HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 09-03-85AGEN DA
ACTION AGENDA
TUSTIN PLANNING COI~ISSION
REGULAR ~EETI NG
AUGUST 26, 1985
REPORTS
NO. 1
9-3-85
*AAAA
CALL TO ORDER: 7:30 p.m.
ROLL CALL: Present: Wetl, McCarthy, Baker, Puckett, White
PLEDGE OF ALLEGIANCE/INVOCATION
PRESENTATIONS:
PUBLIC CONCERNS:
None.
CONSENT CALENDAR:
1. Minutes from Planning Commission meeting August 12, 1985.
White moved, Puckett second to approve the Consent Calendar. Motion carHed 5-0.
PUBLIC HEARINGS
2. USE PERMIT 85-21
Applicant: Charles Erickson on behalf of Charlte's Off Road
Location: 15722 Tustin Village Way, Suite A
Request: To install accessory equipment to certain types of motor
vehicles.
Presentation: Jeff Davis, Associate Planner
Chair Well ope~d the public hearing at 7:33 p.m. Charles Ericson, owner, explained
the operation of his business. Commdsston discussion ensued with questions and
answers of applicant and staff.
Puckett moved, White second to approve Use Permit 8S-21 by the adoptlon of Resolution
No. 2264. Wet1 amended item II. B. 4 of the resolution, 'That overnight parking of
off-road vehtcles outside the butldtng is prohibited.' Motion carried 5-0.
Action Agenda
August 26, 1985
page 1~o
Applicant:
Locati on:
Request:
TENTATIVE PARCEL MAP 85-287
Eldon Primrose
Newport Avenue and Bonita Street
To consolidate four parcels into one parcel for the purpose of
developing a retail commercial center.
Presentation: Don Lamm, Director of Community Development
Chair Wetl opened the bearing at 7:45 p.m. Seeing no one wishing to speak she closed
the hearing at 7:46 p.m. Puckett moved, McCarthy second to recommend approval to the
City Council of Tentative Parcel Map #o. 85-287 by the adoption of Resolution No.
2263. Motion carried 5-0.
Applicant:
Location:
Request:
Presentati on:
USE PERMIT 85-19
Milton Polsky and Michael Htrsch on behalf of Robert Elzig
17311 McFadden Avenue
To develop a 3,900 square foot retail commercial center.
Donald D. Lamm, Director of Community Development
Mr. Lam explained that this matter should be re-advertised for the September 9th
meettng because there ts a variance tn the front set back area because of future
street dedication requirement.
Puckett moved, McCarthy second to direct staff to readvertlse for the September 9th
meeting. Motion carrled 5-0.
ADMINISTRATIVE I(AlqlCRS
Old Business
None
New Business
5. School A~reement, East Tusttn Phase I residential
Presentation: Don Lamm, Director of Community Development
Whttemoved, Puckett second to affirm by Minute Order that the proposed agreement
r=-cts the intent of Condition No. 26 of Reso)utton No. 85-68. Motion carried 5-0.
STAFF CONCERNS
6. Report on Council actions August 19, 1985
Presentation: Donald D. Lamm, Director of Community Development
Action Agenda
August 26, 1985
page three
COI~IISSION CONCERNS
Coa,tsstoner White questioned the First Street ,oratortum waiver and when the
Coealsston ~ould revle~ the Santa Fe Land Speclftc Plan. He further expressed
concern wtth the £1Modena Channel and requested staff to Investigate the status and
safety.
Comatsston discussion ensued concerning the Santa Fe Land Spectftc Plan and they
dectded to schedule a workshop on September 9, 1985 at 6:30 p.e.
ADdOURIOqEEI'
Puckett ~oved, Baker second to adjourn to 6:30 p.m. Septeaber 9, 1985 for a workshop
conceretng the Santa Fe Land Spectftc Plan and then convene the regularly scheduled
Planntng Co.misston ,eettng at 7:30 p.e. Septeeber 91~.
AGENDA
TUSTIN PLANNING COMHISSION
REGULAR P[ETING
AUGUST 26, 1985
CALL TO ORDER: 7:30 p.m.
ROLL CALL: Net1, McCarthy, Baker, Puckett, White
PLEDGE OF ALLEG[ANCE/I#VOCATION
PRESENTATIONS:
PUBLIC CONCERNS:
(Limited to 3 minutes per person for items not on the agenda)
IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL
OUT THE CAROS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE
YOUR FULL NAME AND ADDRESS FOR THE RECORD.
CONSENT CALENDAR:
(ALL MA1TERS LISTED UNDER CONSE~F~ CALENDAR ARE CONSIDERED
ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO
SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE
VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR
PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED
FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.)
Minutes from Planning Commission meeting August 12, 1985.
PUBLIC HEARINGS
2. USE PERMIT 85-21
Applicant:
Location:
Request:
Charles Erickson on behalf of Charlie's Off Road
15722 Tustin Village Way, Suite A
To install accessory equipment to certain types of motor
vehicles.
Presentation: Jeff Davis, Associate Planner
Agenda
August 26, [985
page two
3. TENTATZVE PARCEL MAP 85-287
Applicant: Eldon Primrose
Location: Newport Avenue and Bonita Street
Request: To consolidate four parcels into one parcel for the purpose of
developing a retail commercial center.
Presentation: Mary Ann Chamberlain, Associate Planner
4. USE PERMIT 85-19
Applicant: Milton Polsky and Michael Hirsch on behalf of Robert Elzig
Location: 17311 McFadden Avenue
Request: To develop a 3,900 square foot retail commercial center.
Presentation: Mary Ann Chamberlain, Associate Planner
ADMINISTRATIVE NATT£R$
Old Business
None
New Business
5. School A~reement, East Tusttn Phase I residential
Presentation: Ed Knight, Senior Planner
STAFF CO#CER#S
6. Report on Council actions August 19, 1985
Presentation: Donald D. Lamm, Director of Community Development
CO~4ISSIO# CONCERNS
AD&OURNMENT
Adjourn to the next regularlY scheduled Planning Commission meeting.
TUSTI# PLANNING
REGULAR REETI IlG
AUGUST 12, 1985
CALL TO ORDER:
6:30 p.m., City Council Chambers
Workshop: City wide traffic study and Eastern Transportation
Corridor
Present: Planning Commission, staff, Terry Austin from Austin
Foust, and Karen Bue11-Hersh from O.C.
The workshop began with a presentation on the citywide traffic
study by Terry Austin, traffic consultant. Discussion ensued
between the Commissioners and Austin regarding various aspects
of the study. After this discussion, Karen 8uell-Hersh from the
County Envtronmentel Management Agency gave a background and
status report regarding the Eastern Transportation Corridor
study. Commissioners questioned Ms. Buell-Hersh regarding
phasing and completion of the study and discussion of the
recently started Bottleneck study. Staff completed the workshop
with comments regarding the Bottleneck Study.
The workshop was adjourned at 7:33 p.m. and the regular Planning
Commission meeting was convened at 7:35 p.m.
ROLL CALL:
Present: Well, Puckett, Baker, McCarthy, White
PLEDGE OF /d.L£GIANCE/I#¥OCATIO# 7:35 p.m.
PRESENTATIONS:
PUBLZC CONCERNS:
CONSEMT CALENDAR:
1. Minutes from Planning Commission'meeting July 22, 1985
McCarthy moved, Puckett second to approve the Consent Calendar.
~UBLIC HEARINGS
2. TENTATIVE PARCEL MAP 85-270
Applicant: City of Tustin
Location: 300 S. "C" Street
Request:
Presentation:
Motion carried 5-0.
To subdivide a parcel of land to create an approximate 53,550
square foot parcel for a Senior Center.
Mary Ann Chamberlain, Associate Planner
Chairman Well opened the public hearing at 7:37 p.m. Seeing no one wishing to speak
she closed the hearing at 7:38 p.m. Puckett moved, Baker second to recommend
approval of Tentative Parcel Map 85-270 by the adoption of Resolution 2262. Motion
carried 5-0.
Planning Commission
August 12, 1985
page two
Appl t cant:
Locati on:
TENTATIVE PARCEL MAP 85-246
Request:
Presentation:
Chairman Well opened
applicant, requested
acceleration lane on
feet. Seeing no one
p.m.
Carver Development
Parcels bounded by Main Street, Newport Avenue and E1Camlno
Real.
To consolidate 8 parcels into 3 parcels.
Mary Ann Chamberlain, Associate Planner
the public hearing at 7:41 p.m. Start Cole, representing the
relief from condition of approval item II. 1. d. regarding an
Main and Newport and a change in the curb radius to 35 to 45
further wishing to speak, Chair Well closed the hearing at 7:47
Commission discussion ensued with questions and answers of applicant and staff.
McCarthy moved, Puckett second to recommend to the City Council approval of Tentative
Parcel Map 85-246 by the adoption of Resolution 2261 with the suggestion that the
City Council review item II 1. d.; deleted item II g. a - d. Motion carried 4-1,
Well opposed.
~J)MI#ISll~ATIVE RAI-II~RS
Old Business ,.
None
New Business
4. Planning Commission Seminar and Training
Presentation: Ed Knight, Senior Planner
Commission discussion regarding other courses available. They decided to collect
information on other courses before making a decision.
STAFF CON~R#S
5. Report on Council actions August 5, 1985
Presentation: Donald D. Lamm, Director of Community Development
COI~ISSION CONCERNS
Chair Wetl commended Laura Pickup for her work on a home buyer's preference survey.
Commissioner White questioned what tree removals are on the City Council agenda.
AJ)JOUR#MEIIT
White moved, Baker second to adjourn at 8:07 p.m..to their next regularly scheduled
meeting. Motion carried 5-0.
KATHY WEIL, CHAIRMAN
~ONNA ORR_ RECORDING SECRETARY ...................... : .......... : ,. -:. ' .
Report to the
Planning Commission
DATE:
SUBJECT:
APPLICANT:
LOCATION:
ZONING:
ENVlRONHENTAL
STATUS:
REQUEST:
ITEM NO. 2
AUGUST 26, 1985
USE PEPJqIT 85-21
CHARLES ERICKSON ON BEHALF OF CHARLEYS OFF-ROAD CENTER
15722 TUSTIN VILLAGE WAY (FREEWAY COI~qERCE CENTER), SUITE A
C-1, RETAIL COMHERCIAL
CATEGORICALLY EXEHPT (CLASS 1)
AUTHORIZATION TO INSTALL ACCESSORY EQUIPMENT ON OFF-ROAD
VEHICLES, NOT INCLUDING MECHANICAL REPAIR.
RECOI~ENDED ACTION:
It is recommended that Use Permit 85-21 be approved by the adoption of
Resolution 2264.
SUI(MARY:
The subject application is a request for authorization to install accessory
equipment onto various types of off-road vehicles. Pursuant to the C-1 District
regulations, and upon approval of a conditional use permit, the installation of
minor replacement parts and/or accessories may be authorized.
DISCUSSION:
Presently at the subject location, Charleys Off-Road Center {a retail outlet for
off-road accessories) is in operation. To augment the retail business, the
applicant is requesting authorization to install, at the same location, products
sold at the center.
In reviewing the application and analyzing the site, staff has concluded that
the requested use, with appropriate conditions of approval, is compatible with
other uses in the center.
Those conditions of approval are as follows:
1. That the installation of accessories on off-road vehicles such as
lights, tires and other minor accessories only be authorized.
2. 'That mechanical repair and replacement of engine parts is not
permitted.
~ Corn munity Development Depariment
Planning Commission Report
Use Permit 85-21
page two
With these five conditions imposed, staff
85-21 by the adoption of Resolution No. 2264.
3. That service, storage of parts, or work of any kind is not authorized
outside of the building.
4. That parking of off-road vehicles outside of the building is
prohibited.
5. That the installation of additional doors and/or interior modifications
be constructed in accordance with the floor plans submitted with the
subject application.
recommends approval of Use Permit
~)E~atA~fIeS P1 anner
JD:em
Community Development Department
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RESOLUTION NO. 2264
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING USE PERMIT 85-21
GRANTING AUTHORIZATION FOR THE INSTALLATION OF ACCESSORY
EQUIPMENT UPON OFF-ROAD VEHICLES AT CHARLEYS OFF-ROAD CENTER
AT 15722 TUSTIN VILLAGE WAY.
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
Ae
That a proper application, (Use Permit No. 85-21) has been filed
on behalf of Charleys OffrRoad Center, to authorize the
installation of accessory equipment on off-road vehicles.
Ce
That a public hearing was duly called, noticed and held on said
application.
That establishment, maintenance, and operation of the use
applied for will not, under the circumstances of this case,
be detrimental to the health, safety, morals, comfort, or
general welfare of the persons residing or working in the
neighborhood of such proposed use, evidenced by the following
findings:
That installation of accessory equipment and minor
replacement parts upon off-road vehicles is allowed in the
C-1 District subject to a use permit.
2. That the project site is zoned C-1.
That the project is in conformance with the Tustin Area
General Plan.
D. That the establishment, maintenance, and operation of the use
applied for will not be injurious or detrimental to the property
and improvements in the neighborhood of the subject property,
nor to the geheral welfare of the City of Tustin, and should be
granted.
E. Proposed development shall be in accordance with the development
policies adopted by the City Council, Uniform Building Codes as
administered by the Building Official, Fire Code as administered
by the Orange County Fire Marshal. and street improvement
requirements as administered by the City Engineer.
F. The project is categorically exempt (Class 1) from the
requirements of the California Environmental Quality Act.
G. Final development plans shall require the review and approval of
the Community Development Department.
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Resolution No. 2264
page two
II.
The Planning Commission hereby approves Conditional Use Permit No.
85-21 to authorize the installation of accessory equipment upon
off-road vehicles at 15722 Tustin Village Way subject to the
following conditions:
The final site plan shall be standardized and reflect all
appropriate City standard drawing numbers. The developer shall
construct all missing or damaged street.improvements to said
development per the City of Tustin "Minimum Design Standards of
Public Works" and "Street Improvement Standards". This work
shall consist of, but is not limited to, curbs and gutters,
sidewalks, drive apron, and street pavement.
1. That the installation of accessory equipment on off-road
vehicles such as lights, tires and other minor accessories
is authorized.
2. That no mechanical repair or replacement of engine parts
will be allowed.
3.' That no service, storage of parts or work of any kind is
authorized outside the building.
That parking.of off-road vehicles outside the building is
prohibited.
That all roof top equipment must be screened from the
public view.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the day of , 198
RONALD H. WHITE,
Chairman
DONNA ORR,
Recording Secretary
Report to the
Planning Commission
DATE: AUGUST 26, 1985
SUB,1ECT: TENTATIYE PARCEL MAP 85-287
ITEM NO. 3
APPLICANT/
OWNER:
LOCATION:
ZONING:
ELDON PRIMROSE
1219 S. RAIN STREET
SANTA ARA, CA 92702
13882 NEWPORT AVENUE
COI~RCIAL GENERAL
ENY ! ROI~IEFI'AL
STATUS:
Tills PROJECT IS CATEGORXCALLY EXF31PT FROM Tile REQUIRE)lENTS OF TIlE
C.E.Q.A; CLASS 15
REQUEST:
RECO~,IENDED ACTION:
Recommend approvM to the City Council of Tentative Parcel Map No. 85-287 by the
adoption of Resolution No. 2263.
PRO4ECT ANALYSIS:
The applicant is proposing a 7,600 square foot retail shopping center at the
northeasterly corner of Newport and Bonita. The proposed map of .704 acres
consolidates four lots into one lot in order to accommodate the retail center.
The proposed map is in conformance with the Tusttn Area General Plan and the
Zoning Ordinance. The conditions of approval are listed in Resolution No. 2263.
Associate Planner
MAC:do
Community Development Department
T E N TATtVF.
PARCI:'L HAP N O. 85-Z87
IN THE CITY OF' TLTSTII¢.C~OII~IIIT~ OF ORANG£
STATI~ OF
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RESOLUTION NO. 2263
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, RECOMMENDING APPROVAL OF TENTATIVE PARCEL
MAP 85-287 LOCATED AT 13882 NEWPORT AVENUE
The Planning Commission of the city of Tusttn does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
Ae
II.
That Tentative Parcel Map No. 85-287 was submitted to the
Planning Commission pursuant 'to Ordinance 847 by Boyer
Engineering on behalf of £1den & Nedra Primrose for the purpose
of consolidating four (4) lots into one (1) lot for the
properties known as Lots 13, 14, 15 and 16 in Block B of
Martin's Addition as shown on a map recorded in Book 19, Page 79
of Miscellaneous Records of Los Angeles County, California.
B. That said map is in conformance with the Tustin Area General
Plan.
C. That this project is categorically exempt from the requirements
of the California Environmental Quality Act; Class 15.
The Planning Commission hereby recommends to the City Council
approval of Tentative Parcel Map No. 85-287 subject to the following
conditions:
1. Any missing or damaged street improvements within the public
right-of-way of Newport Ave., Bonita St., and the alley adjacent
to the subject development will require either
construction/installation or replacement. These improvements
will include but not be limited to the following:
a. Curb and gutter
b. Driveway apron
c. Sidewalk
d. Street trees
e. Marbelite street lights with underground conduit
f. Domestic water services
g. Sanitary sewer lateral
Payment of Orange County Sanitation District No. 7 sewer
connection fees in the amount of $50.O0/s.f. of building area
will be required at the time a building permit is issued.
Payment of East Orange County Water District fees will be
required at the time a building permit is issued. Contact Earl
Rowenhorst at Tustin Water Service for fee amounts.
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Resolution No. 2263
page two
4. At the time of development of this parcel a grading plan shall
be required for this project with the elevation datum based upon
that of the Orange County Surveyors Office.
5. Modification of the existing alleyway drive, apron to match
proposed development.
PASSED AND ADOPTED at a regular meeting of the Planning Commission, held on
the day of , 1985.
KATHY WEIL, CHAIRMAN
DONNA ORR, RECORDING SECRETARY
Repor to the
Pl nnin Commission
~EM NO 4
DATE:
SUB,]ECT:
APPLICANT:
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
AUGUST 26, 1985
USE PERMIT 85-19
HILTON POLSK¥ AND MICHAEL HIRSCH
289 ARGONNE AVENUE
LONG BEACH, CA 90803
ROBERT.ELZIG
17311 MCFADDEN AVENUE
COPIdERCIAL GENERAL (CG-PUD) PLANNED UNIT DEVELOPMENT
A NEGATIVE DECLARATION HAS BEEN APPLIED FOR TO CONFORM WITH THE
CALIFORNIA EN¥IRON~ENTAL QUALITY ACT.
TO AUTHORIZE THE CONSTRUCTION OF A 39,000 ONE STORY RETAIL
SHOPPING CENTER
RECOI~ENDED*ACTION:
Direct staff to readverttse this project to include a variance request because
of a McFadden Avenue dedication requirement for the September 9 meeting.
Associate Planner
MAC:do
- Report to the
Planning Commission
DATE:
SUB,)ECT:
AUGUST 26, 1985
PHASE I RF. SIDENTIAL ! SCHOOL AUREERE#T
RECOI~IENDATION:
Staff recommends that' the Commission by Minute Order, affirm that the proposed
agreement meets the intent of Condition No. 26 of Resolution No. 85-68.
BACKGROUND:
As a condition of the approval of Tentative Tract No. 12345 for the Phase !
residential project, a report must be presented to the Planntng Commission from
The Irvine.Company and Tustin Unified School District. The report would outline
feasible mitigation measures for overcrowding conditions Caused by the
development of the Phase ! project.
The !rvine Company has been worktng wtth the Tusttn Unifted School Otstrtct to
meet the Intent of thts condition. The result of this co11.aboratton ts an
agreement b~veen the Company and School Dtstrlct to provide fundlng for either
new or rehabilitated facilities to serve the Phase ! project.
DISCUSSION:
The agreement essentially obligates the Tusttn Unified School District to seek
State funding to finance t~mporary classroom facilities at Tustin High School or
the rehabilitation of portions of Lambert School for Tustin High School, and the
rehabilitation of Utt Intermediate School. The School District is not required
to use any other funds (such as General Fund, Building Fund, etc.) to provide
these facilities. The School District is required to supply all necessary
documents and plans to the State to comply with the requirements for potential
funding. The Irvtne Company will cooperate with the School District in
preparing these applications.
In the event the School District is not able to secure State funding in time to
provide the proposed facilities to accommodate the student population from Phase
I, The Irvine Company shall guarantee payment for the improvements. The
obligation for The Irvtne Company shall not exceed a total dollar amount of
$452,000. In the event the School District receives funding at a later date,
the School District is obligated to reimburse The Company for its costs or
payments.
,, Corn reunify l;:)~velopment Department
Planning Comission Report
School
page ~o
The agree~nt as presented provides a vehicle, to fund the needed facilities for
the Phase I project, and both parties agree to 1~ conditions. It is staff's
contention that the enclosed agree~nt nets the intent of Condition No. 26 of
Resolution No. 85-68, which adopted Tentative Tract No. 12345.
Senior Planner
EK:do
Community Development DePartment
IRVII CONE . i'TY
August 19, 1985
Mr. Ed Knight
Senior Planner
Community Development Department
City of Tustin
300 Centennial Way
Tustin, California 92680
Tentative Tract NO. 12345
Phase I Residential
Tustin Unified School District Agreement
Dear Ed:
As you are aware, Condition 26, of our Tentative Tract
No. 12345, required a report be submitted to the Planning
Commission outlining feasible mitigation measures for
documented overcrowding within the Tustin Unified School
District attendance area. This report was to specifically
address overcrowding created by our Phase I Residential
project.
In order to meet the intent of this condition, the Tustin
Unified School District and The Irvine Company have reached
an agreement which provides a facility financing program
for the school needs of the Phase I Residential project.
This agreement was formally approved and adopted by the
Tustin Unified School Board on August 5th. It is attached
for your review.
We believe the submittal of this agreement to the Planning
Commission should fulfill Condition No. 26.
Sincerely,
Michael C. Ellis
Vice President
MCE:bjg
Eric.
CC:
Dr. Maury Ross
Larry Sutherland
Tustin Unified School District
550 Newport Center Drive, P.O, Box I, Newport Beach, California 92658-8904 (714) 720-2000
A Division of The I~ine Company
RECEIVED
i 3 t985
:: · ~ GOV'T RELATIONS
August 13, 1985
Mrs. Coralee Newman
Manager, Government Relations
The Irvine Company
P.O. Box I
Newport Beach, CA 92660-0015
Dear Ms. Newman:
At the meeting of August 5, the Board of Education approved the School
Facilities Mitigation Agreement with The Irvine Company.
Enclosed are two signed Agreements. Please have one executed by the
appropriate official and return to my attention.
Si ncerely,
L. E~.<~ h~er~an~, Jr.
Manager, ,~po rt__ Services
LES/jb
Enclosure
SCHOOL FACILITIES MITIGATION AGREEMENT
This School Facilities Mitigation Agreement '("Agreement") is entered
into as of the 5th day of August, 1985, by and between The Irvine Company,
a Michigan corporation ("Irvine"), and the Tustin Unified School District,
a public unified school district ("TUSD").
RECITALS
A. Irvine has proposed to develop certain property in the East
Tustin Specific Plan area shown on Exhibit "A" attached hereto and within the
jurisdiction of TUSD (the "Development"). The first phase of the Development
is contemplated by Tentative Tract Map 12345 approved by the City of Tustin
July 15, 1985, ("Phase I").
B. Irvine and TUSD desire to (i) provide for necessary school facil-
ities in a timely fashion to meet the demands created by Phase I of the Develop-
ment, (ii) achieve a cost effective program to provide school facilities for
existing and future residents served by TUSD, and (iii) maintain compliance
with the building program of the State of California in terms of architectural
guidelines, cost and student loading factors.
C. Irvine and TUSD desire to create a plan for phasing new school
facilities or reactivation of unused school facilities based on sound demographic
data and projected development phasing.
D. TUSD presently has no funds, revenue sources, or the eligibility
tO obtain such funds under existing state school building programs for the
construction of new schools, rehabilitation and reopening of closed schools,
or for the rental or lease-purchase of portable classrooms to serve the students
to be generated from TIC's proposed development.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and other
valuable consideration, the receipt and sufficiency of which is hereby acknow-
ledged, the parties to this Agreement hereby agree as follows:
1. Agreement to Seek Fundinq.
(a) TUSD agrees to use its best efforts to make application for
and otherwise pursue all available funding from the State of California for
construction of new school facilities or refurbishing of existing school facilities
as necessary to serve the Development, including but not limited to the rehabili-
tation of Utt Intermediate School and the acquisition of temporary classroom
~'facilities as needed for TustJn High School or the rehabilitation of portions
of Lambert School for Tustin High School purposes to serve Phase I of the
Development (the "State Funding"). Irvine agrees that TUSD shall not be required
to use its General Fund, Building Fund or proceeds from the sale or lease of
existing school sites for purposes of providing facilities for Phase I of the
Development.
(b) TUSD agrees to prepare and furnish all demographic and other
data, plans and other materials and to comply with all reasonable requirements
imposed by the potential funding agencies as necessary or desirable in order
to obtain the State Funding. Such data shall include, but not be limited to,
current and projected enrollment data, current and projected district facility
capacities, status reports outlining location and use of all existing school
facilities, fiscal data concerning TUSD's capital outlay and deferred maintenance
programs, and fiscal data on TUSD's lease program.
(c) Irvine agrees to cooperate and work with TUSD in the application
for State Funding. Irvine agrees to, at its cost, retain consultants, includ-
ing architects, with such consultants selected as satisfactory to TUSD, as
necessary to assist the staff of TUSD in the preparation of such data, plans
and materials and in the preparation of applications for State Funding.
Irvine's obligations for architects' fees, under this paragraph, shall not
exceed 15% of the projected cost of construction of the relative improvements.
(d) The architect retained by Irvine with the approval of TUSD shall
prepare plans and specifications for the rehabilitation of Utt Intermediate
School to include all school buildings, playgrounds, irrigation systems, park-
ing lots and other support facilities for the entire school site as listed
on Exhibit "B" attached h~reto. The architect shall further, at the option
of TUSD, prepare plans and specifications for relocatable classrooms for Tustin
High School or rehabilitation of facilities at Lambert School for use by Tustin
High School.
2. Funding by Irvine.
(a) In the event that the district has not qualified for State Fund-
ing or that State Funding has not been made available to TUSD in time to fund
the rehabilitation of Utt Intermediate School as required to accommodate student
population generated from Phase I of the Development, upon not less than thirty
(30) days written notice by TUSD, Irvine shall at its election either (i) agree
to contract for such rehabilitation pursuant to the plans and specifications
prepared under Section l(d) of this Agreement, or (ii) guarantee payment of
the lowest responsible competitive bid obtained by TUSD for the rehabilitation
of Utt Intermediate School pursuant to plans and specifications as prepared
under Section l(d) of this Agreement. In the event that Irvine does not agree
to contract for such rehabilitation, Irvine, upon receipt of bids by TUSD,
will make the payments required for such rehabilitation provided, however,
Irvine's obligation for the cost of such rehabilitation shall not exceed
$452,000. Any cost in excess shall be borne by TUSD. If State Funding becomes
available to and is received by TUSD after Irvine has incurred costs or made
payments for such rehabilitation, which State Funding may legally be used to
reimburse Irvine for any such'costs or payments, TUSD will use the State Fund-
ing to make such reimbursement as is legally permissible.
-2-
(b) In the event that the District has not qualified for State Fund-
ing or that State Funding has not been made available to TUSD in time to fund
additional high school facilities (permanent or temporary) as required to accom-
modate student population generated from Phase I of the Development, TUSD at
its option and upon not less than thirty (30) days written notice to Irvine,
shall elect to accommodate that additional student population either through
rehabilitation of Lambert School pursuant to plans and specifications prepared
by an architect, paid for by Irvine pursuant to Section l(c) of this Agreement
for the rehabilitation work at the Lambert School, or in the alternative, through
use of not more than five (5) portable classrooms to be located at the Tustin
High School at Irvine's cost as provided herein, which portable classrooms
shall be consistent with and equivalent to the quality of the present portable
classrooms of TUSD. If TUSD elects to rehabilitate Lambert School for these
purposes, Irvine shall have the opportunity at its election to contract for
the rehabilitation at its cost pursuant to the plans and specifications therefore,
or to guarantee payment of the lowest reponsible competitive bid obtained by
TUSD for that rehabilitation, as provided in Section 2(a) above. Similarly,
if TUSD elects to accommodate the high school student population generated
from Phase I of the Development, through the use of portable classrooms, Irvine
at its election shall either (i) advance to TUSD the reasonable cost of acquir-
ing or leasing up to five (5) portable classrooms, or (ii) acquire up to five
(5) portable classrooms and lease the same to TUSD at a nominal rental. The
cost to Irvine involved with either the rehabilitation of the Lambert School
or the purchase or lease of the not more than five (5) portable classrooms
shall not exceed the $425,000. Any expenses, other than the costs of architect's
fees, exceeding $425,000 for either the rehabilitation of facilities at Lambert
School or the providing of the portable classrooms shall be borne by TUSD.
If State Funding becomes available to and is received by TUSD after Irvine
has. incurred costs or made payments under this Section 2(b), which State Fund-
ing may legally be used to reimburse Irvine for any such costs or payments,
TUSD will use the State Funding to make such reimbursement as is legally per-
missible.
(c) TUSD and Irvine shall cooperate in creating phasing schedules
to establish when facilities will be needed to serve students generated from
Phase I of the Development.
(d) In the event Irvine is required to expend funds pursuant to
Paragraph 2(a) or 2(b) above, then any excess capacity created at Utt Inter-
mediate School, or at Tustin High School or Lambert School, shall be credited
by TUSD against requirements arising from other parts of the Development.
3. Satisfaction of Requirements.
TUSD agrees that student capacity created by the rehabilitation of
Utt Intermediate School as contemplated by this Agreement satisfies all elemen-
tary and intermediate school facility requirements arising in connection with
Phase I of the Development, and that student capacity created by the addition
of portable classrooms or other facilities at the Lambert School for Tustin
High School as contemplated by this Agreement satisfies all high school facility
-3-
requirements arising in connection with Phase I of the Development. Provided
that Irvine is not in material default in its obligations under this Agreement,
TUSD will support the processing Of all entitlements to develop Phase I and
shall not impose additional facilities requirements in relation thereto.
4. Assessment or Special Tax District Financing.
TUSD agrees that Irvine's obligations under Paragraphs 2(a) and 2(b)
above may be satisfied through formation of and participation in a Mello-Roos
Community Facilities District or assessment district, for undeveloped portions
of the Development, created in whole or in part for those purposes, and TUSD
will cooperate with Irvine in the formation of such a district if Irvine so
elects. To the extent funds are received by TUSD from any such funding vehicles
or from the State Funding which may be applied to the costs of plans, materials
or facilities described in this Agreement, then to the extent legally permissible
the advancement by Irvine of any such costs under Paragraphs l(b) or 2 shall
be deemed a loan by Irvine to such community facilities district or assessment
district and, from such bond proceeds shall be reimbursed for all such advances
and costs.
5. Future Cooperation.
TUSD and Irvine agree to cooperate in developing a
program for the provision of other facilities as needed to serve
the Development, including a diligeqt pursuit of alternative
financial strategies.
6. Miscellaneous Provisions.
(a) This Agreement applies to, inures to the benefit
of, and binds all parties hereto and their successors and assigns.
This Agreement is not intended to benefit nor be enforceable by
any third party.
(b) All notices hereunder shall be deemed to have been
duly given if personally delivered or mailed by registered or
certified mail, with return receipt requested, postage prepaid to
the parties at the following addresses (or at such other addres-
ses as shall be given in writing by any party to the others), and
shall be deemed complete upon the earlier of actual receipt or two
(2) business days after mailing:
To Irvine:
The Irvine Company
550 Newport Center'Drive
P. O. Box I
Newport Beach, CA 92658-8904
Attention: Michael LeBlanc
or Brad Olson
To TUSD:
Tustin Unified School District
300 South "C" Street
Tustin, CA 92680
Attention: Maurice A. Ross, Ed.D.
Superintendent
-4-
(c) This Agreement shall be construed, interpreted and
enforced in accordance with the laws of the State of California.
(d) If either party commences an action against the
other party arising out of or in connection with this Agreement,
the prevailing party shall be entitled to have and recover from
the losing party reasonable attorneys' fees and costs of suit.
(e) Either party hereto may waive any breach of this
Agreement by the other party, but no such waiver shall constitute
a continuing waiver of similar or other breaches. Ail obligations
under this Agreement shall be deemed to be both convenants and
conditions.
(f) All understandings and agreements between the par-
ties respecting the subject matter of this AKreement are merged in
this Agreement, which fully and completely express the agreement
of the parties and supersedes and replaces all prior negotiations
and understandings, written or oral. No change in or addition to
this Agreement or any part hereof shall be valid unless in writing
and signed by Irvine and TUSD.
IN WITNESS WHEREOF, Irvine and TUSD have executed this
Agreement as of the date first above stated.
"Irvine"
The Irvine Company,
a Michigan corporation
By:
Its:
"TUSD"
Tustin Unified School District,
a public unified school district
By:
Its:
Dorothy R~lston
President, Board of Education
By:
Its:
Chris Layton ~ -
Clerk, Board of Education
-5-
REOPENING C.E. UTT SCHOOL FOR [L£HENTARY/INTERMEDIATE (K-B);
COST EST]HATES
Structural Modifications for Kindergarten Use -
install restroom$, etc.
Bell/Alarm/IC/Fire Protection Systems -
repair/replace
$25,000
17,500
Heating/Ventilating Systmms -
repair/improve efficiency
3,500
Electrical Systems - repair
3,500
Hot Water & Plumbing Systems, including P.E. showers-
repai r/restore
18,000
Floor Covering - replace carpeting.and/or tile as needed
60,000
Painting, exterior and interior - all
4O,OOD
Food Services Spaces & EquiDment - restore/replace
Lockers, P.E. and Student - repair/replace
Classrooms: -science, home econmmics, industrial arts,
computer lab, etc. - refurbish
Irrigation System, turf playground - replace/upgrade
Playground: turf, running track, equipment -
renovate/repair/replace
Fencing, including gates - repair/replace/additional (as
required for K-8 school operation)
Paving and ~oncrete: playgrounds, parking lot, walkways,
quad ar~as - repair/replace
6,000
9,500 .,
85,000 "
71,000 .
6,000
75,000
EXHIBIT "B"
Reopening C.E. Utt
Cost Estimates (Cont'd)
Security Intrusion/Detection Alarm System - repair/upgrade _ 2,500
TOTAL $452,500
Note:
Above does not include classrocm furniture and portable equipment, general
cleaning and "move-in" labor costs; nor does it reflect loss of rental
income.
TUSTIN SCHOOL DISTRICT
EXHIBIT A
Repor'~ to the
Plannin~ Commission
ITEM NO. 6
August 26, 1985
SUBJECT: REPORT ON COUNCIL ACTIONS - August 19, 1985
Or~l presentation to be ~ven by Donald D. Lam, Dtrector of Commntty
Deve]opment
do
Attachments: Clty Council Actton Agenda - August 19, 1985
Community Development Departmen~
ACTION AGENDA OF A REGULAR I~q~-TING
OF lliE llJ~IN CIl~ C(MJ#CIL
AUGUST 19, 1985
7:00 P.M.
7:00
ALL PRESENT
PRESENTED TO
GENE SHAW
NONE IV.
REPORT GIVEN V.
BY FRANK
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
II. ROLL ~LL
III. PROCLAMATION
1. DECLARING SEPTEMBER, 1985, "SEAT BELTS WORK MONTH" - AUTOMOBILE CLUB OF
SOUTHERN CALIFORNIA
PUBLIC INPUT
(For City of Tustin Residents and Businesspersons on any matter, and for
Water Service Customers having a concern unresolved by Administrative
procedures.}
ORAL REPORT
1. FRANK ~ITH, EXECUTIVE DIRECTOR, REGARDING ECONOMIC DEVELOPMENT COUNCIL
OF ORANGE COUNTY
VI. PUBLIC HEARINGS
None.
VII.
APPROVED
CONSENT CALENDAR
1. APPROVAL OF MINUTES - JULY 15, 1985, REGULAR MEETING
AUGUST 5, 1985, REGULAR MEETING
APPROVED 2.
ADOPTED 3.
RESOLUTION NO. 85-85
ADOPTED 4.
RESOLUTION NO. 85-86
- qPTEO 5.
~OLUTIOtl NO. 85-87
APPROVAL OF DEMANDS IN THE AMOUNT OF $382,636.29
RATIFICATION OF PAYROLL IN THE AMOUNT OF $123,458.28
RESOLUTION NO. 85-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL
YEAR 1985-86 IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUION OF THE
STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE
Adopt Resolution No. 85-85 as recommended by the Finance Director.
RESOLUTION NO. 85-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FIXING AND DETERMINING THE AMOUNT OF REVENUE
REQUIRED FROM PROPERTY TAXES OF THE CITY OF TUSTIN AND FIXING THE RATE
OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO SERVICE
THE DEBT OF THE GENERAL OBLIGATION BONDS OF THE CITY FOR THE FISCAL YEAR
1985-86.
Adopt Resolution No. 85-86 as recommended by the Finance Director.
RESOLUTION NO. 85-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, AUTHORIZING ACCEPTANCE OF ALL DEEDS OR GRANTS CONVEYING ANY
INTEREST OR RIGHT IN OR EASEMENT UPON REAL ESTATE TO THE CITY OF TUSTIN
FOR PUBLIC PURPOSES; APPOINTING AND AUTHORIZING THE CITY CLERK OF THE
CITY OF TUSTIN TO CONSENT TO SUCH DEEDS OR GRANTS AND TO THE RECORDATION
THEREOF ON BEHALF OF THE CITY
Adopt Resolution No. 85-87 as recommended by the City Attorney.
CITY COUNCIL ACTION AGENDA
PAGE 1 8-19-85
CONTINUED TO 6.
SF. PTEMBER 3RD
ADOPTED 7.
RESOLUTION NO. 85-89
APPROVED STAFF 8.
RECOleqENOATION
APPROVED STAFF 9.
RECOI~EnDATION
APPROVED STAFF 10.
RECOI~EnDATI ON
~OVED STAFF 11.
9NIqEnDATION
RESOLUTION NO. 85-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING TENTATIVE PARCEL MAP 85-246 LOCATED AT THE SOUTH-
WESTERLY CORNER OF MAIN AND NEWPORT SOUTHERLY TO EL CAMINO REAL
Adopt Resolution No. 85-88 as recommended by the Community Develop-
ment Department.
RESOLUTION NO. 85-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING TENTATIVE PARCEL MAP 85-270 LOCATED AT 300 SOUTH "C"
STREET
Adopt Resolution No. 85-89 as recommended by the Community Develop-
ment Department.
REJECTION OF CLAIM - PACIFIC BELL; DATE OF LOSS: 4/16/85; DATE FILED
WITH CITY: 7/9/85; CLAIM NO. 85-33
Reject subject claim as recommended by the City Attorney.
REJECTION OF CLAIM - EMILY FENWICK; DATE OF LOSS: 6/4/85; DATE FILED
WITH CITY: 7/19/85; CLAIM NO. 85-35
Reject subject claim as recommended by the City Attorney.
USE OF SURPLUS CITY PROPERTY - NEWPORT AVENUE AT IRVINE BOULEVARD
Authorize the Mayor to execute the License Agreement between the
City and James Vecchio for the interim use of surplus City property
at the southwesterly corner of Newport Avenue and Irvine Boulevard
for landscaping and maintenance purposes as recommended by the
Director of Public Works.
BUILDING CODE APPEALS BOARD
Adopt Minute Order to establish an Appeals Board to provide for
reasonable interpretation of technical codes, as provided for in the
Uniform Building Code and the Uniform Administrative Code Section
204, as recommended by the Community Development Department.
INTROOUCED
ORDINANCE gO. 941
INTRODUCED
ORDINANCE NO. 942
VIII. ORDINANCES FOR INTRODUCTION
1. ORDINANCE NO. 941 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO COUNCIL
COMPENSATION
M.O. - That Ordinance No. 941 have first reading by title only.
M.O. - That Ordinance No. 941 be introduced.
2. ORDINANCE NO. 942 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, N4ENDING SECTION 1514 OF THE TUSTIN MUNICIPAL CODE, TO INCREASE
COMPENSATION OF THE CITY OF TUSTIN'S PLANNING COMMISSIONERS
M.O. - That Ordinance No. 942 have first reading by title only.
M.O. - That Ordinance No. 942 be introduced.
IX. ORDINANCES FOR ADOPTION
None.
OLD BUSINESS
1. NO PARKING SIGNS FOR STREET SWEEPING ON CALIFORNIA STREET BETWEEN CORLA
,IE lliE NO
PARKING SIGNS AS lliEY AND MEDALLION (Continued from August 5, 1985)
ARE. Recommendation: Pleasure of the City Council.
CITY COUNCIL ACTION AGENDA Page 2
8-19-85
A~ROVED ~F 2.
REQUEST DENIED 3.
AND GO 01Fr FOR BID FOR
DESIGN OF ~ STREET
XI.
APPROVED STAFF 1.
RECOI~INENDATION
CITY ENTRANCE SIGN PROGRAM
Recommendation: Direct staff to seek proposals from sign manufac-
turers for both pole and monument type signs to be used throughout
the community at approved locations.
REQUEST FOR FIRST STREET MORATORIUM WAIVER
Recommendation: Pleasure of the City Council.
NEW BUSINESS
WARNER AVENUE AT AT&SF RAILROAD CROSSING
Recommendation: Adopt Minute Order authorizing the Mayor to execute
Program Supplement No. 5 to Local Agency (Tustin)/State Agreement
No. 07-5271; and authorize supplemental budget appropriation for FY
1985-86 in the amount of $5,150.00 as recommended by the Director of
Public Works.
XII.
RATIFIED
REPORTS
RECEIVED AND FILED 2.
PLANNING COMMISSION ACTIONS - AUGUST 12, 1985
All actions of the Planning Commission are final unless appealed by
the City Council or member of the public.
MONITORING OF TOXIC OR HAZARDOUS MATERIALS
Recommendation: Receive and file.
S,....F TO XIII. OTHER BUSINESS
REPORT ON LIST OF PROPERTIES WITHIN 150 F~. OF NEWPORT AVENUE TI~T ~D BE REZONED CO~gqERCIAL.
STAFF TO OBTAIN 6 INCH EX~NSION FOR MICROPHONES.
GREINKE ASKED STAFF TO SPEED UP ~ CHANGE FOR LAGUNA ROAD.
JAMES ROSENBERG, AI'~ORFIEY, ASKED THE COUNCIL TO CONSIDER AN ORDINANCE RE~DING FORTUNE
TELLING. HE LEFt A COPY OF A SAMPLE ORDINANCE WITH STAFF.
7:59 XIV. ADJOURNMENT
To the next Adjourned Regular Meeting on Tuesday, September 3, 1985.
CITY COUNCIL ACTION AGENDA
PAGE 3 8-19-85
7:59 1.
ALL 2.
PRESENT
APPROVED 3.
ADOPTED
RESOLUTION
NO. RDA 85-10
APPROVED 5.
STAFF
RECOI~ENDATZ ON
ADOPTED
RESOLUTION
NO. RDA 85-11
ACTION AGENOA OF A REGULAR lwEETING OF
THE TUSTIN REDEVELOPMENT AGENCY
AUGUST 19, 1985
7:00 P.M.
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES - AUGUST 5, 1985
ACCEPTANCE OF DEEDS - RESOLUTION NO. RDA 85-10
RESOLUTION NO. RDA 85-10 - RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY AUTHORIZING ACCEPTANCE OF ALL DEEDS OR GRANTS CONVEYING ANY INTEREST OR
RIGHT IN OR EA~SEMENT UPON REAL ESTATE TO THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY FOR PUBLIC PURPOSES; APPOINTING AND AUTHORIZING THE SECRETARY OF THE
TUSTIN COMMUNITY REDEVELOPMENT AGENCY TO CONSENT TO SUCH DEEDS OR GRANTS AND TO
THE RECORDATION THEREOF ON BEHALF OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY.
Recommendation: Adopt Resolution No. RDA 85-10 as recommended by the City
Attorney.
SOUTH NEWPORT - EDINGER CIRCULATION STUDY
(Continued from August 5, 1985)
Recommendation: Authorize staff to solicit proposals for consultant services
for preparation of a precise horizontal and vertical alignment for the exten-
sion of Newport Avenue based upon Alternative 3, inclusive of staff variation;
and approve a budget appropriation in the amount of $40,000.00 as recommended
by the City Engineer.
DESIGN REVIEW - 13882 NEWPORT AVENUE
RESOLUTION NO. RDA 85-11 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DESIGN OF A RETAIL COMMERCIAL
CENTER AT 13882 NEWPORT AVENUE
Recommendation: Adopt Resolution No. RDA 85-11. as recommended by the Community
Development Department.
APPROVED 7. AWARD OF CONTRACT FOR FIRST STREET SPECIFIC PLAN
STAFF RECONqENDATION
Recommendation: 1) Retain The Planning Center, land use consultants, to pre-
pare the First Street Specific Plan and instruct staff to prepare the necessary
agreements; 2) Authorize the Agency Chairman to execute said agreements when
prepared; and 3) Increase the budget appropriation for subject project from
that previously approved in the FY 1985-86 budget of $55,000 to $60,000 as
recommended by the Community Development Department.
8. OTHER BUSINESS
SALTARELLI ASKED BOB LEDENDECKER TO LOOK AT THE "NO PROJECT" ALTERNATIVE IN THE NEWPORT AVENUE
EXTENSION STUDY AS I~E IS CONCERNED ABOUT A LOT MORE TRAFFIC THRT W~)ULD BE FUNNELED INTO THE
-'TE:R OF TOWN.
.~CT~FF TO REPORT
I MONEY HAS
,....J,I'RI CTS.
ON NEW CONSTRUCTION OF RESIDENTIAL PROPERTY IN THE REDEVELOPMENT AREAS AND HOW
BEEN SAVED BECAUSE OF THE PASS THROUGN FUNDS TO THE ORANGE COUNTY SANTITATION
8:07 9. ADJOURNMENT
To the next Adjourned Regular Meeting on Tuesday, September 3, 1985.
REDEVELOPMENT AGENCY ACTION AGENDA Page 1
8-19-85