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HomeMy WebLinkAboutMINUTES 07-01-85MINUTES OF A REGULAR MEETING OFT HE CITY COUNCIL OFT HE CITY OF TUSTIN, CALIFORNIA JUNE 17, lg85 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Gretnke at 7:01 p.m. in the City Council Chambers, 300 Centennial Way. Councilman Saltarellt led the Pledge of Allegiance, and the Invocation was given by Councilman Edgar. II. ROLL CALL Counctlpersons Present: Counctlpersons Absent: Others Present: III. PROCU~IATION Frank H. Gretnke, Mayor Donald J. Saltarellt, Mayor Pro Tem Rtchard B. Edgar Ursula E. Kennedy Ronald B. Hoesterey (Arrtved 7:05 p.m.) Wtlltam A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, Ct ty Clerk Donald O. Lamm, Com. Bevelopment Director Charles R. Thayer, Chtef of Poltce Robert 5. Ledendecker, Otr. of Publtc Works Jeff Oavts, Assistant Planner Janet Hester, Administrative Secretary Approximately 15 fn the audience IV. 1. JERRE GLASGOff - GOLDEN TOUCH A#ARD RECIPIENT Mayor Gretnke read and presented a proclamation commending Jerre Glasgow 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 PUBLIC HEARING 1. APPEAL OF USE PERMIT 85-9 - TUSTIN PLAZA (WESTERLY SIDE OF NEWPORT AVENUE BETWEEN EL CAMINO REAL & MAIN STREET) The public hearing was opened by Mayor Greinke 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 tnter-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 Saltarellt 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 Irvine 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 Tusttn. David Netsh 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. Roy 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 (adjacent to E1Camino 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 Saltarellt, 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 1 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- lng, 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 Hoesterey. 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 Saltarellt were the lower building heights and the BO% 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 Grelnke expressed displeasure with the project's architecture and plans, and was in favor of retaining the bike trail. Council- man Hoesterey 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, lg85, and time is very costly. Council debate followed. Mr. Carver and Mr. Netsh 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 Gretnke, seconded by Kennedy, to continue the appeal of Use Permit85-9 to the Ju'ly 1 meeting. In response to Councilman Hoesterey, the Community Development Director stated that Condition No. 1 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. Netsh 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. 1 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 Edgar, to approve Use Permit 85-9 with 80% of the total square footage 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 Gretnke that there is a separate procedure the Redevelopment 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. 8! PUBLIC INPUT 1. EAST TUSTIN DEVELOPMENT Carol Taylor, 13532 Farmington Road, referenced her letter dated June 17, lg85, 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 Tusttn Planned Community/Phase I Residential on July 1, 1985. 81 VI. CONSENT CALENDAR Item 11 was removed from the Consent Calendar by Gretnke 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. Carri~ 5-0. w 0 e APPROVAL OF MINUTES - JUNE 3, 1985 APPROVAL OF DEMANDS IN THE AMOUNT OF $151,118.43 RATIFICATION OF PAYROLL IN THE AMOUNT OF $124,717.52 50 REJECTION OF CLAIM OF ROBERT J. SUllEN; DATE OF LOSS: 12[3/84; DATE FILED WITH CITY: 5/20185; CLAIM NO.: 85-30 Rejected subject claim as recommended by the City Attorney. 40 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- merit notices have been filed against the project within 30 days as recommended by the Engineering Department. (Greinke abstained.) 95 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. 20 RESOLUTION #0. 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. 92 7. LAW ENFORCEMENT MESSAGE SWETCNER 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. 85-5? as recommended by the Community Development Department. 99 9. EAST TUSTIN ASSESSMENT DISl~ICT - AGREEMENT WITH NUDGE ROSE GUTHRIE ALEXANDER & FERDON, BOND COONSEL SERVICES Approved execution of subject agreement as recommended by the City Attorney. 45 85-27 10. AUTHORIZATION TO RETAIN BARTLE ~ELLS ASSOCIATES AS FINANCIAL CON- SULTANT - EAST lllSTIM ASSESSMENT DISTRICT Authorized the retention of Bartle 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 Ite~ #o. 11 - East Tusttn Assessment Dtstrtct No. 85-1: As recommended by the City Manager, it was moved by Edgar~ sec- onded by Kennedy, to continue the following to July 1, 1285: 11. EAST TUSTIN ASSESSMENT DISTRICT NO. 85-1 Approve Wtlldan Associates as the Assessment Engineer for the East Tusttn Assessment District No. 85-1, and authorize the Mayor to execute the subject Professional Services Agreement for said work as recommended by the Director of Public Works/ City Engineer. Motion carried 5-0. VII. ORDINANCES FOR IMI~ODUCTIOM VIII. IX. 45 XI. None. ORDINANCE FOR Al)OPTION 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. 229 by the City Clerk, it was moved by Kenned¥~ seconded by Hoestere¥, that Ordi- nance No. 929 be passed and adopted as follows: OROINANCE 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: NOES: ABSENT: Edgar, Gretnke, Hoesterey, Kennedy, Saltarellt None None 31 OLD BUSINESS None. NEW BUSINESS 1. ASSESSMENT DISTRICT NO. 85-1 IMPROVEMENTS, JAMBOREE ROAD AND LAGUNA ROAO (EL CAMINO REAL) Bids for subject project were received on June 11, 1985, as follows: Suller-Miller Construction Company, Long Beach Grtfftth Company, Santa Ana S. A. Healy Company & Associates, Azusa $1,638,242.26 $1,760,673.15 $1,820,447.70 As recommended in the tnter-com dated June 11, 1985, prepared by the Director of Public Works, it was moved by Saltarellt, seconded by Edgar, to award the contract for Assessment District 85-1 improvements Jamboree Road and Laguna Road (El Camtno Real), to Sully-Miller Construction Company, Long Beach, in the amount of $1,638,242.26. The motion carried 5-0. 25 REPORTS 1. PLANNING CO#MISSION ACTIONS - JUNE 10, 1985 It was moved by Saltarelltp seconded by Hoestere¥, to ratify the entire Planning Commission Action Agenda of June 10, 1985. Carried 5-0. ~l) 2. 'C' STREET NORI~ERLY 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 Works. CITY COUNCIL MINUTES Page 6, 6-17-85 Following a brief question-and-answer period, the motion carried 5-0. " 95 3. EMERGENCY PORCllASE OF GAS MOMITORING EQUIPMENT Following consideration of the inter-com dated June 10, 1985, pre- pared by the Engineering Division, it was moved by Saltarelli, seconded by Edgar, to receive and file same. Carried 5-0, ...... 87 4. LIBRARY PARKING LOT (INFORMRTIOR REPORT) After brief Council/staff discussion, it was moved by Saltarellt, seconded by Edgar, to receive and file the tnter-com dated June 11, lgBS, prepared by the Director of Public Works on subject matter. Motion carried 5-0. 75 XlI. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSIOM 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 SIG#AL AT WAL#UT & CHERRTHOOD 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 NISSOli & REOHILL Councilman Hoesterey congratulated the Public Works Department on the completion of street striping at Ntsson and Redhtll which has relieved the left-turn traffic congestion at subject intersection. g5 4. ORANGE COUMTY TRANSPORTATION COMMISSION Mayor Pro Tem Saltarellt congratulated Councilman Edgar upon his election to the League of Cities' Orange County Transportation Commission. 101 5. REQUEST FOR PROCLARATION Councilwoman Kennedy requested preparation of a proclamation in recognition of Or. Denny's project at 1252 Irvtne Boulevard. 84 6. LEFT-TURM TRAFFIC ROVEMENTS Councilwoman Kennedy relayed complaints regarding protected left- . turn traffic movements at the intersections of Newport and First, Newport and Laguna (El Camtno Real), Walnut and Newport, Prospect and Irvtne, and Bryan and Newport (into Larwtn 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 signalization at the intersection of Sycamore and Newport. 94 7. CORRENDATION TO PLANNING COI~qlSSION CHAIRMAN Mayor Gretnke commended Ron White as Chairman of the Planning Com- mission and his conduct of meetings. XlII. XIV. CITY COUNCIL MINUTES Page 7, 6-17-85 8. BIRTHDAY GREETINGS TO GREINKE FAJMILY 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. RECESS - REDEVELOPMENT; CLOSED SESSION - RECONVENED Mayor Gretnke 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.g(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. ACTIONS FROM CLOSED SESSION 1. APPOZNTHENT 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 B. Sharp. Carried 5-0. 80 2. CITY MANAGER'S ADMINISTRATIVE SECRETARY - SPECIAL SALARY ADJUST- RENT It was moved by Noestere:/~ 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 5-0. ---1 3. CITY OF IRVIME, VILLAGE 14 - WEST PARK PROJECT EIR It was moved by Saltarellt. seconded by Edgar, to authorize the City Attorney to prepare and~ file a lawsuit challenging the City of Irvtne's Environmental Impact Report for the Village 14, West Park Project. Carried 5-0. 36 ADJOURNRENT At 10:15 p.m. Council concurred to adjourn to the next regular meeting on July 1, lg85, at 7:00 p.m. MAYOR CITY CLERK