08-13-1996 Council MinutesAPPKOV~U B1 ~H~ Cll1
CITY COUNCIL MINUTES
OF A REGULAR MEETING
COJ~CIL U~ ~~21~~3EK _~UI _Y~b.
ORANGE, CALIFORNIA
August 13, 1996
The City Council of the City of Orange, California convened on August 13, 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 Slater
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Resolution No.
8674 was presented to David Singleton ofthe Orange Fire Department commending him
for more than twenty-eight years of loyal and dedicated services.A
Certificate of Recognition was presented to Norm Phillips honoring his efforts to improve
railroad street crossings throughout the City.The
City Manager announced the appointment of Bob Clevenger as the new Fire Chief for
the City of Orange and introduced Fire Chief Emeritus Floyd Higgins.1.
4 PROCLAMATIONS - None 2.CONSENT
CALENDAR Tape 304 2.1
Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of
a regular meeting of August 13, 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 ofthe City Clerk.2.2
Request Council confirmation of warrant registers dated July 18, 23 and 26,1996 ACTION: Approved.
CITY COUNCIL MINUTES August 13, 1996
2. CONSENT CALENDAR (Continued)
2.3 Approve City Council Minutes Regular meeting of July 23, 1996 and Special Meeting of
August I, 1996.
ACTION: Approved.
AGREEMENTS
2.4 Request Council approve agreement with Lawrence and Sharlene Goodman, owners of
property located at 20682 Santiago Canyon Road, to connect to City sewer. (A2l00.0
AGR-
2654)FISCAL IMP ACT: None. All fees have been
paid.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 the County
of Orange for Fiscal Year 1996-97 for animal control and shelter services. (A2l00.
0 AGR-
0135.M)FISCAL IMPACT: Funds are budgeted in Account No.
100-4031-427100-2350 (General Fund - Police
Department) for $223,451.Councilman Slater indicated the County costs for animal
control services had increased this year by $45,000; commended staff for pursuing
alternatives for animal control services providers for Fiscal Year 1997-98; and
inquired whether any private
contractors provide animal control services.Mayor Coontz indicated a speaker card submitted
by Barbara DeNiro, Orange, asked what justifies the $45,316 and 20%
increase for animal control services?The Senior Assistant to the City Manager responded the County
charges the City on the basis of their actual costs, as a large part of the gross costs
are off-set by the revenues from license fees. Costs vary from year to year
depending upon the canvassing cycle of the County, which is done approximately
every three years. Optional animal control services are provided by private contractors in other
cities. The City's existing contract for animal control services expired this summer. The
options for service providers can be explored this fall; notice would need to be provided to
the County by December 31st if the City plans to change service providers; and a
report will be provided in December outlining various alternatives for service
providers. Detailed
statistics on the breakdown of the City's cost on an actual costs basis for the field
services could be provided which would be
off-set by revenues the system generates.ACTION: Authorized Mayor and City
Clerk to
CITY COUNCIL MINUTES August 13, 1996
2. CONSENT CALENDAR (Continued)
2.6 Request Council approve agreement to transfer ownership and retire Police Service Dog
Dery" to his handler, Orange Police Officer Keith Marshall. (A2l00.0 AGR-
2655)FISCAL IMPACT:
None.ACTION:
Approved.APPROPRIATIONS
CARRY-OVER 2.7 Request Council approve additional carry-over of appropriations
for approved projects budgeted in Fiscal Year 1995/96. (C2500.
S.I.1)FISCAL IMP ACT: Funds have been appropriated and reserved in
the Fiscal Year 1995/96 Budget for these projects and are available and
recommended for carryover.Mayor Coontz indicated a speaker card submitted by Barbara DeNiro,
Orange, asked for an explanation of the additional $10,000 for
Old Towne parking?The Director of Public Works responded the project continued beyond the
end of the fiscal year. The funding had been previously budgeted and
was reappropriated because the work carried on beyond June 30th. The project was significantly
upgraded to include planters, curbs, concrete gutters, realignment of parking spaces, and
trash enclosures after the
contract was awarded.The Finance Director indicated a Schedule of Continuing Appropriations
is listed under Capital Projects in the original budget document. The appropriations listed
in this agenda item were not included in the original budget document, but were
identified after the document was completed and approved by
the City
Council.ACTION:
Approved.APPROPRIATE FUNDS 2.8 Request Council to appropriate funds to provide payment for the
two years additional service credit covering theperiod from 6/26/95 through 10/23/95. (E1200.
0.3.4)FISCAL IMPACT: Funds in the amount of$253,7l5.00 should be
appropriated to the following Public Employee Retirement System
Service Credit-
CITY COUNCIL MINUTES August 13, 1996
2. CONSENT CALENDAR (Continued)
100-
0201-
417102
100-
0401-417102
100-
5012-417102
100-3011-
417102 100-
6001-41
7102 100-
4041-417102
44,
178
36,
474
20,
889 13,
120 20,
514 15,
717 100-
7022-417102
100-5011-417102 100-7001-417102 100-5031-417102 600-8041-417102
12,986 23,015 14,116 32,307 20,399 Mayor Coontz
indicated a speaker card was submitted by Barbara DeNiro, Orange,asking for an
explanation of two years
additional service
credit = $
253,714.The Personnel Director responded the $253,714 funds the early retirement program that
Council approved last year.ACTION: Approved.BIDS 2.9 Request Council authorization to
invite bids for the annual street maintenance contract for fiscal
year 1996-97. The estimated cost ofthe
project is $745,000. (S4000.
0)FISCAL
IMP
ACT: Funds are budgeted in the following
accounts:262-5021-
483300-
3112 (Measure M-
Arterial Sts.)$150,
000 262-5021-
483300-3120 Measure
M-Local Sts.) $650,
000 ACTION: Approved.CLAIMS 2.10 Application to present Late Claim a. Erin
Ettinger Claims b. Roseland Gudvangen
c. Margaret
CITY COUNCIL MINUTES August 13, 1996
2. CONSENT CALENDAR (Continued)
CONTRACTS
2.11 Request Council approve a contract change order in the amount of $24,681 for additional
services to perform the preliminary engineering work for the remaining portion of The
City Drive widening project southerly to the SR-22 (Garden Grove) Freeway. (A2100.
0 AGR-
2592.l)FISCAL IMP ACT: Funds in the amount of $24,681 are available in
the Capital Improvement Program Account No.: 284-5011-483300-3235 (
TSIP B - West Orange).Mayor Coontz indicated a speaker card was submitted
by Barbara DeNiro, Orange,asking for an explanation of the $24,681 additional
services to be performed.The Director of Public Works eXplained the cost is for additional
design work that was incorporated into an expanded project which would take
the project from approximately 400 feet south of Chapman Avenue down
to the 22 Freeway.ACTION: Authorized Mayor and City Clerk to execute on
behalf of the City.2.12 Request Council approve contract change order in the amount of $23,210.
54 for F. T.Pipeline Construction Co. for additional construction work required
for Bid No. 956-15,replacement of water lines, Palmyra and
Oak Streets. (A2l00.0 AGR-2564)FISCAL IMPACT: Funds are available
in the project Account
No. 310-6058-474501-1812 (CDBG Waterline Replacement).ACTION: Authorized Mayor and City
Clerk to execute on behalf of the City.2.13 Request Council awarda contract in the
amount of $25,807.44 to Hillcrest Contracting Inc., Corona, CA. Bid No.
966-03, SP 3185, Interlocking paver crosswalks on Glassell Street
between Almond Avenue and Maple Avenue. (A2100.0 AGR-2656)FISCAL IMP ACT: Funds in the
amount of $25,807.44 are
budgeted in the following account: 262-5021-483300-3120 (Measure M Local Streets).
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.14
Request Council approve the award of a contract to Wittman Enterprises for Paramedic
and Emergency Medical billing services,
estimated expenditure in the amount of $75,000 annually. (A2l00.
0 AGR-2599.A)
FISCAL IMPACT:
CITY COUNCIL MINUTES August 13, 1996
2. CONSENT CALENDAR (Continued)
Mayor Coontz indicated a speaker card was submitted by Barbara DeNiro, Orange,
asking for an explanation of the $75,000 necessity and how it came about.
The Fire Chief explained the $75,000 is approximately 6.5% ofthe revenues collected
which is the fee that would be paid to Wittman Enterprises for the service. The previous
contractor declared bankruptcy and the City is in the process of recovering the funds.
The accounts receivables are being transferred from the old company to the new
company. The City has been with Wittman Enterprises approximately three months and
they are doing very well, however, due to the lag time for collecting from Medicare,
Medi-Cal and insurance companies, a definite figure would not be available for a
few
months.Barbara DeNiro, Orange, asked if the6.5% is an
estimate?Mayor Coontz responded that 6.5% is a standard and depends on what the income
and projection
is.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.EQUIPMENT
PURCHASE 2.15 Request Council authorize the purchase of three new defibrillators, one
refurbished defibrillator and nine new battery charger testers from the sole manufacturer/vendor,
Zoll Medical Corporation. The Fire Department will convert two remaining
engineering companies to Paramedic Assessment Engine Company. (C2500.
H)FISCAL IMPACT: Funds are appropriated in the 1996/97 Budget from Account
No.100-3022-471301, Furniture, Machinery, Equipment Additions ($
38,436.
00)ACTION:
Approved.FUND TRANSFERS 2.16 Request Council approve fund transfer in the amount of $25,000 from
Acct. No. 285-5032-483100-6095 to Acct. No. 285-
5032-483100-6125 for the purpose of installing protected left turns at the
intersection of ChapmanAve.
and Rancho Santiago Blvd.S4000.S.3.3)FISCAL IMPACT: There are currently $20,
000 and $135,000 available in Acct. No.
285-5032-483100-6125 and 285-5032-483100-6095. The
requested fund
transfer does
CITY COUNCIL MINUTES August 13, 1996
2. CONSENT CALENDAR (Continued)
RESOLUTIONS
2.17 RESOLUTION NO. 8677
A Resolution of the City Council of the City of Orange approving the Memorandum of
Understanding between the City of Orange and the Orange City Fire Fighters, Inc., Local
2384 of the International Association of Fire Fighters, AFL-CIO concerning wages,
hours and other terms and conditions of employment effective March 1, 1996 through
February 28,1998 and repealing Resolution No. 7624 and amendments thereto for said
employees.C2500J.4.
3)Mayor Coontz indicated a speaker card was submitted by Barbara DeNiro,
Orange,asking if the information is anything that can be revealed to the
public?Mayor Coontz responded it is an agenda item and available for public
review.ACTION:
Approved.2.18 RESOLUTION NO.
8678 A Resolution of the City Council of the City of Orange finally accepting the
completion of a certain public work and improvement; Bid No. 956-31; Street
Maintenance 1995-96,Slurry Seal various locations. (
A2l00.0 AGR-2590)Roy
Allan Slurry
SealInc.ACTION: Approved.2.
19 RESOLUTION NO. 8679 A Resolution of the City Council ofthe City of Orange
approving Lot Line Adjustment LL 96-8 adjusting lot lines of certain real property situated at Parcels 2,
3 and 4 of Parcel Map No. 80-770 in the City of Orange,
County of Orange, State of
California.C2550.M.16.l
LLN-96-8)Owner: Kurt
and Lana
HamiltonLocation: 6833 E. Oak
Lane ACTION: Approved.2.20 RESOLUTION NO. 8681 A Resolution of the City Council
ofthe City of Orange finally accepting the completion of a
certain public
CITY COUNCIL MINUTES August 13, 1996
2. CONSENT CALENDAR (Continued)
Bid No. 956-15; F. T. Pipeline Construction
Co.Location: Palmyra and Oak
Street ACTION:
Approved.2.21 RESOLUTION NO.
8682 A Resolution of the City Council of the City of Orange finally accepting the
completion of a certain public work and improvement; Bid No. 956-27; ADA
Wheelchair Access Ramps at various locations. (A2l00.
0 AGR-2573)
Shields Industries,
Inc.ACTION: Approved.2.22
RESOLUTION NO. 8683 A Resolution ofthe City Council ofthe City of Orange approving
Lot Line Adjustment LL 96-9 adjusting lot lines of certain real property situated at 111
and 125 South Main Street in the City of Orange, County of Orange, State ofCalifornia. (
C2500.
M.16.1 LLN-
96-9)
Owner: Orange Redevelopment Agency ACTION:
Approved.2.23 RESOLUTION NO. 8684 A Resolution of the City Council ofthe City
of Orange finally accepting the completion ofa certain public
work and improvement. (A2100.0 AGR-2545)Bid
No. 956-
23, Robison-
Prezioso, Inc., Reservoir No.2 ACTION: Approved.TRAFFIC ISSUES 2.24 Request Council approve the placement
of a school crossing guard at the intersection of Spring St. and Seranado St. Additional
appropriation in the amount of $5,234.52 from General
Fund Unappropriated Reserves is required. Authorize the Personnel Department to amend thePosition Control
List to reflect this change. (S4000.S.3.5)FISCAL IMPACT: Annual salary of$
5,234.52 to be appropriated from General Fund
Unappropriated Reserves,
to Police
CITY COUNCIL MINUTES August 13, 1996
2. CONSENT CALENDAR (Continued)
MOTION - Spurgeon SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater All items on
the Consent Calendar were 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 Tape 771 5.1 Appoint Councilman Dan
Slater as the City's representative to the Orange County Council of Governments. (OR1800.0.
S.2)Mayor Coontz indicated Councilman Slater
had been appointed several months ago to the Regional Planning Advisory Council (RAPC)
which the Council of Governments (COG) will replace. None of the cities
involved in the area which Councilman Slater represents are members of SCAG, which include
Villa Park, Tustin and Orange. If the cities of Villa Park or Tustin become a member
of SCAG, their representative would take over.MOTION - Spurgeon SECOND - Murphy AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater
Moved to approve the appointment of Councilman Slater
as the City's representative to the Orange County Council of Governments.5.2 Appoint
Robert Reilly to the Design
Review Board to fill the unexpired term of Erika Wolfe, "At Large Category," term expires September
30, 1999. (OR1800.0.8.l)Mayor Coontz indicated a speaker card was submitted
by Barbara DeNiro, Orange, asking what Mr. Reilly's interests are in preserving the
City of Orange.Mayor Coontz responded the new requirements for the
Design Review Board are to review large developments and Old Towne Design Guidelines. Mr. Reilly
indicated he would follow that direction.MOTION SECOND AYES Coontz Slater Murphy, Barrera,
Mayor
Coontz,
Spurgeon,
Slater
PAGE 9
CITY COUNCIL MINUTES August 13, 1996
5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
Moved to approve the appointment of Robert Reilly to the Design Review Board for a term to
expire September 30, 1999 and directed the City Clerk to send a letter of confirmation.
6.ADMINISTRATIVE REPORTS Tape 855
6.1 Addendum to Treasurer's Report for period ending June 30, 1996. (C2500.F)
The Finance Director indicated the state now requires the City to submit quarterly reports
providing supplemental information on funds held with contracted parties, which are fiscal
agents that handle bond funds and deferred compensation providers that handle the employee
directed retirement funds. These funds are not included in the Treasurer's portfolio because
they are invested by the bank or trust company. All available information on funds held with
contracted parties will be included with the monthly Treasurer's Reports.
MOTION - Murphy SECOND -
Barrera A YES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve.
7.REPORTS FROM
CITY MANAGER Tape 921 The City Manager
requested his report on Wal-Mart traffic issues be moved to the beginning of the 7:
00 p.m. session.8.LEGAL
AFFAIRS Tape 933 8.1
ORDINANCE NO. 16-96 An
Ordinance of the City Council of the City of Orange amending Title 17 to the Orange Municipal
Code relating to wireless communication antennas. (A2500.0)Amendment
1-96
City of Orange
MOTION - Barrera SECOND -
Murphy A YES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that Ordinance
No. 16-96 have first reading waived and same was set for second reading by
the preceding vote.PAGE 10
I
CITY COUNCIL MINUTES August 13, 1996
8. LEGAL AFFAIRS (Continued)
8.2 ORDINANCE NO. 20-
96 An Ordinance of the City Council of the City of Orange amending Section 17.06.020 of
the Orange Municipal Code and approving the reclassification of property situated on the
east side of Alpine Road between Culver and La Veta Avenues. (Z1500.0
ZCG-118l-96)
Zone Change 1181-
96 City of
Orange Orange Redevelopment
Agency MOTION - Murphy
SECOND - Spurgeon A YES - Murphy, Barrera, Mayor Coontz, Spurgeon,
Slater Moved that Ordinance No. 20-96 have second reading waived and be adopted and
same was passed and adopted by the
preceding vote.9. RECESS TO THE MEETING OF THE ORANGE
REDEVELOPMENT AGENCY 10.
ORAL PRESENTATIONS Wayne Lewis, 2442 N. Park Blvd., Santa Ana, former owner of Alley Cuts hair salon
on Main Street and La Veta Avenue, indicated his business was displaced over two months ago
and he had not yet been compensated for his furniture
and fixtures.Mayor Coontz responded the issue was being handled by the City Attorney and
referred Mr.Lewis to communicate
with him.Carole Walters, 534 N. Shaffer, asked if the Brown Act was violated because three
members of the Council remained at the August 6'" study session after the meeting was closed, since
the issue would later be heard before the
City Council?The Interim City Attorney indicated he would review the matter and requested to be
provided the facts
for review.Barbara DeNiro, (address omitted at request of speaker), distributed material to Council
she had received in the mail. She requested the status on the lingerie shop on Tustin Street; asked
if the sign ordinance had been adopted yet; and reported on graffiti in the area of Tustin
Street behind the liquor store, ice distribution facility, the wall in the Lucky store area, and the wall
at the corner of Fletcher Avenue and Glassell Street. She expressed concern for the
unsightly property at the northeast corner at Chapman State College; the unkempt property on Taft
Avenue; and vacated shopping carts. Ms. DeNiro commented on various issues regarding the
Wal-Mart site presentation; indicated the newspapers did not receive a Wal-Mart
packet of information that was hand delivered on August 8"'; and commented on
newspaper articles regarding concerned citizens that spoke out
in opposition
CITY COUNCIL MINUTES August 13, 1996
11. RECESS
MOTION
SECOND
AYES
Murphy Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater The City
Council recessed at 5:20 p.m. to Closed Session for the following purposes:a. Conference
with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation.Daum vs.
City
of Orange, et aI., Orange County Superior Court Case No. 73-86-30 b.
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).c.
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 ofthe matters will not be considered in Closed Session.7:
00 P.M. SESSION 12.
1 INVOCATION Pastor
Paul Meyer, Salem Lutheran Church 12.
2 PLEDGE OF ALLEGIANCE TO THE FLAG Led
by Councilman Slater 12.
3 ANNOUNCEMENTS The
City Manager introduced Bob Clevenger as the new Fire Chief for the City of Orange.
12.
4INTRODUCTIONS - None 12.5
PROCLAMATIONS - None 12.6 PRESENTATIONS -
None PAGE 12
CITY COUNCIL MINUTES August 13, 1996
REPORTS FROM CITY MANAGER (Continued from the 4:30 p.m. Session)
The City Manager indicated staff will provide an update to the City Council on issues of concern
i.e. traffic, security, bussing, truck routes, and other issues surrounding the Mall of Orange.
The Director of Public Works reported on the anticipated traffic increase on Canal Street,
Glendora, Meats and Heim Avenues, assuming a Wal- Mart goes in; indicated approximately 10-
15% of the Wal-Mart traffic would use Canal Street; the remaining 85-90% would be
coming via Tustin Street; and approximately half of the traffic accessing Canal Street would be
on Heim Avenue and half on Meats Avenue. It is not anticipated there would be any
measurable traffic using Cumberland Road, Glendora Avenue, or Vista Del Playa, which intersect
with Canal Street. The streets have sufficient capacity to accommodate the additional traffic
at acceptable levels
of service.Staff will look at whether traffic signals should be provided at the intersections of
Canal Street and Heim Avenue and Canal Street and Lincoln Avenue, indicating there has not
been an opportunity to conduct traffic counts necessary for an assessment of the need for
signals. A report will be brought before the Traffic Commission and the City Council at a
later date.The posting of "no truck" signs on Canal Street is not necessary from an
enforcement standpoint.The Vehicle Code requires truck route signing or weight limit restrictions be posted
at the intersection of the unrestricted street, which is Tustin Avenue, and the restricted
streets. In special circumstances additional signs could be posted, however, it would not alter the
level of enforcement that could be obtained within the area. At Council's direction, it
could
be accomplished.It was further indicated it does not appear additional "pedestrian crossing" or "
children crossing"signs would be needed in the Canal Street area, however, further studies would
be conducted after
school opens.OCTA indicated the ability to move staging and layover activities on Canal Street
to Tustin Avenue. An assessment will be done in November of their bus operations and
OCTA expects changes could be accomplished by February, 1997. The existing bus bays on
Tustin Avenue could most likely accommodate the present operations and would require refinement
of timing and scheduling. Additional bus bay capacity would be needed on Tustin Avenue for
any future expansion and for current operations to assure there would be
no spill-over.There are seven bus lines that have a terminal point at the Mall of
Orange. All turnaround activity currently takes place on Canal Street, Heim and Meats Avenues. A
letter was received from Mr. Newman, General Partner of Newman Properties, indicating
his willingness to participate in the cost of a feasibility study to move turnaround
activities on site.Two ofthe three bus stops on Canal Street could be eliminated. OCT A would like
to retain the bus stop located just north of Meats Avenue which is adjacent to the
former school
CITY COUNCIL MINUTES August 13, 1996
13. PUBLIC HEARINGS
13.1 GENERAL PLAN AMENDMENT 2-96, CITY OF
ORANGE:Time set for a public hearing on petition by the City of Orange to consider General
Plan Amendment 2-96 to identify a new fire station site (Station 8). The site is located at
Lorna Street and the entrance to the Southem California Edison Substation, 2800 feet north
of Serrano Avenue. (C2300.
E GPA-2-96)The Manager of Current Planning gave an overview of the proposed site location
for a
new fire station site.MAYOR COONTZ
OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS, MAYOR COONTZ
CLOSED THE PUBLIC HEARING.The City Manager indicated the project is scheduled for Fiscal
Year 1997-98 to consider construction, however, before decisions are made, an analysis would be
done of
the City's
budgetary situation.MOTION -
Spurgeon SECOND - Murphy A YES - Murphy, Barrera, Mayor Coontz,
Spurgeon, Slater Moved to approve Negative Declaration 1502-96 finding there is no substantial
evidence that the project will have a significant effect on the environment
or wildlife resources.
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
Moved to approve General Plan Amendment 2-96 as outlined in Planning
Commission Resolution No.
PC-38-96.13.2 APPEAL 433, MAJOR SITE PLAN REVIEW 16-
96, WAL-MART
STORES, INC.:A4000.0 APP-433)Mayor Coontz announced the City conducted a Study
Session on the Major Project Review Process for the proposed Wal-Mart on August
6, 1996. Numerous letters have been received,both pro and con. Many citizens, as well as
Wal-Mart and mall representatives have been met with regarding the proposal. The
Council received the minutes of the Planning Commission hearing and are fully familiarized with
the information
provided, the
CITY COUNCIL MINUTES August 13, 1996
13. PUBLIC HEARINGS (Continued)
The Interim City Attorney stated the following: "The issue before the Council tonight is
whether the applicant meets the criteria for Major Site Plan approval, and if so, what
conditions are to be imposed on the project. Pursuant to the City's zoning ordinance, the
owner or applicant has the legal right to develop his property as a retail store. The City
Council does not have the authority to dictate whether that store will be a Nordstrom's, a
Macy's, or a Nieman Marcus. The City does have the authority to consider whether the
project incorporates high quality land planning, design and development standards required by
the City of Orange, whether the project is compatible with the surrounding development,
whether traffic and circulation issues have been taken care of, whether City services are
adequate to serve the site, and whether the environment will be protected. Therefore, what
are relevant factors for the Council to consider are the factors of design, size, landscaping,
traffic, parking, circulation, setbacks and security measures. What is not relevant to your
consideration is the name of the store, specifically that the applicant is Wal-Mart, or the
type of people that might shop at this store. If you approve of the project, you will be making
the following
findings:That the project will not cause a deterioration of neighboring land
uses.That the project conforms with the City development
standards.That there will be no significant environmental
impacts.That off-site circulation
is adequate.That City services
are adequate.That the project is compatible with
community aesthetics.Conditions may be imposed on the project that will enable you to make these findings.
If you approve the project, you will also be affirming a Negative Declaration that has
been prepared and is
before you. "Mayor Coontz announced this is the time set for a public hearing on petition by
Wal-Mart Stores,Inc. to appeal the decision by the Planning Commission on July 1,1996 denying
Major Site Plan Review 16-96 to demolish the existing vacated Broadway Store and
construct a new Wal-Mart Store, approximately 142,000 sq. ft. in size. This site is located at the
north end of the Orange Mall, 2300 North Tustin Street. Negative Declaration 1504-96
has been prepared to evaluate
the environmental impacts of this project.APPELLANT STATES
THE FOLLOWING REASONS FOR THE APPEAL:Applicant's site plan for a proposed Wal-Mart was
denied by the Planning Commission on July 1,1996 and is the subject of this appeal. The
Negative Declaration prepared for the project was approved and as
such is
CITY COUNCIL MINUTES August 13, 1996
13. PUBLIC HEARINGS (Continued)
The proposed Wal-Mart is consistent with all zoning requirements, is a permitted use
and complies with all pertinent development standards. The Planning Commission's denial
was arbitrary as they appeared to consider improper criteria including, proximity of other
discount retailers and demographics ofWal-Mart's clientele, and site or design requirements in
excess of local ordinances and development standards historically applied by the
Planning Commission."The Planning Division Manager confirmed Council's receipt of contents in
their informational packets. This is a request by a major retailer to replace the existing 167,000 square
foot three-story building, formerly occupied by the Broadway store, with a 142,000 square
foot one-
story building.Key characteristics of the new building are: the primary entrance would be from
the Tustin Street side with access to and from the Mall; a garden center would be located at
the northeast corner of the building; service uses including the truck loading docks would be located
on the west side of the building; and two trucks a day would be making deliveries to the
site. The retailer has agreed that all trucks would enter and exit the site from Tustin Street.
The Design Review Board recommended approval of the project, but attached 18 conditions to
ensure a more attractive product. Some of the prominent conditions imposed included
major revisions to the store's entry to make it more compatible to the architecture of the Mall; addition
of a significant number of new trees to the parking areas; and the screening of
the mechanical equipment and service areas and addition of more texture and architectural features
to the
building walls.There are now twenty proposed conditions of approval. A total of ten conditions
were initially proposed at the first Planning Commission hearing; staff recommended
two additional conditions prior to the second Planning Commission hearing, making a total
of twelve conditions which the Planning Commission took action on. The eighteen conditions
of the Design Review Board are listed under Condition
No.8.The Planning Commission denied the project based on the following
four issues:The location and configuration of the loading docks could cause conflict
between trucks and
theater patrons.The potential for circulation and safety problems stemming from the location
of the handicapped
parking stalls.Safety and circulation concerns associated with the on site drive aisle
and intersection configurations in front of the entrance to the new store, at the access points
from Tustin Street and at the northeast corner of the new store near the
garden shop.Potential increase in truck traffic on
Canal Street.It was further indicated that issues raised at the August 6th study session
included concerns with the number of buses and bus routes on Canal Street; the posting of Canal Street
with "No Truck" signs; the potential for an increase of traffic on streets surrounding the mall;
and the
PAGE
16
CITY COUNCIL MINUTES August 13, 1996
13. PUBLIC HEARINGS (Continued)
way in which Design Review Board and Planning Commission concerns will be addressed.
There were various requests for information relating to the economic impact of a major
retailer, like Wal-Mart, on the community. Those questions were responded to in a
separate handout accompanying the staff report. They were also distributed to the Council and
made available to the
public.The location of the handicapped parking spaces adjacent to the building were also analyzed.
It was recommended the twelve handicapped parking spaces on the east side of the building
be moved to the westerly limits of the general parking area between the proposed Wal-
Mart and Tustin Street. This would eliminate potential conflicts between vehicles pulling out
of the handicap parking stalls and through traffic using the main aisle east of the
Wal-Mart building,indicating it was staff s intent to
add this condition.Staff reviewed the information and the issues and concerns raised over the past
two months as the project proceeded through the public review and hearing process.
Particular attention was given to the Planning Commission's concerns and public
comments. Eight additional conditions were proposed which staff believes would significantly improve
the project and address most of the concerns raised by the Planning Commission and the
public. The eight conditions (Condition Nos. 13-20) would be added to
the
12 conditions recommended previously.Councilman Spurgeon asked if the proposed Wal-Mart project is
approved and they decided to have a 24-hour operation, how much more, if any,
patrols or presence would be needed.Lieutenant Gustafson reported on the Police Department's response
if there is an increase in calls for service during the daytime and after hours
of operation. A Police substation currently
operates from the Mall of Orange.The Planning Division Manager referred to a fax that was
received on August 13th from an Attorney for Orange residents, Andrew Kahn of the
firm Davis, Cowell & Bowe. The major categories of concern in Mr. Kahn's letter were
addressed. It was found that the circumstances, the project, and the cases cited in the
memorandum from Mr. Kahn are not similar to the project and that no fair argument had
been made. Staff took a conservative approach in their analysis and are confident
the environmental documentation prepared for the project is more than adequate to comply with
CEQA. Staff agreed with the Planning Commission's finding that the Negative Declaration
meets the requirements of
the California Environmental Quality Act (CEQA).
MAYOR COONTZ
CITY COUNCIL MINUTES August 13, 1996
13. PUBLIC HEARINGS (Continued)
Robin Cochran, attorney representing Wal-Mart Stores, 600 N. Arrowhead Avenue,
San Bernardino, commented it is their position the Negative Declaration related to the matter is
not properly included in Council's decision, as the Negative Declaration was approved by
the Planning Commission on July 1, 1996. On July 15, 1996, Wal-Mart appealed
only the Planning Commission's denial of the Major Site Plan Review. Further, the scope of
the Major Site Plan Review is limited by the City's ordinance and the scope is set forth in
the zoning ordinance which dictates that retail stores are allowed. The letter the City
received from attorney, Andrew Kahn, was referred to, and it was indicated that neither Mr. Kahn
or his client properly appealed the Planning Commission's decision approving
the Negative Declaration, therefore, the decision is final. Ms. Cochran submitted a letter
with her comments to be introduced into
the record.Mark Ostoich, attorney representing Wal-Mart Stores, 600 N.
Arrowhead Avenue, Santa Bernardino, agreed with staff's presentation; it's historical perspective on
the project; the recommendations in its staff report; and the overall position. Also agreed to
was the City Attorney's parameters on the Council's decision making. It was requested
a binder entitled,Wal-Mart Stores, Inc. - City of Orange - Prepared for the City Council" be entered
into the
official record.Harry Newman, Jr., General Partner of Orange Mall Development Associates,
2298 N.Orange Mall, indicated with any postponement the mall would not be able to open
the Wal-Mart in time for Christmas, 1997. However, if it is expeditiously processed
and approved,they plan to open in time for back to school in 1997. The City would
loose approximately 800,000 a year in sales tax revenue if Wal-Mart is not approved. A petition in
favor of the inclusion of Wal-Mart in the Mall of Orange was submitted
for the official record.The City Council recessed at 8:55 p.m. and reconvened at
9:05 p.m.The following individuals spoke in opposition to the proposed Wal-
Mart
at the Mall of Orange:George Chiales,
2204 White Lantern Lane, Orange Lynette Perry, 2525 Bourbon Street, Orange (Not
specifically opposed to the development)Carole Walters,
534 N. Shaffer Street, Orange Michael
Alvarez, 360 So.
Glassell, Orange Barbara DeNiro, Orange Barbara
Jensen, 2160 Mori Lane, Orange Steven Rios, 2436 Robinhood Place, Orange (Identified
Andrew Kahn as his attorney)Robert Douglas,
743 N. Siavohn
Drive, Orange Adele Graves, Orange Ed Mowbray,
1010 E. Chestnut Avenue, Orange Tom
Berrey, 2593
Franki
CITY COUNCIL MINUTES August 13, 1996
13. PUBLIC HEARINGS (Continued)
Judy Kidd, 3521 White Spring Lane, Orange
Sharon Rockmore, Orange (Exhibits presented to City Clerk's office for official record)
Beverly Marsh, shopper in City of Orange
The following individuals chose not to speak but went on record in opposition of the project:
Kathy Modore, 1119 E. Buckeyewood, Orange
Mr. and Mrs. Maloney, 507 Vista Del Gaviota Avenue, Orange
Concerns expressed were as follows:
Affect on quality of life and impacts on the neighborhood
Image of City of Orange
On and off site traffic circulation and loading zone
Noise levels caused by late night & early morning hour truck deliveries
Holiday traffic
Crime and security issues
Geological boring on the property near the theater by Wal-
Mart Size and mass of the building; positioning of the building on the
property Destruction of former Broadway
site Intrusion on theater
parking No demolition
plans 24-
hour operation Pedestrian and vehicle safety
and liability
Shopping carts Track
record ofWal-Mart Proper Environmental Impact Report
was not prepared
Type of store Recreation use for drop off and pick
up of youths The following individual expressed a neutral position on
the proposed project:Nick Lall, speaking on behalf of the Orange Taxpayer's Association. A copy of
his letter was distributed to the City Manager, City Council
and City Attorney.The following individuals spoke in support of the proposed Wal-Mart at
the Mall of Orange.Norton Lee, 2623
E. Collins Avenue, Orange Jerry Thibodeau,
1828 W. Flower, Orange Mary Towns, 2225
N. Orange Mall Way Jerry Dicker,
3532 Westridge Drive, Orange Patty Dicker,
3532 Westridge
CITY COUNCIL MINUTES August 13, 1996
13. PUBLIC HEARINGS (Continued)
Debbie Sigler, 171 N. Shaffer Avenue, Orange
Resident, 2404 Parkside, Orange
Robert Mickelson, 121 W. Rose, Orange (Expressed support of any retailer, not specifically
Wal-
Mart)Paul Nelson, 1411 N. Batavia #120, Immediate Past President of Chamber of
Commerce Fred Whitaker, 80 Plaza, on behalf of Scott Parker, 1825 Collins, Chamber
President Jeff Fronk, 1551 E. Concord Avenue,
Orange Ron Martin, 1895 N. Shattuck Street, Orange (Expressed concerns with
project)The following individuals chose not to speak but went on record in support of the
project:Henry Winslow, 3019 Sheri Street,
Orange Jane Buffett, 3024 Sheri Sheri Street,
Orange Jim Furry, S.A.S. Shoe Store, Mall of
Orange Ajaz Siddiq, 321 S. Lilac Ct., Anaheim
Hills Russel Monroe, 2505 E. Locust Avenue,
Orange Harry Minnick, 455 N. Clark, #20,
Orange The following comments were
expressed:Sales tax revenue
generated Kids Court in the
Mall Generates
jobs Vacant department store not good for Mall of
Orange Crime worse with vacant
Mall Merchants support
Wal-Mart Retailer'
s rights Good for
the community Meets zoning
code criteria The Senior Project Planner indicated a building demolition permit would be
needed to demolish a building. There is no judgment used in determining whether or not to
issue a building permit. A permit would also be required through the Air
Quality Management District
for demolition.The Director of Public Works explained the trucking of demolition material would
require a hauling permit through the Traffic Department and the trucks would be limited to
truck routes as required
by law.
CITY COUNCIL MINUTES August 13, 1996
13. PUBLIC HEARINGS (Continued)
The Planning Division Manager confirmed that traffic mitigation measures were not included
in the Negative Declaration. It was felt there would be a less than significant impact. Existing
City ordinances would provide adequate protection so that no mitigation is needed.
Joe Meyer, representing Wal-Mart Stores, 3750 University Avenue #200, Riverside,
indicated soil tests are being done on the proposed Wal-Mart site, which does not include
the
theater portion.The Planning Division Manager commented the applicant had not indicated they
would be operating 24 hours, however, they want the flexibility. The review of the proposal
looked at potential impacts with additional traffic in the evening hours, which is
normally insignificant.Truck deliveries currently at the mall occur at all times and would not change
with
this proposal.The impact on the theaters by Wal-Mart was addressed at the
Planning Commission hearing.The Planning Commission requested modifications to the site plan to
reduce potential impact on the theaters, which includes additional landscaping to address the
issues of pedestrians interfacing between the loading dock areas and the AMC Theaters.
The Planning Commission had also requested that Wal-Mart evaluate a redesign of their store by
rotating it 90 degrees and placing the loading docks on the north side of the store.
Wal-Mart evaluated this request and felt that it was
unacceptable to their operational needs.Councilman Slater asked if merchandise would be displayed
outside of the Wal-Mart store?Joe Meyer, representing Wal-Mart, indicated there would
not be outside sales at the store.Councilman Spurgeon asked the Wal-Mart
representative what his response would be if the
Council put a limitation on a 24-hour operation?Harry Newman, Jr. responded in terms of
leases with all of the tenants, there are no restrictions on operating hours.
Mr. Newman indicated if there is an uncertainty about providing additional security services in
the unlikely event the Wal-Mart goes to a 24-hour operation, the mall
would provide additional security services, either at their expense or at Wal-Mart's expense,
one of the two, and ifWal-Mart is unwilling to, the mall will.Joe
Meyer, representing Wal-Mart, indicated that based on Mr. Newman's response, if Wal-Mart did go to
24-hours, they would consider some type of review
by the Chief of Police with respect to what Newman Properties and Wal-Mart
could do.Councilman Murphy asked the Wal-Mart representative if there are any guidelines, in terms of
times of day, that are placed on their delivery companies? In addition, he indicated there is
a lack
CITY COUNCIL MINUTES August 13, 1996
13. PUBLIC HEARINGS (Continued)
Joe Meyer responded there are two sets of deliveries. The Wal-Mart trucks are owned
by Wal-Mart and are Wal-Mart employees. The drivers would be instructed to
adhere to the traffic circulation plan as far as access and loading. One or two trucks a day
would come at various hours. The doors that face into the mall have not been designed but
would be a minimum of
12 feet wide.In response to Mayor Coontz, Mr. Meyer responded that Newman Properties
had indicated the width of the present opening from Broadway into the mall
is 24 feet.THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ
CLOSED
THE PUBLIC HEARING.
MOTION - Slater SECOND -
Spurgeon A YES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
Moved to approve Negative Declaration 1504-96, finding that the project will not have
a significant adverse impact on the environment or wildlife
resources.MOTION - Coontz
SECOND - Barrera AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to
support the appeal to include 25 conditions which include those requested by the Design Review
Board and the Planning Commission and those added by staff addressing Council's
concerns. It was determined that the handicapped spaces should be left adjacent to the store (
as shown on the plans) and did not need to be relocated. The 25 conditions are as follows:1.
Within
two (2) days of the final approval of this project, the applicant shall deliver to the Planning
Division a cashiers check payable to the County Clerk, in an amount required to
fulfill the fee requirements ofFish and Game Code Section 711.4(d)(2) and the County
administrative fee, to enable the City to file the Notice of Determination required under
Public Resources Code 21152 14 Cal. Code Regulations 15075. If it is determined that
there will be no impact upon wildlife resources, the fee shall be 38.00.
If the applicant has not delivered the required fees within such two day period, the
approval for the project granted herein shall be void.2. Project
shall be constructed in substantial conformance with plans approved as part of this application,
and with conditions as included herein.3. That
an on-site dedicated water line be installed as designed by the Water Department.4.
That a 15 foot easement be dedicated to include the water main, meters, detector checks
and fire hydrants.PAGE
22
CITY COUNCIL MINUTES August 13, 1996
13. PUBLIC HEARINGS (Continued)
5. That each building be metered separately unless otherwise approved by the Water Manager.
6. That each building be protected with separate fire services (detector check) unless
otherwise approved by the Water Manager.
7. A drainage/grading plan shall be submitted to the Department of Public Works for review
and approval by the Public Works Director or his designee.
8. Project shall comply with the following conditions recommended by the Design Review
Board:
a) Upgrade paving sections to support truck loading areas and truck travel paths.
b) Add a total of four (4) trees at division strip island in front of AMC two (2) at island
ends and two (2) in center.
c) Add one tree in east parking field, tree planting shall be coordinated with installation of
light fixtures.
d) Remove existing Eucalyptus in field area of new parking and replace with new trees
elms).
e) A void excessive contrast of different lighting levels with existing and control spill over
at edges of site.
f) Provide planter along north side of garden center parking lot.
g) Provide vine pockets or vertical shrubs at CMU pilasters at north side of garden center
fence.
h) Require review of details and more development of concrete entry treatment (patterns,
textures, etc.).
i) Provide 5' -0 x 5' -0 openings at tree wells for palms.
j) To screen palettes, provide expanded metal lath screening behind wrought iron at
palette enclosure.
k) Provide Boston Ivy in lieu of cats claw and train on rear of building, west side.
I) At rear of building, provide minimum 2 ft. or higher masonry parapet to screen air
conditioning units on roof as viewed from Canal Street.
m) Add two (2) trees on north edge of property line at tree hedge to fill in voids.
n) Provide additional "coin treatment" on all building corners.
0) Wall pack lights to shine straight down and away from residential units.
p) Entry treatment - continued for revisions - Board concerns were:Better looking
entrance with more of a statement.Entry style
should be integrated and or complementary to architecture of the Mall, possible
in a contemporary "California Style."Applicant return
with revisions after Planning Commission hearing.q) Add
an additional palm tree to the group of two palm trees at the front of the building between the
two trellises to enhance the exterior of the building.r) To
enhance exterior of building provide horizontal rake joints on painted precision block at
appropriate locations.9. Final
plans submitted to the Design Review Board (as required in condition #8 h & p)shall also
incorporate all other DRB recommendations listed in condition #8.PAGE 23
CITY COUNCIL MINUTES August 13, 1996
13. PUBLIC HEARINGS (Continued)
10. All project signage shall be reviewed by the Design Review Board as a separate
submittal, with complete details (size, colors, placement, style...) prior to issuance of
sign permits.
11. The parking lot immediately west of the garden center shall redesigned to eliminate the
dead end parking aisle condition.
12. Site Plan Review 16-96 does not include approval of "Future Pad" indicated
at northeast corner of the property. Any future construction will need to be reviewed
in accordance with standard procedures in effect at the time of
application.13. All Wal-Mart trucks will enter and exit from
Tustin Street.14. The applicant will provide a detailed shopping cart collection and containment
plan for approval by the Community Development Department prior to occupancy
of
the structure.15. The applicant will cooperate and contract with the mall management
for
security services.16. That clearly marked crosswalks across major drive aisles be provided at
all
public entrances.17. That the T -intersection adjacent to the main entry area have stop sign controls
for all
three directions.18. That a hedge be planted in the landscape island between the theaters and loading
area to discourage
pedestrian traffic.19. That the widest door opening possible between Wal-Mart and the Mall
be provided. It is expected that the doors/opening be a minimum of 12 feet in
width with architectural enhancements consistent with the scale
of the Mall.20. That the two access drives entering Tustin Street be redesigned
to accommodate 150 feet long barriers along the center line of
the access aisles.21. If and when Wal-Mart makes a decision to go to a 24 hour
operation, there be a process of consultation with the Chief of Police or his
representative and the mall owner on any levels of security that would be required
to meet those demands 22. Commitment from the mall for financial participation in
feasibility studies by an independent consulting firm to study using the mall property
for turnarounds
or staging of buses.23. Efforts be undertaken immediately in conjunction and cooperation with
staff and OCT A to remove the staging area from Canal Street to Tustin Street
and remove the two northerly bus
stops on Canal Street.24. The Mall cooperate with the Orange Police Department for a total
restriction of use of Canal
Street by delivery trucks.25. At a point in the future, when the City would like to initiate
this process, that the Orange Mall Development Association work with OCT A and the
City to develop a permanent transit center on
or near the mall.The Interim City Attorney indicated the conditions could be
imposed, however, the four conditions could be met by a separate agreement of Mr. Newman.
A Resolution would be brought before Council for formal approval at the next Council
meeting. The
CITY COUNCIL MINUTES August 13, 1996
13. PUBLIC HEARINGS (Continued)
would be satisfied by Mr. Newman's agreement, thereby, Wal-Mart would not be
impacted.The condition is satisfied once the agreement is entered into with Mr.
Newman.
MOTION
SECOND
AYES Murphy
Coontz Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
direct the City Manager through staff to continue efforts to address the other issues of the neighborhood
that were identified earlier this evening.14. PLANNING
AND ENVIRONMENT - None 15. ORAL PRESENTATIONS
Carole Walters, 534
N. Shaffer, asked for a definition of "property rights" and reported two senior citizens had
fallen on parking barriers located at the Senior Center.Adele Graves, Orange,
asked for Council's assistance in stopping obscene and pornographic letters.The City
Manager
responded the items were turned over to the Police Department. A letter previously was addressed
to the Postmaster to involve the postal investigative services. The City is limited in
what it can do.Barbara DeNiro, Orange,
commented the Post Office has not helped with the obscene and pornographic letters she
has received; expressed disappointment that Wal-Mart representative,Mr. Meyers,
did not make a presentation; and referred to the poor condition of the assisted living proj ect
on Taft.Sharon Rockmore,
Orange, reported Mall of Orange denied her the right to obtain signatures in the mall
and mall security told her pictures could not be taken in the mall.PAGE 25
CITY COUNCIL MINUTES August 13, 1996
16. ADJOURNMENT
MOTION - Coontz SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City Council
adjourned at II :35 p.m. to August 20, 1996 at 4:30 p.m. in the Weimer Room to consider the
Mills Project.4b~~ASSANDRA J. $"
THCART,
CMC CITY CLERK JOANNE
C. COONTZ
MAYOR PAGE 26