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HomeMy WebLinkAboutCC MINUTES 1986 06 02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA JUNE 2, 1986 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:02 p.m. in the <Oity Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Kelly, and the Invocation was given by Mayor Pro Tem Hoesterey. I I . ROLL CALL ~: ! Councilpersons Present: Donald J. Saltarelli, Mayor Ronald B. Hoesterey, Mayor Pro Tem Richard B. Edgar John Kelly Ursula E. Kennedy ~:~Counci 1 persons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk ~ Donald D. Lamm, Com. Development Director ' ! Robert S. Ledendecker, Dir. of Public Works Charles R. Thayer, Chief of Police Royleen A. White, Dir. of Com~ & Admin. Srvcs. Ronald A. Nault, Finance Director Edward M. Knight, Senior Planner i Susan Jones, Recreati on Superintendent Approximately 40 in the audience III, PROCLAMATION ,..,, 1. RETIREMENT OF CLIFF EVERT, MAINTENANCE SUPERINTENDENT Mayor Saltarelli honored Cliff Evert, Maintenance Superintendent, by presenting him with a proclamation in recognition of sixteen years of service to the City. Mr. Evert expressed his thanks to the Council. 84 IV. PUBLIC HEARINGS 1. CONTINUED CONSIDERATION OF APPEAL OF VARIANCE NO. 86-3 - TUSTIN PLAZA SIGNING, CARVER DEVELOPMENT The Community Development Director presented the staff report as contained in the inter-com dated June 2, 1986, prepared by the Com- munity Development Department. The Director stated that subsequent to Council appeal of April 21, Carver submitted a justification packet dated May 22, 1986. Page 2 contains an outline chart identifying four businesses concerning wall signing for spaces 23 through 26, in which Carver has analyzed ~" Code requirements, the variance approved by Planning Commission, and their request this evening. Subject request is outside of what was approved by the Planning Commission. It is staff's opinion Council may only consider Planning Commission actions of April 14. ~" If Council wishes to consider additional expansion of the variance, " staff recommends Council refer the matter back to the Planning Com- . mission for rehearing and proper noticing of same. The Mayor opened the public hearing at 7:10 p.m. There were no speakers on the matter, and the public hearing was closed. The Director responded to Council questions. It was moved by Hoestere~/, seconded b~/Kennedy/, to: 1) Approve six driveway-entry center identification signs based upon hardship created by structure locations and a required bike trail; CITY COUNCIL MINUTES Page 2, 6-2-86 2) Approve tenant wall signs in excess of maximum square footage allowed provided that such area not exceed 15% of storefront area of each individual unit, based upon distance from Newport, obstruction of view by free-standing structures, and the 15% requirement will keep these signs in proportion to other signs in the center; and 3) Deny the use of two free-standing tenant identification signs in that no hardship under the sign code exists for such sign- age. A question-and-answer period followed. Councilwoman ~Kennedy expressed surprise that representatives from Carver were not pre- sent to speak on the matter and that their request dated May 22 was submitted directly to Council and not through the Community Devel- opment Department. Mayor Saltarelli spoke in favor of the variance as approved by the Planning Commission. He stated he believes the project's sSuccess and its ability to draw quality tenants will be enhancedby the additional tenant identification signs. Council man Edgar spoke in favor of the motion. Council woman Kennedy rebutted Mayor Saltarelli that the City has already made a terrific compromise on the tenant wall signs, and she did not want to set a precedent that would be difficult to live with as East Tustin develops. The motion carried 4-1, Saltarelli opposed. 106 After further discussion regarding Carver's letter dated May ~22, 1986, it was moved by Edgar, seconded by Kennedy, to waive fees for consideration of additional variance requests to increase size of __ the wall signs in Tustin Plaza by Carver Development, should the applicant wish to submit same to the Planning Commission. The motion carried 5-0. 106 2. SUBDIVISION MAP ACT AMENDMENTS - ORDINANCE NO. 971 There were no Council questions regarding the staff report and recommendation as contained in the inter-com dated June 2, 1986, prepared by the Community Development Department. Mayor Saltarelli opened the public hearing at 7:21 p.m. There were no speakers on the matter, and the public hearing was closed. It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 971 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 971 by the City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 971 be introduced as follows: ORDINANCE NO. 971 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE AMENDMENT OF SECTION 9311 OF THE TUSTIN CITY CODE AND ESTABLISHING REGULATIONS FOR VESTING TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS After a brief question-and-answer period, the motion carried 5-0. 99 3. NEWPORT AVENUE UNDERGROUND UTILITY DISTRICT NO. 7 - ORDINANCE NO. 972 The Director of Public Works identified the number of poles to be removed at specific locations. A question-and-answer period followed. The public hearing was opened by Mayor Saltarelli at 7:29 p.m. There were no speakers on the matter, and the public hearing was closed. CITY COUNCIL MINUTES Page 3, 6-2-86 It was moved b Hoesterey, seconded by Edgar, that the public necessity', hea|( removal of poles h, safety or welfare require , overhead wires and associated overhead structures and establishment of the Newport Avenue Underground Utility District No. 7; and that Ordinance No. 972 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 972 by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordi- nance No. 972 be introduced as follows: ORDINANCE ND. 972 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 7, NEWPORT AVENUE, AND DECLARING ITS INTENTION TO ORDER THE CONVER- SION The motion carried 5-0. 104 4, HOLT AVENUE/IRVINE BOULEVARD UNDERGROUND UTILITY DISTRICT NO, 8 - ORDINANCE NO, 973 Following consideration of the inter-com dated May 27, 1986, pre- pared by the Public Works Department/Engineering Division, the public hearing was opened by Mayor Saltarelli at 7:30 p.m. There were no speakers on the matter, and the public hearing was closed. It was moved by Edgar, seconded by Hoesterey, that the public necessity, health, safety or welfare require the removal of poles, overhead wires and associated overhead structures and the estab- lishment of the Holt Avenue/Irvine Boulevard Underground Utility District No. 8; and that Ordinance No. 973 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 973 by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordi- nance No. 973 be introduced as follows: ORDINANCE ND. 973 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 8, HOLT AVENUE/IRVINE BOULEVARD, AND DECLARING ITS INTENTION TO ORDER THE CONVERSION Carried 5-0. 104 PROPOSED. STREET NAME CHANGE FROM MOULTON PARKWAY TO EDINGER AVENUE - RESOLUTION NO, 86-64 (Continued from May 19, 1986) Following consideration of the staff report and recommendation con- tained in the inter-com dated May 9, 1986, prepared by the Public Works Department/Engineering Division, Mayor Saltarelli opened the public hearing at 7:31 p.m. Paul Lothrop, Intermac West, 1542 Moulton Parkway, reiterated his comments of May 19 that the name change was acceptable with a reasonable time period for conversion of same. The Director of Public Works stated that the duplicate street names are usually carried for a one-year period. The City will place two street name signs on posts, and the U.S. Post Office will also carry the two names for a one,year period. There were no other speakers onthe matter, and the p'ublic hearing was closed at 7:35 p.m. It was moved by Hoesterey, seconded by Kennedy, to adopt the following: RESOLUTION ND. 86-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CHANGING DESIGNATION OF MOULTON PARKWAY, BETWEEN REDHILL AVENUE AND HARVARD AVENUE, TO EDINGER AVENUE The motion carried 5-0. 96 CITY COUNCIL MINUTES Page 4, 6-2-86 V. PUBLIC INPUT 1. TUSTIN AUTO CENTER LOUDSPEAKER CRITERIA Herbert Huber, 13882 Dall Lane, Santa Aria 92705, expressed opposi- tion to the Planning Commission approval of subject item. Mr. Huber requested Council appeal same and schedule it for public hearing. Mayor Saltarelli informed Mr. Huber that Council would review Plan- ning Commission's action on subject item under Report No. I this evening. (See Page 7 of these Minutes.) VI. CONSENT CALENDAR It was moved by Hoestere~, seconded by Edgar, to approve the entire Consent Calendar. The motion carried 5-0. 1. APPROVAL OF MINUTES - MAY 19, 1986, REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $484,212.74 RATIFICATION OF PAYROLL IN THE AMOUNT OF $140,929.44 50 3, RESOLUTION NO. 86-68 - A RESOLUTION OF THE CITY COUNCILOF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE REPLACEMENT PLAY STRUCTURE AT MAGNOLIA TREE PARK AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adopted Resolution No. 86-68 as recommended by the Community Services Department. 77 4. RESOLUTION NO. 86-70 :- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION (PHASE I, BUILDING MODIFICATION, COM- MUNICATIONS CENTER) Adopted Resolution No. 86-70; and if no claims or stop payment notices are filed 30 days after recordation, authorized payment of the final 10% retention amount as recommended by the Police Department. 82 5. PUBLIC NUISANCE ABATEMENT AT TUSTIN MEAT COMPANY, 200 EL CAMINO REAL Directed the City Attorney's office to commence legal action against Tustin Meat Company to abate the ongoing public nui- sance this use has created upon the surrounding community as recommended by the Community Development Department. 42 6. RESOLUTION NO. 86-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING APPLICATIONS FOR TRANSFER OF FORFEITED PROPERTY TO THE TUSTIN POLICE DEPARTMENT AND ESTABLISHING GUIDELINES AND CONTROLS RELATIVE THERETO Adopted Resolution No. 86-69 with the following guidelines: 1) Place assets derived from state or federal narcotic investiga- tions in the "Tustin Police Narcotics Seizure Fund" which is held in a trust in agency account; 2) Utilize funds from the "Tustin Police Narcotics Seizure Fund" for improving and devel- oping narcotic enforcement programs in the City of Tustin as provided for in the California Health & Safety Code; 3) Direct staff to make disbursements from this account in conformance with pre-written warrant procedures for the purpose provided in the California Health & Safety Code, with this action to take place at the direction of the Chief of Police; and 4) Direct the Finance Director to establish an account in order to receive and distribute these funds, as recommended by the Police Department. 82 7. RESOLUTION NO. 86-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR FAIR- HAVEN, YORBA, NEWHAVEN AND TROPIC LANE WATER MAIN IMPROVEMENTS AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adopted Resolution No. 86-71 as recommended by the Public Works Department/Engineering Division. 107 CITY COUNCIL MINUTES Page 5, 6-2-86 8. LOAN AGREEMENT, TUSTIN COMMUNITY REDEVELOPRENT AGENCY SOUTH CENTRAL PROJECT AREA AND CITY OF TUSTIN (RESCO DEVELOPMENT) Authorized the Mayor and City Clerk to execute subject loan agreement as approved by Council on January 6, 1986. 45 86-23 9. RESOLUTION NO. 86-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ASSESSMENT DISTRICT 85-1 (PHASE V-A) AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adopted Resolution No. 86.73 as recommended by the Public Works Department/Engineering Division. 25 10. PLACEMENT OF SOLID WASTE COLLECTION FEES ON PROPERTY TAX ROLL Directed staff to prepare a report containing each parcel receiving service and the amount to be charged each parcel; and set a public hearing date for June 16, 1986, at 7:00 p.m. on subject matter as recommended by the Finance Department. 97 11. RESOLUTION NO. 86-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY FORMATION OF A DISTRICT PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 AND FOR THE ANNEXATION OF ADDITIONAL TERRITORY TO SAID EXISTING DISTRICT Adopted Resolution No. 86~74 as recommended by the Public Works Department/Engineering Division. 25 VII. ORDINANCES FOR INTRODUCTION None. VIII. ORDINANCES FOR ADOPTION 1. PROPOSED CATV FRANCHISE FOR COMMUNITY CABLEVISION - ORDINANCE NO, 970 It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 970 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 970 by the City Clerk, it was moved by Kennedy, seconded by Edgar, that Ordinance No. 970 be passed and adopted as follows: ORDINANCE NO, 970 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO COMMUNITY CABLEVISION COMPANY Roll call vote: AYES: Edgar, Hoesterey, Kelly, Kennedy, Saltarelli NOES: None ABSENT: None 53 2. ZONE CHANGE 86-2 - HEALTHCARE MEDICAL CENTER - ORDINANCE NO. 969 It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 969 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 969 by the City Clerk, it was moved by Edgar, seconded by Saltarelli, that Ordinance No. 969 be passed and adopted as follows: ORDINANCE NO. g6g - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REZONING THE PROPERTY KNOWN AS THE RANCHO LA PAZ APARTMENTS AT 1101 SYCAMORE AVENUE FROM MULTI-FAMILY RESIDENTIAL (R-3) TO PUBLIC & INSTITUTIONAL (P&I) AYES: Edgar, Kelly, Saltarelli NOES: Hoesterey, Kennedy ABSENT: None 110 CITY COUNCIL MINUTES Page 6, 6-2-86 IX. OLD BUSINESS None. X. NEW BUSINESS 1.AGREEMENT PROVIDING FOR THE IRVINE COMPANY TO ASSUME CONDITIONS OF FLOOD CONTROL DISTRICT PERMIT As recommended in the inter-com dated May 27, 1986, prepared by the Public Works Department/Engineering Division, it was moved by Kennedy, seconded by Hoesterey, to authorize the Mayor and City Clerk to execute subject agreement regarding the construction, operation and maintenance of interim flood control improvements between the City and The Irvine Company. The motion carried 5-0. 45 86-24 2. AGREEMENT NO. OO5-153, EL MOOENA-IRVINE FLOO0 CONTROL CHANNEL (FACILITY F07) Pursuant to the recommendation contained in the inter-com dated May 28, 1986, prepared by the Public Works Department/Engineering Division, it was moved by Hoesterey, seconded by Kennedy, to approve subject agreement and authorize the Mayor and City Clerk to execute same. The Director of Public Works stated that recent communication through the County Counsel's office proposes a change in subject agreement in favor of the City. Proposed language approved by the County to Page 6, Paragraph 19, would read, "In the event the City does not proceed with the work as outlined above within one (1} year of the execution of this Agreement, DISTRICT may termine the Agreement. Fees collected by DISTRICT for expenses incurred pur- suant to Paragraph 10 shall be retained by the DISTRICT and the balance refunded to the City," in lieu of the District retaining the entire unused balance. The maker and second of the motion concurred with subject amendment to the agreement. The motion carried 5-0. 45 86-25 3. LEASE OF CITY PROPERTY AT 1810 NORTH OLD TUSTIN AVENUE, SANTA ANA It was moved by Edgar, seconded by Hoesterey, to authorize the City Clerk to advertise the notice of intention to lease City property; and authorize staff to mail requests for proposal to lease property to individuals/businesses having expressed interest in leasing property at 1810 North O1 d Tustin Avenue, Santa Ana, as recommended in the inter-com dated May 21, 1986, prepared by the Public Works Department/Engineering Division. The Director of Public Works responded to Council questions on sub- ject item. The motion carried 5-0. 85 4. FOOTHILL/EASTERN TRANSPORTATION CORRIDOR FEE ASSESSMENT As recommended in the inter-com dated May 28, 1986, prepared by the Public Works Department/Engineering Division, it was moved by Edgar, seconded by Kennedy, to authorize payment of $25,000 assess- ment to Foothill Eastern Joint Powers Agency; and authorize a sup- plemental budget appropriation for 1985-86 in the amount of $25,000. The motion carried 5-0. 100 CITY COUNCIL MINUTES Page 7, 6-2-86 XI. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - MAY 27, 1986 Mayor Saltarelli noted that a member of the public had requested appeal of Old Business Item I - Tustin Auto Center Loudspeaker Cri- teria. It was moved by Edgar, seconded by Kenned , to appeal sub- ject item and approve the remainder of the May 2~, 1986, Planning Commission Action Agenda. The motion carried 5-0. 80 Mr. Huber was informed that CoUncil would review the matter at the June 16, 1986, Council meeting. Although the matter will not be considered under public hearing format, Councilwoman Kennedy requested that persogs on the mailing list of concerned residents be informed of same. 2. INVESTMENT SCHEDULE AS OF MAY 30, 1986 It was moved by Edgar, seconded by Kennedy, to receive and file subject report dated May 30, 1986, prepared by the Finance Depart- ment. Carried 5-0. 50 ~3, PROBLEMS AT 13262 MARSHALL LANE - PUBLIC NUISANCE The Community Development Director reported that a member of the Community Development Department and Police Department visited sub- ject property today at the owner's invitation. All trash and debris has been removed, except for a disabled automobile on the i side yard. The Police Department has allowed one more week for removal of same. In the opinion of the Community Development ;~: Department, there is no longer a public nuisance pertaining to trash and debris. All other Council concerns would be related to criminal and law enforcement activity. It was then moved by Edgar, seconded by Kennedy,, to receive and file the inter-com dated June 2, 1986, prepared by the Community Development Department. The motion carried 5-0. 81 4. NOISE PROBLEMS CREATED BY GRIES DYNACAST AT 2652 DOW AVENUE i As recommended in the inter-com dated June 2, 1986, prepared by the Community Development Department, it was moved by Edgar, seconded bJ/Kennedy, to receive and file same. Motion carried 5-0. 56 5. VECTOR CONTROL Counci 1 woman Kennedy reported that confl i cti ng i nformati on has been received. Additional information will be provided to Council in a final report. It was moved by Edgar, seconded by Kennedy, to receive and file the inter-com dated May 23, 1986, prepared by the Police Department. Carried 5-0. 67 6. STREET LIGHTING - THIRD STREET Pursuant to the recommendation contained in the inter-com dated May 27, 1986, prepared by the Public Works Department/Engineering Division, it was moved by Hoesterey, seconded by Kelly, to autho- rize installation of one 9,500 lumen high-pressure tsodium vapor street light on the south side of Third Street mid-block between E1 Camino Real and Prospect Avenue at an annual cost of $120. The motion carried 5-0. 63 XII. OTHER BUSINESS 1. ENTRY PERMIT - TENPORARY ACCESS ROAD BETWEEN BRYAN AVENUE & EL CAMINO REAL As recommended by the City Attorney, it was moved by Kennedy, sec- onded by Saltarelli, to authorize the Mayor and City Clerk to exe- cute the entry permit between the City and The Irvine Company for a CITY COUNCIL MINUTES Page 8, 6-2-86 temporary access road between Bryan Avenue and E1 Camino Real west- erly of Tustin Ranch Road and easterly of Jamboree Road. The motion carried 5-0. 45 86-26 2. LEFT-TURN MOVEMENT AT YORBA AND 17TH STREETS Councilman Edgar requested that staff report back on the possi- bility of a left-turn pocket and arrow at the Yorba signal turning west onto 17th Street. 94 3. PUBLIC NUISANCE ABATEMENT - 17592 AMAGANSET In response to Councilman Edgar, the Community Development Director provided a status report on subject matter. Staff is pursuing administrative relief through the City Attorney's office. If that fails, staff will come back to Council for authorization .to file legal action against the property owner. 81 4. ANNEXATION OF NORTH TUSTIN AREAS Councilman Kelly reported that he has been approached by residents of the North Tustin unincorporated area who have expressed ~terest in annexation to Tustin. With Council consensus, Mayor Saltarelli agreed to attend an informal session with area residents. 24 5. PLANNING COMMISSION APPOINTMENTS Mayor Saltarelli led discussion regarding appointment of Planning Commissioners. The Mayor requested that staff provide a list of all applicants for Council review. The Mayor then asked Council- members to be prepared to vote on the appointment of five Planning Commissioners at the June 16, 1986, meeting. 80 6. RESIGNATION OF DONALD D. LAMM, CO)!4UNITY DEVELOPMENT DIRECTOR Mayor Saltarelli directed the City Manager to prepare appropriate commendation for Donald D. Lamm upon his resignation as Community Development Di rector. Council congratulated Mr. Lamm upon his new position as Director of Development Services for Costa Mesa effec- tive June 11. 79 Mr. Lamm was applauded by the Council and audience. He thanked the Council. XIII. RECESS - REDEVELOPRENT AGENCY - ADJOURNMENT At 8:05 p.m. it was moved by Hoesterey, seconded by Kennedy, to recess to the Redevelopment Agency; and thence adjourn to the next Regular Meeting on June 16, 1986, at 7:00 p.m. Carried 5-0.