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HomeMy WebLinkAboutCC 1 MINUTES 11-18-85MINUTES O~ A REGULAR MEETIN(~ OF ll~E CITY COUNCIL OF ll4E CITY OF TURIN, CALIFO(~NIA NOVEMBER 4, 1985 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was'called to order by Mayor Greinke at 7:03 p.m. in the City Council Chambers, 300 Centennial Way. Mayor Greinke led the Pledge of Allegiance, and the Invocation was given by Councilman Edgar. I I. ROLL CALL Councilpersons Present: Councilpersons Absent: Others Present: III. PROCLAMATIONS Frank H. Greinke, Mayor Donald J. Saltarelli, Mayor Pro Tem Richard B. Edgar Ronald B. Hoesterey Ursula E. Kennedy None William A. Huston, City Manager Alan R. Watts, Assistant City Attorney Mary E. Wynn, City Clerk Donald D. Lamm, Com. Development Director Robert S. Ledendecker, Dir. of Public Works Ronald A. Nault, Finance Director Royleen A. White, Dir. of Com. & Admin. Srvcs. Susan Jones, Recreation Superintendent Captain Steve Foster, Police Department Laura Pickup, Assistant Planner Approximately 50 in the audience IV. 1. TILLER DAYS COMMI1-FEE - TUSTIN TILLER DAYS FAIRE Mayor Greinke presented a proclamation to members of the Tiller Days Committee for their dedication and work on the 1985 Tustin Tiller Days Faire. Cherrill Cady, Chairperson, thanked the Coun- cil. ~ 2. l~dSTIN JAYCEES - TUSTIN TILLER DAYS PA~RADE A proclamation was read by Mayor Greinke commending Tustin Jaycees members for coordination of the Tustin Tiller Days Parade. Bill Pinkerton, President, thanked the Council. David Edgar also expressed thanks. 84 PUBLIC HEARI ~S APPE~J. OF VA~RIANCE NO. 85-5 - 205 EL C~MINO REAL (Continued from October 21, 1985) The staff report was presented by the Community Development Direc- tor as contained in the inter-com dated November 4, 1985, prepared by the Community Development Department. A question-and-answer period followed regarding the alley between Ruby's and the Assistance League, the sewer easement, and the num- ber of parking spaces required. Mayor Greinke opened the public hearing at 7:20 p.m. Doug Prescott, 330 West Main Street, property owner, spoke in favor of the Appeal of Variance No. 85-5 as follows: Condition of Approval No. 9 - Mr. Prescott requested deletion of this item. The Director of Public Works referenced his inter-com and attachments dated October 23, 1985, on subject matter. The Director clarified that subject item was suggested on the basis of CITY COUNCIL MINUTES Page 2, 11-4-85 original drawings which showed a step-up entrance into Ruby's instead of a handicap ramp. Mr. Prescott's plans for a handicap ramp would have precedence, and Condition No. 9 would not be neces- sary. Condition of Approval No. 10 - Mr. Prescott stated that if subject alley were closed, it would block off all access to Helm's Plumb- ing. It is a prescriptive easement used by Helm's, Tustin Fix-It Shop, Assistance League of Tustin, and two residences south of the Assistance League. Mr. Prescott drew a diagram of Ruby's two pro- posed parking spaces and the entire area in relation to the alley. There was a brief consultation between the City Attorney and the Community Development Director. The Assistant City Attorney sug- gested that an exchange of reciprocal easements between Mr. Prescott and the Assistance League would provide assurance that there would be access and that the two parking spaces would be available. It would eliminate reliance on something as subjective as prescriptive rights, which is inappropriate for zoning action. Condition of Approval No. 12 and No. 13 - Mr. Prescott stated that to covenant the adjacent property for parking at Ruby's would not make it a viable proposition. The Prescott family has plans for the adjacent property and holds other interests in the City of Tustin. He noted that they are aware the Variance can be rescinded by the City at any time. He stated that additonal parking will be provided should parking at Ruby's becomes an adverse situation, but he is not in a position to specifically identify the location. Doug Cavanaugh, applicant, spoke in favor of the Appeal of Variance No. 85-5. He invited Council to visit the other Ruby's Diner facilities in Balboa and Mission Viejo. Mr. Cavanaugh introduced his partner Ralph Kosmides. There were no other speakers on the matter, and the public hearing was closed at 7:36 p.m. It was moved .by Hoesterey, seconded by Edgar, to amend Condition No. 9 to walvel'the right-of-way dedication requirement if the handicap ramp is constructed; to delete Condition No. 10; and to combine Conditions No. 12 and 13 and amend same to state that if parking becomes inadequate, additional spaces must be provided through a reciprocal lease within a few hundred feet of Ruby's. Mayor Pro Tem Sal~arelli was opposed to the motion. He voiced sup- port of eliminating Conditions of Approval 9, 10, 12 and 13 as requested by the applicant and owner. Council/staff discussion followed regarding parking in the downtown area. There was general Council consensus that any future parking problem would be addressed when and if it occurs. A substitute motion was made by Saltarelli, seconded.by Greinke, to approve Variance No. 85-5 and delete Conditions of Approval No. 9, 10, 12 and 13. The motion carried 5-0. 106 2. APPEAL OF USE PERMIT 85-20 - 13201 SILVERBIRCH DRIVE The staff report and recommendation were presented by the Community Development Director as contained in the inter-com prepared by the Community Development Department dated November 4, 1985. A slide presentation was made by the Community Development Director showing subject property and satellite dish antenna. A question-and-answer period followed. The Assistant Planner responded to the Mayor's questions regarding a similar satellite dish antenna complaint. The Community Development Director reemphasized that if the appli- cant had complied with existing laws in December, 1984, when the satellite dish was installed, it would have become a legal, non- conforming use after adoption of the City's satellite dish antenna ordinance (No. 926) in February, 1985. CITY COUNCIL MINUTES Page 3, 11-4-85 The public hearing was opened by Mayor Greinke at 8:00 p.m. Lawrence Bente, applicant, stated that he was solicited by satel- lite dish antenna contractors at his home and was informed at that time that permits were not required. Mr. Bente referenced his let- ter to Council, which he stated explains his position on the matter. Kathy Weil, 1702 Summerville, stated she was appearing as a private citizen. She spoke strongly in opposition to Use Permit 85-20, and requested Council uphold the Planning Commission's decision to deny Mr. Bente's request. John Orr, The Tustin News reporter, requested an opinion on Mrs. Weil's possible conflict of interest on the matter, stating that although speaking as a private citizen, Mrs. Weil is relying on information obtained as a Planning Commissioner. The Assistant City Attorney stated that conflicts of interest generally are concerned with economic conflicts of interest. He did not see any particular conflict in Mrs. Well, or any other Planning Commissioner, making a presentation to Council at a public meeting. Any citizen could have attended the Planning Commission meetings and gathered the same information as Mrs. Well. Lawrence Bente added that he did not retrieve his certified mail from the Post Office, and has never received complaints from any neighbors. There were no other speakers on the matter, and the public hearing was closed at 8:10 p.m. Mayor Greinke spoke in empathy of Mr. Bente's situation. Councilman Hoesterey stated that Council has a responsibility to uphold the permit process in the City. He suggested Mr. Bente pursue recourse against the contractor who installed the satellite dish antenna. It was moved by Hoestere¥, seconded by Kennedy, to uphold the Plan- ning Commission decision of September 23, 1985, to deny Use Permit 85-20. Mayor Pro Tem Saltarelli stated that the City made all efforts to contact Mr. Bente to no avail. Had Mr. Bente retrieved his certi- fied mail, the matter could have been resolved more favorably. The motion carried 4-1, Greinke opposed. 81 Mayor Greinke suggested Mr. Bente contact the contractor, research what recourse is available, and try to bring the dish into Code conformance. PUBLIC INPUT 1. PRESENTATION TI) Iw~AYOR Cathy Viney, 13601 Browning, representing The Way to Happiness Foundation, presented Mayor Greinke with a leather-bound copy of "The Way to Happiness." The Mayor thanked Ms. Viney. 2. TUSTIN I~EADOWS CIVIC LIAISON BOA.RD ~MBER Guinevere Grosjean Boswell, 14751 Devonshire Avenue, introduced herself as a newly-elected member of the Tustin Meadows-Civic Liai- son Board. She encouraged Council to contact her with any concerns pertaining to Tustin Meadows. Mayor Greinke thanked Ms. Boswell. 3. SOUTHERN ~IFORNIA EDISON REPRESENTATIVE Mayor Greinke introduced Patricia "Pat" Buttress as Tustin's repre- sentative from Southern California Edison. CITY COUNCIL MINUTES Page 4, 11-4-85 VI. CO#SEIlT ~I. ENOAR It was moved by Hoesterey~ seconded by Edgar, to approve the Consent Calendar {vith the exception of Item No. 6. The motion carried 5-0. 1. APPROVA4_ OF MINUTES - OCTOBER 21, 1985, REGULAR MEETING Regarding the October 21 Minutes, Mayor Greinke clarified that he abstained on New Business Item No. 4j Page g, because the low bid- der (J. P. Kapp & Associates) is a customer, and not as reported in The Tustin News that he abstained because Church Engineering is a customer. 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $317,395.97 RATIFICATION OF PAYROLL IN THE AMOUNT OF $129,966.65 50 3. REJECTION OF CLAIM OF KaJ~y HELEN & WILLIA&4 EARL TOMLIN; DATE OF LOSS: 6/27/85; DATE FILED WI1}l CITY: 9/18/85; CLAIM NO. 85-43 Rejected subject claim as recommended by the City Attorney. 40 4. REJECTION OF CLAIM OF ERNEST WILLIAM SCRROEDER; I~ATE OF LOSS: 3/15/84; DAllE FILED WI1}l CITY: 10/3/85; CLAIM NO. 85-44 Rejected subject claim as recommended by the City Attorney. 40 PARCEL MAP NO. 84-1030 ACCEPTANCE OF PUBLIC IMPROVEMENTS & RELEASE OF TRUST DEPOSITS (1352 Irvine Boulevard) Accepted all public improvements; and authorized release of the following: Faithful Performance Trust Deposit for $9,500 and Labor and Materials Trust Deposit for $4,750, as recommended by the Director of Public Works/City Engineer. 99 7. RENEWAL OF ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM Renewed the contract with R. J. Noble Company for an additional year for the Annual Asphalt Concrete Pavement Repair Program, as recommended by the Engineering Division. 95 8. SECOND ANENDI~ENT, JOINT STUDY AGREEMENT/EAST TUSTIN S~ECIFIC PLAN Authorized the Mayor to sign the proposed amendment, autho- rizing the subject amendment to the joint study agreement with The Irvine Company for the East Tustin Specific Plan, as recom- mended by the Community Development Department. 45 85-50 9. RESOLUTION NO. 85-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE CONDITION OF THE PROPERTY LOCATED AT 17592 AMAGANSET (AP# 401-033-01) CONSTITUTES A PUBLIC NUISANCE Adopted Resolution No. 85-10!; and set the matter for public hearing on November 18, 1985, as recommended by the Community Development Department. 105 10. TRA~ MAP NO. 12106 - ACCEPTANCE OF PUBLIC IMPROVEMENTS & RELEASE OF BONDS (South Side of Walnut St. between Newport Ave. and Orange st.) Accepted all public improvements; and authorized release of the following: Faithful Performance Bond No. 3SM572911 for $22,500, Labor & Materials Bond No. 3SM572911 for $11,250, and Monumentation Bond No. 3SM572913 for $1,280, as recommended by the Director of Public Works/City Engineer. 9g 11. REPLACEMENT OF A TRACTOR MDWER Authorized a supplemental appropriation of $10,000 from the vehicle leasing fund to replace a tractor mower, as recommended by the Engineering Division. 87 12. EXTENSION OF ANNUAL PAVEMENT MARKING PROGRAJ~ Extended the Annual Pavement Marking Program contract to J & S Sign Company, Inc., for an additional year, as recommended by the Engineering Division. 95 CITY COUNCIL MINUTES Page 5, 11-4-85 Consent Calendar Item No. 6 - Subject item was removed from Consent Calendar as requested by staff and NO ACTION was taken on the matter. PARCEL MAP NO. 84-1027 - ACCEPTANCE OF PUBLIC IMPROVEMENTS & RELEASE OF BONOS (Northwest Corner of Irvine Boulevard and Holt Avenue) Accepted all public improvements; and authorized release of the following: Faithful Performance Bond No. 01-NAA-010897 for $19,500, Labor & Materials Bond No. 01-NAA-010897 for $9,750, and Monumentation Bond No. 01-NAA-010899 for $640, as recom- mended by the. Director of Public Works/City Engineer. 99 VII. ORDINANCES FOR INTRODUCTION None. VIII. ORDINANCES FOR ADOPTION 1. S)qOKING REGULATIONS - ORDINANCE NO. 949 It was moved by Hoesterey, seconded by Edgar, to continue consid- eration of Ordinance No. 949 to allow Council the opportunity to review additional information received on the matter: ORDINANCE NO. 949 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 4, CHAPTER I OF THE TUSTIN MUNICIPAL CODE BY ADDING PART 2, SECTIONS 4120, 4121, 4122, 4123, 4124, 4125, 4126, 4127, 4128, AND 4129, RELATING TO THE REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT The motion carried 5-0. 2. ZONE CHANGE 85-10 - ORDINANCE NO. 950 It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 950 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 950 by the City Clerk, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 950 be passed and adopted: ORDINANCE NO. 950 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REZONING 12931 AND 1201 IRVINE BOULEVARD FROM SINGLE FAMILY RESIDENTIAL DISTRICT (R-l) TO PUBLIC AND INSTITUTIONAL DISTRICT (P&I), AS SHOWN IN EXHIBIT "A" Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None None 110 3. ZONE CHANGE 85-7 - ORDINANCE NO. 951 It was moved by Edgar, seconded by Kennedy, that Ordinance No. 951 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 951 by the City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 951 be passed and adopted: ORDINANCE NO. 951 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REZONING 305, 315, 325 MAIN STREET FROM R-3 (MULTIPLE FAMILY) DISTRICT TO COMMERCIAL GENERAL (CG) DISTRICT, AS SHOWN IN EXHIBIT "A" Roll call vote: AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli -- NOES: None ABSENT: None 110 CITY COUNCIL MINUTES Page 6, I1-4-85 IX. NEI~ BUSINESS 1. Xe LAGUNA ROAD STREET NAME CHANGE - RESOLUTION NO. 85-108 As recommended in the inter-com dated October 25, 1985, prepared by the Engineering Division, it was moved by Edgar~ seconded by Hoesterey, to: 1) Adopt the following; and RESOL~ION NO. 85-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO CONDUCT A PUBLIC HEARING TO DETERMINE WHETHER OR NOT TO CHANGE THE DESIGNATION OF LAGUNA ROAD, BETWEEN 950 + FEET EASTERLY OF RED HILL AVENUE AND BRYAN AVENUE TO EL CAMINO--REAL 2) Set a public hearing date for same on December 2, 1985. The motion carried 5-0. 96 W~J_K-ON ITEM - PROPOSED DETACHMEI(~ FROM MUNICIPAL WATER DISll~ICT OF ORANGE COUNTY BY CITIES OF ANAHEIM, FULLERTON AND ~NTA ANA The Director of Public Works presented the staff report and recom- mendation as contained in his inter-com dated October 31, 1985. Mayor Pro Tem Saltarelli provided additional information via his position as Chairman of the Local Agency Formation Commission (LAFCO). He noted that if Tustin takes a position on the matter, it should be declared at LAFCO's November 6 hearing. There was general consensus of insufficient information available to declare a position on the matter and to allow LAFCO to reach its own decision on the proposed detachment. It was then moved by Edgar, seconded by Greinke, to receive and file subject report. Carried 5-0. 107 REPORTS 1. PLANNING COMMISSION ACTIONS - OCTOBER 28, 1985 It was moved by Hoesterey, seconded by Edgar, to ratify the entire Planning Commission Action Agenda of October 28, 1985. The motion carried 5-0. 80 ~. INVES~TMENT SCHEDULE A~S OF OCTOBER 31, 1985 It was moved by Hoesterey, seconded by Edgar, to receive and file the Investment Schedule report dated October 29, 1985, prepared by the Finance Director. Carried 5-0. 50 3. OPEN ATTICS IN RESIOEI~FIAL AND COI~ERCIAL BUILDINGS Councilman Edgar stated that subject report dated November 4, 1985, prepared by the Community Development Department indicates that there are areas in the City where a serious fire could consume an entire structure because the building has been "grandfathered" under obsolete codes. He wondered if something could be done to retroactively improve the safety of existing buildings, acknowl- edging that it is more costly to do so after the structure has been built. The Assistant City Attorney responded to Mayor Greinke that from a liability aspect, there are appropriate exemptions where a City would require structures that do not conform to current building codes to conform with existing codes, which would involve a great amount of legislative discretion. He continued that Councilman Edgar's suggestion requires very careful review in terms of what is being impacted in residential or commercial structures. He recom- mended that staff come back with a recommendation on the matter. CITY COUNCIL MINUTES Page 7, 11-4-85 XI. It was moved b~ Greinke, seconded by Edgar, to direct staff to review the feasl'bility of establishing an ordinance to correct open attic problems in multi-family residential and commercial buildings to bring them into existing code conformance. After a discussion period, the motion carried 5-0. 81 4. NEl~PORT AVENUE ZONE STUDY It was moved by Hoestere¥, seconded by Edgar, to receive and file the subject inter-com dated November4, 1985, prepared by the Com- munity Development Department. The motion carried 5-0. 81 COUNCIL POLICY CONCERNING BUILDING SET13ACY, S FROM FIdTURE RIGHT-OF- WAY LINES Following consideration of the inter-com dated November 4, 1985, prepared by the Community Development Department, Council concurred to discuss subject topic at a joint meeting of the Planning Commis- sion and City Council on November 25, 1985, with staff to set a time most convenient and inform Council of same. 81 OTHER BUSINESS LEFT-TURN MOVEMENTS - NEWPORT AVENUE AT EL CAMINO REAL AND MAIN STREET The Director of Public Works responded to Councilwoman Kennedy's questions regarding left-turn movements onto and from Newport Avenue at E1 Camino Real and Main Street, specifically after com- pletion of Tustin Town Plaza by Carver Development. Z. WAJ_K-ON ITEM - PARKING COMPLAINTS, SAN JUAN EAST OF RED HILL AVENUE As recommended in the inter-com dated November 1, 1985, prepared by the Chief of Police, it was moved by Saltarelli, seconded by Kennedy, to: 1) Approve a Minute Order to direct staff to post signs on both the north and south sides of San Juan from Red Hill to the Tustin East Apartments to read, "Vehicle Parking Prohibited of Vehicles in Excess of 6,000 Pounds, 6:00 p.m. to 8:00 a.m."; Extend posting from Red Hill Avenue to Green Valley to keep larger trucks from parking in front of any businesses located on the southwest corner of San Juan and Red Hill; and Direct the City Attorney to draft an amendment to Tustin City Code Section 5340(d) to read, "No Parking of Any Vehicle Over 6,000 Pounds for More Than Two Hours." The motion carried 5-0. 75 3. REQUEST FOR CLOSED SESSION Mayor Pro Tem Saltarelli requested a Closed Session for discussion of legal matters. 4. MONITORING OF TOXIC OR HAZARDOUS MATERIALS Councilwoman Kennedy noted that the County of Orange has adopted its hazardous materials disclosure ordinance. She thought Tustin was going to adopt that same ordinance for enforcement within the City. She requested clarification by staff of the City's proposed course of action on same. 102 5. SENATE BILL 300 (FORAN) & ASSEMBLY BILL 429 Councilman Edgar reported that S8300 (Foran) was recently passed which creates funding for additional roads in Tustin. The Director of Public Works provided information on available funds through subject Bill and the City's plans for same. He also reported on AB 429. CITY COUNCIL MINUTES Page 8, 11-4-85 6. POLICE D~PARTIRENT COte~NOATION - TUSD BOARD OF EDUCATION The Mayor read the following letter into the public record: "Dear Frank: We have always been aware that we have an outstanding police department in the City of Tustin, so much so that we tend to take them for granted. During our recent work action, the service of the me~ers of that department was truly commendable. Their prompt and professional attention to duty probably was the single most important reason we had no significant incidents throughout that unfortunate period of time. They were literally on the spot whenever and wherever their assistance was requested and often in anticipation of such request. Their calm, but firm, approach maintained proper decorum and orderliness with everyone involved. We all can be thankful and proud of the Tustin Police Department. The Board of Education continues to appreciate the good working relationship between the school district and city officials. Sincerely, Dorothy Ralston, Chris Layton, Edward H. Boseker, Barbara Benson, Joyce Hansen" 82 7. JOINT t4EETING WITH TUSO BOARD OF EDUCATION Mayor Greinke reported that the Board of Education is receptive to a dinner meeting with the Tustin City Council to discuss East Tustin plans and other matters of mutual interest. He requested staff schedule subject meeting. 90 8. COMMII-~EE POSITIONS AVAIl_ABLE - LEAGUE OF CAJ_IFORNIA CITIES The Mayor encouraged Councilmembers to review position opportuni- ties available on various committees of the League of California Cities, as some will be acted upon at the November 14 meeting. 38 g. LEFT-TURNS AT BRYAN AND REDHILL AVENUES Mayor Greinke relayed complaints he has received regarding the traffic flow at Bryan and Redhill Avenues. The Director of Public Works reported that the signal system at subject intersection will be reworked through th6 State safety grant. Additionally, he noted that a conceptual presentation on the restriping of Bryan Avenue and Main Street between Newport, Avenue and Browning Avenue was made a few months ago. Subject matter will be brought back to Council. One option includes channelization to provide protected left-turn pockets along Bryan Avenue. 94 10. NOVEMBER 5 FIECTION The Mayor encouraged everyone to vote at the November 5 election. XII. RECESS - REDEVELOPIWlENT; CLOSED SESSION - ADJOURNMENT At 9:11 p.m. it was moved by Saltarelli, seconded by Hoesterey, to recess to the Redevelopment Agency, thence to a Closed Session for dis- cussion of legal matters (see Redevelopment Agency Minutes, Item No. 5), and thence adjourn to the next Regular Meeting on Monday, November 18, 1985, at 7:00 p.m. The motion carried 5-0. MAYOR CITY CLERK