Foothills Sentry September 2021

Foothills Sentry Page 4 September 2021 JOHNSON MOTORCARS 31 Years of Specializing in the Service and Repair of Mercedes-Benz Gary Johnson 714-997-2567 982 N. Batavia # B13, Orange, CA 92867 gary@johnsonmotorcars.com ing levels. Missing the mark According to Costco’s own reports, the presence of toxins at the project site was known prior to the Tustin City Council vote on Oct. 19, 2019. Therefore, Protect Tustin Ranch asserts, the council incorrectly granted this project an exemption from an EIR. The group contends that the city conducted inadequate analy- sis of the impact from tailpipe emissions of particulates, nitro- gen oxide, and volatile organic compounds. For example, the number of idling cars was esti- mated at 20, despite a queue plan for up to four times that amount. Costco’s plans also call for burying three 40,000-gallon tanks within 150 feet of a flood chan - nel that flows directly to Newport Back Bay. Out of gas In response to this new pub- lic information, Protect Tustin Ranch is calling on city officials to consider enacting a temporary moratorium that would restrict construction of gas stations in Tu- stin. A growing number of com- munities in California and across the U.S. are adopting these kinds of policies as part of a safe cities movement. This empowers local authorities to regulate land use and protect public health. “With another Costco mega gas station only three miles away (at Tustin Legacy), the Tustin Ranch community does not need a toxic cleanup site on our doorstep,” Lee said. “We are asking for an Environ- mental Impact Report, as is war- ranted for a project of this scope. The city council has a better solu- tion to protect our community’s health, our environment, and our climate from harmful projects. They can take immediate steps to analyze the need for new gas sta- tions in Tustin, and consider plac- ing a temporary citywide mora- torium on the construction of gas stations.” See "Costco" continued from page 1 Orange City Council admits “bass-ackwards” approach to burger drive-thru approval By Tina Richards An Orange citizen appealed the city planning commission’s ap- proval of a Nexx Burger, slated to be built on Chapman Avenue, on the grounds that the number of re- quired parking spaces the builder was told to provide was based on an ordinance that had yet to be passed. “It was a process error,” Adri- enne Gladson said. “You can‘t approve a project that adheres to an ordinance that doesn’t exist.” When the planning commission approved Nexx Burger last May, the municipal code required it to have 31 parking spaces. A code revision that reduced the number to 18 was in the pipe- line, but not yet adopted. City planners allowed Nexx Burger the lower number. “If that ordinance hadn’t passed or been delayed,” Glad- son, a former Orange planning commissioner, notes, “then Nexx Burger would have been allowed fewer parking spaces than other like businesses in the city. That’s why there are processes in place, so this doesn’t happen.” Sooner or later The revised parking ordi- nance had been wending its way through the city system since late last year, but had not been sched- uled for city council approval. Shortly after Gladson filed her appeal, the parking ordinance was placed on the council’s Aug. 10 agenda. The public hearing for her challenge was scheduled for the same night. That night's council meeting agenda was packed with public comments, administrative reports, resolutions, and public hearings. Ironically, the parking ordinance was heard – and approved – just before Gladson’s appeal. The council did not get to her until almost 11 p.m. The cham- bers were practically empty. Oth- er individuals who had planned to comment gave up and left, save for one neighbor, who supported Gladson’s appeal. The right way Gladson’s presentation detailed city processes, where they origi- nated and why they were in place. She also explained her concerns about Nexx Burgers’ queuing strategy, the likelihood that cars at the drive-thru will spill over to Chapman, seating capacity (111 diners, 7 employees, 18 parking slots), noise and the negative im- pacts on neighbors. “I don’t have anything against Nexx Burger,” she told the coun - cil. “I want them to succeed. I just want to make sure the process is done right, and that you are aware of the details.” The lone public speaker report- ed that his house backs up to the Nexx Burger property, that pa - trons of the former tenant, Johnny Rebs’, often missed the driveway entrance on Chapman and parked on his street and there were “con- stantly people outside our house.” He also pointed out that his bed- room window is right where the drive-thru will be. “We’re trying to get a higher wall,” he said. Mayor Mark Murphy ac - knowledged that the process was flawed, but applauded city plan - ners for “thinking ahead.” They were aware of the coming chang- es to parking requirements, he ad- vised, adding that it would have been worse to insist on 31 spaces for Nexx Burger, only to have the business find out later that the re - quirement was 18. Remedial reading “We could have dealt with it,” he noted, “by adding a condition to the planning commission reso- lution that the approval was based on codes being fully adopted and enacted.” Kim Nichols referred back to the neighbor’s request for a higher wall. She was assured that Nexx Burger was talking to the homeowner and they were going to “work something out.” Regarding the premature ap- proval, she remarked that it seemed “bass-ackwards,” a de- scriptor inspired by the lateness of the hour. Chip Monaco said he was also happy that staff had “moved the project forward,” but accepted that there was a flaw in the pro - cess. “The planning commission should have made the condition that we’re going to tonight,” he acknowledged. That is, that the approval was contingent on the ordinance passing. Monaco also found that “the process was not consistent with how we normally operate.” Late, but not least “There was a process failure at the planning commission,” Glad- son said in her summation. “The conditional language was not part of the planning commission reso- lution. It was not fully explained to the commissioners. It was a major mistake. The moral thing is to admit a mistake was made and refund my appeal fee.” Councilwoman Ana Gutierrez had recused herself from the hear- ing because, she said, Gladson is a friend of hers, they’d talked about the issue, and although she believed she could be impartial, she did not want the perception to be otherwise. As midnight approached, the council voted to deny the appeal, and to insert a condition into the Nexx Burger approval that the relaxed parking ordinance be en- acted before occupancy. It also agreed to refund Gladson’s ap- peal processing fees. It was after midnight and there were still six items left for the council to consider. American Legion Post 132 celebrates 100 years Delayed one year by the pan- demic, the American Legion Or- ange Post 132 is making plans to celebrate its 100th anniversary on Saturday, Oct. 16. The U.S. Congress granted the American Legion a national char- ter in September of 1919. The Or- ange Post was organized the same year. It received its official charter on Oct. 1, 1920, making it one of the earliest Legions in California. The celebration will be held at the Post, 243 S. Lemon St., begin- ning with a cocktail hour at 5 p.m. The evening will include dinner, a program and dancing. Dignitaries expected to attend include: Orange Mayor Mark Murphy, Orange Police Chief Dan Adams, Battalion Fire Chief Mike Diersing, OC Supervisor Donald Wagner, State Senator Josh Newman and Congressman Lou Correa. The guest speaker is Douglas Westfall, author and teacher who has published America’s history for over 18 years. Westfall has given presentations throughout the United States, Canada, the Philippines, Latin America and Europe. Tickets are $40 per individual, $70 per couple, or $300 for a ta- ble of 8. The community is wel- come to attend. Dress is business casual. For additional information and tick- ets, contact Jose Martinez, marti - nezjoseg@yahoo.com. The Orange American Legion Post has, for a century, helped returning veterans adjust to ci- vilian life and served the larger community with scholarships, ed- ucation about the democratic pro- cess, oratorical contests, holiday events for low-income children and leadership for local patriotic events. Foothill High to hold 50th reunion A reunion for members of the Foothill High Class of 1971 is slated for Saturday, Sept. 25 at the Tustin Ranch Golf Club, from 11 a.m. to 3 p.m. Lunch will be served, and an alumni directory/biography booklet will be provided to attendees. For information, visit the reunion website at reunion- specialists.com or call (760) 721-0525. Tickets are $125 per person and may be purchased via the website. Repercussions reverberate at VP council meeting Fallout from Councilman Rob- bie Pitts’ comments at the May Villa Park City Council meeting (see “Open letter,” July Sentry ) continued to spill over into the Aug. 24 meeting. During public comments, resident Mary Beth Felcyn reiterated her demand for an apology and retraction from Pitts regarding his description of her involvement in filing Coun - cilman Robert Collacott's appli- cation to run for city council in 2018 (see “Letters to Editor,” this issue). Mayor Pro Tem Chad Zim - merman, via Zoom, stepped in, “I was present in that court trial. There was a section where Bob Collacott falsified a document, he admitted to it in open court, said ‘I did this.’ What Councilmem- ber Pitts stated is correct… We should be able to put this behind us.” Resident Tom Nixon chastised Pitts for walking out of the May 25 meeting after reading his state- ment. Nixon told Pitts that as an elected official, it is his responsi - bility to participate and be in at- tendance at the council meetings, or he should step down. Councilmembers were also dinged by residents who surmised that maintenance was performed on “their” streets, rather than on others due to council privilege. Both Mayor Crystal Miles and Zimmerman made it clear that no council privilege is involved, and that specific city procedures are followed. Repaving would obviously run past councilmember’s homes in such a small, two-mile-square city, noted Miles. Her street, she said, was repaved because of the installation of new gas lines. Zimmerman said that having his street repaved was not a con- sideration for running for office and devoting volunteer hours to the community. Members recuse themselves if their street is under discussion. A former councilman and may- or also came under fire, as it was implied that his community ser- vice status would help him get a needed variance. After his plans and permits for an ADU had been approved, foundations poured and framing up, it was discovered he needed a setback variance. He obligingly stopped construction for five months, as surveys were completed, papers filed, and city officials visited the site. The council ultimately granted the variance, 3-1, with Council- man Vince Rossini voting “no." Collacott had recused himself. In other matters, sheriffs will be more visible during school drop- off and pick-up times to enforce parking regulations and deter il- legal U-turns. Bill Underwood was approved as city treasurer for a four-year term.