undue concentration of licenses in the area. This is defined by state Code. Thrifty intends this to be a modern version of a general store. They will offer a full range of products. The beer and wine will constitute less than 3% of the gross display floor area and would consititute a small percentage of the anticipated volume of sales. In order to reach profitability for this operation, the beer and wine sales are necessary.Thrifty operates about 150 locations in Southern California, at which they sell motor fuel products and alcoholic beverages. The zone C-P specifically authorizes motor vehicle fuel and off- sale beer and wine.Council asked the City Attorney about undue concentration. He opined the State Dept. of Alcoholic Beverage Control does not have he final authority in telling a City Council they cannot consider sound principles of land use.MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.The following people spoke in favor of the project:Linda carlson, 1775 N. Cambridge.They made the following points:It would be convenient to have a store like this in the area. CITY COUNCIL MINUTES JANUARY 14, 1992 391 13. PUBLIC HEARINGS (Continued) The following people spoke in opposition to the project: Barbara DeNiro, 1118 E. Adams. They made the following points: safety is the relationship of the school children in the area to the sale of beer and wine at this location.Katella is a super street.There are many apartments in the area, with children.It is already an over-impacted area, with many young people using the crosswalk.It can create a hangout and gathering place for individuals,create more trash and encourage vandalism.There is a noticeable traffic hazard, created by vehicles trying to cross over to enter and exit the facility off Cambridge, further complicated by the curve in the road to the north of Cambridge.Directly across the street is a service station and a liquor store.It seems counter-productive to tell people not to drink and drive,and then advocate the sale of alcohol with motor vehicle fuel.Since this is an appeal by Mayor Beyer, Council should postpone the decision on this item until he returns.Mr. Kaplan indicated he disagrees with the City Attorney on whether the Council has the right to legislate locally on this issue.However, if Council could make the decision on undue concentration,he feels they should use the parameters defined by state law. He does not feel there is enough evidence to support this.MAYOR PRO TEM BARRERA CLOSED THE PUBLIC HEARING.Councilman Steiner asked for clarification on hours of operation.The business would be open for 24 hours, but alcohol would be sold from 6:00 a.m. to 2: 00 a.m. The Applicant was willing to consider limiting further the hours beer and wine could be purchased. Council indicated the document presented by the Applicant showed 1:00 a.m. to terminate the sale of beer and wine. MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to accept the Staff findings that the project is exempt from environmental review per CEQA guidelines.MOTION - Spurgeon SECOND - Coontz AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to allow the renovation and conversion of the existing service station to be used as a mini market, subject to the conditions in the Staff report.Page 18 392 CITY COUNCIL MINUTES JANUARY 14, 1992 13.PUBLIC HEARINGS (Continued) MOTION SECOND AYES ABSENT steiner Spurgeon Steiner, Barrera, Coontz, spurgeon Mayor Beyer Moved to deny the appeal and support the Zoning Administrator's approval of Conditional Use Permit 1850-90, subject to Staff conditions and those proposed by the Applicant. Sale of alcohol to end at 1:00 a.m. Employees selling beer and wine need to be over 21 years of age.13.2 GENERAL PLAN AMENDMENT 3-91-A. ZONE CHANGE 1134-91. COUNTY OF ORANGE: (C2300.E GPA 3-91) TAPE 1-5830 Time set for a public hearing on petition by the County of Orange to consider General Plan Amendment 3-91-A to change the land use designation of property from Open Space/Parks to Low Density Residential, 2 to 6 dwelling units per acre; and Zone Change 1134-91 to reclassify property from R-O (Recreation -Open Space) District to Rl-8 (Residential, Single Family, minimum lot size 8,000 sq. ft.) the western third portion of the site,approximately ten acres; and R1-10 (Residential, Single Family,minimum lot size 10, 000 sq. ft.), the eastern two-thirds portion of the site, approximately twenty acres.The project site is approximately 30 acres in size, undeveloped, and is located south of the intersection of Rancho Santiago Boulevard and Hewes Street. NOTE: Negative Declaration 1376-91 has been prepared for this project.The City Manager reported not much progress has been made in meeting with the Environmental Management Agency to resolve some issues Staff is very concerned about. Before this property would be approved for urban uses, he asked that Council direct him to meet with Supervisor Vasquez to see if an agreement can be reached, before this area is removed from park and open space. There is a need for ball and soccer fields in this area. This has been accomplished on other County regional facilities by the City and County working together.Perhaps other County properties in close proximity can be used. The County has deed restrictions on Yorba Park, which the City would like them to remove. The city also needs a branch library site.The Director of Community Development reported this site has been on the County's Master Plan of Parks since 1963 and the city's General Plan as an open space area since 1973. In December of 1990, the Board of supervisors amended their recreation element to identify parcels which are no longer considered feasible 393 CITY COUNCIL MINUTES JANUARY 14, 1992 13. PUBLIC HEARINGS (Continued) The County is in the process of declaring the site surplus. Staff is concerned about removing this as a future open space resource to the community. The value of the land, when it is disposed of by the County, is to be reused as open space resource in some other location within the County of Orange. The City staff wants to make sure that open space is replace in the Orange community, rather than another area of the County. The County is discussing possible acquisition of the Barham Ranch area, east of the Villa Park Dam. The Planning Commission heard this item on October 21, 1991 and has recommended approval of the General Plan Amendment and Zone Change. MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING. Bob Fisher, Director of Harbors, Beaches and Parks for the county of Orange, spoke in favor of the application. He reported the County is negotiating with the Orange Unified School District and the Serrano Irrigation District to exchange these 30 acres for about 560 acres of the Barham Ranch, which those two districts own. This zone change is holding up the negotiations, which would establish what the potential uses of the property are. This proposal is acceptable and supported by the residents in the area. Bob Bennyhoff, 10642 Morada Drive, suggested Council approve the zone change, subject to the land swap being completed. The City might be able to get a golf course out of the deal. Councilwoman Coontz commented the City has been trying to work with the Orange Unified School District on land-use issues for about 10 years and have gotten absolutely nowhere.The city Manager indicated staff had no intent to kill this project.The City is about to make a 3D-acre parcel worth millions by the zone change. The County may have other properties which would be acceptable to the community for ball and soccer fields. It may not be on this property.Councilman steiner commented that negotiation is a process that involves all the parties working together to resolve something.Council feels these negotiations are often one- sided when dealing with the County and the school district. The concessions the City is asking for are not unreasonable, or that difficult for the County to consider.Councilwoman Coontz commented the approval should not be tied to the approval of a golf course. The City of Orange is disenfranchised,because we have two Supervisors representing Orange. When trying to talk to one or the other, they look at the map to see which end of the City is being discussed and are relegated to discussing the problem with the one whose jurisdiction it is, which makes it difficult to accomplish anything at that 394 CITY COUNCIL MINUTES JANUARY 14, 1992 13.2 PUBLIC HEARINGS (Continued) The following people also spoke in favor of the project: Shirley Grindle, 19051 Glen Arran. Stevan Sydlik, 10622 Rancho Santiago Blvd. They made the following points: The residents are afraid this property will be put up for sale to the highest bidder, probably a developer.The neighbors do not want a lighted soccer field.The City is now concerned about park space, but Orange has given away all the park space in the past, with other people on the Council.HEARING REMAINS OPEN. MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to continue this item to February 11, 1992. City Manager and Councilmembers Coontz and Steiner to continue negotiations with the County on this item.13.3 GENERAL PLAN AMENDMENT 2-91. GROWTH MANAGEMENT ELEMENT. CITY OF ORANGE: (C2300.E GPA 2- 91) TAPE 2-700 The pUblic hearing on petition by the City of Orange to consider the adoption of a Growth Management Element as a requirement of the Revised Traffic and Growth Management Ordinance (Measure M) approved by Orange County voters on November 6, 1990, thereby qualifying the City of Orange to be eligible to receive new Measure M transportation revenues has been continued from December 17, 1991.NOTE: Negative Declaration 1389- 91 has been filed by the Environmental Review Board on this project.THE PUBLIC HEARING IS OPEN.The Manager of Advance Planning reported Staff asked for this item to be continued from December 17th to allow the representative of the Woodcrest and Tishman City projects to consider possible side agreements addressing the Growth Management Element as an alternative to including those comments in the element itself. The Staff and Mr.Elfend are working on proposed language agreements on possible exemptions being sought through side letter agreements on the two projects. Draft #7 is the current version of the element. Staff is recommending the City Council adopt this draft. The other issues will be resolved with Mr. Elfend in the near future.Page 21 CITY COUNCIL MINUTES JANUARY 14, 1992 395 13.3 PUBLIC HEARINGS (Continued) The Director of Public Works reported the Growth Management Element is the last item required by the City in order to qualify for Measure M funds. The City will receive about $48 million over the 20- year life of Measure M.Frank Elfend felt the Development Agreement for the Serrano Heights project would be exempted, and the Growth Management Element can be approved on that basis. They are currently working with Staff on the Tishman City project, and these items will be brought to Council in the near future.Bob Bennyhoff, 10642 Morada Drive, endorsed the immediate passage of the Growth Management Element.THERE BEING NO FURTHER SPEAKERS, THE PUBLIC HEARING WAS CLOSED.MOTION - Coontz SECOND - steiner AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to accept the findings of the Environmental Review Board to file Negative Declaration 1389-91.MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to approve General Plan Amendment 2-91, Growth Management Element as outlined in Planning commission Resolution No. PC-42.91.RESOLUTION NO. 7924 A Resolution of the city Council of the City of Orange adopting General Plan Amendment 2- 91, the Growth Management Element.MOTION - Coontz SECOND - Barrera AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer That Resolution No. 7924 as introduced be adopted and same was passed and adopted by the preceding vote.Page 22 396 CITY COUNCIL MINUTES JANUARY 14, 1992 14. PLANNING AND ENVIRONMENT 14.1 Report from the Director of Public Works regarding the city's statement of Compliance of Measure M requirements. (Continued from 12/17/91.) (C2300.E GPA 2- 91)MOTION - Coontz SECOND - steiner AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to receive and adopt the memorandum dated December 17, 1991 with the seven conditions included.RESOLUTION NO. 7925 A Resolution of the City Council of the city of Orange demonstrating compliance with Measure M, revised traffic improvement and Growth Management ordinance requirement. MOTION - Coontz SECOND - Steiner AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer That Resolution No. 7925 as introduced be adopted and same was passed and adopted by the preceding vote.MOTION - Barrera SECOND - Spurgeon AYES - Steiner, Barrera, Coontz, Spurgoen ABSENT - Mayor Beyer Moved to appoint Councilmembers Coontz and Steiner as Council representatives on the Tishman project.14.2 Request for the installation of NO STOPPING ANYTIME - TOWAWAY restrictions to facilitate the installation of traffic signals and left turn lanes in proximity to the following intersections:1) Collins Ave. at Shaffer st.2) Collins Ave. at Cambridge st. Continued from 10/15/91 and 12/10/91.) (S4000.S.3. 7) TAPE 2-1400 The Traffic Engineering Technician reported this item was continued to a Study Session with the Traffic Commission. The primary issue is the No Stopping Anytime - Towaway restrictions that are being requested to facilitate the installation of left turn lanes and traffic signals in proximity to the intersection of Collins and Shaffer, and Collins and Cambridge.Page 23 CITY COUNCIL MINUTES JANUARY 14, 1992 397 14. PLANNING AND ENVIRONMENT (Continued) At the study Session, another option was presented. This option would retain on-street parking on both Cambridge and Shaffer street.On Shaffer street, there would be one lane in each direction. On Cambridge, a left-turn lane needs to be added, which would entail the acquisition of additional right-of-way on the Southwest corner, which would facilitate the bike lane, and installation of a sidewalk on Collins Ave. A separate issue to be considered is whether the parking restriction on Collins should be extended to the area between Cleveland and Harwood. The residents of this area were notified of this meeting to present their concerns. The proposal does not increase the number of lanes on Collins, it only provides for left-turn pockets.The following people spoke in opposition:Kathleen Gutierrez, 648 E. Collins Ave.Tom O' Neill, 870 N. Lynn Drive.Emery Owens, 608 E. Collins Ave.Julie Wiseman, 720 E. Collins Ave.Fred Cannizzaro, 618 E. Collins Ave.Bob Pike, 495 E. Collins Ave.Mary Rajeck, 908 N. Cleveland st. They made the following points:Traffic will increase if signals are put in.The noise level will be unbearable.Property values will decrease.Collins will become like Chapman Avenue, which used to be residential.Lack of parking will be a hardship on the residents.Do not turn Collins into another cross-town thoroughfare.The severity of accidents will increase, because people will drive faster. There will be an increase in pollutants and the residents in the area will suffer.It will be very difficult for residents on Collins to leave their driveway.There are four schools in the area, and the safety of the children should be considered. Council should consider petitions from neighbors in opposition to the project.The pedestrian crosswalks would no longer be safe on Collins.The following people spoke in favor of approval:Hartford Smith, 750 N. pine st.Bob Bennyhoff, 10642 Morada Drive. They made the following points: Pro$Rect has Deen rerouted and it will increase traffic flow on Collins.Page 24 398 CITY COUNCIL MINUTES JANUARY 14, 1992 14. PLANNING AND ENVIRONMENT (Continued) The city Traffic Engineer indicated the traffic signals would regulate speed. The lights would be self-actuated, where the pedestrian would press a button and would be accommodated for crossing the street. The Traffic Engineer mentioned that crosswalks are no longer considered a safety device. They are a channelizing device to tell pedestrians where to cross a street and the motorist they can expect pedestrian activity ahead.MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer Moved to approve the request for NO STOPPING ANYTIME - TOWAWAY restrictions on Collins Avenue to facilitate the installation of traffic signals and left turn lanes in proximity to the intersections of Collins Ave. at Shaffer st. and Collins Ave. at Cambridge st. The area on Collins between Harwood and Cleveland not to be affected at this time. Authorized the acquisition of right-of-way on the Southwest corner of Cambridge and Collins to facilitate the installation of left-turn lane, bike lane and sidewalk.15. ORAL PRESENTATIONS Thomas O'Neill, 870 N. Lynn Drive, addressing the toxic spill incident in the City. He suggested the Council take a serious look at the safety and maintenance of the railroad tracks. It could have been much worse, and should be investigated before a more serious incident occurs. (C2500.H)16. ADJOURNMENT MOTION - steiner SECOND - Barrera AYES - Steiner, Barrera, Coontz, Spurgeon ABSENT - Mayor Beyer The city Council adjourned at 10:35 p.m.GENE BEYER MAYOR MAR~2c~ ERK L. BAR RA, MAYOR PRO TEM BY:Page 25