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HomeMy WebLinkAboutCC MINUTES 1984 11 19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA NOVEMBER 19, 1984 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Kennedy at 7:01 p.m. in the City Council Chambers, 300 Centennial Hay. --- The Pledge of Allegiance was led by Jason Ham, Member of Boy Scout : Troop No. 819. Members of the Troop and their sponsors were present. The Invocation was given by Councilman Hoesterey. II. ROLL CALL Councilpersons Present: Ursula E. Kennedy, Mayor Richard B. Edgar Ronald B. Hoesterey Donald J. Saltarelli Councilpersons Absent: Frank H. Greinke, Mayor Pro Tem Others Present: James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Donald D. Lamm, Com. Development Director Robert S. Ledendecker, Dir. of Public Works Captain Fred Wakefield, Police Department Royl een A. White, Di r. of Com. & Admin. Srvcs. Jeff Kolin, Recreation Superintendent Approximately 108 in the audience III. PROCLAMATIONS Members of the Tustin Tiller Days Committee were each presented with a proclamation for their work on the Tiller Days Street Faire. Committee Chairperson Chefrill Webb expressed words of thanks to the Committee :- and shared two picture albums of Tiller Days with Councilmembers. 84 RECESS - CLOSED SESSION RECONVENED The City Council recessed at 7:09 p.m. to a Closed Session for discus- sion of legal matters. The meeting was reconvened at 7:20 p.m. with Councilman Greinke absent. IV. PUBLIC HEARINGS 1. REVOCATION HEARING FOR USE PERMIT 80-21: WINDSOR GARDENS APART- MENTS, 1651 MITCHELL AVENUE The Community Development Director presented the staff report and recommendation as contained in the inter-com dated November 19, 1984, prepared by the Community Development Department. The Community Development Director responded to Councilman Edgar --- that should Council continue the matter under open public hearing, there is no requirement to readvertise and renotice. Should Council close the public hearing and direct staff to readvertise for the February 18 meeting, staff would renotice all neighbors and the property owners to that effect. Mayor Kennedy opened the public hearing at 7:24 p.m. There were no speakers on the matter. It was moved by Saltarelli, seconded by Edgar, to continue the open public hearing to February 18, 1985. CITY COUNCIL MINUTES Page 2, 11-19-84 Councilman Hoesterey expressed concern that the project be closely monitored to insure that work continues steadily towards comple- tion, and he suggested that the applicant appear before Council to present intermittent progress reports. A substitute moti on was made by Hoesterey, seconded by Kennedy, to continue the public hearing to December 17, with a progress report to Council every other meeting until the project is completed. The substitute motion carried 4-0, Greinke absent. 43 2. APPEAL OF USE PERMIT 84-23 - HOME FEDERAL SAVINGS & LOAN, LARWIN SQUARE SHOPPING CENTER The staff report was presented by the Community Development Direc- tor as contained in the inter-com dated November 19, lg84, prepared: by the Community Development Department. Slides of the proposed project site were viewed by Councilmembers. The public hearing was opened by Mayor Kennedy at 7:33 p.m. Don Iler, project architect representing Danielson Design Group, spoke in favor of Use Permit 84-23, Alternative No. 3, which they feel mitigates all City concerns and the shopping center owner's concern that eliminating exiting ability in front of Von's would be detrimental to certain areas. Mr. Iler stated that they are open to meeting with staff to work out engineering details, etc. There were no other speakers on the matter, and the public hearing was closed at 7:35 p.m. Councilman Edgar stated that he finds the project's traffic circu- lation as presented is unacceptable. CouncilmembersHoesterey, Saltarelli, and Kennedy concurred. Catherine Divine, project traffic engineer, described how traffic would circulate in and out of the center from the Newport/Bryan entrance under Alternative No. 3, and she responded to Council questions. It was moved by Edgar, seconded by Noesterey, to deny Use Permit 84-23 due to poor traffic circulation, ingress/egress impediments on Newport and Bryan Avenues, intensification of the project block- ing buildings, and to allow the applicant to submit a new proposal at a new center location. Following Council discussion, the motion carried 4-0, Greinke absent. 81 V. PUBLIC INPUT 1. TREE DAMAGE TO SIDEWALKS & CURBS Michelle Layin, 14631 Mimosa Lane, questioned the financial feasi- bility of the City repairing the sidewalk and curb in front of her residence, when the tree will most likely cause the same damage to the new sidewalk and curb. Mayor Kennedy requested that the Director of Public Works investi- gate Mrs. Lavin's case and report back to Council with a finan- cially responsible decision, and advise Mrs. Lavin of same. 95 AGENDA ORDER VX. CONSENT CALENDAR 10 & 12. REQUEST FOR RESTRICTED PARKING DURING STREET SWEEPING OPERATIONS (SAN JUAN STREET, MYRTLE AVENUE, MITCHELL AVENUE, ROSELEAF AVENUE, PACIFIC STREET, MIMOSA LANE) Bruce Traywick, 14651 Pacific Street, requested that this item be considered at this point in the meeting. Mr. Traywick spoke in opposition to the proposed parking restric- tions during street sweeping hours due to the unsightliness of the signs along residential streets, inconvenience to residents, and costs involved. CITY COUNCIL MINUTES Page 3, 11-19-84 Mayor Kennedy commented that the matter of parking restrictions during street sweeping hours generates great interest, and she noted that the majority of residents polled are in favor of same. The Mayor thanked Mr. Traywick for his comments. Leah and Captain Raymond Callahan, 14641 Mimosa Lane, spoke in opposition to the proposed parking restrictions. Councilman Saltarelli stated the proposed restriction's good is outweighed by the aggravation it causes residents. In response to Mayor Kennedy's suggestion that street sweeping be done on alternate streets on alternate days, the Director of Public Works responded that staff is presently conducting a study on same, 8nd completion is anticipated in four to six weeks. The Director suggested that Consent Calendar Items 10 and 12 be held in abeyance until completion of the study. It was then moved by Hoesterey, seconded by Kennedy, to continue Consent Calendar Items 10 and 12 pending completion of the study, as follows: 10. REQUEST FOR RESTRICTED PARKING DURING STREET SWEEPING OPERA- TIONS (SAN JUAN STREET, MYRTLE AVENUE, MITCHELL AVENUE) Authorize the installation of signing to restrict on-street parking on the following streets during the hours of street sweeping, 6:00 a.m. to noon on designated days as recom- mended by the Director Works/City Engineer: 15962 and 16002 Myrtle Avenue {Monday) 1777 Mitchell Avenue {Monday) Northerly side of San Juan Street between Redhill Avenue and 620 ± feet easterly (Thursday} 12. REQUEST FOR RESTRICTED PARKING DURING STREET SWEEPING HOURS (ROSELEAF AVENUE, PACIFIC STREET, MIMOSA LANE) Authorize the installation of signing to restrict on-street parking on the following streets during the hours of street sweeping, 6:00 a.m. to noon on Fridays as recommended by the Director of Public Works/City Engineer: Roseleaf Avenue between Yorba Street and Mimosa Lane Pacific Street northerly of Roseleaf Avenue Mimosa Lane between Vinewood Avenue and northerly of Roseleaf Avenue The motion carried 4-0, Greinke absent. 75 David Lavin and Dale Hickson relayed incidents relative to street sweeping. V. PUBLIC IllPUT 2. REVENUE SHARING FUNDING RECOMENDATIONS Nick Ogden, TLC, requested that the staff report dated November 9, 1984, titled "Revenue Sharing Funding Recommendations" should be amended to indicate that Feedback Foundation/Project Homebound will receive the $3,000 allocation, which is funded and administered separately from TLC. Staff indicated the change would be. reflected ~ in the contract documents. 29 3. PARKING RESTRICTIONS BOb Ritter, 17361 Roseleaf Avenue, spoke in opposition to con- tinuing consideration of the proposed restricted parking pending completion of a study on alternating street sweeping days, and encouraged Council to approve the proposed parking restrictions. The City Clerk clarified that Council had voted to continue the matter, and the Mayor thanked Mr. Ritter for his comments. Council requested that all persons who have responded or expressed interest on the issue be notified when the matter is scheduled to come back for Council consideration. 75 CITY COUNCIL MINUTES Page 4, 11-19-84 VI. CONSENT CALENDAR Items 10 and 12 were deleted from the Consent Calendar (see pages 2 and 3); Items 7 and 11 were removed by Edgar. It was then moved by Salta- relli, seconded by Hoesterey, to approve the remainder of the Consent Calendar. Carried 4-0, Greinke absent. 1. APPROVAL OF MINUTES - NOVEMBER 5, 1984 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,276,248.59 RATIFICATION OF PAYROLL IN THE AMOUNT OF $115,825.50 50 3.RESOLUTION NO. 84-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A DEFERRED COMPENSATION PROGRAM Adopted Resolution No, 84-95 as recommended by the City Clerk, 79 4, L. P. REPERTORY PRODUCTION Approved the 1985 subject agreement with L. P, Repertory Com- pany as recommended by the Recreation Superintendent. 45 84-44 5. COLLECTION AGREEMENT FOR SEWER CONNECTION CHARGES Authorized the Mayor to execute the subject agreement for collection of sewer connection charges attributed to County Sanitation District No. I within the Tustin City limits subject to the City Attorney's final approval as recommended by the Director of Public Works/City Engineer, 45 84-45 6. SANTA ANA VALLEY IRRIGATION COMPANY (S,A,V.I,) Authorized the Mayor to execute the subject Quitclaim Deed and directed staff to record said document subject to the receipt of the $90.00 transfer fee as recommended by the Director of Public Works/City Engineer. 49 8. RESOLUTION NO. 84-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE REVISED RECREATION ELEMENT OF THE TUSTIN AREA GENERAL PLAN Adopted Resolution No, 84-96 as approved by the City Council. 56 9. RESOLUTION NO. 84-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP 12106 Adopted Resolution No. 84-94 as recommended by the Community Development Department. 99 13. RELEASE OF IMPROVEMENT BONDS (WALNUT AND NEWPORT AVENUES) Accepted the sidewalk improvements along Newport and Walnut Avenues at the northeasterly corner and authorized :the release of Bond #2062711 in the name of GLA Development and Kan as recommended by the Director of Public Works/City Engineer. 95 Consent Calendar Item No. 7 - Traffic Signal Installation/Modification at Various Locations - The Director of Public Works responded to Councilman Edgar that staff's recommendation is based on minimal cost, and there are other streets which would be more beneficial to hardwire for the interconnect system when traffic counts increase substantially on Walnut. He added that staff is close to suggesting hardwiring other locations. s It was then moved by Edgar, seconded by Hoesterey, to adopt the follow- ing: 7. RESOLUTION NO. 84-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION & MODIFICATION OF TRAFFIC SIGNAL IMPROVEMENTS AT VARI- OUS INTERSECTIONS AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Motion carried 4-0, Greinke absent. 94 CITY COUNCIL MINUTES Page 5, 11-19-84 Consent Calendar Item No. 11 -Pavement Rehabilitation and Asphalt Con- crete Overlay Program - The Director of Public Works responded to Councilman Edgar that staff would provide him with a list of streets to I:be worked on and what alternatives are forthcoming if bids submitted · are lower than the Engineer's estimate. It was then moved by Edgar, seconded by Hoesterey, to adopt the following: 11. RESOLUTION NO, 84-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CITY OF TUSTIN FISCAL YEAR 1984-85 PAVEMENT REHABILITATION AND ASPHALT CONCRETE OVERLAY PROGRAM AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS The motion carried 4-0, Greinke absent. 95 VII. ORDIItRNCES FOR INTRODUCTION 1, ESTABLISHING PROCEDURES & REOUIREMENTS FOR CONSIDERATION OF DEVEL- OPMENT AGREEMENTS - ORDINANCE NO. 923 The staff report and recommendation were presented by the Community Development Director as contained in the inter-com dated November lg, 1984, prepared by the Community Development Depart- ment. It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 923 have first reading by title only. Carried 4-0, Greinke absent. Following first reading by title only of Ordinance No. 923 ~by the City Clerk, it was moved by Saltarelli, seconded by Hoesterey, that Ordinance No. 923 be introduced as follows: ORDINANCE NO. 923 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING PROCEDURES AND REQUIREMENTS FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS Following a brief question-and-answer period, the motion carried 4-0, Greinke absent. 81 VIII. ORDINANCES FOR ADOPTION 1. ADOPTION OF THE 1982 UNIFORM FIRE CODE - ORDINANCE NO, 919 The Community Development Di rector presented the staff report and recommendation as contained in the inter-com dated November 19, 1984, prepared by the Community Development Department. It was moved by Hoesterey, seconded by Kennedy, that Ordinance No. 919 have second reading by title only. MOtion carried 4-0, Greinke absent. Following second reading by title only of Ordinance No. 919 by the City Clerk, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 919 be adopted as follows: ORDINANCE NO. 919 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE 1982 UNIFORM FIRE CODE, WITH CER- TAIN AMENDMENTS Councilman Saltarelli expressed thanks to County Fi re Department !personnel for attending Council meetings to answer questions on the matter. Fire Marshal Michael Cate responded to Council questions and concerns relative to the proposed ordinance and the 1982 Uni- form Fire Code. Councilman Saltarelli stated he could not support the ordinance as it places too many inequities on the total com- munity. Roll call vote: AYES: Edgar, Hoesterey, Kennedy NOES: Saltarelli ABSENT: Greinke 51 CITY COUNCIL MINUTES Page 6, 11-19-84 2, ZONING ORDINANCE AMENDMENT 84-3 - ORDINANCE NO. 920 It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 920 have second reading by title only. Carried 4-0., Greinke absent. Following second reading by title only of Ordinance No. 920 by the City Clerk, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 920 be passed and adopted as follows: ORDINANCE NO. 920 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 84-3 THEREBY AMENDING SECTIONS 9232b(p), 9233C(V), 9234C(10), 9235C(dd), 9242b(g) AND 9297 OF THE TUSTIN MUNICIPAL CODE, TO REQUIRE THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR ANY BUSINESS WHICH SELLS ALCOHOLIC BEVERAGES ROll call vote: AYES: Edgar, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: Greinke 81 3. ZONE CHANGE 84-6 - 17432 & 17442 MITCHELL AVENUE - ORDINANCE 922 Councilman Saltarelli declared a conflict of interest and regis- tered an abstention on the matter. It was moved by Edgar, seconded by Hoesterey, that Ordinance No. 922 have second reading by title only. Carried 3-0, Greinke absent, Saltarelli abstained. Following second reading by title only of Ordinance No. 922 by the City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 922 be passed and adopted as follows: ORDINANCE NO. 922 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 84-6 FOR THE PROPERTY LOCATED AT 17432 & 17442 MITCHELL AVENUE, TUSTIN, CALIFORNIA, FROM R-3 - 2,000 MULTIPLE FAMILY RESIDENTIAL TO PC-MF PLANNED COMMUNITY MULTIPLE FAMILY Mark Ferguson, zone change applicant, presented a letter to Council requesting amendments to the conditions of approval for Zone Change 84-6. Council/staff discussion followed. Mr. Ferguson indicated a pref- erence that Council approve the ordinance as is, in lieu of con- tinuing the matter and delaying the project. Roll call vote: AYES: Edgar, Kennedy, Hoesterey NOES: None ABSENT: Greinke ABSTAINED: Saltarelli 110 4. AMENDMENT TO SUBDIVISION ORDINANCE (PARKLAND DEDICATION) - ORDI- NANCE NO. 921 As requested by the City Attorney, it was moved by Saltarelli, sec- b onded by Hoesterey, to continue to Decem er 3, 1984, consideration of the following: ORDINANCE NO. 921 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 7, SECTION 9370, CHAPTER 3, ARTI- CLE 9, OF THE TUSTIN MUNICIPAL CODE, ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR PARK AND RECREA- TIONAL LAND IN SUBDIVISIONS The motion carried 4-0, Greinke absent. 81 IX. OLD BUSINESS None. CITY COUNCIL MINUTES Page 7, 11-19-84 X. NEW BUSINESS 1. NORTH COLUMBUS-TUSTIN PARK DESIGN CONSULTANT The staff report and recommendation were presented by the Recrea- tion Superintendent as contained in his inter-com dated November 8, 1984. It was moved by Saltarelli, seconded by Hoesterey, to autho- rize the Mayor and City Clerk to execute an agreement with Recrea- tion Systems, Inc., Fullerton, for the design of North Columbus- Tustin Park for an amount not to exceed $9,200.00. As requested by the City Manager, and with approval of the motion maker and second, the motion was amended to include an appropria- tion of $9,200.00 from the General Fund reserve to cover costs. The motion and amendment carried 4-0, Greinke absent. 45 84-46 2. REVENUE SHARING FUNDING RECOMMENDATIONS As recommended in the inter-com dated November 9, 1984, prepared by the Director of Community and Administrative Services, it was moved by Hoesterey, seconded by Edgar, to approval the funding le{ listed below, for Fiscal Year 1984-85 Revenue Sharing to community non-profit groups as follows: Assessment Treatment and Services Center $10,000.00 Boys and Girls Club of Tustin 7,765.00 Feedback Foundation/Project Homebound 3,000.00 Bartlett Center/Meals on Wheels 5,000.00 COPES, Child or Parent Emergency Services, Inc. 10,000.00 Lestonnac Clinic 2,000.00 The Villa 635.00 Family Services Association 1,600.00 ...,, The motion carried 4-0, Greinke absent. 29 45; 84-47 thru 84-54 3, PURCHASE OF COMPUTER SYSTEM Following consideration of the inter-com dated November 13, 1984, prepared by the Chief of Police, it ws moved by Hoesterey, seconded by Edgar, to authorize expenditure of $102,110.57 for purchase of Police Department computer and related equipment from Hewlett Pack- ard Corporation. Motion carried 4-0, Greinke absent. 87 4, AWARD OF BID - "B" STREET HCDA STREET & STORM DRAIN IMPROVEMENTS Bids for subject project were received on November 16, 1984, as follows: Griffith Company, Santa Aria $ 94,700.67 Walsh Engineering Company, Anaheim $ 99,338.45 Sully-Miller Company, Orange $104,863.00 R. J. Noble Company, Orange -- $106,400.45 Pursuant to the recommendation contained in the in{er-com dated November 16, 1984, prepared by the Engineering Division; it was moved by Hoesterey, seconded by Edgar, to award the contract for subject project to the low biddger, Griffith Company, Santa Ana, in the amount of $94,700.67. Motion carried 4-0, Greinke absent. 95 ~ XI. REPORTS 1. PLANNING COMMISSION ACTIONS - NOVEMBER 13, 1984 It was moved by Edgar, seconded by Saltarelli, to appeal Zone Change 84-7 (1372 Irvine Boulevard) and approve the remainder of the November 13, 1984, Planning Commission Action Agenda. The motion carried 4-0, Greinke absent. 80 XII. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session for personnel matters. CITY COUNCIL MINUTES Page 8, 11-19-84 2. QUARTERLY FINANCIAL REPORT The City Manager stated that the Quarterly Financial Report will be presented on the December 3, 1984, Council Agenda. 3. BULLET TRAIN Councilman Saltarelli commended staff for their excellent work on the Bullet Train. Council concurred to forward commendations to community leaders who assisted the City on the project. 4. REQUEST FOR PROCLAMATIONS - TUSTIN JAYCEES Councilman Edgar requested that proclamations be presented to the Tustin Jaycees for their work on the Tustin Tiller Days Parade. 84 5. NINTH ANNUAL EMPLOYEE AWARDS BANQUET Mayor Kennedy expressed appreciation to staff for their work on the Ninth Annual Employee Awards Banquet. XIII. RECESS - REDEVELOPMENT; CLOSED SESSION - RECONVENED At 9:24 p.m. it was moved by Hoesterey, seconded by Edgar, to recess to lose Session a meeting of the Redevelopment Agency, and thence to a C d for discussion of personnel matters. Carried 4-0, Greinke absent. The meeting was reconvened at 11:00 p.m. with Councilman Greinke absent. XXV. ACTION FROM CLOSED SESSION - ADMINISTRATIVE APPEAL OF LAMARCHE It was moved by Hoesterey, seconded by Edgar, to adopt a minute order directing the issuance of 10 subpoenaes for ~itnesses to appear at the hearing of the administrative appeal of Michael LaMarche and that the Mayor and City Clerk be authorized and directed to sign said sub- poenaes. Carried 4-0, Greinke absent. 79 XV. ADJOURNMENT The meeting was adjourned at11:02 p.m. to the next regular meeting on December 3, 1984, at 7:00 p.m. by unanimous informal consent.