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HomeMy WebLinkAboutCC 1 MINUTES SP. MTG. 03-29-90MUTES OF A SPECIAL MEETII OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA MARCH 29, 1990 i. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Edgar at 5:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Kelly. II. INVOCATION The Invocation was given by Mayor Edgar. III. ROLL CALL Council Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem John Kelly Earl J. Prescott (Council position vacant) Council Absent: None Others Present: William A. Huston, City Manager Mary E. Wynn, City Clerk Robert Ledendecker, Director of Public Works Daniel Fox, Senior Planner Pablo Rodriguez, Field Services Manager Valerie Whiteman, Chief Deputy City Clerk Approximately 15 in the audience IV. OLD BUSINESS 1. STRUCTURE RELOCATION FROM 640 WEST FIRST STREET TO 405 WEST SIXTH STREET Robert Ledendecker, Director of Public Works, gave a staff report outlining the moving route of the proposed structure. He also identified the trees that would require removal and a general description of the trees along the route that would require trimming. Mayor Pro Tem Kennedy expressed two concerns: attempting to save the structure and attempting to save the trees along the route which were worth, according to the arborist report, approximately $77,000. She requested staff clarify the original agreement made August 28, 1989 with the Melilli Development Company. Daniel Fox, Senior Planner, responded that the David Melilli Company had received approval by the Planning Commission to construct a 7,800 square foot retail center on the property located at 630 and 640 First Street. He explained, as a mitigation measure to offset the potential impact of losing the historic structure in the City, it was conditioned upon the commercial development project that the house would need to be relocated before building permits could be issued for the new commercial center. It was staff's understanding that the Melilli Development Company offered the house to the Thompsons provided they relocate the house. The Public Works Department, along with the Planning Department, had been working with the Thompsons to process the new site plan along with the actual moving process. He explained there was no discussion or anticipation on the actual method of moving the house and what those implications would be. Council/staff discussion followed regarding the original agreement with Melilli Development; conditions of approval; financial responsibility of relocating the house; and the negative declaration. Mayor Edgar explained the Council had received an arborist's report which identified three trees on Sixth Street that had a unique value and potential for their destruction due to pruning or trimming. He stated the potential value impact was $77,987, which did not include vulnerability to property values. CITY COUNCIL MINUTES Page 2, 3-29-90 The following member of the audience addressed the Council regarding: cost responsibility for the tree removals; location of trees on private and/or public right-of-way; moving the house split vs. moving in one piece; his financial commitment to the project; cost increase of splitting the house; and moving adjustment to the south side to minimize trimming of the trees: Jeff Thompson, 405 West Sixth Street, Tustin Council/speaker discussion followed regarding bending the trees vs. trimming; trees located on private property or public right-of-way; the historical value of the house; trimming the trees during the move vs. trimming the trees the day before and City supervision of tree trimming. The following member of the audience addressed the Council regarding devaluation of his property and the ecological importance of the trees: Andy Anderson, 255 West Sixth Street, Tustin Council/speaker discussion followed regarding commitment from Mr. Thompson that no unnecessary tree trimming would occur; temporary street blockage during the move; sufficient lighting - during the trimming; and the possibility of splitting the house for the move. Councilman Kelly stated he was supportive of Mr. Thompson paying for the trees that would have to be immediately removed or replaced and with that commitment, pleaded that residents be neighborly and friendly to maintain the heritage, charm and antiquity of old town Tustin and not force a neighbor into cutting their house in half to save a couple of limbs of an avocado tree. William Huston, City Manager, explained the report from the arborist stated the extent of pruning would give the trees a 50% chance of survival and the impact of less pruning was not known. He expressed support for Councilman Prescott's suggestion of having a tree expert on site. He stated the dilemma for the City was the liability for the trees and possible lawsuits if the trees died. The following member of the audience addressed the Council regarding moving his house from Bryan Avenue to Mountain View Drive. He presented pictures of ,the move and a tree that survived after it was severely cut back to accommodate the move: James W. Shumar, 175 North Mountain View Drive, Tustin Council/speaker discussion followed regarding the types of trees trimmed and/or bent back to allow passage of the.house; the size of Mr. Shumar's house and the arborist report. Mayor Edgar expressed the consensus of the Council was to move the house and save the trees. He stated every inch of limb that could be saved would be significant in terms of the attractiveness and the durability of the trees. It was moved by Edgar, seconded by Prescott, to authorize (1) the moving of, the structure subject to Mr. Thompson having professional people participating in the move that would make the decision to trim the trees to the extent of what only needed to be' cut within an inch to provide clearance for the structure and trimming should not be done until such time the structure was at the site, which would result in minimal trimming impact; (2) that, in addition to City staff, an independent expert would also be present and (3) the tree trimming/removal applied along the entire route except on First Street where the entire f icus tree(s) would have to be removed. Mayor Pro Tem Kennedy expressed concern of too much burden falling on the City and not on the developer. CITY COUNCIL MINUTES Page 3, 3-29-90 The following member of the audience addressed the Council regarding their agreement with Mr. Thompson: David Mellili, President, David Melilli Company Mayor Pro Tem Kennedy requested clarification of who would be responsible for the cost of the tree removal and trimming to facilitate the moving of the structure in one piece. William Huston, City Manager, noted a letter dated March 26, 1990 to Mr. Thompson from staff outlined the costs to the City and those costs would be incurred by Mr. Thompson. Robert Ledendecker noted that the costs would probably decrease with the adjustment in the degree of trimming or removal of the trees. Mayor Edgar acknowledged the fact that not all costs could be precisely identified. He noted the number of hours an individual would work during that evening could not be determined and the figures could increase or decrease depending upon time and other circumstances. Robert Ledendecker requested additional clarification as to whether the conditions applied to all the trees or just the avocado trees and was the condition strictly for Sixth Street or the entire route. He suggested staff, Mr. Thompson and the moving contractor meet to re-evaluate the trees that were previously marked for trimming and/or removal. Mayor Pro Tem Kennedy expressed concern for the property owners that object to the tree trimming. She stated the Thompsons would have to get written permission from the property owners. Robert Ledendecker stated the petition reflected that the property owner of one avocado tree at the corner of "C" and Sixth Streets had signed a petition agreeing to a statement wherein they acknowledged there may be extensive trimming and/or removal. There was one property owner who objected to any trimming and/or removal. Mayor Pro Tem Kennedy identified the problem of property owners being adversely affected and value of their property reduced if the trees were removed. Those property owners may be entitled to compensation for that loss. She also requested the Council meeting be transcribed due to the seriousness of the matter and because the meeting was not televised. The motion carried 4-0. ADJOURNMENT At 6:20 p.m., the meeting was adjourned to the next Regular Meeting on April 2, 1990, at 7:00 p.m. MAYOR CITY CLERK