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HomeMy WebLinkAboutCC MINUTES 1988 04 18MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APRIL 18, 1988 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Hoesterey at 7:01 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Prescott, and the Invocation was given by Mayor Hoesterey. .-- II. ROLL CALL Councilpersons Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar John Kelly Earl J. Prescott Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Dir. of Comm. Development Fred Wakefield, Police Captain Robert Ledendecker, Director of Public Works Royleen White, Dir. of Comm. & Adm. Services Ronald A. Nault, Finance Director Valerie Whiteman, Deputy City Clerk Susan Jones, Recreation Superintendent Approximately 40 in the audience III. PUBLIC HEARINGS 1. UNDERGROUND UTILITY DISTRICT NO. 10 FOR NEWPORT/MCFADDEN AVENUES Robert Ledendecker, Director of Public Works, gave a staff report indicating that a second Public Hearing was set to reconsider the source of funding for the three properties in Underground Utility District No. 10. The original engineer's report previously suggested that private property service conversions be funded by the Redevelopment Agency. At the first Public Hearing, the Council requested that other methods of funding be explored. The second Public Hearing would allow property owners to voice their opinions on the potential change in funding. The Public Hearing was opened at 7:06 p.m. Roger O'Dell, 17341 McFadden Street, spoke on behalf of his mother, Wanda O'Dell, who had written a letter to the Council. She felt that Pacific Bell should provide the funding, rather than someone on Social Security. At Mayor Hoesterey's suggestion, Mr. O'Dell agreed that his mother's letter would become part of the public record. There were no additional speakers on the matter and the Public Hearing was closed at 7:08 p.m. Mayor Hoesterey asked Mr. O'Dell if it would be easier for his mother to have the assessment placed on the property to become due when the property was sold. Difficulty could arise from expenditure of City funds on private property. Councilwoman Kennedy explained that property values increase when undergrounding projects are implemented. If the assessment was done when the property was sold, Mrs. O'Dell would not be impacted because the increase in property value would hopefully offset the charge. Robert Ledendecker indicated that this item did not have to be finalized at this meeting. It could be continued at another meeting and Mr. O'Dell could consult with his mother regarding her wishes. CITY COUNCIL MINUTES Page 2, 4-18-88 Councilman Prescott asked if the telephone service was from a utility pole located on McFadden and was there a utility pole at the rear of the property that could be used. Robert Ledendecker will investigate this possibility and report back to the Council. The Public Hearing was closed at 7:13 p.m. It was moved by Kennedy, seconded by Kelly, to continue this matter to the May 2, 1988, meeting. The motion carried 5-0. 104 2. APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE 88-2 (HOME FEDERAL MONUMENT SIGN) Christine Shingleton reported that the Planning Commission, on March 21, 1988, denied a request by Home Federal for a 12 sq.ft. tenant identification sign at the corner of Irvine Blvd. and Holt Ave. The Planning Commission denied the request based on the following: (1) proposed variance did not meet the required conditions of State law and local City code, (2) that special consideration had already been granted to allow Home Federal more sign area than is typically allowed by sign codes and (3) granting of the variance could result in adverse effects in the immediate area by creating a precedent. The Public Hearing was opened at 7:16 p.m. Tom Hunter, 625 Broadway, San Diego, representing Home Federal, stated that the company's need was to identify the property for traffic on Irvine Blvd. traveling from east to west. Home Federal realizes they are over the maximum allowed for signs. When teller machines became popular, Home Federal requested that Any Time Teller be added to their already existing sign and that request put them over the maximum. Mr. Hunter said that both the owner as well as the tenants had agreed to identify the building as the Home Federal Building. Mayor Hoesterey asked staff if this was a building identification sign versus a tenant identification sign would Home Federal be within the limits. Christine Shingleton indicated that tenant signs cannot be used on the center identification sign. Mayor Hoesterey stated that generally in the granting of a variance it is due to some particular hardship that can be exhibited and was this the case with Home Federal. Mr. Hunter responded that immediate identification of the building would assist their elderly customers from a traffic standpoint. Curt Bower, speaking as a consultant for Home Federal, stated that when the exception was granted on building signage, the Planning Department recognized that although it is a multi -tenant building with professional uses, that a savings and loan would have special needs. He felt that by contrast to other surrounding financial institutions, Home Federal's sign was modest. The special circumstances exist because it is not primarily a professional _ office building but has heavy commercial use as well. Mayor Hoesterey asked if it would be acceptable to Home Federal to have the sign exclude the company logo. Mr. Bower stated that if the word "building" had to be added they preferred that the logo remain. No one else wished to speak and the Public Hearing was closed at 7:25 p.m. CITY COUNCIL MINUTES Page 3, 4-18-88 Councilwoman Kennedy stated the Council had done a good job in the past to make Tustin a beautiful city by restraining uses of signs. As a result, the City attracts business and is financially successful. Home Federal had chosen to go into a professionally zoned building and now, in addition to the previously allowed exception, is requesting to also have the advantage of a commercial sign. This will become a precedent and other tenants in professional buildings will want the same consideration. If a company wants commercial signing, they should be in a commercial zone. It was moved b Kenned , seconded b Hoestere , to adopt Resolution No. 88-38(b , upholding the Planning Commissions denial. Councilman Edgar spoke in opposition to the motion. He shared Council- woman Kennedy's dialogue, however, the building is already surrounded by businesses with monument signs and the only difference is, one area is zoned for professional and the other is zoned for commercial. He felt that every tenant has the right to be identified and it would be appropriate for a small, discreet monument sign. He would support Resolution No. 88-38(a). Councilman Kelly spoke in opposition to the motion feeling that the applicant's request was modest and he was upset with the attitude towards signs displayed by some Council members. Mayor Hoesterey was concerned that three-quarters of the sign was logo and felt the sign was for attracting new customers in the area. He suggested scaling the sign down with a smaller logo to bring it into accordance with the ordinance. He added that professional zoning increases the value of property. A substitute motion was made by Edgar, seconded by Ke11,K, to approve Resolution No. 88-38(a), reversing the Planning Commission s denial. Mayor Hoesterey stated that as long as the conditions are for this particular site for these particular reasons and there is a waiver of the building sign that would be part of the record, he would be in favor of the substitute motion. The substitute motion carried 4-1, Kennedy opposed. 106 IV. PUBLIC INPUT 1. ANNEXATIONS NO. 144 AND 145 The following extended their appreciation to Mr. Joseph Herzig for his work regarding Annexations No. 144 and 145: Elva Woodland, 13132 Fairmont Way, Tustin Harvey Rolf, 17711 Laurie Lane, Santa Ana Mr. Joe Herzig asked Council if any action on Annexations 144 and 145 had been taken since April 4, 1988. Mayor Hoesterey said there had not. 24 2. LAUREL HOUSE NEIGHBORHOOD CONCERNS Sarah Schweitz, 13611 Fairmont Way, spoke on behalf of residents on Fairmont Way, Carol Way and Laurie Lane regarding the safety in their neighborhood and the large density of State facilities that are within one block of each other. These facilities include Laurel House, a shelter for runaway teenagers on Fairmont way; a board -and - care facility on Laurie Lane; a halfway house for alcohol and drug rehabilitation on Yorba; and Yorba House No. 4. She submitted a petition to the Council requesting their intervention with the proper authorities to revoke the Laurel House license. The residents were concerned about safety for their children and the declining property values in their neighborhood. Mayor Hoesterey stated that the State had usurped the City's authority in this area and advised her to contact her State Senators. 81 CITY COUNCIL MINUTES Page 4, 4-18-88 3. GODFATHER BAR ON FIRST STREET Joseph Neglia, 12578 Wedgwood Circle, representing John Siegel and the residents of Pickwick Manor Apartments, spoke about the disturbance caused on the weekends by the Godfather Bar. Approximately 17 complaints had been received by the Police Department, six of those complaints were for disturbing the peace. He asked the Council if it was possible to declare the back door available for emergency use only. — Mayor Hoesterey asked that the Police Department check on the matter and report back to the Council. 81 4. GO-KART RACES Jim Kinder, of Championship Kart Racing Assn., stated his need to have specific direction from the Council regarding the amount of liability insurance required. William Huston, City Manager, stated that $10 million was the requirement and the Council had approved that amount. If Mr. Kinder made application for that amount and was unable to obtain it, the City's underwriters would assist him. Mayor Hoesterey asked Mr. Kinder to apply for $10 million worth of insurance and report back to the Council the results of his application. Councilman Prescott expressed concern about having an accommodative attitude to insure that the event goes forward. Councilman Kelly voiced his concern about what was adequate insurance and gave the Chili Cookoff as an example of an event involving alcohol that did not require this amount of coverage. Mr. Kinder expressed his frustation with obtaining this amount of insurance and working within this "red tape". Councilwoman Kennedy stated her support of the event, but stated that the City must be financially protected. After further discussion, Mr. Kinder agreed to try and obtain $10 million of liability insurance and report his findings to the Council at the next meeting. 96.1 V. CONSENT CALENDAR Item 10 was pulled from the Consent Calendar by Councilman Kelly and Item 11 was pulled by City Manager Huston. It was moved by Kennedy, seconded by Kelly, to approve the remainder of the Consent Calendar. The motion carried 5-0. 1. APPROVAL OF MINUTES - APRIL 4, 1988, REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,352,782.64 RATIFICATION OF PAYROLL IN THE AMOUNT OF $190,051.89 50 3. RESOLUTION NO. 88-39 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL VESTING MAP NO. 13094. Adopted Resolution No. 88-39 as recommended by the Community Development Department. 99 4. EQUIPMENT REPLACEMENT REQUEST Authorized solicitation of proposals for replacement of equipment authorized in the 1987-88 Fiscal Budget as recommended by the Public Works Department/Field Services. 86 5. NEW EQUIPMENT REQUEST Authorized solicitation of proposals for new equipment authorized in the 1987-88 Fiscal Budget as recommended by the Public Works Department/Field Services. 86 CITY COUNCIL MINUTES Page 5, 4-18-88 6. RESOLUTION 140. 88-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE FEDERAL AID URBAN PROGRAM THE IMPROVEMENT OF JAMBOREE ROAD. Adopted Resolution No. 88-40 as recommended by the Public Works Department/Engineering Division. 95 7. RESOLUTION NO. 88-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE OCUTT PROGRAM THE IMPROVEMENT OF MAIN STREET (PHASE III). Adopted Resolution No. 88-41 as recommended by the Public Works Department/Engineering Division. 95 8. RESOLUTION NO. 88-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF EL CAMINO REAL FROM MYFORD ROAD TO JAMBOREE ROAD AND AUTHORIZING ADVERTISEMENT FOR BIDS. Adopted Resolution No. 88-42 as recommended by the Public Works Department/Engineering Division. 95 9. RESOLUTION NO. 88-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR INSTALLATION OF STREET LIGHT CONDUIT ON "C" STREET FROM MAIN STREET TO THIRD STREET Adopted Resolution No. 88-43 as recommended by the Public Works Department/Engineering Division. 63 Consent Calendar Item No. 10 - Marked Unit Replacement Councilman Kelly felt that the marked police units should go out for bid. City Manager Huston said that under City Code and Resolution the city is authorized to accept the bid of another agency that bids out police cars. This type of bidding enables the city to bid at a much higher unit count. Instead of bidding on 4 cars, the same agency may be bidding on 200-300 cars allowing the City to receive a much lower price for police vehicles. It was moved by Kennedy, seconded by Edgar, to adopt the following: 10. MARKED UNIT REPLACEMENT Authorized purchase of four (4) new marked police units at a cost of $12,778.68 each, for a $51,114.73 total, from Morris J. Sopp and Son, 5801 Pacific Blvd., Huntington Park, California, as recommended by the Police Department. The motion carried 5-0. El; Consent Calendar Item No. 11, Police Motorcycle Replacement - At the request of City Manager Huston, this item was removed from the Consent Calendar and no action was taken. 82 VI. ORDINANCES FOR INTRODUCTION - None VII. ORDINANCE FOR ADOPTION 1. CHANGE STARTING TIME OF PLANNING COMMISSION MEETINGS - ORDINANCE NO. 1006 Ordinance No. 1006 had first reading by title only and introduction on April 4, 1988, following a public hearing on the matter. It was moved by Kennedy, seconded by Edgar, that Ordinance No. 1006 have second reading by title only. The motion carried 5-0. Following second reading by title only of Ordinance No. 1006 by the City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 1006 be passed and adopted as follows: CITY COUNCIL MINUTES Page 6, 4-18-88 ORDINANCE N0. 1006 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING SECTION 1515 OF CHAPTER 5, ARTICLE 1, OF THE TUSTIN MUNICIPAL CODE, CHANGING THE STARTING TIME OF PLANNING COMMISSION MEETINGS. The motion carried 5-0. (Roll call vote) 80 VIII. OLD BUSINESS 1. JWA NOISE MEASUREMENT PROGRAM - UPDATE It was moved by Kelly, seconded by Kennedy, to receive and file subject report. The motion carried 5-0. 101 2. APPROVAL OF CONSULTANT SERVICES FOR PREPARATION OF CULTURAL RESOURCES INVENTORY OF CITY Councilman Prescott requested that Carol Jordan, of the Historical Society, participate in the preparation of the Cultural Resources Inventory. No action was taken. 109 IX. NEW BUSINESS 1. AWARD OF CONTRACT FOR WATER MAIN IMPROVEMENTS ON EDINGER AVENUE, WINDSOR LANE, CATALINA DRIVE, DEL REY DRIVE, AND LA BELLA DRIVE It was moved by Edgar, seconded by Kelly, to award the contract for subject project to Coast Pipeline Corporation of Laguna Hills, California, in the amount of $163.011.61 as recommended by the Public Works Department/Engineering Division. The motion carried 55=0• 107 2. COLUMBUS TUSTIN DRAINAGE STUDY It was moved by Edgar, seconded by Kennedy to appropriate $1,500 for the Storm Drain Study of Columbus Tustin Park as recommended by the Community Services Department. Councilman Edgar complimented the staff on a job well done. He was amazed at the minimal cost for completion. He asked staff what the timeline was for completion. Susan Jones, Recreation Superintendent, estimated it would be a month to a month and one-half. Councilman Prescott stated that he was anxious to have the report the first meeting in June so that some of the plans for Columbus Tustin Park could be finalized. The motion carried 5-0. 77 3. AWARD OF CONTRACT FOR TRAFFIC SIGNAL MODIFICIATIONS AT WALNUT & CHERRYWOOD LANE It was moved by Kennedy, seconded by Edgar, to (1) award a contract to Baxter -Griffin Company in the amount of $9,350 and (2) approve an additional appropriation of $2,000 from the General Fund as recommended by the Public Works Department/Engineering Division. The motion carried 5-0. 94 4. PARK ADVISORY COMMISSION It was moved by Edgar, seconded by Kennedy, to adopt the following: (1) That the Commission have seven (7) members, all Tustin residents. (2) That the Commission be an advisory body to the City Council in all matters relating to policy in the areas of park design, development and recreation. X. CITY COUNCIL MINUTES Page 7, 4-18-88 (3) That the Commission serve at the pleasure of the City Council, and be named the Community Services Commission. (4) That the Commission meet as often as is necessary to carry out its responsibility, but a minimum of once each quarter in regular session. (5) That the Commission be compensated for attendance at Commission meetings and that Council set compensation at $25.00 per meeting. (6) That the City Council meet with the Commission at least once per year to give the Commission direction regarding Council policy as recommended by the Community Services Department. Councilman Edgar's motion was made stipulating the following changes to the original staff recommendation: (1) number of members be changed from five to seven, (2) area of responsibility to include recreation and (3) compensation be set at $25.00 per meeting. Selection of members would be through interview process. Councilwoman Kennedy asked about the possibility of selection by district. Councilman Edgar stated that he was supportive of that, but did not want to restrict the selection process by initially establishing that criteria. He was very supportive of selecting applicants that represent different areas. Mayor Hoesterey stated that he still felt an Ad Hoc Committee would better serve the City. He felt a Commission would increasingly grow and require staff time when there were not specific needs to be addressed. In addition, some members in certain residential areas may not be interested in parks from other areas of the City. Councilman Kelly felt that the concern about districting was nonsense and politically motivated. Councilman Edgar stated he was against formalized districting of the Commission. The opportunity for area representation will be available to the Council during the selection process. The motion carried 4-1, Hoesterey opposed. 76 5. EASTERN TRANSPORTATION CORRIDOR DRAFT ENVIRONMENTAL IMPACT REPORT NO. 451 Robert Ledendecker gave staff report asking Council to review a response letter on a Draft Environmental Impact Report that is due back to the County on April 21, 1988. It was moved by Edgar, secondedby, Kennedy, to approve the City's concerns/comments for the Eastern Transportation Corridor and authorize Staff to forward these comments to the County of Orange by the response deadline date of April 21, 1988. The motion carried 5-0. Councilman Edgar commended the staff for their professional job in reaching the consensus required for a Tustin, Orange and Irvine Memorandum of Understanding. Staff comments on this memorandum were included with the subject report and Council will receive the memorandum for action on May 2, 1988. 101 REPORTS 1. PLANNING COMMISSION ACTION AGENDA - APRIL 11, 1988 It was moved by Edgar, seconded by Kelly, to ratify the Planning Commission Action Agenda of April 11, 1988. The motion carried 5-0. 2. CITY ENTRANCE SIGN PROGRAM STATUS Christine Shingleton gave a status report on the designing of the monument entrance signs to the City. Staff is now refining the CITY COUNCIL MINUTES Page 8, 4-18-88 schematics before starting on the working drawings. She asked for comments from the Council. Councilman Kelly voiced his approval of maintaining heritage with the "Wishing Well" theme. Councilman Prescott suggested that a subcommittee be formed and he volunteered to serve on the subcommittee. Councilwoman Kennedy also volunteered to serve. It was moved by Hoesterey, seconded by Kelly, to appoint Councilman Prescott and Councilwoman Kennedy to serve on the subcommittee for 93 this matter. The motion carried 5-0. 3. INVESTMENT SCHEDULE AS OF MARCH 31, 1988 It was moved by Edgar, seconded by Kelly, to receive and file subject report. The motion carried 5-0. 50 4. UPDATED REPORT ON REQUEST FOR ENGINEERING STUDY AT THE INTERSECTION OF EL CAMINO REAL AND SIXTH STREET It was moved by Kennedy, seconded by Kelly, that the existing red curb on all intersection approaches should remain as is, however, forty (40) feet of existing red curb on the south side of Sixth Street (east of E1 Camino Real) can be eliminated. The motion carried 5-0. 92 XI. OTHER BUSINESS 1. COMMENTS IN THE "COMMON TALK° NEWSPAPER Councilman Kelly commented on article in the Common Talk regarding some of his recent comments. He wanted to exercise his right to speak and asked that those who editorialized about the Council, pay attention during the meetings. He also asked that they refrain from smoking in the Council Chambers. 2. STEVEN'S SQUARE PARKING STRUCTURE Councilman Kelly asked for an update on the action that has been taken on the Steven's Square Parking Structure. City Manager Huston responded that the City, in accordance with Council direction, will erect additional signage giving direction to the structure and change the "CUSTOMER PARKING" signs to "PUBLIC PARKING" signs. The City will defer action on the ramp. Councilman Prescott felt that the "CUSTOMER PARKING" signs should be removed. He was also informed by Mr. Cox that the signs citing Civil Code No. 22658(a) only applies to private parking structures, not public ones. Christine Shingleton stated that it is considered a private structure maintained by a private association. The Redevelopment Agency has an interest in 105 spaces of the 247 spaces in the structure. A letter from staff has been sent to the Steven's Square Association requesting that the signs be modified to read "PUBLIC PARKING". Staff will report back to the Council on the results of that letter. 74 3. LIABILITY INSURANCE Councilwoman Kennedy thanked City Manager Huston and Ronald Nault, Finance Director, for their guidance to the Council in establishing participation in a risk sharing pool. Councilwoman Kennedy also asked staff for a confirmed report requiring the $10 million liability insurance for the go-kart ,races. She did not want Mr. Kinder to withdraw without proper documentation for the $10 million quote. 59 CITY COUNCIL MINUTES Page 9, 4-18-88 4. PETER'S CANYON REGIONAL PARK Councilwoman Kennedy asked for a staff report on the Peter's Canyon Regional Park. She wanted to insure that the City does not lose development money from the Irvine Company. 79 5. COALITION NO. 95 - PROTECTION OF COAST LINE Councilman Kennedy asked the Council to appoint her to Coalition 95. This matter is to be agendized for the May 2, 1988, meeting. 28 6. UTILITY POLES AT NEWPORT AVENUE/HOLT AVENUE Councilman Edgar was pleased to see all of the utility poles downat the corner of Newport and Holt Avenues. 7. WISHING WELL ON FIRST STREET Councilman Prescott had noted that the tiles on the Wishing Well in front of Marie Callendini's were falling off and requested that the Maintenance Department make the necessary repairs. 8. SCHEDULING OF BUDGET WORKSHOPS Councilman Prescott asked when the budget workshops were scheduled. City Manager Huston stated that the budget workshop is targeted for the end of May. He recommended agendizing the setting of the exact date at the May 2, 1988, meeting. 29 9. POSTING OF CAMPAIGN BANNERS/POSTERS Councilman Prescott asked if an accelerated approval could be granted allowing Councilman Kelly to keep his campaign banners in place. Mayor Hoesterey pointed out that the law applies to everyone and all citizens have to comply with the sign codes. Councilwoman Kennedy asked City Attorney Rourke to check on the political sign ordinance and report back to the Council. 93 XII. RECESS - REDEVELOPMENT - ADJOURNMENT At 9:01 p.m., it was moved by Hoesterey, seconded by Edgar, to recess to the Redevelopment Agency; thence to the Capital Improvement Workshop on Thursday, April 21, 1988, at 5:30 p.m., in the City Manager's Conference Room; and thence adjourn to the next Regular Meeting on Monday, May 2, 1988, at 7:00 p.m. The motion carried 5-0. .I K