08-06-1996 Council MinutesApprovec ~Y :~e Cl:Y CounCl_ on
CITY COUNCIL MINUTES
OF AN ADJOURNED REGULAR MEETING
Augus: .<./, .'.:1:1b.
ORANGE, CALIFORNIA
August 6, 1996
The City Council of the City of Orange, California convened on August 6, 1996 at 4:30 P.M. in
an Adjourned Regular Meeting in the Weimer Room, 300 E. Chapman Avenue, Orange,
California.
4:30 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Slater
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None 2. CONSENT CALENDAR
2.1 Declaration
of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of an
Adjourned Regular meeting of August 6, 1996 at Orange Civic Center,Main Library, Police
facility at 1107 North Batavia, 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
Adjourned Regular meeting.ACTION: Accepted Declaration
of Agenda Posting and authorized its retention as a public record in
the Office ofthe City Clerk.MOTION - Slater SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater The Consent Calendar was approved as
recommended.END OF CONSENT CALENDAR 3. REPORTS
FROM MAYOR COONTZ - None
4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
6. ADMINISTRATIVE REPORTS - None PAGE 1
CITY COUNCIL MINUTES August 6, 1996
7.REPORTS FROM CITY MANAGER Tape 58
The City Manager announced the purpose of the Study Session is to provide information and an
educational opportunity for the Council and the public. No decisions will be made at this Study
Session.
7.1 a Presentation on traffic and other issues impacting the neighborhoods surrounding
the Orange Mall.
The Director of Community Development gave a brief historical update on the Mall area.
The Super Sports development located at the former Junior High School on Canal Street and
Meats Avenue draws participants from the larger community. The City's goal is to protect the
safety, peace and quiet of the neighborhood by making certain Super Sport's hours of operation,
noise levels and lights, are adhered to in a strict manner. Progress is being made and the
situation continues to be monitored by staff for reliable performance.
The Director of Public Works commented his focus would be on five areas of concern that were
identified from the public testimony before the Planning Commission. The item appearing to be
most significant was the bus traffic on Canal Street, which was researched to identifY options.
The use of Canal Street by buses dates back to an agreement between the City and OCTE in 1986
which provided for reconstruction of approximately 450 ft. of Canal Street to accommodate bus
layovers and construction of bus bays on Tustin Avenue. The Canal Street operation was
intended to be reviewed five years after completion of the Tustin Avenue bus bays. Uses on
Canal Street by OCTA at the present time include: I) a turn-around area for some ofthe
bus lines; six or seven bus lines use the area as a terminal area which includes the use of the bus
bays on Tustin Avenue; 2) three bus stops on Canal Street; and 3) a staging and layover area for
the buses. The terminal facility also serves as a time transfer
function.OCT A has indicated the easiest and least costly change in their operations would be
the elimination oftwo ofthe three bus stops. An option on the turn-around issue would be
to utilize other streets - the closest street would be Orange Olive Road. However, it would increase
travel distance and OCT A has indicated it would be unacceptable in terms of their operating
expenses.The staging and layover use on Canal Street could be mitigated if more bus phases were built
on Tustin Avenue which would cost approximately $75,000 - $100,000, without a right-
of-way.The original Tustin Avenue bus bay project was a shared cost between the City and
the OCTA,however, it is uncertain whether the right-of-way was donated, dedicated,
or purchased by the shopping center. A right-of-way would be needed in order to
build bus phases. The City is continuing discussions with OCT A to pursue the bus phase
option and elimination of bus stops.Traffic volume counts done on Canal Street ranged from 5,500 to
6,900 vehicles per day between Heim and Meats Avenue. The General Plan designation for Canal
Street and that area is a commuter street 60 ft. wide with an expected traffic volume of 10,000 -
12,000 vehicles per day.Truck pick-up and delivery areas are located at the rear of
the shopping center on the Canal Street side and trucks have been using the driveways via
Heim or
CITY COUNCIL MINUTES August 6, 1996
7. REPORTS FROM CITY MANAGER (Continned)
Heim and Meats Avenues are not truck routes. The Vehicle Code requires an overweight vehicle
to travel from an unrestricted street to its point of pick-up and delivery by the most direct
route,and since there is direct access to Tustin Avenue, the use of Canal Street, Heim or Meats
Avenue would violate the provision of the Vehicle Code. However, the use has been going on for
many years, and it is suggested the impacts of making the changes be reviewed. There are
safety considerations with running truck traffic through the shopping center parking lot. An option
may be to restrict deliveries to certain hours of the day, if there are specific concerns over noise
and traffic
safety.Issues were raised about the possibility of installing a traffic signal at Heim Avenue and
Canal Street. There is presently a four way stop at Heim Avenue and Canal Street, which is
acceptable in providing a reasonable level of safety, and there is no record of accident history at the
location.Sidewalk construction on Canal Street south ofHeim Avenue near the shopping center
would also require pavement widening, curb and gutter construction, and grading. The frontage
along Canal Street is approximately 400 - 450 feet and 600 feet along Heim Avenue, and construction
would involve right-of-way acquisition. The project would be costly, however, it
could be proposed to be included in the City's Capital Improvement Program ifit is needed from
a
safety standpoint.A need is not present for crosswalks or pedestrian signals located mid-block
or at residential intersections on Canal Street. Pedestrian count studies could be undertaken
to determine the level of activity, which could best be performed
after school starts.The Police Captain gave an overview of the history of the Mall of Orange
area. The Police Department has a substation in the Mall and two officers are designated as
liaison officers with the Mall of Orange. The law enforcement agencies of the cities of Laguna
Niguel, Lake Forest,and Anaheim reported there were no significant increases in crime with
the addition ofWal-
Mart
to their community.RECESS The City Council recessed at 5:10 p.m. to a Closed Session
for the following purposes:a. Conference with Legal Counsel pursuant to Government Code Section
54956.9 - existing litigation. Beanbags Plus, Inc., et ai, vs. City of Orange, et ai, Orange
County Superior Court
Case No. 75-06-34.b. To consider and take possible action upon such other matters as
are orally announced by the City Attorney, City Manager, or City Council prior to such recess
unless the motion to recess indicates any of the matters will not
be considered in Closed Session.The City Council reconvened at 5:20 p.m
to the
CITY COUNCIL MINUTES August 6, 1996
7. REPORTS FROM CITY MANAGER (Continued)
b. Presentation on issues and procedures for the August 13th Council public heariug ou
Wal-Mart Stores, Inc.
appeal.The City Attorney reported the City Council does not have the ability to determine
specifically the type of store proposed for the Orange Mall. The zoning code dictates specific uses that
are allowed in every land use zone in the City. The Mall of Orange is zoned CTR (
Commercial Zone), in which retail stores are allowed, and that is the extent of Council's review as to the
use
proposed.The Code also requires the City undergo a Site Plan Review of the proposal. Orange
Municipal Code Section 17.10.060 requires the project undergo a Major Site Plan Review procedure
and establishes five criteria the Council may look at in the site plan procedure, which
include:Design elements that affect the compatibility of the proposal with the
surrounding neighborhood i.e. height of the building, aesthetics of the building, and
setbacks.Building and site plan issues i.e. bulk and mass of the building, landscaping and
adequacy.Circulation and traffic
safety.Adequacy of City services, specifically as to the design of the proposal in order to try
to minimize the demand for public
services Environmental protection i.e. the impact of the project i.e. flora, fauna, animal and plant
life,stream beds, and historic
preservation.The Director of Community Development stated the Major Site Plan Review will be
considered and all correspondence, petitions and information will be provided to the Council for the
August 13th public hearing. The basic proposal to be considered on August 13th is the removal
and replacement of a portion ofthe Orange Mall. The former Broadway site is
approximately 167,000 sq. ft. which would be removed and replaced by a slightly smaller building of 142,
000 sq. ft. Because the proposed new building is one story as opposed to the three story
existing structure, it covers a larger portion of the site and includes a greater portion of the parking
lot area. With the new construction, the total mall area would be 824,000 square feet, which
would include the Mall and all of the outlying buildings. The parking provided would be 4,141
parking spaces; approximately 630 parking spaces would be located in the proposed building area.
There is a shared concept of parking throughout the entire area, which is done by recorded
agreements and
easements.The new proposal is designed with the primary entrance on the east side facing Tustin
Street,very close to the Mall entry. There is a larger parking area adjacent to that which is between
the entry and Tustin Street. There is no primary public entry into the Mall directly from the
back side, however, there is an entrance into the store directly from the Mall. The facility would
also have a Garden Center on the north edge. The service uses and truck loading docks for
the building are located on the west side facing the theaters and Canal Street. The applicant
has informed the City there are approximately two trucks a day that make deliveries at the site,
which could vary depending on the season of the year. It is indicated the trucks that Wal-
Mart has
PAGE
CITY COUNCIL MINUTES August 6, 1996
7. REPORTS FROM CITY MANAGER (Continued)
control over will enter and exit from Tustin Street; they will not enter on Canal Street; and the
Wal-Mart representative will be asked to confirm that information at the public
hearing.The entry from Tustin Street into the center is similar to the existing entry. The
driveway locations are the same and widening and modification is being done to ensure trucks can get in
at the proper points. Through the Design Review Board process, some of the significant
changes made to the project included enhancement of the building materials, additional landscaping,
and screening for the truck docks and service area. The signs on the elevations would go through
a review by the Design Review Board if the project is
approved.The Planning Commission did not find the plan to be acceptable and their concerns were
as
follows:The potential conflicts between trucks, vehicular traffic and pedestrians with the
loading docks and their proximity to the
theaters.The potential for conflict with handicapped parking spaces at the front ofthe store which
face onto a main
aisle.The safety and visibility of individuals using the angle configured intersection of the
drive
aisles.The design of the driveways from the
street.The off-site
traffic impacts.The Manager of Current Planning gave an overview and explained the process
involved to determine whether an activity is subject to an environmental review according to
the California Environmental Quality Act (CEQA). The Staff Review Committee reviewed all aspects
of the project and concluded there was potential for impacts in five areas which
included: earth resources, water, noise, light and glare, and traffic and circulation. It was determined there
is no substantial evidence the project would have a significant impact on the
environment. The Planning Commission agreed with staffs recommendation on the
environmental documentation by approving the Negative Declaration, even though they denied
the project.Councilman Slater asked if there was a route on Canal Street for buses before the
route and staging was changed from the Mall to Canal Street; requested an elaboration on the
actual service level on Canal Street in terms of the bus route; asked if the only stop that would remain
is where the actual change-over takes place; and asked how OCTA feels about
abandoning the route?The Director of Public Works responded the bus routes were on Tustin
Avenue, however, there were not as many as there currently are. The operations have changed over the
years. The buses were moved from Tustin Avenue to Canal to permit the construction of existing
bus bays and provide a turn-around and layover area that would supplement the Tustin
Avenue bus bays. One bus route currently serves Canal Street and OCTA is willing to eliminate two
of the three bus stops. He confirmed the only stop that would remain is where the
changeover takes place now.The route itself was not specifically brought up with OCT A. OCTA does
have a problem with abandoning the turn-around aspect of the route, indicating the only
other suitable street
would be
CITY COUNCIL MINUTES August 6, 1996
7. REPORTS FROM CITY MANAGER (Continued)
Mayor Coontz asked if staff looked at the questions the Planning Commission reviewed i.e.
loading docks, handicapped parking, intersects of drive sites, etc. as to the safety aspects or is
their an expectation that the applicant will look at them? She requested more introspection into
the issues and information from staff.
The Director of Public Works responded staff has looked at the issues and believes they have
been found to be safe issues, however, the Planning Commission did not agree. More
information will be provided for the public hearing on August 13th.
Councilman Slater indicated it appears from the site plan ofthe proposed store there is a
proposed hallway between the Mall and the store, and ask if it directly abuts the Mall?
The Director of Community Development explained the 'T' intersection gives one a choice of
either entering the old anchor store or going into one of the two directions through the hallway to
the parking lot. He confirmed there is a physical connection between the existing Orange Mall
and the proposed site.
Councilman Murphy requested Council be provided with a single page reference which lists the
Design Review Board suggestions; those accomplished by the Plan; and which items continue to
be open.
Mayor Coontz requested layman's language be used in explaining the Design Review Board
suggestions; and asked what the process is on signage?
The Director of Community Development responded signage would go through the Design
Review Board process following the approval of the project.
Councilman Spurgeon requested the issue of police coverage on the graveyard shift be addressed
at the August 13"' public hearing, ifWal-Mart were to be open 24
hours.The City Manager read the questions from the cards which members of the audience
had submitted, indicating if an adequate answer cannot be made to the questions, the concern or
issue would be researched and provided at the August 13th public
hearing.Warren Morris, 2411 Millbrae, asked what the projected traffic increase would be for
Canal Street, Glendora, Meats and Heim Avenues assuming a Wal-Mart
goes in?The Director of Public Works said he did not have information on the distribution of
traffic on the streets, indicating an estimate could
be provided.An anonymous card was submitted asking what study had been done on the left turn
off Canal Street on to
Lincoln
Street?I n
CITY COUNCIL MINUTES August 6, 1996
7. REPORTS FROM CITY MANAGER (Continued)
The Director of Public Works indicated a study had not been included in the scope of the work
which had been done in connection with the project, as the location is considerably north of the
area of influence of the proposed project.
The City Manager indicated an attempt would be made to provide the information by the August
13th meeting.
Sharon Rockmore, address omitted by speaker, asked if signs were going to be posted on Canal
stating "no truck route"; indicated she would like to see signs installed on Canal Street between
Heim and Meats Avenues, stating pedestrian traffic and children crossing relative to the Sports
Center. She asked how the Police Department can enforce the Code ifthere is no signage on
Canal Street? Also, would there be a danger to pedestrians walking or an opportunity for crime
on an unsuspecting citizen ifbuses were to break down on Canal Street?
The Director of Public Works responded he believed "no truck route" signs are in place that are
necessary for enforcement. Truck route signing is placed at the intersection of the restricted
street which would be either Meats and Heim Avenues and Tustin Street. There is no
requirement to place signs on restricted streets that are remote from truck routes, however, they
are still enforceable.
The Police Captain responded a bus breaking down in that particular area would be extremely
rare, however, in the event the situation did occur, it would be unlikely pedestrians would be in
any danger.
Mayor Coontz suggested Ms. Rockmore discuss the issue with the Director of Public Works after
the meeting.
Adele Graves (address omitted by speaker), asked if the eighteen Design Review Board
conditions are to be complied with before the Design Review Board signs off on them, and if not,
why?
The Director of Community Development indicated the Design Review Board's action is a
recommendation to the City Council. It is their expectation if Council were to approve the
project, the Council would want the Design Review Board's recommendations to be
implemented. The Design Review Board recommendations will be itemized and addressed at the
August 13th public hearing.
Lisa Ackerman, 2295 N. Tustin #28, asked how wide the doors will be that are on the south
entrance into the Mall?
Joe Myer, Pacific Retail Partners, on behalfofWal-Mart, responded the door opening has
not been formally
designed.Douglas Westfall, 1125 W. Palm, asked what other stores have gone into vacant Broadway'
s since
January?PAGE
CITY COUNCIL MINUTES August 6, 1996
7. REPORTS FROM CITY MANAGER (Continued)
Harry Newman, General Partner of Orange Mall Development Associates and Chairman of
Newman Properties, indicated a Sears store took over a closed Broadway in Long Beach.
The City Manager commented there are additional cards with questions and concerns which were
presented at the meeting which apply to the Wal-Mart proposal. They could be best
addressed by Mr. Newman at the opportunity he will be given to share his vision ofthe Mall at the end
of the
meeting.Charles Stalter, Universal Protection Service, 1449 Braden Court, submitted a card regarding
the Wal-Mart
store appeal.Barbara DeNiro (address omitted at request of speaker), asked if Wal- Mart will be
making a presentation at the August 13th Council meeting as a part of the public hearing process?
Will the issue of the more extensive land issue, the position ofthe building, the intrusion on
the theater,the demolition plans, the 24-hour operation, traffic, parking
handicapped, shopping carts...?The City Attorney responded the individuals representing Wal-Mart will
have an opportunity to make a
presentation, if they wish.Mayor Coontz suggested Ms. DeNiro provide the City Manager
with her additional questions and the City Manager would see to it that
staff answers the questions.Carole Walters asked how the
building would be designed?The City Manager commented the City Council will have the opportunity at
the public hearing to review all of the issues. It is staffs intent to continue to provide resolution to
the issues of/and use, traffic circulation and public safety. It was indicated the items Council
is required to have prior to the public hearing on August 13th will be provided and
outlined; and the complete package will be available to the Council in the late afternoon
on Thursday, August 8th.8.
LEGAL AFFAIRS - None 9. ORAL
PRESENTATIONS - None
10.
ADJOURNMENT
MOTION
SECOND AYES
Coontz Barrera
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater PAGE
8
CITY COUNCIL MINUTES August 6, 1996
10. ADJOURNMENT (Continued)
The City Council adjourned at 6:55 p.m.
PAGE 9
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