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HomeMy WebLinkAboutCC MINUTES 1985 06 17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA JUNE 17, 1985 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Greinke at 7:01 p.m. tn the City Council Chambers, 300 Centennial Way. Councilman Saltarelli led the Pledge of Allegiance, and the Invocation was given by Councilman Edgar. II. ROLL CALL Councilpersons Present: Frank H. Greinke, Mayor Donald J. Saltarelli, Mayor Pro Tem Richard B. Edgar Ursula E. Kennedy Councilpersons Absent: Ronald B. Hoesterey (Arrived 7:05 p.m.) Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Donald 0. Lamm, Com. Development Director Charles R. Thayer, Chief of Police Robert S. Ledendecker, Dir. of Public Works Jeff Davis, Assistant Planner Janet Nester, Administrative Secretary Approximately 15 in the audience III. PROCLAMATION Z, JERRE GLASGOM - GOLDEN TOUCH AWARD RECIPIENT Mayor Greinke read and presented a proclamation commending Jerre GlasVow upon her selection by Foothill High students to receive ATSC s Golden Touch Award for her work with youth. Mrs. Glasgow extended her thanks to the Council and students. 84 IV. PUBLIC HEARING 1.APPEAL OF USE PERMIT 85-9 - TUSTIN PLAZA (WESTERLY SIDE NEWPORT AVENUE BETWEEN EL CAMINO REAL & MAIN STREET) The public hearing was opened by Mayor Grelnke at 7:10 p.m. David Neish, representing applicant Carver Development Company, spoke in favor of Use Permit 85-9. He noted that, although not a particular condition, there has been an idea expressed in meetings between Carver and City staff that would provide an additional acceleration lane at the northerlymost area of Newport Avenue off of Main Street making a right onto Newport Avenue, which they feel would impact the aesthetics of that particular corner. Roy Carver, Carver Development Company, expressed excitement regarding the proposed development and responded to Council ques- tions on the matter. The staff report was presented by the Community Development Direc- tor as contained in the inter-com dated June 17, 1985, prepared by the Community Development Department. The Community Development Director responded to Councilman Edgar that based on square footage, staff felt buildings 2 and 3 would be most conducive to a single-tenant restaurant-type use, and there- ' fore limited it to one user to eliminate it being split into a coffee shop, sandwich shop, take-out, donut shop, etc. The Direc- tor also noted that the matter will be considered this evening on the Redevelopment Agency agenda. CITY COUNCIL MINUTES Page 2, 6-17-85 Mayor Pro Tem Saltarelli expressed pleasure with the modified plans. He questioned the need to maintain the bike trail on New- port Avenue between Irvine Boulevard and E1 Camino Real which was designed to connect to a County bicycle trail network, for which funds have since been cancelled. The Community Development Director responded that it is a matter of Council policy to decide whether the bike trail is appropriate from E1 Camino Real to Irvtne Boulevard or whether to maintain it for future widening of Newport Avenue. The Director of Public Works stated that a survey conducted a few years ago showed approximately 300 bicyclists daily during the week. He suggested the City Attorney provide an opinion on City removal of the off-street bike trail and placing bicyclists in that particular area back on the street with traffic. The Director responded to Councilman Edgar that the bike trail was constructed in accordance with minimum County standards. Margaret Greinke, 230 South "A" Street, expressed preference for the revised plans. She suggested that Plan "B" be further modified to extend the roof elevations completely across all four corners, and to revise the parking lot/building design at the corner of E1 Camino Real and Newport Avenue which is the entrance into the heart of Tustin. David Neish responded that the roof element would be continuous the entire distance of the commercial building along Newport Avenue. He continued that what is being requested of City Council is approval of the Use Permit which is the establishment of the land uses (office and commercial) specifically contained in the site plan, keeping in mind that the exhibits/schematics displayed are to some extent conceptual, and all final elevations must be reviewed and approved by the Planning Commission. In reference to Council- man Edgar's comments pertaining to restaurants, he added that their objective is to provide the refined-type dinner house Council is looking for. Rey Carver described the architectural concept intended for the project. He explained that due to a title problem dating back to the early 1900's, Ticor will not insure a building on the first 60-70 feet of subject property (adjaCentto E1 Camino Real), and a parking lot was the only alternative. Otherwise, their first choice was to place a building at that location. There being no other speakers on the matter, the public hearing was closed at 7:36 p.m. It was moved by Saltarelli, seconded by Edgar, to approve Use Permit 85-9 subject to the same conditions accepted and authorized by the Planning Commission on May 13, 1985; to direct staff to report at the July I Council meeting on the feasibility of retain- ing the bicycle trail; and if not retained, to authorize staff to work with the developer in providing additional landscaping, berm- ing, etc. Councilwoman Kennedy expressed concern that the project as pre- sented will not generate the necessary tax increment ($100,000 yearly) to invest taxpayers' money in the project, She Stated that the leasing agent/developer appear unaware of the community's need for a furniture chain store and a movie theater, and she did not concur that a liquor store, music store, nor an auto parts store belong in this development. She voiced personal gratitude for the project's square footage, elevations, and the developer's flexi- bility to meet the City's needs. However, she felt further refine- ment of the project is necessary in terms of drawings matching blueprints, identifying proposed retailers, and resolving aesthetic problems on Main Street and to the rear of buildings as brought up by Councilman Noesterey. She concluded that unless Council could include her concerns in conditions of approval, she could not sup- port the project. CITY COUNCIL MINUTES Page 3, 6-17-85 Mayor Pro Tem Saltarelli noted that subject property was previously approved for construction of four- and five-story office buildings which would. generate approximately three times as much traffic and would entail between $1.50-$2,25 million in tax increment to build parking structures to support retail uses and the potential of a movie theater. This project entails $583,000. Of most importance to Mayor Pro Tem Saltarelli were the lower building heights and the 80% retail use it will generate, approximately four times as much sales tax increment. He was greatly in favor of land use approval as quickly as possible. Councilman Edgar stated the expenditure of $583,000 is justified by the City's demand for an attractive project that will enhance the aesthetics of the downtown area, and the revenue that will be generated by it. Mayor Greinke expressed displeasure with the project's architecture and plans, and was in favor of retaining the bike trail. Council- man Moesterey stated he was in favor of the land use, but felt approval of the entire project was premature. In response to Council's request that the developer resubmit a third plan, David Neish stated that escrow will close on July 15, 1985, and time is very costly. Council debate followed. Mr. Carver and Mr. Neish stated they are striving for a top quality development and are not advocating uses such as an auto parts store, liquor store, etc. A substitute motion was made by Greinke, seconded by Kennedy, to continue the appeal of Use Permit 85-9 to the July I meeting. In response to Councilman Hoesterey, the Community Development Director stated that Condition No. I could be worded to require City Council review and approval of elevations of buildings num- bered I and 2 on the approved site plan. Secondly, he noted that the composition of tenants in the center would be regulated under the CG zone standards. Council could get more specific and stipu- late in the development and disposition agreement between the Rede- velopment Agency and the developer that certain percentages of building square footage shall be allocated to specific uses, i.e., furniture, restaurants, electronic parts, etc. Mr. Neish stated there is insufficient time to totally redesign the project, and to do so would kill the project. He continued that Carver Development is committed to working with the City; he felt modifications could be made to the project design that would please Council; he was agreeable to amending Condition No. I as stated above; and he requested Council endorsement of the concept and land use approval. A second substitute motion was made by Hoesterey, seconded by ~d_~, to approve Use Permit 85-9 with 80% of the total square ootage committed to retail use, and amend Condition of Approval No. I in Exhibit "A" of the Planning Commission report dated June 17, 1985, to require City Council review and approval of architectural elevations. The City Attorney responded to Mayor Greinke that there is a separate procedure the Redevelopmerit Agency must follow prior to approval of providing funds for the project which requires legal notices and a public hearing. The second substitute motion carried 5-0. 81 V. PUBLIC INPUT 1. EAST TUSTIN DEVELOPMENT Carol Taylor, 13532 Farmington Road, referenced her letter dated June 17, 1985, regarding East Tustin development. She was informed of the procedure whereby Planning Commission actions become final CITY COUNCIL MINUTES Page 4, 6-17-85 unless appealed by the City Council. She was also informed that Council would conduct a public hearing on the East Tustin Planned Community/Phase I Residential on July 1, 1985. 81 VI. CONSENT CALENDAR Item 11 was removed from the Consent Calendar by Greinke as requested by staff. An abstention was registered by Greinke on Item 4. It was moved by Edgar, seconded by Hoesterey, to approve the remainder of the Consent Calendar. Carried 5-0. 1. APPROVAL OF MINUTES - JUNE 3, 1985 2, APPROVAL OF DEMANDS IN THE AMOUNT OF $151,118.43 RATIFICATION OF PAYROLL IN THE AMOUNT OF $124,717.52 50 3, REJECTION OF CLAIM OF ROBERT J, SUTTEN; DATE OF LOSS: 12/3/84; DATE FILED WTHK CITY: 5/20/85; CLAIM NO.: 85'30 Rejected subject claim as recommended by the City Attorney. 40 4. RESOLUTION NO. 85-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION (STREET IMPROVEMENTS , NW CORNER OF NEWPORT AND IRVINE) Adopted Resolution No. 85-58 and authorized payment of final 10$ retention amount of $774,17 providing no liens or stop pay- ment notices have been filed against the project within 30 days as recommended by the Engineering Department. (Greinke abstained.) 95 5, RESOLUTION NO, 85-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND ABAN- DON A PORTION OF MOULTON PARKWAY AND TO FIX A TIME AND PLACE OF PUBLIC HEARING THEREON Adopted Resolution No. 85-59 as recommended by the Engineering Department. 105 6, RESOLUTION NO. 85-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION (TRAFFIC SIGNAL IMPROVEMENTS - WALNUT AVENUE AT CHERRYWOOD, OXFORD, BROWNING AND FRANKLIN) Adopted Resolution No. 85-60 and authorize payment of final 10% retention amount of $7,222.20 providing no claims or stop pay- ment notices have been filed against the project within 30 days as recommended by the Engineering Department. 94 7, LAW ENFORCEMENT MESSAGE SWITCHER SYSTEM AGREEMENT Authorized the City Manager to sign the Law Enforcement Tele- communications Agreement with the County of Orange as recom- mended by the Chief of Police and the City Manager. 45 85-26 8. RESOLUTION NO. 85-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING FINAL PARCEL MAP 84-1032 LOCATED IN AN AREA BOUNDED BY THE I-5 FREEWAY, PROPOSED JAMBOREE ROAD, PROPOSED LAGUNA ROAD AND A LINE 192 FEET WEST OF THE EL MODENA CHANNEL Adopted Resolution No. 85-57 as recommended by the Community Development Department. 99 9. EAST TUSTIN ASSESSNENT DISTRICT ' AGREEMENT WITH MUDGE ROSE GUTHRIE ALEXANDER & FERDON, BOND COUNSEL SERVICES Approved execution of subject agreement as recommended by the 45 City Attorney. 85-27 10, AUTHORIZATION TO RETAIN BARTLE WELLS ASSOCIATES AS FINANCIAL CON- SULTANT - EAST TUSTIN ASSESSMENT DISTRICT Authorized the retention of Battle Wells Associates. as the financial consultant for the East Tustin Assessment District as recommended by the City Manager. 45 85-28 CITY COUNCIL MINUTES Page 5, 6-17-85 Consent Calendar Item No. 11 - East Tustin Assessment District No. 85-1: As recommended by the City Manager, it was moved by Edgar, sec- onded by Kennedy, to continue the followingto July 1, 1985: 11. EAST TUSTIN ASSESSMENT DISTRICT NO. 85-1 Approve Willdan Associates as the Assessment Engineer for the East Tustfn Assessment District No. 85-1, and authorize the Mayor to execute the subject Professlonal Services Agreement r'- for said work as recommended by the Director of Public Works/ , City Engineer. Motion carried 5-0. 45 VII. ORDINANCES FOR INTRODUCTION 85-30 None. VIII. ORDINANCE FOR ADOPTION 1. LICENSE & PERMIT BOARD PROCEDURES - ORDINANCE NO. 929 It was moved by Edgar, seconded by Hoesterey, that Ordinance No. 929 have second reading by title only. Carried 5-0.. Following second reading by title only of Ordinance No. 929 by the City Clerk, it was moved by Kennedy, seconded by Hoesterey, that Ordi- nance No. 929 be passed and adopted as follows: ORDINANCE NO. 929 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTION OF THE MUNICIPAL CODE PERTAINING TO BUSINESS REGULATIONS Roll call vote: "' AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: None 31 IX. OLD BUSINESS None. X. NEW BUSINESS 1. ASSESSMENT DISTRICT NO. 85-1 IMPROVEMENTS, JAMBOREE ROAD AND LAGUNA ROAD (EL CAMINO REAL) Bids for subject project were received on June 11, 1985, as follows: Suller-Miller Construction Company, Long Beach $1,638,242.26 Griffith Company, Santa Ana $1,760,673.15 S. A. Healy Company & Associates, Azusa $1,820,447.70 As recommended in the inter-com dated June 11, Ig85, prepared by the Director of Public Works, it was moved by Saltarellt, seconded Road and Laguna Road (El Camino Real), to Sully-Miller Construction Company, Long Beach, in the amount of r'~ $1,638,242.26. The motion carried 5-0. 25 ~ X I. REPORTS 1. PLANNING COMMISSION ACTIONS - JUNE 10, 1985 It was moved by Saltarelli~ seconded by Noesterey, to ratify the entire Planning Commission Action Agenda of June 10, lgBB. Carried s. -o. 2. "C" STREET NORTHERLY OF FIRST STREET (STATUS REPORT) It was moved by Saltarelli~ seconded by Edgar, to receive and file the report dated June 7, 1985, prepared by the Director of Public Work s. CITY COUNCIL MINUTES Page 6, 6-17-85 Following a brief question-and-answer period, the motion carriedl 95 5-0. 3. EMERGENCY PURCHASE OF GAS MONITORING EQUIPMENT Followlng consideration of the inter-com dated June 10, 1945, pre- pared by the Engineering Division, it was moved by Saltarelli, seconded by Edgar, to receive and file same. Carried 5-0. 4. LIBRARY PARKING LOT (INFORMATION REPORT) After brief Council/staff discussion, it was moved by Saltarelli, seconded by Edgar, to receive and file the tnter-com dated June 11, 1985, prepared by the Director of Public Works on Subject matter. Motion carried 5-0. 39 XIIo OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Attorney requested a Closed Session to consider legal matters, and the City Manager requested a Closed Session to con- sider personnel matters. 2. TRAFFIC SIGNAL AT WALNUT & CHERRYWOOD Councilman Edgar noted that the new traffic signal at'Walnut and Cherrywood has created a problem for left-turn access into the Laurelwood subdivision. The Public Works Director responded that he was not aware of such a problem; that staff would investigate the matter; and the newly installed equipment can be modified to accommodate a left-turn signal. 94 3. STREET STRIPING AT NISSON & REDHILL Councilman Noesterey congratulated the Public Works Department on the completion of street striping at Hisson and Redhill' which has relieved the left-turn traffic congestion at subject intersection. 95 4. ORANGE COUNTY TRANSPORTATION COMMISSION Mayor Pro Tem Saltarelli congratulated Councilman Edgar upon his election to the League of Cities' Orange County Transportation Commission. 101 5. REQUEST FOR PROCLAMATION Councilwoman Kennedy requested preparation of a proclamation in recognition of Dr. Denny's project at 1252 Irvine Boulevard. 84 6, LEFT-TURN TRAFFIC MOVEMENTS Councilwoman Kennedy relayed complaints regarding protected left- turn traffic movements at the intersections of Newport and First, Newport and Laguna (El Camino Real), Walnut and Newport, Prospect and Irvine, and Bryan and Newport (into Larwin Square)~ The Direc- tor of Public Works responded that the signal at Walnut and Newport would be corrected with the upcoming inter-connect project. He indicated staff would investigate subject intersections to insure that they are functioning properly. The Director of Public Works provided a timetable for slgnaiization at the intersection of Sycamore and Newport. 94 7. CONMENDATION TO PLANNING CONMISSION CHAIRMAN Mayor Greinke commended Ron White as Chairman of the Planning Com- mission and his conduct of meetings. CITY COUNCIL MINUTES Page 7, 6-17-85 8, BIRTHDAY GREETINGS TO GREINKE FAHILY MEMBERS Mayor Greinke extended Happy Birthday wishes to his mother on her 81st birthday and also to his sister, noting that he was unable to attend a party in their honor this evening. XIII. RECESS - REDEVELOPMENT; CLOSED SESSION - RECONVENED Mayor Greinke announced that the City Council would recess to a Closed Session to confer with the City Attorney regarding pending litigation .. pursuant to Government Code Section 54956.9(c) and to consider person- nel matters pursuant to Government Code Section 54957. At 8:55 p.m. the City Council meeting was recessed to the Redevelopment Agency, and thence to a Closed Session as stated above by unanimous informal consent. ' The meeting was reconvened at 10:10 p.m. with all members present. XIV, ACTIONS FROM CLOSED SESSION 1, APPOINTNENT TO PLANNING COMMISSION It was moved by Kennedy~ seconded by Greinke, to appoint Alden Baker to the Planning Commission to fill the vacancy of James 8. Sharp. Carried 5-0. 80 2. CITY MANAGER'S ADMINISTRATIVE SECRETARY - SPECIAL SALARY ADJUST- MENT It was moved by Hoesterey, seconded by Kennedy, to authorize advancing the Administrative Secretary in the City Manager's office to Step E of the Administrative Secretary's salary range. Carried 79 3, CITY OF IRVINE, VILLAGE 14 - WEST PARK PROJECT EIR It was moved by Saltarelli~ seconded by Ed at, to authorize the City Attorney to prepare and file a lawsuit c~allenging the City of Irvine's Environmental Impact Report for the Village 14, West Park Project. Carried 5-0. 36 XV, ADJOURNMENT At 10:15 p.m. Council concurred to adjourn to the next regular meeting on July 1, 1985, at 7:00 p.m. MAYOR