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HomeMy WebLinkAboutMINUTES 08-17-81MINOTES OF A ~f~JuAR OF '-~ TOSTIN CITY COONCIL COUNCIL CHAMBERS 300 Centennial Way August 17, 1981 The meeting was called to order by Mayor Pro Tempore Hoesterey at 5:02 p.m. II. ~ (~T~. Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Hoesterey, Kennedy, Saltarelli Sharp James G. R~urke, City Attorney Charles Thayer, Interim City Manager Mary E. Wynn, City Clerk Mike Brotemarkle, Com~. Dev. Director Dale Wick, Assistant City Engineer Roy Gonzales, Personnel Director Ronald Nault, Finance Director Royleen White, Co~m~unity Services Director Approximately 10 in the audience AG~)A O~DER ~Io O~D ~INES8 4. As requested by Mr. Foster and recommended by the City Attorney, this matter was considered at this time. The City Attorney pre- sented the staff report and recom~endation. It was moved by Saltarelli, seconded by Edgar, to approve the agreement between Walter Foster Art Books, City of Tustin, and Boys' Club of Tustin, and authorize Mayor and Clerk to execute same. Leonard Kroko, unincorporated area resident, spoke in opposition to the agreement, referring to his letter dated July 10, 1981, stating that he has not yet received a response. Councilman Saltarelli responded to some of Mr. Kroko's comments. Councilwoman Kennedy reminded Council that at the July 20 meet- ing she had requested and understood that a written response from the City Attorney would be made to Mr. Kroko, but the Min- utes reflected that Councilman Edgar indicated he would follow- up on the matter and report to Council. The City Attorney stated he did not understand he had been directed to prepare a written response, but he did have a lengthy telephone conversa- tion with Mr. Kroko several months ago in which all points raised in subject letter were addressed. Following further discussion, opposed, Sharp absent. III. POR~JC CO~!:K~S None the motion carried 3-1, Kennedy 45 85 Item I was removed from the Consent Calendar by Hoesterey. It was then moved by Saltarelli, seconded by Edgar, to approve the remain- der of the Consent Calendar. Carried 4-0, Sharp absent. 2. APPEAL OF D~$ in the amount of $269,018.87. RA~IFICATION OF PAI~0~ in the amount of $188,084.99. 5O D~TAT. OF ~ OF du,-T~ K. G]~/~Fldl DAT~ OF LOSS: 6-10-81, CLA.T.~NOo 81-22 Deny claim of Julia K. Griffin as recommended by the City Attorney. 40 .u~/J)I~G OFFICIAL AS$IGN~NT Assign Mike Brotemarkle, Community Development Director, as Building Official until further notice as recommended by Interim City Manager. 30 ~11~ ~ ~fl~r hv ~vor Shard at 8:43 P.M. CITY COUNCIL MINUTES Page 2, 8-17-81 P~S0~TION 1~O. 81-95 - A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CITY OF TUSTIN FISCAL YEAR 1981-82 STREET MAINTENANCE PROGRAM AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adopt Resolution No. 81-95 as reconunended by the Engineering Department. ( Budgeted Item) 95 ~SOL~TION I~O. 81-96 - A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CITY OF TUSTIN FISCAL YEAR 1981-82 SLURRY SEAL PROGRAM AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adopt Resolution No. 81-96 as reco~nended by the Engineering Department. (Budgeted Item) 95 ~OIar£10~ NO. 81-97 - A Resolution of the City Council of the City of Tustin, California, SUPPORTING THE CONCEPTUAL PLAN FOR BOLSA CHICA ADOPTED BY THE ORANGE COUNTY BOARD OF SUPERVISORS Adopt Resolution No. 81-97 as recon=aended by Mayor Sharp. 67 TRACT 10979 (Stevens Square) - PUBLIC I]~I~OVE~NT (Developer expense) Authorize the following as recon~nended by the City Engineer: a. Construction of a five-foot (5') wide sidewalk along the M~in Street frontage of Tract 10979; b. Decorative paving at the "B" and "C" Street curb returns consisting of real brick or concrete-type pavers; and c. Brick paving within the parkway area at the entrance of the old Stevens house on Main Street. 99 E~"~SION OF T~TAT~¥S TI~ACT MAP NO. 10875 (15851 Pasadena, Tustin Arms II) Grant extension of Tentative Tract Map No. 10875 from October 6, 1981 to October 6, 1982 as recommended by the Community Development Department. 99 It was then moved by Edgar, seconded by Saltarelli, to approve the following Consent Calendar item; 1. APPI~O~AL OF Mi~uT~ - August 3, 1981. Carried 3-0, Kennedy abstained, Sharp absent. V o ORDINANCES FOR I~'&'~OD~CTIO~ - None CITY COUNCIL MINUTES Page 4, 8-17-81 The City has not taken advantage of some funds that could have been applied to public works projects or been part of the various housing programs. General Fund monies or RDA funds were used for the extension of Sixth Street for which a proposal could have been made to the County that a portion be funded by HCDA rather than City General Funds. -The question is not whether the City is a participant, because it is, but whether or not we want to seek funds for projects that would benefit the City and its residents. The City Attorney concurred with Mr. Brotemarkle's report. There are legal requirements, and they are many and varied. Federal regulations are very extensive, and a project could be stopped or a claim made after the fact to recover part of the funds from the City. The second problem that can develop, whether you are in the program or not, is pressure to approve a project that cannot stand on its own merits. On the other hand, there are lawsuits where cities are being sued because they are not participating at all and people are alleging that by not participating the city is denying them of certain rights. He thought these problems are more theoretical than likely prac- CITY COUNCIL MINUTES Page 5, 8-17-81 His concern which has been answered to his satisfaction is not whether or not the program itself will be financially advanta- geous, but whether we would have to change our way of doing business in terms of housing and housing assistance programs. He is prepared to vote for this tonight, and then if in the future we are told we must have a housing assistance program, he is ready to reverse his vote. The motion failed 2-3, Saltarelli, Hoesterey and Sharp opposed. 81 2. ZO~ECNANGE 81-5 (14351 Red Hill Avenue) O~DI~%NC~ ~O. 858 - An Ordinance of the City Council of the City of Tustin, REZONING PROPERTY ON ZONE CHANGE APPLICATION 81-5 AT 14351 RED HILL AVENUE Councilman Saltarelli abstained from participation on this matter due to real estate involvement on the property. The Public Hearing was opened at 9:24 p.m. There being no comments or objections, the Public Hearing was closed and it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 858 have first reading by title only. Carried 4-0, Saltarelli abstained. Following the reading of the title by the City Clerk, it was moved by Edgar, seconded by Hoesterey, to introduce Ordinance No. 858. Carried 4-0, Saltarelli abstained. 110 It was moved by Edgar, seconded by Hoesterey, to convene the joint meeting with the Redevelopment Agency at 9:26 p.m. Carried 5-0. JOINT ~ETING OF ~ O0~NCIL AND ~E~ELOP~ENT AGENC~ ~O~ NO. 81-94 - A Joint Resolution of the Redevelopment Agency and City Council of the City of Tustin, RECOMMENDING AMENDING THE FINANCIAL PLAN FOR THE TOWN CENTER AREA REDEVELOP- MENT PROJECT O~DINANCENO. 855 - An Ordinance of the City Council of the City of Tustin, California, AMENDING THE FINANCIAL LIMITATIONS OF THE REDEVELOPMENT PLAN FOR THE TOWN CENTER AREA REDEVELOPMENT PROJECT R. Kenneth Fleagle, Consultant, reported that the only addi- tional information to the written staff report was that there has been a lot of impact from citizens by way of calls, letters and inquiries. When it was explained that there was no increase in taxes or change in the area, they were happy that it was being proposed. He did not receive any correspondence frem the County or the School District. The Public Hearing was opened at 9:30 p.m. There being no comments or objections, it was moved by Edgar, seconded by Saltarelli, to adopt Resolution No. 81-94. Carried 5-0. It was moved by Edgar, seconded by Kennedy, that Ordinance No. 855 have first reading by title only. Carried 5-0. Following the reading of the title of Ordinance No. 855 by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 855 be introduced. Carried 5-0. 81 It was moved by Edgar, seconded by Hoesterey, to adjourn the joint meeting and reconvene as the City Council at 9:32 p.m. Carried 5-0. CITY COUNCIL MINUTES Page 6, 8-17-81 V. BUSINESS VI. NEW B~SINESS 4e CIT~ ~NCIL ~TING 9:32 P.No ~D~ST FOR ~IAN ISI~%~D ~ODIFICATION ON 1Kqim~ BO~LEg'A~D (Unbudgeted Item - Funds from Surplus Construction Funds) It was moved by Edgar, seconded by Saltarelli, to appropriate the amount of $15,500 of general fund monies for the modifica- tion of median islands on Irvine Boulevard at the intersections of Mountain View and "A" Streets. Carried 5-0. 92 CITX~.~N ~P~TATIFE - AESTHETIC ~ P~0G~AM I-5 i~'r~CHANGE It was moved by Edgar, seconded by Hoesterey, to appoint Frank Greinke as Tustin's citizen representative to the Caltrans Aesthetic Review Board. Carried 5-0. 28 Mayor Sharp requested that staff inform Mr. Greinke of Council's interest in being kept up-to-date on the Board's actions. ~CA~0~E AFENUE P~D~W£K&AN C~0SSING AT '-'~ AT&SF P~a~.~AD James F. Smith, 14702 Alder Lane, President of Peppertree Home- owners' Association and representing Mr. Speicher, said that the recom~endations of staff have taken care of two or three of the complaints but not the unsightliness of the pedestrian cros- sing. He asked that shrubbery be planted in that area. Interim City Manager Thayer responded that if oleanders or simi- lar shrubbery were planted, it would be dangerous for Police Officers to come upon a shaded area, and any shrubbery would be to our detriment. It was moved by Saltarelli, seconded by Edgar, that the City request the aid of the special agents of the A.T. & S.F. Rail- road to help decrease the vandalism within the railroad right- of-way and for the City to continue a routine weed abatement program in this area but to forego the landscaping. Councilpersons Kennedy and Hoestsrey requested that staff con- tinue to monitor this situation. Motion carried 5-0. 101 WALTER FOSTER A~ BO0~S/CIT~ OF T~TI~1/~O~S' CF~B OF T~STIN Action on this item was taken at the afternoon meeting and is recorded on Page 1 of these Minutes. ~. B~H~£A~BX LANDSCAPING (Unbudgeted) Councilman Edgar suggested landscaping about one-third of the area proposed in the staff report. Co%mcilman Saltarelli did not feel the cost was justified at this time and was in favor of just keeping the weeds cut. It was moved by Saltarelli, seconded by Hoesterey, to delay any action on this item until such time as the Master Plan for Columbus Tustin Park has been completed and approved. The Community Services Director reported that the Master Plan for Columbus Tustin Park would be ready about May, 1982 and in the budget for FY 1982-83. Councilman Edgar withdrew his suggestion because the chain link fence encroaches on City property. 4e CITY COUNCIL MINUTES Page 7, 8-17-81 Councilwoman Kennedy requested the motion include that this area be considered in the early part of planned development for the park · Councilman Saltarelli responded that it would depend on what the Master Plan shows for the area. Royleen White, Community Services Director, explained citizens would be working with staff on the Master Plan and it would be more appropriate to make a recommendation at that time. George Banks, Beneta Way, asked if the City was discarding the old Col,~,hus T~stin Park plan. Ms. White responded that it was not a Master Plan but a schematic plan. Mr. Banks said residents were pleased with improvements thus far and were looking forward to further changes and that many residents would be willing to serve on the Master Plan committee. Councilman Edgar stated he would support the motion but would like to confirm with the City Engineer how much the fence encroaches on City property. The motion carried 5-0. 92 S.B. 821 BIC~.~r~£al F&~.VTIES ~u~ A~,-~CATI~ POR F~ 1981-82 ~T-T.mCATIO~' It was moved by Saltarelli, seconded by Hoesterey, to approve the construction of the handicapped ramps as proposed, authoriz- ing the City Engineer as the designated contact person and authorizing submittal of the application for all funds available to the City of Tustin for Fiscal Year 1981-82. Carried 5-0. A~I~)OF BID FORuaa.~a~zALPARKSID~I~RUva~PHASEII (Budgeted Item) Bids for the project were opened on August 6, 1981 at 9:00 a.m. and were received as follows: Contractor Bid Amount Changing Times Enterprises Inc., Buena Park J. Kovac, Huntington Beach Porter Construction Co., Inc., Santa Ana Nobest Incorporated, Westminster B-1 Enterprise Corporation, Rancho Cucamonga Granstrom Construction Inc., Gardena Fleming Engineering Inc., Buena Park Industrial Fence & Supply Inc., Long Beach EGN Construction Inc., Baldwin Park BJ Construction Co., Monterey Park L~z Pina General Engineering, Los Alamitos Dyno Construction Inc., San Dimas J. T. Garza Construction Inc., Paramount $33,532.28 34,847.73 36,782.63 38,197.06 40,304.51 40,522.00 41,232.90 41,445.92 41,698.00 43,787.33 44,525.21 55,773.20 77,576.00 It was moved by Saltarelli, seconded by Hoesterey, to award the contract for subject project to Changing Times Enterprises Inc., Buena Park, in the amount of $33,532.28. Carried 5-0. ADJO~M~T OF CIT~ COUNCIL ~ IN N~0RX OF It was moved by Saltarelli, seconded by Hoesterey, to adopt the procedures for adjourning Council meetings in memory of someone deceased as contained in the staff report from the City Clerk, dated August 6, 1981, and direct the City Clerk to have the "Official Adjournment" forms printed on parchment paper. Motion carried 5-0. 84 CITY COUNCIL MINUTES Page 8, 8-17-81 50 P~UEST FOR PA~KING P~OHIBITION ON VAND~E~ LANE It was moved by Kennedy, seconded by Edgar, to authorize the prohibition of on-street parking along the southerly side of Vandenberg Lane between Yorba St. and Prospect Ave. during the hours of street sweeping (6~00 a.m. to Noon) on Tuesdays. Councilman Edgar requested information on prohibiting parking on both sides of the street. A written report on this will be pre- pared for the next meeting. Motion carried 5-0. 75 Ag~%~D OF BID - ~TILIT~ TR~TOR LAW ~0~ (Financed through Equipment Fund) One bid was received from Foothill Garden Equipment, Inc. in the amount of $7,615.94 for a John Deere 2 cylinder diesel tractor equipped with a model 160 72" rotary mower. An informal quote was received from McCoy Ford Tractor in the amount of $8,000 to $10,000. This price quote was for a comparable unit, although a larger tractor than what is needed. It is a foreign made unit and is a four-wheel vehicle which is not necessary for our type of operation. It was moved by Edgar, seconded by Hoesterey, to award the bid in the amount of $7,615.94 to Foothill Garden Equipment, Inc., Orange, for a John Deere 2 cylinder diesel tractor equipped with a model 160 72" rotary mower. Carried 5-0. 87 7. IN~ESTIGA~ON FOR 4-~A~ STOP AT S~CA~)~ & CA, FAX AV~N~ES VII. B~SINESS 1. It was moved by Hoesterey, seconded by Saltarelli, that stop controls on Sycamore Avenue not be installed because the inter- section of Sycamore Avenue and Carfax Avenue does not meet the standard warrants for 4-way stop installations; the intersection be studied for school crossing guard type of control hopefully before school starts; and to look into directing traffic to Service Rd. instead of Sycamore Avenue. Councilwoman Kennedy was in favor of looking into red curbing on Sycamore and Carfax. The motion carried 5-0. ~_~]TION NO. 81-98 - A Resolution of the City Council of the City of Tustin, 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 1981-82 It was moved by Edgar, seconded by Kennedy, to adopt Resolution No. 81-98. Carried 5-0. 97 FOR EXECUTIVE SESSION Interim City Manager Thayer asked for a short executive session for personnel matters following the meeting. Council concurred. 2. ~ATIONS Councilman Saltarelli complimented the Community Services Direc- tor for an excellent first year and the Police Department for running so smoothly and its handling of the acid spill. Me com- mented that Acting Police Chief Lowenberg and Captain Williams were doing a good job. CITY COUNCIL MINUTES Page 9, 8-17-81 Councilman Edgar agreed and further stated he was impressed by the candid deficiencies contained in the acid spill report. We rarely have the opportunity for a full scale test. He requested that Captain William- prepare a report in an objective fashion on what we did right and what we did wrong and perhaps send it to Santa Ana to show our learning experience. He stated that at the League of Cities meeting, it was reported that we are getting closer and closer to a major earthquake in this area and he urged that we make an analysis of the deficiencies of the Fricker Company and give them a short time to comply with recommendations. Mr. Thayer responded that we are doing just that · Councilwoman Kennedy was in favor of trying to recapture costs from the Fricker Company. The City Attorney stated that Fricker's insurance company has agreed to take care of the clean-up costs, but we should wait until an investigation can be made about recovering Police and Fire costs as this would be the same as charging a person whose house burns down. Councilman Hoesterey echoed the feelings of Mr. Saltarelli and said he would be looking for requests from Captain Williams for multi-mobile phones in some of the Police units. Councilman Edgar also complimented Ron Nault on the professional report on the Water Department and said that it addresses all the concerns that he had. 2. T~XIC ~£s STATIONS Councilwoman Kennedy urged that we lobby to the Board of Supervisors against putting a Toxic Waste Station in Tustin before it goes any further. Mayor Sharp reported that there is a study for the whole County and that group met about three weeks ago for the first time and all they have talked about is how to contract with a consultant. He said he would keep the Council advised on this matter. VIII · It was moved by Hoesterey, seconded by Kennedy, to adjourn at 10:33 p.m. to an Executive session for personnel matters and thence to the next regular meeting on September 8, 1981 (Tuesday). OF T~E ~u~OPM~T THE CIT~ OF T~STIN, C~T.?FO~/A August 17, 1981 1. eaT.?. TO The meeting was called to order by Chairman Pro Tempore Hoesterey at 3:47 p.m. in the City Council Chambers, 300 Centennial Way, Tustin, California. 2 · ~C~T.T. I~AT.T. Agency Members Present: Agency M~mhers Absent: Others Present: Edgar, Hoesterey, Kennedy, Saltarelli Sharp James G. Rourke, City Attorney Charles Thayer, Interim City Manager Mary E. Wynn, City Clerk Mike Brotemarkle, Co~. Dev. Director Dale Wick, Assistant City Engineer Roy Gonzales, Personnel Director Ronald Nault, Finance Director Royleen white, Com~unity Services Director Nancy Miller, Administrative Aide Approximately 15 in the audience 3. APP~O~A~ OF ~mu'r~ - August 3, 1981. It was moved by Edgar, seconded by Saltarelli, to approve the minutes of the August 3, 1981, meeting. Carried 3-0, Kennedy abstained, Sharp absent. The Come, unity Development Director provided the staff report and recomen- dations, and reported that on August 11 a meeting was held with several businesspersons of the immediate area (Messrs. Lindquist, Gailbreth, John and Tom Prescott, Sy Nozick, Walt Fredrickson, and Margaret Porringer) along with representatives from Tustin News and Gfeller Development Com- pany to discuss the proposed plaza improvements on "C# Street, where it was the consensus that the perking structure development is a forward- moving project. One businessman did state concerns re closing off the block as it will deter large trucks from using the route into the indus- trial area. In response to Mrs. Kennedy, the Community Development Direc- tor reported that only those property owners adjacent to the project area ("C" Street from' Main to Sixth) which will be directly affected were invited to the meeting. Walter Flaherty, 190 E1 Camino Real, stated his objections to the proposed project and closure of "C" Street. The Con~nunity Development Director responded to Mr. Flaherty's request for information on the cost of the project. Bill Moses, Editor of Tustin News, spoke in opposition to the closure of "C" Street. He requested a traffic count on "C" Street, but the Interim City Manager indicated that with the absence of the City Engineer, the information was not available. Howard Jamieson, Sr. Minister of Tustin Presbyterian Church, expressed concerns on the closure of "C" Street as it would affect the traffic flow on Main Street at the intersections of "B" and "C" Streets. Doug Gfeller, Gfeller Development Company, responded to comments made by speakers in opposition to the project and/or closure of "C" Street. He apologized for the appearance of the construction site and indicated that the only modifications being made to the Stevens House are to remove any remodeling and restore it to original design. The plans for "C" Street actually call for realignment and still provide for public ingress/egress, but those wanting to travel on a through route would probably utilize another street. The traffic count information has been quoted previously by staff with extensive discussions on the amount of traffic. In par- ticular, through concern over traffic on Main and "C" Streets, the realignment of "C" Street and a joint parking structure were suggested by REDEVELOPMENT AGENCY MINUTES Page 2, 8-17-81 City staff. Mr. Gfeller stated that his office has never received any inq%%iries or requests, other than favorable, for plans or information from persons with concerns on the matter. Mr. Gfeller continued that it has been his experience that where a devel- opment provides joint benefits to the public and private sector, there is frequently a sharing of cost. The City's contribution was arrived at on the basis that if "C" Street were not realigned, there would ultimately be a need for a traffic signal on "C" and Main which would cost the City approximately $50,000. Through the redesign of "C" Street, City staff felt the need for a signal would not materialize and, therefore, could contribute that amount to the redesign effort. The project will provide an opportunity for extra parking and a plaza in that location for weekend and after-hour usage with absolutely no conflict. A question-and-answer/discussion period followed regarding traffic move- ment, notification to and participation of area merchants, historical background of the project, and availability of information to the public. Ginny Flaherty inquired on the availability of funds for redevelopment at the entrance into downtown on North E1 Camino Real. Councilman Edgar assured Ms. Flaherty that redevelopment funding would be available for other downtown areas, although the projects may not be identical since the needs will differ. It was then moved by Edgar, seconded by Kennedy, to continue the matter to the next meeting, with an invitation extended to area residents/merchants to attend an open workshop on the matter. Mr. Gfeller suggested that staff prepare a written report to Council in response to any questions raised at subject workshop, and relayed problems he is facing with delays on the project. The Interim City Manager sug- gested that staff could notify all those persons within the old town proj- ect area; that questions would be taken from the tapes on specific questions/comments with staff response prepared for the workshop; that said workshop be held the first week in September to allow two weeks to prepare the information and notice the workshop prior to the September 8 Council meeting. Mr. Saltarelli stated he was agreeable to the continuance but nothing beyond the three weeks, and Mr. Gfeller concurred. Motion carried 4-0, Sharp absent. 81 As suggested by Mr. Gfeller, and with the City Attorney's concurrence, it was moved by Edgar, seconded by Saltarelli, to direct staff to prepare proper notice of intention to vacate with clarification that the matter is only under consideration at this point and that the matter will come up for a hearing before the City Council at the earliest meeting legally pos- sible to make a determination of the street vacation. Following Council/staff discussion regarding the street vacation legal process, motion carried 4-0, Sharp absent. ~05 Council concurred to schedule the workshop to be held Monday, August 3~, 1981, at 7:30 p.m., in the City Council Chambers. 8~ It was moved by Edgar, seconded by Kenne~, to adjou~ at 5:01 p.m. to the evening joint public hearing, thence to a 7~30 p.m. workshop to be held on Au~st 31, 198~, in the Council Chars, and thence to the next re~lar meeting on Tuesday, September 8, ~981. Carried 4-0, Sharp absent. ~CO~ING ~CRE~Y TUSTIN PLANNING AGENCY Minutes of Regular Meeting August 17, 1981 The Planning Agency held a regular meeting Monday, August 17, 1981, at 3:00 p.m., in the Council Chambers of the City Hall, 300 Centennial Way, Tustin, California. The meeting was called to order ~ Chaiman Pro Tem Hoester~ at 3:06 p.m. The Pledge of Allegiance was led by Mrs. Kennedy and the invocation was given by Mr. Edgar. ROLL CALL Present: Edgar, Hoesterey, Kennedy, Saltarelli (arrived at (3:30 p.m.) Absent: Sharp Also present: Michael Brotemarkle, Community Dev. Director Charles Thayer, City Manager (Interim) James Rourke, City Attorney Alan Warren, Senior Planner Ma~ Ann Chamberlain, Associate Planner, Recording Secretary MINUTES The minutes of the regular meeting held August 3, 1981 were approved as submitted. PUBLIC HEARINGS 1. USE PERMIT 81-6 Applicant: Location: Request: Walter Foster 560 W. 6th St. Va~ with front yard setback; site plan approval. Mr. Warren presented the staff report and stated that the owner is requesting a front setback of 19 feet in lieu of the code requirement of 25 feet. The public hearing was opened at 3:07 p.m. Seeing and hearing no one the hearing was closed. Mrs. Kennedy questioned the legality of granting this variance. Mr. Warren replied that the requested setback is the same as the remaining properties in the neighborhood. Mrs. Kennedy commented that this proposal is a very dense development and to grant this variance would be a special privilege to the developer. A motion by Kennedy to deny this variance died for lack of a second. Moved by Edgar, seconded by Hoesterey to approve Variance 81-6 by the adoption of Resolution No. 1997. Motion carried 2 - 1: AYES: Hoesterey, Edgar NOES: Kennedy ABSENT: Saltarelli, Sharp Planning Agency Minutes August 17, 1981 Page Two PUBLIC CONCERNS: Leslie Walters, resident of Tustin Arms II complained of mosquitos behind the apartment complex at 15851 Pasadena Avenue. Staff will direct the complaint to the Vector Control District. John Rugh of 14691 Plaza Drive, explained how he and his wife were evacuated from their residence during the chemical spill at Fricker Fertilizer Co. on Newport Avenue. Anita Austin, 13351 Nixon Circle, informed the Agency that she has ideas about the future planning of Tustin and would like to see more places where people can gather and also restoring some of the older homes. The Agency directed her to contact the Community Development Staff. NEW BUSINESS 1. Extension of Use Permit 80-10 Applicant: Acacia Construction Location: 15851 Pasadena Avenue Moved by Saltarelli, seconded by Kennedy to extend Use Permit 80-10 until October of 1982. Motion carried 4 - O: AYES: Edgar, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: Sharp Leslie Walters, 15851 Pasadena, Tustin Arms II, questioned if the extension of time is permitted for the conversion, could the rents still be fixed? Mr. Brotemarkle stated that since the money market is bad at this time, and hopefully it will be better by October of 1982, they will proceed with the conversion next year. However, all conditions of approval would remain the same including relocation and rent benefits. STAFF CONCERNS - None AGENCY CONCERNS - None ADJOURNMENT The meeting was adjourned at 3:47 p.m. to the 7:30 p.m. hearing. 7:30 P.M. MEETING The meeting was called to order at 7:37 p.m. by Chairman Sharp. Present: Chairman Sharp, Hoesterey, Kennedy, Saltarelli, Edgar (arrived at 7:43 p.m.) Planning Agency Nlnutes August 17, 1981 Page Three CONTINUED PUBLIC HEARING 1. Applicant: Location: Request: Six Star Cablevision 1302 Service Road To install a 60 foot antenna and earth station discs and a 10 x 20 foot equipment building. Moved by Hoesterey, seconded by Kennedy that the hearing be reopened. Mr. Saltarelli questioned if the Board of Education had approved this property transaction with Six Star. Mr. Brotemarkle explained that Lawrence Sutherland had signed for the permission of the property owner for the public hearing but the Board would not take up the matter until the City had approved the proposal. Mr. Rourke, City Attorney, commented that it could be handled either way because the property transaction had not been completed. Perhaps it would be more appropriate to hear the public comments and make a final decision when the property owner (School Board) forms an agreement with Six Star. Chairman Sharp opened the public hearing. Martin O'Malley, 14681Charloma Drive, spoke against the project. A discussion followed regarding the signatures on the application for public hearing which had been submitted by Six Star. Bob Patty, Six Star Cablevision, 205 W. First Street, informed the Council that he had canvassed the neighbors in the Carfax area and revealed the results of his study. The biggest concern was appearance and Mr. Patty showed how they would improve the site. Mr. Patty also showed a slide presentaion of what the site looks like at present and how they intend to improve it. In response to a Council question regarding the height of the antenna, Mr. Patty answered that the 60 feet was needed in order to connect to the LaHabra site and to the Baldwin Hills Computer Center. Mr. Patty further informed that they are still looking at other sites and do not have a sealed agreement. Mr. Jim Quinn, Charloma Drive, spoke against this proposal stating that it would have negative impact on their property values and might be an attractive nuisance. The public hearing was closed at 8:49 p.m. After some discussion pertaining to the location of the site it was moved by Saltarelli, seconded by Kennedy to deny this appl icati on. Motion carried 5 - 0 : AYES: NOES: ABSENT: Sharp, Hoesterey, Kennedy, Edgar, Saltarelli None None ADJOURNMENT The meeting was adjourned at 8:43 p.m. to the next regular meeting on September 8, lg81. Recording Secretary