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HomeMy WebLinkAboutCC 1 MINUTES 08-19-85MINUTES OF A REGULAR MEETING OF 1}lE CITY COUNCIL OF THE CITY OF llJSTIN, CALIFORNIA JULY 15, 1985 II. III. IV. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Greinke at 7:00 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 Suzanne Atkins, Deputy City Attorney Mary E. Wynn, City Clerk Donald D. Lanm, Com. Development Director Eva A. Nava, Deputy City Clerk Charles R. Thayer, Chief of Police Robert S. Ledendecker, Dir. of Public Works Royleen A. White, Dir. of Com. & Admin. Srvcs. Ronald A. Nault, Finance Director Approximately 30 in the audience PROCLAMATION 1. BUILDING PLAN CHECKER RICARDO P. LAZARO - ATTAINMENT OF UNITED STATES CITIZENSHIP Mayor Greinke read and presented a proclamation to Ricardo P. LazarD, Building Plan Checker, extending congratulations and com- mendations upon his obtaining United States citizenship. Mr. LazarD received a standing ovation from the audience, and he expressed his gratitude to all. 84 PUBLIC HEARINGS 1. CONTINUED CONSIDEI~m~TION OF APPEAL OF USE PERMIT 85-13 - MOBIL OIL STATION AT 13872 RED HILL AVENUE AT LACUNA ROAD {EL CAMINO REAL) The staff report and reconmnendation were presented by the Community Development Director as contained in the inter-com dated July 15, 1985,-prepared by the Community Development Department. The Director of Public Works responded to Mayor Greinke that there is no date certain for the widening of Red Hill Avenue and that the service station is located very close to the proximity of the Santa Aha Freeway widening and rebuilding of Red Hill Avenue interchange which is scheduled by Cal Trans for 1988-89. The dedication requested on this development is on Red Hill frontage. Mayor Greinke opened the public hearing at 7:08 p.m. George Hillyard, applicant, spoke in favor of the appeal to waive the ten foot irrevocable offer of dedication along Red Hill Avenue. He stated that Mobil Oil is not the property owner, the property owner is opposed to the dedicatiop, and the dedication requirement would halt operation of the service station. There were no other speakers, and the public hearing was closed at 7:09 p.m. A brief question-and-answer period followed. CITY COUNCIL MINUTES Page 2, 7-15-85 Mayor Pro Tem Saltarelli stated he felt the dedication requirement is a confiscation of private property for public purposes. It was then moved by Saltarelli, seconded by Edgar, to uphold Appeal of Use Permit 85-i3 to remove the requirement for a ten foot irrevo- cable offer of dedication along Red Hill Avenue. Council discussion followed. Councilwoman Kennedy expressed oppo- sition to the motion on the basis that it is contradictory to City policy. Councilman Hoesterey stated that because the applicant is not the landowner and the permit is to install a mini-market and cashier's booth within an existing sales area, he was in favor of the motion. The motion carried 4-1, Kennedy opposed. CONTINUED CONSIDERATION OF TENTATIVE TRACT MAP NO. 12345 EAST TUSTIN RESIDENTIAL PHASE I - RESOLUTION NO. 85-68 The public hearing was opened by Mayor Greinke at 7:14 p.m. The Co~unity Development Director presented the staff report and recommendation. He stated that staff concurs with The Irvine Com- pany's request to amend Condition of Approval No. 26, last sentence to read [amendments underscored], "The applicant/developer (The Irvine Company} shall assist and work with the School District in evaluating these options, and submit a report to the Planning Com- mission within 30 days of approval of this tentative tract out- lining feasible~itigation measures for documented overcrowding within the Tustin Unified School District attendance area which is attributable to Phase I development." Brad Olson, The Irvine Company, stated that the School District and The Irvine Company have reached agreement on how to mitigate the impact caused by Phase I development. Regarding Condition of Approval No. 27, Mr. Olson suggested an addition which would pro- vide for public and privat~ recreational facilities within the tract. He also noted that the acreage dedication would be approxi- mately +8 acres since the project density was reduced. The Community Development Director stated that should Council want flexibility in the future whereby land dedicated for public parks should also be improved by the developer and credited as such, then Mr. Olson's suggestion should be included. If Council feels strongly that the City should only take land in dedication and the City will determine how to improve parks (and not allow the devel- oper to improve it and gain credit for same), then it should be left as is. The Director of Community and Administrative Services stated that when credit is given for improvements, it takes away from the total number of acres available for public parks. ~ In previous discus- sions, staff felt Council desired dedication of land, and staff and Council would work together to come up with a plan to improve parks in the future. The City Manager stated that staff's position is consistent with the parkland dedication ordinance that the remaining obligation be carried forward to another area of the East Tustin plan. The City intends to look at financing mechanisms for park development, but is not presently in a position to say what source of funding will be used. Mayor Pro Tem Saltarelli was agreeable to incorporating Mr. Olson's suggestion, stating the City would gain flexibility and maintain options for future improvements to public parks without impacting the General Fund. Mayor Greinke concurred. There were no other speakers on the matter, and the public hearing was closed at 7:27 p.m. CITY COUNCIL MINUTES Page 3, 7-15-85 Councilman Hoesterey was hesitant to give up parkland for the future and did not want to set a precedent. Councilwoman Kennedy concurred and encouraged the City maintain the maximum parkland for the future. Council debate ensued. Mayor Greinke voiced pleasure that the issues between the Tustin Unified School District, The 1trine Company, and the City have been resolved, and commended The Irvine Company for their efforts in same. Mr. Olson stated that his purpose in suggesting the amendment was to allow both parties to keep their options open, with no intent to back away from any commitments to the City. It was then moved by Edgar, seconded by Hoesterey, to: 1) A~nend Exhibit "A," Condition of Approval No. 26, to Resolution No. 85-68, last sentence to read, "The applicant/developer {The Irvine Company) shall assist and work with the School District in evaluating these options, and submit a report to the Plan- ning Comission within 30 days of approval of this tentative tract outlining feasible mitigation measures for documented overcrowding within the Tustin Unified School District atten- dance area which is attributable to Phase I development"; and 2) Adopt the following: RESOLUTION NO. 85-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING TENTATIVE TRACT MAP NO. 12345 The Director responded to Mayor Pro Tem Saltarelli that wording in Condition No. 27 precludes The Irvine Company from receiving credit for improvements to public recreation facilities. After further Council/staff discussion, the motion carried 3-2, Greinke and Saltarelli opposed. ~L 3. APPEAJ. OF USE PEP, NIT 85-10 & VARIAJ(CE 85-4 (13891 RED HILL AVENUE) The staff report and recommendation were presented by the Director of Community Development as contained in the inter-com dated July 15, 1985, prepared by the Community Development Department. The Director noted that the applicant has withdrawn Appeal of Vari- ance 85-4 thereby eliminating the need for Council consideration of same. Mayor Greinke opened the public hearing at 7:45 p.m. Dale Lewis, 511 North Brookhurst, representing Shell Oil, spoke in favor of Appeal of Use Permit 85-10 to waive the ten foot irrevo- cable offer of dedication. Mr. Lewis stated that the property owner is not agreeable to the dedication, and it would have a nega- tive impact on the business. There were no other speakers on the matter, and the public hearing was closed at 7:48 p.m. It was moved by Edgar, seconded by Saltarelli, to uphold Appeal of Use Permit 85-10 to remove the requirement for a ten foot irrevo- cable offer of dedication along Red Hill Avenue. Councilwoman Kennedy expressed her opposition to the motion. The motion carried 4-1, Kennedy opposed. 81 4. FORMATION OF ll~E ll~STIN LANDSCAPE & LIGHTING DISll~ICT - RESOLUTION NO. 85-75 Ronald E. Wolford, representing Berryman & Stephenson, Inc., con- sultants for subject district, presented the staff report and recommendation, and noted that no protests have been filed to date. Mr. Wolford responded to Council questions. CITY COUNCIL MIN~'~SS Page 4, 7-15-85 The public hearing was opened by Mayor Greinke at 7:55 p.m. There were no speakers on the matter, and the public hearing was closed. It was then moved by Greinke, seconded by Kennedy, to adopt the following: RESOLUTION NO. 85-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, ORDERING IMPROVEMENTS AND ll~E FORMATION OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT, AND CON- FIRMING THE ASSESSMENT AND DIAGRAM Carried 5-0. 25 JOINT CITY COUNCIL & REDEVELOPMENT AGENCY PUBLIC HEARING - A)IEND- MENT NO. I TO THE SOUTH/CENTRAL REDEVELOPMENT PROJECT PLAN - RESOLUTION NO. 85-76, URGENCY ORDINANCE NO. 939, AND ORDINANCE NO. 94O Mayor/Chairman Greinke convened the joint session of the City Coun- cil and Redevelopment Agency at 7:56 p.m. The staff report and recommendations were presented by the Director of Community Development. He described the area encompassed by the amendment, which consists of approximately 138 acres primarily owned by Santa Fe Land Improvement Company, and the public works and major roadway circulation improvements vitally needed in the area. Subject improvements are estimated at a cost of nearly $13 million which staff is requesting be financed through an annual incremental tax increase by the Redevelopment Agency to relieve local taxpayers from such a burden. The Director also requested an amendment to Sections 600 and 700 in the project area plan to raise the debt limitation ceiling from $15 million to $20 million and the maximum debt limitation that could be funded according to tax increment from $10 million to $15 million as revealed by financial analysis. The public hearing was opened by Mayor/Chairman Greinke at 8:02 p.m. There were no speakers on the matter, and the public hearing was closed. It was moved by Saltarelli, seconded by Edgar, to adopt the follow- ing: RESOLUTION NO. 85-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) 85-1, AND AMENDMENTS, AS A FINAL EIR Carri ed 5-0. It was moved by Edgar, seconded by Kennedy, to approve Amendment No. 1 to the South/Central Redevelopment Plan. Motion carried 5-0. It was moved by Edgar, seconded by Saltarelli, that Ordinance No. 939 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 939 by the City Clerk, it was moved by Edgar, seconded by Saltarelli, that Ordinance No. 939 be introduced and that Sections 600 and 700 be amended to raise the debt ceiling from $15 million to $20 million and from $10 million to $15 million. The motion carried 5-0. It was then moved by Saltarelli, seconded by Kennedy, that Ordi- nance No. 939 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 939 by the City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 939 be adopted: ORDINANCE NO. 939 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE SOUTH/CENTRAL REDEVELOP- MENT PROJECT PLAN AMENDMENT NO. 1 CITY COUNCIL MINUTES Page 5, 7-15-85 Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None None It was moved by Kennedy, seconded by Edgar, that Ordinance No. 940 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 940 by the City Clerk, it was moved by Kennedy, seconded by Edgar, that Ordinance No. 940 be introduced as follows: O~DINANCE NO. 940 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE SOUTH/CENTRAL REDEVELOPMENT PROJ- ECT PLAN AMENDMENT NO. I The motion carried 5-0. 60 The joint session of the Council/Redevelopment Agency was adjourned at 8:09 p.m. to the regular meeting of the City Council. VACATION & ABANDONMENT OF )IOU~TON PARKWAY FROM REALIGNED MDULTON PARKWAY TO 14ARVARD AVENUE - RESOLUTION NO. 85-79 The staff report and recommendation were presented by the Director of Public Works as contained in the inter-com dated July 3, 1985, prepared by the Engineering Division. The Director noted that Resolution No. 85-79 has been revised to indicate the utility com- panies by name and operation of where the existing roadway easement will be held in perpetuity for the maintenance and replacement/ operation of their facilities. The Mayor opened the public hearing at 8:11 p.m. There were no speakers on the matter, and the public hearing was closed. Mayor Greinke noted a conflict of interest and abstained on the matter. It was moved by Saltarelli, seconded by Edgar, to adopt the follow- ing: RESOLUTION NO. 85-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING VACATION OF A PORTION OF MOULTON PARKWAY The motion carried 4-0, Greinke abstained. 105 JOINT CITY COUNCIL & REDEVELOPMENT AGENCY PUBLIC HEARING - FISCAL YEAR 1985-86 BUDGET - RESOLtFTION NOS. 85-77, 85-78 & RDA 85-9 The Finance Director presented the staff report and recommendation as contained in the two inter-coms dated July 10, 1985. Mayor Greinke opened the public hearing at 8:17 p.m. There were no speakers on the matter, and the public hearing was closed. Following consideration of the inter-com dated July 15, 1985, pre- pared by the Director of Community and Administrative Services, it was moved by Saltarelli, seconded by Edgar, to notify those groups who have received non-profit revenue sharing monies that the con- tinuation of the program is uncertain at this time, and to appro- priate a lump sum of $20,000 for distribution to community groups from the Revenue Sharing Fund reserves. Council discussion followed regarding the impact on community groups if revenue sharing funds were completely discontinued in 1985-86. A substitute motion was made by Kennedy, seconded by Edgar, to fund Revenue Sharing at a minimum of $20,000 with proceeds carried over from 1984-85, and at a pro-rated maximum of $40,000. CITY COUNCIL MIN' Page 6, 7-15-85 VI. The City Manager reviewed the process by which revenue sharing funds are allocated to non-profit community groups. Councilman Hoesterey commended staff on the excellent job they have done during the workshops and entire budget process. Council persons Kennedy and Edgar withdrew the substitute motion. After further discussion, the original motion carried 5-0. It was then moved by Saltarelli, seconded by Edgar, to adopt the following: RESOLUTION NO. 85-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING THE CITY BUDGET AND APPROPRIATING REVENUE OF THE CITY FOR THE FISCAL YEAR 1985-86 Carried 5-0. 29 It was moved by Edgar, seconded by Saltarelli, to adopt the follow- ing: RESOLUTION NO. 85-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING THE REVENUE SHARING FUND BUDGET AND APPROPRI- ATING REVENUE OF THE FUND FOR THE FISCAL YEAR 1985-86 Motion carried 5-0. The public hearing was opened by Mayor/Chairman Greinke at 8:28 p.m. There were no speakers on the matter, and the public hearing was closed. It was then moved by Edgar, seconded by Hoesterey, to adopt the following: RESOLUTION NO. RDA 85-9 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, ADOPTING THE AGENCY BUDGET AND APPROPRIATING REVENUE OF THE AGENCY FOR FISCAL YEAR 1985-86 The motion carried 5-0. PUBLIC INPUT None. CONSENT CALENDAR Item No. 4 was removed from the Consent Calendar by Greinke. It was moved by Hoestere¥, seconded by Edgar, to approve the remainder of the Consent Calendar. Carried 5-0. APPROVAL OF MINUTES - JULY 1, 1985, REGULAR MEETING JULY 8, 1985, ADJOURNED REGULAR MEETING APPROVAL OF DEMANDS IN THE AMOUNT OF $348,982.46 RATIFICATION OF PAYROLL IN THE AMOUNT OF $136,101.67 5O RESOLUTION NO. 85-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR 1980 STATE GRANT MONIES FOR THE TUSTIN MULTIPURPOSE SENIOR CENTER PROJECT Adopted Resolution No. 85-73 authorizing the application for 1980 State Bond Act Funds for the Tustin Multipurpose Senior Center Project in the amount of $125,463.00 as recommended by the Director of Community and Administrative Services. 41 NEGATIVE DECLARATION - MULTIPURPOSE SENIOR CENTER Adopted the Negative Declaration for the proposed project by minute order as recommended by the Community Development Department. 41 REJECTION OF CLAIM OF EUGENE P. MUILRS; DATE OF LOSS: 2-27-85; DATE FILED WIl~l CITY: 6-11-85; CLAIM NO.: 85-32 Rejected subject claim as recommended by the City Attorney. 40 CITY COUNCIL MINUTES Page 7, 7-15-85 Consent Calendar Item No. 4: Senior Center Bond Act Funds - Resolution No. 85-74 - In response to Mayor Greinke, the Director of Conmunity and Administrative Services reported that staff proceeded on the advice of Supervisor Riley's office but was unsuccessful in locating additional contingency funds at the County level. She suggested Council contact Supervisor Riley again and hopefully obtain better results. Mayor Greinke encouraged Councilmembers to do so. It was then moved by Greinke, seconded by Edgar, to approve the following: RESOLLF~ION NO. 85-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE APPLICATION FOR FUNDS UNDER THE CALIFORNIA SENIOR CENTER BOND ACT OF 1984 FOR TUSTIN MULTIPURPOSE SENIOR CENTER Adopted Resolution No. 85-74 authorizing the application for 1984 Senior Citizen Bond Act Funds for the Tustin Multipurpose Senior Center Project in the amount of $1,210,000.00 as recom- mended by the Director of Community and Administrative Ser- vices. Motion carried 5-0. 41 VII. ORDINAJqCES FOR IIITROOUCTION See Joint Public Hearing No. 5. VIII. ORDINJqJqCES FOR Al)OPTION 1. ZONE CHANGE 85-5 (YORBA STREET) - ORDINANCE NO. 934 It was moved by Saltarelli, seconded by Edgar, that Ordinance No. 934 have second reading by title only. ~'~ied 5-0. Following second reading by title only of Ordinance No. 934 by the City Clerk, it was moved by Kennedy, seconded by Edgar, that Ordinance No. 934 be passed and adopted as follows: OROINAJICE NO. g34 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING ZONE CHANGE 85-5 REZONING CERTAIN PROPERTIES LOCATED ON YORBA STREET BETWEEN FIRST STREET AND IRVINE BLVD. AS INDICATED ON EXHIBIT "A" ATTACHED HERETO Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None None 110 2. SPECIFIC ~AN NO. g (YORBA STl~EET) - ORDII~L~NCE NO. 935 It was moved by Edgar, seconded by Hoesterey, that Ordinance No. 935 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 935 by the City Clerk, it was moved by Kennedy, seconded by Edgar, that Ordinance No. 935 be passed and adopted as follows: ORDINANCE NO. 935 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING SPECIFIC PLAN NO. 9 REGULATING DEVELOPMENT INCLUD- ING CERTAIN PROPERTIES ON YORBA STREET BETWEEN FIRST STREET AND IRVINE BLVD. AS INDICATED ON EXHIBIT "A" ATTACHED HERETO Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None None 81 CITY COUNCIL MIN~' -S Page 8, 7-15-85 IX. Xe 3. ZONE CHANGE NO. 85-4 (EAST llJSTIN PHASE I RESIDENTIAL) - ORDINANCE NO. 938 It was moved by Saltarelli, seconded bi/ Edgar, that Ordinance No. 938 have second reading by title only. The motion carried 5-0. The City Clerk provided second reading by title only of Ordinance No. 938. Councilwoman Kennedy reiterated her concern as expressed at the July 1, 1985, meeting to modify Ordinance No. 938 to require a use permit procedure to provide Council the opportunity to thoroughly review Phases I, II, and III. It was moved by Edgar, seconded by Hoesterey, that Ordinance No. 938 be passed and adopted as follows: ORDINANCE NO. 938 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REZONING AN AREA BOUNDED BY THE I-5 FREEWAY, BRYAN AVENUE, BROWNING AVENUE, AND THE PROPOSED JAMBOREE ROAD, FROM PLANNED COM- MUNITY TO PLANNED COMMUNITY/RESIDENTIAL AND PUBLIC AND INSTITU- TIONAL AS SHOWN IN EXHIBIT "A" AND INCLUDING THE INCORPORATION OF PLANNED COMMUNITY REGULATIONS KNOWN AS THE EAST TUSTIN PHASE I RESIDENTIAL Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Saltarelli Kennedy None OLD BUSINESS FINAL DESIGN PLANS - CARVER DEVELOPMENT As recommended in the inter-com dated July 15, 1985, prepared by the Community Development Department, it was moved by Saltarelli, seconded by Edgar, to approve the revised plan, and require that final elevations, showing all sides of proposed structures, be included with complete plan check documents. After a brief question-and-answer period, the motion carried 5-0. 81 NEW BUSINESS 1. )w~AIN Sll~EET/BRYA~m AVENUE PAVEMENT STRIPING ND~)IFICATION The Director of Public Works introduced Jim Kawamura, Consultant Traffic Engineer from Berryman & Stephenson, Inc. Mr. Kawamura made a slide presentation on pavement striping alternatives along Main Street and Bryan Avenue between Newport Avenue and Browning Avenue in response to the need to channelize ever-increasing traf- fic. Alternative No. 1 would maintain existing parking along Bryan Avenue, add bike lanes, and provide left-turn pockets at selected intersections. Alternative No. 2 would restrict parking to certain hours, and pro- vide greater safety for bicycle traffic on Bryan Avenue. Left-turn pockets would be provided essentially as in Alternative No. 1 where existing parking is maintained. Alternative No. 3 would eliminate on-street parking along Bryan Avenue, provide a continuous two-way left-turn lane, and add bike lanes. A question-and-answer period followed. In response to Council, the Director of Public Works stated that staff would circulate drawings of the three alternatives for further Council study, noting that the main concern is to channelize and keep traffic more orderly. He continued that the purpose of the evening's presentation was to expose Council to the overall concept, staff will bring the matter back for Council direction on August 5, after which time neighbor- hood groups could be contacted for input if desired. CITY COUNCIL MINUTES Page 9, 7-15-85 XI. XII. LEFT-TURN SIGNALS AT VARIOUS INTERSECTIONS Mr. Kawamura continued with a slide presentation of various inter- sections along Newport Avenue and Red Hill Avenue, describing the different left-turn phasing signal movements throughout the City. He commented that a grant application was recently made for traffic safety improvements under the Hazard Elimination and Safety (HES) Program. Mayor Pro Tem Saltarelli recommended a City-wide policy to make all left-turn movements consistent. Mr. Kawamura explained that there are several intersections in the City which are signal- ized and controlled by the State (i.e., southbound Newport at Nisson) which would make his recommendation difficult to implement. Council discussion followed. Subject report was received and filed by unanimous informal con- sent. 94 REPORTS 1. PtANNING CO~ISSION ACTIONS - JULY 8, 1985 It was moved by Hoestere¥, seconded by Edgar, to ratify the entire Planning Commission Action Agenda of July 8, 1985. The motion carried 5-0. 80 2. INVESTMENT SCHEDULE AS OF JUNE 30, 1985 It was moved by Hoestere¥, seconded by Edgar, to receive and file subject report dated July 5, 1985, prepared by the Finance Direc- tor. Carried 5-0. 50 3. STEERING COI~ilTTEE FOR A SENIOR CENTER PROGRESS REPORT Following consideration of the inter-cmn dated July 10, 1985, on subject matter, Councilman Edgar expressed concerns that plans were being finalized without sufficient Council input. Council/Com- mittee members Hoesterey and Kennedy assured Councilman Edgar that there would be a sufficient review period for Council input. Council concurred to conduct a workshop regarding the Senior Center on Monday, September g, 1985, at 5:00 p.m. with the Steering Com- mittee for a Senior Center {SCSC}. Mayor Greinke reminded Council to personally contact County Super- visor representatives Riley, Stanton, and Nestande on the matter of Tustin's Senior Center, and received Council consensus to forward a letter to these legislators on same. It was moved by Edgar, seconded ~ Greinke, to receive and file subject report. Carried 5-0. 41 OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session to consider personnel matters pursuant to Government Code Section 54957. Councilwoman Kennedy interjected that any Council action from Closed Session is taken in public, and she invited the press and all members of the public to remain in the Council Chambers follow- ing Closed Session to witness same. 2. MYFORD ROAD EXTENSION It was moved by Edgar, seconded by Hoestere~, to direct staff to analyze the concept of funding opportunities for the engineering design work relevant to extending Myford Road through the MCAS(H), Tustin, and as it intersects the I-5 Freeway with the purpose of accelerating the project if desired, and report back to Council on same. Motion carried 5-0. 95 CITY COUNCIL MINUTES Page 10, 7-15-85 3. COMPLIANCE WI1}l UNIFORM FIRE CODE Councilman Edgar reflected on the recent fire disaster on 17th Street in Santa Aha which destroyed an entire older shopping center. In consideration of same, Councilman Edgar requested that staff inventory commercial and apartment buildings in Tustin to determine whether or not potential exposure exists with combined attic areas in which a fire in one strucure could consume the entire building. 51 4. NEWLY-APPOINTED PLANNING COI~ISSIONER The City Clerk informed Councilwoman Kennedy that the newly- appointed Planning Commissioner, Alden L. Baker, was administered the Oath of Office earlier in the day. 80 5. "CLEAN AIR" ORDINANCE The Deputy City Attorney responded to Councilwoman Kennedy that the City Attorney's office has prepared a model "Clean Air" ordinance which has been forwarded to staff for review. Councilwoman Kennedy noted that Newport Beach has joined Laguna Beach in prohibiting smoking in the workplace in both the public and private sector. 88 FOURTI4 OF JULY FIREWORKS SPECTACULAR Mayor Greinke congratulated Community Services for the excellent Fourth of July Fireworks program. 41 AI;EI~)A ORDER PUBLIC INPIIr 1. KENYON DRIVE RESIDENT CONCERNS Hart A. Fisher, 17022 Kenyon-Drive, questioned the status of post- ing street sweeping and fire lanes along Kenyon Drive. He expressed frustration in previous contacts with City staff and the information he received. The City Manager responded that there was a question of City lia- bility in the event fire lanes were painted within private alleys by City forces. It was recently determined that if property owners would indemnify the City, initial painting and posting of fire lane signs would be done by City forces, however, property owners must agree to maintain same thereafter. The Director of Public Works reported that the City-wide street sweeping study has not been completed and suggested that Council could direct staff to proceed on a case-by-case basis. Councilwoman Kennedy enlightened Mr. Fisher on the controversies Council has encountered regarding street sweeping problems in the past. Mayor Greinke thanked Mr. Fisher for his input and informed him that staff would provide a written response to his concerns. XlII. RECESS - REDEVELOPMENT; CLOSED SESSION - RECONVENED Mayor Greinke announced that the City Council would recess to a Closed Session to consider personnel matters pursuant to Government Code Sec- tion 54957. At 9:33 p.m. the meeting was recessed to the Redevelopment Agency, thence to a Closed Session as stated above, The meeting was reconvened at 10:30 p.m. with all members present. CITY COUNCIL MINUTES Page 11, 7-15-85 XlV. XV. A~TION FROM CLOSED SESSION - MANAGEMENT INCENTIVE COMPENSATION M. AN It was moved by Greinke, seconded by Edgar, to approve the 1984-85 Management Incentive Compensation Plan and appropriate $45,000 for management incentive compensation, of which $10,000 is granted to the City Manager, and the remaining amount to be allocated by the City Manager to other management personnel pursuant to the Plan. The motion carried 5-0. ~ ADOOURNI~ENT At 10:31 the meeting was adjourned to the next regular meeting on August 5, 1985, at 7:00 p.m. by unanimous informal consent. CITY CLERK C MINUTES OF A REGULAR MEL,[NG OF THE CITY COUNCIL OF THE CITY OF llJSTIN, CAIFORNIA AUGUST 5, 1985 II. III. IV. CAJ. L TO ORDER/PLEDGE OF ~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 Mayor Pro Tem Saltarelli. 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 William A. Huston, City Manager James G. Rourke, City Attorney Eva A. Nava, Deputy City Clerk Edward M. Knight, Senior Planner Charles R. Thayer, Chief of Police Monda A. Buckley, Administrative Assistant Approximately 15 in the audience PUBLIC INPUT None, CONSENT CALENDAR Mayor Greinke registered an abstention on Item No. 4; Councilman Edgar noted that Item No. 1 - July 15, 1985, Minutes were incomplete. It was then moved by Edgar, seconded by Hoesterey, to continue Item No. 1 to August 19, 1985, and approve the remainder of the Consent Calendar. Motion carried 4-0, Kennedy absent. 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,447,569.78 RATIFICATION OF PAYROLL IN THE AMOUNT OF $124,481.51 50 e ANENOMENT TO AGREEMENT FOR COLLECTION OF SOLID WASTE Approved subject agreement amendment between the City and Great Western Reclamation, Inc., and authorized its execution by the Mayor and City Clerk as recommended by the City Attorney. 45 RESOLLF~ION NO. 85-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION (1984-85 SIDEWALK & CURB REPAIR PRO- GRAM) Adopted Resolution No. 85-82 and authorized payment of final 10% retention amount of $3,620.75 thirty days after recordation of Notice of Completion, providing no liens or stop payment notices have been filed against the project, as recommended by the Engineering Division. (Greinke abstained.) 92 AGREEMENT WITH SHAW INVESTMENT COMPANY - SCANTRON PROJECT, 15181 WOOOLAWN AVENUE, SPECIFIC PLAN NO. 7 AREA Approved subject agreement and authorized its execution by the Mayor as recommended by the Community Development Department. 45; 85-35 RESOLtFTION NO. 85-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, WAIVING THE REQUIREMENT OF A TEN FOOT IRREVOCABLE OFFER OF DEDICATION ALONG RED HILL AVENUE FOR THE PROJ- ECT APPROVED BY USE PERMIT 85-10 AT 13891 RED HILL AVENUE (Shell Oil Corporation) Adopted Resolution No. 85-80 in accordance with Council action of July 15, 1985. 81 CITY COUNCIL MINUTES Page 2, 8-5-85 7. RESOLUTION NO. 85-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, WAIVING THE REQUIREMENT OF A TEN FOOT IRREVOCABLE OFFER OF DEDICATION ALONG RED HILL AVENUE FOR THE PROJ- ECT APPROVED BY USE PERMIT 85-13 AT 13872 RED HILL AVENUE (Mobil Oil Corporation} Adopted Resolution No. 85-81 in accordance with Council action of July 15, 1985. 81 AGREEMENT WITH WILLDAN ASSOCIATES - EAST TUSTIN ASSESSMENT DISTRICT NO. 85-1 Approved subject agreement for coordination services and autho- rized its execution by the Mayor and City Clerk as recommended by the City Engineer. 45; 85-36 RESOLtFFION NO. 85-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE JANITORIAL SERVICES CIVIC CENTER COMPLEX AND DIRECT CITY CLERK TO ADVERTISE FOR BIDS RESOLtFTION NO. 85-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE JANITORIAL SERVICES PARKS AND DIRECT CITY CLERK TO ADVERTISE FOR BIDS Adopted Resolution No. 85-83 and Resolution No. 85-84 as recom- mended by the Administrative Assistant. 39 10. RECONFIRMATION OF APPOI~NTS TO ORANGE COUtf[Y HEALTH PtANNING COUNCIL Reconfirmed the appointments of Phyllis Tuttle, representative, and Bonnie Gillman, alternate, to the Orange County Health Planning Council Assembly of Delegates as recommended by the City Clerk. 70 Consent Calendar Item No. I - Minutes of July 15, 1985 - Council con- curred to continue subject item to August 19, 1985, following discovery that even-numbered pages were inadvertently excluded from the Council books. 1. APPROVAL OF MINUTES - JULY 15, 1985, REGULAR MEETING AGENDA ORDER PROCLAMATION 1. "VOLUNTEER FIREFIGIfTER RECOGNITION DAY" - SEPTE~I~ER, 1985 Mayor Greinke read a proclamation designating September, 1985, as "Volunteer Firefighter Recognition Day" which was accepted by Chief Buck Henderson and Volunteer Matt Kiolbassa. Mr. Kiolbassa expressed his thanks. ~4 Ve ORDINANCES FOR IIKTRODUCTION None. VI. ORDINANCE FOR ADOPTION 1. SOUTH/CENTRAL REDEVELOPMENT PROJECT PLAN - ORDINANCE NO. 940 It was moved by Saltarelli, seconded by Hoesterey, that Ordinance No. 940 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 940 by the Deputy City Clerk, it was moved by Hoestere~, seconded ..by Edgar, that Ordinance No. 940 be passed and adopted as follows: ORDINANCE NO. 940 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE SOUTH/CENTRAL REDEVELOPMENT PROJ- ECT PLAN AMENDMENT NO. i Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Saltarelli None Kennedy CITY COUNCIL MINUTES Page 3, 8-5-85 60 VII. OLD BUSINESS None, VIII. NEW BUSINESS 1. REQUEST FOR TREE REMOVAL - 14132 CHARLONA DRIVE As recommended in the inter-com dated July 22, 1985, prepared by the Director of Public Works, it was moved by Saltarelli, seconded by Edgar, to deny the request for removal of two Tristania Con- ferta (Brisbane Box) trees at 14132 Charloma Drive. Carried 4-0, Kennedy absent. 86.1 2. REQUEST FOR TREE REMOVAL - 14751 DEVONSHIRE AVENUE It was moved by Saltarelli, seconded by Edgar, to deny the request for removal of two Canary Island Pine trees at 14751 Devonshire Avenue as recommended by the Director of Public Works in his inter-com dated July 22, 1985. Motion carried 4-0, Kennedy absent. 86.1 3. ACCELERATION OF CAPITAL IMPROVEMENT PROJECTS - NYFORD ROAD EXTEN- SION ll~ROUGH NCAS(H) Pursuant to the recommendation contained in the inter-com dated July 19, 1985, prepared by the Director of Public Works, it was moved by Saltarelli, seconded by Edgar, to authorize: 1) Acceleration of the engineering design and plan preparation; 2) Solicitation of proposals for engineering consulting services; 3) Preparation of a tri-party agreement between the City of Irvine, The Irvine Company and the City of Tustin; and 4) Supplemental budget appropriation in the amount of $83,400.00. The motion carried 4-0, Kennedy absent. 97 4. CITY-WIDE STREET SWEEPING PROGRJU~ Monda Buckley, Administrative Assistant, stated that staff had nothing additional than what was presented in the inter-com dated July 30, 1985, prepared by the Director of Public Works. Eileen Dow, 1391 Penrith Lane, President of Walnut Park Community Homeowners' Association, relayed pcoblems regarding parking restrictions for street sweeping, and requested that the hours be rescheduled from between 6:00 a.m. to Noon to between 8:00 a.m. to Noon. Councilman Saltarelli stated he was in favor of continuing the cur- rent practice on an as-requested basis, even with the associated problems, and if the restrictions are to be removed, the residents should return with a petition requesting same. During discussion, Councilmembers concurred. It was then moved by Saltarelli, seconded by Edgar, to adopt Option No. 1 Continuance of the current practice on an as requested basis, and establish the following policies: a) b) All restrictions should be placed on a block-by-block basis only for most residential developments, except where a develop- ment is located on a large parcel of land with one ownership such as an apartment complex or a Homeowner's Association; The resident(s) initiating said request should be required to submit a petition signed by a minimum of 51% of the total number of residents on any given block that are in favor of the requested on-street parking restrictions; CITY COUNCIL MINUTES Page 4, 8-5-85 c) Only one signature per dwelling unit should be utilized for attaining the 51% count; d) Staff would review the request and/or petition and implement the action if the 51% signature requirement was met. Other- wise, if the signature requirement was not met, staff would deny the request; e) Appeals by the requesting party could be made to the City Coun- cil; and f) Request for sign removals would require a petition signed by a minimum of 51% of the total number of residents. The motion carried 4-0, Kennedy absent. REQUEST FOR REMOVAL OF RESTRICTED PARKING DURING STREET SWEEPING - CALIFORNIA Sll~EET BETWEEN ~DALLION AVENUE & CORLA AVENUE Following consideration of the inter-com dated July 30, 1985, pre- pared by the Director of Public Works on subject item, Mayor Greinke requested that staff contact residents to inform them of the adopted policy on street sweeping and report back on the total number of residents in favor of the removal. Councilmembers responded to questions from Eileen Dow on subject matter. The motion by Saltarelli to authorize removal of signs prohibiting parking on California Street during street sweeping operations died for lack of a second. Councilman Edgar suggested that Council direct staff to once again poll the 21 residences to determine those in favor of or opposed to the restricted parking, not depending upon the prejudice of peti- tion passing. Don Jackett, 15722 California Street, spoke in favor of removal of subject restricted parking. It was then moved by Edgar, seconded by Hoesterey, to continue the matter to August 19 t'o allow staff to obtain data based on guide- lines contained in the Council-adopted City-Wide Street Sweeping Program. Mayor Pro Tem Saltarelli expressed opposition to the motion. The motion carried 3-1, Saltarelli opposed, Kennedy absent. REQUEST FOR RESTRI~ED PARKING DURING Sll~EET SWEEPING OPERATIONS - KENYON DRIVE WESTERLY OF NEWPORT AVENUE As recon~nended in the inter-com dated July 31, 1985, prepared by the Director of Public Works, it was moved by Edgar, seconded by Hoestere~, to authorize the installation of signing to restrict on-street parking during street sweeping hours 6:00 a.m. to noon on Thursday on both sides of Kenyon Drive westerly of Newport Avenue. Councilman Hoesterey noted that although 83% of the property owners are requesting restricted parking, the tenants are not represented, and Council will receive complaints from tenants on the restricted parking. Hart A. Fisher, 17022 Kenyon Drive, commented that the six-hour parking restriction period for street sweeping is too long, and expressed surprise that tenants should be polled on same, as opposed to property owners. The Administrative Assistant responded to Mayor Greinke that the six-hour parking restriction period allows flexibility for better service in case of equipment problems, etc. The motion carried 3-1, Saltarelli opposed, Kennedy absent. 75 IX. Xe XI. CITY COUNCIL MINUTES Page 5, 8-5-85 REPORTS 1. PLANNING COMMISSION ACTIONS - JULY 22, 1985 It was moved by Hoesterey, seconded by Edgar, to ratify the Plan- ning Co,~dssion Action Agenda of July 22, 1985. Carried 4-0, Kennedy absent. 80 2. STATUS - RESTRICTED PARKING ON DEVONSHIRE & ROANOKE AVENUES It was moved by Hoesterey, seconded by Edgar, to receive and file the inter-com dated July 19, 1985, prepared by the Director of Public Works on subject item. Motion carried 4-0, Kennedy absent. 75 3. INVESTMENT SCHEDULE AS OF JULY 31, 1985 Following consideration of the inter-com dated July 31, 1985, pre- pared by the Finance Director, it was moved by Hoestery, seconded by Edgar, to receive and file subject report. Carried 4-0, Kennedy absent. 50 4. INCREASE TO SOLID WASTE COLLECTION FEES As recommended in the inter-com dated July 31, 1985, prepared by the Finance Director, it was moved .by Hoesterey~ seconded by Edgar, to receive and file same. The motion carried 4-0, Kennedy absent. 102 5. STATUS OF CLAIMS FILED AGAINST THE CITY It was moved by Hoesterey, seconded by Edgar, to receive and file the inter-com dated July 31, 1985, prepared by the Finance Director on subject item. Carried 4-0, Kennedy absent. 40 OTHER BUSINESS 1. VEHICULAR SPEEDING ON RESIDENTIAL STREETS Police Chief Thayer responded to Councilman Edgar's concerns regarding excessive speeding on residential streets, specifically on Loretta Drive. WEED ABATEMENT ON NEWPORT AVENUE, BETWEEN MAIN STREET & EL CAMINO REAL Mayor Greinke requested abatement of weeds on vacant property along Newport Avenue, between Main Street and E1Camino Real. 3. ACKNOWLEDGEMENTS BY MAYOR Mayor Greinke ackowledged representatives in the audience from the Tustin Chamber of Commerce, Southern California Edison, and recog- nized newly-appointed Planning Commissioner A1 Baker. ADJOURNMENT At 7:47 p.m. it was moved by Hoesterey, seconded by Edgar, to recess to the Redevelopment Agency, and thence adjourn to the next regular meet- ing on August 19, 1985. Motion carried 5-0. MAYOR CITY CLERK