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HomeMy WebLinkAboutCC MINUTES 1984 07 02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA JULY 2, 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 Way. The Pledge of Allegiance was led by Councilman Saltarelli, and the Invocation was given by Councilman 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 Eva A. Solis, Deputy City Clerk Donald D. Lamm, Com. Development Director Dale Wick, Assistant City Engineer Charles R. Thayer, Chief of Police Royleen A. White, Dir. of Admin. & Com. Srvcs. Monda Buckley, Administrative Assistant Ronald A. Nault, Finance Director Approximately 25 in the audience III. PUBLIC INPUT None, IV. PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT NO. 84-3A - HOUSING ELEMENT OF THE TUSTIN AREA GENERAL PlAN - RESOLUTION NO. 84-49 The Community Development Director presented the staff report and recommendation as contained in the inter-com dated July 2, 1984, prepared by the Community Development Department. Mayor Kennedy opened the public hearing at 7:05 p.m. There being no speakers on the matter, the public hearing was closed. It was then moved by Edgar, seconded by Hoesterey, to adopt the following: RESOLUTION ltD. 84-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE REVISED HOUSING ELEMENT OF THE TUSTIN AREA GENERAL PLAN Motion carried 5-0. 56 Councilman Edgar noted that Tustin is one of the first Orange County cities to have an updated Housing Element. Mayor Kennedy responded to Councilman Hoesterey that a City Council letter of r'- thanks has been sent to members of the Citizens Advisory Committee I for their work on the draft element The Community Development Director recognized committee members by name and organization· 2. GENERAL PLAN AMENDMENT NO. 84-3B - OPEN SPACE & CONSERVATION ELE- MENT OF THE TUSTIN AREA GENERAL PLAN The Community Development Di rector presented the staff report and recommendation as contained in the inter-com dated July 2, 1984, prepared by the Community Development Department. The public hearing was opened at 7:07 p.m. There were no speakers on the matter. CITY COUNCIL MINUTES Page 2, 7-2-84 It was then moved by Greinke, seconded by Edgar, to continue the open public hearing and consideration of General Plan Amendment No. 84-3b to July16, 1984. Carried 5-0. 56 3. GENERAL PLAN AMENDMENT NO. 84-3C - RECREATION ELEMENT OF THE TUSTIN AREA GENERAL PLAN The staff report and recommendation were presented by the Community Development Director as contained in the inter-com dated July 2, 1984, prepared by the Community Development Department. The public hearing was opened at 7:08 p.m. There were no speakers on the matter. It was then moved by Greinke, seconded by Hoestere~, to continue the open public hearing and consideration of General Plan Amendment No. 84-3c to July 16, 1984. Motion carried 5-0. 56 4. GENERAL PLAN AMENDMENT NO. 84-3D - RESOLUTION NO. 84-52 The Community Development Director presented the staff report and recommendation as contained in the inter-com dated July 2, 1984, prepared by the Community Development Department, and responded to Council concerns relative to density and specific use control. Mayor Kennedy opened the public hearing at 7:20 p.m. Emanuel Aftergut, applicant representative, noted that the property is in the Redevelopmerit Project Area, and described the proposed retirement home for the elderly, whose main feature is a common dining room where meals will be served, in addition to d~ily house- keeping, and a variety of services geared to the elderly and man- aged by an experienced administrator in geriatric practices. There being no other speakers on the matter, the public hearing was closed at 7:29 p.m. Council/staff discussion followed regarding protecting the zone designation to prohibit any multi-family development other than a senior housing facility. In response to Council, the City Attorney stated that unless Council wants to consider having an entirely new zone created, then the only option is to designate it PD, but Coun- cil could create a complete new zone limited to a specifically described type of senior housing. It was then moved by Hoestere , seconded by Greinke, to continue consideration of General Plan ~endment No. 84-3d and the following resolution: RESOLUTION NO. 84-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO RESIDENTIAL MULTIPLE-FAMILY RELATIVE TO THE PROPERTY LOCATED AT 1262 BRYAN AVENUE After further discussion, the motion carried 5-0. 56 5.ZONE CHANGE NO. 84-2 - 1122-1192 LAGUNA ROAD- ORDINANCE NO. 914 The staff report and recommendation was presented by the Community Development Director as contained in the inter-com dated July 2, 1984, prepared by the Community Development Department. Mayor Kennedy opened the public hearing at 7:45 p.m. The ~ollowing person spoke in favor of Zone Change No. 84-2: Steve Garrison, applicant representative. There being no other speakers on the matter, the public hearing was closed. It was moved by Greinke, seconded by Edgar, that Ordinance No. 914 have first reading by title only. CITY COUNCIL MINUTES Page 3, 7-2-84 Councilman Saltarelli stated his satisfaction with the present zoning (C-1) and did not see sufficient staff justification to change from same. Mayor Kennedy stated her opposition to the zone change. After further discussion, the motion carried 5-0. Following first reading by title only of Ordinance No. 914 by the Deputy City Clerk, it was moved by Edgar, seconded by Greinke, that Ordinance No. 914 be introduced as follows: ORDINANCE NO. 914 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REZONING CERTAIN PROPERTIES ON LAGUNA ROAD (ASSESSOR PARCEL NUMBERS 401-064-01 AND 401-064-02) FROM THE RETAIL COMMERCIAL (C-1) DISTRICT TO THE COMMERCIAL GENERAL PLANNED UNIT DEVELOPMENT (CG-PUD) DISTRICT The motion carried 3-2, Kennedy and Saltarelli opposed. 110 6. 1984-85 PRELIMINARY BUDGET & 7, ALLOCATION OF 1984-85 REVENUE SHARING FUNDS The City Manager presented the staff report and recommendation as contained in his inter-com dated June 27, 1984. The public hearing was opened at 7:57 p.m. by Mayor Kennedy. There were no speakers on the matter, and the public hearing was closed. It was moved by Edgar, seconded by Greinke, to continue the public hearings to a workshop on July 9, 1984, at 4:00 p.m. in the City Hall Conference Room. Carried 5-0. (See Other Business, Item 8, Page 7, for further action on this item.) 29 AGENDA ORDER PUBLIC INPUT TUSTIN TILLER DAYS Cherrill Webb, Tustin Tiller Days Committee Chairperson, displayed the new logo for Tustin Tiller Days which was designed by City staff. Ms. Webb reported that the Committee has requested $3,000 from Coors for financial assistance with the entertainment budget, and they will be notified of a decision on July 3. In addition, Ms. Webb reported that contests are planned for the 1984 event, and requested that Council provide judging assistance if called upon. 34 V. CONSENT CALENDAR Items 1 and 9 were removed from the Consent Calendar by Greinke, and Item 10 by Kennedy. It was then moved by Edgar, seconded by Hoesterey, to approve the remainder of the Consent Calendar. Motion carried 5-0. 2. RATIFICATION OF PAYROLL IN THE AMOUNT OF $112,761.39 APPROVAL OF DEMANDS IN THE AMOUNT OF $886,742.03 50 3. THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, ET AL. V. BOARD OF EQUALIZATION OF THE STATE OF CALIFORNIA, ET AL.; USDC NO. DIST. ~ MASTER CONSOLIDATED CASE NO. C 81 4365 SW Authorized the County Counsel of the County of Orange to defend the City of Tustin in the subject action pursuant to Revenue and Taxation Code Section 5149 as recommended by the City Attorney. 40 4. RESOLUTION NO. 84-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, GRANTING EXTENSIONS OF TIME TO COMPLY WITH CERTAIN PROVISIONS OF CATV FRANCHISE SUBJECT TO CERTAIN CONDITIONS Adopted Resolution No. 84-51 as directed by the City Council. 53 5. REJECTION OF CLAIM OF GLENN ROBERT BALDWIN; DATE OF LOSS: 2-15-84; DATE FILED: 5-25-84; CLAIM NO.: 84-10 Rejected subject claim as recommended by the City Attorney. 40 CITY COUNCIL MINUTES Page 4, 7-2-84 6. REJECTION OF CLAIM OF KRISTIE FILLIPPINI; OATE OF LOSS: 3-15-84; DATE FILED: 5-29-84; CLAIM NO.: 84-11 Rejected subject claim as recommended by the City Attorney. 40 7. RESOLUTION NO. 84-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPOINTING LOIS E. JEFFREY AS DEPUTY CITY ATTORNEY. Adopted Resolution No. 84-50 as recommended by the City Attor- ney. 79 8. S,B. 821 BICYCLE/PEDESTRIAN FACILITIES PROJECT APPLICATION Approved subject application for S.B. 821 funds' to construct a sidewalk along the northerly side of McFadden Avenue from 200+ feet easterly of Tustin Village Way to Pasadena Avenue aT directed by the City Council. 86 11. RESOLUTION NO. 84-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 83-1026 LOCATED AT THE SOUTHWESTERLY CORNER OF SIXTH STREET AND "B" STREET Adopted Resolution No. 84-48 as recommended by the Community Development Department. 99 Consent Calendar Item No. 1 - Minutes of June 18, 1984 - Councilman Greinke made a correction to Page 5, Item 4, Paragraph 2} to read as follows: "2) Direct staff to review a City-wide entryway sign plan, including relocation of existing signs, not necessarily tied to the wishing well design." It was then moved by Greinke, seconded by Edgar, to approve the follow- ing with the correction noted above: 1. APPROVAL OF MINUTES - JUNE 18, 1984 The motion carried 5-0. Consent Calendar Item No. 9 - 1984-85 Fire Contract - Councilman Greinke stated subject item was removed from Consent Calendar for emphasis and as a reminder that the cost for fire services has escala- ted drastically and that options for fire protection service should be reviewed and decided upon very rapidly. It was then moved by Greinke, seconded by Edgar, to approve the following: 9. 1984-85 FIRE CONTRACT Approve subject agreement between the City and the County of Orange for fire suppression, prevention and paramedic services through June 30, 1985, subject to the City and County reaching an agreement on the rental rate for Fire Station No. 2 as recommended by the City Manager. Following discussion regarding the rental rate, the motion carried 5-0. 45 84-29 Consent Calendar Item No. 10 - Tustin Boys Club & Foster Art Service Agreement - Mayor Kennedy expressed concern that the City may suffer a loss under the new agreeement. The City Manager explained that the intent of the agreement is to reimburse the Boys Club ($20,000) for the loss of what was to have been provided under the original agreement, i.e., the basketball court. The City would still retain access across the lot for any water well site constructed in the future. Councilman Saltarelli stated concern that the original three-party agreement was never fully met and questioned its validity. He requested staff investigate the original agreement's validity, and whether the City should regain title to the property and refund all monies paid by Foster Art Service. He wondered if not doing so would CITY COUNCIL MINUTES Page 5, 7-2-84 constitute a gift of public funds, since the property was sold at below-market value on the basis that there would be public benefit to the Boys Club, which is now not going to occur. Mayor Kennedy stated that she was concerned at the time of the original agreement, but because the Boys Club was to benefit directly, she voted approval. However, she reminded Council the parcel was appraised for $67,500 and that conditions have changed drastically since Mr. Foster's death. The City Manager indicated staff would review the matter. It was then moved by Kennedy., seconded by Greinke, to continue the following item for further review by legal staff: 10. AGREEMENT BETWEEN BOYS CLUB OF TUSTIN AND FOSTER ART SERVICE Approved subject agreement as suggested by the City Manager. Motion carried 5-0. 45 84-30 VI. ORDINANCES FOR INTRODUCTION See Public Hearing No. 5, Page '2 and 3. VII. ORDINANCES FOR ADOPTION None. VIII. OLD BUSINESS 1. STATUS REPORT ON ALCOHOLIC BEVERAGE LICENSE MORATORIUM The Community Development Director presented the status report and 2 recommendation as contained in the inter-com dated July , 1984, prepared by the Community Development Department. It was then moved by Saltarelli, seconded by Kenned, to adopt te subject report justifying the need to extend h subjec{ moratorium and set a public hearing on July 16, 1984, to adopt a resolution extending the subject moratorium for an additional four months from July 19, 1984. Councilman Greinke expressed his opposition to the motion. The motion carried 4-1, Greinke opposed. 81 IX. NEW BUSINESS - WALK-ON ITEM 1, HISTORICAL DESIGNATION - RALPH RESIDENCE, 1252 IRVINE BOULEVARD - RESOLUTION NO. 84-54 The staff report and recommendation was presented by the Community Development Director as contained in the inter-com dated July 2, 1984, prepared by the Community Development Department. It was moved by Greinke, seconded by Edgar, to adopt the following: RESOLUTION NO. 84-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ESTABLISHING THE RALPH RESIDENCE, 1252 IRVINE BOULEVARD, AS A HISTORIC BUILDING The Community Development Di rector responded to Councilman Salta- relli's concern that the historic building designation grants a degree of special privilege by not requiring strict compliance to Uniform Building Code standards. The Director stated that wherever alternative methods can be implemented to meet normal safety stan- dards they are still required, and this will only be the third structure in Tustin to be designated "historic." The motion carried 5-0. 30 CITY COUNCIL MINUTES Page 6, 7-2-84 X. REPORTS 1. PLANNING COMMISSION ACTIONS - JUNE 25, 1984 It was moved by Edgar, seconded by Greinke, to ratify the June 25, 1984, Planning Commission Action Agenda. Motion carried 5-0. 80 2. COLUMBUS TUSTIN WELL PROJECT STATUS REPORT The Administrative Assistant reported that the contracts have been received, and Stang Hydronics plans to set in place all necessary equipment on July 3, with an estimated start date of July 9, 1984. Councilman Edgar stated he expects a status report for the July 16 Council meeting. 107 3. APPOINTMENT OF PLANNING COMMISSION MEMBERS Mayor Kennedy expressed her delight with the number of applications received thus far. The schedule contained in the July 2, 1984, inter-com prepared by the Community Development Department was acceptable to Council, and there was unanimous informal consent to approve it as follows: July 9, 1984 - Deadline for submittal of letters of interest and qualifications July 16, 1984 - Summary report to Council forwarding applications July 30, 1984 - Conduct an adjourned regular meeting for the pur- pose of publicly interviewing candidates 80 4. REVIEW OF POLITICAL SIGN ORDINANCE REGULATIONS The Community Development Director presented the staff report as contained in the inter-com dated July 2, 1984, prepared by the Com- munity Development Department. Council discussion followed on political sign regulations. Areas of concern included devising a means of controlling sign vandalism, increasing the required bond amount, expanding political sign con- trol to other than just municipal elections, limiting sign dimen- sions in commercial districts, implementing an escalating fine system for each sign that must be removed by City staff, and destroying illegal signs that are removed prior to the election by City staff. There was Council consensus that the matter be referred back to staff for further review of Council concerns. 93 XI. OTHER BUSINESS 1. OLYMPIC TORCH PROCESSION THROUGH TUSTIN Councilman Saltarelli issued a reminder to all that the Olympic Torch will pass through the City on July 26, and he encouraged residents and businesses to observe the event. Council concurred with Councilman Greinke that a proclamation be presented to runners who will carry the Olympic Torch through Tustin. 84 2. COMPLIMENT ON BUDGET PREPARATION Councilman Saltarelli complimented staff on the excellent format in budget preparation. 3, STATE LEAGUE TRANSPORTATION MEETING Councilman Greinke reported on matters discussed at the League State Transportation meeting which he attended in Oakland on June 29. 4. REQUEST FOR CLOSED SESSION Councilman Greinke requested a Closed Session for discussion of legal matters. CITY COUNCIL MINUTES Page 7, 7-2-84 5. APPOINTMENT OF VOTING DELEGATE & ALTERNATE FOR LEAGUE ANNUAL CON- FERENCE In accordance with Councilman Edgar's request, it was ~ Saltarelli, seconded by Hoesterey, to appoint Councilman Greinke as Voting Delegate and Councilman Richard B. Edgar as Alternate for the September, 1984, League Annual Conference to be held in Anaheim. Carried 5-0. 73 ~" 6. I-5 SANTA ANA FREEWAY MODIFICATIONS _ Councilman Edgar reported that specific information will be forth- coming to Tustin officials regarding modifications to the I-5 Santa Ana Freeway. 7. REAFFIRMATION OF TUSTIN SPHERE OF INFLUENCE Councilman Edgar expressed awareness of pressure by the Santiago Municipal Advisory Council (SMAC) to modify Tustin's sphere of influence. It was then moved by Edgar, seconded by Greinke, to reaffirm Tustin's sphere of influence as being in compliance with State law and that there is no intention of modifying same. The motion carried 4-0, Saltarelli abstaining. 24 8. FISCAL YEAR 1984-85 BUDGET Councilman Edgar also complimented staff on budget preparation, noting that there is greater visibility which allows for more care- ful analysis. It was moved by Edgar, seconded by Saltarelli, to authorize operat- ing expenditures at the Fiscal Year 1983-84 level, with the excep- tion of carry-over capital improvements. Carried 5-0. 29 9. PARK & CIVIC CENTER BOND REDEMPTION The Finance Director responded to questions by Councilman Edgar pertaining to the Park and Civic Center Bond Redemption Options. The City Manager indicated staff will report to the City Council when a transaction occurs. 10. FLOOD CONTROL CHANNEL ON ANGLIN DRIVE Councilman Hoesterey requested staff investi gate the 1 etter from a resident on Anglin Drive regarding the County flood control chan- nel behind their home. XII. RECESS - REDEVELOPMENT - CLOSED SESSION; ADJOURNMENT At 8:54 p.m., it was moved by Greinke, seconded by Saltarelli, to recess to the Redevelopment Agency, thence to a Closed Session for dis- cussion of legal matters; and thence adjourn to a budget workshop on July 9, 1984, at 4:00 p.m., and thence to the next regular meeting on July 16, 1984, at 7:00 p.m. Carried 5-0. , " MAYUR CIT~Y CLERK