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HomeMy WebLinkAboutCC MINUTES 1986 02 18 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FEBRUARY 18, 1986 I,- . CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Pro Tem Saltarelli at 7:01 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Hoesterey, and the Invocation was g~ven by Councilwoman Kennedy. II. ROLL CALL Councilpersons Present: Donald J. Saltarelli, Mayor Pro Tem Richard B. Edgar Ronald B. Hoesterey Ursula E. Kennedy Councilpersons Absent: Frank H. Greinke, Mayor (Arrived at 7:28 p.m.} · 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 Royleen A. White, Dir. of Com.& Admin. Srvcs. Steve Foster, Police Captain Ronald A. Nault, Finance Director Susan Jones, Recreation Superintendent ~! Approximately 60 in the audience III. COMMUNITY NOTES : 1, YOUTH TRACK AND FIELD CLINIC ~ Mayor Pro Tem Saltarelli announced that the City of Tustin Com- munity Services Department is sponsoring subject clinic. It will be held at Tustin High School Track from March 3-28 for boys and : girls born between 1971 and 1978. Steve Walther, Head Coach of the Tustin Roadrunners will be the instructor. He referred interested ~ persons to contact City Hall for registration. IV,- PUBLIC INPUT None. V, CONSENT CALENDAR It was moved by Hoesterey, seconded by Edgar, to approve the entire Consent Calendar. Page 2 of the February 3, 1986, Minutes was corrected by Councilwoman ~ Kennedy as follows: "5, BOARD OF DIRECTORS - TUSTIN AREA SENIOR CENTER FUND, INC, Councilwoman Kennedy reported that Ken Hoesterey has had to step ;. down from the Board of Directors, Tustin Area Senior Center Fund, Inc. The Board voted last week to recommend to Council that Janet Schwartz be appointed to fill subject vacancy. It was then moved b~, Hoestere),, seconded by Edgar, to appoint Janet Schwartz to the Board of Directors, Tustin Area Senior Center Fund, Inc. Carried 5 - O." The motion carried 4-0, Greinke absent, to approve the entire Consent Calendar. 1, APPROVAL OF MINUTES - JANUARY 29, 1986, SPECIAL MEETING FEBRUARY 3, 1986, REGULAR MEETING {Corrected) 2, APPROVAL OF DEMANDS IN THE AMOUNT OF $507,590.91 RATIFICATION OF PAYROLL IN THE AMOUNT OF $145,248.01 50 CITY COUNCIL MINUTES Page 2, 2-18-86 3. REJECTION OF CLAIM NO, 85-42; (CLAIMANT: ISOBEL FIELD; DATE OF LOSS: 8/30/85; DATE FILED WITH CITY: 9/9/85 Rejected subject claim as recommended by the City Attorney. 40 4. REJECTION OF BIDS - POLICE DEPARTNENT COMMUNICATIONS CENTER BUILD- ING MODIFICATIONS RESOLUTION NO, 86-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING PLANS AND SPECIFICATIONS FOR COMMUNICATIONS CENTER UPGRADE IN THE POLICE DEPARTMENT FACILITY AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Rejected all bids received to date; and adopted Resolution No. 86-25 as recommended by the Chief of Police. 82 5. RESOLUTION NO. 86-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESTRUCTION OF CERTAIN PERSONNEL RECORDS Adopted Resolution No. 86-22 as recommended by the DireCtor of Community and Administrative Services. 79 6. RELEASE OF SUBDIVISION WARRANTY BOND - TRACT NO. 11586 (EASTERLY SIDE OF HOLT & BETWEEN 292-458 FEET SOUTHERLY OF WARREN AVENUE) Authorized release of Subdivision Warranty Bond No. K01530252 in the amount of $1,750 as recommended by the Director of Public Works/City Engineer. 99 7. RESOLUTION NO. 86-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR NEW- PORT AVENUE FAU PROJECT M-M016(O02} Adopted Resolution No. 86-24 as recommended by the Director of Public Works/City Engineer. 94 8. NEWPORT AVENUE TRAFFIC SIGNAL INTERCONNECT FEDERAL AID URBAN (FAU) PROJECT Approved Program Supplement No. 7 to Local Agency/State Agree- ment No. 07-5271 covering installation and modification of traffic signals and interconnect on Newport Avenue from E1 Camino Real to Sycamore Avenue as recommended by the Director of Public Works/City Engineer. 94 45- 86-12 9, SANTA Alia VALLEY IRRIGATION COMPANY (SAVI) QUITCLAIM DEED Authorized the Mayor to execute a Quitclaim Deed; and directed staff to record said document subject to receipt of $90 trans- fer fee as recommended by the Di rector of Public WorkS/City~ Engineer. 49 10, RESOLUTION NO, 86-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FOURTH REVISED TENTATIVE TRACT 11370 (SOUTHERLY TERMINUS OF NEWPORT AVENUE) Adopted Resolution No. 86-21 as recommended by the Community Development Department. 99 11. RESOLUTION NO. 86-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE "ANNEXATION NO. 136 - TENTATIVE TRACT 11370 TO THE CITY OF TUSTIN" Adopted Resolution No. 86-23 as recommended by the Community Development Department. 24 12. AMENDMENT TO CITY COUNCIL MINUTES - NOVEMBER 18, 1985, & JANUARY 6, 1986 Approved amendments to City Council Minutes as follows:' November 18, 1985, - Page 7: Added the following action from Closed Session: TUSTIN AREA SENIOR CENTER FUND, INC, - BOARD OF DIRECTORS APPOINTED ~ It was moved by Greinke, seconded by Saltarelli, to appoint the following to the Tustin Area Senior Center Fund, Inc., Board of Directors: Richard B. Edgar; Ursula E. Kennedy; William A. CITY COUNCIL MINUTES Page 3, 2-18-86 Huston; Margarete Thompson; and Kenneth Hoesterey. Carried 5-0." January, 6, 1986, - Page 8: Included the following official statement for adjournment to a Closed Session: RECESS - CLOSED SESSION - ADJOURNMENT At 9:07 p.m. the meeting was recessed to a Closed Session pur- sUant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which has been initiated formally and to which the City is a party, the title of which is Lopez & Potts vs. City of Tustin, et al, Orange County Superior Court; and thence adjourned to the next regular meeting on January 20, 1986, at 7:00 p.m. by unanimous informal consent. VI. ORDINANCES FOR ADOPTION 1. HAZARDOUS MATERIALS DISCLOSURE ORDINANCE & IMPLEMENTATION PLAN ORDINANCE NO. 964 As recommended in the inter~com dated February 18, 1986, prepared by the Community Development Department, it was moved by Hoesterey, seconded by Edgar, to continue consideration of draft Ordinance No. 964 to March 3, 1986, as follows: ORDINANCE NO. 964 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 5600 TO THE MUNICIPAL CODE ESTABLISHING REQUIREMENTS AND PROCEDURES RELATING TO THE DISCLOSURE OF HAZARDOUS MATERIALS The motion carried 4-0, Greinke absent. 102 2. URGENCY ORDINANCE NO. 965 - REGARDING JOINT POWERS AGENCY - FOOTHILL/EASTERN TRANSPORTATION CORRIDOR As requested by the City Attorney, it was moved by Hoesterey, sec- onded by Saltarelli, to defer the following item to the end of the agenda {see pages 7 and 8}: ORDINANCE NO. 965 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 948 AND THE EFFECTIVE DATE THEREOF Carried 4-0, Greinke absent. 100 VII, NEW BUSINESS 1. AWARD OF CONTRACT - FISCAL YEAR 1985-86 PAVEMENT REHABILITATION & ASPHALT CONCRETE OVERLAY PROGRAM Bids for subject project were received as follows: Blair Paving & Planing, Anaheim $145,575.53 Sully-Miller Contracting Co., Orange $151,493.28 R. J. Noble Company, Orange $152,506.26 Industrial Asphalt, Irwindale $154,004.64 Griffith Company, Santa Ana $161,617.14 It was moved by Edgar, seconded by Hoesterey, to award the contract for subject project to Blair Paving and Planing, Anaheim, in the amount of $145,575.53; and authorize staff to add additional work · to the contract in order to utilize all funds available for street maintenance as recommended by the Engineering Division in the inter-com dated February 11, 1986. Carried 4-0, Greinke absent. 95 2. DONATION TO SOUTH COAST REPERTORY THEATRE - ORAL REPORT As recommended by the City Manager, Council concurred to defer sub- ~ · ject item pending Mayor Greinke s arrival. (See page 5.) CITY COUNCIL MINUTES Page 4, 2-18-86 VIII. REPORTS 1. PLANNING COMMISSION ACTIONS - FEBRUARY 10, 1986 Councilwoman Kennedy commended Community Development Department staff for resolving the satellite dish antenna problem at 17362 Norwood Park Place (Use Permit 86-1 withdrawnby applicant). It was then moved by Hoesterey, seconded by Edgar, to ratify the entire Planning Commission Action Agenda of February 10, 1986. Motion carried 4-0, Greinke absent. 80 2. INVESTMENT SCHEDULE AS OF JANUARY 31, 1986 It was moved by Hoesterey, seconded by Edgar, to receive and file the Investment Schedule as of January 31, 1986, prepared by the Finance Director. Carried 4-0, Greinke absent. 50 3, MAIN STREET ZONING STUDY The Community Development Director presented the staff report and recommendation as contained in the inter-com dated February 18, 1986, prepared by the Community Development Department. The Director recommended maintaining the R-1 zone intact. If Coun- cil wishes, land uses that complement R-1 use could be added by creating an overlay zone, which is a second zone that's "sand- wiched" onto the R-1. The Community Development Director narrated a lot-by-lot slide presentation of the area along Main Street between "C" Street and the Route 55 Freeway. Councilmembers Saltarelli and Hoesterey expressed preference for the matter to be considered through the public hearing process before both the Planning Commission and City Council. The following persons spoke on the matter: Richard Vining, 400 West Main Street, stated he was one of the original petition signers requesting rezoning of properties along Main Street to Professional Office (PR). Mr. Vining stated he is open to some change, however he's in the minority. The majority of residents want zoning left as is. Traffic enforcement on Main Street is still a major problem. He then presented a petition con- taining 109 signatures with a graphic map indicating those con- tacted, those in favor of R-1 only, and those opposed to R-1 only. Jerry Shannon, 455 Pacific Street, pointed out that people i:n fayon of the zone change are absentee landowners. Ed Gage, 405 West Main Street, expressed concern that what Council decides to do and what is implemented seems to always be differ- ent. He stated that Main Street cannot tolerate much change, and to make any changes would leave it wide open to unknowns. Arthur Charleton, resident at 460 West 2nd Street for 51 years, reflected on unsuccessful attempts to vary with land uses along Main Street in the past. He spoke in opposition to a zone change other than R-1. Mayor Greinke arrived at 7:28 p.m. and assumed the Chair. Charles Mitchell, 420 West Main Street, initiator of the zone change request, stated that the problem is that the area is going to change, it is not a residential area, it is not recognized by the State or City as residential, and the 40 mph speed limit is not a residential speed limit. He spoke in favor of a zone change on Main Street to help preserve the historic nature of the area. Mayor Pro Tem Saltarelli stated that when the Gfeller proj*~ct was approved, he thought commitments were made that "B" Street would be the basiclimit of encroachment of professional or commercial-type CITY COUNCIL MINUTES Page 5, 2-18-86 zoning on Main Street. Since State law prohibits "spot" zoning, he suggested the matter be set for public hearing before the Planning Commission and the City Council to allow everyone an opportunity to study the matter thoroughly. Councilman Hoesterey stated that his main concerns are to preserve the historical nature along Main Street and insure that it can be maintained by its residents. He agreed that the public hearing procedure would provide greater input and perhaps new alternatives. Councilman Edgar acknowledged the controversy of the matter. He concurred that allowing community input would be a valuable effort in determining the best way to preserve Main Street's heritage. Councilwoman Kennedy stated that some of the residences on Main Street are historically valuable. The City should take steps to protect them and save them from economics which would force them to be torn down. She suggested an historical overlay zone, and the use of funds for preservation of the area. She concurred that a "small-town" public hearing would be the best way to proceed. She requested that the Police Department enforce compliance with the 40 mph speed limit on Main Street. Council/staff discussion followed regarding the recently-defeated 85th percentlie legislation and speed limit enforcement with the use of radar. Mayor Greinke spoke in favor of leaving Main Street zoned R-1 and not changing the land usage. He did not think economic hardship was sufficient reason for changing zoning. After further discussion, it was then moved by Greinke, seconded by Edgar, to set the matter for public hearing. Councilwoman Kennedy requested that staff provide information on historical preservation to allay the Mayor's concern about taking away property owner's rights. Councilman Saltarelli stated that in addition to zoning, Main Street needs attention in other areas - street resurfacing, street restriping, and making left-turn traffic movements safer for resi- dents. The motion carried 5-0. 109 Mayor Greinke indicated that residents who sign the interest list would receive a public hearing notice. AGENDA~ORDER VII. NEW BUSINESS 2. DONATION TO SOUTH COAST REPERTORY THEATRE - ORAL REPORT Mayor Greinke reported that the City has been requested to become more involved with fine arts in Orange County by the South Coast Repertory Theatre. Tustin uses the South Coast Repertory Theatre through children's activities and training programs, and the Com- munity Services Department. It was then moved by Greinke, seconded by Edgar, to authorize a donation in the amount of $1,000 to South Coast Repertory Theatre for promotional activities, in appreciation for their participation in the training of our youth. The City Attorney responded to Mayor Pro Tem Saltarelli that sub- ject donation is legal. The motion carried 4-1, Saltarelli opposed. 41 CITY COUNCIL MINUTES Page 6, 2-18-86 IX. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Attorney requested a Closed Session regarding litigation matters. 2. OFFICIAL ADJOURNMENT - KENNETH J. CAWTHON Councilman Edgar requested that the Council adjourn in memory of Kenneth Cawthon, Agnes Bacon's brother, who passed away on February 8. He was formerly a member of the Tustin City Council. 3. BOTTLENECK STUDY Councilman Edgar stated that in terms of the Bottleneck Study, some of the options being suggested are not in Tustin's best inter- ests. One is double-decking of the I-5. The other option is that Irvine, Walnut and Moulton Parkway would become "super" streets. It was then moved by Edgar, seconded by Greinke, that Council express its criticism of either the super street solution through Tustin or double decking of the I-5 through Tustin. Council discussion followed. The Director of Public Works added that double decking also includes a portion of the Route 55 (Costa Mesa Freeway) to the 22 Freeway {Garden Grove). He reported that staff will prepare a report discussing the following alternatives: 1} No project; 2) Direct connection freeway from the Foothill Corridor westerly to the 22 Freeway; ~/Arterial alternative (encompasses six or seven arterials); and Freeway improvements (double decking). Councilman Hoesterey stated he was not opposed to the motion. How- ever, he felt it more prudent to state support of a solution rather than opposition to all the alternatives. The motion was withdrawn by the maker and second. Council concurred to agendize the matter for the March 3 meeting. 54 100 4. TUSTIN AUTO CENTER In response to Councilman Edgar, the Community Development Director reported that a loudspeaker system for the Auto Center has not yet been approved by the Planning Commission. An individual paging system (pocket pager) has been approved until a more reasonable~ plan is presented to the Commission for approval. AGENDA ORDER III. COMMUNITY NOTES 2. MISS TUSTIN PAGEANT Mayor Greinke announced the Miss Tustin Pageant to be held on Saturday, February 22, 1986, at 7:00 p.m. sponsored by the Tustin Jaycees. He encouraged everyone to attend the pageant and support the 12 entrants. 41 3. "A SALUTE TO TUSTIN BUSINESSES" On February 25 the Tustin Area Historical Society is sponsoring "A Salute to Tustin Businesses," which dates back to 1910. One of the businesses involves the oldest shoemakers in Tustin. CITY COUNCIL MINUTES Page 7, 2-18-86 4, SOUTHERN CALIFORNIA AQUATICS CLUB The Mayor noted that the Southern California Aquatics Club will host a major swim event at Tustin High School on March 8 - 10. is expected that between 800-1,000 swimmers and their families will be in attendance. The City of Tustin will be extending its greet- ings and a hearty welcome. ~. 5. FINAL BASKETBALL GAME OF SEASON - TUSTIN HIGH VICTORIOUS Mayor Greinke congratulated Tustin High School on its 88-70 victory over E1 Modena on February 14. He noted that Rog Middleton scored 45 points in the final basketball game of the 1985-86 season. IX, OTHER BUSINESS 5. STEVENS SQUARE PARKING STRUCTURE Philip Cox, owner of commercial property on the southeast corner of E1 Camino Real and Main Street, reported on findings of a study he conducted regarding parking congestion in the downtown area and lack of use of the parking structure by downtown merchants and cus- tomers. He presented a petition with 95 signatures requesting that the City provide easier access to the parking structure by constructing a ramp across a lot owned by the City at 450 E1 Camino Real. Mayor Greinke thanked Mr. Cox for his presentation. He was directed to submit his information to the Community Development Director for further revie~ and recommendation on the matter. X. RECESS - REDEVELOPRENT; CLOSED SESSION - RECONVENED At 8:25 p.m. it was moved by Saltarelli, seconded b~Hoestere~, to recess to the Redevelopmerit Agency and thence to a Closed Session for discussion of legal matters. Carried 5-0. Mayor Greinke announced that the City Council will recess tO Closed Session pursuant to Government Code Section 54956.9(a} to confer with the City Attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Lopez and Potts vs. City of Tustin. Additionally, the City Council will recess to Closed Session to confer with the City Attorney retarding pending litigation pursuant to Govern- 6 ment Code Section 5495.9 b}{2). {Based on an existing set of specific facts and circumstances, the City Council of the City is deciding whether the threat of litigation is likely or would be likely if dis- cussed in an open and public meeting.} The meeting was reconvened at 9:28 p.m. with all members present. AGENDA ORDER VI. ORDINANCES FOR ADOPTION s 2. FOOTHILL/EASTERN TRANSPORTATION CORRIDOR - RESOLUTION NO. 86-26 AND URGENCY ORDINANCE NO. 965 It was moved by Edgar, seconded by Hoestere~, to adopt the follow- ing: RESOLUTION NO. 86-26 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN SPECIFYING CERTAIN RESERVED RIGHTS AND ADOPTING A POLICY STATEMENT REGARDING THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY Carried 5-0. CITY COUNCIL MINUTES Page 8, 2-18-86 It was moved by Edgar, seconded by Hoesterey, that OrdinanCe No. 965 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 965 by Councilman No. 965 be introduced. Motion . It was moved by Edgar, seconded by Greinke, that Ordinance No. 965 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 965 by Councilman Edgar, it was moved by Edgar, seconded by Saltarelli that Ordinance No. 965 be passed and adopted as follows: ORDINANCE NO. 965 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 948 AND THE EFFECTIVE DATE THEREOF Roll Call Vote: AYES: Edgar, Greinke, Kennedy, Hoesterey, Saltarelli NOES: None ABSENT: None 100 XI ." ADJOURNMENT At 9:30 p.m. the meeting was adjourned in memory of Kenneth J. Cawthon to the next regular meeting on March 3, 1986, at 7:00 p.m. by unanimous informal consent. MAYOR