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Home My WebLink AboutCC MINUTES 1984 08 06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUGUST 6, 1984 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Kennedy at 7:01 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Hoesterey, and the Invocation was given by Mayor .Pro Tem Greinke. ~ e II. ROLL CALL Councilpersons Present: Ursula E. Kennedy, Mayor Frank H. Greinke, Mayor Pro Tem Richard B. Edgar Ronald B. Hoesterey Donald J. Saltarelli Councilpersons Absent: None Others Present: James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Donald D. Lamm, Com. Development Director Robert S. Ledendecker, Dir. of Public Works Charles R. Thayer, Chief of Police Royleen A. White, Di r. of Admin. & Com. Srvcs. Approximately 30 in the audience III. PROCLAMATIONS 1. VOLUNTEER FIREFIGHTERS RECOGNITION DAY Captain Bill Marine and Chief Bernie O'Neill accepted a proclama- ~ tion from Mayor Kennedy designating Saturday, August 18, 1984, as Volunteer Firefighters Recognition Day. Thanks were expressed to ~ the Council. 84 2. OLYMPIC TORCH BEARERS Mayor Kennedy read a proclamation recognizing persons who carried the Olympic Torch through Tustin on July 26, 1984, on its journey to Los Angeles for the Games of the XXIII Olympiad. Mayor Pro Tem Greinke assisted in handing out proclamations and City tile plaques to Charleen Anderson, John Erskine, Didi Gough, Stan Huth, Matthew McLaughlin, Curtis Snyder, Gary Stein, Patt Tambolleo, and Richard Tarbell. 84 IV. PUBLIC INPUT None. V. PUBLIC HEARINGS 1. CONTINUED CONSIDERATION OF APPEAL OF USE PERMIT 84-8 - GEORGETOWN MANOR APARTMENTS, 13181-13195 GWYNETH DRIVE The Community Development Director presented the staff report and recommendation as contained in the inter-com dated August 6, 1984, "- prepared by the Community Development Department, noting that the third set of revised plans indicate a reduction from 18 units to 12 : i units. The Director responded to Council questions. Mayor Kennedy opened the public hearing at 7:19 p.m. ~ames Beauchamp, applicant, spoke in favorof Use Permit 84-8 and provided detail description of revisions made to the plans in an effort to meet Council direction for decreased density. Marshall Anderson, 1362 Olwyn Drive, spoke in opposition to revised plans for Use Permit 84-8 on the basis of increased traffic and invasion of privacy. CITY COUNCIL MINUTES Page 2, 8-6-84 Alice Anderson, 1362 Olwyn Drive, spoke in opposition to Use Permit 84-8 on the basis of additional noise, traffic, and decreased home values. She suggested the apartment expansion be denied, that the owner be encouraged to convert the project to condominiums, and that the greenbeltst~ip b~ rezon~dfrom R-4 to..R-1. Howard Gorman, 1421 Mauna Loa, raised questions pertaining to land ownership (the railroad company may still own greenbel~ strip right-of-way from Red Hill to Newport), and property assessment (tax rolls show two areas of the property are tax exempt). The Community Development Director stated he had reviewed the title report and he was certain it contained Mr. Beauchamp's..C~orporate name, but he did not havea copy of same in the file. Chris Gorman, 1421MaUna Lo~, displayed a drawing of the parcel and identified the area where the railroad company may think they still own a portion of the land. Councilman Saltarelli stated that no development will take place unless the title search is completely in order, and Council should act on the proposal strictly on its merits. Kent Sorey, 1321Mauna Loa, spoke in opposition to Use Permit No. 84-8. John Prescott, 18752 East 17th Street, Santa Ana, explained that the petroleum pipeline which supplies all the petroleum to San Diego, owned by Southern Pacific Pipeline, passes directly through the subject right of way, and he expressed concern that the City be aware of same. Gary Daugherty, project architect, responded that he contacted a representative from Southern~ Pacific Pipeline~in Los Angeles who informed him that no structure could be built over the pipeline, but he could put in paving, parking or landscaping. A map and letter were sent to Southern Pacific Pipeline in compliance with the regulations, and he has not received any correspondence to the contrary. ~ .... l'" Ted Ondracek, 1342 Olwyn Drive, spoke in opposition to Use Permit No. 84-8. There being no further speakers on the matter, the public hearing was closed at 7:50 p.m. Councilman Edgar stated his support of the project as revised. In response to Councilman Saltarelli, the Community Development Director responded that Certificates of Occupancy will not be issued for the new units until existing units are upgraded, and the project as submitted has been calculated to meet condominium standards for open space recreation area, parking, and dwelling unit size. The Community Development Director responded to Mayor Pro Tem Greinke that apparently there is a private rental agreement between the railroad and a neighboring property owner for use of a parcel strip which Mr. Beauchamp was not aware of when he acquired the property,.~and which Mr.,.Beauchamp will have to work out. It was then meved by Greinke, seconded by Edgar, to approve Use Permit No. 84-8 as revised, subject to meeting conditions of title, taxes, and petroleum easement. Councilman Hoesterey stated he is sympathetic with neighbors' con- cerns, their pressure has improved the project, and it does meet City codes, therefore he could support it. Mayor Kennedy requested-that tree landscaping in this project be at a very high density, especially for homes backing up to the two- story structures, and that window screening be requi red and made a permanent part of the structures. The Community Development Direc- CITY COUNCIL MINUTES Page 3, 8-6-84 tor responded that staff will insure the pipeline easement require- ments are satisfied. Mayor Kennedy stated that because of the com- promise exhibited by the applicant, and in spite of great sympathy for area homeowners, the project is a reasonable one and she would support same. The motion carried 4-1, Saltarelli opposed. 81 2. GENERAL PLAN AMENDMENT NO. 84-3B - OPEN SPACE AND CONSERVATION ELE- ~ MENT OF THE TUSTIN AREA GENERAL PLAN The Community Development Director presented the staff report and recommendation as contained in the inter-com dated August 6, 1984, prepared by the Community Development Department. Mayor Kennedy opened the public hearing at 8:00 p.m. There were no speakers on the matter and the public hearing was closed. It was moved by Hoestere~, seconded by Saltarelli, that the public hearing be closed and the element withdrawn until readvertised for hearing at a joint meeting of the Planning Commission and City Council on September 10, 1984, at 7:00 p.m. Motion carried 5-0. 56 3. GENERAL PLAN AMENDMENT NO. 84-3C - RECREATION ELEMENT OF THE TUSTIN AREA GENERAL PLAN The Community Development Di rector presented the staff report and recommendation as contained in the inter-com dated August 6~ 1984, prepared by the Community Development Department. Mayor Kennedy opened the public hearing at 8:02 p.m. There were no speakers on the matte~ and the public hearing was closed. It was moved by Greinke, seconded by Edgar, that the public hearing be closed and the element withdrawn until readvertised for hearing at a joint meeting of the Planning Commission and City Council on September 10, 1984, at 7:00 p.m. Motion carried 5-0. 56 4. GENERAL PLAN AMENDMENT NO. 84-3D - RESOLUTION NO. 84-52 The staff report and recommendation was presented by the Community Development Director as contained in the inter-com dated August 6, 1984, prepared by the Community Development Department. The Direc- tor concurred with Mayor Kennedy that Resolution No. 84-52 be amended to include a Planned Community/Multi-Family designation. The public hearing was opened at 8:05 p.m. Earl Prescott, 215 South Prospect Avenue, spoke in favor of General Plan AmeHament No. 84-3D oh behalf of applicant Emanuel Aftergut. There being no other speakers on the matter, the public hearing was closed. It was then moved by Edgar, seconded by Greinke, to adDpt the following resolution with the amendment to include the Planned Com- munity/Multiple-Family designation: RESOLUTION NO. 84-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO PLANNED COMMUNITY/MULTIPLE-FAMILY RESIDENTIAL FOR THE PROP- ERTY LOCATED AT 1262 BRYAN AVENUE Followin a Council/staff question-and-answer period, the motion carried ~-0. 56 5. ZONE CHANGE NO. 84-3 - ORDINANCE NO. 916 The Community Development Director presented the staff report and recommendation as contained in the inter-com dated August 6, 1984, prepared by the Community Development Department. CITY COUNCIL MINUTES Page 4, 8-6-84 Mayor Kennedy opened the public hearing at 8:10 p.m. Barry Watkins, representing applicant/owner Tustin Properties, spoke in favor of Zone Change No. 84-3. There were no other speakers on the matter and the public hearing was closed at 8:11 p.m. It was then moved by Grei~ke, seconded by Saltarelli, that Ordi- nance No. 916 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 916 by the City Clerk, it was moved by Greinke, seconded by Edgar, that Ordi- nance No. 916 be introduced as follows: ORDINANCE NO. 916 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REZONING THE PROPERTIES ON THE NORTHEAST CORNER OF SEVENTEENTH STREET AND CARROLL WAY (ASSESSORS PARCEL NUMBERS 395-142-05 THROUGH 395-142-09) FROM RETAIL COMMERCIAL (C-1) DIS- TRICT TO COMMERCIAL GENERAL-PLANNED UNIT DEVELOPMENT (CG-PUD) DIS- TRICT The motion carried 5-0. 110 Councilman Edgar noted that at such time as the Seventeenth Street widening project commences, the necessary right-of-way has~ already been dedicated. VI. CONSENT CALENDAR Items I and 5 were removed from the Consent Calendar by Hoesterey, Item 3 by Edgar, and an abstention was registered by Kennedy on Item 13. It was then moved by Edgar, seconded by Saltarelli, to approve the remain- der of the Consent Calendar. Motion carried 5-0. 2. RATIFICATION OF PAYROLL l'in~the amOUnt of $214;:086.82 APPROVAL OF DEMANDS in the amount of $1,287,106.68 50 4. ACCEPTANCE OF PUBLIC IMPROVEMENTS WITHIN TRACT NO. 11564 (EAST SIDE OF HOLT, NORTH OF PLAZA WAY) Accepted all public improvements constructed by the developers of Tract No. 11564 and authorized the release of all pertinent public improvement bonds as recommended by the Director of Public. Works/City Engineer. 99 6. RESOLUTION NO. 84-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION (EMBOSSED CONCRETE MEDIAN PAVING IMPROVEMENTS) Adopted Resolution No. 84-61 and if no claims or stop payment notices are filed, authorized payment of the final 10% reten- tion amount of $7,406.47, thirty days after the date of recordation of the Notice of Completion as recommended by the Director of Public Works/City Engineer. 92 7. JOINT POWERS AGREENENT WITH SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) Authorized the Mayor and City Clerk to execute subject agree- ment between the City of Tustin and the Southern California Association of Governments (SCAG) for one-year membership in the amount of $478.00 as recommended by the Director of Com- munity and Administrative Services.. 45 ' " 84-32 8, RESOLUTION NO, 84-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE PERSONNEL RULES AND REGULATIONS WITH RESPECT TO REJECTION OF PROBATIONARY POLICE OFFICERS :: Adopted Resolution No. 84-59 as recommended by the Director of Public Works/City Engineer. 79 CITY COUNCIL MINUTES Page 5, 8-6-84 9. REQUEST FOR RESTRICTED PARKING DURING STREET SWEEPING OPERATIONS (PASADENA AVENUE AND NISSON ROAD) Authorized installation of signing to restrict on-street park- ing during street sweeping hours, 6:00 a.m. to noon on Monday, on Pasadena Avenue and Nisson Road as recommended by the Direc- tor of Public Works/City Engineer at the following locations: Westerly Side of Pasadena Avenue adjacent to 15641-15657, 15561, 15551, 15501 and 15491; Easterly side of Pasadena Avenue adjacent to 15642,'15622, I5500~i5506; SO~the~lyside'd~ Nisson Road adjacent to 15482; Northerly sideof Nisson Road adjacent to J. B. Utt Park. 75 10. REQUEST FOR TREE REMOVAL - 14581HYANNIS PORT ROAD Authorized the removal of one street tree at 14581Hyannis Port Road per Case I of current City Policy and replace it with one 15 gallon size tree of the type previously utilized on Hyannis Port Road and on the City approved tree list as recommended by the Director of Public Works/City Engineer. 86.1 11. REQUEST FOR TREE REMOVAL - 1891 SANDWOOD PLACE Authorized the removal of three street trees adjacent to 1891 Sandwood Place per case I of the current City Policy and replace them with three 15-gallon size trees of the type pre- viously utilized on Sandwood Place and Cloverdale Drive and on the approved tree list as recommended by the Director of Public Works/City Engineer. 86.1 12, RESOLUTION NO. 84-60 - ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 11649 (1162 SYCAMORE AVENUE) Adopted Resolution No. 84-60 as recommended by the Community Development Department. 99 13. SIGN CODE EXCEPTION - 660 WEST FIRST STREET Approved subject sign code exception with the condition that no ...... other ~igning will be p~rmitted at the subject location as long as the 20 foot sign is in place as recommended by the Community Development Department. (Kennedy abstained.) 93 Consent Calendar Item No. 1 - City Council Minutes - Councilman Hoestorey indicated he removed subject item for abstention. It was then moved by Edgar, seconded by Saltarelli, to approve the following: 1. APPROVAL OF MINUTES - JULY 16, 1984, REGULAR MEETING JULY 30, 1984, ADJOURNED REGULAR MEETING Motion carried 4-0, Hoesterey abstained. Consent Calendar Item No. 3 - Senior Citizen Walking Fitness Course - uouncilman bdgar highlighted the fact that staff has been very innova- tive in contacting people for subject grant. It was then moved by Edgar, seconded by Kennedy, to approve the following: 3. SENIOR CITIZEN WALKING COURSE FITNESS GRANT Authorized the Recreation Superintendent to accept a grant of $2,500 each from Wells Fargo and Western Medical Center for the purchase of a walking course for seniors to be installed at Peppertree Park and appropriated $2,758 from the General Fund for the City's matching contribution as recommended by the Recreation Superintendent. Carried 5-0. 41 RECESS - CLOSED SESSION; RECONVENED At 8:17 p.m. it was moved by Hoesterey, seconded by Greinke, to recess to a Closed Session for discussion of legal matters pertaining to Con- sent Calendar Item No. 5. Carried 5-0. CITY COUNCIL MINUTES Page 6, 8-6-84 The meeting was reconvened at 8:30 p.m. with all members present. For the record, Mayor Kennedy noted with concern that Margaret Byrd and Agnes Bacon were not present in the audience at this evening's meeting. Consent Calendar Item No. 5 - Rejection of Claim No. 84-12 - It was moved by Hoesterey, seconded by Greinke, to approve the following: 5. REJECTION OF CLAIM OF VACLAV BERAN; DATE OF LOSS: 2-20-84; DATE ~" FILED: 5-20-84; CLAIM NO.: 84-12 Rejected subject claim as recommended by the City Attorney. Motion carried 5-0. 40 VII. ORDINANCES FOR INTRODUCTION See Public Hearing No. 5, pages.3-4. VIII. ORDINANCES FOR ADOPTION 1o ZONE CHANGE NO. 84-2 - 1122-1192 LAGUNA ROAD - ORDINANCE NO. 914 The Community Development Director presented the staff report and recommendation as contained in the inter-com dated August 6, 1984, prepared by the Community Development Department. Councilman Greinke declared a conflict of interest and abstained on the matter. Following Council discussion, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 914 be adopted as follows: ORDINANCE-NO. 914 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REZONING CERTAIN PROPERTIES ON LAGUNA ROAD {ASSESSOR PARCEL NUMBERS 401-064-01 AND 401-064-02) FROM THE RETAIL COMMERCIAL (C'1} DISTRICT TO THE COMMERCIAL GENERAL PLANH.ED UNIT DEVELOPMENT (CG-PUD} DISTRICT Mayor Kennedy stated that after studying th~ ~is~Sue and speaking with the developer, and other developers as well, she is convinced there is not much chance of obtaining retail use on subject site and she will support the zone change. However, she will continue to be very alert to keeping retail uses in Tustin. Councilman Saltarelli stated he will reluctantly support the zone change, but if the development is not approved and underway within a reasonable period of time, he will request the City fezone it back to C-1. Mayor Kennedy requested the Community Development Director monitor the project's progress with a tentative timetable for completion within one year. There was some confusion as to the motion on the floor, and the City Clerk clarified that Ordinance No. 914 received second reading by title only at the July 20, 1984, City Council meeting, and the appropriate motion is for adoption of Ordinance No. 914. Roll call vote: AYES: Edgar, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: None ABSTAINED: Greinke 110 IX. OLD BUSINESS None. CITY COUNCIL MINUTES Page 7, 8-6-84 X. NEW BUSINESS 1. APPOINTMENT TO ORANGE COUNTY HEALTH PLANNING COUNCIL - ASSEMBLY OF DELEGATES Following consideration of the inter-com dated August i, 1984, pre- pared by the City Clerk on subject matter, it was moved by Kennedy, seconded by Edgar, to reappoint Phyllis Tuttle, Representative, and Bonnie Gillman, Alternate, to the Orange County Health Planning Council Assembly of Delegates. Motion carried 5-0. 70 Councilman Edgar suggested that City Council request the appointed Representative to report on actions the Health Planning Council has taken. Mayor Kennedy also requested that staff thank Linda Landesman for her interest and forward her application to Council for future consideration. 2. APPOINTMENT OF PLANNING CO!IlISSIONERS Following introductory remarks by Mayor Kennedy on the extraordi- nary group of applicants interviewed by the City Council on July 30, it was moved by Kennedy, seconded by Hoesterey, that the four incumbent Planning Commissioners be reappointed and that John McCarthy be the fifth appointment. Councilmembers echoed Mayor Kennedy's comments on the impressive group of applicants. Councilman Edgar expressed disappointment that persons who applied two years ago for the Planning Commission, ~ but were not appointed, did not reapply. Following Council discussion, Council concurred to direct staff to agendize for the meeting of September 4, 1984, the matter of modifying the Planning Commission ordinance (No. 874) for staggered terms of office. The motion carried 5-0. 80 Mayor Kennedy invited John McCarthy to stand and be recognized, along with three other incumbent Planning Commissioners who were present in the audience. XI. REPORTS 1. PLANNING COMMISSION ACTIONS - JULY 23, 1984 It was moved b Hoesterey, seconded by Edgar, to ratify the July 23, 1984, P~anning Commission Action Agenda. Carried 5-0. 80 2. TILLER DAYS PROGRESS REPORT Following consideration of the inter-com dated July 18, 1984, pre- pared by the Community Services Department on subject item, it was moved by Hoesterey, secOndedby Greinke, to receive and file same. Motion carried 5-0. 34 3. STATUS REPORT CONCERNING STRUCTURAL CRACKS IN CITY PARKING STRUC- TURE RAMP It was moved by Hoesterey, seconded by Edgar, to receive and file the inter-com dated August 6, 1984, prepared by the Community Development Department on subject item. Mayor Kennedy requested that staff prepare a letter from Council to the project engineer responsible for structural design and request an investigation. Mayor Pro Tem Greinke requested that if the matter is not completed within 30 days that it be brought back to Council. The motion carried 5-0. 81 CITY COUNCIL MINUTES Page 8, 8-6-84 4. SATELLITE DISH ANTENNA REGULATIONS Subject i,~ter-com .dated August 6, 1984, prepared by the Community Development Department was received and filed by unanimous informal consent. 81 Mayor Kennedy expressed concern regarding the aesthetics of dish antennas and encouraged Council to remain awa~e of the matter. 5, STATUS REPORT CONCERNING ABANDONMENT OF AT&SF RAILROAD SPUR FROM I-5 TO MOULTON PARKWAY It Was ~oved by Hoes~erey, seconded by Edgar, to receive and file subject inter-com dated August 6. 1984, prepared by the Community Development Department. Mayor Kennedy requested that the City act as coordinator between the Irvine Company and adjoining property owners. so that a situ- ation similar to that at Georgetown Manor Apartments does not reoccur. whereby the abandoned easement was not offered for sale to adjoining property owners. The motion carried 5-0. 85 6. ZONE CONSISTENCY WITH THE GENERAL PLAN LAND USE ELEMENT Following consideration of the inter-com dated August 6, 1984, pre- pared by the Community Development Department, it was moved by. Hoesterey. seconded by Edgar, to direct the Planning Commission to initiate necessary zone changes and/or General Plan amendments for the 16 sites as contained in subject report. with staff to review Sites 14 and 15 for preciseness. The motion carried 5-0. 56 XII. OTHER BUSINESS J 1. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session for discussion of legal and personnel matters. 2. COLUMBUS TUSTIN WATER WELL SITE The Director of Public Works responded to Councilman Edgar's ques- tions on his inter-com dated August 3, 1984, which was distributed to Council this evening, and he provided a tentative timetable for preparation of well design and advertisement for bids. 107 3. LONG-RANGE PLANNING WORKSHOP SET FOR OCTOBER 29 Councilman Edgar stated that much time has elapsed s~nce Council last conducted a long-range planning workshop. He requested that staff presentations be made with specific long-term plans, i.e.. capital improvements, things that are going to be most urgent, and personnel impacts from future City development {expansion of City Hall for required additional staff). It was moved by Edgar. seconded by Hoesterey, to schedule a long- h Monday. October 29. 1984, at 7:00 p.m. range planning works op on Carried 5-0. 38 ---, 4. ILLEGAL ADVERTISING e Councilman Hoesterey requested staff contact a mini-blinds cleaning service regarding its illegal posting of advertisement signs on utility poles and inform them of City sign ordinance regulations and business license practices. 93 5. OLYMPIC TORCH RELAY PROCESSION Mayor Kennedy expressed appreciation to all staff members who par- ticipated in the coordination of the Olympic Torch Relay procession activities and the enthusiasm they displayed. CITY COUNCIL MINUTES Page 9, 8-6-84 6. SAN DIEGO CREEK SEDIMENTATION CONTROL PROGRAN The Public Works Di rector responded to Mayor Kennedy that subject matter will be agendized for appropriate action at the City Council meeting of August 20, 1984. XII. RECESS - REDEVELOPNENT - CLOSED SESSION; ADJOURNMENT At 8:59 p.m., it was moved by Hoesterey, seconded by Edgar, to recess ~ to the Redevelopment Agency, thence to a C S losed ession for discussion of personnel and legal matters; and thence adjourn to the next regular meeting on August 20, 1984, at 7:00 p.m. Carried 5-0. MAYUR VRO IEM