HomeMy WebLinkAboutCC 1 MINUTES 03-03-86MINUTES OF AN AI)&OURNE]) REGULJU~ IWEETING
OF THE CIl'~ COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
FEBRUARY 18, 1986
CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to. order by Mayor Pro Tem Saltarelli at 7:01
p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of
Allegiance was led by Councilman Hoesterey, and the Invocation was
given by Councilwoman Kennedy.
II. ROLL CN.L
Councilpersons Present:
Councilpersons Absent:
Others Present:
III. CO)~JNITY NOTES
IV.
Donald J. Saltarelli, Mayor Pro Tem
Richard B. Edgar
Ronald B. Hoesterey
Ursula E. Kennedy
Frank H. Greinke, Mayor (Arrived at 7:28 p.m.)
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.
Steve Foster, Police Captain
Ronald A. Nault, Finance Director
Susan Jones, Recreation Superintendent
Approximately 60 in the audience
Ve
1. YOUTH TRACK AND FIELD (/.INIC
Mayor Pro Tem Saltarelli announced that the City of Tustin Com-
munity Services Department is sponsoring subject clinic. It will
be held at Tustin High School Track from March 3-28 for boys and
girls born between 1971 and 1978. Steve Waltner, Head Coach of the
Tustin Roadrunners will be the instructor. He referred interested
persons to contact City Hall for registration.
PUBLIC II~tl'l'
None,
CONSENT CALENDAR
Tt was moved b,y Hoestere.v, seconded by Edgar, to approve the entire
Consent Calendar.
Page 2 of the February 3, 1986, Minutes was corrected by Councilwoman
Kennedy as follows:
'5. BOARD OF DIRECTORS - llJSTIN ARF. A SENIOR CEffi'ER FUND, INC.
Councilwoman Kennedy reported that Ken Hoesterey has had to step
down from the Board of Directors, Tustin Area Senior Center Fund,
Inc. The Board voted last week to recommend to Council that Janet
Schwartz be appointed to fill subject vacancy. It was then moved
b), Hoesterey~ seconded by Edgar, to appoint Janet Schwartz to the
Board of Directors, Tustin Area Senior Center Fund, Inc. Carried
5-0."
The motion carried 4-0, Greinke absent, to approve the entire Consent
Calendar.
APPRDVAJ. OF MINUTES - JANUARY 29, 1986, SPECIAL MEETING
FEBRUARY 3, 1986, REGULAR MEETING (Corrected)
2. APPROVAl. OF DEH~JIDS IN THE AMOUNT OF $507,590.91
RATIFICATION OF PAYR~L IN THE AMOUNT OF $145,248.01 50
CITY COUNCIL MINUTES
Page 2, 2-18-86
REJECTION OF CLAIM NO. 85-42; ~AIRANT: ISOBEL FIELD; OATE OF
LOSS: 8/30/85; OAllE FILED WITH CITY: 9/9/85
Rejected subject claim as recommended by the City Attorney. 40
REJECTION OF BIDS - POLICE OEPARTHENT COIIdUMICATIONS C~NTER BUILO-
IFll~ MODIFICATIONS
RESOLUTION NO. 86-2S - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN APPROVING PLANS AND SPECIFICATIONS FOR COMMUNICATIONS
CENTER UPGRADE IN THE POLICE DEPARTMENT FACILITY AND DIRECTING THE
CITY CLERK TO ADVERTISE FOR BIDS
Rejected all bids received to date; and adopted Resolution No.
86-25 as recommended by the Chief of Police. 82
S. RESOLUTION NO. 86-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING DESTRUCTION OF CERTAIN PERSONNEL
RECORDS
Adopted Resolution No. 86-22 as recommended by the Director of
Community and Administrative Services. 79
e
10.
11.
12.
RELEASE OF SUBDIVISION WARRANTY BONO - TRACT NO. 11586 (EASTERLY
SIDE OF HOLT & BETWEEN 292-458 FEET SOUTHERLY OF WARREN AVENUE)
Authorized release of Subdivision Warranty Bond No. K01530252
in the amount of $1,750 as recommended by the Director of
Public Works/City Engineer. 99
RESOLUTION NO. 86-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR NEW-
PORT AVENUE FAU PROJECT M-MO16(O02)
Adopted Resolution No. 86-24 as recommended by the Director of
Public Works/City Engineer. : 94
NEt/PORT AVENUE TRAFFIC SIGNAL INTERCONNECT FEDERAL AID URBAN (FAU)
PROJECT
Approved Program Supplement No. 7 to Local Agency/State Agree-
ment No. 07-5271 covering installation and modification of
traffic signals and interconnect on Newport Avenue from E1
Camino Real to Sycamore Avenue as recommended by the Director
of Public Works/City Engineer. 94
SARTA AILR VALLEY IRRI~TION COMPANY (SAVI) QUITCLAIM DEED
Authorized the Mayor to execute a Quitclaim Deed; and directed
staff to record said document subject to receipt of $90 trans-
fer fee as recommended by the Director of Public Works/City
Engineer. 49
RESOLUTION NO. 86-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN APPROVING FOURTH REVISED TENTATIVE TRACT 11370 (SOUTHERLY
TERMINUS OF NEWPORT AVENUE)
Adopted Resolution No. 86-21 as recommended by the Community
Development Department. 99
RESOLUTION NO. 86-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE
PROCEEDINGS FOR THE "ANNEXATION NO. 136 - TENTATIVE TRACT 11370 TO
THE CITY OF TUSTIN"
Adopted Resolution No. 86-23 as recommended by the Community
Development DePartment. 24
AI~NOMENT TO CITY COUNCIL MINUTES - NOVEMBER 18, 1985, & JANUARY 6,
1986
Approved amendments to City Council Minutes as follows:
November 18, 1985, - Page 7: Added the following action from
Closed Session:
lllSTIN AREA SENIOR CENTER FUND, INC. - BOARD OF DIRECTORS
APPOINTED
It was moved by Greinke~ seconded by Saltarelli, to appoint the
following to the Tustin Area Senior Center Fund, Inc., Board of
Directors: Richard B. Edgar; Ursula E. Kennedy; William A.
CITY COUNCIL MINUTES
Page 3, 2-18-86
Huston; Margarete Thompson; and Kenneth Hoesterey.
5-0."
Ca r ri ed
January ...6, 1986, - Page 8: Included the following official
statement for adjournment to a Closed Session:
RECESS - CLOSED SESSION - AOJOURNMENT
At 9:07 p.m. the meeting was recessed to a Closed Session pur-
suant to Government Code Section 54956.9(a) to confer with the
City Attorney regarding pending litigation which has been
initiated formally and to which the City is a party, the title
of which is Lopez & Ports vs. City of Tustin, et al, Orange
County Superior Court; and thence adjourned to the next regular
meeting on January 20, 1986, at 7:00 p.m. by unanimous informal.
consent.
VI.
OROINANCES FOR ADOPTION
HAZARDOUS MATERIALS DISCLOSURE ORDTNANC£ & IMPLEMENTATION PLAN -
OROINANCE NO. 964
As recommended in the inter-com dated February 18, 1986, prepared
by the Community Development Department, it was moved by Hoesterey,
seconded by Edgar, to continue consideration of draft Ordinance
No. 964 to March 3, 1986, as follows:
OROINANCE NO. 964 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADDING SECTION 5600 TO THE MUNICIPAL CODE
ESTABLISHING REQUIREMENTS AND PROCEDURES RELATING TO THE DISCLOSURE
OF HAZARDOUS MATERIALS
The motion carried 4-0, Greinke absent.
102
2. URGENCY ORDINANCE NO. 965 - REGARDING JOINT POWERS AGENCY -
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR
As requested by the City Attorney, it was moved, by Hoestere¥, sec-
onded by Saltarelli, to defer the following item to the end of the
agenda (see pages 7 and 8):
OROINANCE NO. 965 - AN 'URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 948 AND THE
EFFECTIVE DATE THEREOF
Carried 4-0, Greinke absent.
100
VII. NEW BUSINESS
AWARD OF CONTRAil' - FISCAL YEAR 1985-86 PAVEMENT REHABILITATION &
ASPHALT CONCRETE OVERLAY PROGRAM
Bids for subject project were received as follows:
Blair Paving & Planing, Anaheim
Sully-Miller Contracting Co., Orange
R. J. Noble Company, Orange
Industrial Asphalt, Irwindale
Griffith Company, Santa Aha
$145,575.53
$151,493.28
$152,506.26
$154,004.64
$161,617.14
It was moved by Edgar, seconded by Hoesterey, to award the contract
for subject project to Blair. Paving and Planing, Anaheim, in the
amount of $145,575.53; and authorize staff to add additional work
to the contract in order to utilize all funds available for street
maintenance as recommended by the Engineering Division in the
inter-com dated February 11, 1986. Carried 4-0, Greinke absent.
95
2. OONATION TO SOUTH COAST REPERTORY THEATRE - ORAL REPORT
As recommended by the City Manager, Council concurred to defer sub-
ject item pending Mayor Greinke's arrival. (See page 5.)
CITY COUNCIL MINUTES
Page 4, 2-18-86
VIII. R£PORT$
1. PtJ~NNIN6 ~MMISSION AC~IO#S - FL=BRUARY 10, 1906
Councilwoman Kennedy commended Community Development Department
staff for resolving the satellite dish antenna problem at 17362
Norwood Park Place (Use Permit 86-1 withdrawn by applicant).
It was then moved by Hoesterey~ seconded by Edgar, to ratify .the
entire Planning Commission Actiqn Agenda of February 10, 1986.
Motion carried 4-0, Greinke absent. 80
2. INVESTNENT SCHEDULE AS OF JANUARY 31, 1986
It was moved by Hoesterey, seconded by Edgar, to receive and file
the Investment Schedule as of January 31, 1986, prepared by the
Finance DJ. rector. Carried 4-0, Greinke absent. 50
3. P.~IN Sll~EET ZONING STUDY
The Commuunity Development Director presented- the staff report and
recommendation as contained in the inter-com dated February 18,
1986, prepared by the Community Development Department.
The Director recommended maintaining the R-1 zone intact. If Coun-
cil wishes, land uses that complement R-1 use could be added by
creating an overlay zone, which is a second zone that's "sand-
wiched'' onto the R-1.
The Community Development Director narrated a lot-by-lot slide
presentation of the area along Main Street between "C" 'Street and
the Route 55 Freeway.
Councilmembers Saltarelli and Hoesterey expressed preference for
the matter to be considered through the public hearing process
'before both the Planning Commission ~nd City Council.
The following persons spoke on the matter:
Richard Vinlng, 400 West Main Street, stated he was one of the
original petition signers requesting rezoning of properties along
Main Street to Professional Office (PR). Mr. Vining stated he is
open to some change, however he's in the minority. The majority of
residents want zoning left as is. Traffic enforcement on Main
Street is still a major problem. He then presented a petition con-
taining 109 signatures with a graphic map indicating those con-
tacted, those in favor of R-1 only, and those opposed to R-1 only.
Jerry Shannon, 455 Pacific Street, pointed out that people in favor
of the zone change are absentee landowners.
Ed Gage, 405 West Main Street, expressed concern that what Council
decides to do and what is implemented seems to always be differ-
ent. He stated that Main Street cannot tolerate much change, and
to make any changes would leave it wide open to unknowns.
Arthur Charleton, resident at 460 West 2nd Street for 51 years,
reflected on unsuccessful attempts to vary with land uses along
Main Street in the past. He spoke in opposition to a zone change
other than R-1.
Mayor Greinke arrived at 7:28 p.m. and assumed the Chair.
Charles Mitchell, 420 West Main Street, initiator of the zone
change request, stated that the problem is that the area is going
to change, it is not a residential area, it is not recognized by
the State or City as residential, and the 40 mph speed limit is not
a residential speed limit. He spoke in favor of a zone change on
Main Street to help preserve the historic nature of the area.
Mayor Pro Tem Saltarelli stated that when the Gfeller project was
approved, he thought commitments were made that "B" Street would be
the basic limit of encroachment of professional or commercial-type
~.rY COUNCIL MINUTES
Page 5, 2-18-86
zoning on Main Street. Since State law prohibits "spot" zoning, he
suggested the matter be set for public hearing before the Planning
Commission and the City Council to allow everyone an opportunity to
study the matter thoroughly.
Councilman Hoesterey stated that his main concerns are to preserve
the historical nature along Main Street and insure that it can be
maintained by its residents. He agreed that the public hearing
procedure would provide greater input and perhaps new alternatives.
Councilman Edgar acknowledged the controversy of the matter. He
concurred that allowing community input would be a valuable effort
in determining the best way to preserve Main Street's heritage.
Councilwoman Kennedy stated that some of the residences on Main
Street are historically valuable. The City should take steps to
protect them and save them from economics which would force them
to be torn down. She suggested an historical overlay zone, and the
use of funds for preservation of the area. She concurred that a
"small-town" public hearing would be the best way to proceed. She
requested that the Police Department enforce compliance with the 40
mph speed limit on Main Street.
Council/staff discussion followed regarding the recently-defeated
85th percentile legislation and speed limit enforcement with the
use of radar.
Mayor Greinke spoke in favor of leaving Main Street zoned R-1 and
not changing the land usage. He did not think economic hardship
was sufficient reason for changing zoning.
After further discussion, it was then moved by Greinke, seconded
Edgar, to set the matter for public hearing.
Councilwoman Kennedy requested that staff provide information on
historical preservation to allay the Mayor's concern about taking
away property owner's rights.
Councilman Saltarelli stated that in addition to zoning, Main
Street needs attention in other areas - street resurfacing, street
restriping, and making left-turn traffic movements safer for resi-
dents.
· The motion carried $-0.
109
Mayor Greinke indicated that residents who sign the interest list
would receive a public hearing notice.
A~ENOA ORDER
VII. NEW BUSINESS
2. DONATION TO SOUTH COAST REPERTORY THEATRE - ORAL REPORT
Mayor Greinke reported that the City has been requested to become
more involved with fine arts in Orange County by the South Coast
Repertory Theatre. Tustin uses the South Coast Repertory Theatre
through children's activities and training programs, and the Com-
munity Services Department.
It was then moved by Greinke~ seconded by Edgar, to authorize a
donation in the amount of $1,000 to South Coast Repertory Theatre
for promotional activities, in appreciation for their participation
in the training of our youth.
The City Attorney responded to Mayor Pro Tem Saltarelli that sub-
ject donation is legal.
The motion carried 4-1., Saltarelli opposed. 41
CITY COUNCIL MINUTES
Page 6, 2-18-86
IX. OTHER BUSINESS
REQUEST FOR CLOSED SESSION
The City Attorney requested a Closed Session regarding litigation
matters.
2. OFFICIAL AD~OURN~NT - KENNETH ~. CAWTHON
Councilman Edgar requested that the Council adjourn in memory of
Kenneth Cawthon, Agnes Bacon's brother, who passed away on
February 8. He was formerly a member of the Tusti~ City Council.
3. BOTTLENECK STUDY
Councilman Edgar stated, that in terms of the Bottleneck Study,
some of the options being suggested are not in Tustin's best inter-
ests. One is double-decking of the I-5. The other option is that
Irvine, Walnut and MoultonParkway would become "super" streets.
It was then moved by Edgar, seconded by Greinke, that Council
express its criticism of either the super street solution through
Tustin or double decking of the I-5 through Tustin.
Council discussion followed. The Director of Public Works added
that double decking also includes a portion of the Route 55 (Costa
Mesa Freeway) to the 22 Freeway (Garden Grove). He reported that
staff will prepare a report discussing the following alternatives~
1) No project;
2) Direct connection freeway from the Foothill Corridor westerly
to the 22 Freeway;
3) Arterial alternative {encompasses six or seven arterials); and
4)
Freeway improvements (double decking).
Councilman Hoesterey stated he was not opposed to the motion. How-
ever, he felt it more prudent to state support of a solution rather
than opposition to all the alternatives.
The motion was withdrawn by the maker and. second.
Council concurred to agendize the matter for the March 3 meeting.
54
4. llJSTIN AUtO CENlliR
In response to Councilman Edgar, the Community Development Director
reported that a loudspeaker system for the Auto Center has not yet
been approved by the Planning Commission. An individual paging
system {pocket pager) has been approved until a more reasonable
plan is presented to the Con~nission for approval.
AGENDA ORDER
III. COIMUNITY NOTES
2. MISS TUSTIN PAGEANT
Mayor Greinke announced the Miss Tustin Pageant to be held on
Saturday, February 22, 1986, at 7:00 p.m. sponsored by the Tustin
Jaycees. He encouraged everyone to attend the pageant and support
the 12 entrants. 41
3. 'A SALUTE TO TURIN BUSINESSES'
On February 25 the Tustin Area Historical Society is sponsoring
"A Salute to Tustin Businesses," which dates back to 1910. One of
the businesses involves the oldest shoemakers in Tustin.
TY COUNCIL MINUTES
Page 7, 2-18-86
4. ~HERN CALIFORNIA AQIJATICS ~UB
The Mayor noted that the Southern California Aquatics Club will
host a major swim event at Tustin High School on March 8 - 10. It
is expected that between 800-1,000 swimmers and their families will
be in attendance. The City of Tustin will be extending its greet-
ings and a hearty welcome.
5. FINAL BASKETBALL GAI~ OF SEASON - TUSTIN HIGH VICTORIOUS
Mayor Greinke congratulated Tustin High School on its 88-70 victory
over E1 Modena on February 14. He noted that Rog Middleton scored
45 points in the final basketball game of the 1985-86 season.
IX.
OTHER BUSINESS
5. STEVENS SQUARE PARKING STRUCTURE
Philip Cox, owner of commercial property on the southeast corner of
E1 Camino Real and Main Street, reported on findings of a study he
conducted regarding parking congestion in the downtown area and
lack of use of the parking structure by downtown merchants and cus-
tomers.
He presented a petition with 95 signatures requesting that the City
provide easier access to the parking structure by constructing a
ramp across a lot owned by the City at 450 E1 Camino Real.
Mayor Greinke thanked Mr. Cox for his presentation. He was
directed to submit his information to the Community Development
Director for further review and recommendation on the matter.
RECESS - REDEVELOPMENT; CLOSED SESSION - RECONVENED
At 8:25 p.m. it was moved by Saltarelli, seconded by Hoesterey, to
recess to the Redevelopment Agency and thence to a Closed Session for
discussion of legal matters. Carried 5-0.
Mayor Greinke announced that the City Council will recess to Closed
Session pursuant to Government Code Section 54956.9(a) to confer with
the City Attorney regarding pending litigation which has been initiated
formally and to which the City is a party. The title of the litigation
is Lopez and Potts vs. City of Tustin.
Additionally, the City Council will recess to Closed Session to confer
with the City Attorney regarding pending litigation pursuant to Govern-
ment Code Section 54956.9(b)(2). (Based on an existing set of specific
facts and circumstances, the City Council of the City is deciding
whether the threat of litigation is likely or would be likely if dis-
cussed in an open and public meeting.)
The meeting was reconvened at 9:28 p.m. with all members present.
A~i~ NDA ~J)E R
VI. OPJ)INANCES FOR ADOPTION
2. FOOTHILL/EASTERN TIUUISP. ORTATION CORRIDOR - RESOLLrrION NO. 86-26 AND
URRFNCY ORDINANCE NO. 965
It was moved by Edgar, seconded by Hoesterey, to adopt the follow-
ing:
RESOLUTION NO. 86-26 - RESOLUTION~ OF THE CITY COUNCIL OF THE CITY
OF TUSTIN SPECIFYING CERTAIN RESERVED RIGHTS AND ADOPTING A POLICY
STATEMENT REGARDING THE JOINT EXERCISE OF POWERS AGREEMENT CREATING
THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY
Carried 5-0.
CITY COUNCIL MINUTES
Page 8, 2-18-86
XI.
It was moved by Edgar, seconded by Hoesterey, that Ordinance No.
965 have first reaoing by title only. Carried 5-0. Following
first reading by title only of Ordinancel'.'No. 965 by Councilman
Edgar, it was moved by Edgar, seconded by Greinke, that Ordinance
No. 965 be introduced. Motion carried 5-0.
It was moved by Edgar, seconded by Greinke, that Ordinance No. 965
have second reading by title only. Carried 5-0. Following second
reading by title only of Ordinance No. 965 by Councilman Edgar, it
was moved by Edgar, seconded by Saltarelli, that Ordinance No. 965
be passed and adopted as follows:
OI~)INANC£ NO. 965 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 948 AND THE
EFFECTIVE DATE THEREOF
Roll Call Vote':
AYES:
NOES:
ABSENT:
Edgar, Greinke, Kennedy, Hoesterey, Saltarelli
None
None
100
At 9:30 p.m. the meeting was adjourned in memory of Kenneth J. Cawthon
to the next regular meeting on March 3, 1986, at 7:00 p.m. by unanimous
informal consent.
MAYOR
CITY CLERK