08-16-1994 Council MinutesAPPROVED BY THE CITY COUNCIL ON
CITY COUNCIL MINUTES
OF A REGULAR MEETING
SEPTEMBER 13, 1994
ORANGE, CALIFORNIA
AUGUST 16, 1994
The City Council of the City of Orange, California convened on August 16, 1994 at 3:00 P.M. in
a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
3:00 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - Spurgeon, Mayor Beyer, Coontz, Murphy ABSENT -
Barrera NOTE: Mayor
pro tern Barrera arrived at 3 :02 p.m.Mayor Beyer
was absent from the 7:00 p.m. Session.Mayor Beyer
had a conflict of interest on Item 13.1.1.3
APPROVAL OF MINUTES Regular Meeting
July 26, 1994.MOTION - Coontz
SECOND - Spurgeon AYES -
Spurgeon, Mayor Beyer
Coontz, Murphy ABSENT - Barrera ACTION: Approved.1.
4 PRESENTATIONS/ ANNOUNCEMENTS/
INTRODUCTIONS Resolution
No. 8376 was presented to
Frank V. Page, honoring him for thirty-two years ofloyal and dedicated service to
the City of Orange.1.5 PROCLAMATIONS Mona Bertrand
was presented a
proclamation on her retirement from the Orange Police Department.2.CONSENT CALENDAR TAPE
526
2.1 Declaration of City
Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of August 16,
1994, at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and
the Eisenhower Park Bulletin Board; 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
CITY COUNCIL MINUTES AUGUST 16, 1994
2. CONSENT CALENDAR (Continued)
2.2 Request City Council approve Tract Map No. 14011, located at the northeast corner of
Canyon View Avenue and Old Chapman Road, and accept street dedication as offered.
T4000.0)
FISCAL IMP ACT: None.
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.3 Request issuance of a hauling permit to allow the import of fill material, in excess of
200,000 cubic yards, into the ConRock/Watt Homes Tract No. 13842, properties located
at Prospect St. and Walnut Ave. adjacent to Santiago Creek. (p1300.0.9)
FISCAL IMP ACT: None.
Discussion: The Director of Public Works gave a brief update on the permit hauling
process. The request is from Sand-Cal, Inc. who will be filling the pits from the sand
and gravel operation. Staff decided to issue a 10-truck haul until Council could
approve this request. The haul route is as follows: trucks will exit from the 55 Freeway
at the Chapman Avenue ramps, proceed east on Chapman to Prospect, north on
Prospect to Spring Street and can turn right or left into the pits. Time limits are set from 7:00 a.
m. to 4:00 p.m. during the summer and 9:00 a.m. to 3:00 p.m. after school is in
session. The duration of the haul is one year, however it is not estimated to take that amount
of time.Conditions have been made for the cleanliness of
the street.Council members expressed concern for the children in the area and requested
the Police Department enforce the
speed limits.Bob Bennyhoff, 10642 Morada Dr., suggested a condition be added regarding
the dust problems that occur when the area experiences Santa
Ana winds.Police Captain Hernandez reported the Vehicle Code does not require the trucks
to tarped down, however when a load is covered it is difficult to tell if the vehicle
is overloaded.This option can be investigated and reported
to Council.The City Attorney opined the Orange Municipal Code does have a
provision requiring covering or wetting the dirt as a condition of the permit. It is a misdemeanor
violation and subject to revocation of the permit by the Director of
Public Works.The City Manager commented the code section concerning covering the trucks
can be enforced based upon the weather conditions. If there is excessive dust the
City will require more washing and cleaning of the streets, and ifthere is a substantial
amount of wind the Commercial Service Officer will require those loads
be tarped.
CITY COUNCIL MINUTES AUGm',T 16, 1994
2. CONSENT CALENDAR (Continued)
Councilmembers discussed safety issues and periodic meetings be held to review
conditions. These meetings could be held more often based on changes of weather
conditions.
MOTION - Murphy SECOND -
Spurgeon AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy ACTION: Approved.2.
4 Request
Council approve agreement with the County of Orange for the construction of sewers in the
public right-of-way on Cully Road. (A2100.0.Agr.2275)FISCAL
IMP ACT: None. Entire project funded by the County of Orange through Community
Development Block Grant funds.ACTION:
Authorized Mayor and City Clerk to execute agreement on behalf of the City.2.
5 Request Council approve an Easement Deed with the Regents of the University of California
for a water line to provide fire protection for the proposed County of Orange Juvenile
Hall Housing and Classroom addition, as requested by the City of Orange Fire Department. (
D4000.0)FISCAL
IMP ACT: None.ACTION:
Authorized Mayor and City Clerk to execute on behalf of the City.2.
6 Request Council authorization for Advertising to Invite Bids for constlUction of SP 310 1 wheelchair
access ramps. (S4000.S.3.2)FISCAL
IMPACT: None. Funds have been appropriated through Corrmunity Development
Block Grant - ADA Improvements.ACTION: Approved.
2.7
Request Council approve acceptance of $105,000.00 in Urban Park Grant funding from the County
of Orange. (C2500.N)FISCAL IMP
ACT: Sufficient matching funds have been budgeted in th,~ Park,Acquisition and
Development Fund as follows:510-7021-
485100-0750 (SouthridgeIBelmont Pk) $250,000.
00 510-7021-485100-0016 (Handy
Park) $5,000.00 The City Council publicly acknowledged Orange County
Supervisor, Gaddi Vasquez for his efforts to secure the $105,000 Urban Park Grant to the City
of Orange
CITY COUNCIL MINUTES AUGUST 16, 1994
2. CONSENT CALENDAR (Continued)
installation of scoreboards and play equipment at Handy Park and the development of
Belmont Park, including play equipment. Belmont Park is located in the northeast area of
the City, Southridge Tract on Via Escola Avenue.
ACTION: Approved.
2.8 Request Council approve contract between the City and Orange County Transportation
Authority (OCT A) for transportation services for senior citizens in the amount of
23,450.00 for fiscal year 1994/95. (AZI00.0.Agr.0972.J)
FISCAL IMPACT: Sufficient funds exist in account 210-
7032-427800.ACTION: Authorized the City Manager to execute on behalf of
the City.2.9 Request authorization to approve a Housing Accessibility Program Grant
and authorize the Treasurer to prepare a warrant in the amount of$I,500.00. (C2500.G.1.
3.4)FISCAL IMPACT: Funds are available in Account No.
316-6053-427800-1222 (Housing
Accessibility Program
Grant). Case #574.ACTION: Approved.2.10 CLAIMS
FOR DAMAGES FROM: (
C3200.0)a.
Richard Hine
b. Roberto Vega
c. ToddReed FISCAL IMPACT: None.ACTION: Denied claims and referred
to City Attorney and Adjuster.2.11 Request Council approve a contract with PELA/Elliott
Group for Bikeways Master
Plan.AZI00.0.Agr.2276)FISCAL IMPACT: Funds in the amount of $20,000.00
are
available from AB 2766 funds.ACTION: Authorized City Manager to execute
onbehalf of the City.2.12 Designate Mayor Pro Tern Barrera as the voting delegate
for the League of California Cities Annual Conference October 23-25, 1994,
with Councilman Mark Murphy
as the alternate. (
ORI800.0.
12)FISCAL
CITY COUNCIL MINUTES AUGUST 16, 1994
2. CONSENT CALENDAR (Continued)
MOTION - Barrera SECOND -
Spurgeon AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Item 2.3
was removedand heard separately, all remaining items on the Consent Calendar were approved/denied
as recommended.END OF CONSENT
CALENDAR 3. REPORTS FROM
MAYOR BEYER - None 4. REPORTS FROM COUNCILMEMBERS
EI Toro Reuse Committee
Councilman Spurgeon announced the
next meeting is scheduled for September 14th and requested the City Clerk
to agendize the report for the September 20th Council meeting.The El Toro Reuse
Committee met recently. It was primarily a scoping meeting to discuss the phases. The goal is
that sometime during the Fall of 1995 the committee will present to the Board of Directors of the
El Toro Reuse Group three reuse plans for the El Toro Base, one of which is required to be an
airport. The Board of Directors and consultant will then decide which one of the three they will
choose. This plan will be sent back no later than January, 1996 to the Secretary of the Navy
for disposition.There have been discussions
regarding the "land swap" between The Irvine Company and the El Toro Base. The Irvine
Company representative spoke indicating this was very preliminary and basically did not have
any information.During the next 18
months there will be three six month phases, divided into the following areas:data collection and documentation;
data analysis and evaluation; and conceptual reuse master planning. The grant of$
750,000 is going forward for this process to pay the consultant and reimburse the County. If
the referendum fails, a white paper is being prepared and will be shared with the Council. The
Secretary of the Navy does not have to honor this referendum and can still make the final decision.
5. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS - None 7.
REPORTS FROM CITY MANAGER - None
8. LEGAL AFFAIRS - None 9. RECESS TO
THE MEETNG OF THE ORANGE
REDEVELOPMENT AGENCY Page 5
CITY COUNCIL MINUTES AUGUST 16, 1994
10. ORAL PRESENTATIONS
Carole Walters, 534 N. Shaffer, asked if Chapman University has football games will the permit
parking be taken away from the neighbors.
The Traffic Engineer indicated there have been no requests from Chapman University.
Mrs. Walters asked what time the street sweeper swept the streets in front of Chapman
University, and also on Glassell where the small businesses are located.
The Street Superintendent indicated the street sweeper circles Chapman University before 7:00
a.m. so students will have parking places outside the non-parking areas. Glassell Street is
swept between 7:00 and 8:00 a.
m.Mrs. Walters commented if customers go to businesses around 8:00 a.m. they will get a ticket
if the sweeper has not been there. This is wrong. Why can't these small business on Glassell
Street across from Chapman University be treated like
them.The Street Superintendent commented they have not received any
complaints.11.
RECESS
MOTION
SECOND
AYES Barrera
Murphy
Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy
The City Council recessed at 3:55 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54956.
9(a):City
of Orange vs. Refco Securities, Inc., NASD Arbitration No. 92-03685.
Deleted from Closed Session - National Advertising vs. City of Orange, United States District Court
Case No. CV 85-4968 Tlli(Kx).
Deleted from Closed Session - City of Orange vs. Orange County Sheriff, Orange County Superior
Court Case No. 72 97 18.Deleted
from Closed Session - City of Orange vs. United Pacific Insurance Company, et aI.,Orange County
Superior Court Case No. 72 42 36.City of
Orange vs. Lumbermen's Mutual Casualty Company, et al., Orange County Superior Court Case
No. 71 8262.City of
Orange vs. Moreland Associates, Orange County Superior Court Case No. 70 13 96.b. Conference
with Legal Counsel - anticipated litigation.Initiation oflitigation pursuant
to Government Code Section 54956.9(c) (changed to two potential cases).Page
6
CITY COUNCIL MINUTES AUGUST 16, 1994
11. RECESS (Continued)
The following was deleted from Closed Session: Significant exposure to litigation pursuant to
Government Code Section 54956.9(b) (one potential case).
c. To consider and take possible action upon such other matters as are orally an,10unced 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
12. INVOCATION
Randy Ema, Orange North Rotary Club.
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
12.2 ANNOUNCEMENTS - None 12.
3 INTRODUCTIONS - None 12.4
PROCLAMATIONS - None 12.5 PRESENTATIONS -
None 13.PUBLIC HEARINGS TAPE
1572 13.1 LA VETA
A VENUE IMPROVEMENTS, CITY OF ORANGE:Time set for a
public hearing to consider the report and recommendation of the La Veta Avenue Community Advisory Committee (CAe)
pertaining to La Veta Avenue between Cambridge and Glassell Street and Glassell
Street between La Veta and Culver Avenue.(S4000.S.3.7)The CityAttorney announced
Mayor Beyer would have had to abstain from voting on this issue because of a conflict
of interest.MAYOR PRO TEM BARRERA
OPENED THE PUBLIC HEARING.The Traffic Engineer presented
the La Veta Avenue Community Advisory Committee's final report (copy on file
in the City Clerk's Office). The report was summarized as fo[ows:The City Council appointed
the fifteen member committee including a representative from the City of Santa Ana
and the Orange County EMA to assist as advisors. Of the original fifteen member committee, nine members
continued to be active participants for the course of the study.The alternatives selected for
analysis fell into the following three groups:Page 7
CITY COUNCIL MINUTES AUGUST 16, 1994
13. PUBLIC HEARING (Continued)
LAND USE ALTERNATIVES
No project no change - implementation of this alternative would shift traffic demand to adjacent local
and arterial streets, place the City at risk for non-compliance with the General Plan
requirements, and jeopardize the City's participation in the Measure M funding program estimated
at $70 million over the 20 year program life.
Reduced Demand - would require land use density reductions to a level that would preclude the need
to provide additional capacity on the study section of La Veta. It would represent a substantial
divergence from the City's current growth and development policies.OPERATIONAL
ALTERNATIVES Reversible
Travel Lane - Stripe the existing street between Glassell and Shaffer for three lanes and with
the use of electronic over-head signing use the center lane as directionally needed to provide
capllcity; westbound in the a.m. and eastbound in the p.m. Concerns are safety, aesthetics and
an estimated $200,000 equipment cost for the test. To date, no comparative data exists on this
type of roadway.Inter-
Loop - creates a one-travel pattern using Almond, Grand, Maple and Lemon to by-pass
the Plaza. The outer-loop would have used LaVeta, Cambridge, Walnut and Batavia as
an expanded version of the by-pass. This alternative did not reduce the demand on LaVeta that
required for
a Secondary Highway.One-Way Operation - La Veta and Culver - Creates a one-way couplet
comprised of a westbound LaVeta and a eastbound Culver. Traffic demand on LaVeta would be
reduced to a level below the Secondary Highway requirements. However the Alternative
would also introduce 9,000 VPD into the adjacent residential area and exacerbate the Fairhaven
problem by increasing ADT on that street by
2,000 VPD.One-Way Operation - All Interior Streets - Create a mini system of one-
way streets comprised ofa westbound LaVeta, eastbound Culver, westbound Palmyra and
eastbound Almond. The traffic demand sill not increase but
internal circulation
will.IMPROVEMENT ALTERNATIVE Modified Secondary - Would result in the widening of La Veta between Shaffer
and Orange from its current 34-ft. width to a new width of 46 ft, accomplished within the
existing 60 foot right-of-way. The street would be configured to provide two
through/parking lanes and a continuous left turn lane, and at a higher level of traffic demand be
re-configured to provide a 4-thorough lane roadway. Signalization at La Veta/Shaffer would be
necessary at the Phase 3 level.Signalization at La Veta/Grand, turn restrictions from La
Veta onto cross-streets. and local stRot intersection diverters would
be required
CITY COUNCIL MINUTES AUGUST 16, 1994
13. PUBLIC HEARING (Continued)
Phase 3 would result in the widening of La Veta between Orange and Glassell in the near future to
allow for the improvement of the LaVeta/Glassell intersection. The Modified Secondary would
accommodate approximately 90-95% of the ultimate
demand.GLASSELL
STREET It was the committee's opinion the entire reach of Glassell, rather than the one block
segment under consideration, be evaluated on the streets own merit. Glassell St. Alternatives are
interim as they do not meet MP AH lane requirements for a Primary Highway. The
recqmmended alternative maintains parking on the east side of the street, provides continuous left turn lanes,
and provides two southbound through lanes. Additional right-of-way and
improvements are necessary to
implement thi, Alternative.Mitigation Measures -
LaVeta Avenue Relative to street scape, the committee recommended: I) implementation with
pr before Improvement Phase 2 and 3 with the City assuming all costs. 2) Institute a funding
program for early mitigation measure installation. 3) Property owners be given choice of fencing. 4)
A plan for island and landscaping on LaVeta between Shaffer and Cambridge and monument
signs at each end of the street be included in the street scape. 5) Utilities be undergrou nded with
the City assuming
connection fees.City staff suggested the street scape be incorporated into an Area Design Standard
and required with individual site improvements. The Street Improvement Program would in..fill
the street scape as necessary. Further a compromise to the committee's recommendation to
fund utility connection fees would be a low interest
loan program.Glassell Street. Street scape is governed by the Old Towne Design Guidelines.
The committee recommended relocation of the palm trees as part of any
street improvements.COMMITTEE
RECOMMENDA nONS La
Veta Avenue Reduced Demand Alternative would maintain the existing condition on LaVeta by
reducing land use densities through amendments of the City's General Plan. Reversible Travel Lane -
Least disruptive of the Operational Alternatives. Would require 18-24 months for EMA
to determine capacity equivalency. Modified Secondary - This alternative in conjunction with a
Performance Agreement would provide street capacity when and if needed and would be inclusive
of:Establishing a 60 ft. right-of-way between Shaffer and Orange Streets, with no
structures to be impacted. The parkway would be used to gain the additional street width between the
34 and 46 feet. Phase two improvements at an early date. Phase 3 and Phase 4 traffic
controls. Refine
CITY COUNCIL MINUTES AUGUST 16, 1994
13. PUBLIC HEARING (Continued)
adopt River Rock Theme Street Scape. Implement during Phase and 4 or before. Funding
Program for early Street Scape. Property owners given choice of wall options. City assume
hook-up cost of utility
undergrounding.Glassell Street - Adopt Alternative 3 as a stop-gap
measure Historic Preservation and Reduced Demand Alternative- Committee Analysis - The Committee
was directed by Council to evaluate and reconcile recommended alternatives with Preservation
and Circulation Element of General Plan.
Reduced Demand Alternative - No conflict if accomplished through Amendment of General Plan as
prescribed by State law.Reversible
Travel Lanes - creates non-mitigable visual impact. Final determination relative to Circulation
Element could not be immediately determined.Modified
Secondary - Plan reconciles Preservation and Circulation Element through reduced street section,
negotiable right-of-way acquisition and extensive functional and visual mitigation
measures.
Conclusion: The Committee felt La Veta should be the first of several studies to identify potential
problems, alternatives and solutions in a timely manner.
The Traffic Engineer was asked to review the traffic accident history at La Veta & Glassell. It
was reported there were 18-20 accidents per year. However, these would be correctable by
an improved signal system and improved
channelization.The following people contacted the City on August 16, 1994 expressing opposition to the
LaVeta
widening:Harmony Upton, 126 E.
River Harold Jones, 667 S.
Grand Peggy Cole, 134 E.
LaVeta June Ahrens, 518 S.
Orange Charles McCandless, 213
River Linda Shoemaker, River
St.The following people
spoke:Steve McHarris, 485 S. Orange
St.Rich Robertson, 477 S. Orange
St.John Newcomb, 429 S. Grand
St.Harold Jones, 667 S. Grand
St.Ray Wyman, 384 S. Grand
St.Craig Smith, 504 E.
Palmyra Page
CITY COUNCIL MINUTES AUGUST 16,1994
13. PUBLIC HEARING (Continued)
Doug Lawrence, 915 E. Palmyra
Winnie Winston, 650 E. LaVeta
Scott McReynolds, 504 N. Grand St.
Michael Emfeld, 421 S. Grand St.
George Cassell, 634 E. LaVeta
Nick Samia, 344 E. LaVeta
Edward Banuelos, 427 LaVeta
Frank Tucker, 556 E. Culver
Eric Bergstrom, 413 S. Grand
Gary Jacquith, 503 S. Glassell
Bob Bennyhoff, 10642 Morada Dr.
Martha Tangmo, 3332 E. Maple, owns property on LaVeta
Larry Lopez, 639 S. Orange
Their concerns were expressed as follows:
Why widen a "dead-end"
street.The committee made the right choice with the modified
secondary .Stick to one sort of fence. Stone would look a lot better with no
maintenance.What will happen to the unit on the northwest corner of Orange and La
Veta?The Traffic Engineer explained the City would probably take the unit and the residual
property could be attractively landscaped with a monument
sign.Opposed to any plan that re-routes traffic onto
residential streets.Concern for children'
s safety.LaVeta has too much traffic now
without widening.Save the neighborhoods - do not go ahead with any plans. Leave LaVeta and Glassell as
they
are.Opposed to
4-lanes.Place a 4-way
stop at Shaffer.In favor ofleaving the parkway instead of
a rock fence.Best option for neighborhood
is no project.Orange is a bedroom community and proud of Old Towne. Council
should
preserve our community.IfLaVeta is widened
cars
will speed.REBUTTAL Doug Lawrence, 915 E. Palmyra, commented this is not a new issue. Traffic
speeds should be lowered on Palmyra, because the majority of traffic flows down
Palmyra Street. Chapman Avenue could accommodate widening,
this area cannot.MAYOR PRO TEM BARRERA CLOSED
THE PUBLIC
CITY COUNCIL MINUTES AUGUST 16, 1994
13. PUBLIC HEARING (Continued)
Council recognized the efforts of the committee. Councilwoman Coontz commented taking a
proactive stance with a plan that says when traffic requires it, a modified secondary arterial
alternative is adopted. However, this would only happen if the traffic requires it. Protection of
neighborhoods, the north and south streets, children's safety, and allowing people to get onto
LaVeta is of primary importance. Protection of the area is the primary concern not the 70 million
dollars.
The landscaping proposal was discussed and concern was expressed regarding the cost of
installation. The Traffic Engineer commented this plan is expensive.
The City Manager commented staff would return to Council with an implementation plan that
would address not only design and size, but also financing. It could be done by Assessment
District or grants and loans from the City - various funding mechanisms for Council to review.MOTION
SECOND
AYES
ABSENT
Coontz
Spurgeon Spurgeon,
Barrera, Coontz,
Murphy Mayor Beyer Moved to
accept the report
and adopt the Modified Secondary Arterial Alternative including the roadway enhancement between Orange Street
and Glassell.MOTION SECOND AYES ABSENT Murphy
Coontz
Spurgeon,
Barrera,
Coontz,
Murphy
Mayor Beyer
Moved to direct staff and
City Attorney to
amend Orange Municipal Code Title 12, Section 12.52.021, Arterial Streets, and Section 12.
52.022(H), Street Dedications to establish LaVeta Avenue between Shaffer St. and Orange St. as
a Modified Secondary Arterial Highway with a right-of-way requirement of 60 ft. and
a travel way width of 46 ft.MOTION SECOND AYES ABSENT Murphy Coontz
Spurgeon,
Barrera,
Coontz,
Murphy
Mayor
Beyer Moved
that upon final determination of
right-of-way
requirements for LaVeta Avenue between Orange St. and Glassell St. amend the
same sections of the Orange Municipal Code accordingly.MOTION SECOND AYES ABSENT Coontz Murphy Spurgeon,
Barrera,
Coontz,
Murphy
Mayor
Beyer Page
12
CITY COUNCIL MINUTES AUGUST 16, 1994
13. PUBLIC HEARING (Continued)
Moved to direct staff and City Attorney to prepare a Resolution ofIntent specifying levels of
street improvement, traffic control and mitigation measures based, by phase, on those traffic
volume levels identified in the Final Report and shown by report Exhibit C, La Veta Avenue
Modified Secondary. The Resolution ofIntent shall also include an Average Daily Traffic
Volume verification procedure and is intended to be the implementation vehicle that replaces the
Performance Agreement contained in the LaVeta Avenue Committee recommendations.
MOTION
SECOND
AYES
ABSENT
Murphy Coontz
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer Moved
to direct staff,
upon refining the concept and developing the construction standards, to amend the Old Towne
Design Guidelines to incorporate the river rock item and related street scape features as the
design standard for LaVeta Avenue between Cambridge Street and Glassell.Direct staff to prepare
a report for Council's consideration addressing a low interest loan program for residential hook-up
costs associated with utility undergrounding. These items should be assembled and brought,
publicly noticed, upon the time in which LaVeta goes to a Phase 3 development standard. At
which time where it appears the City would enter Phase 3, the public would be notified
of an additional public hearing to make notice and awareness of the opportunities and options
available for both these items.MOTION SECOND AYES
ABSENT
Coontz
Murphy
Spurgeon,
Barrera, Coontz,
Murphy
Mayor Beyer Moved to approve
Glassell Street Alternative
3 as a potential interim improvement.MOTION SECOND AYES ABSENT Murphy Coontz
Spurgeon,
Barrera,
Coontz,
Murphy
Mayor
Beyer Moved
to direct staff to present
for Council consideration
a procedure and schedule for an in-depth analysis of Glass ell, Cambridge and Walnut Avenue
within the Old Towne boundaries.MAYOR PRO TEM BARRERA ANNOUNCED A FIVE MINUTE RECESS.
14.PLANNING AND ENVIRONMENT TAPE 6958 Page 13
CITY COUNCIL MINUTES AUGUST 16, 1994
14.1 DRB Appeal No. 01-94; DRB Application No.
2979:An appeal of the Design Review Board's Conditioned Approval of Modifications to the Facade
of an Existing Storefront. Applicant and Appellant: Byblos Restaurant, Location: 129
W.Chapman
Avenue The Director of Community Development reported Byblos Restaurant's request is to change
the existing storefront which is glass and aluminum to one that is more conducive to the sidewalk
cafe type of business they would like to create. The existing storefront would be removed and a
new storefront created approximately seven feet from the sidewalk. The original proposal included
a central entry door as well as other opening doors. This building is on the National Register
of Historic
Places.The Design Review Board reviewed the proposal on June 1, 1994. The proposal was reviewed
in relation to the local guidelines for the Old Towne area as well as the Secretary ofInterior'
s Guidelines for rehabilitation of historic buildings. The DRB took exception to the proposal
and required it be modified keeping the center door seven feet back from the sidewalk, but moving
the other windows up to the
sidewalk.Upon appeal by the applicant, the Planning Commission held a hearing on July 6, 1994
and recommended approving the proposal as it was proposed by the applicant and overriding
the DRB's decision. The Planning Commission recommended keeping some kickplates in
the windows on either side of the
doorway.The Appellant, Dave Kent, III W. Almond, Orange, Architect for the project, gave
the presentation commenting the design of the outdoor cafe will help promote foot traffic.
The proposal is not a major remodel, but the improvements are beneficial to the
community.The following people spoke in favor of the
proposal:Brian McBroom, 1323 E. Maple and business owner at 55 Plaza
Square John Schwind, 245 S.
Lemon Ray Wyman, 384 S.
Grand Larry Pace, 1201 N.
California Rae Lynn Price, 1033 Van
Bibber Carole Walters, 534 N.
Shaffer Mara Brandman, 7319 Equitation
Way Corinne Schreck, 446 N.
James Lisa Blanc, 368 S. Orange, expressed concern with the modification and its affects regarding
the National Historic status the downtown area received. Original modifications done on the
building were done without a permit and over the
weekend.Councilwoman Coontz requested staff obtain the State Historic Preservation Guidelines
booklets,make them available to the Design Review Board, the Planning Commission and the public
for review and interpretation. Further, staff should monitor modifications done without permits
on
weekends.Page
CITY COUNCIL MINUTES AUGUST 16, 1994
14. PLANNING AND ENVIRONMENT (Continued)
MOTION
SECOND
AYES
ABSENT
Murphy Coontz
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer Moved
to uphold the
Appeal No. 01-94.The City Manager
was directed to have staff complete an update on the information relating to the National Registry
to ensure the latest information is available.15. ORAL PRESENTATIONS
Linda Lemayski, 320
E. Maple Avenue, complained about the large volume of activity during the weekends at the
Chapman University Chapel. It has caused noise, traffic and parking problems for the neighbors
in the area. Ms. Lemayski requested assistance on this problem.The City Manager
commented consideration would be taken on this issue.16. ADJOURNMENT MOTION
SECOND AYES
ABSENT
Murphy
Barrera
Spurgeon,
Barrera,
Coontz, Murphy
Mayor Beyer The City Attorney
announced the following
action which occurred during the Closed Session:Council gave approval for the City
to join other public agencies as friends of the court in two appellant cases, one is in the
State Supreme Court, the other is in the U. S. Circuit Court of Appeals. Joining the lawsuit does not
involve any costs to the City.First Case: Knott vs. State of
California, the lower court held the State was liable for the criminal acts of a CHP Officer on
duty. There is another unfavorable opinion by an Appellant Court. This has been appealed to the California
Supreme Court for guidelines on when cities and other public agencies are liable for employees who
may commit criminal acts on duty.Second Case: Stewart vs. City and
County of San Francisco and the U. S. 9th Circuit Court of Appeals. The main issue is the
applicability of Federal laws related to the payment of time and one halffor overtime to public agencies.
The City Attorney is trying to get guidelines on this Issue.Page 15
CITY COUNCIL MINUTES
16. ADJOURNMENT (Continued)
The City Council adjourned at 10:15 p.m.
PJnt'U-ff!
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p~MARlL YN J NS ,
C~CITY
CLERK AUGUST 16,
1994 Gene
Beyer GENE
BEYER
MAYOR By~!4d~FRED L.
BARRERA MAYOR PRO
TEM Page