HomeMy WebLinkAboutMINUTES 12-02-85MI)~ITES OF A ~EGULA.~ )~ETING
OF ll(£ CZll~ Q)UNCIL OF
CIll~ OF ll~STIg, CAkIFORNIA
NOVEMBER 18, 1985
CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Greinke at 7:02 p.m. in the
City Council Chambers, 300 Centennial Way. Mayor Pro Tem Saltarelli
led the Pledge of Allegiance, and the Invocation was given by Council-
woman Kennedy.
ROLL CALL
Councilpersons Present:
Councilpersons Absent:
Others Present:
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
James G. Rourke, City Attorney
Mary E. Wynn, City Clerk
Donald D. Lamm, Com. Development Director
Robert S. Ledendecker, Dir. of Public Works
Royleen A. White, Dir. of Com. & Admin. Srvcs.
Charles R. Thayer, Chief of Police
Mary Ann Chamberlain, Associate Planner
Approximately 50 in the audience
III.
PUBLIC HEARING
1o YEAR APEICATION - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRNq
(HCD)
The staff report and recommendation were presented by the Community
Development Director as contained in the inter-com dated
November 18, 1985, prepared by the Community Development Depart-
ment.
The public hearing was opened at 7:05 p.m. by Mayor Greinke.
Nick Ogden, 13841Redhill Avenue, spoke in favor of the application
as Chairman and on behalf of the Community Development Advisory
Board. Mr. Ogden stated that the Board is unanimously in favor of
subject application.
There were no other speakers on the matter, and the public hearing
was closed at 7:06 p.m.
It was moved by Kennedy, seconded by Hoesterey, to approve by
minute order the submittal of the 12th year CDBG application for
Fiscal Year 1986-87 as recommended by the Community Development
Advisory Board and staff as follows:
1)
Rehabilitation of Housing Stock $150,000
(Low-interest loans and grants for continuation of the current
rehab program.)
2)
Public Facilities Improvements $100,000
(Completion of South "B" Street/Mitchell
street improvements.)
Avenue target area
3)
Public Facilities Improvements - $125,000
(Continuation of street improvements in
Annexation No. 135 area.)
recently-acquired
4) Senior Citizens Co.,,unity Center - $200,000
(For construction of Senior Citizen Center.)
CITY COUNCIL MINUTES
Page 2, 11-18-85
Councilman Edgar was supportive of the motion. He requested that
staff prepare a tabulation of the CDBG account balance for the cur-
rent and three years past so that Council can better understand and
identify deadlines for use of funds allocated to the City.
The Community Development Director responded to Mayor Greinke's
questions regarding the housing rehabilitation program.
The motion carried 5-0.
IV.
PUBLIC INPUT
None.
CONSENT CALENDAR
Item No. 8 was removed from the Consent Calendar by Edgar. It was
moved by Hoesterey, seconded by Edgar, to approve the remainder of the
Consent Calendar. The motion carried 5-0.
o
e
APPROVAL OF MINUTES - NOVEMBER 4, 1985, REGULAR MEETING
APPROVAL OF DE)~LRNOS IN THE AMOUNT OF $803,565.71
RATIFICATION OF PAYROLL IN THE AMOUNT OF $124,439.30
5O
REJECTIOM OF ClJ~IM OF KARYN LYN Si~Ill4; DATE OF LOSS: 9/9/85; DATE
FILED WITH CIl~f: 10/4/85; CLAIM NO.: B5-45
Rejected subject claim as recommended by the City Attorney. 40
PARCEL MAP NO. 84-1027 - ACCEPTANCE OF PUBLIC IMPROVEMENTS &
RELEASE OF BONDS
Accepted all public improvements as related to Parcel Map No.
84-1027 and -authorized release of bonds in the following
amounts: Faithful Performance Bond No. ASI100460 - $11,500;
Labor & Materials Bond No. ASI100460 - $5,750; and Monumenta-
tion Bond No. ASI100462 - $125 as recommended by the Director
Of Public Works/City Engineer. 99
1986 MISS TUSTIN TALENT SI(OW & PAGEANT AGREEMENT
Approved the agreement for use of City facilities by the Tustin
Jaycees; and authorized the Mayor and City Clerk to execute
same as recommended by the Recreation Superintendent. 45
85-51
6. L.P. REPERTORY AGREEMENT - 1986 PRODUCTION
Approved the 1986 Agreement with L. P. Repertory as presented
in draft form as recommended by the Director of Community and
Administrative Services. 45
85-52
7. COOPEILRTIVE AGREEMENT Will( CITY OF SANTA A/LA FOR SLURRY SEALING OF
RED HILL AVENUE IN COI&)UNCTION WITH FY 1985-86 SLURRY SF. RL PROGRAJ~
Approved subject agreement and authorized the Mayor and City
Clerk to execute same as recommended by the Engineering Divi-
sion. 45
85-53
10.
RESOLUTION NO. 85-111 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, APPROVING TENTATIVE PARCEL MAP 85-362 LOCATED AT
THE SOUTHEASTERLY CORNER OF WALNUT STREET AND NEWPORT AVENUE
Adopted Resolution No. 85-111 as recommended by the Community
Development Department. g9
RESOLUTION NO. 85-112 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, APPROVING TENTATIVE PARCEL MAP 85-391 LOCATED AT
2712 DOW AVENUE
Adopted Resolution No. 85-112 as recommended by the Community
Development Department. g9
CITY COUNCIL MINUTES
Page 3, 11-18-85
11.
12.
13.
RESOLUTION NO. 85-113- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF. TUSTIN APPROVING FINAL TRACT MAP NO. 12273 (15582 SOUTH "B"
STREET)
Adopted Resolution No. 85-113 as recommended by the Community
Development Department. 99
RE~UTION NO. 8~-110 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CON-
DITIONAL USE PERMIT NO. 85-20 FOR A SATELLITE DISH ANTENNA AT 13201
SILVER BIRCH DRIVE
Adopted Resolution No. 85-110 pursuant to City Council action
of November 4, 1985. 81
RESOLUTION NO. 85-114 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, UPHOLDING THE DECISION OF THE PLANNING COMMISSION
BY APPROVING VARIANCE NO. 8§-5, ALLOWING AN EXISTING NON-CONFORMING
RESTAURANT AT 205 EL CAMINO REAL TO VARY WITH THE PARKING REQUIRE-
MENTS IN THE C-2 ZONE
Adopted Resolution No. 85-114 pursuant to City Council action
of November 4, 1985.
Consent Calendar Item No. 8 - Assessment Oistrict 85-1 - As recommended
by the Engineering Division in the inter-com dated November 5, 1985, it
was moved by Edgar~ seconded by Kennedy, to adopt the following:
o
RESOLUTION NO. 85-115 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
ASSESSMENT DISTRICT 85-1 (PHASE II) IMPROVEMENTS AND DIRECTING THE
CITY CLERK TO ADVERTISE FOR BIDS
The Director of Public Works responded to Councilman Edgar that there
is no possibility of coordinating subject project with street improve-
merits on the westerly side of Bryan Avenue to be constructed with CDBG
funds.
The motion carried 5-0.
25
VI.
ORDINANCE FOR INTROOUCTION
1. PARKING RESTRICTIONS - ORDINANCE NO. 952
It was moved by Kennedy, secondedby Hoesterey, that Ordinance No.
952 have first reading by title only~ Carried 5-0. Following
first reading by title only of Ordinance No. 952 by the City Clerk,
it was moved by Kennedy, seconded by Edgar, that Ordinance No. 952
be introduced as follows:
OI)J)II~NC£ NO. 952 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 5340d (PARK-
ING OF VEHICLES OVER 6,000 LBS.)
The motion carried 5-0.
75
VII.
ORDINANCE FOR ADOPTION
1. SMOKING ~GULATIONS - ORDINANCE NO. 949
Mayor Greinke announced that this matter was not being considered
as a public hearing. He noted that it would be the Chair's discre-
tion to limit discussion to new information only. He requested
that speakers limit their comments to new information on the
matter.
In response to Councilwoman Kennedy, the City Attorney defined a
misdemeanor carries a maximum penalty of six months in jail and a
very substantial fine. An infraction does not carry any jail time
and the maximum fines are minimal based on a sliding scale. Th'e
penalty for violation of Ordinance No. 949 could be made either a
misdemeanor or an infraction with no problem, whichever Council
desires.
CITY COUNCIL MINUTES
Page 4, 11-18-85
Dale Bonifield, representing the Orange County Chapter of the
American Heart Association, spoke in favor of legislation to regu-
late smoking in public places and in the workplace.
Don Fears, 1260 S.E. Walnut, quoted research statistics regarding
the effects of cigarette smoklng.
Jerrold Cohen, 420 E1 Camino Real, spoke in favor of smoking regu-
lations and the rights of non-smokers for a healthy environment.
Jim Kane, Saddleback Funeral Home, representing the Tustin Chamber
of Commerce, spoke in opposition to the proposed ordinance. He
cited results of a recent survey of local businessmen conducted by
the Chamber. Mr. Kane spoke in favor of the Chamber's desire for
an alternative voluntary plan.
Merrill H. Matchett, representing the Orange County affiliate of
the Californians for Nonsmokers' Rights, spoke in opposition to a
voluntary program and was in favor of smoking regulations.
In response to Mayor Pro Tem Saltarelli, Mr. Matchett stated that
it would be a reasonable compromise if each retail establishment
owner was required to post signs as to whether smo~g is permitted
or prohibited, rather than prohibiting smoking overall.
Tova Griffin, 14961 Holt Avenue, President of the Tustin Chamber of
Commerce, requested that Council give the Chamber's voluntary pro-
gram a chance and work with them to encourage each business to
develop a smoking policy designed for them, their employees, and
their customers.
Nick Ogden, TLC, spoke in favor of smoking regulations on behalf of
senior citizens.
Council discussion followed regarding Mayor Pro Tem Saltarelli's
suggestion that retail stores establish their own policy on whether
or not smoking is allowed in their places of business.
Mayor Greinke reiterated that regulation of smoking was voted down
by the Tustin electorate twice. He spoke in favor of a voluntary
program.
Bob Peck, CPA in Tustin, spoke in opposition to voluntary compli-
ance.
Jack Miller, representing Parents Who Care, spoke in favor of
restoring the rights of nonsmokers to fresh air.
Mayor Greinke closed the public hearing at 7:58 p.m.
Councilman Hoesterey was in favor of violations being treated as
infractions instead of misdemeanors. Discussion followed regarding
Section 4123 of Ordinance No. 949 and the deletion of retail stores
and retail service establishments.
The City Attorney requested Council clarification/verification on
the following points:
1) Does Council wish to exclude retail establishments from the
requirement of designating non-smoking zones whether or not
they have employees;
2) If so, does Council wish to have the requirement for posting of
signs;
3) Does Council wish to treat violations as infractions; and
4) Does Council wish to amend the ordinance so that an owner/mana-
ger may refuse service, but is not required to refuse service.
It was then moved by Ed~ar~ seconded by Saltarelli, to amend Sec-
tion 4128 to make a violation an infraction instead of a misde-
meanor.
CITY COUNCIL MINUTES
Page 5, 11-18-85
It was clarified that all revisions would be incorporated into
Ordinance No. 949 which would then be brought back for first read-
ing and introduction at Council's December 2 meeting.
The motion carried 5-0.
It was moved by Hoesterey, seconded by Edgar, to amend Section
4127(b} from "shall not allow service" to read "may refuse serv-
ice.'' The motion carried 5-0.
Discussion ensued regarding points 1 and 2 on which the City Attor-
ney requested clarification.
It was moved by Saltarelli, seconded by Hoesterey, to remove retail
establishments from those types of areas that must provide smoking
and non-smoking areas and that they establish their own policy and
post same.
The Council was not receptive to make the above applicable only to
businesses with less than five employees as suggested by Council-
woman Kennedy.
The motion carried 4-1, Greinke opposed.
There was Council consensus to leave Section 4126(b) regarding
restaurants or eating establishments "as is."
Regarding the fine infractions, the City Attorney responded that
Council could designate any amount either as a flat maximum or on a
sliding scale. Council concurred to consider the matter at the
December 2 meeting with revised Ordinance No. 949.
It was then moved by Hoesterey, seconded by Saltarelli, to direct
the City Attorney to incorporate all changes with Council consensus
this evening and bring revised Ordinance No. 949 at the December 2
meeting for first reading by title only and introduction as
follows:
ORDINANCE NO. 949 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN AMENDING ARTICLE 4, CHAPTER 1 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.
VIII. O~O BUSINESS
None.
IX. NEW BUSINESS
1. ~OPE~TIVE ~REEME~ - Sm DIEGO CREEK SEDI~ ~NITORING ~0-
As recommended in the inter-com dated November 12, 1985, prepared
by the Director of Public Works/City Engineer, it was moved by
Saltarelli, seconded by Hoesterey, to authorize the execution of
subject agreement; and authorize a supplemental budget appropria-
tion in the amount of $6,000 for Fiscal Year 1985-86 for Tustin's
share of the annual funding.
Following a question-and-answer period, the motion carried 5-0.
107
X. REPORTS
PLANNING ~ISSION ACTIONS - NOYEI~BER 12, 1985
Mayor Greinke requested that the City Council Action Agenda
reflect the vote by which action is carried on agenda items.
CITY COUNCIL MINUTES
Page 6, 11-18-85
XI.
It was then moved by Hoesterey~.....Seconded by Greinke, to ratify the
Planning Commission Action Agenda of November 12, 1985, with the
exception of Item No. 6. Carried 5-0.
In response to MaYor Greinke, the Community Development Director
clarified that the Planning Commission approved the neon wall sign
at Fiddler's Three Restaurant, 1222 Irvine Boulevard, which was in
direct contrast to action the Mayor thought was taken.
After some debate, it was moved by Grelnke, seconded by Edgar, to
ratify the entire November 12, 1985, Planning Commission Action
Agenda. The motion carried 5-0. 80
~OUNTY OF ORANGE HAZARDOUS MATERIALS OISCLOSURE ORDINANCE
As recommended in the inter-com dated November 18, 1985, prepared
by the Community Development Department, it was moved by Kennedy,
seconded by Edgar, to receive and file subject report. Carried
5-0 o
Mayor Greinke reported that he has just received a copy of the
· County's ordinance and that he would be attending a meeting of the
Southern California Hazardous Waste Management Authority on
November 21.
OTHER BUSINESS
REQUEST FOR CLOSEO SESSION
The City Manager requested a Closed Session for discussion of legal
matters.
2. TRAFFIC ON REO HILL AVENUE
Councilwoman Kennedy reminded Council that Pacific Bell promised
they would be sensitive to the City's traffic problems on Red Hill
Avenue when they received project approval for their center at Red
Hill and Edinger Avenues. They indicated employee hours would be
scheduled so as not to negatively impact existing traffic prob-
lems. Council concurred to direct staff to draft a letter for the
Mayor's signature to Pacific Bell on the matter prior to opening of
their center.
3. ~IEETING WITH TUSD BOARD OF EDUCATION
The City Manager responded to Councilwoman Kennedy that staff is
working on scheduling subject meeting as requested on November 4.
gO
4. TUSTIN I~EA~OWS TRAFFIC
Councilwoman Kennedy reported that traffic from the Tustin Indus-
trial Complex is detouring through Tustin Meadows from South Red
Hill in the morning hours, and onto South Red Hill in the evening
hours. Residents have resorted to posting hand-made signs which
read, "please slow down." She requested the Police Department
assist in enforcing the residential speed limit through Tustin
Meadows. 100
5. VACANCY ON LAFCO
Mayor Pro Tem Saltarelli reminded Council of the vacancy on the
Local Agency Formation Commission {LAFCO). He stated Council would
be receiving letters from applicants requesting appointment. He
suggested that as the letters are received, Council review same,
and make a recommendation for appointment. 24
6. GRAFFITI AT NISSON AND BROWNING
Councilman Hoesterey requested removal of graffiti at the corner of
Nisson and Browning.
CITY COUNCIL MINUTES
Page 7, 11-18-85
XII.
10.
7. CLOSED SES$IOll ANBOUNCEMENT
Mayor Greinke announced that the reasons and legal authority for
holding a Closed Session on November 18, 1985, are for the purpose
of conferrinQ and/or receiving advice from its legal counsel con-
cerning pending litigation as follows:
Litigation has been formally initiated to which the City is a
party. The titles of said litigation are Rodriguez vs. Tustin
(Case No. 426013}, Rott vs. Tustin (Case No. 453535), and Freitas
vs. Tustin (Case No. 386143). Said Closed Session is pursuant to
the authority of California Government Code Section 54956.9(a).
8. TUSTIN AREA COUNCIL-1 - RENEE FERRELL
Mayor Greinke reported he received a letter of resignation from
Renee M. Ferrell, Chairman of the Tustin Area Council-1 (TAC-1).
He requested a letter of appreciation be forwarded to her in appre-
ciation for her service. Helen Edgar spoke from the audience and
requested that subject matter be held in abeyance until the follow-
ing week, as the committee would attempt to encourage Ms. Ferrell
to continue in her capacity. 41
9. SENIOR CITIZENS ADVISORY CouNCIL - LEAGUE OF CALIFORNIA CITIES
Mayor Greinke announced an opening on the Senior Citizens Advisory
Council, League of California Cities, County of Orange Fifth Super-
visorial District. The Director of Community and Administrative
Services was requested to recommend a nominee at the December 2
Council meeting. It was noted that the application must be posted
by December 30, 1985, and the appointment will be made on Thursday,
January 9, 1986. 41
ORANGE COUNTY TRANSPORTATION POLICY COI~ITTEE I(~ETIN~
Mayor Greinke announced a meeting of the Orange County Transporta-
tion Policy Committee to be held on Thursday, November 21 in Santa
Aha from 7:30-9:00 a.m. regarding the Foothill/Eastern I-5 Bottle-
neck Analysis Study. He indicated he would attempt to attend
same.
11. REQUEST FOR PROCLANATION
Mayor Pro Tem Saltarelli requested Council authorization to issue a
proclamation recognizing Kathy Montgomery, The Register, for devel-
oping the Tustin section which has been beneficial for the com-
munity. CounCil concurred. 84
RECESS - REDEVELOPI~ENT; CLOSED SESSION - ADJOURNMENT
At 8:46 p.m., by unanimous informal consent, the Council recessed to
the Redevelopment Agency, thence to a Closed Session for discussion of
legal matters as noted above, and thence adjourned to an Adjourned
Regular Meeting on Monday, November 25, 1985, at 6:00 p.m., and thence
to the next Regular Meeting on Monday, December 2, 1985, at 7:00 p.m.
MAYOR
CITY CLERK