Loading...
HomeMy WebLinkAboutCC MINUTES 1985 09 03 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA SEPTEMBER 3, 1985 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Greinke at 7:02 p.m. in the City Council Chambers, 300 Centennial Way. Councilman Edgar led the Pledge of Allegiance, and the Invocation was given by Councilman Salta- ". relli. : . II. ROLL CALL Councilpersons Present: Frank H. Greinke, Mayor Donald J. Saltarelli, Mayor Pro Tem Richard B. Edgar Ronald B. Hoesterey Ursula E. Kennedy Councilpersons Absent: None Othprs Present: William A, Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Donald D. Lamm, Com. Development Director Charles R. Thayer, Chief of Police Robert S. Ledendecker, Dir. of Public Works Royleen A. White, Dir. of Com. & Admin. Srvcs. Monda A. Buckley, Administrative Assistant Earl Rowenhorst, Water Supervisor Approximately 20 in the audience III. PROCLAMATION 1. DECLARING SEPTEMBER 16-21, 1985, "CYSTIC FIBROSIS WEEK" ~ Mayor Greinke read and presented a proclamation to Gary Green declaring the week of September 16-21, 1985, as "Cystic Fibrosis " Week." Mr. Green expressed thanks to the Council. 84 IV. PUBLIC HEARINGS 1. ZONE CHANGE 85-6, 12821 NEWPORT AVENUE - ORDINANCE NO. 944 The staff report and recommendation were presented by the Community Development Director as contained in the inter-com dated September 3, 1985, prepared by the Community Development Depart- ment. The public hearing was opened by Mayor Greinke at 7:07 p.m. There were no speakers on the matter, and the public hearing was closed. It was moved by Kennedy, seconded by Hoesterey, that Ordinance No. 944 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 944 by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 944 be introduced as follows: ORDINANCE lID. 944 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REZONING 12821 NEWPORT AVENUE FROM R-3 {MULTIPLE FAMILY) DISTRICT TO PUBLIC AND INSTITUTIONAL DISTRICT (P&I), AS SHOWN IN EXHIBIT "A" The motion carried 5-0. 110 2. ZONE CHANGE 85-8, 15352 WILLIAMS - ORDINANCE NO. 945 The Community Development Director presented the staff report and recommendation as contained in the inter-com dated September 3, 1985, prepared by the Community Development Department. Mayor Greinke opened the public hearing at 7:09 p.m. There were no speakers on the matter, and the public hearing was closed. CITY COUNCIL MINUTES Page 2, 9-3-85 It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 945 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 945 by the City Clerk, it was moved by Hoestere~, seconded by Edgar, that Ordinance No. 945 be introduced as follows: ORDINANCE NO, 945 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REZONING 15352 WILLIAMS STREET FROM R-4 (SUBURBAN RESIDEN- TIAL) DISTRICT TO MOBILE HOME PARK DISTRICT (MHP), AS SHOWN IN EXHIBIT "A" Carried 5-0. 110 V. PUBLIC INPUT None. VI. CONSENT CALENDAR Item No. 4 was removed from the Consent Calendar by Saltarelli. It was then moved byHoesterey, seconded by Edgar, to approve the remainder of the Consent Calendar. The motion carried 5-0. 1. APPROVAL OF MINUTES - AUGUST 19, 1985 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $271,117.58 RATIFICATION OF PAYROLL IN THE AMOUNTS OF $119,879.47 AND t23,843.41 50 3. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS - PARCEL MAP NO. 83-1027 (SOUTH SIDE OF EL CAMINO REAL [LAGUNA ROAD]) Accepted the public improvements within Parcel Map No. 83-1027 and authorized the release of Faithful Performance Bond No. 01-NAA-010897 in the amount of $19,500.00, Labor and Materials Bond No. 01-NAA-010897 in the amount of $9,750.00, and Monumen- tation Bond No. 01-NAA-010899 in the amount of $640.00 as recommended by the Director of Public Works/City Engineer. 99 5. RESOLUTION NO. 85-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN REPLACEMENT IMPROVEMENTS ON MAIN STREET FROM "C" STREET TO PASADENA AVENUE Adopted Resolution No. 85-91 as recommended by the Engineering Department. 107 6. SURPLUS CITY PROPERTY Designated the Xerox copy machine model 4500 and assorted supplies as surplus items and authorized the Finance Director to solicit bids for the sale of the copy machine and supplies as recommended by the Chief of Police. 87 7, RESOLUTION NO. 85-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 85-287 LOCATED AT 13882 NEWPORT AVENUE Adopted Resolution No. 85-90 as recommended by the Community Development Department. 99 Consent Calendar Item No, 4 - Restricted Parking During Street Sweeping Hours - Mayor Pro Tem Saltarelli expressed opposition to the restricted parking, stating it would pose a great inconvenience to the tenants, aggravate an al ready serious parking problem, and create a greater workload for the Police Department. In response to Councilman Edgar, the Director of Public Works reported that in this particular area along Alliance Avenue, there are three other apartment units that have been posted for nearly three years, which were granted upon the request of either the apartment manager or owner. Staff has not received any comments or concerns from tenants to date. Apartment areas have been most successful for posting restricted parking, there is adequate parking onsite for tenants to park within CITY COUNCIL MINUTES Page 3, 9-3-85 allotted spaces, and he does not foresee a problem with the restricted parking. He concurred with Councilman Edgar's comment that the majority of on-street parking is used basically for convenience. It was then moved by Edgar, seconded by Kennedy, to approve the follow- ing: 4. RESTRICTED PARKING DURING STREET SWEEPING HOURS (HOLIDAY GARDENS APARTHENTS, 15601 TUSTIN VILLAGE WAY) Authorize the installation of signing prohibiting on-street parking during the hours of street sweeping between 6:00 a.m. and 12 noon on Thursday along both Alliance Ave. and Tustin Village Way adjacent to the Holiday Gardens Apartments located at 15601 Tustin Village Way as recommended by the Director of Public Works/City Engineer. Police Chief Thayer indicated citations would not be issued for the first two weeks after sign installation. Carried 4-1, Saltarelli opposed. 75 VII. ORDINANCES FOR INTRODUCTION None. VIII. ORDINANCES FOR ADOPTION 1. CITY COUNCIL COMPENSATION - ORDINANCE HO. 941 It was moved by Saltarelli, seconded by Edgar, that Ordinance No. 941 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 941 by the City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 941 be adopted as follows: ORDINANCE HO. 941 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO COUN- CIL COMPENSATION Roll call vote: AYES: Edgar, Hoesterey, Kennedy, Saltarelli NOES: Greinke ABSENT: None 38 2. PLANNING COMMISSION COMPENSATION - ORDINANCE HO. 942 It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 942 have second reading b t only. Motion carried 5-0. y itle Following second reading by title only of Ordinance No. 942 by the City Clerk, it was moved by Hoesterey, seconded by Kennedy, that Ordinance No. 942 be adopted as follows: ORDINANCE HO. 942 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING SECTION 1514 OF THE TUSTIN MUNICIPAL CODE, TO INCREASE COMPENSATION OF THE CITY OF TUSTIN'S PLANNING COMMIS- SIONERS ROll call vote: AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: None 80 Mayor Greinke commended the Planning Commissioners on the excellent Work they have accomplished to date. CITY COUNCIL MINUTES Page 4, 9-3-85 IX. OLD BUSINESS 1. TENTATIVE PARCEL MAP 85-246, TUSTIN PLAZA SHOPPING CENTER, CARVER DEVELOPENT - RESOLUTION NO. 85-88 {Continued from August 19, 1985) The motion by Saltarelli was withdrawn to adopt Resolution No. 85-88 with the deletion of Item II. 1. d. (additional right-of-way for an acceleration lane). The staff report and recommendation were presented by the Community Development Director as contained in the inter-com dated September 3, 1985, prepared by the Community Development Depart- ment. The Director of Public Works noted that staff received a request from Carver to waive the condition for an acceleration lane at Main Street and Newport Avenue, along with correspondence from two firms indicating subject lane is not necessary. The Director stated that staff addressed subject matter from the time of preliminary site plan review. A response from the developer was never received, it was virtually ignored by the developer until site plan review by Council, at which time the developer stated it was not needed, and the site plan was approved with the acceleration lane deleted. Staff feels very strongly that subject condition should be included on the map. The Director then introduced James Kawamura, the City's consultant traffic engineer, who reiterated staff's concern over the need for an acceleration lane since preliminary site plan review. He stated there is additional documentation regarding design and principles for having the acceleration lane (channelization) at that corner. Mr. Kawamura cited CalTrans standards for such intersections and referred to the acceleration lane as more appropriately being a "merging" lane for vehicles to enter the traffic flow from Main Street onto Newport Avenue. He explained standard engineering practices for such an intersection and read excerpts from the CalTrans highway design manual. He stated that staff basically requested that the developer adhere to those standard engineering design practices at subject site. He cited accident history statistics and present vs. future traffic volumes for Main Street and Newport Avenue. Mayor Pro Tem Saltarelli questioned the need for a similar lane at the corner of Ipvine and Newport, raised concern that traffic would "stack-up" on Newport, and felt such a street design would not be aesthetical at subject intersection. Mr. Kawamura responded that when development plans for this corner come in for review, staff will request similar type of treatment to straighten out the align- ment problem and provide better movement of Irvine Boulevard east- bound traffic to southbound Newport Avenue. Mr. Kawamura, the Community Development Director, and the Director of Public Works responded to Council questions and concerns on the matter. David Neish, representing Carver Development, spoke in favor of the request to waive the acceleration lane on Tentative Parcel Map 85-246. He said the acceleration lane would affect the development economically and modify the aesthetics of the project. Mayor Greinke suggested a two-week continuance. Mayor Pro Tem Saltarelli encouraged Council make a decision this evening. Council/staff discussion followed. The City Manager noted that it will take a minimum of:five weeks to issue building permits for the project and reminded Council that public improvements will be paid with Redevelopment Agency funds. It was then moved by Kennedy, seconded by Greinke, to continue Tentative Parcel Map 85-246 to September 16, 1985. CITY COUNCIL MINUTES Page 5, 9-3-85 Councilman Edgar concurred with Mayor Pro Tem Saltarelli that the safety issue is the most significant el ement. However, he felt the necessity for the acceleration lane is tied to future estimates of traffic volumes on Newport Avenue. He said the real challenge is to have diversion roads around Tustin so that traffic will not cut through the City. He spoke against the motion. The motion to continue carried 3-2, Edgar and Saltarelli opposed. X. NEW BUSINESS 1. AWARD OF JANATORIAL CONTRACTS - CIVIC CENTER COMPLEX & PARKS The Administrative Assistant presented the staff report and recom- mendation as contained in her inter-com dated August 27, 1985. She responded to Council questions. It was moved by Kennedy, seconded by Saltarelli, to award the con- tracts to American Building Maintenance Company as follows: Oanitorial Services, Civic Center Complex - $25,650.00 Janitorial Services, Parks - $8,964.00 The motion carried 5-0. 39; 77 XI. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - AUGUST 26, 1985 It was moved by Hoesterey, seconded b Edgar, to ratify the entire Planning Commission Action Agenda of ~ugust 26, 1985. Carried 5-0. 80 2. COMMUNICOM RATE INCREASE FOR BASIC SERVICES - CABLE TV FRANCHISE In response to the Mayor, the City Attorney stated that it is beyond the City's jurisdiction to prevent CommuniCom from increas- ing their rates as proposed under the 1984 Cable Communication Policy Act. Councilmembers voiced strong criticisms with past and present ser- vice from CommuniCom. They discussed possible means of improving or terminating the franchise. Mayor Pro Tem Saltarelli stated that the free market will decide whether CommuniCom will remain in the cable television business. The Administrative Assistant responded to Council questions. The City Attorney stated he would report back to Council on where CommuniCom has fallen short and what the options are. Council can then evaluate howit wishes to proceed. The Administrative Assis- tant interjected that there has been some response at CommuniCom's management staff level regarding correction of construction prob- lems and submittal of a proposal. 53 2. PROPOSAL OF COMMUNITY CABLEVISION COMPANY FOR BASIC SERVICE RATE INCREASE Subject report dated August 27, 1985, prepared by the Administra- tive Assistant was received and filed by unanimous informal con- sent. 53 AGENDA ORDER WALK-ON ITEM 1. MAJOR THOROUGHFARE & BRIDGE FEE PROGRAM FOR FOOTHILL/EASTERN TRANS- PORTATION CORRIDORS The Director of Public Works presented the staff report and recom- mendation as contained in his inter-com dated August 30, 1985. The Director responded to Council questions. CITY COUNCIL MINUTES Page 6, 9-3-85 Council discussion followed regarding a public hearing date to receive public input on the matter. Mayor Pro Tem Saltarelli spoke in opposition to the program and stated that it is not equitable for Tustin. It was moved by Edgar, seconded by Kennedy, to: 1) Approve the schedule of processing as contained in the inter- com dated August 30, 1985; 2) Set a public hearing date/time for Thursday, October 10, 1985, at 7:00 p.m.; 3) Approve the public hearing notice format; 4) Authorize staff to mail subject public notices; and 5) Authorize a supplemental budget appropriation of $6,500.00 for processing costs, pertaining to the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridors. The motion carried 5-0. 100 Mayor Greinke suggested that Councilman Saltarelli prepare a state- ~ment describing his position on the matter to present to other participating cities. XII. OTHER BUSINESS 1. BIRTHDAY GREETINGS - AGNES BACON Councilman Edgar extended greetings to Agnes Bacon upon celebrating her 80th birthday on September 2, 1985. 2. FREEWAY PLANNING MEETING Councilman Edgar encouraged all Councilmembers to attend the free- way planning meeting scheduled for Saturday, September 21, 1985. It was then moved by Edgar, seconded by Kennedy, to endorse the County Board of Supervisors' resolution in support of subject meet- ing. The motion carried 5-0. 54 3. I-5/SR-55 FREEWAY INTERCHANGE Councilman Edgar noted that in his Transportation Commission material, the formal State Transportation Improvement Program (STIP) tabulation of all Orange County projects does not reflect a change in the I-5/55 Freeway interchange. He stated he would keep the Council informed on the status of same. 54 4. RESCHEDULED COUNCIL MEETING - OCTOBER 10, 1985 It was moved by Edgar, seconded by Hoesterey, to reschedule the October 7, 1985, regular meeting to Thursday, October 10, 1985, at 7:00 p.m. Carried 5-0. 38 5. VOTING DELEGATE - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE It was moved by Edgar, seconded by Kennedy, to designate Mayor Frank H. Greinke as Tustin's voting delegate at the League of California Cities Annual Conference. The motion carried5-O. 38 6. HIGH OCCUPANCY VEHICLE LANES - COSTA MESA (55) FREEWAY In response to Councilman Hoesterey's request, Councilman Edgar provided a status report regarding the Costa Mesa Freeway and the probability of implementing high-occupany vehicle lanes. The Director of Public Works provided additional information on the matter. Councilman Hoesterey requested that the matter be agen- dized for a future meeting. 54 CITY COUNCIL MINUTES Page 7, 9-3-85 7. TUSTIN TILLER DAYS Councilman Hoesterey reminded everyone to attend and support the upcoming Tustin Tiller Days. 8. FOOTHILL/EASTERN TRANSPORTATION CORRIDORS It was moved by Saltarelli, seconded by Hoestere~, to direct staff to contact participating members of the Joint Powers Authority, Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridors; inform them that Tustin's participation is contingent upon modification and flexibility in fees; and request their feedback on the matter. Carried 5-0. 100 9. TUSTIN SENIOR CITIZENS CENTER Councilwoman Kennedy noted that the Steering Committee for a Senior Center has distributed background on the Senior Center to Council- members. She requested that Council review same prior to the next Committee meeting on September 9, 1985, at 5:00 p.m. 41 10. SMOKING ORDINANCE In response to Councilwoman Kennedy, the Director of Community and Administrative Services reported subject item is scheduled for Council consideration on September 16. In accordance with Mayor Greinke's request, Council concurred to consider the matter on October 21, 1985, under a public hearing format. 88 11. ANNEXATION NO. 135 Councilwoman Kennedy brought up the matter of a letter dated August 29, 1985, from County Supervisors Weider and Riley, whereby it was requested that residents affected by Annexation No. 135 be informed of the benefits to being annexed to the City. The Community Development Director reported on the proceedings at which subject matter was considered by the Orange County Board of Supervisors. Council discussion followed. There was informal consensus to respond to County Supervisors on the matter. 24 12. TUSTIN NIGHT - ANAHEIR STADIUM, ANGELS VS. RANGERS Mayor Greinke invited everyone to attend "Tustin Night" at Anaheim Stadium for the California Angels vs. Texas Rangers baseball game. 13. FIRST ANNUAL EXCHANGE PROGRAM GAME Mayor Greinke announced that Tustin High School will play against Kapaa High School, Kauai, Hawaii, on Saturday, September 7, 1985, at 8:00 p.m. in Northfur Field. He encouraged everyone to attend. 14. INDUSTRIAL COMMUNITY MEETINGS Mayor Greinke reported that the first meeting with industrial com- munity members will be held on September 4, 1985, at 5:00 p.m. XV. RECESS - REDEVELOPMENT; ADJOURNMENT At 9:50 it was moved by Hoestere~, seconded by Saltarelli, to recess to the Redevelopmerit Agency, and thence adjourn to the next regular meet- ing on September 16, 1985, at 7:00 p.m. The motion carried 5-0. ~YOR PRO TEM