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HomeMy WebLinkAboutP.C. MINUTES 02-16-82TUSTIN PLANNING AGENCY Minutes of Regular Meeting February 16, 1982 The Planning Agency held a regular meeting Tuesday, February 16, 1982, at 3:00 p.m. in the Council Chambers of the City Hall, 300 Centennial Way, Tustin, California. The meeting was called to order by Chairman Sharp at 3:02 p.m. The Pledge of Allegiance was led by Mrs. Kennedy and the invocation was given by Mr. Edgar. ROLL CALL Present: Sharp, Edgar, Kennedy Absent: Sal tarell i, Hoesterey A1 so present: William Huston, City Manager Michael Brotemarkle, Community Development Director James Rourke, City Attorney Mary Ann Chamberlain, Recording Secretary MINUTES The minutes of the regular meeting held February 1, 1982, were ap- proved as submitted, with Chairman Sharp abstaining. PUBLIC HEARINGS: 1. VARIANCE 82-2 Applicant: Location: Request: Daniel Long 13701Redhill Avenue Vary with zoning ordinance while converting existing house to office. After Mr. Brotemarkle presented the staff report, the Public Hearing was opened at 3:06 p.m. James Kincannon, 13691Redhill, one of the properties mentioned in the staff report as receiving a.vartance for a stmiar request, asked the Agency to impose the same restrictions upon this applicant as were imposed upon him. He wanted the Agency and Applicant to be aware of the difficulties that could arise in meeting the B-2 standards required for a project such as this, but felt since he had met them the present applicant should be required to also. Daniel Long, applicant, stated he agreed with all the conditions set by the Agency except for the 10 foot dedication. He did not feel the Agency should require he remove 3 feet from the front of his building. Mr. Sharp asked if Mr. Long understood the dedication would be required in case of any widening of Redhtll and Mr. Long replied he did. .. Mr. Brotemarkle stated an irrevocable offer of dedication would not require any immediate modification of the structure. The Public Hearing was closed at 3:16 p.m. Mr. Edgar stated he felt the Agency could not justify the requirement of an irrevocable offer of dedication for an existing structure. In the case of a new structure it would be a reasonable request but not to ask the applicant to cut 3 feet off the front of his house. Planning Agency Minutes Page 2 Mr. Edgar moved approval of Variance 82-2, with the deletion of Condition 4, Section II of the proposed Resolution No. 2020 pertaining to the 10 foot dedication. Mr. Sharp seconded the motion. Mrs. Kennedy stated she felt the Agency should not "give away" the dedication. The same requirements should be required of this project as the others. Motion carried: AYES: SHARP, EDGAR NOES: KENNEDY ABSENT: SALTARELLI, HOESTERY 2. ZONE CHANGE 82-1 Applicant: Location: Request: Glenn Riley 13681Redhill To change zone from R-3 (2700) to R-3 (1960) Planning Agency Minutes Page 4 NEW BUSINESS 1. Site Plan Review at 12965 Newport Avenue. Presented for Agency information only. 2. Site Plan Review at 2742 Dow Avenue. Presented for Agency information only. STAFF CONCERNS None AGENCY CONCERNS ADJOURNMENT at 4:04 p.m. to the next regular meeting. Recording Secretary James B. Sharp, C MI~=a-~ OF A ~uAR ~TING OF ~ i~Kv~o~OPME~T .-~.mICX OF · r-~ CIT~ OF T~TIN, C~n?FO~NIA February 16, 1982 '~. C~T-T. ~C) The meeting was called to order by Chairman Sharp at 4:04 p.m. in tb~ City Council Chambers, 300 Centennial Way, Tustin, California. Agency M-mhers Present: Agency ~-mhers Absent: Others Present: Edgar, Kennedy, Sharp Hoesterey, saltarelli James G. Rourke, City Attorney william A. Huston, Exec. Director/City Manager Mary E. Wynn, City clerk Mike Brotemarkle, C,~.-. Dev. Director Bob Ledendecker, Director of Public Works Royleen White, c~unity Services Director Ronald Nault, Finance Director Roy Gonzales, Personnel Director Edward Knight, Associate Planner Eva Solis, Deputy City Clerk Approximately 20 in the audience 3- APP~O~A~ OF It was moved b~ Edgar, seconded by Kennedy, to approve the minutes of the February 1, 1982, reg%%lar meeting. Carried 2-0, Hoesterey and Saltarelli absent, Sharp abstaining. 4. NE~O~ A~ BIKE TRAIL As recommended in the memo dated February 1, 1982, prepared by the Engi- neering Division, it was moved by Edgar, seconded by Kennedy, to adopt the following resolution and assuming no claims or stop payment notices are filed within 30 days of the date of recordation of Notice of Completion, authorize payment of the final 10% retention amount at that time: P~.~OI~IO~ NO. ~)A 82--1 - A Resolution of the Tustin Cc~ununity Redevelop- ment Agency of the City of Tustin ACCEPTING WORKS OF IMP~DVEMENT AND AUTHORIZING RECORDATIO~ OF NOTICE OF COMPLETION (Newport Avenue Bike Trail Berm Curb Replacement - Alfredo's Excavating & Paving Construction) Motion carried 3-0, Hoesterey and Saltarelli absent. 5. ~T.T.~ ~ECO~ST~CTION ~F~W~B- VARIOUS ~ONS Pursuant to the reco~endation contained in the memo dated January 22, 1982, prepared by the Engineering Division, it was moved by Edgar, sec- onded by Kennedy, to adopt the following resolution: RESOL~TI~ NO. ~ 82--2 - A Resolution of the Tustin Community Redevelop- ment Agency of the City of Tustin, California, APPROVING PLANS AND SPECI- FICATIONS FOR ALLEY RECONSTRUCTION IMPROVEMENTS PROJECT I - Alley East of E1 Camino Real Between Main St. & 3rd St. PROJECT II - Tract No. 3994 Alley PROJECT III - E1 Cemino Bank Alley Between 3rd St. & E1 Camino .Beal Carried 3-0, Hoesterey and Saltarelli absent. 95 6. APPBOVAL OF DEMANDS It was moved by Edgar, seconded by Kennedy, to approve General Demands for the month of January, 1982, in the amount of $443,912.60 as recommended by the Director of Finance. Motion carried 3-0, Hoesterey and saltarelli absent. 8~ REDEVELOPMENT AGENCY MINUTES Page 2, 2-16-82 7. PROSPECT A~E STREET ~B0v~--'~-~ As recommended in the memo dated February 4, 1982, prepared by the Direc- tor of P~blic Works, it was moved by Edgar, seconded by Sharp, to direct staff to include within the 1982-83 RDA Capital Improvement Program fund- ing for the s~bject project in the amount of $14,000.00 and direct staff to execute the subject Improvement Agreement. In response to Mrs. Kennedy, the Director of Public Works stated that the City will get a fair return by including the property owner's dedication of the required right-of-way in exchange for the City constructing all required street improvements by saving acquisition costs, appraisal fees, and administrative staf.f costs, aside from the benefits to the City and c _~--~nity. Motion carried 3-0, Hoesterey and Saltarelli absent. 8. SITE P~AN ~w~W- 175 "C' STP~T The Co--unity Development Director presented the staff report. He pointed out that the facility faces the park and has been designed to give it a residential appearance. More importantly, if the proposal is approved, it will inhibit the ability of the Redevelopment Agency or property owners in the area to consolidate lots since it would mandate that the alley access to the rear of this facility be maintained in order to provide perking. The ability to combine either four or six lots (remaining lots to the south) into a single integrated development would be restricted. At the present time the Agency does not have any active program of lot purchase and consolidation for resale to developers. The proposed project conforms with the C2 zoning underlying the Redevelopment District plan. If the Agency determines this development is inappropriate and not in keeping with the Redevelopment area, it should direct staff to work with this property owner and other property owners to attempt to accomplish more comprehensive development in the area. If not, then the Agency should direct staff to work with the property owner for the development as pro- posed. Mr. Edgar stated his opposition to perpetrating the alley. He stated he is in favor of supporting consolidation of adjoining lots for continuity. In terms of architectural style, he does not think it matters so long as it is not stark ultra-modernistic. Mrs. Kennedy concurred, but stated her preference for Victorian or Queen Anne architecture dominating the down- town The Community Development Director stated that he understands the Agency's direction to be to work with the applicant to see if a proposal cannot be expended to include additional property. Secondly, that any development, even if limited to one lot, should not place dependence on utilization of the alley for access and utilization; if a project could be developed on one lot but did not utilize the alley for any of its purposes, it might be permitted, but the primary goal would be to see if consolidation could be generated. 81 9. ~CX C~S None. 10. It was moved by Edgar, seconded by Kennedy, to adjourn at 4:16 p.m. to the next regular meeting on March 1, 1982. Carried 3-0, Hoesterey and Salta- relli absent. MI~=a'~ O~ A REG~LA~ ~ETING OF "--~ T~N CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way Fe~ruar~ 16, 1982 I. CALL TO O~D~R The meeting was called to order by Mayor Sharp at 4:16 p.m. II. ~'?' CALL Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Kennedy, Sharp Hoesterey, Saltarelli James G. Rourke, City Attorney william A. Huston, City Manager Mary E. Wynn, City Clerk Mike Brotemarkle, Co~. Dev. Director Bob Ledendecker, Director of Public Works Roy ~onzales, Personnel Director Royleen White, Community Services Director Ronald Nault, Finance Director Dale Wick, Assistant City Engineer Eva Solis, Deputy City Clerk Approximately 15 in the audience III. P~C Kathy Well, 1702 Sum~erville, representing the Tustin Meadows Com- munity Association, thanked the City and particularly the Director of Public Works for striping the complete circle street as requested by residents during very foggy weather. The street was formerly striped only on the curves. She stated the response by the City was very quick and thanked the Director of Public Works and his staff for their cooperation and helpfulness in not only this project, but in many other projects. 8~ I~. It was moved by Kennedy, seconded by Edgar, to approve the entire Consent Calendar. Mo~ion carried 3-0, Hoesterey and Saltarelli absent. 1. APPBOFAL OF ~F~ES- February 1, 1982. 4e Se A~ OF D~M~DS in the amount of $2,009,684.44. RA~FICA~ OF PA%~O~L in the amount of $98,350.42. 5O ~ri(H~ NO. 82-14- A Resolution of the City Council of the City of Tustin, California, PROVIDING FOR THE CONSOLIDATION OF THE SPECIAL PRIMARX ELECTION WITH THE GENERAL MUNICIPAL ELECTION IN THE 35TH SENATE DISTRICT Adoption of Resolution No. 82-14 as recommended by the City Clerk. 48 HE~O~uT~ NO. 82--15 - A Resolution of the City Council of the City of ~_stin, California, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BER~ URBAN OPEN-SPACE AND RECREATION PROGRAM Adoption of Resolution No. 82-15 as recommended by the Com- 41 munity Services Director. CALT~ANS ~Kv~CE A~4~T- ~KV3~E BOU~EVARD T~AFFIC SISAL aND STREET Authorize the Mayor to execute subject agreement for inspec- tion services on traffic signal controllers and other related traffic signal equipment for the Irvine Boulevard F.A.U. project as recommended by the City Engineer. 45 V. O~DINANCES FOR INTrODUCtiON - None ~I. O~DINANCES POR ~DOPTION - None CITY COUNCIL MINUTES Page 2, 2-16-82 VII. 0~D BUSINESS VIII B~IN~SS G~.-T.~ D~wm~OP~T ~&~x~-~.~ { "C" Street Plaza and Parking Structure ) The City Manager presented the staff report and recommendation. As reco~ended in the report dated February 10, 1982, prepared by the City Manager, it was moved by Edgar, seconded by Sharp, to authorize: 1) The Mayor to execute the final form of the agreements between the City and Gfeller Development Co. for the parking structure and mall and plaza; 2) A loan from the General ~und to the Redevelopment Agency in the amount of $350,000, to be repaid in three years at 12% interest (or whatever higher rate is authorized by State law and subsequently approved by the City Council), said loan to supplement Agency funds allocated for the parking structure; and 3) The Redevelopment Agency to allocate an additional $83,743 frc~ the Agency unrestricted fund balance to supplement the $250,000 currently budgeted for the parking structure and the $350,000 loan. Councilman Edgar noted that although additional funds of $83,743 will be appropriated, the funds in the bank are now drawing interest and acknowledged that perhaps $45,000 to $50,000 could be earned by those funds during the period the City waits to pay off the loan. In response to the Mayor, the Community Development Director stated that it will be less costly to install fire sprinklers than to redesign the subterranean level of the parking struc- ture. He also responded that the City would not need openings on the east side of the parking structure. The ground level is solely for utilization by the Stevens Square facility and the upper deck is for use by the public. To obtain access from the upper deck would be a matter of working with the adjacent prop- erty owner to provide a stairway down to the level. The motion carried 3-0, Hoesterey and Saltarelli absent. 81 In response to Councilman Edgar, the Director of Public Works reported that the two power poles on "C" Street will be removed and utilities installed underground; two new street lights will be installed between "B# and "C# Streets; and the old street light will be removed. Bids for subject service were received as follows: Valley Industrial Services, Inc., Anaheim L & N Uniform Supply, Santa Aha Prudential Overall Supply, Santa Aha $8,944.00 $10,397.40 $11,739.00 Pursuant to the reco~endation contained in the report dated February 2, 1982, prepared by the Director of Public Works, it was moved by Edgar, seconded by Kennedy, to authorize the award of bid to Valley Industrial Services, Inc., Anaheim, in the amount of $8,944.00 per year for furnishing Maintenance Worker uniforms and providing laundry service for said uniforms for a three-year period. Carried 3-0, Hoesterey and Saltarelli absent. 45 2- AWAP~) ~ BID - ~ ~-~D. ~ ~LAN ~0~IFICA~O~ The Director of Public Works reported that subject project was previously awarded to Noveco, Inc. However, the contractor was unable to provide a bonding company which meets City Code requirements within the prescribed ten working days. He con- tinued that the contractor is now able to provide adequate bond- ing and present to speak before the Council. CITY COUNCIL MINUTES Page 3, 2-16-82 A representative of Noveco, Inc., relayed problems encountered by them in obtaining adequate bonding for the contract. He stated t_hey are now able to provide ~he required bonding and requested that they be awarded the bid as it originally was, even though it is now beyond the ten-day limit. The City Attorney recommended that Council recess to Executive Session for discussion of this issue. It was moved by Edgar, seconded by Kennedy, to recess at 4:39 p.m. to an Executive Session for discussion of legal matters.. Carried 3-0, Hoesterey and Saltarelli absent. The Council reconvened at 4:51 p.m. with Hoesterey and Saltarelli absent. As recommended in the repor~ dated February 9, 1982, prepared by the Engineering Division, it was moved by Kennedy, seconded by Edgar, to award the contract for subject project to the second low bidder, Hardy & Harper, Inc., Tustin, in the amount of $14,460.00 and authorize return of the 10% bid bond to Noveco, Inc., Corona. Motion carried 3-0, Hoesterey and Saltarelli absent. 92 The City Manager presented the staff report and recommendation. pursuant to the recommendation contained in the memo dated' Pebr,,~y 10, 1982, prepared by the City Manager, it was moved by Edgar, seconded by Kennedy, to authorize a supplemental appro- priation of $11,000 from the General Fund unrestricted fund balance to supplement funds currently budgeted for Police Department computer programs {software). Motion carried 3-0, Hoesterey and Saltarelli absent. 45 As recom~aended in the report dated February 10, 1982, prepared by the Community Services Director, it was moved by Edgar, sec- onded b~ Kennedy, to authorize staff to execute agreement with Shorco Publishing, Inc., whereby Shorco would accept financial responsibility for design, layout, typesetting, and printing of quarterly brochure in exchange for advertising revenue. Carried 3-0, Hoesterey and Saltarelli absent. 45 NO. 2 The Mayor recognized John Orr, Tustin News reporter, who stated he was unable to find in his "Reporter's Handbook on Media Law" justification for the closed session for New Busines Item No. 2 and requested that justification for the closed session held previously be stated for the record. The City Attorney responded the closed session was to discuss with legal counsel legal matters under the provisions of law that authorize consul- tation with the City's legal counsel by the City. Council in reference to legal matters. As requested by Mr. Orr, the City Attorney indicated he would provide him with a citation of the case law pertinent to the matter. Council concurred with CoUncilwoman Kennedy to share information with Mr. Orr on the matter if possible. 36 X. ~ECESS - It was moved by Edgar, seconded by Kennedy, to recess at 4:55 p.m. to the 7:30 p.m. evening session. Carried 3-0, Hoesterey and Salta- relli absent. CITY COUNCIL MINUTES Page 4, 2-16-82 COUNCIL ~ETING RECi]k~v~ED 7:30 P.m. ~rING TO O~R The meeting was called to order by Mayor Sharp at 7:34 p.m. Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Kennedy, Sharp Hoesterey, Saltarelli James G. Rourke, City Attorney william A. Huston, City Manager Mary E. Wynn, City Clerk Bob Ledendecker, Director of Public works Charles Thayer, Police Chief Approximately 25 in the audience I~ · PUBLIC U~R~RO~ND UTILITX DI~I'RIC~ NO. 6 - ~ ~ ~ XORBA STREET AND ~0~T A~ OI~)INANC~ 1~Oo 868 - An Ordinance of the City Council of the City of Tustin, California, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 6, IRVINE BOULEVARD, AND DECLARING ITS INTENTION TO ORDER THE CONVERSION The Director of Public Works presented the staff report basi- cally as contained in his written report dated February 1982. He also said that there was some concern by residents and businesspersons on E1 Camino Real that the funding wherein $220,000 would be transferred to the Irvine Boulevard project would delay the E1 Camino project. Both projects will be accom- plished as scheduled. The public Hearing was opened at 7:40 p.m. Mary V. Flaherty, 190 E1 Camino Real, and Elmer A. Loy, 13224 Newport, expressed concern that the City was postponing the E1 camino project in favor of the Irvine Boulevard project. They were opposed to using the funds for the E1 Camino project for this project. The Director of Public Works explained that the removal of the telephone lines would be completed the first week in April, the street improvement plans will be advertised in May, and con- struction will start the last week in June or the first week in July. It is anticipated that it will be completed the last week in October. He pointed out that the Irvine Boulevard plans are ready to begin now and the E1 Camino Real plans will be ready in early fall. The E1 Camino Real project will be funded in the 1982-83 budget. The Public Hearing closed at 7:48 p.m. It was moved by Edgar, seconded by Kennedy, that Ordinance No. 868 have first reading by title only. Carried 3-0, Hoesterey and Saltarelli absent. Following reading of the title of Ordi- nance No. 868 by the City Clerk, it was moved by Edgar, sec- onded by Kennedy, that Ordinance No. 868 be introduded. Councilwoman Kennedy wanted assurahce from staff that the E1 Camino Real project would not be delayed because of this trans- fer of funds. The City Manager said that project will be accelerated to the next fiscal year and there is no question but what the funds are there. The Director of Public Works said there would be a meet- ing of the downtown people on February 18 at 5:00 p.m. to review the plans. Once they have been seen and agreed upon, it will come back to Council. Once the conceptual plan has been com- pleted, the final preparation of plans will continue. Motion carried 3-0, Hoesterey and Saltareli absent. 104 CITY COUNCIL MINUTES Page 5, 2-16-82 1. It was moved by Edgar, seconded by Kennedy, to receive and file the report prepared by the C~unity Services Director dated Febr~,~ry 10, 1982. Carried 3-0, Hoesterey and Saltarelli absent. 34 I II o p%m~JC Rod Ortiz, 15851 Pasadena Avenue ~-1, presented a petition which was a declaration of rights du~ to harrassment they have received frown the owner. He read 18 c~plaints listed on the petition. Mayor Sharp suggester Mr. Ortiz give a copy of the petition to the City Manager who would pursue the complaints over which the City would have jurisdiction. Mr. Ortiz said that the owners were given an extension of their Use Permit to October, 1982, and they intend to come before Council to ask for a rent increase for those tenants whose rents were frozen in the condi- tions of the Use Permit. The City Manager said that staff would investigate. 42 It was moved by Kennedy, seconded by Edgar, to approve the settlement of the claim of John Illingsworth in an amount not to exceed $5,000.00, as recommended by the City Attorney. Carried 3-0, Hoesterey and Saltarelli absent. 48 Councilwoman Kennedy reported she received a letter from the Orange County Water District which asked for permission to make a presentation before the Council regarding the referendum on the peripheral canal that will go to the voters in June. Coun- cil concurred that staff should agendize this for a future meet- lng. 107 3. EEP~ES~I'ATI'FE TO ~ 01~NGE C0~NT~ FJgCI~P. COblTI~Q~ DI~r~Q:CT Councilman Edgar brought up that one of the standards that Coun- cil has had is that if those who run in a City election for M~mher of the City Council have been appointed to a particular position by the City Council, they should no longer hold that position. Based on that fact, it was moved by Edgar, seconded by SharD, that Ralph Welsh, Jr. be removed as Tustin's represen- tative to the Orange County Vector Control District and that Ursula E. Kennedy be appointed as his replacement. Councilwoman Kennedy said it was difficult for her to speak on this because Mr. welsh does hold a high position in the State as President. Councilman Sharp said that if we maintain the past policy, it is fair to everyone. He suggested we send a letter. to Mr. Welsh for his service rendered to the City. .. Mo~ion carried 2-0, Kennedy abstaining, Hoesterey and Saltarelli absent. 67 VI. It was moved by Edgar, seconded by Kennedy, to adjourn at 8:13 p.m. to the next regular meeting on March 1, 1982. Carried 3-0, Hoesterey and Saltarelli absent. Ct'FY OF TUSTIN 300 Cant~niml Tustln, Ca. FIRST CLASS MAIL