06-25-1996 Council MinutesAPPkOVEU Bi ~HE c_rX COj~C~~ U~J Y ::;;' I ..;)::;;;'0.
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
June 25, 1996
The City Council of the City of Orange, California convened on June 25, 1996 at 4:30 P.M. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Spurgeon
1.2 ROLL CALL
PRESENT - Mayor Coontz, Spurgeon, Slater ABSENT -
Murphy, Barrera NOTE: Mayor
pro tem Barrera and Councilman Murphy entered the meeting at 4:45 p.m.
1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Lorena Vinet,
representing Orange Target Store, presented a check for $3,000 to the City for this
year's Concerts in the Park series.A plaque
was presented to Barbara Proud, representing Girl Scout Orange Service Unit Four, for
initiating the idea of an Earth Day Celebration.Mayor Coontz
announced the City provided funding for the signal and parking alignment improvements at
the Main Post Office on Tustin Avenue, indicating the Post Office had been very
cooperative with the project.1.4
PROCLAMATIONSA proclamation
honoring the 1996 Regional Occupation Program Business Leader of the Year was
accepted by Dr. Bob Jack, Veterinarian of the Villa Animal Clinic. (P2000.0)2.CONSENT
CALENDAR Tape 283 2.1
Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of
a regular meeting of June 25, 1996 at Orange Civic Center, Main Library,Police facility
at 1107 North Batavia, the Eisenhower Park Bulletin Board and summarized on
Time Warner Communications; 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
I
CITY COUNCIL MINUTES June 25, 1996
2. CONSENT CALENDAR (Continued)
2.2 Request Council confirmation of warrant registers dated June 11 and 14, 1996.
ACTION: Approved.
2.3 Approve City Council Minutes of June II, 1996.
ACTION: Approved.
AGREEMENTS
2.4 Request Council approve Cooperative Agreement between the City of Orange and the
United States Postal Service for construction of a traffic signal at Tustin St. and Quincy
Ave. (A2100.0 AGR-
2626)FISCAL IMPACT: A contribution of$47,000 into the Federal Government
Contribution Account No. 550-5032-483100-6005 on behalf
of the Postal Service.ACTION: Authorized Mayor and City Clerk to execute on
behalf of the City.2.5 Request Council approve Agreement between the City of
Orange and Officer Randy Thompson transferring ownership of police dog Eiko to
Officer
Thompson. (A2100.0 AGR-
2627)FISCAL IMP ACT: None.ACTION: Authorized Mayor and City Clerk to execute
on
behalf of the City.BIDS 2.6 Request Council approve the award of Bid No. 956-12, for
construction of 10" D.I.P.Water Main, Fairhaven Avenue Bridge at Route 55, in the amount
of $79,644.00 to Steve Casada Construction Co., Anaheim, and reject
all other bids. (A2100.0 AGR-2628)FISCAL IMPACT: Funds are budgeted
in the Water Capital Account
No. 601-8061-484501-8429 (Fairhaven Avenue Water Main).ACTION: Authorized Mayor and
City Clerk to execute on behalf of the City.2.7 Award of Bid No. 956-29 in the amount
of $124,795.00, for the installation of a city-owned street light system
on Katella Ave. and Tustin St. to Sierra Pacific Electrical Contractors, of
Riverside, CA, and reject all other bids. (A2100.0 AGR-2629)
FISCAL IMPACT: $124,795
funded from the Traffic Safety Capital Improvement Project Acct No. 500-5032-483100-
6456.ACTION:
CITY COUNCIL MINUTES
June 25, 1996
2. CONSENT CALENDAR (Continued)
2.8 Award Bid No. 956-30 in the amount of $103,034.00, for the installation of a
traffic signal and street lighting at the intersection of Tustin St. and Quincy Ave. to
Baxter-Griffin Co., Inc. of Stanton, CA, and reject all other bids. (A2l00.0
AGR-2630)FISCAL IMPACT: $110,000 funded from the City's TSIP (Area B) Account
No. 284-5032-483300-6052; and $47,000 from Account
No. 550-5032-483100-6005 of Federal Government Contribution
Account on behalf of the Post Office.ACTION: Authorized Mayor and City
Clerk to execute on behalf ofthe City.2.9 Request Council approve Contract Change Order
No. 1 for the installation of traffic striping, pavement markings for Bid No.
945-33, additional
work to the annual contract.A2100.0 AGR-2436)FISCAL IMP ACT: $14,
017.89 budgeted in
the departments
General Fund Contractual Services Account No. 100-5032-427100.ACTION: Approved.2.10 Request Council
approve and authorize the award of Bid No. 956-38, Custodial Services,to
Ambassador Building Maintenance, Inc., Anaheim, CA, in the
amount of $208,962 and reject all other bids. (A2100.0 AGR-2631)FISCAL
IMP ACT: Funds are budgeted
in the FY 96/97 Account Number 100-7028-424202 (General Fund, Custodial
Services).ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.11 Request
Council approve and authorize the award of Bid No. 956-40, Scott Air Paks, to Allstar
Fire Equipment, Inc., Baldwin Park, CA, in the amount of$235,159,
and reject all other bids and rescind the award to
Scott Aviation. (A2100.0 AGR-2591)FISCAL
IMPACT: Funds are budgeted in Account No. 120-3021-485100-2509 (Prop.172,
Safety Equipment, Self Contained Breathing Apparatus).ACTION: Authorized Mayor and City Clerk to execute on behalf
of the City.2.12 Request Council approve and authorize the award of
Bid No. 956-41, Furnish and Install Playground Equipment (Handy
Park), to Linnert Builders, Orange, CA, in the amount of
39,367 and reject all other
bids. (A2100.0 AGR-2632)FISCAL IMPACT: Funds are budgeted in Account
No. 510-
CITY COUNCIL MINUTES June 25,1996
2. CONSENT CALENDAR (Continued)
CONTRACTS
2.13 Request Council approve a Change Order in the amount of $7,000 for Engineering
Services Contract with Daniel Boyle Engineering for design services related to
construction of Reservoirs 9A and 10. (A2100.0 AGR-
2296)FISCAL IMP ACT: Funds are available for these services in the Water Capital
Fund Account No. 601-8061-484400-8316 (Reservoir 9A)
and Account No.
601-8061-
484400-
8317 (Reservoir 10).ACTION: Approved.DONATIONS 2.14 Request Council accept a check in the amount of $3,
000 from Target Stores for the Concert
in the Park series. (C2500.N)FISCAL IMPACT: $3,000 to be
deposited into Revenue Account No. 100-7011-293900 and appropriated to
Account No.
100-
7011-427800 for payment of band
performances.ACTION: Approved.LOANS REMOVED AND HEARD SEP ARATEL Y)2.15 Request Council
to authorize a Home Improvement Deferred Payment Loan in the amount of $21,000 for
Case #607, and authorizethe Finance
Department to prepare a warrant. (C2500.G.1.3.3)FISCAL IMP ACT: Funds
are
budgeted in the Deferred Payment Loan Account No. 315-6052-811601-
0000.Councilman Slater requested clarification on a condition of approval requiring the installation
of wrought iron security screen doors, indicating if the owner wants the screen doors, they
should provide the funding. From an aesthetics point of view, they are a detriment to
improving a
property and give the impression that a neighborhood has a crime problem.
The Director of Community Development indicated the homeowners may have asked for the security screen doors
and that he would have to confirm it at a later time.
The Police Chiefreported that Ordinances do set security levels both commercially and
residentially which involve direct locking
devices and
CITY COUNCIL MINUTES June 25, 1996
2. CONSENT CALENDAR (Continued)
MOTION - Slater SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Moved to
approve with the exception ofthe wrought iron security screen doors, which would
be considered at a future time.RESOLUTIONS 2.16
RESOLUTION
NO. 8595 A Resolution of
the City Council of the City of Orange approving the agreement between the City of
Orange and the Water Department Employees' Association (WDEA)concerning wages, hours,
and other conditions of employment effective March 1, 1996 through February 28,
1999, and repealing Resolution No. 8358 and amendments thereto for said employees. (
C2500.J.4A.l)ACTION: Approved.2.
17 RESOLUTION
NO. 8638 A Resolution of
the City Council of the City of Orange approving the Memorandum of Understanding between the
City of Orange and the Police Management Association concerning wages, hours
and other terms and conditions of employment effective June I,1996 through February
28, 1998 and repealing Resolution No. 8324 and amendments thereto for said
employees. (C2500.JA.2.1)ACTION: Approved.2.
18 RESOLUTION
NO. 8639 A Resolution of
the City Council of the City of Orange relating to the classification,compensation, and terms
of employment of designated executive management, staff management, and labor
confidential employees, and repealing Resolution No. 8362 and amendments thereto; and,
further, amending Exhibit "A" and "B" of Resolution No. 8362 as described herein. (
C2500J.4.6)ACTION: Approved.PAGE
5
CITY COUNCIL MINUTES June 25, 1996
2. CONSENT CALENDAR (Continued)
2.19 RESOLUTION NO. 8640
A Resolution of the City Council of the City of Orange approving the terms of the
Memorandum of Understanding between the City of Orange and the Operations and
Maintenance Unit, represented by Service Employees International Union Local 787,
concerning wages, hours and other conditions of employment for the period of March I,
1996 through and including February 28, 1999, and repealing Resolution No. 8360 and
amendments thereto for said employees. (C2500.J.4.4)
ACTION: Approved.
2.20 RESOLUTION NO 8649
A Resolution of the City Council of the City of Orange approving the Memorandum of
Understanding between the City of Orange and the Orange Management Association
concerning wages, hours, and other conditions of employment effective March I, 1996
through and including February 28,1999, and repealing Resolution No. 8354 and
amendments thereto for said employees. (C2500J.4.I)
ACTION: Approved.
REMOVED AND HEARD SEP ARA TEL Y)
2.21 RESOLUTION NO. 8651
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 96-4 adjusting a lot line of certain real property situated at the commercial
center presently known as the Mall of Orange in the City of Orange, County of Orange, State
of
California.Owner: Orange Mall Development Associates and Shoprop
Associates Location: West side of Tustin between Heim and
Meats Discussion: Barbara DeNiro, 1118 E. Adams, reported on heavy traffic on Heim
and Canal on Sunday evenings and asked why the Lot Line Adjustment was on the
agenda when the Wal-Mart issue is still before the
Planning Commission.The Director of Community Development responded the Planning
Commission is currently in the process of reviewing the Major Site Plan Review
for Wal-Mart.The Director of Public Works reported the Lot Line Adjustment is
not part ofthe Planning Commission review. The Lot Line Adjustment
would consolidate existing parcels and create a parcel which would be the Wal-Mart site,
if the project were approved. The Lot Line Adjustment does not create any additional
parcels or new lines until deeds are drawn, executed, and recorded. It would
be better to continue consideration ofthe Lot Line Adjustment until
the project
is
CITY COUNCIL MINUTES June i.'),. '~'~b
2. CONSENT CALENDAR (Continued)
Mayor Coontz advised Deborah Hawthorne, General Manager for Newman Properties at
the Mall of Orange, that she may only address the Lot Line Adjustment at this time, and
that other issues needed to be addressed under Oral Presentations.
Carole Walters, 534 N. Shaffer, commented that the Lot Line Adjustment should not be
considered at this time; expressed concern relative to the neighborhood notification
process; and recommended the Council vote no.
Lyssa Alatorre, 2508 N. Canal, expressed opposition to the Lot Line Adjustment; asked
who petitioned the lot line change; what was the reason for wanting to change the lot line;
and indicated she did not receive notification.
The Director of Public Works responded that the Orange Mall Development Associates
and Shoprop Associates are the applicants. The lot line would consolidate existing
parcels resulting in a parcel which would conform with the ownership that Wal-
Mart would ultimately
acquire.Barbara Toth, representing Newman Properties, leasing and managing agent for
Orange Mall Development Associates and Shoprop, 249 E. Ocean Blvd., Suite 300, Long
Beach,clarified that the Lot Line Adjustment is for the purpose of combining parcels from
the beginning of the mall, and is not directly related to the Wal-
Mart issue.MOTION -
Murphy SECOND - Coontz
AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION:
Continued until after Planning Commission action on Wal-Mart application is
received.
2.22 RESOLUTION NO. 8652
A Resolution of the City Council of the City of Orange repealing Resolution No. 6268
and rescinding approval of Lot Line Adjustment No. LL 85-1 concerning Parcels No.
13 and 14 of Parcel Map No. 84-756. (C2500.M.16.
l LLN-85-1)
Owners: Coast Federal Bank Location: Northwest corner of Brian
St. and
Yale Ave.
ACTION:
CITY COUNCIL MINUTES June 25, 1996
2. CONSENT CALENDAR (Continued)
2.23 RESOLUTION NO. 8653
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
No. LL 96-5 adjusting a lot line of certain real property situated at Parcels 13 and 14
in Parcel Map No. 84-756 in the City of Orange, County of Orange,
State ofCalifomia.C2500.M.16.
l LLN-96-5)
Owner: Coast Federal Bank Location: Northwest corner of Brian
St. and
Yale Ave.ACTION: Approved.2.
24 RESOLUTION NO. 8654 A Resolution of the City Council of the City of Orange
approving Lot Line Adjustment LL 96-3 adjusting a lot line of certain real property situated at
Parcel 2 of Lot Line Adjustment No. LL 88-17, together with a portion of Tract
No. 964 and a portion of abandoned Hollister Street in the City of Orange,
County of Orange, State of
California.C2500.M.16.1
LLN-96-3)Owner: ZML-Orange Limited Liability Company
Location: Abandoned
Hollister St. between Orangewood and
State College ACTION: Approved.2.25 RESOLUTION NO. 8655 A Resolution of the City Council
of the City of Orange finally accepting the completion
ofa certain Public Work and Improvement. (A2100.0
AGR-2526)Bid No.
956-16,
Sycamore Park Restroom Concession Building
Marcus P. South & Associates ACTION: Approved.2.26 RESOLUTION NO. 8656 A Resolution of the
City Council of the City of Orange finally accepting
the completion ofa certain Public Work and
Improvement. (A2100.0
AGR-2533)
BID NO. 956-17, Santa Fe Depot
Park Granger
CITY COUNCIL MINUTES June 25, 1996
2. CONSENT CALENDAR (Continued)
2.27 RESOLUTION NO. 8658
A Resolution of the City Council of the City of Orange authorizing the execution of a
Cooperation Agreement with the Orange Redevelopment Agency to dispose of surplus
City property at the northwest corner LaVeta Avenue and Main Street. (RA2100.0
AGR-
2633)Discussion: Carole Walters, 534 N. Shaffer, asked if this issue was considered in
public discussion last week and
postponed?The Interim Director of Economic Development responded this is the first time the
issue has been on the agenda. The Public Works Department purchased the comer of La
Veta and Main in order to acquire the right-of-way to widen the
intersection. The Economic Development Department would use redevelopment funds to
purchase the excess property from the Public Works Department to redevelop or
economically improve and enhance
the excess property.
MOTION - Murphy SECOND -
Barrera AYES - Murphy, Barrera, Mayor Coontz
ABSTAIN - Spurgeon, Slater ACTION:
Approved.REMOVED
AND HEARD SEP ARA TEL Y)2.
28 RESOLUTION NO. 8663 A
Resolution of the City Council of the City of Orange overruling the recommendation of the
Planning Commission of the City of Orange and granting a Conditional Use Permit to allow
a Residential Care Facility upon property situated on the north side of Taft Avenue,400
feet west of Tustin Street. (C3300.0 CUP-2130-
95)Conditional Use Permit
2130-95 Southern California
Presbyterian Homes Discussion: Barbara DeNiro, 1118 E. Adams, asked if the CUP allows for
a Residential Care Facility or Assisted Living; who owns the property; is the deed
restriction recorded yet and could it be read into the record; when will the questions asked in
previous letters be answered; is the CUP for Clow and Clow or SCPH; and if the deed
restriction applied to Agenda Items Nos. 2.28, 2.29 and 8.1, or just
the CUP?The Director of Community Development responded the resolution applies only
to the CUP and there are separate resolutions for the other items. The deed
restriction was
PAGE
CITY COUNCIL MINUTES June 25, 1996
2. CONSENT CALENDAR (Continued)
recorded today and the City Attorney's office has a copy. He did not believe the
ownership had changed. The assisted care category is under the City's Ordinance.
The City Attorney reported the deed restriction will be part of the City record. The public
hearing was completed and the condition of the deed had to be met before the Resolution
could be adopted.
MOTION - Barrera SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.2.
29 RESOLUTION
NO. 8664 A Resolution of
the City Council of the City of Orange overruling the recommendation of the Planning Commission
of the City of Orange and approving the General Plan classification of property
located on the north side of Taft Avenue, 400 feet west of Tustin Street. (C2300.
E GP A-4-95)General
Plan Amendment 4-95
Southern California Presbyterian Homes
ACTION: Approved.
TRACTS
2.30 The Staff Review Committee requests Council approve a one year's extension of time for
Tentative Tract Map 14105, Hall and Foreman, Inc., an approved residential subdivision
of six lots in the Orange Park Acres area, on the site of the Santiago Canyon Tennis and
Swim Club. (T4000.0 TTM-
14105)FISCAL IMPACT:
None.ACTION:
Approved.MOTION - Murphy
SECOND - Spurgeon A
YES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Items Nos.
2.15, 2.21, 2.27 and 2.28 were removed and heard separately. All other items on the
Consent Calendar were approved as recommended.END OF
CONSENT CALENDAR PAGE 10
I
CITY COUNCIL MINUTES June 25, 1996
3. REPORTS FROM MAYOR COONTZ - None 4.
REPORTS FROM COUNCILMEMBERS Tape 1062 Councilman
Slater announced that Miss Orange won the Miss California Pageant; requested a proclamation
be declared to that effect as soon as possible; and that she be invited to the Council Chambers.
Miss California will be attending the Fourth of July celebration on July 3 at Kelly Stadium.
Mayor
Coontz indicated she would be making the announcement at the 7:00 p.m. session in conjunction
with the Miss Orange Pageant Contestant Presentation.5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 1039 5.
1 Reappoint William Warne to the Orange Public Library Board of Trustees, term to expire
6/30/99. (C2500.I.l)Mayor
Coontz directed a notification ofreappointment letter be sent to Mr. Warne.MOTION
SECOND
AYES
Spurgeon
Barrera Murphy,
Barrera, Mayor
Coontz, Spurgeon, Slater Moved to approve the
reappointment.6.ADMINISTRATIVE REPORTS Tape
1087 6.1 Appeal from
Mr. Richard Wells to reverse the decision by the City Traffic Commission to remove the '
No Parking Anytime' restrictions on Old Camp Road north of Canyon View Avenue. (S4000.
S.3.1.1)TheDirector ofPublic
Works reported that approximately six to eight months ago the Orange County Department of Parks
and Beaches requested the City install parking restrictions on Old Camp Road, as they
would be imposing a parking fee at Peters Canyon Regional Park. There was a concern that
park patrons may park on adjacent residential streets to avoid paying the fee.Notices were sent out
when the matter came before the Traffic Commission. The parking restrictions were approved. After
the signs were installed, staff was contacted by residents from the condominium project indicating
they had not received notification. They were concerned with the removal of
parking because of parking difficulties being experienced within the project.The matter was again
noticed and reconsidered by the Traffic Commission. The Commission reaffirmed the parking prohibitions
on the entire roadway, including the cul-de-sac.Numerous letters
were received in favor and opposition to the parking restrictions. Parking restrictions on
the east side of the roadway south of the entrance to the tract would effectively deal with
the safety problems created by cyclist unloading in the roadway and creating potential traffic problems.
There have been no police calls into the area since the parking restrictions were installed, however,
there had been seven in the prior six month period.PAGE 11
CITY COUNCIL MINUTES June 25, 1996
6. ADMINISTRATIVE REPORTS (Continued)
Richard Wells, 8636-B SugarloafPeak Road, indicated he is only requesting the parking ban
be rescinded on the eight car parking at the end ofthe cul-de-sac, which is used as
an overflow by condominium residents. There are several vacancies within the complex
and the parking problem would increase with a higher occupancy. He indicated he was not
involved in meetings with the Homeowners Association when City staff had
recommended parking problem alternatives. He again requested that Council leave the temporary parking on
the cul-de-sac end
until the matter is settled.The City Manager stated that part of the problem exists due to
the under utilization of garage space by the homeowners. The roadway on which the on-
site parking is currently prohibited is approximately 30-32 ft. wide, a sufficient width to allow parking
on one side, which could be a viable alternative
without a significant impact on traffic flow.Mayor Coontz reported that when the City was
originally approached by the County, their initial concern was the parking situation and problems the City
may encounter due to the parking fee
being implemented at Peter's Canyon Park.David Bui, 8100 San Luis Drive, reported that notification
was not sent to the Santa Rosa Homeowner's Association on Presidio off of Skylark, which is
located on the other side of the park. The area has experienced an increase in parking
and traffic problems due to people going to Peter's
Canyon Park and
was concerned with
safety.MOTION - Coontz SECOND - Murphy AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon NOES - Slater Moved to retain temporarily the parking on the cul-de-sac of
Old Camp Road; the Community Development Department in conjunction with the
Public Works Department communicate with the homeowner's association regarding the parking of automobiles in
the garages as required by the Ordinance; further discussion with the homeowner's association
regarding the use of some streets for single parking. The City will communicate with the
County of Orange regarding the problems created and determine if the lot could be paved; possible removal
of the $2.00 parking fee; and address security issues at the park. In addition, have the item
return to Council in six months or sooner when the homeowner's association has made
a final decision on internal parking. Further, reviewing the parking requirements of
condominiums
vs. apartments should be considered.Councilman Slater indicated he could not support the motion, but would
rather see closure to the entire roadway. There is a need for additional parking
which should be accommodated within the complex. He liked the fact that police calls are down and staff
has observed that no residents are parking on the street and using the complex; added that
bicyclists could take advantage ofthe cul-de-sac parking; and expressed
concern with
CITY COUNCIL MINUTES June 25, 1996
6. ADMINISTRATIVE REPORTS (Continued)
6.2 Treasurer's Report - For period ending May 31, 1996. (C2500.F)The
Director of Finance reported the invested balance was $114,070,000, which is a decrease of approximately
half a million from the prior month. The Local Agency Investment Fund Balance was $
6,027,000. The Portfolio Yield to Maturity was 5.39% and the average maturity of the Portfolio
was 8.81 years. The City is in compliance with state codes and the investment policy.An
explanation was given on the Local Agency Investment Fund and a report was given on the recent
LAIF Conference which the Director of Finance and members of the Investment Advisory Committee
attended. Mayor Coontz requested that a brief report be prepared in the future which could
be attached to the Treasurer's Report.MOTION
SECOND
AYES
Spurgeon
Murphy Murphy,
Barrera, Mayor
Coontz, Spurgeon, Slater Moved to approve.7.
REPORTS FROM CITY
MANAGER - None 8.LEGAL AFFAIRS Tape 2112
8.1 ORDINANCE NO. 14-
96 An Ordinance of the
City Council of the City of Orange amending Title 17 of the Orange Municipal Code and approving
the reclassification of property situated on the north side of Taft Avenue, 400 feet west
of Tustin Street. (ZI500.0 ZCG-1178-95)Zone Change
1178-95 Applicant:
Southern California Presbyterian Homes Barbara
DeNiro, 1118 E. Adams, indicated she understood the deed restriction applied to Clow and
Clow rather than Southern California Presbyterian Homes.Bob
Mickelson, 121 W. Rose, representing Southern California Presbyterian Homes responded that
the grant deed was recorded this morning transferring the property from Clow and Clow to Southern
California Presbyterian Homes and the deed restriction was recorded at the same time.MOTION
SECOND
AYES
Murphy
Spurgeon Murphy,
Barrera, Mayor
Coontz, Spurgeon, Slater Moved that Ordinance No.
14-96 have second reading waived and be adopted and same was passed and adopted
by the preceding vote.PAGE 13 I
CITY COUNCIL MINUTES June 25, 1996
9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10. ORAL PRESENTATIONS
Barbara DeNiro, I I 18 E. Adams, distributed a handout to Council, expressed concerns regarding
the lingerie store on North Tustin and asked if steps are being taken to avoid the problems.
The City Attorney commented that business license is revenue producing and not a regulatory
measure. The business is being investigated in conjunction with the police department to
determine whether it is an adult business.
The following individuals spoke in opposition to the location ofWal-Mart at the Mall of
Orange:Carole Walters, 534 N.
Shaffer Lyssa Alatorre, 2508 N.
Canal Sharon Rockmore, 2621 N.
Canal Judy Kidd, 3521 E. White Spring
Lane Their concerns were relative to increased vehicle and pedestrian traffic, children's safety, rise
in crime, the affect on property values; and they requested to be notified ofWal-Mart issues.
It was suggested when a project concerns a neighborhood, a study session be held with
the neighbors,the City Council and the
Planning Commission.The Director of Community Development reported the notification process requires
the applicant to provide a mailing list from an Orange County title company. The process for the
location of Wal-Mart at the Mall of Orange would require a Major Site Plan Review
which involves sending notices to property owners. A public hearing was held before the Planning
Commission and was continued. If the Planning Commission decision were appealed the issue would
come before the Council for
a public hearing.The City Manager advised the Council that a survey could be done of other
agencies that provide mailing list services and a report could be brought back to Council within
30-45 days outlining the procedures and costs involved
in the notification process.Mayor Coontz suggested that concerned residents attend the
next Planning Commission meeting on Monday, July 1st; individuals wishing to be notified of the process
provide their name and address to the Director of Community Development; and concerns
relative to the notification process could be discussed with the Director of Community
Development following the meeting.It was further indicated that Federated owns the Broadway site and has the
first right of refusal,as an anchor store, to determine what store
goes into the Mall.The following individuals spoke in support ofWal-Mart
at the Mall of Orange:Deborah Hawthorne, representing the Mall of Orange, 2298 N.
Orange Mall, spoke on behalf of Gerard Thibodeau, owner of J & C Creative and President
for the Mall of Orange Merchant's Association, and Leslyn Newman, manager of Pet
Pantry and Vice President for the Mall
of Orange
CITY COUNCIL MINUTES June 25, 1996
10. ORAL PRESENTATIONS (Continued)
Barbara Toth, Senior Vice President for Newman Properties, spoke on behalf of Orange Mall
Development Associates.
Council discussion ensued and it was suggested that the City Manager direct staff to review the
traffic circulation and impact issues which are independent of the Mall of Orange and the EIR
process for the Canal Street area, looking specifically to the area surrounding the Sports Center.
11. RECESS
MOTION
SECOND
AYES
Murphy Spurgeon
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater The City Council
recessed at 6:35 p.m. to a Closed Session for the following purposes:a. Conference with
Legal Counsel- existing litigation - City of Orange v. James Daum, et al;Orange County Superior Case
No. 73-86-30 b. Conference
with Legal Counsel - anticipated litigation - Initiation of litigation pursuant to Government Code Section 54956.
9(c) (one potential case).c. Conference with Labor
Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director. Employee
Organization: All Employee Organizations (List Available in Personnel Office).
d. Public employment pursuant
to Government Code Section 54957: City Attorney.e. Conference with real
property negotiator regarding acquisition of real property pursuant to Government Code Section 54956.
8: Properties: 495 South Olive; 492 South Orange; 205, 207,215,217,223,233,
235 West La Veta. Negotiating parties: Cuellars, Banuelos, and Walkers;Under Negotiation: Price and
terms.f. 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 The City Council convened
at 7:20 p.m.12.1 INVOCATION Dr.
Carol Orcutt, First
Reader First Church of Christ
Scientist, Orange PAGE 15
CITY COUNCIL MINUTES June 25,1996
12.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Barrera
12.3 ANNOUNCEMENTS
Mayor Coontz announced the appointment of Alan Burns as Interim City Attorney for the
City of Orange effective July 1, 1996.
12.4 INTRODUCTIONS
Dale Pilgrim, representing Orange Sister City, introduced Jack Ferraro, President of
Orange Sister Cities International; Vladimir Serokin, school principal in Russia; and
visiting children from Orange's Sister City of Novo Kosino, Russia. Gifts were
exchanged between representatives of Novo Kosino, Russia and the City.
12.5 PROCLAMATIONS - None 12.
6 PRESENTATIONS Mayor
Coontz aill10unced that Miss Orange, Lyndsay Kahler became Miss California last weekend
at the Miss California Pageant in Fresno. Tricia Roby will be crowned Miss Orange
at an upcoming event.Pam
Milliken, Assistant Executive Director of the Miss Orange Pageant Association introduced
Pageant Association Board Members and requested Council calendar several dates
for Miss Orange Pageant Association events.1997
Miss Orange Pageant Contestants were introduced and presented with flowers by members
ofthe City Council.Pam
Milliken, President of Soroptimist, presented a donation of $1 ,000 to the Orange Public
Library for large print fiction books.13.
PUBLIC HEARINGS Tape 5940 13.
1 GENERAL PLAN AMENDMENT 1-96, ZONE CHANGE 1181-
96,ENVIRONMENTAL IMPACT REPORT 1500-96, CITY
OF ORANGE:Note: Discussion of Item 13.2 and Redevelopment Item 10.1 were considered
under
this item.The public hearing to consider Environmental Impact Report No. 1500-96
for the Third Amendment to the Southwest Redevelopment Plan for the
Southwest Redevelopment Project Area has been continued from June 11, 1996 to this time. A proposal to
amend the Southwest Redevelopment Project Plan by adding approximately 2.2 acres ofland comprised of a
total of 13 properties to the existing
proj ect
area.
CITY COUNCIL MINUTES June 25, 1996
13. PUBLIC HEARINGS (Continued)
The project site is bounded by Culver Avenue to the north, La Veta Avenue to the south, Main
Street to the east and Alpine Road to the west. The addresses of the properties are as follows:
405-491 S. Alpine Rd; 1422-1430 W. Culver Ave.; 1425-1435 W. La Veta Ave.;
and
402-490 S.MainSt.Amendment to the General Plan Land Use Element of 10 residential parcels on
the east side of Alpine Road from Low Density Residential (2-6 dwelling units
per acre) to General Commercial.Zone Change to allow the reclassification of
residential parcels from R-I-6 (Residential-Single Family District, 6,000 sq. ft.
minimum lot size) to C-2 (General Business District).In compliance with
the provisions of the California Environmental Quality Act (CEQA),Environmental Impact Report (
EIR) 1500-96 has been prepared to evaluate the
potential environmental impacts of this project. (C2300.E GP A-I-96)Mayor Coontz announced this is a Joint
Public Hearing on City Council Item Nos. 13.1 and 13.2 and Orange
Redevelopment Agency Item No. 10.1, the Third Amendment to the Redevelopment
Plan for the Southwest Redevelopment Project and related General Plan Amendment, Zone Change and Environmental
Impact Report continued from June II, 1996 to June 25,1996. The City Council is
now in session jointly with the Redevelopment Agency Board. All items were the subject of a public hearing
on June 11, 1996. At that hearing the public was given an opportunity to submit testimony
and written comments in favor of or in opposition to all the
agenda items. After receiving extensive public testimony and written comments, the public hearing was closed and the
items were continued to this date for the purpose of responding to
written objections to the proposed Third Amendment to the Southwest Redevelopment Plan.The City Attorney reported that
at the June II, 1996 meeting, prior to the public hearing, based on action
before the Council and the Agency, three members declared potential conflicts. Four votes are legally required in order
for the Council and the Agency to take action. A drawing was held by the City
Clerk to determine who would be allowed to participate and the drawing resulted in
Councilman Spurgeon and Councilman Slater being left on the Council and Agency to participate. Mayor pro
tem Barrera did not participate in any of
the proceedings, and would not participate on this item
on the agenda.Mayor pro tem Barrera was excused from the meeting.The
Director of Community Development suggested the wording be modified on the mitigation measures which
addresses the possible cul-de-sac and the wall along Alpine. The changes allow the proper process
for abandonment of streets to be followed and decisions to be made
at the appropriate time. Redevelopment on the properties would involve a public process
for applications that the projects would have to comply with ifnew development should occur.Most
of the development would require a Conditional Use Permit or another public hearing type
of application necessitating a public hearing either before the City Council and/or Planning
Commission and each project would need to comply with all City Ordinances.
Within the
zoning
CITY COUNCIL MINUTES June 25, 1996
13. PUBLIC HEARINGS (Continued)
adjacent properties and property lines. Noise, light and traffic issues would also be addressed, as
would normally be reviewed at the time of a public hearing application.
The Interim Director of Economic Development reported the Plan Amendment would bring the
northwest corner of Main and LaVeta and the ten parcels on the east side of Alpine into the
Southwest Project Area. The northwest comer of Main and LaVeta is currently the only
commercial property on the strip of Main Street that does not have the advantage of being part of
the redevelopment area, and the ten parcels on the east side of Alpine would be divided by a
street rather than an alley. The Plan Amendment would create an opportunity and environment
for development in the future.
Stuart Dygert, 147 N. Grant Place, owner of property at 443 S. Alpine Street, stated he is in favor
of the General Plan Amendment and the zone change, however, is opposed to the Amendment to
the Southwest Redevelopment Plan which involves taking residential property. He indicated if
he had to sell the property, he could only could sell it to the City.
Bob Bennyhoff, 10642 Morada Drive, commented that he does not oppose the action. Concern
was expressed that since this was the first time the City may decide to replace a residential area
for redevelopment purposes, and hoped the Council maintains their opposition to removing
residences for the purpose of redevelopment.
The Redevelopment Agency Counsel explained a redevelopment law provision allows for
property owners, after three years of adopting an amendment, to offer to sell their property to the
Agency at fair market value. If an owner chooses to sell, the Agency has 18 months to decide
whether or not to accept the offer, purchase the property, or exempt the property from eminent
domain. The Agency is never in a position to have to purchase the property. After the 18 month
period, if the Agency neither buys the property nor exempts the property from eminent domain,
the owner is reserved the right to file an action or claim against the Agency for inverse
condemnation. The property proposed to be added to the Third Amendment would be under the
same rules as all commercial and residential property that are already in the Redevelopment
Project Area. The property owner's have the right to offer to sell their property to the Agency at
fair market value, if nothing has happened after three years. There is no restriction under the
Redevelopment Plan on any owners right to buy or sell property. The Agency normally has
twelve years to exercise it's power of eminent domain under the statute.
RESOLUTION NO. 8657
A Resolution of the City Council ofthe City of Orange certifying Environmental Impact Report
No. 1500-96 for the Third Amendment to the Southwest Area Redevelopment Plan
and Associated General Plan Amendment and Rezoning, subject to certain findings, approval of
a Statement of Overriding Considerations, and approval of a Mitigation Monitoring
Program.PAGE
CITY COUNCIL MINUTES June 25, 1996
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
ABSENT
Murphy
Slater Murphy,
Mayor Coontz, Spurgeon, Slater Barrera Moved
to adopt
Resolution No. 8657 as introduced, be adopted and same was passed and adopted by the
preceding vote, and certifying Environmental Impact Report No. 1500-96 with the revised
Mitigation Measures referred to as part of Exhibit "B" of Agenda Item No. 13.2 dated June 11,
1996; Land Use Mitigation Measure No.2 - Add additional language; Air Quality Mitigation Measures - Page
2.2-4 - Addition oflanguage; and Traffic Mitigation Measure 2.3-6 -Adding newMitigation Measure
No.3.MOTION SECOND AYESABSENT
Mayor
Coontz
Slater
Murphy,
Mayor Coontz, Spurgeon,
Slater Barrera
Moved to approve General Plan Amendment
1-96.
MOTION SECOND AYES ABSENT Mayor Coontz Slater
Murphy,
Mayor
Coontz,
Spurgeon,
Slater Barrera Moved
to approve
Zone Change 1181-96.13.2
JOINT PUBLIC
HEARING WITH THE ORANGE REDEVELOPMENT AGENCY
TO CONSIDER THE THIRD AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PLAN:
Note: Discussion of Item 13.2 and Redevelopment
Item 10.
1 were considered under Item No. 13.1.The joint public hearing with the Orange
Redevelopment Agency has
been continued from June 11, 1996 to this time on the proposed adoption
of the Third Amendment to the Southwest Redevelopment Plan for the Southwest Redevelopment Project Area. A proposal
to amend the Southwest Redevelopment Plan by adding approximately 2.2 acres of
land comprised of a total of 13 properties to the existing project area. Certification ofEIR
1500-96 satisfies CEQA requirements for Item 13.2. (R3500.0.6)RESOLUTION
NO. 8662 A Resolution of the City Council
of the City
of Orange considering, responding and making written findings in response to written objections to the
proposed Third Amendment to the Redevelopment Plan for the Southwest Redevelopment Project.I PAGE
19
CITY COUNCIL MINUTES June 25, 1996
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
ABSENT
Spurgeon Slater
Murphy, Mayor
Coontz, Spurgeon, Slater Barrera Moved that
Resolution No.
8662 as introduced, be adopted and same was passed and adopted by the preceding vote.ORDINANCENO. 17-96
An Ordinance of
the City Council of the City of Orange approving and adopting the Third Amendment to the
Redevelopment Plan for the Southwest Redevelopment Project.MOTION SECOND AYES
ABSENT
Slater
Murphy
Murphy,
Mayor Coontz,
Spurgeon, Slater
Barrera Moved that Ordinance No. 17-
96 have
first reading waived and same was set for second reading by the preceding vote.13.3CONDITIONALUSEPERMIT2146-
96, PJ's ABBEY:Time set for a public
hearing on petition by Gary Mead, owner of PI's Abbey to consider an amendment to Resolution No. 8443
deleting or modifying certain conditions; Conditional Use Permit 2146-95 to allowtheon-sale of beer and wine in conjunction with the operation ofa restaurant (pJ's
Abbey). The restaurant is located at 182 S. Orange Street. (C3300.0 CUP-2l46-96)NOTE: This
project is categorically exempt from the provisions ofthe California Environmental Quality Act
per State CEQA Guidelines Section 15301.The Director
of Community Development reported the property is located on the corner of Almond and
Orange in Old Towne. The zoning on the property is C-I and surrounded by similar C-I zoning. The uses surrounding PI's Abbey are offices, a church, and residential uses to the
south. Conditions requested by the applicant to be amended are as follows: I) to allow the entire5,000 sq. ft. building to be used as a restaurant; 2) to delete the condition which prohibitedalcohol; 3) to delete the condition prohibiting Jive entertainment; 4) to change the hours of
operation from 6:00 a.m. to II :00 a.m. Sunday thru Thursday and 6:00 a.m. to midnight FridayandSaturday; 5) and to correct the number of parking spaces provided on the site. A report willbebroughtbacktoCouncilinlateAugustrelativetohowtheuseisconformingtothe
neighborhood.
Doug Westfall, 1125 W. Palm, spoke in favor of the proposal.
PAGE 20
CITY COUNCIL MINUTES June 25, 1996
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Spurgeon Murphy
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved that the
project is categorically exempt from the provisions of the California Environmental Quality Act
per State CEQA Guidelines Section 15301.MOTION SECOND AYES
Spurgeon
Mayor
Coontz
Murphy, Barrera,
Mayor Coontz, Spurgeon,
Slater Moved to approve amendments to Resolution
No. 8443.MOTION SECOND AYES Spurgeon Mayor Coontz
Murphy,
Barrera,
Mayor
Coontz, Spurgeon,
Slater Moved to
approve Conditional Use Permit 2146-96 as
outlined in Planning Commission Resolution No. PC-30-96.14. PLANNING AND
ENVIRONMENT - None 5.
ORAL PRESENTATIONS - None 16. ADJOURNMENT MOTION
SECOND AYES Barrera Spurgeon Murphy,
Barrera, Mayor
Coontz,
Spurgeon,
Slater
The City
Council adjourned
at 9:03 p.m.I /!Ie'
1-. I,. t "-_ . \__.( ,_ /.JOANNE C. COONTZ MAYOR 7 1
PAGE
21