HomeMy WebLinkAboutMINUTES 08-19-85MINUTES OF A REGULAR ~ETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
AUGUST 19, 1985
CALL TO OI~DER/PLEDGE OF ~J_LEGIANCE/INVOCATION
The meeting was called to order by Mayor Greinke at 7:00 p.m. in the
City Council Chambers, 300 Centennial Way. Councilman Hoesterey led
the Pledge of Allegiance, and the Invocation was given by Councilman
Edgar.
II.
ROLL ~L
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
Captain Steven Foster, Police Department
Robert S. Ledendecker, Dir. of Public Works
Approximately 30 in the audience
III. PROCL~MATION
1. DECU~RING SEPTEMBER, 1985, "SEAT BELTS WORK MONTH" - AUTOMOBILE
CLUB OF SOUTHERN CALIFORNIA
Mayor Greinke read and presented a proclamation to Gene Shaw, Dis-
trict Manager, Automobile Club of Southern California, declaring
September, 1985, as "Seat Belts Work Month." Mr. Shaw expressed
thanks to the Council. 84
IV. PUBLIC INPUT
None.
V. ORAL REPORT
1. ECONOMIC OEVELOPMENT CORPORATION OF ORANGE COUNI~
Frank Smith, Executive Director, explained that the Economic Devel-
opment Corporation of Orange County was reformed six months ago
after some period of dormancy, with the idea to establish a method
by which to create and promote jobs in Orange County. Mr. Smith
stated that the Corporation will attempt to unite the business,
education, and political sectors of the County to work together
effectively; and it will endeavor to become the promotional mar-
keting arm of the County in order to entice new businesses to
establish and expand in Orange County and ensure that existing
businesses stay and don't get lured to areas of major competition.
He pointed out that Tustin is a very key part in the development of
Orange County. Mr. Smith provided each Councilmember with a copy
of the Corporation's quarterly magazine.
Mayor Greinke welcomed the Economic Development Corporation of
Orange County and thanked Mr. Smith for his presentation.
VI. PUBLIC HEAJ~INGS
None.
CITY COUNCIL MINUTES
Page 2, 8-19-85
VII.
CONSENT CALENDAR
It was moved by Hoesterey, seconded by Edgar, to remove Item No. 6 and
approve the remainder of the Consent Calendar. Kennedy registered an
abstention on Item No. 1 - Mindtes of August 5, 1985. The motion car-
ried 5-0.
®
e
e
10.
11.
APPROVAL OF MINUTES - JULY 15, 1985, REGULAR MEETING
AUGUST 5, 1985, REGULAR MEETING
(Kennedy.abstained)
APPROVAL OF DEI~ANDS IN THE AMOUNT OF $382,636.29
RATIFICATION OF PAYROLL IN THE AMOUNT OF $123,458.28
5O
RESOLLFFION NO. 85-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE
FISCAL YEAR 1985-86 IN ACCORDANCE WITH ARTICLE XIIIB OF THE CON-
STITUION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE
GOVERNMENT CODE
Adopted Resolution No. 85-85 as recommended by the Finance
Director. 29
RESOLUTION NO. 85-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, FIXING AND DETERMINING THE AMOUNT OF REVENUE
REQUIRED FROM PROPERTY TAXES OF THE CITY OF TUSTIN AND FIXING THE
RATE OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO
SERVICE THE DEBT OF THE GENERAL OBLIGATION BONDS OF THE CITY FOR
THE FISCAL YEAR 1985-86.
Adopted Resolution No. 85-86 as recommended by the Finance
Director. 29
RESOLUTION NO. 85-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, AUTHORIZING ACCEPTANCE OF ALL DEEDS OR GRANTS CONVEYING
ANY INTEREST OR RIGHT IN OR EASEMENT UPON REAL ESTATE TO THE CITY
OF TUSTIN FOR PUBLIC PURPOSES; APPOINTING AND AUTHORIZING THE CITY
CLERK OF THE CITY OF TUSTIN TO CONSENT TO SUCH DEEDS OR GRANTS AND
TO THE RECORDATION THEREOF ON BEHALF OF THE CITY
Adopted Resolution No. 85-87 as recommended by the City Attor-
ney. 37
RESOLUTION NO. 85-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, APPROVING TENTATIVE PARCEL MAP 85-270 LOCATED AT 300
SOUTH "C" STREET
Adopted Resolution No. 85-89 as recommended by the Community
Development Department. 99
REJECTION OF CLAIM - PACIFIC BELL; DATE OF LOSS: 4/16/85; DATE
FILED WITH CIl~f: 7/9/85; CLAIM Ii(3. 85-33
Rejected subject claim as recommended by the City Attorney. 40
REJECTION OF CLAIM - EMILY FENWICK; DATE OF LOSS: 6/4/85; DATE
FILED WITH CITY: 7/19/85; CLAIM NO. 85-35
Rejected subject claim as recommended by the City Attorney. 40
USE OF SURPLUS CITY PROPERTY - NEWPORT AVENUE AT IRVINE BOULEVARD
Authorized the Mayor to execute the License Agreement between
the City and James Vecchio for the interim use of surplus City
property at the southwesterly corner of Newport Avenue and
Irvine Boulevard for landscaping and maintenance purposes as
recommended by the Director of Public Works. 45
85-38
BUILDING CODE APPEALS BOARD
Adopted Minute Order to establish an Appeals Board to provide
for reasonable interpretation of technical codes, as provided
for in the Uniform Building Code and t~e Uniform Administrative
Code Section 204, as recommended by the Community Development
Department. 31
CITY COUNCIL MINUTES
Page 3, 8-19-85
Consent Calendar Item No. 6 - Tentative Parcel Map 85-246 (Carver
Development) - It was moved by Hoesterey, seconded by Edgar, to con-
tinue subject item to September 3, 1985, as requested by the applicant:
RESOLUTION NO. 85-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, APPROVING TENTATIVE PARCEL MAP 85-246 LOCATED AT THE
SOUTHWESTERLY CORNER OF MAIN AND NEWPORT SOUTHERLY TO EL CAMINO
REAL
The motion carried 5-0.
99
VIII.
IX.
ORDINANCES FOR INTRODUCTION
1. CITY COUNCIL COMPENSATION - ORDINANCE NO. 941
It was moved by Saltarelli, seconded by Edr~a~r~,i~-- that Ordinance No
941 have first reading by title only. ed 5-0. Followinj
first reading by title only of Ordinance No. 941 by the City Clerk,
it was moved by Saltarelli, seconded by Edgar, that Ordinance No.
941 be introduced as follows:
ORDINANCE NO. 941 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO COUN-
CIL COMPENSATION
Carried 4-1, Greinke opposed.
2. PLANNING CO~ISSION COMPENSATION - ORDINANCE NO. 942
It was moved by Saltarelli, seconded by Edgar, that Ordinance No.
942 have first reading by title only. Motion carried 5-0. Follow-
ing first reading by title only of Ordinance No. 942 by the City
Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance
No. 942 be introduced as follows:
ORDINANCE NO. 942 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, AMENDING SECTION '1514 OF THE TUSTIN MUNICIPAL CODE, TO
INCREASE COMPENSATION OF THE CITY OF TUSTIN'S PLANNING COMMIS-
SIONERS
The motion carried 5-0.
80
ORDINANCES FOR ADOPTION
None.
X®
OLD BUSINESS
1. NO PARKING SIGNS FOR STREET ~EEPING ON CALIFORNIA STREET BETWEEN
CORLA A~D ~DA)_LION (Continued from August 5, 1985)
The Director of Public Works provided an oral update to the inter-
com dated August 14, 1985, prepared by the Administrative Assis-
tant, stating that 11 residents are opposed to sign removal, 7
residents are in favor of sign removal, and 3 residents did not
respond.
The Director responded to Councilwoman Kennedy's questions on the
Council-adopted policy relative to parking restrictions during
street sweeping hours. Council/staff discussion followed.
Mayor Pro Tem Saltarelli expressed opposition to the policy that
only one signature per dwelling unit be utilized, and suggested
that the number of registered drivers per dwelling unit should be
considered. The motion by Saltarelli to remove the signs restrict-
ing parking on California Street died for lack of a second.
It was then moved ~y Hoestere¥, seconded by Kennedy, to retain the
signs prohibiting parking during street sweeping hours on
California Street between Corla and Medallion. The motion carried
4-1, Saltarelli opposed. 75
CITY COUNCIL MINUTES
Page 4, 8-19-85
XI.
XII.
2. CITY ENTRANCE SIGN PROGR~d~
The staff report and recommendation were presented by the Community
Development Director as contained in the inter-com dated August 19,
1985, prepared by the Community Development Department.
It was moved by Saltarelli, seconded by Kennedy, to direct staff to
seek proposals from sign manufacturers for both pole and monument
type signs to be used throughout the community at approved loca-
tions. Carried 5-0. 93
3, REQUEST FOR FIRST STREET MORATORIUM WAIVER (430-440 E. FIRST ST.)
Following consideration of the inter-com dated August 19, 1985,
prepared by the Community Development Department, the motion by
Saltarelli to approve the request for First Street moratorium
waiver died for lack of a second.
It was then moved by Kennedy, seconded by Hoesterey, to deny the
request for First Street moratorium waiver From Howard Jones and
Irene Roberts for properties at 430-440 East First Street.
The Community Development Director responded to Councilman
Hoesterey that the draft of First Street Specific Plan is projected
for completion in early November.
Mayor Pro Tem Saltarelli voiced opposition to the motion as
expressed previously during Council consideration of the morato-
rium.
Councilwoman Kennedy stated she is very sympathetic but felt the
moratorium is necessary to the City's future development.
The motion carried 4-1, Saltarelli opposed.
81
NEW BUSINESS
1. WARNER AVENUE AT A.T. & S.F. RAILROAD CROSSING
As recommended in the inter-com dated August 7, 1985, prepared by
the Director of Public Works, it was moved by Saltarelli, seconded
by Edgar., to adopt a Minute Order authorizing the Mayor to execute
Program Supplement No. 5 to Local Agency (Tustin)/State Agreement
No. 07-5271; and authorize a supplemental budget appropriation for
FY 1985-86 in the amount of $5,150.00. Carried 5-0. 45
85-39
REPORTS
1. PtANNING C~)~ISSION ACTIONS - AUGUST 12, 1985
It was moved by Saltarelli, seconded by Edgar, to ratify the entire
Planning Commission Action Agenda of August 12, 1985. The motion
carried 5-0. ~
2. MONITORING OF TOXIC OR HA7_ARDOUS MATERIALS
The Community Development Director presented the staff report and
recommendation as contained in the inter-com dated August 19, 1985,
prepared ~y the Community Development Department, and he responded
to Council questions.
It was moved by Greinke, seconded by Saltarelli, to receive and
file subject report.
Councilwoman Kennedy expressed concern that Tustin needs to take
strong steps to adopt its own ordinance, and not rely on a volun-
tary reporting system to protect the community.
Councilman Hoesterey stated that the City contracts with the County
for fire protection and hazardous materials clean-up, and they are
responsible and should be held fully accountable for any hazardous
CITY COUNCIL MINUTES
Page 5, 8-19-85
XIII.
XIV.
material incidences that occur within our boundaries. He added
that Tustin Police Department should have access to reports of
businesses using hazardous materials so that if they are the first
response, the information is readily available.
In response to Councilwoman Kennedy, the Community Development
Director reviewed the fire inspection system and explained the
sample fire inspection report utilized by the Orange County Fire
Department. The Director noted that a business may refuse Fire
Department entry; however, if they have reason to believe viola-
tions are occurring, they can obtain an inspection warrant from the
courts and make forceable entry.
The motion carried 5-0.
102
OTHER BUSINESS
1. ZONING ALONG NEWPORT AVENUE
It was moved by Edgar, seconded Greinke, to direct staff to inven-
tory properties within 150 feet of Newport Avenue that are zoned
residential that could be rezoned commercial. Carried 5-0. 110
2. MICROPHONES IN C~)UNCIL CHAMBERS
It was moved by Saltarelli, seconded by Kennedy, to direct staff to
obtain extensions for the microphones that are at least six inches
in length. The motion carried 5-0. 39
3. SIGNAGE FOR EL CAMINO REAL
Mayor Greinke requested that staff accelerate replacement of signs
reflecting the name change of Laguna Road to E1Camino Real.
4. FORTUNE TELLING IN TUSTIN
James Rosenberg, a Pasadena attorney,, stated he was representing
families wishing to conduct fortune telling business in Tustin.
Mr. Rosenberg provided a copy of a proposed ordinance recently
adopted by San Gabriel which strongly regulates fortune telling.
He also provided a copy of the recent Supreme Court decision on the
matter.
Mayor Greinke thanked Mr. Rosenberg for his input.
RECESS - REDEVELOPMENT; ADJOURN~NI'
At 7:59 p.m. it was moved by Kennedy, seconded by Saltarelli, to recess
to the Redevelopment Agency, and thence adjourn to the next adjourned
regular meeting on Tuesday, September 3, 1985. Carried 5-0.
MAYOR
MINUTES OF A REGULAR MEETING
OF THE REDEVELOPMENT AGENCY OF
THE CITY OF TUSTIN, CALIFORNIA
AUGUST 19, 1985
1. CALL TO ORDER
The meeting was called to order at 7:59 p.m. by Chairman Greinke in the
City Council Chambers, 300 Centennial Way, Tustin, California.
2. ROLL CALL
Agency Members Present:
Agency Members Absent:
Others Present:
Frank H. Greinke, Chairman
Donald J. Saltarelli, Chairman Pro Tem
Richard B. Edgar
Ronald B. Hoesterey
Ursula E. Kennedy
None
William A. Huston, Exec. Director/City Manager
James G. Rourke, City Attorney
Mary E. Wynn, Recording Secretary/City Clerk
Donald D. Lamm, Community Development Director
Charles R. Thayer, Chief of Police
Robert S. Ledendecker, Director of Public Works
Approximately 10 in the audience
3. APPROVAL OF MINUTES
It was moved by Saltarelli, seconded by Edgar, to approve Minutes of the
August 19, 1985, Regular Meeting. Motion carried 4-0, Kennedy abstained.
4. ACCEPTANCE OF DEEDS - RESOLUTION NO. RDA 85-10
As recommended in the inter-com dated July 31, 1985, prepared by the City
Attorney, it was moved by Saltarelli, seconded ,by Kennedy, to adopt the
following:
RESOLUTION NO. RI)A 85-10 - RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOP-
MENT AGENCY AUTHORIZING ACCEPTANCE OF ALL DEEDS OR GRANTS CONVEYING ANY
INTEREST OR RIGHT IN OR EASEMENT UPON REAL ESTATE TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY FOR PUBLIC PURPOSES; APPOINTING AND AUTHORIZING THE
SECRETARY OF THE TUSTIN COMMUNITY REDEVELOPME~FF AGENCY TO CONSENT TO SUCH
DEEDS OR GRANTS AND TO THE RECORDATION THEREOF ON BEHALF OF THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
The motion carried 5-0.
6O
5. SOUTH NEWPORT - EDINGER CIRCULATION STUDY
(Continued from August 5, 1985)
Pursuant to the recommendation contained in the inter-com dated July 26,
1985, prepared by the Director of Public Works, it was moved by Salta-
relli, second.ed by Edgar, to authorize staff to solicit proposals for con-
sultant services for preparation of a precise horizontal and vertical
alignment for the extension of Newport Avenue based upon Alternative 3,
inclusive of staff variation; and approve a budget appropriation in the
amount of $40,000.00. Carried 5-0. 95
6. DESIGN REVIEW - 13882 NEWPORT AVENUE
As recommended in the inter-com dated August 19, 1985, prepared by the
Community Development Department, it was moved by Saltarelli, seconded by
Edgar, to adopt the following:
RESOLUTION NO. RDA 85-11 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DESIGN OF A RETAIL
COMMERCIAL CENTER AT 13882 NEWPORT AVENUE
Agency members made favorable comments regarding the project. The motion
carried 5-0.
REDEVELOPMENT AGENCY MINUTES
Page 2, 8-19-85
7. AWARD OF CONTRACT FOR FIRST STREET SPECIFIC PLAN
Following consideration of the inter-com dated August 19, 1985, prepared
by the Community Development Department, it was moved by Saltarelli, sec-
onded by Edgar, to:
2)
3)
Retain The Planning Center, land use consultants, to prepare the First
Street Specific Plan and instruct staff to prepare the necessary
agreements;
Authorize the Agency Chairman to execute said agreements when pre-
pared; and
Increase the budget appropriation for subject project from that previ-
ously approved in the FY 1985-86 budget of $55,000 to $60,000.
Carried 4-1, Saltarelli opposed.
45; 85-4O
81
8. OTHER BUSINESS
A. NEWPORT AVENUE EXTENSION STUDY
Chairman Pro Tem Saltarelli requested the Director of Public Works to
include within the Newport Avenue extension study an analysis of a "no
project" alternative, in light of the possibility that the extension will
funnel more traffic into the center of town which may not be in the City's
best interest.
B. "PASS-THROUGH" FUNDS
Agency member Edgar reported that he has participated in discussions
between Orange County cities and representatives of the Sanitation Dis-
tricts regarding property tax pass-through funds. The consensus was that
each city would be requested to identify housing unit developments in its
redevelopment area, recognizing the inequity that exists in terms of not
having that pass-through, and then as a redevelopment agency decide how
those funds would be provided to the Sanitation Districts. He requested
that staff analyze and report back to the Agency on the matter.
9. ADJOURNHENT
It was moved by Hoestere~, seconded by Saltarelli, to adjourn at 8:07
p.m. to the next adjourned regular meeting on Tuesday, September 3, t985.
The motion carried 5-0.
CHAIRMAN