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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