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HomeMy WebLinkAboutCC MINUTES 1983 09 19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA SEPTEMBER 19, 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 Alle- giance was led by Mayor Hoesterey, and the Invocation was given by Councilman Greinke. II. ROLL CALL Councilpersons Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar Frank H. Greinke 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 Ronald A. Nault, Director of Finance Charles R. Thayer, Chief of Police Dale Wick, Assistant City Engineer Monda Buckley, Administrative Assistant Jeff Kolin, Recreation Superintendent Hugh West, Maintenance Superintendent Approximately 30 in the audience III. SPECIAL PRESENTATIONS 1. PROCLAItATION - CHIEF OF POLICE CHARLES R. THAYER Mayor Hoesterey read and presented a proclamation to Chief of Police Charles R. Thayer commending him on his being selected Chief of the Year by the Law Enforcement Manager Center. Chief Thayer expressed his thanks. 84 2. PROCLAMATION - OCTOBER, "ESCROW MONTH" Mayor Hoesterey requested that the proclamation designating E Month" be mailed to the appropriate October, 1983, as "scrow party as no one was present to accept same. 84 3. PROCLAMATION - OCTOBER, "UNITED WAY MONTH" A proclamation designating October, 1983, as "United Way Month" was read and presented by Mayor Hoesterey to J eanette Oppen- heimer, representative of a United Way agency. Ms. Oppenheimer thanked the Council on behalf of United Way and COPES. 84 IV. PUBLIC CONCERNS 1. SELF-DEFENSE - CRIMES AGAINST WOMEN Helen Edgar requested a "town hall" meeting in cooperation with the Tustin Chamber of Commerce, City Council, and Tustin Police Department, to make women aware of how to defend themselves from violent crimes. The recent murder of Margaret Achterberg, an Orange resident prominent in Tustin affairs, prompted this request. The City Manager indicated that staff and Police Chief Thayer would contact the Chamber of Commerce on subject matter. 82 2. CALIFORNIAN APARTMENTS CONDO CONVERSION PROJECT Linda Willjams, 14914 Newport Avenue #K, was informed that a status report on the Californian Apartments Condominium Conver- sion project will be on the October 5 agenda. CITY COUNCIL MINUTES Page 2, 9-19-83 3. REQUEST TO RECESS TO REDEVELOPMENT AGENCY Richard Pierce requested that the Council recess to the Redevel- opmerit Agency and consider Redevelopment Agency Agenda Item No. 6 at this time. Council concurred. RECESS - REDEVELOPHENT AGENCY; RECONVENED At 7:16 p.m. the City Council meeting vas recessed to the Redevelop- merit Agency meeting. The City Council reconvened at 8:13 p.m. with all members present. V. PUBLIC HEARINGS 1, FISCAL YEAR 1983-84 BUDGET As recommended in the inter-com dated September 14, 1983, pre- pared by the City Manager, and there being no speakers on the matter, it was moved by Saltarelli, seconded by Edgar, to con- tinue subject item to October 5, 1983. Carried 5-0. 29 2, PROPOSED USE OF REVENUE SHARING FUNDS As recommended in the inter-corn dated September 14, 1983, pre- pared by the City Manager, and there being no speakers, it was moved by Saltarelli, seconded by Edgar, to continue the matter to October 5, 1983. Carried 5-0. 29 3, DRAFT EIR 83-1 - NEWPORT AVENUE EXTENSION - RESOLUTION NO: 83-68 The Director of Community Development presented the staff report and recommendation as contained in the inter-com dated September 19, 1983, prepared by the Community Development Department. Due to the absence of the Director of Public Works and a repre- sentative of Larry Seeman & Associates, the Director of Com- munity Development recommended that final certification of the EIR be delayed to the October 5, 1983, meeting. Mayor Hoesterey opened the public hearing at 8:17 p.m. There were no speakers on the matter. It was moved by Kennedy, seconded by Greinke, to continue the public hearing on Draft EIR 83-1 and the following resolution to October 5, 1983: RESOLUTION NO. 83-68- A Resolution of the City Council of the City of Tustin, California, CERTIFYING DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) 83-1 AND AMENDMENTS AS FINAL EIR 83-1 (NEW- PORT AVENUE EXTENSION) Council discussion followed regarding the AT&SF/PUC position on the matter and the validity of railroad switching operations in the area. The motion carried 5-0. 95 4. APPEAL OF USE PERMIT 83-16 - ll)STIN CONDOMINIUMS, PACIFIC COAST BUILDERS ( Southerly temi nus of Newport Avenue) The Community Development Director presented the staff report as contained in the inter-com to Council dated September 19, 1983, and the report to the Planning Commission dated August 22, 1983, prepared by the Community Development Department, dis- played plans of subject project, and responded to Council ques- tions. It was Council consensus that the CC&R's contain disclosure statements concerning potential overpass and at-grade crossings on Newport Avenue to Edinger Avenue. CITY COUNCIL MINUTES Page 3, 9-19-83 The Community Development Director responded to further Council questions regarding guest parking, open space requirements, impact on the project from freeway modifications, and freeway noise impact. A slide presentation was viewed by Council- members, and followed by a question-and-answer period. Ma3~r Hoesterey opened the public hearing at 8:43 p.m. The fol- lowing spoke in favor of Use Permit 83-16: Pat Walla, Vice President of Pacific Coast Builders and project applicant responded to Council questions. Russ Greengard, adjacent property owner at 14801 Newport Avenue, requested that the proposed garage/carport be moved from adja- cent to the existing apartment building either southerly or northerly to the corner, that the seven-foot block wall be replaced with a wrought iron fence the length of the apartment building, and that the existing chain-link fence be repaired until construction begins. The Community Development Director responded to the Mayor that the applicant would most likely be willing to consider Mr. Greengard's requests. There being no other speakers on the matter, the public hearing was closed. It was then moved by Edgar, seconded by Hoesterey, to support P1 anning Commission approval of Use Permit 83-16, and request the applicant to work with the adjacent property owner regarding relocating the garage and replacing the block wall with wrought iron fencing, and that the project commence construction within six months. Council discussion followed regarding the impact of future free- way modifications, guest parking, and marketability of the units. Mayor Pro Tem Kennedy complimented and thanked the applicant for reducing the project density. However, she stated she would hold to the standard of 20-22 units/acre, and could not support Use Permit 83-16 due to project density for residential. The motion carried 4-1, Kennedy opposed. 81 VI. CONSENT CALENDAR Item No. 7 was removed from the Consent Calendar by Saltarelli, and an abstention was registered on Item No. 8 by Saltarelli. It was then moved by Greinke, seconded by Edgar, to approve the remainder of the Consent Calendar. Motion carried 5-0. 1. APPROVAL OF MINUTES - September 6, 1983 2. RATIFICATION OF PAYROLL in the amount of $99,882.49 APPROVAL OF DEMANDS in the amount of $298,090.88 50 3. DENIAL OF APPLICATION TO FILE LATE CLAIM OF AUTO CLUB/TIMMONS; DATE OF LOSS: 10-1-82; DATE FILED: 8-18-83; CLAIM NO. 83-18 Deny the Application to File Late Claim as recommended by the City Attorney. 40 4. FEDERAL AID URBAN PROJECTS, 1983-84 THROUGH 1987-88 Approve the submission of the Newport Avenue traffic signal interconnect and modification project for the 1983-84 through 1987-88 Federal Aid Urban (F.A.U.) Program and direct staff to submit this project to the Orange County Transportation Commission (O.C.T.C.) for inclusion in the program as recommended by the Director of Public Works/City Engineer. 94 CITY COUNCIL MINUTES Page 4, 9-19-83 5. RESOLUTION NO. 83-70 - A Resolution of the City Council of the City of Tustin, California, APPROVING LOT LINE ADJUSTMENT NO. 83-2 Adopt Resolution No. 83-70 and authorize the Mayor to sign the application for same on behalf of the City as recom- mended by the Director of Public Works/City Engineer. 81 6. RESOLUTION NO. 83-67 - A Resolution of the City Council of the City of Tustin, California, INITIATING PROCEEDINGS AND ORDERING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS HOLT-WARREN ANNEXATION NO. 133 TO THE CITY OF TUSTIN Adopt Resolution No. 83-67 as recommended by the Community Development Department. 24 8. REQUEST FOR TREE REMOVAL (On San Juan St., adjacent to 13751 Red Hill Avenue) Approve the removal of six Eucalyptus trees along San Juan Street, adjacent to 13751 Red Hill Avenue and replacement with approved 15-gallon size trees as recommended by the Director of Public Works/City Engineer. (Saltarelli abstained} 86.1 Consent Calendar Item No. 7 - Tree Removal Request, 1711 Amherst Road - Councilman Sa)tarelli stated he drove by subject location and concurs with the Maintenance Superintendent that the tree is not causing a problem; however, as a courtesy he recommended removal of the tree. Jerry Hart, 1711 Amherst Road, spoke in favor of the tree removal with no replacement. It was then moved by Saltarelli, seconded by Kennedy, to approve removal of the tree at 1711 Amherst Road with no replacement. The Maintenance Superintendent responded to Council questions. Councilman Greinke commended the Superintendent for soliciting neighbors' comments. The motion carried 5-0. 86.1 VII. ORDINANCES FOR INTRODUCTION - None VIII. ORDINANCES FOR ADOPTION 1.BUSINESS LICENSE TAXES FOR AUCTIONEERS & AUCTIONS - ORDINANCE NO. 894 It was moved by Saltarelli, seconded by Edgar, that Ordinance No. 894 have second reading by title only. After a brief question-and-answer period, the motion carried 5-0. Following second reading by title only of Ordinance No. 894 by the City Clerk, it was moved by Kennedy, seconded by Edgar, to adopt the following: ORDINANCE NO. 894 - An Ordinance of the City Council of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO BUSINESS LICENSE TAXES FOR AUCTIONEERS AND AUCTIONS Roll call vote: AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: None 31 IX. OLD BUSINESS 1. CITY FACILITY POLICY As recommended in the inter-com dated August 25, 1983, prepared by the Recreation Superintendent, it was moved by Greinke, seconded by Edgar, to approve the following: CITY COUNCIL MINUTES Page 5, 9-19-83 1) Adopt the revised schedule of Facility Fees which increases non-profit non-resident group rates to the level of private resident fees. 2) Institute a Park Reservation Fee to offset processing costs for permits and reservations. 3) Institute an Outdoor Sound Amplification Permit Fee to off- set processing costs for permits. 4) Institute an Alcoholic Beverage Permit Fee for outdoor areas and require clean up deposits. ~-- 5) Require that groups and individuals serving alcohol provide the City with a Certificate of Insurance for $500,000 Com- bined Single Limit or purchase an OCCRMA Liability Policy through the City. 6) Institute a Tennis Court Reservation Fee to offset costs associated with processing requests. The Recreation Superintendent responded to Council questions. The motion carried 5-0. 41 2. CHRISTMAS DECORATIONS The Administrative Assistant presented the staff report as con- tained in the inter-com reports dated September 13 and September 15 prepared by the Engineering Division. A decorations catalog was provided to Councilmembers. A question-and-answer period followed, including members of the audience. It was moved by Greinke, seconded by Kennedy, to approve the expenditure of $4,000 for holiday decorations in the E1 Camino Real area as a special case because of the hardships created on the business merchants during redevelopmerit construction last year. It was Council consensus to take into consideration during Redevelopment Agency meeting Councilman Greinke's suggestion that poles be erected in the downtown area for attachment of intersection spanning banners for announcement/promotion of civic activities. Councilman Saltarelli felt two or three additional major inter- sections should be included for decorations, i.e., 17th and Yorba, Newport and Irvine, Redhill and Walnut. The motion was amended by Greinke, seconded by Kennedy, to approve the expenditure of $5,000 for holiday decorations in the E1 Camino Real downtown area and a few major intersections, at staff's discretion. Carried 5-0. 89 3. I-5/SR55 INTERCHANGE Pursuant to the inter-cem report dated September 2, 1983, pre- pared by the Director of Public Works, it was moved by Edgar, seconded by Kennedy, to: 1) Authorize staff to respond to CalTrans with a negative posi- tion and reaction to Design Concept No. i - Major Recon- struct Interchange Alternative, Modified; and 2) Authorize staff to respond to CalTrans that the City con- curs with Design Concept No. 2 Design Variation Plan 4, Modified. Council discussion followed, and the City Manager responded to Council questions. The motion carried 5-0. 54 4. STATUS REPORT ON SMOKE DETECTORS It was mo~ed by Saltarelli, seconded by Kennedy, to continue subject item to October 5, 1983. Carried 5-0. 51 CITY COUNCIL MINUTES Page 6, 9-19-83 X. NEW BUSINESS 1. BICYCLE AND PEDESTRIAN FACILITY PROJECTS (F.Y- 1983-84) Following consideration of the inter-com dated September 9, 1983, prepared by the Public Works Department, it was moved by Saltarelli, seconded by Kennedy, to select the following project for submittal to the Orange County Transportation Commission for the 1983-84 Bicycle and Pedestrian Facility project program. Sidewalk construction along the southerly side of Nisson Road between 900+ ft. easterly of Red Hill Avenue and 300+ westerly of Bro~ing Avenue - Estimated cost is $8,634.0~ This project would requi re an additional $34,200 for curb, gutter and paving costs which would not be eligible under S.B. 821 funding. Councilman Edgar noted that the project could be jeopardized if the I-5 Freeway is widened to the south. It was Council consen- sus to monitor same. After further discussion, the motion carried 5-0. 86 XI. REPORTS 1. PLANNING COMMISSION ACTIONS - September 12, 1983 Mayor Pro Tem Kennedy was unable to obtain a consensus to appeal New Business Item No. I - Extension of Variance 82-9. It was then moved by Greinke, seconded by Edgar, to ratify actions of the Planning Commission of September lz, 1983. Carried 4-1, Kennedy opposed. 80 2. COMMUNITY DEVELOPMENT DEPARTMENT STATUS REPORT It was moved by Edgar, seconded by Saltarelli, to receive and file the Project Status Report dated Septembe, 12, 1983. Car- ried 5-0. 81 3, BULLET TRAIN The City Manager reported on a Congressional bill that has been introduced which would entitle American High Speed Rail to use virtually all AMTRAK lines in the country for high speed rail. The Tustin Meadows Bullet Train Committee has done a very good job of analyzing same and has corresponded with Tustin's Con- gressional representatives.. Congressman Dannemeyer has offered an amendment that would give Congress some review authority. The City Manager recommended that Council authorize the Mayor to send a letter to Tustin delegates encouraging them to consider the Dannemeyer amendment. Council concurred to authorize staff to authorize the Mayor to send a mailgram in support of Con- gressman Dannemeyer's amendment. 101 XII. OTHER BUSINESS 1, WATER BOND RATINGS Councilman Edgar reported that the City Manager, Finance Direc- tor, and he went to New York and were successful in acquiring "A" to "A-" Bond ratings from Standard & Poor's and Moody's, the country's two rating firms. A by-product of that is that the City's general rating was increased to "A" and "A+". 2. MUNICIPAL PARKING LOT FOR TRUCKS Councilman Edgar requested that staff review providing a lot for truck parking in the City. Mayor Pro Tem Kennedy stated she could not support the request. CITY COUNCIL MINUTES Pa9e 7, 9-19-83 3. RED CURBING Mayor Pro Tem Kennedy thanked staff for red-painting the curb in front of the motel as she requested. 4. LOW-FLYING COMPUTER AIR TRAFFIC Councilman Edgar complained about low-flying commuter air traf- fic over Tustin residential areas. Council concurred to direct staff to contact the County regarding enforcement of adherence to established flight paths by commuter planes out of John Wayne Airport. 67 5. POLITICAL SIGNS In response to Councilman Edgar, the Community Development Director reported on staff's abatement procedure of advertising signs posted throughout the city. Mayor Hoesterey requested that staff notify School Board candi- dates regarding rules/regulations for campaign signs. 6. PARKING VIOLATIONS ON "B" STREET Agnes Bacon and Margaret Byrd complained about parking and other violations on North "B" and Mountain View Streets. Mayor Hoesterey requested that staff investigate same. 7. SUPPORT OF AB 1545 Council concurred with Mayor Hoesterey to authorize his signa- ture on a letter supporting the signing of the League of Cities resolution in support of AB 1545, which protects cities' rights under redevelopmerit laws. 73 8. REQUEST FOR CLOSED SESSION Mayor Hoesterey requested a Closed Session for discussion of legal matters following the meeting. 9. AIR TRAFFIC FROM USMCAS(H) TUSTIN Mayor Hoesterey stated it has been learned that a new instrument landing system is being installed at USMCAS(H), Tustin, and com- plained about low-flying helicopters over the Peppertree sub- division at 3:00 a.m. He also reported that different aircraft is being brought into the base, and there seems to be a greater breach from the Browning corridor flight path. The City Manager indicated staff would contact the appropriate parties. XIII. RECESS - REDEVELOPMENT; CLOSED SESSION; ADJOURNMENT At 9:55 p.m., it was moved by Edgar, seconded by Greinke, to recess to the Redevelopmerit Agency, thence to a Closed Session for discus- sion of legal matters; thence adjourn to an Adjourned Regular Meet- ing on September 20, 1983, at 7:00 p.m. to authorize the sale of water bonds, and thence to the next Adjourned Regular Meeting on Wednesday, October 5, 1983, at 7:00 p.m. MAYOR