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HomeMy WebLinkAboutCC MINUTES 1984 11 05 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA NOVEMBER 5, l984 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION .The meeting was called to order by Mayor Kennedy at 7:02 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Mayor Pro Tem Greinke, and the Invocation was given by Councilman Edgar. II. ROLL CALL Councilpersons Present: Ursula E. Kennedy, Mayor Frank H. Greinke, Mayor Pro Tem Richard B. Edgar Ronald B. Hoesterey (7:43 p.m.) Donald J. Saltarelli Councilpersons Absent: None Others Present: James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Donald D. Lamm, Com. Development Director Dale Wick, Assistant City Engineer Monda Buckley, Administrative Assistant Charles C. Thayer, Chief of Police Royleen A. White, Dir. of Com. & Admin. Srvcs. Jeff Kolin, Recreation Superintendent Approximately 18 in the audience III. SPECIAL PRESENTATION Mayor Kennedy acknowledged the presence of Kevin John Marlow, 12-Year Veteran of the City Council of the City of Dunedin, New Zealand. Mayor Kennedy introduced Mr. Marrow to the City Council, the audience wel- comed him with applause, and he was presented with a Tustin City Seal Tile Plaque. Mr. Marlow thanked the Council and gave representations on life in Dunedin. IV. CONTINUED PUBLIC HEARING 1. GENERAL PLAN AMENDMENT 84-4D RECREATION ELEMENT OF THE TUSTIN GENERAL PLAN The Director of Community and Administrative Services presented the staff report and recommendation as contained in her inter-com dated October 30, 1984. The public hearing was opened at 7:14 p.m. Michael LeBlanc, representative from The Irvine Company, spoke on revisions proposed by the Irvine Company to the recreation element and Ordinance No. 907. He recommended that private parks in the element's classification system be defined to include a minimum park size of .5 acre. He also suggested the reverse of staff's recommendation on proportions of community and neighborhood parks, i.e., that park dedication requirements be distributed on the basis of two acres of neighborhood parks to one acre of community parks, .-. placing emphasis on neighborhood parks because they feel that sub- ! : division park dedications should serve the population in which they : are generated. There were no other speakers on the matter, and the public hearing was closed at 7:25 p.m. Council discussion followed. Councilman Greinke was not supportive of the .5 acre park size minimum. Councilman Saltarelli felt the .5 acre minimum provides greater flexibility and that smaller neighborhood parks, maintained by private homeowners' associations, need to be encouraged. CITY COUNCIL MINUTES Page 2, 11-5-84 The Community Development Director responded to Councilman Edgar's questions pertaining to the Planning Commission and City Council involvement in reviewing and approving future park developments. The Director of Community and Administrative Services ~ompared Tustin and Irvine standards for community and neighborhood parks, and she responded to questions on park classification standards and park dedication credit for improvements. Councilman Hoesterey arrived at 7:43 p.m. Mayor Kennedy stated that review of the plan shows the City has compromised on six points, and is opposed on two points. She was not in favor of one-half acre parks. The motion by Kennedy to adopt General Plan Amendment 84-4d, Recreation Element of the General Plan, died for lack of a second. Councilman Greinke proposed that the definition of community parks read ""c~m~Unity parks~re owned and maintained by the City and serve residents of the entire City" so that it does not sound like a private park. The Recreation Superintendent stated that staff sees great need for parks for athletic development in the area and desires the stan- dards as presented in the Recreation Element. It was moved by Greinke, seconded by Kennedy to adopt General Plan Amendment 84-4d, Recreation Element of the General Plan, with Councilman Greinke's proposed definition of community parks. The motion failed 2-3, Edgar, Hoesterey, and Saltarelli opposed, It was then moved by Edgar, seconded by Saltarelli, to retain the standard of three acres per thousand, with one acre per thousand for community parks and two acres per thousand for neighborhood parks, and keep the credit standards for private parks at one acre per thousand. A substitute motion by Hoesterey to leave the dedication to com- munity and neighborhood parks the same but have the one acre for private parks died for lack of a second. Following further discussion, a second substitute motion was made by Edgar, seconded by Saltarelli to approve General Plan Amendment No. 84~4d, Recreation Element ~f the Tustin General Plan, with minimum standards of one acre per thousand for private parks, one- and-one-half acres for community parks, and one-and-one-half acres for neighborhood parks. The motion carried 3-2, Kennedy and Greinke opposed. 56 V. PUBLIC HEARINGS 1.ELEVENTH YEAR APPLICATION - COMMUNITY DEVELOPMENT BLOCK GRANT PRO- GRAM (HCD) The Community Development Director presented the staff report and recommendation as contained in the inter-com dated !November 5, 1984, prepared by the Community Development Department. Mayor Kennedy opened the public hearing at 8:24 p.m. There were no speakers on the matter, and the public hearing was closed. It was moved by Greinke, seconded by Hoesterey, to approve the Eleventh Year CDBG application for Fiscal Year 1985-86 as recom- mended by the Community Development Advisory Board and staff. Following a question-and-answer period, the motion carried 5-0. 81 Mayor Pro Tem Greinke requested that the Mayor send a letter of thanks to members of the Community Development Advisory Board for their work and input on the application. CITY COUNCIL MINUTES Page 3, 11-5-84 AGENDA ORDER XI. REPORTS 2. TUSTIN POLICE DEPARTMENT K-9 PROGRAM - FILM PRESENTATION Officer Paul Wright and K-9 dog Ajax were introduced by Police Chief Thayer. Councilmembers viewed a film on the K-9 Program's effectiveness in the community. ~-~ PDlice Chief Thayer proposed that the Council authorize seeking $10,009 in' ~rivate donat'ions to support ~an additional K-9 Unit, ' with the City contributing the Police Officer, a vehicle, and maintenance ($2,000/year). After a question-and-answer/discussion period, it was moved by Edgar, seconded by Greinke, to approve the concept of ~ third K-9 Unit with'a formal request and specific plans to be pre- sented for Council approval at a future date. Carried 5-0. 82 V. PUBLIC HEARINGS (Continued) 2. ZONING ORDINANCE AMENDMENT 84-3 - ORDINANCE NO. 920 The staff report and recommendation were presented by the Community Development Director as contained in the inter-com prepared by the Community Development Department dated November 5, 1984. The public hearing was opened by Mayor Kennedy at 8:53 p.m. There were no speakers on the matter and the public hearing was closed. It was moved by Saltarelli, seconded by Edgar, that Ordinance No. 920 have first reading by title only. CBrried 5-0. Following first reading by title only of Ordinance No. 920 by the City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 920be introduced 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 Motion carried 4-1, Greinke opposed. 81 3. ZONE CHANGE 84-6 - 17432 & 17442 MITCHELL AVENUE - ORDINANCE NO. 922 Councilman Saltarelli declared a conflict of interest on the matter and registered an abstention. The Community Development Director presented the staff report and recommendation as contained in the inter-com dated November 5, 1984, prepared by the Community Development Department, and he responded to Council questions. Mayor Kennedy opened the public hearing at 9:05 p.m. Mark Ferguson, applicant, spoke in favor of Zone Change 84-6 and responded to Council questions. There were nO other speakers on the matter, and the public hearing was closed at 9:06 p.m. Mayor ~rO!Tem Greinke stated his support of the venture as a pri- vate enterprise project, but not with the use of taxpayer funds for same. It was then moved by Greinke, seconded by Hoesterey, to uphold the findings of the Planning CommisSion, and that Ordinance No. 922 have first reading by title only. The motion carried 4-0, Saltarelli abstained. The City Clerk provided first reading by title only of Ordinance No. 922. CITY COUNCIL MINUTES Page 4, 11-5-84 Councilman Edgar stated that when the South/Central Redevelopment Project Area was created, it was to promote low-cost housing, and he felt this was an excellent vehicle for same. Councilman Hoesterey expressed interest in seeing a presentation to the Redevelopment Agency about the effect on rental rates if the Agency were to make the project improvements vs. the developer making them. Mayor Kennedy was concerned about the 55-year age limit. She stated she would like to know .what age limit other cities are using. She also requested guidelines on whether this is a good use of Redevelopment funds. The City Manager responded that staff would develop guidelines for review at a future Council meeting. It was then moved by Greinke, seconded .by Edgar, that Ordinance No. 922 be introduced as follows: ORDINANCE NO. 922 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, 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 Carried 4-0, Saltarelli abstained. 110 AGENDA ORDER IX. OLD BUSINESS 1. PACIFIC STREET PARKING RESTRICTIONS; REQUEST FOR SIGNAL LIGHT AT McFADDEN & MEDALLION At the request of Jim McLaughlin, Pacific Street resident, this item was taken out of Agenda order and considered by Council at this time. At Mayor Kennedy's request, the Administrative Assistant presented background information on the matter. She noted that out of 22 residents contacted by mail, 15 responded, 10 in favor of parking restriction, and 5 opposed. Mr. McLaughlin requested that Council reconsider its decision to impose the parking restrictions as approved on October 15, 1984. An unidentified person complained that the signs posted restrict parking on Tuesdays, but the streets are swept on Thursdays. The City Council did not reconsider the matter, and staff indicated the signs would be changed to reflect the correct street sweeping day. 75 In response to a resident request for a signal light at McFadden Avenue and Medallion, Council concurred to direct staff to conduct a warrant survey on subject intersection, and residents will be notified when Council will consider same. 94 VI. CONSENT CALENDAR Item 4was removed from Consent Calendar by Kennedy, Item 8 by Salta- relli. Abstentions were registered by Saltarelli on Item 7, and by Greinke on Items 1 {October 29 Minutes) and 10. It was then moved by Edgar, seconded by Greinke, to approve the remainder of the~ Calendar. Carried 5-0. 1. APPROVAL OF MINUTES - OCTOBER 15, 1984, REGULAR MEETING OCTOBER 29, 1984, ADJOURNED REGULAR MEETING (Greinke abstained.) 2. RATIFICATION OF PAYROLL IN THE AMOUNTOF $119,122.90 APPROVAL OF DEMANDS IN THE AMOUNT OF $1,651,670.69 50 CITY COUNCIL MINUTES Page 5, 11-5-84 3. REJECTION OF CLAIM OF JAMES P. YOUNG; DATE OF LOSS: 7/11/84; DATE FILED WITH CITY: 10/8/84; CLAIM NO. 84-23 Rejected subject claim as recommended by the City Attorney. 40 5. RESOLUTION NO. 84-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING TENTATIVE PARCEL MAP 84-1031 LOCATED AT THE CORNERS OF WALNUT AVENUE AT FRANKLIN AND THE FUTURE JAMBOREE ROAD Adopted Resolution No. 84-87 as recommended by the Community Development Department. 99 6. RESOLUTION NO. 84-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, INITIATING PROCEEDINGS AND ORDERING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS GYLAH- WARREN ANNEXATION NO. 134 TO THE CITYOF TUSTIN Adopted Resolution No. 84-92 as recommended by the Community Development Department. 24 7. SANTA ANA VALLEY IRRIGATION CO. (S.A.V.I.) Authorized the Mayor to execute the subject Quitclaim Deeds and directed staff to record same subject to the receipt of the $90.00 transfer fee for each parcel as recommended by the Director of Public Works/City Engineer. {Saltarelli abstained.} 49 9. RENEWAL OF THE ANNUAL PAVEMENT MARKING PROGRAM CONTRACT Renewed the pavement marking contract with J & S Sign Company for an estimated annual cost of $23,588.31 as recommended by the Engineering Department. 95 10. RENEWAL OF THE ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM Renewed the asphalt concrete repair contract with R. J. Noble Company for an estimated annual cost of $167,035.10 as recom- mended by the Engineering Department. {Greinke abstained.} 95 11~ REQUEST FOR RESTRICTED PARKING DURING STREET SWEEPING HOURS (Both sides of Lear Lane westerly of Utt Drive} Authorized the installation of signing to restrict parking along both sides of Lear Lane westerly of Utt Drive during the hours of street sweeping, 6:00 a.m. to noon on Fridays, as r~Commended by the Director of Public Works/City Engineer. 75 12. NEGATIVE DECLARATION ON COLUMBUS/TUSTIN PARK FIELD RENOVATION AND LIGHTING PROJECT Approved the filing of a Negative Declaration for the Columbus/Tustin Park athletic field renovation and lighting project as recommended by the Community Development Department. 77 Consent Calendar Item No. 4 - Tustin Community Hospital, Use Permit No. 84-26 - The iCommunity Development Director reported that Tustin Community Hospital requests the word "outpatient" be struck from Para- graph "R" of Resolution No. 84-86. In response to Councilman HOesterey's concern over specific wording to restrict increasing existing drug and alcohol abuse programs, the City Attorney indicated he would review and provide an opinion on same. He felt there was no problem in deleting "outpatient." Mayor Kennedy expressed concern with deleting the word "outpatient." There was general Council consensus to strike the word "outpatient" from Resolution No. 84.86. It was then moved by Edgar, seconded by Saltarelli, to adopt the following resolution as modified: 4. RESOLUTION NO. 84-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACTING ON AN APPEAL OF THE CITY COUNCIL AFFIRMING THE FINDINGS OF THE PLANNING COMMISSION CONCERNING USE PERMIT NO. 84-16 (TUSTIN COMMUNITY HOSPITAL) Carried 4-1, Kennedy opposed. 81 CITY COUNCIL MINUTES Page 6, 11-5-84 Consent Calendar Item No. 8 - 17th Street Proposed AHFP Project - Councilman Saltarelli stated he did not recall seeing plans for subject project and expressed concern that if it adds more medians on 17th Street, there will be an adverse impact on traffic, citing Newport Avenue and the left-turn lane onto First Street asan example. The Assistant City Engineer responded that the project consists of replacing existin asphalt medians with decorative embossed concrete, repairing ~oncrete curbs and sidewalks, heater remix, asphalt concrete overlay, and traffic striping and signing. The City Manager added that any plans will comeback for Counci~ review and approval, the staff request is for approval of submittal for County inclusion in the AHFP program. It was then moved by Saltarelli, seconded by Kennedy, to adopt the following: 8. RESOtUTION NO. 84-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF SEVENTEENTH STREET BETWEEN THE COSTA MESA FREEWAY AND PROSPECT AVENUE NORTH Motion carried 4-0, Greinke abstained. 95 VII. ORDINANCES FOR INTRODUCTION 1.AMENDMENT TO SUBDIVISION ORDINANCE (PARKLAND DEDICATION) - ORDI- NANCE NO. 921 It was moved by Edgar, seconded by Hoesterey, that Ordinance No. 921 have' first reading by title Only. Carried 5-0. Following first reading by title only of Ordinance No. 921 by the City Clerk, it was moved by Edgar, seconded by Hoesterey,~that Ordinance No. 921 be introduced as follows: ORDINANCE NO. 921 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 7, SECTION 9370, CHAPTER 3, ARTICLE 9 OF THE TUSTIN MUNICIPAL CODE, ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR PARK AND RECREATIONAL LAND IN SUBDIVISIONS Michael LeBlanc, representing The Irvine Company, requested that the ordinance be revised to be consistent with Council action on the Recreation Element provisions, i.e., a minimum of one acre per thousand for private parks, and to provide one or more of the park basic elements listed. The City Attorney stated he would like the opportunity to review the matter. The motion for ordinance introduction waswithdrawnby the maker and second for Council consideration later in the meeting. (See Page 7.) 81 VIII. ORDINANCES FOR ADOPTION None. IX. OLD BUSINESS See Page 4 of these Minutes. X. NEW BUSINESS 1. PURCHASE OF JOHN DEERE 410B BACKHOE As recommended in the inter-com dated dated October 30, 1984, pre- pared by the Engineering Division, it was moved bX Edgar, seconded by Greinke, to authorize the purchase of a John Deere 4lOB backhoe for the Water Division from Eberhard Equipment Company for $24,553.00. Motion carried 5-0. 87 CITY COUNCIL MINUTES Page 7, 11-5-84 XI, REPORTS 1. PLANNING COMMISSION ACTIONS - OCTOBER 22, 1984 In response to Councilman Edgar's desire to appeal Use Permit 84-23 {Home Federal Savings & Loan, Larwin Square Shopping Center}, Mayor Kennedy reported that the applicant has already appealed Planning Commission action on the matter, and it is scheduled for public hearing before the City Council on November 19, 1984. It was then moved by Hoesterey, seconded by Edgar, to approve the OCtober 22, 1984, Planning Commission Action Agenda with the excep- tion of Use Permit 84-23 (Continued Public Hearing Item No. 5). Carried 5-0. 80 Mayor Pro Tem Greinke requested that abbreviations of Commissioner names not be used in the Planning Commission Action Agenda. VII. ORDINANCE FOR INTRODUCTION (Continued from Page 6) 1. AMENDMENT TO SUBDIVISION ORDINANCE - ORDINANCE NO. 921 The City Attorney noted that in accordance with Council action on the Recreation Element of the Tustin General Plan, the following changes should be made to Ordinance No. 921: Page 3, Line 4 -" a minimum of one {1) acre in:size. " Page 6, Line 1 -" a minimum of one (1} acre and.." Page 6, Line 2 -" at least one {1} of the park basic. " Page 6, Line 33 -" . one {1) acre when deemed beneficial:' ." It was then moved by Edgar, seconded by Saltarelli, that the following ordinance be introduced with the above amendments: ORDINANCE NO. 921 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 7, SECTION 9370, CHAPTER 3, ARTICLE 9 OF THE TUSTIN MUNICIPAL CODE, ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR PARK AND RECREATIONAL LAND IN SUBDIVISIONS The motion carried 3-2, Kennedy and Greinke opposed. 81 XII. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session for discussion of personnel matters. 2. INDOOR RECREATION FACILTIES Mayor Pro Tem Greinke commended the Director of Community and Administrative Services and the Recreation Superintendent for their professionalism. He requested that they look into new concepts for indoor recreation facilities and semi-public/private ventures, such as the YMCA and YWCA, in an effort to deal with the dilemma of high-priced land. 41 3. TOXIC WASTE DUMP CLOSURE Mayor Kennedy reported that Orange County's only hazardous waste dump has closed and noted that Tustin has seven companies with a need for such a facility. She requested that staff assist those companies in locating the nearest toxic dump and insure that there is no dumping of hazardous waste into the City sewer system. 102 XIII. RECESS - REDEVELOPMENT; CLOSED SESSION - RECONVENED At 9:54 p.m. it was moved by Greinke, seconded by Edgar, to recess to ameeting of the Redevelopment Agency, and thence to a Closed Session for discussion of personnel matters. Carried 5-0. CITY COUNCIL MINUTES Page 8, 11-5-84 The meeting was reconvened at 12:15 a.m., November 6, 1984, with all members present. XIV. ACTION FROM CLOSED SESSION - BUILDING OFFICIAL SALARY It was moved by Saltarelli, seconded by Hoesterey, to approve the classification for Building Official with a salary range of $2550-$3100 per month as recommended by the City Manager. Carried 5-0. 79 XV. ADJOURNMENT The meeting was adjourned at 12:16 a.m., November 6, 1984, to the next regular meeting on November 19, 1984, at 7:00 p.m. by unanimous infor- mal consent.