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Home My WebLink AboutMINUTES 10-15-84MINUTES OF A REGULAR ~ETING OF ll4E CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA OCTOBER 15, 1984 II. III. IV. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Kennedy at 7:00 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 Councilman Saltarelli. ROLL CALL Councilpersons Present: Councilpersons Absent: Others Present: Ursula E. Kennedy, Mayor Frank H. Greinke, Mayor Pro Tem Richard B. Edgar Ronald B. Hoesterey Donald J. Saltarelli None James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Donald D. Lamm, Com. Development Director Robert S. Ledendecker, Dir. of Public Works Monda Buckley~ Administrative Assistant Captain N. E. Williams, Police Department Royleen A. White, Dir. of Com. & Admin. Srvcs. Jeff Kolin, Recreation Superintendent Approximately 108 in the audience PUBLIC INPtFF 1. JAMBOREE ROAD Steve Markl, 14902 Bridgeport, representing the Tustin Meadows Board of Directors and residents, urged the Council to maintain Jamboree Road in the Master Plan of Streets & Highways for Tustin and to begin planned construction as soon as possible in order to reduce traffic congestion on Red Hill and Walnut and its impact on Tustin Meadows. 95 2. WATER BILLING COMPLAIhrF John Domanic, 12321 Red Hill Avenue, Santa Ana, complained about the Finance Director's remarks in an article in The Tustin News regarding his appearance at the October 1, 1984, Council meeting pertaining to his water account, and the letter from the City Manager on his investigation of the matter. Mayor Kennedy responded that Council is still investigating the matter in the hopes of resolving the issue and making Mr. Domanic a satisfied water customer. 107 3. CALIFORNIA S~TREET RESTRICTED PARKING Tony Dattoria, Jr., 15741 California Street, requested that Council reconsider its decision from the October 1 meeting that no parking restrictions be implemented on California Street at this time. It was moved bs Greinke, seconded by Kenneds, to consider the matter in conjunction with New Business Item 2 on the evening's agenda (see Page 7). Carried 5-0. 75 CONTINUED PUBLIC HEARING 1. ORANGE COU~Y SOLID WASTE I~UkNAGEMENT PLAN - RESOLUTION NO. 84-81 The Administrative Assistant presented the staff report and recom- mendation and responded to Council questions. Page 2, ].0-15-84 The public hearing was opened by Mayor Kennedy at 7:18 p.m. There were no speakers on the matter, and the public hearing was closed. It was moved b$ Greinke, seconded by Hoesterey, to adopt the following: RESOLUTION NO. 84-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING THE ORANGE COUNTY SOLID WASTE MANAGEMENT PLAN Motion carried 5-0. 102 Ve PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT 84-4A - RESOLUTION NO. 84-82 The staff report and recommendation were presented by the Community Development Director as contained in the inter-com dated October 15, 1984, prepared by the ~ommunity Development Depart- ment. A brief question-and-answer period followed~ Mayor Kennedy opened the public hearing at 7:22 p.m. The following person spoke on the matter: Raymond Drummond, 12961 Keith Place, requested that the developer install a block wall on Irv~ne Boulevard to preserve the privacy of area residents. The Community Development Director responded that this concern is more properly addressed by the use permit process, and he encour- aged Mr. Drummond to attend the Planning Commission meeting at which same will be addressed. There being no other speakers on the matter, the public hearing was closed at 7:23 p.m. It was then moved b? Edgar, seconded by Greinke, to accept the Planning Commission recommendation and adopt General Plan Amendment 84-4a by adoption of the following: RESOLUTION NO. 84-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE LAND USE ELEMENT OF THE TUSTIN AREA GENERAL PLAN FOR THE NORTHWESTERN PORTION Of 1372 IRVINE BLVD., AS SHOWN IN EXHIBIT "A" The motion carried 5-0. 56 2. GENERAL PtJ~N AMENDMENT 84-4B - RESOLUTION NO. 84-80 The Community Development Director presented the staff report and recommendation as contained in the inter-com dated October 15, 1984, prepared by the Community Development Department. The public hearing was opened by Mayor Kennedy at 7:25 p.m. There being no speakers on the matter, the public hearing was closed. It was moved b? Hoestere?, seconded by Edgar, to accept the recom- mendation of the Planning Commission and adopt General Plan Amend- ment 84-4b by adoption of the following: RESOLUTION NO. 84-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN FOR CERTAIN PROPERTIES AS SHOWN IN EXHIBITS A THROUGH F Carried 5-0. 56 GENERAL PLAN AMENDMENT 84-4C - RESOLUTION NO. 84-84 - OPEN SPACE & CONSERVATION ELEMENT The staff report and recommendation were presented by the Community Development Director as contained in the inter-com dated October 15, 1984, prepared by the Community Development Department. CITY COUNCIL MINUTES Page 3, 10-15-84 The public hearing was opened by Mayor Kennedy at 7:29 p.m. Michael LeBlanc, Irvine Company representative, 550 Newport Center Drive, Newport Beach, requested Council support of the Proposed Conservation Open Space Element with the three revisions contained in his ietter dated October 10, 1984. There were no other speakers on 'the matter, and the public hearing was closed. Council discussion followed with emphasis on preservation of ridge- lines, and the Community Development Director responded to Council questions. It was then moved by Edgar, seconded by Greinke, to 1) Adopt the following resolution; and RESOLUTION NO. 84-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE REVISED CONSERVATION AND OPEN SPACE ELEMENT OF THE TUSTIN AREA GENERAL PLAN 2) Adopt General Plan Amendment 84-4c with the following revi- sions: Goal A, Policy No. 4 (Page 13) "Identify the important visual amenities such as ridgelines for possible preservation as part of the East Tustin Specific Plan." Goal O, Policy No. 3 (Page 16) "Identify, designate, and pre- serve significant or unique topographic features such as ridge- lines." Goal D, Policy No. 5 (Page 16) "Provide the opportunity to con- tinue use of land for agricultural crops as an interim use prior to development." Councilman Saltarelli was not in favor of Policy I on Page 13 which proposed locating neighborhood parks in conjunction with school facilities and requested that the wording "encourage where deemed feasible" be added to Policy 1. The motion was amended with acceptance by the maker and second to add a revision to Goal A, Policy No. I (Page 13), "Encourage maxi- mizing and optimizing open space for recreational purposes by locating neighborhood parks in conjunction with school facilities where deemed feasible." The amended motion carried 5-0. 56 4. GENERAL PLAN AMENDMENT 84-4D - RECREATION ELEMENT The Community Development Director and Director of Community and Administrative Services presented the staff report and recommenda- tion, and responded to Council questions. The public hearing was opened at 8:02 p.m. by Mayor Kennedy. There were no speakers on the matter. It was then moved by Greinke, seconded by Edgar, to continue the open public hearing for further Council review. 'Carried 5-0. 56 PROPOSITION 4 - APPROPRIATIONS LIMIT FOR FY 1984-85 - RESOLUTION NO. 84-73 The staff report and recommendation were presented by the City Manager as contained in the inter-com dated September 12, 1984, prepared by the Finance Director, and he responded to Council ques- tions. Page 4, 10-15-84 Mayor Kennedy opened the public hearing at 8:04 p.m. There were no speakers on the matter, and the public hearing was closed. It was moved by Hoesterey, .seconded by Edgar, to adopt the follow- ing resolution: RESOLUTION NO. 84-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, DETERMINING .AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1984-85, IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE The motion carried 5-0. 50 APPEAL OF USE PERMIT 84-16 - TUSTIN COMMUNITY HOSPITAL, 14662 NEWPORT AVENUE The staff report was presented by the Community Development Direc- tor, noting staff concerns on the project relative to inadequate parking and architecture, including actual height of the building. The Community Development Director. responded to Council questions and narrated slides of the project site for viewing by Council. The public hearing was opened by Mayor Kennedy at 8:10 p.m. Georgia Kotzen, 13931 Esplanade, Hospital Auxiliary President, spoke in favor of Use Permit 84-16. Brent Jorgeson, Vice President of Operations, Health Care Inter- national (new T.C.H. owners), provided background information on Health Care International, outlined planned improvements to the hospital, spoke in favor of Use Permit 84-16, and responded to Council questions. Larry Stanfield; from Gresham, Smith & Partners, project archi- tects/engineers, addressed the parking plan and responded to Council questions on same. Council discussion followed, with further input by Mr. Jorgeson. Rosalie Warner, 14691 Kimberly Circle, and Mark Ainslie, 13641 Malena Drive, spoke in favor of Use Permit 84-16. There were no other speakers on the matter, and the public hearing was closed at 8:49 p.m. Following Council discussion, it was moved by Saltarelli, seconded by Hoesterey, to approve Use Permit 84-16 subject to the following conditions: 1. That the final parking plan be subject to review by City Counci 1; 2. That the hospital agree to maintain the acute care facilities and not inordinately increase the specialized rehabilitation programs without City approval; and 3. That the agreement to build a parking structure be valid for a 3-4 year period. Councilman Edgar expressed apprehension in not in~nediately address- ing staff concerns regarding inadequate parking. Councilman Salta- relli stated he is comfortable with it on the basis that the build- ing has an 80-81% efficiency factor, whereas a typical office building has 90-94% efficiency. Mayor Kennedy concurred with Councilman Edgar's concerns relative to inadequate parking. Mr. Jorgeson responded to Councilman Hoesterey a willingness to accept the 3-4 year period after occupancy for determination on parking requirements. The substitute motion by Edgar to embody the original motion with the exception that 500 parking spaces be provided immediately in any way practical at minimal cost without a parking structure, i.e., more compact spaces, restriping, and perhaps demolition of some hospital facilities in the rear, died for lack of a second. CITY COUNCIL MINUTES Page 5, 10-15-84 Mayor Kennedy acknowledged the fine community services the hospital has provided in the past, but stated she could not support the project on the basis that it exceeds a 40 foot height maximum and has inadequate parking. The Original motion carried 4-1, Kennedy opposed. 81 Councilman Edgar requested the applicant provide him with a parking plan analysis to relieve his uneasiness on 'the matter. APPEAL OF USE PERMIT 84-18 - EL CJ~MINO -PLAZA, S/W CORNER OF SIXTl~ STREET & EL CAMINO REAL The staff report and recommendation were presented by the Community Development D.irector. A question-and-answer period followed. The public hearing was opened by Mayor Kennedy at 9:09 p.m. There were no speaker} on the matter, and the public hearing was closed. It was moved by Saltarelli, seconded by Greinke, to approve Use Permit 84-18 as revised for the 8,000 sq. ft. one-story retail project as submitted by Mr. Peter Zappas subject to staff review of the final proposal without further Planning Commission review. VI. The Community Development Director clarified that a revised plan was submitted by Mr. Zappas earlier in the day, eliminating the two-story 11,000 sq. ft. structure, and proposing a si?gle-story 8,000 sq. ft. retail structure of the same architecture. He calcu- lated that the different plans result in the loss of one parking space with which staff is comfortable. The motion carried 5-0. CONSENT CALENDAR Item 7 was removed from Consent Calendar by Saltarelli, and Item 8 by Kennedy. It was moved by Hoestere~, seconded by .Edga.[, to approve the remainder of the Consent Calendar. Carried 5-0. 1. APPROVAL OF MINUTES - OCTOBER 1, 1984, REGULAR MEETING OCTOBER 4, 1984, SPECIAL MEETING 2. RATIFICATION OF PAYROLL IN THE AMOUNT OF $113,653.46 APPROVAL OF DE~NDS IN THE AMOUNT OF $459,020.42 50 REJECTION OF CLAIM OF THOM, AS MOORE; DATE OF LOSS: 6/19/84; DATE FILED WITH CITY: 9/10/84; CLAIM NO. 84-21 Rejected subject claim as recommended by the City Attorney. 40 0 PROPOSED SALE OF WATER SERVICE FACILITI.ES TO CITY OF SANTA ANA Authorized the sale of 91 water services to the City of Santa Ana in the amount of $56,645.66 subject to all procedures, as outlined by the City Attorney's office, and as recommended by the Director of Public Works/City Engineer. 107 PACIFIC BELL UTILITY F_A.SEMENTS Authorized the Mayor to execute the subject grant deeds deline- ating easements within Lot E, Tract No. 6580, and across the easterly six feet of the parking lot located at 14742 Devon- shire Avenue as recommended by the Director of Public Works/ City Engineer. 46 UNITED STATES CONFERENCE OF MAYORS - DEFERRED COMPENSATION PROGRAJ~, CITY ADMINISTRATIVE AGREEMENT Authorized the Mayor and the City Clerk to execute the subject agreement as recommended by the City Clerk. 45 84-41 Page 6, 10-15-84 9. RESOLUTION NO. 84-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING PARCEL MAP NO. 84-1029 (Tustin Community Hospital) Adopted Resolution No. 84-79 as recommended by the Community Development Department. 99 10. RESOLUTION NO. 84-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT NO. 12273 (15582 South "B" Street) Adopted Resolution No. 84-83 as recommended by the Community Development Department. 99 Consent Calendar Item No. 8 - Permis§ion to Increase Rent - Mayor Kennedy stated subject item was removed for comment in appreciation of staff's diligence in protecting an apartment condominium conversion tenant. It.was then moved by Kennedy, seconded by Greinke, to approve the following: 8. PERMISSION TO LEVY RENT INCREASE (1971Ren Circle) Approved the rent increase as requested by Mr. Jeffers as recommended by the Community Development Department. Motion carried 5-0. VII. VIII. ConSent Calendar Item No. 7 - Industrial Development Bond Financing for Senior Citizen Housing Project - The City Manager responded to Council questions. Manny Aftergut., project proponent, thanked the City Council and staff for its past cooperation and support. It was then moved by Edgar,.seconded by Kennedy., to approve the follow- ing: 7. EXECUTION OF COOPERATION AGREEMENT/INDUSTRIAL DEVELOPMENT BOND FINANCING Authorized the Mayor to execute the subject agreement on the condition that if the project does not use funds from the 1984 allocation, the Council must again review the project prior to the use of any funds from the 1985 allotment as recommended by the Community Development Department. Carried 5-0. 45 84-42 ORDIIt~NCE FOR INTRODUCTION 1. AMEND~NT TO SUBDIVISION Ot~DINANCE (PARK LAND DEDICATION)- ORDI- NANCE NO. 921 Mayor Kennedy noted that at staff's request, consideration of the following ordinance has been postponed: ORDIMANCE NO. 921 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 7, SECTION 9370, CHAPTER 3, ARTI- CLE 9 OF THE TUSTIN MUNICIPAL CODE, ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR PARK AND RECREA- TIONAL LAND IN SUBDIVISIONS There was no Council action on the matter. 81 ORDINANCE FOR ADOPTION 1. 1982 UNIFORM FIRE CODE WITH AMENDMENTS - ORDINANCE NO. 919 Following Council discussion, it was moved by Saltarelli, seconded by Greinke, to continue up to 30 days consideration of the follow- ing ordinance for City staff to work with Orange County Fire Department representatives in clarifying language in Sections 10.316 and 81.106(d): CITY COUNCIL MINUTES Page 7, 10-15-84 IX. Xe XI. ORDINANCE NO. 919 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE 1982 UNIFORM FIRE CODE, WITH CERTAIN AMENDMENTS Motion carried 5-0. 51 OLD BUSINESS None. NEW BUSINESS 1. REQUEST FOR SMOKE DETECTORS FROM NATIONAL COUNCIL ON FIRE PREVEN- TION TAC-1 (lldSTIN AREA COUNCIL) Following consideration of the letter dated September 24, 1984, from the Tustin Area Council-1 addressed to the' City Manager on subject item, it was moved by Kennedy, seconded by Edgar, to appro- priate General Fund monies for the purchase of 100 smoke detectors to be installed in mobile home parks by Tustin Fire Explorers at no charge, on the condition that it be limited to City residents only. Helen Edgar, 13622 Loretta Drive, spoke in favor of the program. Mayor Pro Tem Greinke was opposed to being selective in a specific City area. The City Manager suggested that Council could allocate - Fiscal-Year 1985-86 revenue sharing funds to expand the program to other areas. The motion carried 4-1, Greinke opposed on the grounds that the project is too specialized. 51 2. REQUEST FOR RESTRICTED PARKING DURING STREET SWEEPING HOURS Council discussion turned to reconsideration of action t~ken at the October 1, 1984, meeting pertaining to parking restrictions on California Street. It was moved by Kennedy, seconded by Greinke, to overrule its October 1 decision and to authorize the installation of signing to restrict on-street parking during street sweeping hours 6:00 a.m. to noon on Tuesday on both sides of California Street between Medallion Avenue and Corla Avenue. After Council discussion, the motion carried 4-1, Saltarelli opposed. 75 Following consideration of the inter-com dated October 9, 1984, prepared by the Director of Public Works, it was moved ~y ~dgar, seconded by Greinke, to authorize the installation of signing to restrict on-street parking during street sweeping hours 6:00 a.m. to noon on Friday on Mountain View Drive between First Street and Irvine Boulevard, on "B" Street between First Street and Irvine Boulevard, and on Andrews Street between Utt Drive and Lambert School. The motion carried 5-0. 75 REPORTS 1. PLANNING CON~4ISSION ACTIONS - OCTOBER 8, 1984 It was moved by Hoesterey, seconded by Edgar, to ratify the October 8, 1984, Planning Commission Action Agenda. Carried 5-0. 80 2. COLUMBUS-TUSTIN WELL PROJECT STATUS REPORT Following a question-and,answer period in which the Director of Public Works responded to Councilman Edgar's concerns, it was moved by Hoesterey, seconded by Kennedy, to receive and file the inter- com dated October 9, 1984, prepared by the Director of Public Works on subject item. Carried 5-0. 107 Page 8, 10-15-84 REPAIR OF ASPHALTIC CONCRETE PAVEMENT It was moved by Hoesterey, seconded by Kennedy, to receive and file the inter-com dated October 9, 1984, preparer by the Director of Public Works on su.bject item. Motion carried 5-0. 95 XII. O1}tER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested° a Closed Session for discussion of personnel matters. 2. 1984 TUSTIN TILLER DAYS PARADE & STREET FAIRE The City Council joined Councilman Hoesterey in thanking and com- mending City staff, Tiller Days Committee members, Tustin Jaycees, Tustin Police Department, United States Marine Corps members, and everyone involved in coordinating Tustin Tiller Days activities, with appropriate letters to be forwarded to those involved. 34 3. BIRTHDAY WISHES FOR PROMINENT RESIDENT Councilman Saltarelli extended "Happy Birthday" wishes to Margaret Byrd, a prominent Tustin resident, present in the audience. 4. PROHIBITING SALE OF FIRE EQUIPMENT BY GOVERNMENT AGENCY EMPLOYEES Councilman Saltarelli reiterated his request that staff review the possibility of prohibiting governmental agency fire service employ- ees from selling fire equipment for private enterprise, investigate if other cities have an existing ordinance on same, and report back to Council. 51 XIII. RECESS - REDEVELOPMENT AGENCY; ADJOURNMENT At 9:42 p.m. it was moved by Greinke, seconded by Hoestere~, to recess to the Redevelopment Agency, thence to a Closed Session for personnel matters; and thence adjourn to an Adjourned Regular Meeting on October 29, 1984, at 7:00 p.m. which will include discussion of long- range planning, and thence to the next regular meeting on November 5, 1984, at 7:00 p.m. Carried 5-0. CLERK MINUllES OF A REGULA.R ~ETING OF THE REDEVELOPMENT AGENCY OF THE CIl~ OF TUSTIN, CALIFORNIA OCTOBER 15, 1984 CAJ_L 113 ORDER The meeting was called to order by Chairperson Kennedy at 9:42 p.m. in the City Council Chambers, 300 Centennial WaY, Tustin, California. ROLL CALL Agency Members Present: Agency.Members Absent: Others Present: Ursula E. Kennedy, Chairperson Frank H..Greinke, Chairperson Pro Tem Richard B. Edgar Ronald B. Hoesterey Oonald J. Saltarelli None James G. Rourke, City Attorney William A. Huston, Exec. Director/City Manager Mary E. Wynn, Recording Secretary/City Clerk Donald D. Lamm, Com. Development Director Robert S. Ledendecker, Dir. of Public Works Monda Bucktey, Administrative Assistant Captain N. E. ~illia~s, Police Department Royleen A. White, Dir. of Com. & Admin. Srvcs. Jeff Kolin, Recreation Superintendent Approximately 15 in the audience 3. APPROVAL OF MINUTES It was moved by Hoesterey, seconded by Edgar, to approve .the minutes of the October 1, 1984, meeting. The motion carried 5-0. 4. APPROVAL OF D~I~ANDS It was moved by Hoesterey, seconded by Edgar, to approve demands in the amount of $42,138.00 for the month of September, 1984, as recommended by the Finance Director. Carried 5-0. 81 DESIGN REVIEW - USE PERMIT 84-18, EL CAMINO PLAZA - RESOLUTION NO. RDA 84-12 It was moved by Hoesterey, seconded by Edgar, to adopt the following reso- lution as revised by the City Council (see October 15, 1984, City Council Minutes, Page 5): RESOLUTION NO. RDA 84-12 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DESIGN OF 8,000 SQUARE FEET OF RETAIL SPACE AT EL CAMINO PLAZA LOCATED AT 6TH AND EL CAMINO REAL Motion carried 5-0. 81 6. OTHER BUSINESS None. 7. ADJOURNMENT At 9:43 p.m., it was moved by Edgar, seconded by Greinke, to adjourn the Agency meeting to the next regular meeting on November 5, 1984. Carried 5-0. "SECRET~