Loading...
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 1