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HomeMy WebLinkAboutCC MINUTES 1980 12 15 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way December 15, 1980 CALL TO ORDER The meeting was called to order by Mayor Saltarelli at 4:50 p.m. following the regular meeting of the Planning Agency. II. ROLL CALL' Councilpersons Present: Saltarelli, Edgar, Hoesterey, Kennedy, Sharp Councilpersons Absent: None Others Present: James G. Rourke, City Attorney Dan Blankenship, City Administrator Mary E. Wynn, City Clerk Eva A. Solis, Deputy City Clerk Michael Brotemarkle, Community Development Director Roy Gonzales, Personnel Director Royleen White, Community Services Director Ronald Nault, Finance Director Gary Napper, Administrative Assistant Approximately 10 in the audience III. RECESS It was moved by Edgar, seconded by Noesterey, to recess to the Rede- ~= '~!"~" ~l~Pme~t~AgencY meeI~i~.g'~at '4':511~"~.m.~ M~ti6n carriedI'.'5:0-.! MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY December 15, 1980 · rl~'The meeting was called to order by Chairman Saltarelli at 4:51 p.m. 2. Members Present: Saltarelli, Edgar, Hoesterey, Kennedy, Sharp Members Absent: None 3 APPROVAL OF MINUTES - December 1, 1980 It was moved by Sharp., seconded by Kennedy/, to approve the min- utes of the December 1, 1980, meeting. Motion carried 4:0, Hoesterey abstaining. 4. PROJECT I - MEDIAN ISLAND CONSTRUCTION AT MAIN ST. & BRYAN AVE. PROJECT III -- MEWPORT AVENUE LANDSCAPE AND IRRIGATION AS recommended in the memo dated December 9, 1980, prepared by the City Engineer, it was moved by Edgar)Seconded by Kennedy, to authorize: 1) Expenditure of $36,800.00 for the Bryan-Main Island land- scaping and irrigation; and .... !=' .... '2) 'Additional expenditure' 0~ $178~000~60 for the Newport Avenue " =!' II~ndscaping and irrigatioh. ' " Carried 5: 0 · 5. EFFECT OF SB 1972 ON ARTIC XIII B OF THE STATE CONSTITUTION The City Administrator reported that a resolution exempting the Redevelopment Agency tax increments from spending limitations would be prepared for the January 5 meeting, with no action necessary at this time. He further stated that the purpose of this item on the agenda was to serve as advance public notice. CITY COUNCIL MINUTES Page 2, 12-15-80 6. It was moved by Edgar, secondedb~ Hoesterey, to adjourn at 4:57 p.m. to the City Council meeting. Carried 5:0. C~ijp~O~M~'~ co NG SEC MIMUTES OF TUSTIN CITY COUNCIL RECONVENED AT 4:57 P.M. December 15, 1980 IV. PUBLIC CONCERNS None . V. CONSENT CALENDAR 1. APPROVAL OF MlNUTES December 1, 1980 2. APPROVAL OF DEMANDS in the amount of $466,523.29. RATIFICATION OF PAYROLL in the amount of $178,351.31. 3. NEWPORT AVENUE TRAFFIC SIGNAL SYSTEM INTERCONNECT SUPPLEMENTAL .... ~- ~.AGREEMENT NO. 2 !r . ..... ;,:Authorize .the Mayor to execute the Newport Avenue Traffic Signal System Interconnect Supplemental Agreement No. 2 as reco~unended by the City Engineer. 4.-DENIAL OF CLAIM OF CONNIE CUSWORTH, CLAIM NO. 80-27, DATE OF LOSS: 9--5-80 Denial of Claim of Connie Cusworth as recommended by the City Attorney. 5. DENIAL OF CLAIM OF MARY KRISTEN POTTS, CLAIM NO. 80-29, DATE OF LOSS: 9-16-80 Denial of Claim of Mary Kristen Potts as recommended by the City Attorney. 6. DENIAL OF CLAIM OF SAMUEL POTTS, CLAIM NO. 80-28, DATE OF LOSS: 9--16-80 Denial of Claim of Samuel Potts as recommended by the City Attorney .. 7, FISCAL YEAR 1981-82 ARTERIAL HIGHWAY FINANCING PROGRAM SUB- MITTALS RESOLUTION NO. 80--137 - A Resolution of the Council of the City of Tustin REQUESTING THE COUNTY 0F ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF RED HILL AVENUE FROM LANCE DRIVE TO IRVINE BOULEVARD. . RESOLUTION NO. 80-138 - A RESOLUTION OF THE COUNCIL OF THE CITY of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF VALENCIA AVENUE FROM RED HILL AVENUE TO THE NEWPORT FREEWAY. RESOLUTION NO. 80-139 - A Resolution of the Council of the City of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF BRYAN AVENUE FROM 200' EAST OF BROWNING AVENUE TO MYFORD ROAD. Adoption of Resolutions 80-137, 80-138, and 80'1'39 as requested by the Engineering Department- 8. RESOLUTION NO. 80-140 - A ReSOLUTION OF CITY COUNCIL OF THE CITY of Tustin APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE SOLID WASTE MANAGEMENT ACT OF 1980. Adoption Of Resolution No. 80-140 as recommended by the City Engineer · . - CITY COUNCIL MINUTES Page 3, 12-15-80 It was moved by Edgar, secondedby Hoesterey, to approve the Consent Calendar. Carried 5:0. ORDINANCES FOR INTRO- DUCTION None VII. ORDI-- NANCES FOR ADOPTION 1. ORDINANCE NO. 840 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY of Tustin AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN CITY OF TUSTIN AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. (1959 Survivor's Benefits, Urgency Ordinance) It was moved by Sharp, seconded by Kennedy, that Ordinance No. 840 have first reading by title only. Carried 5:0. Following .... . reading of title by the City Clerk, ~it was moved. by Edgar, sec- t= ..... onde~ by Kennedy, that0rdinanee~No. 840 be introduced. Motion carried 5:0. It was then moved by Edgar, seconded by Sharp, that Ordinance No. 840 have second reading by title only. Carried 5:0. Following reading of title by the City Clerk, it was moved by Sharp, seconded by Kennedy, that Ordinance No. 840 be passed and adopted. In response to Councilman Edgar, the City Administrator explained the need for the urgency 9rdinance was due to a con- tractual obligation to implement the plan prior to January 1, 1981, and a delay in paperwork by PERS.I Roll call vote: AYES: Saltarelli, Edgar, Hoesterey, Kennedy, Sharp NOES: None OLD BUSINESS None IX. NEW BUSINESS 1. PYROMUSICAL SHOW FOR 1981 FOURTH OF JULY CELEBRATION As recommended in the memo dated December 9~'1980, prepared by the Community Services Director, it was moved by Edgar, seconded by Kennedy, to: 1) Authorize staff to executeoontract with. PyroSpectaculars for 198~ pyromusical show in amount of $6,650; and 2) Authorize staff to invite Tustin Unified School District to co-sponsor the event. The. Community Services Director responded to Councilman Hoesterey's concern that fiscal year 1979.80 funds might be expanded for next year's fireworks show, reporting that there is no deposit and that payment is not required until ten days after the show. Motion carried 5:0. 2. PRE--ANNEXATION AGREERMENT -VARIANCE 80-19 AND TENTATIVE TRACT 11339 - CONDOMINIUM CONVERSION OF 96 UNITS AT RED HILL AVENUE AND SAN JUAN STREET (ANNEXATION NO. 123) Pursuant to request from Councilmembers Kennedy and Sharp, Coun- cil concurred to continue this item to the evening session. CITY COUNCIL MINUTES Page 4, 12-15-80 3. REQUEST FRDM TUSTIN BOYS' CLUB REGARDING RE-INCLUSION OF PROP- ERTY STRIP IN THEIR LEASE Following Council discussion and response to Council questions by the City Attorney, it was moved by Saltarelli, seconded by Sharp, to table the matter. The City Administrator explained that the lease has two provisions that protect the City, the first being that the Boys' Club cannot use the property for any- thing other than a Boys' Club or related usage; and secondly, they cannot assign nor sublease the property without City '4. -PARKLAND DEDICATION FEES {1370 SAN JUAN - Tract 11282) As recommended in the memo dated December 15, 1.980, prepared by the Community Development Department regarding parkland dedica- tion fees,= it was moved by Kennedy, seconded by Edgar, that: 1) Staff be directed to amend Code Section 9376 and develop a fixed fee mechanism similar to other Orange CountY cities; and 2) Based on previous direction to staff, a fee of $675.00 per . Unit be assessed against' all additional units to be devel- oped on the subject property (1370 San Juan- Tract 11282), - based' on the survey ,by staff ~ . Motion carried 5:0 · 5. DETERMINATION OF APPROPRIATION LIMIT PER ARTICLE XIII B OF THE STATE CONSTITUTION (Gann: Initiative) Discussion followed on the memo dated December 10, 1980, pre- pared by the Finance DireCtor regarding budget limitations for fiscal year 1980-81. The City Administrator explained that no action was required at this time, that this was being presented primarily for Council's review and to serve as advance public notice on a spending limitation resolution to,.be presented:I:a~ the January 5 meeting. OTHER BUSINESS 1. FOR SALE SIGNS ON CARS In response to Councilwoman Kennedy's inquiry, the City Attorney reported that a memo was being prepared regarding the letter to Council pertaining to "for sale" signs on cars parked on the publicx right-of-way. XI. RECESS EXECUTIVE SESSION; EVENING It was moved by Sharp, seconded by Hoesterey, to recess to Executive Session for discussion of legal. matters at 5:13 p.m. Carried 5:0. At 5:20 p.m. the Council~reconvened and immediately recessed to the MEETING OF THE TUSTIN CITY COUNCIL RECONVENED AT 7:34 P.M. December 15, 1980 CaLL TO ORDER The City CoUncil meeting was called to order at 7:34 p.m. by Mayor ,,* _=~,,S~l~arel~i~' ; .... ~,, ,. ~.,~: .... CITY COUNCIL MINUTES Page 5, 12-15-80 ROLL CALLL Councilpersons Present: Saltarelli, Edgar, Hoesterey, Sharp, ' CoUn~ilp~Sons Absent: "Dt~erSP~e~ent: James G. Rourke, C~ty AttOrney Dan' Blankenship, City Administrator Mary E. Wynn, City Clerk Michael Brotemarkle, Community Development Director Ronald Nault, Finance Director Royleen White, Community Services Director "NorwoodWilliams, pOlice Captain Approximately 20 in the audience III. PROCLAMA- TION A proclamation was read and presented to the Mormon Youth Group for their contribution of approximately 250 hours work on City property. N. SLIDE PRESENTA- TION The slide presentation on Santa AnaTransportation Corridor Alterna- tives was postponed to the January 5, 1981, meeting. V. PUBLIC HEARINGS 1. GENEPAL PLAN AMENDMENT 80-2(B) RESOLUTION NO. 80~131 ~A ResOlution of the City Council of the City of Tustin, APPROVING AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN RELATIVE TO THE PARCEL OF LAND EASTERLY OF HOLT AVENUE, NORTHERLy OF PRESENT CITY BOUNDARY TO A POINT 292 FEET SOUTHERLy OF WARREN AVENUE The staff report was given by the Community Development Direc- tor. The Planning Agency approved pre-zoning this property to Tustin Planned Development District (PD-3,000) at its afternoon meeting of this date. The public hearing was opened by Mayor Saltarelli at 8:38 p.m. There being no comments or objections, the public hearing was closed by Mayor Saltarelli, and it was moved by Sharp, seconded by Edgar, to adopt Resolution No. 80-131. Councilwoman Kennedy asked. that staff communicate with the Santiago Municipal AdvisOry Council (SMAC) to advise them of actions being taken close tO their area. Council concurred that there should be some preliminary meetings With ,SMAC where areas of mutualconcern would be identified and reports brought beck to the Council for further direction. Roll call vote: AYES: Saltarelli~ Edgar, Hoesterey, Sharp, Kennedy NOES: None 2. APPEAL OF VARIANCE NO. 80-18 (301 W FIRST Street) ! The"Community Development Director reported that Alan Albright was appealing the Planning Agency's denial of Variance No~ 80~18 to vary with the front and side yard setback requirements in the Commercial General Planned Unit Development Zone. Councilwoman Kennedy asked if it was possible to develop the property according ~tO!our codes. The Community Development Director stated it could be done, but would require removal of the residence. CITY COUNCIL MINUTES Page 6, 12-15-80 The public hearing was opened at 8:43 p.m. Applicant Alan Albright, 1702 Skypark, Irvine, explained he would like to create a development which conforms to the style in Tustin by remodeling the present one-floor structure rather than constructing a large building. Councilman Edgar stated he,-had- given this more thought since voting '~No" at the Planning Agency and would be willing to approve the development if the front setback would be the same as the building across the street at 215 W. First Street. The motion by Kennedy to close the public hearing and deny the appeal of Variance 80-18 died for lack of a second- Mayor Saltarelli closed the public hearing- It was moved by Edgar, seconded by Saltarelli, to approve Vari- ance No. 80-18 subject to the same front setback as the property at 215 W. First Street and the removal of landscaping next to the building to make room for one extra parking space. In answer to questions regarding granting of a variance, the City Attorney responded that it was up to the City Council to determine if there is a~ hardship relative to topography, size, configuration, etc., on the lot. Councilman Edgar stated the ,hardship is the .awkward shape Df the parcel which makes it difficult to develop. Roll call vote: AYES: Saltarelli, Edgar, Hoesterey NOES: Sharp, Kennedy PUBLIC CONCERNS RELANDSCAPING SYCAMORE AVENUE CENTER ISLANDS Kathy Weil, 1702 Summerville, representing the Tustin Meadows Home- owners' Association, reported that the Association is in favor of relandscaping the Sycamore Avenue center island and possibly the East Sycamore island if the trees will be saved, and she suggested that since this project was not included in the ~980-~1 budget that it be budgeted for 1981-82. Mayor Saltarelli stated it might be better to expend the money this year because of the Gann Initiative. Mrs. Well also complimented the City on the new damp truck, particu- larly because it has a tarpaulin over ,the back of it. VI · NEW BUSINESS 2. PRE-ANNEXATION AGREEMENT - VARIANCE ;80-19 & TENTATIVE TRACT 11330 - CONDOMINIUM CONVERSION OF 96 UNITS AT RED HILL AVENUE AND SAN JUAN STREET (Annexation No, 123) The Community Development Director reported that this projeer came before the Planning Agency as a variance consideration, and Tentative Tract ~p for the 96 unit projecn known as ~ancho San Jua~ for a conversion to an affordable housing project. This property is presently in the County but the City is in the pro- cess of annexatzono It is likely that the County would approve this project as submitted, The applicant and the Council desired to have a pre-annexation agreement i~ order for this proposal to be acceptable to beth parties, CITY COUNCIL MINUTES Page 7, 12-15-80 ~ ~ Councilwoman Kennedy expressed'cOncern that the restrictions in ~this agreement be binding on any new owner of the complex; that a certain percentalge oft he rental units be for senior citizens; that relocation rights be available to those who were residents before November 18, 1980, but moved because of the condo conver- sion; and that Item D of Section 7 should read, "that anyone who was not notified in writing and did not Sign a waiver is eligi- ble for relocation expenses." Mayor Saltarelli said that any developer would have to comply with our ordinance for conversions and would have to meet our standards forrelocation benefits. In order to insure the developer follows through with all the promises he made at the Planning Agency meeting regarding affordable housing, rental units for seniors and other desirable promises, it was moved by Kennedy to place 25% of the rental units for senior citizens under the Orange County Housing Authority. The motion died for lack of a second. Mayor Saltarelli remarked that~ we are Considering a statement of intent and a pre-annexation agreement. A specific proposal for development will be considered "at a later date. It was moved by Edgar, seconded by Saltarel]i, to approve the statement of intent and~ th~ pre-annexation agreement recognizing ~thatthe refinement is going' to be'forthComing. Council concurred that staff should furnish Council with a tran- script of the Planning Agency hearing on this proposal. In response to Councilman Hoesterey's question as :to what vari- ances will be granted by this action, the Community Development Director said basically there would be two variances: 1) to permit a parking ratio of 1.75 spaces per unit in lieu of the 2.0 reguired spaces under our PD standards, and2) a waiver of the 50% open space requirement in favor of the open space as it is presently on the property. Councilman Hoesterey stated his position that he was in favor of this project from the standpoint that it provides a new concept for ownership. He has~ always been against granting a variance for condominium conversions because of our high standards, but in this particular case. if we do not go along with this, the developer will convert under the County and then the City would probably annex the property in the future in its converted con- dition. Councilwoman Kennedy commented she would oppose the project because-she =felt a precedent was being set by granting these variances. Motion carried 4:1, Kennedy opposed. VII · OTHER · BUSINESS 1 · AGREEMENT WITH INTER-FAITH COUNCIL Councilman Edgar referred to a letter he had received from Pastor Miller regarding the Inter-Faith Council. The churches many times have transients or people in need who come to them for help. In order to control these requests, he suggested that the churches give the needy people a ticket and direct them to the Police Department who will giVe'them vouchers for food, gas, etc. The Police Department would keep a record of those receiv- ing vouchers and would be able to prevent racketeering. CITY CQUNCIL MINUTES Page ~, .12-15-80 ,-.~- It was moved by Edgar, seconded by Kennedy, to support this con- cept and to direct the Police Department to work with the churches in the co=~nunity to develop a program, subject to the City Attorney!s review and approval, to be brought back to Coun- cil. -.Motion carried 5:0. 2. DISCUSSION OF A FACILITY AT COLUMBUS TUSTIN PARK Councilman Edgar mentioned that Council had received a report . from the Finance Director regarding funds reserved for a Commu- nity Building. He stated that =in speaking with the Finance Director, he was informed that an increment of $89,000 was added to the funds, making a total $660,378. Councilman Edgar pro- .. posed that the Council commit that money to the proper facility at Columbus Tustin Park. The motion b]z Edgar to authorize preliminary discussions leading to hiring an architec't t0 design a facility for Columbus Tustin Park died for lack of a second. A vote was nDt taken on the motion by Edgar ~ seconded b~ Kennedy, to auth6ri~& brei~min~rY discussions regarding a facil- ....... ity at some locatign-: councilman Hoesterey commented ~hat _the City should look into using some of the vacant school buildings in this community- CounCil Concurred that' the Mayor shOUld meet with the Community Services Director regarding the needs of the !community and then report back to the Council. 3 · APPEALS FORM Councilman Edgar was opposed to the Appeals Form that was pre- pared- It should.be a simple, one-page form that would inform . the developer or owner that they can appeal to the Council if . they are unhappy. Council concurred that staff should redraft the form. 4. ALTERNATE REPRESENTAATIVE FOR PADS MEETING Upon Councilman Hoesterey ' s recommendation,= it was moved by Kennedy, seconded b~ Edgar, that Councilman Sharp be appointed as an alternate representative for the December 18 PADS meeting and that Councilwoman Kennedy be appointed as an alternate beg_inning in January, 1981. Motion carried 5:0. 5. CONGRATULATIONS AND THANKS Mayor ~ Saltarelli congratulated the Councilmembers for their efforts on assignments .with the various departments. On behalf x .... Of ~the. City council, he th.anked ..the.citY Attorney, City Adminis- " trator, Department Heads and employees of the City for their fine job during 1980 and wished all a Happy New Year. VII. ADJOURN- MENT The Mayor adjourned the meeting at 8:43 p.m. to an adjourned regular meeting on December 29, 1980 at 5:30 p.m. in the council chambers, and thence to the next regular meeting on January 5, 1981.