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HomeMy WebLinkAboutCC MINUTES 1981 11 16 MINUTES OF A REGULAR MEETING OF THE TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way NOVEMBER 16, 1981 CALL TO ORDER The meeting was called to order by Mayor Pro Tem Hoesterey at 3:10 p.m. ~ ROLL CALL Councilpersons Present: Edgar, Hoesterey, Kennedy, Saltarelli Councilpersons Absent: Sharp Others Present: Alan R. Watts, Deputy City Attorney William A. Euston, City Manager Mary E. Wynn, City Clerk Mike Brotemarkle, Comm. Dev. Director Ken Fleagle, Planning Consultant Bob Ledendecker, Director of Public Works Ron Nault, Finance Director Royleen White, Community Services Director Eva Solis, Deputy City Clerk Approximately 8 in the audience III. PRE- SENTATIONS 1. OUTSTANDING PEDESTRIAN SAFETY RECORD Gene Shaw, District Office Manager, Automobile Club of Southern California, presented a "Special Citation for Outstanding Pedes- trian Accident Record" in the 1980 American Automobile Associa- tion Pedestrian Safety Inventory Program. Mayor Pro Tem Hoesterey accepted the award on behalf of the City ~ and expressed thanks to the Police and Engineering Departments ~ and to the citizens of Tustin. 84 2. PROCLAMATION SPECIALOLYMPICS/DANCETHON '81 DAY Mayor Pro Tem Hoesterey read and presented the proclamation designating Sunday, November 22, 1981, as Special Olympics/ Dancethon '81 Day to Kathy Davis. The Community Services Direc- tor interjected that she would be participating in the Dancethon and encouraged everyone to sign her pledge card. 84 IV. PUBLIC CONCERNS None V. CONSENT CALENDAR It was moved by Edgar, seconded by Saltarelli, to approve the entire Consent Calendar. Motion carried 4-0, Sharp absent. 1. APPROVAL OF MINUTES - November 2, 1981 Regular Meeting November 9, 1981 Special Meeting W-~ 2- APPROVAL OF DEMANDS in the amount of $186,979.07. ~ RATIFICATION OF PAYROLL in the amount of $98,546.40. 50 3. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS, TRACT NO. 10677 (Quail Place Development located on Vandenberg Lane between Yorba Street and Prospect Avenue) Accept all public improvements within Tract No. 10677 and authorize the release of Bond No. L05-047312 - Faithful Per- formance, $6,450.00, and Bond No. L05-047312 - Labor and Materials, $3,225.00 as recommended by the City Engineer. 99 CITY COUNCIL MINUTES Page 2, 11-16-81 4. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS, TRACT NO. 10258 (Residential condominium conversion located on the easterly side of "B" Street between McFadden Avenue and Mitchell Avenue) Accept all public improvements within Tract No. 10258 and authorize the release of Bond No. 9SM-552-792 Faithful performance, $14,600.00; Bond No. 9SM-552-792 - LabOr and Materials, $7,300.00; and Bond No. 9SM-552-794 - Monumenta- tion, $1,000.00, as recommended by the City Engineer. 99 VI. ORDI- NANCE FOR INTRODUCTION 1. ORDINANCE NO. 863 - An Ordinance of the City Council of the City of Tustin, California, ADDING SECTION 1418 TO THE TUSTIN CITY CODE REGARDING THE OFFICE OF CITY MANAGER It was moved by Edgar, seconded by Saltarelli, that Ordinance No. 863 have first reading by title only. Carried 4-0, Sharp absent. Following reading of the title by the City Clerk, it was moved by Kennedy, seconded by Edgar, that Ordinance No. 863 be introduced. Motion carried 4-0, Sharp absent. 35 VII. ORDI- NANCE FOR ADOPTION 1. ORDINANCE NO. 859 - An Ordinance of the City Council of the City of Tustin, California, ADOPTED AS AN URGENCY MEASURE PROHIBITING STRUCTURES IN THE R-3, MULTIPLE FAMILY RESIDENTIAL, DISTRICT IN EXCESS OF PRESCRIBED HEIGHTS WITHIN CERTAIN DISTANCES OF PROP- ERTY ZONES R-A, E-4, AND R-1. It was moved by Kennedy, seconded by Edgar, to continue Ordi- nance No. 859 to the December 7, 1981, meeting. Carried 4-0, Sharp absent. 81 VIII. OLD BUSINESS 1. SYCAMORE AVENUE/CARFAX AVENUE TRAFFIC STUDY As recommended by the Director of public Works, it was moved bX Kennedy, seconded by Edgar, to COntinue the matter to the eve- ning meeting. Carried 4-0, Sharp absent. 100 2. POLICY REGARDING PUBLIC HEARING NOTICES The City Manager presented the staff report and recommendation. It was then moved by Edgar, seconded by Kennedy, to approve the policy as presented in the report dated November 10, 1981, pre- pared by the City Manager. Councilman Saltarelli spoke in opposition to the expanded noti- fication radius above and beyond State requirements, but would be agreeable to a 500' radius on an as-needed basis. Councilman Edgar felt extending the norm is advantageous due to the sensi- tivity of public hearing notices. Councilwoman Kennedy felt the 500' radius would act as a safety precaution and fulfill the letter and intent of the State Code. Mayor Pro Tem Hoesterey stated the intent was to insure that affected organizations (such as homeowners' groups, business groups, etc.) were noti- fied of public hearings. The City Manager responded to Council- woman Kennedy that the computer will only store and retrieve property owner names by parcel number, but will not draw a 500' radius around a specific location. A substitute motion was made b2 Hoesterey, seconded by Edgar, to approve the amended policy as follows: 1. All property owners within 300 feet of the affected property will receive written notice of the public hearing a minimum of 10 days before the scheduled date of the hearing. Notices will also be conspicuously posted within the affected area. CITY COUNCIL MINUTES Page 3, 11-16-81 2. All homeowner associations or other local organizations representing the interests of property owners within 300 feet of the affected property shall receive written notice. 3. All notices of a public hearing will be sent by first class mail with the envelope or postcard marked as follows: OFFICIAL NOTICE AFFECTS YOUR PROPERTY PLEASE READ! 4. The City may evaluate and utilize other means of providing public notices, such as computer programming and cable tele- vision (announcement of public hearings on the public ser- vice channel) which are cost-effective. Council/staff discussion followed. The Deputy City Attorney commented that by enacting a limitation in excess of State law requirements, the City may someday be challenged if it violates its own 500 foot requirement, even though it was more strict than the State law. Also, there is now a more strict require- ment to check advance listings of property ownership prior to the time they become a finalized roll if it is not too burden- some on the public agency responsible for notice. Following his comments, the substitute motion carried 4-0, Sharp absent. 83 IX. NEW BUSINESS 1. AWARD OF BID - BID - 1982 ANNUAL STREET STRIPING Bids were solicited for the following measured quantity items: 4" Broken Line - 192,180 L.F.; 4" Solid Line - 61,160 L.F.; 6" ~olid Bike Lane - 28,540 L.F.; 8" Solid Line - 28,060 Double Solid Line - 104,393 L.F.; and Double Solid and Broken Line - 8,170 L.F. Bids were received as follows: Orange County Striping Service, Inc., Irvine $21,235.90 J and S Sign Company, Inc., Orange $23,666.72 Safety Striping Service, Inc., Fillmore $24,450.22 AS recommended in the memo dated November 3, 1981, prepared by the Director of Public Works, it was moved by Edgar, seconded Kennedy, to award the bid for street striping services to Orange County Striping Service, Inc., Irvine, in the amount of $21,235.90 effective January 1, 1982. Carried 4-0, Sharp absent. 95 2. AWARD OF BID POLICE REPLACEMMMT VEHICLE (Funded from the Equipment/Vehicle Leasing Fund) Bids were received for a 1/2-ton van-type vehicle as follows: Villa Ford, Orange $8,953.66 Santa Ana Ford, Santa Aria $8,975.88 Guaranty Chevrolet, Santa Ana $9,260.65 Bill Corwin Ford, Orange $9,293.41 AS recommended in the memo dated November 3, 1981, prepared by the Director of Public Works, it was moved by Edgar, seconded Kennedy, to award the bid for a 1982 Ford El00 1/2-ton van to Villa Ford, Orange, in the amount of $8,953.66. Motion carried 4-0, Sharp absent · 87 X. OTHER BUSINESS RESOLUTION NO. 81-24 - A Resolution of the City Council of the City of Tustin, CONFIRMING THE MASTER PROPERTY TAX TRANSFER AGREEMENT FOR PROPOSED NEWPORT/VANDERLIP ANNEXATION NO. 129 AS recommended by the City Manager, it was moved by Edgar, sec- onded by Kennedy, to adopt Resolution No. 81-124. Carried 4-0, Sharp absent. 24 CITY COUNCIL MINUTES Page 4, 11-16-81 2. STREET MARKINGS DESIGNATING FIRE HYDRANT LOCATION In response to Councilman Edgar, the Public Works Director reported that the blue reflectors used to designate location of fire hydrants were installed in County areas as a joint project with the Fire and Road Departments. To do this within City limits would be solely financed by the City, with no financing from the County. Staff has kept this type project in mind, and if the budget is within reason, intends to suggest same towards the end of the year at a rough approximate cost of $8,000 to complete throughout the City. 3. TOXIC WASTE DISPOSAL SITE Councilman Edgar made reference to written correspondence from the City Attorney regarding certification of the EIR on the waste disposal site, and urged the City to continue critizing the EIR process to maintain any legal standing should the EIR be certified without the City's active critical input. The City Manager responded that staff will continue to raise objections and damand response during the EIR process. Staff has met with the County Dept. of Education encouraging them to respond which they have, and the irvine Company has also been contacted and responded · The Community Development Director stated that staff did respond to the draft EIR within the 45 days, and the consul- tant's next step is to prepare a final EIR. Once the final EIR is prepared, a hearing will be set before the County Planning Commission to certify the EIR. At this point, there has been no response to City comments on the draft EIR. City comments should be included, along with the response to those comments, in a final EIR which we would then have an opportunity to review before the planning Commission hearing for certification. The City Manager added that the City is waiting to respond to the final draft and will continue to stay alert on the matter. 4. CLEAN WATER ACT In response to Councilman Edgar, the City Manager indicated that correspondence to our legislative respresentatives in terms of the urgency of a Clean Water Act decision was mailed by his office on this date. 5. TIMETABLE OF CONTRACTS The Public Works Director responded to Councilman Edgar that the time schedule indicated that solicitation of bids would commence in November before a consultant prepares the designs. Staff has commenced solicitation of bids on the E1 Camino Real design pro- ject which are scheduled to be submitted on November 25, with a recommendation to the Redevelopmerit Agency on December 7. On the park project, bids will be going out this month; once those are submitted staff will screen them down to six or seven consultants and conduct interviews; and the recommendation to Council will be submitted approximately January 4, 1982. 6, TOXIC WASTE TRANSFER STATION Councilwoman Kennedy reiterated Councilman Edgar's concerns on the matter, and requested that this be held in top priority. Jeffrey McElderry, Chamber of Commerce representative, reported that the Chamber of Conmlerce has written to both Supervisor Riley and Assemblyman Lewis on the matter. Assemblyman Lewis, in turn, has communicated with Supervisor Riley. Mr. McEldery continued that Assemblyman Lewis' assistant sent him a letter advising him of ASsemblyman Lewis' actions, and was informed that it still appears the No. I site is in Tustin, with a deci- sion expected in December. CITY COUNCIL MINUTES Page 5, 11-16-81 It was moved b~ Saltarelli, seconded b~ Edgar, to adjourn at 4:00 p.m. to the 7:30 p.m. evening session. Carried 4-0, Sharp absent. CITY COUMCIL MEETING RECONVENED 7:30 P.M. MEETING I. CALL TO ORDER The City Council meeting was called to order by Mayor Pro Tem Hoesterey at 7:30 p.m. II. ROLL CALL Councilpersons Present: Edgar, Hoesterey, Kennedy Councilpersons Absent: Saltarelli, Sharp Others Present: Alan R. Watts, Deputy City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Mike Brotemarkle, Conun. Dev. Director Bob Ledendecker, Director of Public Works Charles R. Thayer, Police Chief Jeff Davis, Planning Intern Approximately 25 in the audience III. PRESEN-- TATIONS Plaques were presented by Mayor Pro Tem Hoesterey to Cherrill Webb for managing the Tustin Tiller Day Fair and to Terry Sorenson, repre- sentative of the Tustin Jaycees, for managing the Tustin Tiller Day Parade. 84 IV. RECESS It was moved b~ Edgar, seconded by Kennedy, to recess to the Plan- ning Agency at 7:34 p.m. Motion carried 3-0, Sharp and Saltarelli absent. V. RECON- VENED The meeting was reconvened by Mayor Pro Tem Hoesterey at 8:18 p.m. VI. PUBLIC HEARINGS 1. APPEALOF PLANNING AGENCY DECISION DENYING VARIANCE 81-7 (MONU- ment sign for Liquor/Deli store in Enderle Center, 17440 17th, Suite D) The staff report was presented by the Community Development Director, recommending upholding the Planning Agency's denial of Variance 81-7. Mr. Kam Yes, applicant, explained that he is not asking for a new sign but permission to relocate a sign. Without a monument sign, the future of his store is uncertain because traffic in the center is not sufficient to support the store. Two previous variances were granted for restaurants and this sign would not be detrimental to the community. Two-thirds of the store is deli and one-third is liquor. Jim Shimozono, Managing General Partner of Enderle Center, sup- ported Mr. Yee's request saying that businesses in that location have had problems surviving. The Center will sacrifice a 75 sq. ft. center identification sign if the variance is granted. The public hearing was closed at 8:32 p.m. It was moved by Edgar, seconded by Hoesterey, to authorize a sign that precisely matches all dimensions of the "Ho-Ho" Restaurant sign. He justified the motion on the basis of the large footage of the facility, dispensing of food, and deletion of a center identification sign. CITY COUNCIL MINUTES Page 6, 11-16-81 Councilwoman Kennedy stated she could not support the motion because Enderle Center is setting a precedent. Salty Sam's, despite a variance for a sign, is no longer in business. The motion carried 2-I, Kennedy opposed, Saltarelli and Sharp absent. 81 2. PROPOSED ZONING CODE AMENDMENTS FOR RESIDENTIAL HEIGHT LIMITA- TIONS -- ORDINANCE NO. 862 The Community Development Director recommended that this item be continued to the December 7, 1981 meeting to coincide with the Planning Agency hearing. The public hearing was opened at 8:39 p.m. There being no comments or objections, it was moved by Edgar, seconded by Kennedy, to continue the public hearing to the December 7 meeting. Carried 3-0, Saltarelli and Sharp absent. 110 VII. PUBLIC CONCERNS None VIII. OLD BUSINESS 1. SYCAMORE AVENUE/CARFAX AVENUE TRAFFIC STUDY The Director of Public Works reported that staff had previously investigated installation of a four-way stop signat carfax and Sycamore and the warrants were not met. The traffic counts are between 9300 and 9800. Widening of the street was not studied, as that would increase traffic. The City has only 15 or 20 per- cent of the right-of-way to widen, If widened, some buildings would have to be remodeled or removed. The Director did not think the City could consider widening until traffic counts reach 15,000 or 16,000, and recommended that no additional action regarding the intersection of Sycamore and Carfax Avenue be taken at this time. Councilwoman Kennedy said that since the recommendation is to do nothing at this time, could the crosswalks and red Curbing be repainted. The Director agreed to this. Suzanne Zier, 1152 Meir Lane, asked about reducing the speed limit of 35 mph on Sycamore between Red Hill and Newport. The Public Works Director responded that speed limit studies have to be reviewed every five years, and he would check if this is one to be restudied. 100 OTHER BUSINESS 1. POSSIBLE REGIONAL AIRPORT SITE Councilwoman Kennedy requested that staff stay informed on the possible site of a regional airport near Irvine Lake. Councilman Edgar said that there has been no analytical reports on this and it would be premature to make any recommendation at this time. 2- USE OF RDA FUNDS FOR OVERPASS FUNDING Councilman Edgar acknowledged the memo from the City Attorney relating to the possibility of using existing RDA funds for the Newport Avenue overpass at Edinger but asked if there was some- thing else that needed to be done to further investigate this. The City Manager explained that the City Attorney has given the legal opinion that you can use tax increment funds outside of a project area. The real issue is the priority of the project. We have many projects that have potential. This project could lead to land acquisition and bending. Staff will be studying these projects- CITY COUNCIL MINUTES Page 7, 11-16-81 Jeff McElderry, representative from Chamber of Commerce, asked if the City could install an at-grade crossing which would save alot of money. It was explained to him that staff has been pursuing this for some time but the Public Utilities Commission (PUC) has to approve it and we have not yet been able to get approval. Staff will continue communicating with PUC. 3. REMOVAL OF POLITICAL SIGNS Councilman Hoesterey suggested withholding bonds until political signs have been removed within the City. Council concurred. 93 4. POLLING OF RESIDENTS ON WALNUT STREET REGARDING STREET REGARDING STREET NAME CHANGE Because of confusion to Paramedics re Walnut Avenue and Walnut Street on a recent call, Councilman Hoesterey asked about chang- ing the name of Walnut Street. The Director of Public Works responded that the City had looked into this about five or six years ago, the residents were polled, and the 100% response was that they did not want the name changed. Council concurred to poll the residents again. 96 5. BICYCLES IN CIVIC CENTER COMPLEX Councilman Hoesterey reported that there are quite a few bicycles that traverse the sidewalks outside City Hall and asked staff to look into signing or other possible action. Xo ADJOURNMENT It was moved b~ Edgar, seconded b}, Kennedlx, to adjourn at 9:00 p.m. to the next regular meeting on December 7, 1981. Carried.