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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