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HomeMy WebLinkAboutMinutes of 08-17-87 MINUTES OF A REGULAR ~ETING OF TIlE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUGUST 17, 1987 I. CALL TO ORDER/PLE[:~E OF AI. LEGIA~ICE/INVOCATION The meeting was called to order by Mayor Edgar at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Kelly, and the Invocation was given by Councilman Hoesterey. II. ROLL CALL. Councilpersons Present: Richard B. Edgar, Mayor Ursula 'E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Com. Dev. Director Charles R. Thayer, Chief of Police Robert Ledendecker, Dir. of Public Work-§ Ronald A. Nault, Finance Director Royleen White, Com. & Admin. Srvcs. Director Susan Jones, Recreation Superintendent Approximately 20 in the 'Audience III. PUBLIC HEARINGS ; 1. ESTABLISHING THE SOLID WASTE COLLECTION FEE FOR 1987-88 A AUTHORIZ- ING THE COUNTY TAX COLLECTOR TO PLACE SA/4E ON THE TAX ROLL *- RESOLUTION NO. 87-93 The.Finance Director gave the staff report. This is a continuation of the trash fees on the tax bill as was created last year. The increase is based upon the weighted factor that was agreed to four years ago with our current: trash haulers. Those factors increased 3.34%. The overall increase to the solid waste collection fee as proposed is actually about 2.25%. There are two elements that make up the collection fee. One is the cost for residential pickup, and then there is the disposal fee which the County charges at the landfill site at $1.50 per residential unit. The prosposed fee is $5.48 per residential fee and the annual fee is $65.76. There will be approximately 5,000 residential units affected by this fee. The public hearing was opened at 7:04 p.m. There were no speakers on the matter, and the public hearing was closed. It was moved b~. Hoesterey, seconded by Kennedy, to adopt the' following: RESOLUTION NO. 87-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTTN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF SEC- TION 5473 ET SEQ. OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA, FINALLY APPROVING AND ADOPTING A REPORT RELATIVE TO PARCELS OF REAL PROPERTY RECEIVING SOLID WASTE COLLECTION SERVICES, DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION TO BE ASSESSED AGAINST THE RESPECTIVE LOTS OR PARCELS OF LAND AS THEY APPEAR ON THE CURRENT ASSESSMENT ROLL The motion carried 5-0. g7 2. ZONING ORBINAJICE At4ENDMENT NO. 87-3 - ON-SITE & OFF-SITE REDENPTION CENTERS FOR RI~CYCLABLE BEVEIL~GE CONTAINERS - ORDINANCE NO. 993 The Senior Planner, presented the staff report. This item is a zoning ordinance amendment which would add to our Municipal Code, CITY COUNCIL MINUTES Page 2, 8-17-87 provisions for dealing with the California Beverage Container Recycling and Litter Reduction Act which was passed by State Legis- lature in 1986. This Act establishes six convenient zones in the City which are determined by the State Department of Conservation. A convenience zone qualifies as an area that lies within a half~ mile radius of a supermarket which does $2,000,O00/year or more in gross annual sales. Commencing September 1, all beverage con- tainers will be marked with a redeemable value. These are for con- tainers made of aluminum, glass, or plastic. There are also some provisions in some areas fop bi-metal, meaning steel and aluminum. Provisions of State Law prohibit the City from denying approval of a small collection facility or reverse vending machine. However, they do not .prohibit the City from placing reasonable'controls on these facilities. The Planning Commission adopted a resolution which recommends approval of Ordinance 993 which provides for three different types of collection facilities within the convenience zones in Tustin. The first one is a reverse vending machine, which is similar to a soda machine or a water vending machine. The second type of machine is known as a bulk vending machine or a small collection facility. This is the type of facility that would be located in a parking lot where material would be deposited .and the redemption is given out' based on weight. The third type of facility is a large collection facility which would occupy a free-standing building or a store front in an existing shopping center. In dealing with these three types of facilities, staff has attested to address issues of location, design, and signage. The reverse vending machine is a small simple facility that staff has proposed to be dealt with on an administrative permit basis. A bulk vending machine and the large collection facility would be subject to a Conditional Use Permit. Councilwoman Kennedy was 'curious as to who enforces the Health Code Sanitation Standards. Senior Planner Rubin responded that staff included in the standards that the area be kept clean, free of litter, and free of pests and vermin. We would have the-ability to have the supermarketS or the supplier company to keep the facility clean. Councilwoman Kennedy said that we have such a difficult time enforcing health and safety in the City that she would like to see it in the system before we have the problem, if we can look at the Conditional Use Permit wording. Councilman Prescott had problems with the bulk vending machines. It would seem that they have the right to operate 24 hours within 30 feet of residential usage with noise levels up to 60 dba. Senior Planner Rubin responded that the noise level standards were taken from the City's noise ordinance and the hours of operation and the distance were standards that were recommended by the Department of Conservation in what they call a model ordinance. Those are flexible. They do not have to be open 24 hours a day. The minimum is 30 hours a week, and they are required to be open a certain number of hours past or beyond that which the host user supermarket is open for convenience. Councilman Hoesterey suggested opening the public hearing before the Council had further discussion. The public hearing .was opened at 7:19 p.m. Seeing no one, the public hearing was closed. Councilwoman Kennedy felt sound tones should be reduced. The Community Development Director said that the 65 dba is the limit for commercial uses. Larger setbacks might be a better solu- tion. She suggested perhaps 50-75 foot setbacks. CITY COUNCIL MINUTES Page 3, 8-17-87 Councilman Prescott suggested coupling the setbacks with limitation on hours of usage. It was moved by Kennedy, seconded by Kelly, that Ordinance No. 993 have first reading by title only with addition of a 75-foot setback~ limitation. A substitute motion was made by Prescott, seconded by Edgar, that the hours of operation be limited to.between 6:00 a.m. to midnight and with a 75-foot setback limitation Councilman Hoesterey-said we have the option to implement the hours as problems arise. Substitute motion carried 3-2, Kennedy and Hoesterey opposed. It was moved b~ Hoesterej/, seconded b~ Kennedy, that Ordinance No. 993 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 993 by the City Clerk, it was moved bi/ Prescott, seconded by Edgar, that the amended Ordinance No. 993 be introduced as follows: ORDINANCE NO. 993 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONING ORDINANCE AMENDMENT NO. 87-3 THEREBY'* AMEND- ING SECTIONS 9232.a.2, 9232.b, 9233.c, 9244.d, 9244.e.2 AND 9297 OF THE TUSTIN MUNICIPAL CODE, TO PERMIT REDEMPTION CENTERS FOR RECYCLABLE BEVERAGE CONTAINERS IN THE C-1, C-2 & PC, ZONING DIS- TRICTS, SUBJECT TO ADMINISTRATIVE AND CONDITIONAL USE PERMITS The motion carried 4-1, Hoeste~ey opposed. 81 Mayor Edgar asked for a time limit for a staff report regarding any probl ems. : 'Councilman Hoesterey recommended that we handle problems on an exception basis and if we have a problem, it will come back to Council. Mayor Edgar agreed. IV. PUBLIC INPUT 1. ANNEXATION NO. 140 Joseph Herzig, 1751 Rainbow Drive, requested petition statistics on Annexations No. 139 and No. 140. He sent mailgrams to the 5 Councilmembers and one to City Hall and has not received an answer. He read the mailgram. Mayor Edgar responded that copies of the petitions are in your possession and the analysis that the City Attorney performed was an analysis regarding those copies. Based upon that analysis, he wrote an opinion to the City Council, of which you have a copy, and based on that opinion, Council determined that an election was appropriate. To direct the City Attorney to do more work than he has interpreted is not something Council is electing to do. The City Attorney said that he had received a copy of the mailgram this date and' had a letter sent to Mr. Herzig which says, "Please find enclosed copies' of our letters to your attorney Roger Grable. All the records of the City relative to Annexation No. 140 are in the office of the City Clerk and may be inspected by you or anyone else anytime during regular working hours of the City Hall. Copies of these records may be obtained by you upon request. The City Council after reviewing the facts and considering staff reports and recommendations, adopted Resolution 87-71 finding and determining that a majority protest was not made and set an election for November 3, 1987, for the voters of the annexation territory to vote on whether they wanted their territory to be annexed to the City of Tustin. The election will be conducted by the Registrar of Voters pursuant to the request of the Council's Resolution 87-81." The City Attorney thought this an adequate response to Mr. Herzig's inquiries. The Council had no further comments. CITY COUNCIL MINUTES Page 4, 8-17-87 2. TILRFFIC PROBLEM ON ACACIA DRIVE Ed Songrath, 14581 Acacia Dr., said his problem is an unbearable traf- fic situation. The stop signs are just not adequate. He requested the City survey the situation in unmarked cars as people are on their best behavior when they see a marked Police car. People are ignoring the stop signs. The City Engineer and Chief of Police said they would study the situ- ation and possibly put signs warning of a stop sign ahead. They said they would do as much as they could to remedy the problems. 94 V. . CONSENT CALENDAR Item No.' 1 was removed from: the Consent Calendar by Councilman Prescott. It was moved by Kennedy, seconded by Hoesterey, to approve the remainder of the Consent Ca)endar. )he motion carriedS-O. 2. APPROWU. OF DEMANDS IN THE AMOUNT OF $950,828.62 RATIFICATION OF PAYROLL IN THE AMOUNT OF $151,146.94 50 3. REJECTION OF CLAIN NO. 87-20; CLAINAIEr: S1/LrFLANA CXIZHIK; DATE OF LOSS: 12-4-86; DATE FILED WITH CITY: 7/20/87 Rejected Claim No. 87-20 for indemnification as recome~ded by the City Attorney.. 40 4. ASSESSMENT DISTRICT NO. 85-1 UTILITY AGREEMENTS WITH IRVINE RANCH WATER DISTRIC~ Approved agreements for construction of water, sanitary sewer and reclaimed water facilities for A.D. 85-1 Project No. 6 (Tustin Ranch Road between~ Bryan Ave. and Irvine Blvd.) in the amount of $3,294.50, and Project No. 9 {Myford Road between E1 Camino Real and Irvine Blvd.) in the amount of $14,488.50; and authorized the Mayor and City Clerk to execute same as recom- mended by the Public Works Department/Engineering Division. 45 87-39; 87-40 5. ~]AMBOREE ROAD BETWEEN !-5 & IRVINE BLVD. FUNDING AGREEMENT WITH THE IRVINE COMPANY Approved subject agreement which provides for the Assessment District to fund 71.51% and The Irvine Company to fund 28.49% of the total project cost; and authorized the Mayor and City Clerk to execute same as reconrnended by the Public Works Department/Engineering Division. 45 87-41 O. ACCEPTANCE OF EASEMENT DEEDS ON ~LEKa, N PLACE FOR FIRE HYDRAJIT PURPOSES Accepted easement deeds for fire hydrant purposes on Alleman Place south of l~th Street from Robert and Linda Hitchens and from Richard and Rosemary Hernandez; and authorized recording with the County Recorder as recommended by the Public Works Department/Engineering Division. 49 7. DECLARATION AS SURPLUS, ONE PITNEY BOWES SCALE/POSTAGE MRCHINE, AND ONE BASIC FOUR COMPUTER SYSTEM Declared one Pitney Bowes S~ale/Postage Machine, Model #5600, and one Basic Four Computer System as surplus; and authorized the Finance Director to dispose of same at the highest return to the City as recommended by the Finance Department. 87 Consent Calendar Item No. I - Minutes of August 3, 1987 - Councilman Prescott requested that Redevelopment Agency Minutes of the August 3, 1987, meeting reflect that he abstained on the votes regarding Ruby's Restaurant. It was moved by Edgar, seconded by Kennedy, to approve the Minutes with the above correction. 1. APPROVAL OF MINUTES - JULY 27, 1987, ADJOURNED REGULAR MEETING AUGUST 3, 1987, REGULAR MEETING Carried 5-0, CITY COUNCIL MINUTES Page 5, 8-17-87 VI. ORDINANCES FOR INTRODUCTION None. Vii. ORDINANCES FOR ADOPTION 1. ZONE OIANGE 87-1 - OROINANCE NO. 989 Subject ordinance had first reading and introduction at the August 3, 1987, City Council meeting. It was n~ved by Kenned),, seconded bi/ Kelly, that Ordinance No. 989 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 989 by the City Clerk, it was moved b), Kenned),, seconded b), Hoesterey, that Ordinance No. 989 be passed and adopted as follows: ORDINANCE NO. 989 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING ZONE CHANGE 87-1 TO REZONE PROPERTIES GENERALLY LOCATED EAST OF NEWPORT AVENUE BETWEEN MAIN STREET AND SAN JUAN FROM (CG) ' COMMERCIAL GENERAL AND (CG-PUD) COMMERCIAL GENERAL- PLANNED UNIT DEVELOPMENT TO (PC-C) PLANNED COMMUNITY COMMERCIAL Roll Call Vote: AYES: Edgar, Hoesterey, Kelly, Kennedy, Prescott NOES: None ABSENT: None 110 2. ZONE OIANGE 87-2 - ORDINANCE NO. 990 Subject ordinance approves Zone Change 87-1 which rezones proper- ties west of Newport Avenue between the I-5 Freeway and Mitchell Avenue from Multiple Family Residential (R-3) and Retail Commercial (C-1) to Planned Community Commercial (PC-C). It was moved b), Kenned),, seconded b), Hoestere),, that Ordinance No. 990 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 990 by the City Clerk, it was moved b), Hoestere¥, seconded b), Kenned),, that Ordi- nance No. 990 be passed and adopted as follows: ORDINANCE NO. 990 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING ZONE CHANGE 87-2 TO REZONE PROPERTIES GENERALLY LOCATED WEST OF NEWPORT AVENUE BETWEEN THE I-5 FREEWAY AND MITCHELL AVENUE FROM MULTIPLE FAMILY RESIDENTIAL (R-3) AND RETAIL COMMERCIAL (C-1) TO PLANNED COMMUNITY COMMERCIAL (PC-C) Roll Call Vote: AYES: Edgar, Hoesterey, Kelly, Kennedy, Prescott NOES: None ABSENT: None 110 VIII. OLD BUSINESS None. IX. NEW BUSINESS 1. REQUEST FOR STREET NAME (~4ANGE - WALNUT STREET A request from Ms. Jocel.yn H. Edwards to change the name of Walnut Street between Newport Avenue and Orange Street to "Old Walnut." Councilman Hoesterey said that since he brought this change to the Council's attention about four years ago, he thought it might be beneficial ·that instead of having staff take a poll each time, that as we receive a request from people in the area, that they carry a petition to the neighborhood so that they can interact with the people they are asking to sign the petition for a street name change. CITY COUNCIL MINUTES Page6, 8-17-87 Mayor Edgar responded that he thought that was an excellent idea and perhaps a list of the people who live in the area could be pro- vided to Mrs. Edwards so that she could make that contact. The City Engineer said staff had recommended a name change to Sixth Street. There was Council consensus to direct staff to contact Mrs. Edwards to see if she would be willing to make the survey. 96 2. APPROVAL OF SUPER COI~4II-[EE TRANSPORTATION PROJECTS The Chairman of subject committee has' requested each cit~ review its list of project submittals and confirm same with Council action. It was moved by Edgar, seconded by Hoesterey, to confirm the following project submittals in the order of prioritization as shown: Regional Local 1. Eastern Transportation 1. E1Camino Real Widening Corridor Construction 2. Jamboree Road Construction 2. Santa Aha {I-5) Freeway 3. Edinger Avenue Widening.- Widening 4. Newport Ave. Extension to Edinger Avenue The n~tion carried 5~0. 101 3. REQUEST FOR STOP SIGNS AT THE INTERSECTIONS OF IEAF'WOOD LANE/ LORETTA DRIVE AND LAURIE LANE/LORETTA I)RIVE The City Engineer responded that staff has no additional informa- tion other than the inter-com dated July 24, 1987, prepared by the Public Works Department/Engineering Division. Not included were the actual warrants or the workout sheets for the warrants. Mayor Edgar said he thought the staff report was clear. The issue is similar to the one presented earlier in the meeting on Amaganset and Acacia. The residential street, through many circumstances, has been and continues to*be misused. Unfortunately, Loretta Drive has a distance of well over 1/4-mile of straight good road and some people choose to drive on it very fast. There was a serious acci- dent a few weeks ago that could very easily have been fatal. Unfortunately, he saw no alternatives to the stop sign to inhibit the number of people who choose to speed. He was in favor of installing a stop sign at Loretta Drive and Laurie Lane with the hope that it will slow down the speeders on Loretta. Helen Edgar said the police were out three nights in a row about 2-1/2 weeks ago in the middle of the night because of accidents and cars being driven across two lawns just two houses south of her. She and her .neighbors are asking for a three-way stop at Laurie Lane and Loretta Drive going north, south, and coming off of Laurinda Way. It was moved by Edgar, seconded by Kelly, to authorize staff to put a three-way.stop sign at Laurie Lane and Loretta Drive. The motion carried 5-0. ~ 4. INSTALLATION OF TWO NRRBELITE BANNER POLES - RESOLUTION NO. 87-92 A proposal to install two poles at a cost of $2,000 in the sidewalk area of 235 and 220 East Main Street to promote City functions. As recommended in the inter-com dated August 6, 1987, prepared by the Community Services Department, it was moved by Kennedy, sec- onded by Hoesterey, to adopt the following: RESOLUTION NO. 87-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE INSTALLATION OF TWO MARBELITE STREET LIGHT POLES FOR THE PURPOSE OF POSTING BANNERS TO PROMOTE PUBLIC EVENTS AND ESTABLISHING POLICIES FOR REGULATING THE USE FOR DISPLAY CITY COUNCIL MINUTES Page 7, 8-17-87 The motion carried 4-1, Kelly opposed. 41 X. REPORTS 1. PLANNING COMMISSION ~IONS - AUGUST 10, 1987 All actions of the Planning Commission become final unless appealed by the city Council or member of the public. It was moved by Hoesterey, seconded by Kennedy, to ratify the entire Planning Commission Action Agenda of August 10, 1987. The motion carried 5-0. I 2. 191)1)-89 ARTERIAL HIGHWAY FItL~NCING PROGRAJ~ (AHFP) PROJECTS An informational report on staff's intention to submit three candi- date projects for fiscal year 1988-89. It was moved by Hoesterey, seconded by Kennedy, to receive and file .subject inter-com dated August 10, 1987, prepared by the Public Works Department/Engineering Division. Mayor Edgar requested staff contact the Edison Company to see what the cost would be to underground Yorba Street between Irvine Boulevard and First Street. The Public Works Director said.he thought the only poles there were telephone poles and one street light that is wired overhead. He said he would check with the Edison Company. When staff reports back in December with the f~rmal applications to the County, a feasibility report will be included. Motion carried 5-0. 3. NORTH TUSTIN SPECIFIC ~AN It was moved by Hoesterey, seconded by Kenngdy, to continue subject item to the September 8 Council meeting. Motion carried 5-0. 81 4o STATUS REPORT ON REQUEST FOR CROSSWALK ON MAIN STREET, AND A TRAF- FIC SIGNAL AT THE INTERSECTION OF FIRST STREET/"B" STREET A status report on requests by Council to evaluate possible instal- lation of a crosswalk on Main Street between Centennial Way and the library building; and possible installation of a traffic signal on First at "B" Streets. It was moved by Hoesterey, seconded by Edgar, to receive and file subject report dated August 10, 1987, prepared by the Public Works Department/Engineering Division. The motion carried 5-0. 46 5. INVESTMENT SCHEDULE AS OF JULY 31, 1987 A1 report listing various investment schedules for the City and Redevelopment Agency with maturities 12 months or less and in excess of 12 months.~ It was moved by Hoesterey, seconded by Edgar, to receive and file subject report dated August 11, 1987, prepared by the Finance Department. The motion carried 5-0. 50 XI. OTHER BUSINESS 1. UPC~QJU)ING OF SOUTHWEST CORNER OF t4~IN AND WILLIA/4S Councilman Kelly inquired if staff could do something to upgrade the southwest corner of Main and Williams. The Public Works Director responded that the property is in the future street right-of-way. He said that staff would come back with suggestions for upgrading. CITY COUNCIL MINUTES Page 8, 8-17-87 2o AIRPORT SOUND MONITORING EOUIP~NT Councilman Kelly requested that the matter of the airplane sound monitoring equipment, the consultant's contract regarding the information Council requested, and a time limit for the report be agendized for the next meeting. 101 3. REPORT ON CITY ENTRANCE IOENTIFICATION SIGNS Councilwoman Kennedy requested a report for the next meeting on the entrance signs that were to be installed at various locations in the City. 94 4. UPDATE ON CONDITION ~ PROPERTY AT 17592 APAGANSET The Community Development Director reported that over the last few weeks staff has undertaken a good deal of Work on the property. There has been a new driveway poured, the exterior has been cleared of all overgrown debris and trees and shrubs. Everything is now in place to come back with the lien against the property to be imposed on the property owner. We have had very good responses from the surrounding neighbors. At this point the recorded nuisance filed with the County Recorder is going to be a continual enforcement item that we will keep regular tab on. We will come back to the Council with the proposed lien if we can't get a payment up front from the property owner. In response to Mayor Edgar, the*Community Development Director said that the work was.done by the City under Nuisance Abatement, which amounted to approximately $5,000. A "Notice of Substandard Condi- tion'' permits the City to continue to do this as needed until the property is in a state of continued maintenance. 81 5. ~HORIAL ADJOURNHENT Councilman Prescott requested that the City adjourn in memory of the people who lost their lives in the Northwestern airplane crash. 6. JAMBOREE ROAD AND I-5 Mayor Edgar asked if the Jamboree to I-5 project would be. on the September 8 agenda. The Public Works Director responded that it* was scheduled for this meeting but the plans were not received. Staff hopes to receive them in time for the next meeting. The Mayor asked that the April report be updated, with a precise time line of contracts and completions of all the projects so that we can monitor as a community, the completion of Jamboree Road from Chapman Avenue to the 405 freeway. ~ XII. RECESs - REDEVELOPMENT AGENCY - AOdOURN~ENT At 8:25 p.m., it was moved by Hoestere~, seconded by Edgar, to recess to a meeting of the Redevelopment Agency; and thence adjourn to the next Adjourned Regular Meeting on Tuesday, September 8, 1987, at 7:00 p.m. Carried 5-0. CITY CLERK