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HomeMy WebLinkAboutCC MINUTES 1984 10 01 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA OCTOBER 1, 1984 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Kennedy at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Edgar, and the Invocation was given by Mayor Pro Tem Greinke. II. ROLL CALL Councilpersons Present: Ursula E. Kennedy, Mayor Frank H. Greinke, Mayor Pro Tem Richard B. Edgar Ronald B. Hoesterey 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 Robert S. Ledendecker, Dir. of Public Works Captain N. E. Willjams, Police Department Royleen A. White, Di r. of Com. & Admin. Srvcs. Dr. R. Kenneth Fleagle, Planning Consultant Approximately 30 in the audience III. SPECIAL PRESENTATIONS 1, 8TH CONSECUTIVE PEDESTRIAN SAFETY CITATION BY AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA Gene Shaw, District Manager of the Santa Ana Office, presented Mayor Kennedy with the eighth consecutive Pedestrian Safety Cita- tion for 1983, and congratulated Tustin on its outstanding achieve- ment. 84 2. PROCLAMATION - "FIRE PREVENTION WEEK," OCTOBER 7-13, 1984 Mayor Kennedy read and presented a proclamation designating October 7-13, 1984, as "Fire Prevention Week" to Fire Marshall Mike Cate. 84 IV. PUBLIC INPUT 1. SENIOR BED & CARE FACILITY IN R-1 ZONE Gordon R. Lawrence, 17421 Laurie Lane, expressed opposition to, and concern regarding, an eight-bed senior care facility in an R-1 zone at 17441 Laurie Lane which is being processed by applicant Myron Hartwake, Santiago Realtors, and will require structural modifica- tions to the existing residence. Mr. Lawrence suggested an alter- native such as using vacant school facilities for this particular purpose, and he solicited Council's advice/support in the matter. Mayor Kennedy informed Mr. Lawrence of State statutes which tend to preempt local government control of such facilities, which was reiterated by the City Attorney. After Council discussion, it was moved by Greinke seconded b~ Edgar, to direct staff to address a letter to State legislators and Orange County League of Cities expressing concern over the trend away from local control of such facilities, their impact on resi- dential areas, and to seek law changes in Sacramento to specifi- cally limit such facilities to day care for children, or seniors if already enacted, but to insure that it does not go beyond that. Carried 5-0. 81 CITY COUNCIL MINUTES Page 2, 10-1-84 2. WATER BILLING COMPLAINT John Domanic, 12321 Red Hill Avenue, Santa Aria, complained to Coun- cil that his water was shut off and the manner in which it was han- dled by the Finance Director. Mayor Kennedy apologized for any unpleasantness Mr. Domanic may have experienced. She stated Council was gathering the facts and would let Mr. Dominic know the outcome of its investigation on the matter. 107 V. PUBLIC HEARING 1. ORANGE COUNTY SOLID WASTE MANAGEMENT PLAN The public hearing on subject item was opened by Mayor Kennedy at 7:22 p.m. There were no speakers on the matter. As recommended in the inter-com dated September 25, 1984, prepared by the Engineering Division, it was moved by Greinke, seconded by Edgar, to continue the open public hearing to the October 15, 1984, meeting. Carried 5-0. 102 VI. CONSENT CALENDAR Item 7 was deleted from the Consent Calendar by staff, and Item 6 was removed for discussion at the request'of a member of the audience. An abstention on Item I was registered by Greinke. It was then moved b Ed ar, seconded by Hoesterey, to approve the remainder of the~ CaVendar. Carried 5-0. 1. APPROVAL OF MINUTES - SEPTEMBER 17, 1984, REGULAR MEETING (Greinke abstained) 2. RATIFICATION OF PAYROLL IN THE AMOUNT OF $110,210.82 APPROVAL OF DEMANDS IN THE AMOUNT OF $870,775.06 50 3. ACCEPTANCE OF PUBLIC IMPROVEMENTS - TRACT NO, 11586 (East Side of Holt Avenue, South of Warren Avenue) Accepted the public improvements within Tract No. 1~586 and authorized the release of the following bonds: Faithful Per- formance K01530227 in the amount of $17,500.00, Labor and Materials ' K01530227 in the amount of $8,750.00 and Monumenta- tion - K01524793 in the amount of $1,250.00 as recommended by the Director of Public Works/City Engineer. 99 4. RESOLUTION NO. 84-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, TO ENDORSE PROPOSITION 30, THE SENIOR CENTER BOND ACT OF 1984 Adopted Resolution No. 84-78 as recommended by the Director of Community and Administrative Services. 41 5.REQUEST FOR RESTRICTED PARKING DURING STREET SWEEPING OPERATIONS (Utt Drive) Authorized the installation of signing to restrict on-street parking during street sweeping hours 6:00 a.m. to noon on Friday on both sides of Utt Drive between Lance Drive and Bryan Avenue. 75 8. INITIATION OF AN AGREEMENT TO PREPARE A FOCUSED ENVIRONMENTAL IMPACT REPORT (The Irvine Company) Authorized the Mayor and City Clerk to execute the subject agreements with the Irvine Company and Michael Brandman & Asso- ciates, Inc., as recommended by the Community Development Department. 45 84-38; 84-39 9. PROPOSAL FOR PROFESSIONAL CONSULTING SERVICES/SITE EVALUATION FOR TUSTIN SENIOR CENTER Approved Recreation Systems' proposal to complete subject site evaluation at standard hourly rates, not to exceed $1,000, as recommended by the Director of Community and Administrative Services. 45; 84-40 CITY COUNCIL MINUTES Page 3, 10-1-84 Consent Calendar Item No. 6 - Restricted Parking on Pacific and California Streets - Mr. Donald Bierce, Jr., 15642 California Street, spoke in opposition to the following: 6. REQUEST FOR RESTRICTED PARKING DURING STREET SWEEPING OPERATIONS (Pacific Street and California Street between Medallion Avenue and Corla Avenue) Authorize the installation of signing to restrict on-street parking during street sweeping hours 6:00 a.m. to noon on Tuesday on both sides of Pacific Street and California Street between Medallion Avenue and Corla Avenue as recommended by the Director of Public Works/City Engineer. Council/staff discussion followed. It was moved by Edgar, seconded by Saltarelli, to authorize no parking during street sweeping hours 6:00 a.m. to noon on Tuesdays on both sides of Pacific Street between Medal- lion Avenue and Corla Avenue (excluding California Street). After further discussion, a substitute motion was made by Hoesterey, seconded by Saltarelli, that no parking restrictions be implemented at this time and that a new survey be conducted in six months. Motion carried 4-1, Greinke opposed. 75 Consent Calendar Item No. 7 - Permission for Rent Increase - Mayor Kennedy noted deletion of the loll owing item from the Council Agenda with no Council action on the matter: 7. PERMISSION TO LEVY RENT INCREASE (1971Ren Circle) Authorize Mr. Jeffers to increase the rent for 1971-A Ren Circle to an amount he deems appropriate as recommended by the Community Development Department. 81 VII. ORDINANCES FOR INTRODUCTION 1. ADOPTION OF 1982 UNIFORM FIRE CODE WITH AMENDMENTS - ORDINANCE NO. 919 The staff report and recommendation was presented by the Community Development Director as contained in his inter-com dated October 1, 1984. Orange County Fire Marshal Mike Cate responded to Council questions. In accordance with Mayor Pro Tem Gpeinke's concern, Mayor Kennedy suggested that the Fire Department provide information regarding handlingof hazardous materials for publication in "Tustin Today" for the benefit of Tustin residents. It was then moved by Hoesterey, seconded by Edgar, that Ordinance No. 919 have first reading by title only. Councilman Saltarelli expressed concern regarding responsibility placed on tenants and owners fop smoke detector maintenance, to which Fire Marshal Cate responded that the Apartment Owners Asso- ciation was concerned that apartment occupants were not maintaining or were vandalizing smoke detectors, and they felt some burden should be placed on the occupant to notify the owner of any prob- lem. Further discussion followed. The motion for first reading of Ordinance No. 919 carried 5-0. Following first reading by title only of Ordinance No. 919 by the City Clerk, it was moved by Edgar, seconded by Greinke, that Ordi- nance No. 919 be introduced as follows: ORDINANCE NO, 919 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE 1982 UNIFORM FIRE CODE, WITH CERTAIN AMENDMENTS Motion carried 5-0. 51 VIII. ORDINANCES FOR ADOPTION None. CITY COUNCIL MINUTES Page 4, 10-1-84 IX. OLD BUSINESS 1. PROPOSED MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM (M.T. & B.F.P.) The staff report and recommendation were presented by the Director of Public Works as contained in his inter-com dated September 20, 1984. Council discussion followed, and concerns were expressed regarding financing the construction of the Eastern and Foothill Transportation Corridors, inequities of placing the financial burden on new construction and undeveloped areas, proposed devel- oper fees, and the possibility of refusal to participate by any of the seven Orange County cities. It was moved by Greinke, seconded by Edgar, to adopt the following 0 generalized po)icy statements (as adopted by the range County Board of Supervisors and the Orange County Transportation* Commis- sion), subject to implementation of the four areas of concern listed below: 1. Based on existing and future traffic volumes and emerging development patterns, the OCTC and the Board acknowledges the need for the Eastern and Foothill Transportation CorHdors; 2~ Considering financial constraints facing road .builders today, the OCTC and the Board recognizes that transportation develop- ment fees paid by land developers are a necessary and appro- priate part of a financing mix for construction of the Eastern and Foothill Corridors; and 3. The Eastern and Foothill Transportation Corridors are regional in nature and must be planned, financed, and constructed as a cooperative effort by cities, the County of Orange, State and Federal governments, and other responsible representatives of the private sector. Both OCTC and the Board agree to play an active part in this regional transportation effort. Areas of concern: 1. Local agency ability for decision making on all fee program matters. 2.Development of a construction phasing program. 3.Development of a 100% revenue source. 4.Development of a modified AHFP program for participating agen- cies. 5.All Orange County cities should share in the construction cost to varying degrees, dependent upon benefit ratios. 6. Local jurisdictions should have the right to exempt reconstruc- tion, modifications or additions to existing buildings from the fee structure if they so desire. The Director of Public Works stated he would request a County representative to attend the October 29 Council >workshop meeting at 7:00 p.m. for a 30-45 minute presentation on the proposed fee structure. The motion carried 5-0. 101 2. COOPERATIVE PROJECT WITH COUNTY OF ORANGE FOR THE WIDENING OF THE INTERSECTION OF BRYAN AVENUE & MYFORD ROAD As recommended in the inter-com dated September 25, 1984, prepared by the Engineering Division, it was moved by Edgar,, seconded by ~, to appropriate an additional $9,500.00 for subject ~ntersection widening project. Carried 5-0. 95 X. NEW BUSINESS 1. COLUMBUS TUSTIN PARK IMPROVEMENTS The Director of Community and Administrative Services presented the staff report as contained in her inter-com dated September 1984. : CITY COUNCIL MINUTES Page 5, 10-1-84 The following persons spoke in favor of improvements to the area: Bob Davis, 17981Lucero Way George Banks, 17902 Lucero Way Ned Israelson, 17831Lucero Way Council discussion followed. Mayor Kennedy concurred with Council- man Edgar's suggestion to use 1982 Park Bond funding for improve- ments to the site. Councilman Hoesterey noted that site clean-up should be immediately remedied by the Director of Public Works speaking to the con- tractor. Regarding improvements to the site, he suggested explor- ing other funding options, i.e., perhaps combining funds that would not severely impact any other project, staff describing what the different mechanisms of funding are, and developing the entire area as a joint venture with the Tustin Unified School District. He added that the flood control channel gate should be brought imme- diately to the County's attention. Councilman Edgar noted that jointly-funded projects normally take years to complete and that the 1982 State Bond money will be lost if not used within a specified time period. It was moved by Edgar, seconded by Kennedy, to commit to improve- ment of the northern parcel only, between Beneta Way and the Flood Control channel, at an approximate cost of $125,000, to proceed with formal plans, and to search for optimum funding sources that can be decided upon at a future time. In response to Councilman Greinke, the Di rector of Community and Administrative Services and the Director of Public Works provided a breakdown of what the $125,000 estimate covers. COuncil/staff discussion followed. The motion was amended by Edgar, seconded by Kennedy, to direct staff to retain a consultant for design of the project, including the area around the well site, but not necessarily tying the two areas together, and then make a decision on how to appropriate the cost. After further discussion, the amended motion carried 5-0. 41 Councilman Saltarelli brought up the related parking problem at Columbus Tustin. Area residents were informed that the Di rector of Community and Administrative Services will act as contact person on the matter, and a progress report to Council will be on the November 19 agenda. At Councilman Edgar's request, the Director of Public Works pro- vided a status report on the Columbus Tustin Water Well Project. XI. REPORTS 1. PLANNING COMMISSION ACTIONS - SEPTEMBER 24, 1984 It was moved by Hoesterey, seconded by Greinke, to appeal Use Permit No. 84-16 (Tustin Community Hospital). Carried 5-0. 81 It was moved by Saltarelli, seconded by Hoesterey, to appeal Use Permit N 8 (El Camino Plaza Shopping Center). Motion carried O. 4-18 5-0. 81 It was then moved by Saltarelli, seconded by Edgar, to ratify the remainder of the September 24, 1984, Planning Commission Action Agenda. Carried 5-0. 80 2, PLANNING COMMISSION TERMS OF OFFICE Council discussion followed regarding the pros and cons of four- year terms of office versus two-year terms of office. CITY COUNCIL MINUTES Page 6, 10-1-84 It was then moved by Hoesterey, seconded by Kennedy, to maintain the present two-year terms of office with two members initially subject to reappointment in spring, 1986, and the remaining three members subject to reappointment in spring, 1987. After further discussion, the motion carried 3-2, Edgar and Greinke opposed. 80 3. FIXED DATES TO AMEND THE TUSTIN AREA GENERAL PLAN The Community Development Director responded to Mayor Kennedy's questions on the matter. It was then moved by Greinke, 'seconded by Edgar, to receive and file the inter-com dated October 1, 1984, prepared by the Community Development Department on subject item. Carried 5-0. 56 4. GENERAL PLAN ELEMENT AMENDMENTS It was moved by Greinke, seconded by Edgar, that the inter-com dated October 1, 1984, prepared by the ComMunity Development Department on subject matter be received and filed. Motion carried 5-0. 56 S. STATUS REPORT CONCERNING CDBG HOME IMPROVEMENT LOAN PROGRAM As recommended in the inter-com dated September 26, 1984, prepared by the Community Development Department, it was moved by Greinke, seconded by Edgar, to receive and file subject report. 81 Carried XII. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session for discussion of personnel matters. 2. CITY EMPLOYEES' ANNUAL PICNIC Mayor Pro Tem Greinke thanked and commended the Committee on the fine job in organizing the annual picnic. 3. COUNTY REGIONAL PARK PLANS Mayor Pro Tem Greinke expressed concern that the City has not been involved in discussions between The Irvine Company and the County of Orange for a regional park in the upper Peters Canyon area. Councilman Saltarelli stated that although the timing was of sur- prise to Council and staff, the County Master Plan of Parks has contained a regional park since at least 1974, during annexation proceedings before LAFCO. The City Manager responded that staff has conveyed its feelings on the matter in terms of timing, and he suggested that Council take no action on the agreement until its adoption of the Recreation Element of the General Plan. He added that Supervisor Riley's office has given assurance that the matter will not proceed until Tustin's comments are fully considered. Council concurred that consideration be given to a letter being forwarded to County Supervisor Nestande stating Council's feelings on the matter. 68 4. BUSINESS SIGNS IN LANGUAGE OTHER THAN ENGLISH Mayor Pro Tem Greinke expressed concern regarding the increasing number of advertising signs in many cities containing almost no, or very little, English. He suggested a proposal whereby advertising signs would be required to contain English in larger size as the primary language. The City Attorney responded that his office would review the matter and report back on same. CITY COUNCIL MINUTES Page 7, 10-1-84 5. CALTRANS PROPOSED PLANS FOR I-5/ROUTE 55 INTERCHANGE The Director of Public Works responded to Councilman Edgar that he would make available to him for study CalTrans' proposed plans for the I-5/Route 55 Interchange. 6. REMOVAL OF CAMPAIGN SIGNS STILL POSTED In accordance with Councilman Edgar's suggestion, the Community Development Director was requested to address a more firm letter to property owners where campaign signs are still posted. 7. RAILROAD TRACKS ON WALNUT AT CHERRYWOOD In response to Councilman Hoesterey, the Di rector of Public Works reported on the railroad company's removal of tracks on Walnut near Cherrywood and stated he expects to receive a removal schedule in the near future. 8. FREEWAY HAZARDS Mayor Kennedy reported several hazards on the 1-5 freeway within City boundaries, to which the Director of Public Works responded he would report them to CalTrans for correction. XIII. RECESS - REDEVELOPMENT AGENCY; ADJOURNMENT At 9:39 p.m. it was moved by Edgar, seconded by Hoesterey, to recess to the Redevelopment Agency, and thence adjourn to the next regular meeting on October 15, 1984, at 7:00 p.m. Carried 5-0.