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HomeMy WebLinkAboutCC MINUTES 1982 09 07 MINUTES OF A REGULAR MEETING OF THE TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way September 7, 1982 I ,. CALL TO ORDER The meeting was called to order by Mayor Edgar at 4:05 p.m. II. ROLL ~ CALL Councilpersons Present: Edgar, Greinke, Hoesterey Councilpersons Absent: Kennedy, Saltarelli Others Present: James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Eva Solis, Deputy City Clerk Mike Brotemarkle, Comm. Dev. Director Roy Gonzales, Personnel Director Ronald Nault, Finance Director Royleen White, Community Services Director Bob Ledendecker, Director of Public Works Norman Nower, Traffic Engineer R. Kenneth Fleagle, Planning Consultant Approximately 10 in the audience III. PUBLIC CONCERNS Walter Flaherty stated he feels progress is slow pertaining to the E1 Camino Real/Main Street Improvements project and complained that M. H. Communication Company has further slowed progress on the proj- ect. The Director of Public Works responded that M. H. Communica- tion is the field contractor for the cable television franchise and was urged by the City to complete installation on E1 Camino Real/ Main Street prior to the final street paving. The Director indi- cated that the project is very complex, and the contractor is only about 3 days behind schedule. Mayor Edgar noted that the contract contains a penalty/bonus clause as incentive for the contractor to complete the project on schedule. The Director responded to Mr. Flaherty's other concerns. CALENDAR It was moved by Greinke, seconded by Noesterey, to approve the entire Consent Calendar · Carried 3-0, Kennedy and Saltarelli absent. 1 · APPROVAL OF MINUTES - September 1, 1982; August 31, 1982; August 30, 1982; and August 16, 1982. 2. APPROVAL OF DEMANDS in the amount of $1,011,798.48. RATIFICATON OF PAYROLL in the amount of $191,659.76. 50 3. RESOLUTION NO. 82-71 - A Resolution of the City Council of the City of Tustin, California, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM Adoption of Resolution No. 82-71 as recommended by the Director of Community Services. 77 4. RESOLUTION NO. 82-76 - A Resolution of the City Council of the ~'~ City of Tustin DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF AN ALLEY BETWEEN EL CAMINO REAL AND "C" STREET AND NORTHERLY OF SECOND STREET AND TO FIX A TIME AND PLACE OF PUBLIC HEARING THEREON Adoption of Resolution No. 82-76 as recommended by City Engineer. 105 5. RESOLUTION NO. 82-73 - A Resolution of the City Council of the City of Tustin, APPROVING FINAL TRACT NO. 11336 LOCATED AT 1651 MITCHELL AVENUE Adoption of Resolution No. 82-73 as recommended by the Corn- manity Development Department. 99 CITY COUNCIL MINUTES Page 2, 9-7-82 6. RESOLUTION NO. 82-74 - A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (FY-1981-82 Handicapped Ramp Construction Program - Nobest, Inc. ) Adoption of Resolution No. 82-74 and if no claims or stop payment notices are filed within 30 days of recordation of the NotiCe of Completion, authorize payment of the final 10% retention amount as recommended by the Engineering Depart- ment · 92 7. RESOLUTION NO. 82--75 - A Resolution of the City Council of the City of Tustin, California, OPPOSING PROPOSITION 13, THE INITIA- TIVE MEASURE ENTITLED "WATER RESOURCES, STATUTORY INITIATIVE." Adoption of Resolution No. 82-75 as recommended by the City Engineer · 107 8. REQUEST FOR RESTRICTED PARKING AT 15520 TUSTIN VILLAGE WAY Authorize the installation of signing to restrict on-street parking during street sweeping hours on Tustin Village Way adjacent to 15520 Tustin Village Way and that warnings be issued in lieu of citations for the first 30 days after the sign installation as recommended by the City Engineer. 75 V. OPDINANCE FOR INTRODUCTION :~ 1. ORDINANCE NO. 875 - An Ordinance of the City Council of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO THE REGULATION OF SECURITY BUSINESSES The City Manager responded to Councilman Hoesterey that false alarm fees would be an administrative matter; i.e., the ordi- nance would permit the Police Chief to determine the policy on same. Councilman Greinke felt the ordinance is discriminatory by differentiating between residents and businesses; and there is no provision for alarms triggered by telphone signals. Following further discussion, it was moved by Hoesterse, secon- ded by Edgar, that Ordinance No. 875 have first reading by title only. Carried 3-0, Kennedy and Saltarelli absent- Following reading of the title by the City Clerk, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 875 be introduced. Mayor Edgar suggested that Councilman Greinke list his concerns so that the Police Chief can respond to same at the next meet- ing. Kathy Weil, 1702 Summerrills, commented that the ordinance is perhaps addressing businesses with automatic alarm systems that are hardwired directly into the Police Department, and there are probably very few residents (if any) with such sophisticated alarm systems. She agreed it would be helpful to have the Police Chief present to address concerns. Motion carried 3-0, Kennedy and Saltarelli absent. 82 VI. OLD BUSINESS 1. MAIN STREET- BRYAN AVENUE SPEED ZONE STUDY & ORDINANCE NO. 873 The Director of Public Works presented the staff report and recommendation as contained in his memo dated August 25, 1982. Council/staff discussion followed on methods for decreasing the speed limit on Main Street. Agnes Bacon was recognized by Council and suggested installation of a narrow divider on Main Street to prevent passing by speeding traffic. CITY COUNCIL MINUTES Page 3, 9-7-82 It was then moved by Moesterey, seconded by Greinke, to continue the matter to the September 20 meeting for input from the Police Chief and alternatives of restriping the street or altering the physical nature of the street. Councilman Greinke requested that staff prepare a report which can be forwarded by Council to the League of California Cities requesting changes in the law that has made it difficult to set the speed limit on Main Street to 30 mph. Following further discussion, the motion carried 3-0, Kennedy and Saltarelli absent. 100 VII. OTHER BUSINESS 1. FIRST ANNUAL CITY EMPLOYEES' PICNIC Councilman Greinke offered kudos and appreciation to Administra- tive Secretary Donna Treat and all staff members who helped in making the August29, 1982, City Employees' Picnic a success. 2. STATE CONTROL OF FIREWORKS In response to Councilman Moesterey's concern, it was moved by Greinke, seconded by Hoesterey, to authorize the Mayor to send a letter (supplemented by a Mailgram) to Governor Brown urging him to veto the bill which would take away the power of local cities to control the sale of fireworks. Carried 3-0, Kennedy and Saltarelli absent. 51 Councilman Greinke suggested that a letter be sent to all Orange County city councils requesting their support of Tustin's posi- tion on the matter. Councilman Moesterey suggested that if there are statistics on reduction of accidents or hospital calls due to fireworks that further correspondence be sent. 3. GENERALREVENUE SHARING -CHRISTIAN TEMPORARY HOUSING FACILITY Mayor Edgar reported that a report from Police Chief Thayer indicated that there is merit to the request by Christian Tempo- rary Mousing Facility for revenue sharing funds. The City Man- · ager stated the matter will be agendized for the September 20 meeting. 4. SOUTH/CENTRAL REDEVELOPMENT AREA In response to Mayor Edgar, the City Manager reported that information received from the consultant on this item will be provided at the September 20 meeting. VIII. RECESS - EVENING At 4:51 p.m. it was moved by Greinke~ seconded by Hoesterey, to recess to the 7:30 p.m. session. Carried 3-0, Kennedy and Salta- relli absent. CITY COUNCIL MEETING RECONVENED ~'~ 7:30 PM MEETING I. CALL. TO ORDER The meeting was called to order by~yor Edgar at 7:32 p.m. II. ROLL~ CALL Co~cil~rsons Present: Edgar, Greinke, Hoesterey Co~cilpersons ~sent: Kennedy, Saltarelli Others Present: J~es G. Ro~ke, City Attorney William A. Muston, City Manager ~ E. W~n, City Clerk Mike Brotemarkle, C~. Dev. Director Bob Ledendecker, Dir. of P~lic Works Ron Nault, Finance Director CITY COUNCIL MINUTES Page 4, 9-7-82 PUBLIC CONCERNS None. PUBLIC HEARINGS 1. ZONE CHANGE 82-2, ORDINANCE NO. 878 - An Ordinance of the City Council of the City of Tustin, APPROVING THE RE-ZONING OF CER- TAIN PROPERTIES FROM C-1 TO CG DISTRICT AT THE NORTHEASTERLY CORNER OF NEWPORT AVENUE AND MITCHELL AVENUE (Taco Bell) The Community Development Director presented the staff report and recommendation. The public hearing was opened at 7:33 p.m. There being no com-i ments or objections, the public hearing was closed and it was moved by Hoesterey, seconded by Greinke, that Ordinance No. 878 have first reading by title only. Carried 3-0, Kennedy and Saltarelli absent. Following the reading of the title of Ordinance No. 878 by the City Clerk, it was moved by Boesterey, seconded by Greinke, that Ordinance No. 878 be introduced. Carried 3-0, Kennedy and Saltarelli absent. 110 2. ZONE CHANGE 82-3, ORDINANCE NO. 876 - An Ordinance of the City Council of the City Of Tustin, APPROVING THE RE-ZONING OF THE PROPERTY LOCATED ON THE SOUTH SIDE OF MAIN STREET BETWEEN "B" AND "C" STREETS SOUTHERLY FROM MAIN ON "B" FOR 36 FEET AND SOUTHERLY FROM MAIN ON "C" FOR 304 FEET, FROM THE MULTIPLE- FAMILY RESIDENTIAL (R-3) DISTRICT TO THE PROFESSIONAL OFFICE (PR) DISTRICT (Stevens Square) The Community Development Director presented the staff report and recommendation. The public hearing was opened at 7:34 p.m. There being no com- ments or objections, the public hearing was closed and it was moved by Hoesterey, seconded by Greinke, that Ordinance No. 876 have first reading by title only. Carried 3-0, Kennedy and Saltarelli absent. Following the reading of the title of Ordinance No. 876 by the City Clerk, it was moved by Hoesterey, seconded by Greinke, that Ordinance No. 876 be introduced. Carried 3-0, Kennedy and Saltarelli absent. 110 3. PROPOSITION 4 - APPROPRIATION LIMITATION FISCAL YEAR 1982-83, RESOLUTIC8 NOo 82-70 - A Resolution of the City Council of the City of Tustin, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1982-83, IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE The public hearing was opened at 7:36 p.m. There being no comments or objections, the public hearing was closed and it was moved by Greinke, seconded by Hoesterey, to adopt Resolution No. 82-70 which Sets the City of Tustin's 1982-83 appropriation limit at $11,695,561. Carried 3-0, Kennedy and Saltarelli absent. 29 4. ZONE CHANGE 82-4, ORDINANCE RD. 877 - An Ordinance of the City Council of the City of Tustin, APPROVING THE RE-ZONING OF THE PROPERTIES LOCATED AT 17311 and 17341 MCFADDEN STREET FROM MULTIPLE-FAMILY RESIDENTIAL (R-3) DISTRICT TO COMMERCIAL GENERAL-PLANNED UNIT DEVELOPMENT (CG-PUD) DISTRICT The Community Development Director presented the staff report and recommendation. CITY COUNCIL MINUTES Page 5, 9-7-82 The public hearing was opened at 7:37 p.m. There being no am- ments or objections, the public hearing was closed and it was moved by Greinke, seconded by Hoesterey, that Ordinance No. 877 have first reading by title only. Carried 3-0, Kennedy and Saltarelli absent. Following the reading of the title of Ordinance No. 877 by the City Clerk, it was moved by Greinke, seconded by HoestereF, that Ordinance No. 877 be introduced. Carried 3-0, Kennedy and ~ Saltarelli absent. 110 V. OTHER BUSINESS SCHEDULING PUBLIC HEARINGS It was moved by Edgar, seconded by Hoesterey, that staff be given the option to judge when Public Hearings are noncontro- versial and then can be scheduled for the 3:00 p.m. meeting. Carried 3-0, Kennedy and Saltarelli absent. 83 VI. ADJOURNMENT It was moved by Hoestere~, seconded by Greinke, to adjourn at 7:40 p.m. to a Workshop on September 13, 1982, at 7:30 p.m. in the Coun- cil Chambers for consideration of the Planning Commission and thence to the next reg~ar meeting on September 20, 1982. Carried. ~T~ CLERK~