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HomeMy WebLinkAboutMINUTES 02-04-80CALL TO ORDER II. ROLL CALL III. PUBLIC HEARINGS IV. RECESS MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way February 4, 1980 The meeting was called to order by Mayor Schuster at 4:29 P.M. Present: Councilpersons: Schuster, Saltarelli, Sharp, Kennedy, Welsh Absent: Councilpersons: None Others Present: James G. Rourke, City Attorney Dan Blankenship, City Administrator Mike Brotemarkle, Community Development Director Ruth C. Poe, City Clerk Mary E. Wynn, Chief Deputy City Clerk Gary Napper, Administrative Assistant Mike Taft, Personnel Director Ed Bushong, Finance Director Don Bier~ Parks and Recreation Director Charles Thayer, Police Chief R. Kenneth Fleagle, Consultant Approximately 8 in the audience None Council recessed to the Redevelopment Agency meeting at 4:30 P.M. CONSENT CALENDAR MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY February 4, 1980 1. The meeting was called to order by Chairman Saltarelli at 4:30 P.M. 2. Present: Me.~bers: Saltarelli, Sharp, Kennedy, Welsh Absent: None 3. APPROVAL OF MINUTES of January 21, 1980 meeting. It was moved by Welsh, seconded by Sharp, that the minutes of the January 21, 1980 meeting be approved. Carried 4-0. 4. It was moved by Kennedy, seconded by Welsh, to adjourn at 4:31 P.M. to the next regular meeting on February 19, 1980. Carried. RECC~]~ING SEC~TARY MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 4:31 P.M. February 4, 1980 1. APPROVAL OF MINUTES - January 21, 1980. 2. APPROVAL OF DEMANDS in the amount of $536,046.50. RATIFICATION OF PAYROLL in the amount of $70,534.97. 3. RESOLUTION NO. 80-10 A Resolution of the City Council of the City of Tustin, RECOMMENDING APPROVAL OF TENTATIVE TRACT MAP NO. 10979 (228 W. Main Street) Adoption of Resolution No. 80-10 as recommended by Community Development Department. III. ORDINANCES FOR ADOPTION IV. OLD BUSINESS Vo NEW BUSINESS COUNCIL MINUTES Page 3, 2-4-80 4. ORDINANCE NO. 822 An Ordinance of the City Council of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE BY THE ADDITION OF SECTION 9274, APARTMENT CONVERSION STANDARDS, TO PART 7, GENERAL REGULATIONS OF CHAPTER 2, ZONING It was moved by Saltarelli, seconded by Kennedy, that Ordinance No. 822 have first reading by title only. Carried 5-0. Following the reading of the title of Ordinance No. 822 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Kennedy, seconded by Saltarelli, that Ordinance No. 822 be introduced. Carried 5-0. None None 1. PERSONNEL VACANCIES It was moved by Saltarelli, seconded by Kennedy, to authorize the filling of the personnel vacancies of 1 Police Officer, 1 Records Clerk, and 1 Maintenance Worker I. Carried 5-0. 2. REQUEST TO FILL AUTHORIZED VACANCY AND FOR ADDITIONAL MAINTENANCE PERSONNEL It was 1. 2. 3. 4. 5. 6. 7. moved by Saltarelli, seconded by Kennedy, to authorize the following: Fill the authorized vacancy of Custodian position. Restrict hours of usage of Community Building from 2:00 A.M., or sometimes later, to no later than 1:00 A.M. Transfer all facility supervision during rental hours to the Custodian staff. Schedule periodic open dates for non-routine building maintenance such as carpet cleaning, painting, etc. Re-evaluation of breakage and clean-up deposits. Retention of clean-up deposits a minimum of one week or until released by Custodial staff. One (1) additional position of Maintenance'Worker I (and back-up Bus Driver) for the Maintenance Department and that recruitment and hiring procedures commence as soon as feasible. Carried 5-0. 3. PROPOSED LAGUNA ROAD NAME CHANGE It was moved by Salta~elli, seconded by Kennedy, to authorize the distri- bution of all affected individuals of a questionnaire pertaining to the Laguna Road name change, the results of which will be tabulated and a report and recommendation presented to the Council within two months. Carried 5-0. 4. WORKERS COMPENSATION - SUBROGATION It was moved by Welsh, seconded by Sharp, to authorize settlement of not less than $12,946.20 for the incident in 1977 with a City fire truck and a private auto. Carried 5-0. 5. SUPPORT OF LOCAL PERS OFFICE IN ORANGE COUNTY It was moved by Welsh, seconded by Saltarelli, to authorize the Mayor to sign the submitted letter to Senator John V. Briggs, urging his support and endorsement of the establishment of a local PERS office in Orange County at that time when the Orange County PERS budget is under discussion by the Senate Finance Committee. Carried 5-0. COUNCIL MINUTES Page 5, 2-4-80 VIII. ADJOURNmeNT ACCIDENTS AT EL CAMINO AND MAIN STREET Councilman Welsh noted that there had been several accidents at E1 Camino and Main Street and asked if the five second delay system could be put into the equipment at that intersection. Bob Ledendecker, City Engineer, responded that we could build this into the new equipment that would be received in a week to ten days. ~-~rREPORTS Councilman Welsh acknowledged receipt of an excellent~m~f~report from the Police Chief and asked to receive reports from other departments. ANNEXATION NO. 97 (Main Street and Newport Freeway) Councilman Welsh stated that he had received correspondence from the Briarcliff. Condominium owners and the St. Jeanne de Lestonnac School regarding whether they had been annexed to the City or not. He asked staff to communicate with Ralph Clark to resolve the tax distribution required by Assembly Bill 8. Council concurred. CROSSING GUARD AT SYCAMORE STREET ACROSS FROM CURRY SCHOOL Councilwoman Kennedy asked staff to study the possibility of having a Crossing Guard on Sycamore Avenue across from Curry School. Bob Ledendecker, City Engineer, responded that this was County area and we could make a recommendation to the County Traffic Commission. Mrs. Kennedy also asked about the pay for the Crossing Guards as she felt it was a hard job that many times required standing in the rain. Dan Blankenship, City Administrator, responded that last year the pay was raised from $2.90 an hour to $4.00 an hour. ODORS IN THE INDUSTRIAL AREA Councilwoman Kennedy reported that she had received a complaint about 9:30 P.M. from a chemist who said there was a terrific hydro carbon odor coming from the industrial area and his wife had become ill with a headache and he had gotten woozy. Mrs. Kennedy had gone to the industrial area and there were 3 cars at Dynachem and there was some odor. That was the only place that she detected any odor. RETIREMENT POLICY It was moved by Saltarelli, seconded by Kennedy, to approve the request of the City Clerk's office for financial assistance for the Retirement Dinner of Ruth Poe and Florence Kortmeyer except for the cost of the gifts and to also approve the policy for retirements recommended by Dan Blankenship, City Administrator, in his memo of January 29, 1980. Carried 5-0. It was moved by Welsh, seconded by Saltarelli, to adjourn at 5:50 P.M. to an Executive Session (with the option of reconvening following the Executive Session) and thence to the next regular meeting on February 19, 1980. Carried. Council did not reconvene following the Executive Session. MAYOR Planning Agency Minutes - February 4, 1980 page 2. preserving the existing specimen trees on the property and for the instal- lafion of a new, expanded Victorian type garden. He said the architectural rendering, displayed on fhe wall, showed location of the expanded garden. Mr. Sharp asked if this rendering was to ~he frees fo be saved and also the be incorporated by reference. Mr. Brofemarkle said final development plans must be in substantial confor- mance with the plans presented, including parking, layout, landscaping, and architecture. He said signs would be in conformance with the requirements of the Professional District of the Sign Code. Mr. Sharp requested notification when the final plans were submitted. There followed a discussion regarding parking requirements and the trend towards more parking spaces for compact size cars, and the underground park- ing structure. Mr. Brotemarkle said the parking structure is going to require substantial engineering and there may be some slight modifications in the size of if fo assure that parking spaces are adequate. However, all the standards would be kept fo the miniumums indicated in the staff report. Mr. Salfarelli said if was his opinion that there should be a condition that requires the staff to bring back to the Agency, for final approval, ma]or changes in the layout. Mr. Brofemarkle said plans would be brought back fo the Agency prior fo permit issuance and staff would point out any changes. Mr. Welsh questioned fhaf preservation o¢ the existing Stevens home must be incorporated in the CC&Rs fhaf run with the property and this was not clear in t~e resolution. Mr. Brotemarkle said this would be a part of the CC&Rs, including the poesibility fhaf the City will have ability fo enforce those CC&Rs in the event the project ever changed hands. Mr. Welsh recommended such measures be incorporated in the Resolution rather than just in conversation. MoTIoN by Salfarelli, SECONDED by Kennedy, fo approve Use Permit 80-1 and Tentative Tract No. 10979 by the adoption of Resolutions 1877 and 1878, with the conditions as recommended by staff, and with recommended additional con- ditions as discussed. AYES: Sharp, Salfarelli, Kennedy, Welsh, and Schuster NOES: None Use Permit 80-3 Applicant: Location: Request: Burnetf-Ehline Southeasterly corner of Irvine Boulevard and Holt Avenue Authorization for the construction of a 45,000 square foot office building. Mr. Brofemarkle said this request, also continued from the previous meet- ing, had main concerns regarding height, parking accommodations, architecture, and the guarantee of permanent use of the flood control channel. He said item No. 1 under New Business pertains to the last concern. He indicated corrections fo the staff report with height fo read "59" feet, not 5~ feet and in the Resolution that the 45,200 square foot figure be changed fo 47,500 square feet and 242 parking spaces be changed to 249 parking spaces. Chairman Schuster declared the continued hearing now open and asked if there was anyone fo speak in favor or opposition fo Use Permit 80-3. Planning Agency Minutes - February 4¢ 1980 page 4. Mrs. Kennedy said she was also concerned with the parking requirements and did not understand why a difference appeared fo exist between spaces re- quired for this and the Stevens complex. Mr. Brotemarkle explained the different requirements for the various types of uses. Mrs. Kennedy said she felt the restaurant didn't have ample parking now and would like greater discussion on parking. She, too, objected fo the height of the proposed building. Mr. Salfarelli felt a property owner should have the right to develop his property as he sees fit as long as it meets code requirements. He said simply because there was a height problem with this proposal, does not mean that alfernafivesexisf which can be considered afa continued hearing. He said if seemed there was lost space with this 4-story proposal and there has to be a solution fo development which is both economic and yet more compatible with the area. He was not concerned with the lease problems of the florist shop tenant as that is a legal concern between her and the landlord. He suggested the motion for denial be withdrawn, the hearing left open, and that if be continued. MOTION by Welsh, SECONDED by Sharp, fo withdraw the original motion for denial and fo continue the open public hearing for Use Permit 80-3 unfit the next regular meeting fo be held February 19, 1980. AYES: Sharp, Saltarelli, Kennedy, Welsh, and Schuster NOES: None Variance 80-2 Applicant: Location: Request: Tune-Up Masters 695 El Camino Real Authorization to vary with the sign ordinance for three {3) additional wall signs. Mr. Brotemarkle said af the last meeting this matter was continued, af the reques± of the applicant who had been called out of town. He said staff had been informed that the applicant is still out of town and would request another continuance until February 19. Chairman Schuster said since this is a continued hearing he would ask if there was anyone fo speak in favor or opposition to this matter. Hearing no response he asked the pleasure of the Agency. MOTION by Welsh, SECONDED by Sharp, fo continue the public hearing of Variance No. 80-2 until February 19. AYES: Sharp, Saltarelli, Kennedy, Welsh, and Schuster NOES: None INITIAL PUBLIC HEARINGS Amendment fo Use Permit 77-20 Applicant: Location: Request: W. Skinner and Associates on behalf of Trinity Broadcasting Co. 14131 Chambers Road Authorization for expansion of Trinity Broadcasting for a 26,580 square foot building in conjunction with satisfying the parking demands based upon work shift. Mr. Brofemarkle said Use Permit 77-20 was the original request for Trinity Broadcasting and now request an expansion of fhaf permit for a 26,580 square foot building. Trinity has an 8 fo 5 office work shift and an audience studio Planning Agency Minutes - February 4, 1980 page 6. Political Signs - Sign Code Mr. Brofemarkle said we are fast. approaching that political 'advertising' time again, and he wanted fo point out fhaf the City's Sign Code, in the past, had created some problems in that political signs fhaf are authorized under the Sign Code are fairly explicit and also the Code has a provision that prohibits the utilization of public property for political signs during an election campaign. Therefore, signs by zealous supporters placed on public right-of-ways, stop signs, poles, efc. have been commonly taken down by City staff. Also, when signs are seen by real estate companies who have quite restrictive levels of how they can use public right-of-ways for their signs, it arouses some concern. Staff was wondering if the Agency would like staff fo prepare something that would permit political signs much in the same manner as real estate signs are permitted in the public right-of-way. He said if could be done by resolution, but if would put everyone who is campaigning for office on notice because we don't want candidates fo think that staff is playing favorites because we take signs out of the parkway or medians. Mr. Schuster thought it was an excellent idea and said for staff to go ahead and draft a resolution. Mr. Blankenship said he had discussed this with the city attorney and had been informed that the City should have a more clear policy even though there may be some inference on our liability, but the problem of not regu- lating or stating firmly what is the correct method is worse in the end result. One thing we want fo do is fo be sure there are no signs placed in the medians because fhaf is a safety and littering problem for both those who put the signs up and For the City crews who have fo take then down. He said it seemed to him though that in the past years they had been permitted in the public right-of-way on the parkways. He said he thought this was some- fhiag the Agency should look into. Mr. Welsh said he had no reservations in advocafing that political signs be prohibited From public right-of-ways and center dividers. It does violate what we require a realtor, businessman or resident who has a garage sale fo do. We certainly should be consistent in our policy. He thought the sug- gesfion was a very sound one. Mr. Saltarelli said part of America's nostalgia was putting up political signs, banners, etc. He said we can rigidly control the City Council elections, and that is fine, but he would doubt fhaf the City has ever been able to control any other election signs. Getting your name in front of the public is part of the process-that's what makes democracy. He didn't think the Agency should create a new mass of bureaucracy for a once-every-two year process. We probably should inform candidates they have a limited time period to put signs up, be very liberal about if, and just bond everyone to make sure they take the signs down after the election. Mr. Brofemarkle said the problem seems fo be that some of the code sections. currently prohibit placing any signs in the public right-of-way. What staff wants fo do is recognize this problem and know that there are going to be signs in the public right-of-way. We want fo be able to leave most of them there, but have grounds that if some are dangerous or block Vision, they can be removed. Mr. Welsh said if was his understanding that by law if is already prohibited fo post signs on utility poles. Mr. Blankenship said that is correct, however, the city attorney had explained to him fhaf a recent court decision ruled that the utility companies and cities may prohibit signs being placed on poles, however, the court would not uphold if. Mr. Rourke said fhaf was correct; the judge ruled that fhaf was part of the