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HomeMy WebLinkAboutCC MINUTES 1983 11 07 MINUTES OF A REGULAR MLEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA NOVEMBER 7, 1983 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Hoesterey at 7:01 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Mayor Pro Tem Kennedy, and the Invocation was given by Counci 1 man Grei nke. II. ROLL CALL Councilpersons Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar Frank H. Greinke Donald J. Saltarelli Council persons Absent: None Others Present: James G. Rourke, City Attorney William A. Huston, City Manager Mary E. WJmn, City Clerk Donald D. Lamm, Corn. Development Director Ronald A. Nault, Director of Finance Charles R. Thayer, Chief of Police Robert S. Ledendecker, Dir. of Public Works Mary Ann Chamberl ai n, Associ ate P1 anner Ken F1 eagl e, P1 anning Consul tant Approximately 50 in the audience III. PUBLIC INPUT 1. SYCAMORE & CARFAX INTERSECTION TRAFFIC HAZARDS Ron Massengill, 1201 Drayton Avenue, stated that the intersection of Carfax and Sycamore is a traffic hazard and suggested the place- ment of a four-way stop sign and red zoning the northwest corner. Mr. ~lassengill presented photos of subject intersection. After brief discussion, it was moved by Greinke, seconded by Edgar, to direct staff to review the possibility of red zoning the north- west corner of Carfax and Sycamore, and report back on whether it would resolve safety problems at subject intersection. Carried 5-0. 94 2. BUSINESS LICENSE FEES A member of the audience was informed by Mayor Hoesterey that sub- ject item would be considered under Public Hearing No. 3. The City Manager clarified that staff is not proposing to discuss the busi- ness license fee structure, but rather administrative changes to the ordinance, and it is anticipated that business license fees will be agendized for the November 21, 1983, meeting. 31 3. TRAFFIC SIGNAL OPERATIONS William Fox, 14511 Clarissa Lane, reported that the traffic moni- toring s3~tem at Irvine Boulevard and Holt Avenue does not seem to ~ be functioning properly. The Mayor requested that the Director of Public Works investigate same and report back. Additionally, Coun- cilman Greinke requested that the intersections of Newport Avenue and Main Street, and Irvine Boulevard <and Prospect, be reviewed. 94 IV. PUBLIC HEARINGS 1. APPEAL OF USE PERMIT 83-20 - TOWNHOMES AT HOLT & WARREN AVENUES - APPLICANT RICHARD PIERCE The Community Development Director presented the staff report as contained in the inter-com dated November 7, 1983, prepared by the Community Development Department. CITY COUNCIL MINUTES Page 2, 11-7-83 Slides of the project site were viewed by Councilmembers. Mayor Hoesterey opened the public hearing at 7:19 p.m. The follow- ing persons spoke on the matter: Richard Pierce, 14771 Plaza, project applicant, spoke in favor of the appeal, and requested that the project be approved for 18 town- homes, versus the 16 approved by the Planning Commission. William McNiff, 14411Clarissa Lane, stated his concerns over traf- fic exiting onto Warren Avenue from the project and expressed appreciation to the City and developer for their efforts on the matter. Patricia Thel en, 14442 Holt Avenue, relayed traffic problems on Warren Avenue. William Fox, 14511Clarissa Lane, thanked the Council for appealing the Use Permit and stated that no one is opposed to apartments in the area per se, but rather the additional traffic problems the project will generate if the project driveway exits onto Warren Avenue. Roberta Arnold, 14321Clarissa Lane, expressed appreciation for the appeal, and was informed that the townhouse roofs must be fire retardant. Myron T. Nichols, 14521 Clarissa Lane, spoke in opposition to the Use Permit, primarily the project's exit driveway onto Warren Avenue. John Jamieson, 14522 Clarissa Lane, spoke in opposition to the pro- ject's exit driveway onto Warren Avenue, but had no objection to the 18 proposed townhouse units. There being no other speakers on the matter, Mayor Hoesterey closed the public hearing at 7:39 p.m. It was then moved by Greinke, seconded by Edgar, to approve the alternate plan for Use Permit 83-20 for 18 units, with the exit driveway onto Holt Avenue. Following discussion, the motion carried 5-0. 81 As recommended by the Community Development Director, it was moved by Edgar, seconded by Greinke, to direCt the Planning Commissi~ initiate proceedings to amend Specific Plan No. 6. Carried 5-0. 81 2. PRE-ZONE B3-1 - 14452, 14472 & 14492 HOLT AVENUE The Community Development Di rector presented the staff report and recommendation as contained in the inter-com dated November 7, 1983, prepared by the Community Development Department. The public hearing was opened by Mayor Hoesterey at 7:46 p.m. Roberta Arnold, 14321Clarissa Lane, was provided clarification on the pre-zone process by staff and Councilman Edgar. There being no other speakers on the matter, the public hearing was closed at 7:49 p.m. It was then moved by Saltarelli, seconded by Edgar, to approve an R-3 {2800) designation for Pre-Zone 83-1. Motion carried 5-0. 109 3. BUSINESS LICENSE TAXES - ORDINANCE NO. 897 The staff report and recommendation was presented by the Community Development Director as contained in the inter-com dated Novem- ber 7, 1983, prepared by the Community Development Department. A Council/staff question-and-answer period followed. CITY COUNCIL MINUTES Page 3, 11-7-83 The public hearing was opened by Mayor Hoesterey. The following persons spoke on the matter: Bill Moses, 649 S. "B" Street Bent Powel 1, 13052 Newport Steve Anders, 365 E1 Camino Real Mike Kearney, 720 West First Street Mark Hiller, 430 West FirSt Street ~ There being no other speakers, the public hearing was closed at ' 8:24 p.m. It was moved by Edgar, seconded by Hoesterey, that Ordinance No. 897 have first reading by title only. Following Council discus- sion, the motion carried 5'0. The City Clerk provided first read- ing by title only of Ordinance No. 897 as follows: ORDIliANCE ~10, 897 - An Ordinance of the City Council of the City of Tustin, California, AMENDING SECTION 2500 ET. SEQ. OF THE TUSTIN CITY CODE, RELATIVE TO BUSINESS LICENSE TAXES It was then moved by Edgar, seconded by Hoesterey, that Ordinance No. 897 be introduced. Councilman Greinke stated his objections to the proposed ordi- nance. Councilman Edgar concurred with Councilman Greinke that the proposed ordinance be simplified. Mayor Pro Tem Kennedy agreed that the business license tax must represent a City service and that information on same be provided; she suggested that those businesses with a high generation of tax revenue be in a lower tax category; and that businesses with poten- tial problems and high maintenance costs pay on an assessment basis, i.e. chemical spills, etc. Mayor Noesterey spoke in favor of the proposed ordinance. A substitute motion was made by Greinke, seconded by Kennedy, that Ordinance No. 897 be continued and that it be reviewed by a sub- committee, consisting of members of the business community and Council, to simplify the ordinance and include a cost analysis report. Helen Edgar, 13622 Loretta Drive, relayed an incident with company representatives contacting residents door-to-door. Following Council/staff discussion, the substitute motion carried 5-0. Mayor Pro Tem Kennedy and Councilman Greinke indicated they would serve on the sub-committee. Council concurred. 31 4. TENTH YEAR APPLICATION - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (HCD) The Director of Community Development presented the staff report and recommendation as contained in the inter-com dated November 7, 1983, prepared by the Community Development Department. Mayor Hoesterey opened the public hearing at 8:56 p.m. The follow- ing person spoke on the matter: Nick Ogden, 13841 Red Hill, .TLC Center, spoke in favor of the pro- gram and relayed plans for use of the funds as suggested by the Community Development Advisory Board. There being no other speakers, the public hearing was closed at 8:58 p.m. It was then moved by Kennedy, seconded by Edgar, to approve sub- mittal of the proposed tenth year Community Development Block Grant application for fiscal year 1984-85 as recommended by the Community Development Advisory Board and staff as follows: CITY COUNCIL MINUTES Page 4, 11-7-83 1) Public Facilities Improvements - $200,000 (This amount would allow the City to finish the street improve- ments in the "B" Street/Mitchell Avenue target area.) 2) Rehabilitation of Housing Stock - $250,000 (Low Interest Loan Program) (This year the City staff is initiating a program to encourage apartment owners to rehabilitate apartments in target areas. The program would still be retained for rehabilitation of owner-occupied properties.) 3) Smoke Detector Purchase - $15,000 (Purchase smoke detectors and give to low- and moderate-income persons including the handicapped and senior citizens.) Staff responded to Councilman Edgar's questions pertaining to pro- ject timing and availability of funds. The motion carried 5-0. 81 V. CONSENT CALENDAR Items 4 and 5 were removed from the Consent Calendar by Greinke, Item 13 by Edgar; and an abstention was registered on Item No. i by Greinke. It was then moved by Greinke, seconded by Kennedy, to approve the remainder of the Consent Calendar. The motion carried 5-0. 1. APPROVAL OF MINUllES - October 17, 1983 (Greinke registered an abstention) 2.RATIFICATION OF PAYROLL i n the amount of $103,067.09 APPROVAL OF DEMANDS in the amount of $1,937,159.37 50 3. REJECTION OF CLAIMS OF MARIE TERESA RODRIGUEZ/ERNEST RODRIGUEZ, JR./MONICA D. RODRIGUEZ/MICHAEL E. RODRIGUEZ/ERMALINDA MONTOYA; DATE OF LOSS: 4-8-83; DATE FILED: 7-14-83; CLAIM NO. 83-26 Rejected subject cl aims as recommended by the City Attorney. 40 6. RESOLUTION NO. 83-89 - A Resolution of the City Council of the City of Tustin, California, ADOPTING GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Adopted Resolution No. 83-89 as requested by the Community Development Director. 32 7. RESOLUTION NO. 83-87 - A Resolution of the City Council of the City of Tustin, California, APPOINTING MARK T. WILLMAN AS DEPUTY CITY ATTORNEY RESOLUTION NO, 83-88 - A Resolution of the City Council of the City of Tustin, California, APPOINTING SUZANNE D. ATKINS AS DEPUTY CITY ATTORNEY Adopted Resolution No. 83-87 and Resolution No. 83-88 as recom- mended by the City Attorney. 79 8. REJECTION OF CLAIM OF LORA MAE DAVIDSON; DATE OF LOSS: 4-24-83; DATE FILED WITH CITY: 7-5-83; CLAIM NO, 83-25 Rejected subject claim as recommended by the City Attorney. 40 9. RESOLUTION NO. 83-90 - A Resolution of the City Council of the City of Tustin, California, COMMENDING AND EXPRESSING APPRECIATION TO DUANE WINTERS FOR HIS CONTRIBUTIONS AND SERVICES Adopted Resolution No. 83-90 as requested by the Orange County Division of the League of Cities. 84 10. RESOLUTION NO. 83-93 - A Resolution of the City Council of the City of Tustin, California, APPROVING LOT LINE ADJUSTMENT NO. 83-3 (17392-17402 Village Drive) Adopted Resolution No. 83-93 as recommended by the Director of Public Works/City Engineer. 81 CITY COUNCIL MINUTES Page 5, 11-7-83 11. ANNUAL PAVEMENT MARKING PROGRAM Renewed the J & S Sign Company contract for the Annual Pavement Marking Program as provided in the current contract as recom- mended by the Engineering Department. 95 12. RELINQUISHMENT OF ACCESS RIGHTS TO MYFORD ROAD PARCEL MAP NO. 78-114 Authorized the Mayor to execute the Quitcl aim Deed to the owner of Parcel No. 4 of Parcel Map No. 78-111 for the relin- quishment of access rights to Myford Road as recommended by the Director of Public Works/City Engineer. 49 14. RESOLUTION NO. 83-95 - A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR STORM DRAIN IMPROVEMENTS MITCHELL AVE. STORM DRAIN FACILITY NO. SIP 73 FROM NEWPORT AVENUE TO "B" STREET Adopted Resolution No. 83-95 as recommended by the Engineering Department. 91 15. DECLARAION OF SURPLUS ITEMS Found that the five vehicles and one motorcycle, as detailed in the report dated October 28, 1983, are not requi red for public use and that they all be declared as surplus items as recom- mended by the Director of Public Works/City Engineer. 87 16. RESOLUTION RO. 83-96 - A Resolution of the City Council of the City of Tustin, California, AUTHORIZING FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM GRANT APPLICATION Adopted Resolution No. 83-96 as recommended by the Director of Public Works/City Engineer. 86 Consent Calendar Item No. 4 - Tustin Water UtilityAnnexation No. 131 - The Planning Consultant responded to Councilman Edgar's concerns on a parcel within Orange city limits, stating that any property outside Tustin's city limits included in this annexation is automatically deannexed whenever the City loses title, i.e., sale of parcel. It was moved by Edgar, seconded by Greinke, to adopt the following: RESOLUTION BO. 83-85 - A Resolution of the City Council of the City of Tustin, California, CONFIRMING THE MASTER PROPERTY TAX TRANSFER AGREE- MENT FOR PROPOSED TUSTIN WATER UTILITY ANNEXATION NO. 131 Carried 5-0. 24 Consent Calendar Item No. 5 - Defense of Southern Pacific Railroad Action - Following clarification by the City Attorney to Councilman Greinke's questions, it was moved by Greinke, seconded by Edgar, to authorize the City Attorney to tender the defense of the following to the County of Orange pursuant to Revenue and Taxation Code 5149: SOUTHERN PACIFIC TRANSPORTATION COMPANY V. STATE BOARD OF EQUALIZATION, ET AL; SAN FRANCISCO SUPERIOR COURT CASE NO. 810433 Motion carried 5-0. 67 Consent Calendar Item No. 13 - Notice of Completion, Traffic Signal Improvements - Councilman Edgar suggested that the City loan monies to the South Central Redevelopment Project for the signal at Newport and Sycamore. The City Manager responded it would be appropriate to con- sider same when the project is ready to proceed. It was then moved by Edgar, seconded by Hoesterey, to: 1) Adopt the following; and RESOLUTION NO. 83-94 - A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION (Traffic Signal Improvements - D & H Perry, Inc., dba Perry Electric) CITY COUNCIL MINUTES Page 6, 11-7-83 2) Delete Bid Item No. 3 from the contract and make payment ~to the contractor for materials furnished to the City. Carried 5-0. 94 VI. ORDINAliCES FOR INTRODUCTION 1. ZONING ORDINANCE AMENDMENT NO. 83-3 - ORDINANCE NO. 896 The Community Development Director presented the staff report and recommendation as contained in the inter-com dated November 7, 1983, prepared by the Community Development Department. Following Council/staff discussion, it was moved by Kennedy, sec- onded by Edgar, that Ordinance No. 896 have first reading by title only. Carried 5-0. Following reading of title by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 896 be introduced as follows: ORDINANCE NO. 896 - An Ordinance of the City Council of the City of Tustin, California, AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY CODE, ESTABLISHING THE REQUIREMENT FOR A CONDITIONAL USE PERMIT AND USE CRITERIA FOR DEVELOPMENT PROJECTS DESIGNED FOR NON-RETAIL USES IN C-1, C-2, C-G, M AND PC-COMMERCIAL DISTRICT Motion carried 5-0. 81 VII. ORDINANCES FOR ADOPTION - None VIII. OLD BUSINESS 1. SMOKE DETECTOR COMPLIANCE An oral update report was presented by Mike Cate, Fire Marshal, Orange County Fire Department. Marshal Cate responded to Council questions. 51 2. FISCAL YEAR 1983-84 BUDGET - RESOLUTIONS NO. 83-92 & 83-86 & 3. FISCAL YEAR 1983-84 REVENUE SHARING BUDGET - RESOLUTION NO. 83-91 It was moved by Edgar, seconded by Greinke, to approve the budget with deletion of the transfer of capital improvement funds of $129,000, and deletion of the expenditures for the Redhill/Walnut traffic signal, the Newport/Sycamore traffic signal, and the Red- hill Storm Drain from Revenue Sharing to the General Fund~ Lengthy Council/staff discussion followed. A substitute motion was made by Hoesterey, seconded by Kennedy, to adopt the following resolution with one exception of transferring $35,000 for the Red Hill/Walnut traffic signal from Revenue Sharing to the General Fund: RESOLUTION NO. 83-92 - A Resolution of the City Council of the City of Tustin, ADOPTING THE CITY BUDGET AND APPROPRIATING REVENUE OF THE CITY FOR THE FISCAL YEAR 1983-84 After further discussion, the substitute motion carried 3-2, Edgar and Greinke opposed. 29 It was moved by Edgar, seconded by Kennedy, to adopt the following resolution: RESOLUTION NO. 83-86 - A Resolution of the City Council of the City of Tustin, ADOPTING THE WATER FUND BUDGET AND APPROPRIATING REVENUE OFTHE FUND FOR THE FISCAL YEAR 1983-84 Carried 5-0. 29 CI~ COUNCIL MINUTES Page 7, 11-7-83 The City Manager reviewed the revenue sharing criteria process established by the Council for community non-profit organizations making application to receive City revenue sharing funds. After Council/staff discussion, it was moved by Hoesterey, seconded by Greinke, to: 1) Allocate a lump sum of $30,000 in revenue sharing funds for non-profit groups; and 2) Adopt the following resolution: RES0LUTION NO. 83-91 - A Resolution of the City Council of the City of Tustin, ADOPTING THE REVENUE SHARING FUND BUDGET AND APPROPRIATING REVENUE OF THE FUND FOR THE FISCAL YEAR 1983-84 The motion carried 5-0. 29 IX. NEW BUSINESS 1. ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM As recommended in the i nter-com dated October 17, 1983, prepared by the Public Works Department, it was moved by Edgar, seconded by Greinke, to award the Annual Asphalt Concrete Pavement Repair Pro- gram contract to R. J. Noble Company, Orange, in the amount of $159,500.00. Motion carried 5-0. 95 2. REQUEST FOR USE OF CITY STAGE & WAIVER OF FEES Councilman Greinke expressed concern over City costs and wear and tear to the stage. It was moved by Greinke, seconded by Hoesterey, to authorize use of the stage facility by the Leukemia Society of ,=- America and deny waiver of the normal $50.00 use fee. The motion died 1-4, Edgar, Hoesterey, Kennedy, and Saltarelli opposed. It was then moved by Edgar, seconded by Kennedy, to authorize use of the stage facility by the Leukemia Society of America and approve waiver of the normal $50.00 use fee. Carried 5-0. 89 3. RED HILL STORM DRAIN FACILITY NO. F1OP01 CONTRACTOR REQUEST FOR TIME EXTENSION Following consideration of the i nter-com dated NoVember- 1, 1983, prepared by the Engineering Division, it was moved by Kennedy, sec- onded by Greinke, to deny the request of Desatoll Construction Co., Hacienda Heights, for extension of time on subject project." The Di rector of Public Works responded to Mayor Hoesterey's ques- tions on the matter, and stated that staff felt an extension of 19 days would be logical. A substitute motion was made by Edgar, seconded by Hoesterey, to approve an extension of 19 days. After further discussion, the substitute motion carried 3-2, Greinke and Kennedy opposed. 91 X. REPORTS "' 1. PLANNING COMMISSION ACTIONS - OCTOBER 24, 1983 The October 24, 1983, Planning Commission Action Agenda was rati- fied by unanimous informal consent. 80 XI. OTHER BUSINESS 1. GRANT OF EASEMENT FOR C.A.T.V. & EDISON FACILITIES Pursuant to the recommendation contained in the inter-com dated November 7, 1983, prepared by the Director of Public Works, it was moved by Greinke, seconded by Edgar, to authorize the Mayor to execute the Grant of Easement deeds for areas within Centennial Park for cable television and power source uses. Carried 5-0. 49 CITY COUNCIL MINUTES Page 8, 11-7-83 2. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session for discussion of legal matters. 3. RED HILL AVENUE TRAFFIC SIGNALS AT I-5 FREEWAY Councilman Saltarelli reported that traffic signals on Red Hill Avenue at the I-5 Freeway have not functioned properly the last two weeks. The Director of Public Works stated that Cal Trans is in the process of retiming the signals. 4. WINDSOR GARDENS CONDOMINIUM CONVERSION PROJECT The Community Development Director responded to Councilman Edgar's request for an update report that owners of the Windsor Gardens are hopefully attempting to proceed with a new contractor. 5. GRENADA INVASION It was moved by Greinke, seconded by Edgar, to direct staff to pre- are a resolution commending President Reagan for the invasion of ~renada. Carried -0. 38 5 . 6. DIRECTOR OF FINANCE COMMENDATION Councilman Edgar joined Mayor Hoesterey in commending the Director of Finance for preparation of the 1982-83 financial report. XII. RECESS - REDEVELOPRENT; CLOSED SESSION; ADJOURNMENT It was moved by Greinke, seconded by Edgar, to recess to the Redevelop- ment Agency, thence to a Closed Session for discussion of legal matters, and thence adjourn to an Adjourned Regular Meeting on Novem- ber 14, 1983. Carried 5-0. MA~3R