Loading...
HomeMy WebLinkAboutCC MINUTES 1983 09 06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA SEPTEMBER 6, 1983 I. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION The meeting was called to order by Mayor Hoesterey at 7:02 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Alle- giance was led by Nayor Pro Tem Kennedy, and the Invocation was given by Councilman Edgar. I I. ROLL CALL Councilpersons Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar Frank H. Greinke (7:14 p.m.) Donald J. Sal tarel 1 i Councilpersons Absent: None Others Present: James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Ronald A. Nault, Director of Finance Robert S. Ledendecker, Dir. of Public Works Charles R. Thayer, Chief of Police Alan G. Warren, Senior Planner Approximately 35 in the audience III. SPECIAL PRESENTATIONS 1. PROCLAMATION - MARGARETE THOMPSON, PRESIDENT, CALIFORNIA WOMEN IN CHAMBERS OF COMMERCE Mayor Hoeseterey read and presented Margarete Thompson with a proclamation commending her on her Presidency of the California Women in Chambers of Commerce. Ms. Thompson expressed her thanks to the Council. 84 2. PROCLAMATION - RONALD P. ELLIOTT, PRESIDENT, ORANGE COUNTY/LONG BEACH CHAPTER, CALIFORNIA SOCIETY OF CERTIFIED ACCOUNTANTS A proclamation was read and presented by Mayor Hoesterey to Ronald P. Elliott commending and congratulating him on his election as President of the Orange County/Long Beach Chapter of the California Society of Certified Accountants. Mr. Elliott thanked the Council. 84 3. POLICE CHIEF CHARLES R. THAYER SELECTED 1983 CALIFORNIA POLICE CHIEF OF THE YEAR Mayor Hoesterey acknowledged and congratulated Tustin Chief of Police Charles R. Thayer upon his selection as 1983 California Police Chief of the Year. 84 IV. PUBLIC CONCERNS 1. WATER SERVICE CONCERNS Douglas Chapman, 13252 Fairmont Way, voiced concerns and made recommendations relative to operating and accounting methods for the water service, to which the City Manager, Mayor Hoesterey, Mayor Pro Tem Kennedy, and Councilman Edgar responded. 107 2. LOCATION OF REVISED TENTATIVE TRACT NO. 11370 ( Southerly Terminus of Newport Avenue) Linda Willjams, 14914 Newport Avenue #K, was informed that subject project is across the street from the Californian Apartments. 99 CITY COUNCIL MINUTES Page 2, 9-6-83 3, CALIFORNIAN APARTMENTS CONDOMINIUM CONVERSION James Shannon, 14922 Newport Avenue, requested information on the status of the project. Mayor Hoesterey responded that the 30-days' notice given to Cal State Associates to bring the units up to health, fire, building and safety code regulations will expire around October 1. City staff is maintaining const~n~ contact with Cal State Associations, and no modifications to the conversion program at either Windsor Gardens or the Californian Apartments will be considered until the code violations are corrected. Linda Williams made several requests for action by the Council,, to which the Mayor responded that they will not be considered until the units are brought into code compliance. 43 V, PUBLIC HEARINGS 1. FISCAL YEAR 1983-84 BUDGET As recommended in the inter-com dated August 31, 1983, prepared by the City Manager, and there being no speakers on the matter, it was moved by Greinke, seconded by Saltarelli, to continue the matter to September 19, 1983. Carried 5-0. 29 2. REVENUE SHARING FUNDS As recommended in the inter-con dated August 31, 1983, prepared by the City Manager, and there being no speakers, it was moved by Greinke, seconded by Saltarelli, to continue the matter to September 19, 1983. Carried 5-0. 29 3. PROPOSED USE OF REVENUE SHARING FUNDS As recommended in the inter-con dated August 31, 1983, prepared by the City Manager, and there being no speakers, it was moved by Greinke, seconded by Saltarelli, to continue the matter to September 19, 1983. Carried 5-0. 29 4. DRAFT EIR 83-1 - NEWPORT AVENUE EXTENSION As recommended in the inter-com dated August 31, 1983, prepared by the City Manager, and there being no speakers, it was moved by Greinke, seconded by Saltarelli; to continue the matter to September 19, 1983. Carried 5-0. 95 V I, CONSENT CALENDAR Item 6 was removed from the Consent Calendar by staff, Items 12 and 15 by Kennedy, Item 13 by Hoesterey, and Item 17 by Edgar. It was then moved by Greinke, seconded by Edgar, to approve the remainder of the uonsent ~alen~ar. uarrie~ b-u. 1. APPROVAL OF MINUTES - August 15, 1983 2. RATIFICATION OF PAYROLL in the amount of $201,181.46 APPROVAL OF DEMANDS in the amount of $802,766.83 50 3. RESOLUTION NO. 83-62 - A Resolution of the City Council of the City of Tustin, California, APPROVING AMENDMENT NO. 2 TO THE CONFLICT OF INTEREST CODES OF THE DEPARTMENTS OF THE CITY OF TUSTIN Adopt Resolution No. 83-62 as recommended by the City Attor- ney. 32 4. RESOLUTION NO. 83-57 - A Resolution of the City Council of the City of Tustin, California, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO SAID CITY RELATING TO THE CONDUCT OF A SPECIAL MAIL BALLOT ELECTION ON NOVEMBER 8, 1983, FOR REORGANIZATION NO. 53 AND TRANSFER OF TERRITORY BETWEEN THE CITIES OF IRVINE AND TUSTIN Adopt Resolution No. 83-57 as recommended by the City C1 erk. 24; 48 CITY COUNCIL MINUTES Page 3, 9-6-83 ~ 5. REQUEST FOR RESTRICTED PARKING ADJACENT TO TUSTIN ARMS II APA.RT- MENT COMPLEX (15851 Pasadena Avenue) Authorize the installation of signing to restrict on-street parking during street sweeping hours, 6:00 AM to Noon on Mondays, at 15851 Pasadena Ave. adjacent to the Tustin Arms II Apartments and that warnings be issued in lieu of cita- tions for the first 30 days after the sign installation as recommended by the Director of Public Works/City Engineer. 75 ,., 7. CITY-WIDE TRAFFIC STUDY BETWEEN THE CITY OF TUSTIN AND AUSTIN & ASSOCIATES Authorize the Mayor and City Clerk to execute the subject agreement. 45; 83-37 8. CITY FACILITY POLICY Continue to September 19, 1983, as recommended by the Direc- tor of Community and Administrative Services. 41 9. REQUEST FOR RESTRICTED PARKING ADJACENT TO PALMWOOD CONDO- MINIUMS (17822-17978 Irvine Blvd. and 401-495 First St.) Authorize the installation of signing to restrict on-street parking during street sweeping hours, 6:00 AM to Noon on Fridays, at 17822-17978 Irvine Blvd. and 401-495 First St. adjacent to the Palmwood Condominiums and that warnings be issued in lieu of citations for the first 30 days after the sign installation as recommended by the Director of Public Works/City Engineer. 75 10. MOULTON PARKWAY/IRVINE CENTER DRIVE AGREEMENT Authorize the Mayor to execute the "Agreement Respecting Improvements to Moulton Parkway/Irvine Center Drive" as recommended by the Di rector of Public Works/Ci ty Engi near. 45; 83-38 11. REQUEST TO FILL VACANCY - SECRETARY POSITION ~" Authorize the replacement of the vacant Secretary position within the Public Works Department and that the position be ~ replaced in the interim with a temporary employee during the recruitment and hiring process as recommended by the Direc- tor of Public Works/City Engineer. 79 14. RESOLUTION NO. 83-64 - A Resolution of the City Council of the City of Tustin APPROVING REVISED TENTATIVE TRACT MAP NO. 11564 LOCATED AT 14682 HOLT AVENUE Adopt Resolution No. 83-64 as recommended by the Community Development Department. 99 16. RECONFIRMATION OF ORANGE COUNTY HEALTH PLANNING COUNCIL APPOINT- MENTS Reconfirm the appointments of Phyllis Tuttle, representa- tive, and Bonnie Gillman, alternate, to the Orange County Health Planning Council Assembly of Delegates as recommended by the City Clerk. 70 Consent Calendar Item No. 6 - Water Main Deficiency- As requested by staff, it was moved by Hreinke, seconded by Edgar, to refer the following back to staff for further review: 6. RESOLUTION NO. 83-61 - A Resolution of the City Council of the City of Tustin, California, DECLARING THAT AN EMERGENCY EXISTS IN THE CITY OF TUSTIN WATER SYSTEM SO AS TO NECESSITATE THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY FOR REPAIR OF WATER MAINS TO SAFEGUARD LIFE, HEALTH, OR PROPERTY Adopt Resolution No. 83-61 and authorize the Public Works Director to utilize City forces to effect said replacement of said water mains and authorize a supplemental appropria- tion to the preliminary 1983-84 Water Service Capital Improvement Program as follows: Rosalind Drive northerly of Fairhaven Avenue - $18,050.00; Loretta Drive northerly of Fairhaven Avenue - $18,050.00; and reschedule the Laguna Road water main improvements in the amount of $9,000.00 to fiscal year 1984-85 as recommended by the Director of Public Works/City Engi near. CITY COUNCIL MINUTES Page 4, 9-6-83 Motion carried 5-0. 107 Consent Calendar Item No. 12 - Tree Removal -The Director of Public Works responded to Ma3~r Pro Tem Kennedy that only the tree leaning against the block wall is recommended for removal, and the remainder of the trees should remain intact until they show evidence of caus- ing damage. After Council/staff discussion, it was moved by ~ennedy, seconded by Edgar, to request staff to inspect ot~ in the area that may be endangering the block wall and approve the following: 12. TREE REMOVAL - 1761 AMHERST ROAD Remove tree as requested and do not replace as recommended by the Maintenance Superintendent. Carried 5-0. 86.1 Consent Calendar Item No. 13 - Revised Tentative Tract No. 11370 - Ihe motion by Hoesterey, seconded by Edgar, to appeal Revised Tenta- tive Tract No. 11370 was withdrawn. The City Attorney advised that it was appropriate to approve the Tentative Tract Map and hold the Use Permit. It was moved by Hoesterey, seconded by Edgar, to adopt the following: 13. RESOLUTION NO. 83-63 - A Resolution of the City Council of the City of Tustin, California, APPROVING REVISED TENTATIVE TRACT NO. 11370 (Southerly Terminus of Newport Avenue) Motion carried 5-0. 99 Consent Calendar Item No. 15 - Denial of Use Permit 83-1~ - Council- woman Kennedy was concerned that the Resolution does not contain her concerns about the building covering up retail stores and looking like it vas an add-on and she asked if the resolution should only contain what the majority of the Council agreed on. The City Attor- ney responded that the resolution should only contain what the majority of the Council concurred upon. It was moved by Greinke, seconded by Edgar, to adopt the following: 15. RESOLUTION NO. 83-60 - A Resolution of the City Council of the City of Tustin, California, ACTING ON AN APPEAL OF THE CITY COUNCIL DENYING USE PERMIT 83-12 (Larwin Square Limited on behalf of Home Federal Savings and Loan) Motion carried 4-1, Saltarelli opposed. 81 Consent Calendar Item No. 17 - Tax Rates - Following a brief discus- slon ot setting tne tax rates the same as last year, it was moved by Edgar, seconded by Saltarelli, to adopt the following with changes in the tax rates to reflect the same level as 1982-83: 17. RESOLUTION NO. 83-65 - A Resolution of the City Council of the City of Tustin, California, FIXING AND DETERMINING THE AMOUNT OF REVENUE REQUIRED FROM PROPERTY TAXES OF THE CITY OF TUSTIN AND FIXING THE RATE OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO SERVICE THE DEBT OF THE GENERAL OBLIGATION BONDS OF THE CITY FOR THE FISCAL YEAR 1983-84 Motion carried 5-0. 97 Councilman Greinke left the meeting for a few minutes. VII. ORDINANCES FOR INTRODUCTION 1. 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 It was moved by Kennedy, seconded by Edgar, that Ordinance No. 1 894 have first reading by title on y. Carried 4-0, Greinke absent. CITY COUNCIL MINUTES Page 5, 9-6-83 Following reading of the title of Ordinance No. 894 by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordi- 89 be introduced. Motion carried 4-0, Greinke nance No. 4 absent. 31 Council concurred to postpone "Ordinances for Adoption" pending Councilman GreinKe's return. AGENDA ORDER IX. OLD BUSINESS 1, REPORT FROM COMMUNICOM ON RESPONSE OF LAST SIX RESIDENTS REGARD- ING PLACEMENT OF PEDESTALS Councilman Greinke returned to the meeting at 7:55 p.m. Don Guthrie, General Manager of CommuniCom, reported that they were successful in getting approval of all residents except two to place the pedestals in front of their residences, and they asked that the Council authorize placement of all pedestals. The two locations where approval was not given wore 14862 Fox- croft, which would affect service for 11 to 16 homes, and 1661 Brookshire, which would affect service for up to 60 homes. Following discussion of benefiting the most residents, it was moved by Greinke, seconded by Edgar, to authorize placement of the two remai ni ng pedestal s that do not have resident approval. Motion carried 5-0. 53 VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 893 - An Ordinance of the City Council of the City of Tustin APPROVING THE ACT OF ENTERING INTO A PUBLIC LEASEBACK BETWEEN THE CITY OF TUSTIN AND CITY OF TUSTIN WATER CORPORATION, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER A LEASE EVIDENCING THE SAME It was moved by Edgar, seconded by Kennedy, that Ordinance No. 893 have second reading by title only. Carried 5-0. Following the reading of the title of Ordinance No. 893 by the City Clerk, it was moved by Edgar, seconded by Greinke, that Ordinance No. 893 be passed and adopted. Roll call vote: AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: None 107 X. NEW BUSINESS 1. AWARD OF BID - F.Y. 1982-83 HANDICAPPED RAMP CONSTRUCTION PRO- GRAM The following bids were received: CONTRACTOR BUSINESS LOCATION BID Am & Hammer Concrete Removal Tustin $20,386.93 Gabi Const. Co. Inc. La Habra $20,952.00 J.T. Garza Const. Inc. Paramount $21,797.73 Gutierrez Const. Co. Fountain Valley $23,621.83 Changing Times Enterprises Inc. Buena Park $23,949.50 Steve Pandza Constructors Norco $24,375.00 It.was moved by Kennedy, seconded by Edgar, to award the subject bid to Am & Hammer Concrete Removal, Tustin, in the amount of $20,386.93 and to authorize staff to add approximately 20 addi- tional ramp locations to the project in order to utilize all of the available funds for this work. Carried 4-0, Greinke abstained. 92 CITY COUNCIL MINUTES Page 6, 9-6-83 2. BINGO PERMIT REGULATIONS It was moved by Saltarelli, seconded by Kennedy, that the following be added to Section 32~3c of the Tustln City Code: For those organizations which have a license in effect at the time of their relocation, the one-year period for reapplication is waived, provided, however, that the organi- zation occupied their previous site for at least one (1) year. ~ MotiOn carried 5-0. 31 3. ANALYSIS OF MULTIPLE RESIDENTIAL DEVELOPMENT STANDARDS The staff report was presented by the City Manager. It was moved by Kennedy, seconded by Edgar, to authorize staff to initiate proceedings and advertise a public hearing before the Planning Commission to consider amending the R-3 District development density and minimum off-street parking requirements for the following multiple residential zones: Planned Development District (PD) Duplex Residential District {R-2) Multiple Family Residential (R-3) Suburban Residential District (R-i) Motion carried 5-0. 74 4. SB 142 - SIGN LEGISLATION Since SB 142 has recently been amended to grandfather all exist- ing City sign codes, it was moved by Greinke, seconded by Edgar, to send a letter in support of SB 142. Carried 5-0. 61 -- XI. REPORTS 1. PLANNING COMMISSION ACTIONS - AUGUST 22, 1983 It was moved by Hoesterey, seconded by Edgar, to appeal Public Hearing No. 2, Use Permit No. 83-16 and Tentative Tract No. 11370 (161 condominium units at southerly terminus of Newport Avenue). Carried 5-0. 81 It was moved by Greinke, seconded by Edgar, to ratify the remainder of the Planning Commission Actions. Carried 5-0. 80 2. CHRISTMAS DECORATIONS ON EL CAMINO REAL The City Engineer presented the staff report as contained in his report dated August 30, 1983. As far as lighting each corner on E1 Camino, there are no underground conduits for lighting of trees and many of the facilities would have to be strung over- head which could be somewhat of a hazard during the rainy season. CoUncilman Saltarelli suggested an alternative since Council has received letters from other shopping centers also asking for decorations. Maybe we could consider putting up decorations at perhaps 4 or5 of the major intersections coming into town. Councilman Hoesterey suggested that non-illuminated decorations would be less expensive and would not require as much mainten- ance as illuminated decorations. Councilman Greinke expressed that the downtown area was differ- ent from other shopping centers. The Redevelopmerit Agency has spent a lot of money in that area and during the construction last year the businesses were disrupted and lost a lot of busi- ness. He felt the City should put up some kind of decorations that would perhaps say something like Yuletide Greetings or Season's Greetings. CITY COUNCIL MINUTES Page 7, 9-6-83 Councilman Edgar was in favor of decorating several inter- sections such as First and E1 Camino, Main and E1 Camino, and jacobson Square. Mayor Pro Tem Kennedy suggested that we start with the downtown area this year and make it a continuing pro- gram each year if funds are available. It was moved by Edgar, seconded by Hoesterey, that staff bring back a report with costs of decorating intersections with non- illuminated decorations on E1 Camino, First and Newport, Irvine and Newport, and Seventeenth and Yorba. Following further discussion, the motion was amended by Edgar, seconded by Greinke, to have staff bring baCK a report with costs of non-illuminated holiday decorations on E1 Camino as an initial program. The amended motion carried 5-0. Margaret Byrd suggested decorating with lights the beautiful pine tree in front of City Hall. Mr. Huston responded that staff would include costs for same in the report. 89 RECESS - REDEVELOPMENT; RECONVENED It was moved by Edgar, seconded by Greinke, to recess to the Redevelopment Agency at 8:45 p.m. for discussion of Design Review of 52 unit motel. Carried 5-0. The meeting was reconvened at 9:25 p.m. with all members present. XI. REPORTS ( Continued) 3. BULLET TRAIN Councilman Edgar provided an oral report on the League of Cali- fornia Cities meeting in Sacramento, reporting that Tustin's position on the bullet train in the form of a resolution was passed by the State League Committee on Environmental Quality, and the resolution is now being forwarded to the Annual League Conference. 101 X I I. OTHER BUSINESS 1. TUSTIN CHIEF OF POLICE SELECTED POLICE CHIEF OF THE YEAR Councilman Saltarelli congratulated Chief Thayer and requested appropriate recognition. Council concurred to direct staff to prepare the appropriate presentation. '84 2. KUDOS TO SUPERVISOR BRUCE NESTANDE - RESOLUTION NO. 83-66 It was moved by Saltarelli, seconded by Kennedy, to adopt the fol 1 owl ng: RESOLUTION NO. 83-66 - A Resolution of the City Council of the City of Tustin, Cali fornia, COMMENDING SUPERVISOR BRUCE NESTANDE FOR OBTAINING STATE FUNDING FOR RECONSTRUCTION OF THE MYFORD ROAD INTERCHANGE WITH THE SANTA ANA FREEWAY Carried 5-0. 54 3. JOHN WAYNE AIRPORT - JOINT POWERS AGREEMENT Counci 1 man Sal tare11 i cautioned against Tusti n becoming i nvol red in the Joint Powers Agreement between the City of Newport Beach and County of Orange. Tustin is presently in a relatively good position with existing take-off patterns, etc., and Newport Beach is in a good position to continue to fight to keep the number of flights and noise at acceptable levels. CITY COUNCIL MINUTES Page 8, 9-6-83 The City Manager suggested that although Tustin may not want to be a party to the agreement, the Council may want to communicate to Newport Beach its concern about any possible impact of addi- tional over-flights under the agreement and see how they respond. 4. RESTRIPING PARKING LOTS FOR COMPACT CARS Councilman Sal tarelli stated that he was informed Community Development Department staff had informed a developer that the City Council had recently ruled on a project {Larwin Square) that it was not appropriate to restripe a parking lot to allow for use of compact cars. He continued that as long as City ordinance allows for the use of compact cars in appropriate per- centage, same should prevail and be applied. Councilman Saltarelli was excused from the meeting at 9:31 p.m. 5. GRAFFITI REMOVAL Mayor Pro Tam Kennedy thanked and commended the Direqtor of Public Works on a good job in removing graffiti. 6. FIREARMS DISCHARGE FOR PROTECTION OF CROPS FROM BIRDS Mayor Pro Tam Kennedy reported that she has received complaints from Peppertree subdivision residents regarding discharge of firearms to frighten birds away from fields. She suggested encouraging farmers not to plant crops adjacent to residential areas. 7. AUDITING SERVICES Mayor Pro Tam Kennedy brought up the possibility of rotating auditing firms, and asked staff to investigate if it is custom- ary among municipalities to rotate auditing firms every few years. The City Manager responded that rotation is no longer customary as it results in a loss in continuity, staff time is lost in training auditors on accounting methods, and recommended against rotation stating that the current auditor is doing a good job and fees are reasonable. 8. OFFICIAL ADJOURNMENT - RUTH C. POE Council concurred with Councilman Edgar to adjourn the meeting in memory of Ruth C. Poe, former City Clerk from 1960 to 1980, who passed away on August 18, 1983. 84 9. SMOKE DETECTOR REPORT Councilman Edgar noted that the smoke detector compliance data report, which Council was informed would be available the end of August, has not been received. 10. BOYLE ENGINEERING REPORT The Director of Public Works responded to Councilman Edgar that the Boyle Engineering report should be completed the first week in November. 11. UPDATE TO GENERAL PLAN Councilman Edgar commented that it would be timely to update the General Plan to indicate that land north of Moulton Parkway which is in the City of Tustin will be zoned something other than Institutional. The City Manager stated that there are two considerations - one was getting cl ear title, which has been taken care of by the Irvine Company; the second consideration is the outcome of Reorganization No. 53 because it will have a relative effect on same. CITY COUNCIL MINUTES Page 9, 9-6-83 12. MRS. GREINKE AND DAUGHTER Councilman Grei nke acknowl edged hi s wife Margaret' s birthday who was present in the audience with the youngest of the Greinke children, Ellen O'Keefe. 13. STATE TRANSPORTATION MEETING IN SACRAMENTO Councilman Greinke reported that at the State Transportation Committee meeting in Sacramento, he and Police Chief Thayer were able to draft a resolution for the League that two-lane streets which are residentially designed and developed can be controlled by local forces, which would affect the 85th percentile ruling on the Main Street dilemma. 14. MARINE CORPS STREET DEDICATION CEREMONY Councilman Greinke reported on his attendance at the Marine Corps' street dedication ceremony in which they honored 18 Marines who gave their lives while serving in Rotor Wing Air- craft in Viet Nam by naming streets in their honor. 15. COMMENDATION TO DIRECTOR OF PUBLIC WORKS Councilman Greinke commended the Director of Public Works on his letter to out-of-area residents who complained about traffic on Redhill Avenue. XIII. ADJOURNMENT At 9:45 p.m. it v~s moved by Edgar, seconded by Greinke, to adjourn in memory of Ruth C, Poe, former City Clerk from 1960 to 1980, to the next regular meeting on September 19, 1983. Carried 5-0.