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HomeMy WebLinkAboutMINUTES 10-01-84MINUTES OF A REGULA~R )~EE'TING OF THE CITY COUN(~IL OF THE CITY OF TUSTIN, CALIFORNIA OCTOBER 1, 1984 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 Edgar, and the Invocation was given by Mayor Pro Tern Greinke. ROLL CALL Councilpersons Present: Council persons Absent: Others Present: Ursula E. Kennedy, Mayor Frank H. Greinke, Mayor Pro Tem Richard B. Edgar Ronald B. Hoesterey Donald J. Saltarelti 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 Captain N. E. Williams, Police Department Royleen A. White, Dir. of Com. & Admin. Srvcs. Dr. R. Kenneth Fleagle, Planning Consultant Approximately 30 in the audience SPECIAL ~ESE~ATIONS 1o 8TH CONSECUTIVE PEDESTRISU~ SAFL:-~Y CITATION-BY AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA Gene Shaw, District Manager of the: Santa Aha Office, 'presented Mayor Kennedy with the eighth consecutive Pedestrian Safety Cita- tion for 1983, and congratulated Tustin on its outstanding achi.eve- sent. B4 Z. PROCLAI~J~TION - "FIRE PREVENTION WEEK,' OCTOBER 7-13, 1984 Mayor Kennedy read a~ presented a proclamation designating October 7-13, 1984, as ire Prevention Week" to Fire Marshall Mike Cate. 84 PUBLIC INPUT SENIOR BED & CARE FACILI'FY IN R-1 ZONE Gordon R. Lawrence, 17421 Laurie Lane, expressed opposition to, and concern regarding, an eight-bed senior care facility in an R-1 zone at 17441 Laurie Lane which is being processed by applicant Myron Hartwake, Santiago Realtors, and will require structural modifica- tions to the existing residence. Mr. Lawrence suggested an alter- native such as using vacant school facilities for this particular purpose, and he solicited Council's advice/support-in the matter. Mayor Kennedy informed Mr. Lawrence of State statutes which tend to preempt local government control of such facilities, which was reiterated by the City Attorney. After Council discussion, it was moved by Greinke seconded by Edgar, to direct staff to address a letter to State legislators and Orange County League of Cities expressing concern over the trend away from local control of such facilities, their impact on resi- dential areas, and to seek law changes in Sacramento to specifi- cally limit such facilities to day care for children, or seniors if already enacted, but to insure that it does not go beyond that. Carried 5-0. 81 CITY COUNCIL MINUTES~ Page 2, 10-1-84 Ye VI. 2. WATER BILLING COMPLAINT John Domanic, 12321 Red Hill Avenue; Santa Ana, complained to Coun- cil that his water was shut off and the manner in which it was han- dled by the Finance Director. Mayor Kennedy apologized for any unpleasantness Mr. Domanic may have experienced. She stated Council was gathering the facts and would let Mr. Domanic know the outcome of its 'investigation on the matter. 107 PUBLIC HEARING 1. ORANGE COUNTY SOLID WASTE MANAP4rMENT PLAN The public hearing on subject item was opened by Mayor Kennedy at 7:22 p.m. There were no speakers on the matter. As recommended in the inter-com dated September 25, 1984, prepared by the Engineering Division, it was moved by Greinke, seconded by Ed__~g_~_.ar, to continue the open public hearing to the October 15, 1984, meeting. Carried 5-0. 102 CONSENT CALENDAR Item 7 was deleted from the Consent Calendar by staff, and Item 6 was removed for discussion at the request'of a member of the audience. An abstention on Item 1 was registered by Greinke. It was then moved by Edgar, seconded by Hoesteres, to approve the remainder of the Consent Calendar. Carried 5-0. APPROVAL OF MINUTES - SEPTEMBER .17, 1984, REGULAR MEETING (Greinke abstained) RATIFICATION OF PAYROLL IN THE AMOUNrF OF $110,210.82 ~PROVAL OF DEtJ. ANDS IN THE AMOUNT OF $870,775.06 ACCE~A&K:E OF PUBLIC IMPROVEMENTS - TP~ACT NO. 11586 (East Side of Holt Avenue, South of Warren Avenue) Accepted the public improvements within Tract No. 11586 and authorized the release of the following bonds: Faithful Per- formance - K01530227 in the amount of $17,500.00, Labor and Materials - K01530227 in the amount of $8,750.00 and Monumenta- tion - K01524793 in the amount of $1,250.00 as recommended by the Director of Public Works/City Engineer. 99 e RESOLUTION NO. 84-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, TO ENDORSE PROPOSITION 30, THE SENIOR CENTER BOND ACT OF 1984 Adopted Resolution No. 84-78 as recommended by the Director of Community and Administrative Services. REQUEST FOR RES~FRICTED PARKING DURING STREE-F SWEEPING OPERATIONS (Utt Drive) Authorized the installation of signing to restrict on-street parking during street sweeping hours 6:00 a.m. to noon on Friday on both sides of Utt Drive between Lance Drive and Bryan Avenue. 75 INI-FIATION OF AJ( AGREEMENT TO PREPARE A FOCUSED ENVIRONMENTAL IMPACT REPORT (The Irvine Company) Authorized the Mayor and City Clerk to execute the subject agreements with the Irvine Company and Michael Brandman & Asso- ciates, Inc., as recommended by the Community Development Department. 45 PROPOSAL FOR PROFESSIONAL CONSULTING SERVICES/SITE EVALUATION FOR T~IN SENIOR CENTER Approved Recreation Systems' proposal to complete subject site evaluation at standard hourly rates, not to exceed $1,000, as recommended by the Director of Community and Administrative Services. 45; 84-40 CITY COUNCIL MINUTES Page 3, 10-l-84 Consent Calendar Item No. 6 - Restricted Parking on Pacific and California Streets - Mr. Donald Bierce, Jr., 15642 California Street, spoke in opposition to the following: 6. REQUEST FOR RESTRICTED PARKING DURING STREE-~ SWEEPING OPERATIONS (Pacific Street and California Street betweenMedallion Avenue and Corla Avenue) Authorize the installation of signing to restrict on-street parking duhing street sweeping hours 6:00 a.m. to noon on Tuesday on both sides of Pacific Street and California Street between Medallion Avenue and Corla Avenue as recommended by the Director of Public Works/City Engineer. Council/staff discussion followed. It was moved.by Edgar, seconded by Saltarelli, to authorize no parking during street sweeping hours 6:00 a.m. to noon on Tuesdays On both sides of Pacific Street between Medal- lion Avenue and Corla Avenue (excluding California Street). After further discussion, a substitute motion was made by Hoesterey, seconded b~ Saltarelli, that no parking restrictions be in~l~lemented at this time and that a new survey be conducted in six months. Motion carried ~-1, Greinke opposed. ~ Consent Calendar Item No. 7 - Permission for Rent IncreaSe - Mayor Kennedy noted deletion or the following item from the Council Agenda with no Council action on the' matter: ® PERMISSION TO LEVY RENT INCREASE (1971Ren Circle) Authorize Mr. Jeffers to increase the rent for 1971-A Ren Circle to an amount he deems appropriate as recommended by the Community Development Department. 81 VII. OROIN~J4CES FOR INTRODUCTION VIII. ADOPTION OF 1982 UNIFOR)I FIRE CODE WITH AMENDMENTS - ORDII~ANCE NO.. 919 The staff report and recommendation was presented by the Community Development Director as contained in his inter-com dated October 1, 1984. Orange County Fire Marshal Mike Cate responded to Council questions. In accordance with Mayor Pro Tem Greinke's concern, Mayor Kennedy suggested that the Fire Department provide information regarding handling of hazardous materials for publication in '~ustin Today" for the benefit of Tustin residents. It was then moved by Hoesterey, seconded b~ Edgar, that Ordinance No. 919 have first reading by title only. Councilman Saltarelli expressed concern regarding responsibility placed on tenants and owners for smoke detector maintenance, to which Fire Marshal Cate responded that the Apartment Owners Asso- ciation was concerned that apartment occupants were not maintaining or were vandalizing smoke detectors, and they felt some burden should be placed on the occupant to notify the owner of any prob- lem. Further discussion followed. The motion for first reading of Ordinance No. 919 carried 5-0. Following first reading by title only of Ordinance No. 919 by the City Clerk, it was moved by Edgar, seconded by Greinke, that Ordi- nance No. 919 be introduced as follows: ORDII~NCE 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 ORDII~I~NCES FOR AJ)OPTION None. CITY COUNCIL MINUTES Page 4, 10-1-84 IX. OLD BUSINESS 1. PROPOSED MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM (M.T. & B.F.P.) The staff report and recommendation were presented by the Director of Public Works as contained in his inter-com dated September 20, 1984. Council discussion followed, and concerns were expressed regarding financing the construction of the Eastern and Foothill Transportation Corridors, inequities of placing the financial burden on new construction and undeveloped ameas, proposed devel- oper fees, and the possibility of refusal to participate by any of the seven Orange County cities. It was moved by Greinke, seconded by Edgar, to adopt the following generalized policy statements (as adopted by the Orange County Board of Supervisors and the Orange County Transportation Commis- sion), subject to implementation of the four areas of concern listed below: Based on existing and future traffic volumes and emerging development patterns, the OCTC and the Board acknowledges the need for the Eastern and Foothill Transportation Corridors; 2. COnsidering financial constraints facing road builders today, the OCTC and the Board recognizes that transportation develop- merit fees paid by land developers are a necessary and appro- priate part of a financing'mix for construction of the Eastern and Foothill Corridors; and '3. The Eastern and Foothill Transportation Corridors are regional in nature and must be planned, financed, and constructed' as a cooperative effort by cities, the County of Orange, State and Federal governments, and other responsible representatives of the private-sector. Both OCTC and the Board agree to play an active part in this regional transportation effort. Areas of concern: 1. Local agency a6ility for decision making on all fee program matters. 2. Development of a construction phasing program. 3. Development of a 100% revenue source. 4. Development of a modified AHFP program for participating agen- cies. 5. All Orange County cities should share in the construction cost to varying degrees, dependent upon benefit ratios. 6. Local jurisdictions should have the right to exempt reconstruc- tion, modifications or additions to existing buildings from the fee structure if they so desire. The Director of Public Works stated he would request a County representative to attend the October 29 Council workshop meeting at 7:00 p.m. for a 30-45 minute presentation on the proposed fee structure. The motion carried 5-0. 101 2. COOPERATIVE PROJECT WITH COUNTY OF ORANGE FOR THE WIDENING DF THE INTERSECTION OF BRYAN AVENUE & MYFORD ROAD As recommended in the inter-com dated September 25, 1984, prepared by the Engineering Division, it was moved by Edgar, seconded by Hoestere~, to appropriate an additional $9,500.00 for subject intersection widening project. Carried 5-0. 95 NEW BUSINESS 1. COLIMBUS TUSTIN PARK IMPROVEMENTS The Director of Community and Administrative Services presented the staff report as contained in her inter-com dated September 28, 1984. CITY COUNCIL MINUTES Page 5, 10-1-84 XI. The following persons spoke in favor of improvements to the area: Bob Davis, 17981 Lucero Way George Bahks, 17g02 Lucero Way Ned Israelson, 17831Lucero Way Council discussion followed. Mayor Kennedy concurred with Council- man Edgar's suggestion to use 1982 Park Bond funding for improve- ments to the site. Councilman Hoesterey noted that site clean-up should be in~nediately remedied by the Director of Public Works speaking to the con- tractor. Regarding improvements to the site, he suggested explor- ing other funding options, i.e., perhaps combining funds that would not severely i~act any other project, staff describing what the different mechanisms of funding are, and developing the entire area as a joint venture with the Tustin Unified School District. He added that the flood control channel gate should be brought imme- diately to the County's attention. Councilman Edgar noted that jointly-funded projects normally take years to complete and that the 1982 State Bond money will be lost if not used within a specified time period. It was moved by Edgar, seconded by Kennedy, to commit to improve- ment of the northern parcel only, between Beneta Way and the Flood Control channel, at an approximate cost of $125,000, to proceed with formal plans, and to search for optimum funding sources that can be decided upon at a future time. In response to Councilman Greinke, the Director of Community and Administrative Services and the Director of Public Works provided a breakdown of what the $125,000 estimate covers. Council/staff discussion followed. The motion was amended by Edgar, seconded by Kennedy, to direct staff to retain a consultant fOr design of the project, including the area around the well. site, but not necessarily tying the two areas together, and then make a decision on how to appropriate the cost. After further discussion, the amended motion carried 5-0. 41 Councilman Saltarelli brought up the related parking problem at Columbus Tustin. Area residents were informed that the Director of Community and Administrative Services will act as contact person on the matter, and a progress report to Council will be on the November 19 agenda. At Councilman Edgar's request, the Director of Public Works pro- vided a status report on the Columbus Tustin Water Well Project. REPORTS 1. PLANNING CO)~4ISSION ACTIONS - SEPTEMBER 24, 1984 It was moved by Hoesterey, seconded by Greinke, to appeal Use Permit No. 84-16 (Tustin Community Hospital). Carried 5-0. 81 It was moved by Saltarelli, seconded by Hoestere¥, to appeal Use Permit No. 84-18 (El Camino Plaza Shopping Center). Motion carried 5-0. 8f It was then moved by Saltarelli, seconded by Edgar, to ratify the remainder of the September 24, 1984, Planning Commission Action Agenda. Carried 5-0. 80 2. PLANNING COI~4ISSION TERMS OF OFFICE Council discussion followed regarding the pros and cons of four- year terms of office versus two-year terms of office. CITY COUNCIL MINUTES Page 6, 10-1-84 tt was then moved by Hoesterey, seconded by Kennedy, to maintain the present two-year terms of office with two members initially subject to reappointment in spring, 1986, and the remaining three members subject to reappointment in spring, 1987. After further discussion, the motion'carried 3-2, Edgar and Greinke opposed. 80 3. FIXED DATES TO A~tEND THE TUSTIN AREA GENERAL PLAN The Community Development Director responded to Mayor Kennedy's questions on the matter. It was then moved by Greinke, seconded by Edgar, to receive and file the inter-com dated October 1, 1984, prepared by the Community Development Department on subject item. Carried 5-0. 56 4. G~NEI)~AL PLAN ELEMENT A~MENOMENTS It was moved by Greinke, seconded by Edgar, that the inter-com dated - October 1, 1984, prepared by - the Community Development Department on subject matter be received and filed. Motion carried 5-0. 56 STATUS REPORT CONCERNING CDBG HOME IMPROVEMENT LOAN PROGRAM As recommended in the inter-com dated September 26, 1984, prepared by the Community Development Department, it was moved by Greinke, seconded by Edgar, to receive and file subject report. Carried 5-0. --B1- XII. OTHER BUSINESS REQUEST FOR CLOSED SESSION The City Manage~ requested a Closed Session for discussion personnel matters. CITY EMPLOYEES' ANNUAL PICNIC of Mayor Pro Tem Greinke thanked and commended the Committee on the fine job in organizing the annual picnic. 3. COUNTY REGIONAL PARK PLANS Mayor Pro Tem Greinke expressed concern that the City has not been involved in discussions between The Irvine Company and the County of Orange for a regional park in the upper Peters Canyon area. Councilman Saltarelli stated'that although the timing was of sur- prise to Council and staff, the County Master Plan of Parks has contained a regional park since at least 1974, during annexation proceedings before LAFCO. The City Manager responded that staff has conveyed its feelings on the matter in terms of timing, and he suggested that Council take no action on the agreement until its adoption of the Recreation Element of the General Plan. He added that Supervisor Riley's office has given assurance that the matter will not proceed until Tustin's comments are fully considered. Council concurred that consideration be given to a letter being f~rwarded to County Supervisor Nestande stating Council's feelings on the matter. 68 BUSINESS SIGNS IN LANGUAGE OTHER THAN ENGLISH Mayor Pro Tem Greinke expressed concern regarding the increasing number of advertising signs in many cities containing almost no, or very little, English. He suggested a proposal whereby advertising signs would be required to contain English in larger size as the primary language. The City Attorney responded that his office would review the matter and report back on same. CITY COUNCIL MINUTES Page 7, 10-1-84 XI I I. 5. C~ ll~ANS PROPOSED PLANS FOR I-S/ROUTE 55 INTERC)4ANGE The Director of Public Works responded to Councilman Edgar that he would make available to him for study CalTrans' proposed plans for the I-5/Route 55 Interchange. 6. REIqOVAL OF CAMPAIGN SIG/LS STILL POSTED In accordance with Councilman Edgar's suggestion, the Community Development Director was requested to address a more firm letter to property owners where campaign signs are still posted. 7. RAILROAD TRACKS ON WALNUT AT CHERRYW00O In response to Councilman Hoesterey, the Director of Public Works reported on the railroad company's removal of tracks on Walnut near Cherrywood and stated he expects to receive a removal schedule in the near future. 8. FREEWAY HAZARDS Mayor Kennedy reported several hazards on the I-5 freeway within City boundaries, to which the Director of Public Works responded he would report them to CalTrans for correction. RECESS - REDEVELOPMENT AGENCY; ADJOURNMENT At 9:39 p.m. it was moved by Edgar, seconded by Hoestere~, to recess to the Redevelopment Agency, and thence adjourn to the next regular meeting on. October 15, 1984, at 7:00 p.m. Carried 5-0. ~CITY CL~ MINUTES OF A REGULA~ )~EETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA OCTOBER 1, 1984 e CALL TO ORDER The meeting was called to order by Chairperson Kennedy at 9:39 p.m. in the City Council Chambers, 300 Centennial Nay, Tustin, California. ROLL CALL Agency Members Present: Agency Members Absent: Others Present: Ursula E. Kennedy, Chairperso~ Frank H. Greinke, Chairperson Pro Tem Richard B. Edgar Ronald B. Hoesterey Donald 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 Captain N. E. Williams, Police Department Royleen A. White, Dir. of Com. & Admin. Srvcs. Dr. R. Kenneth Fleagle, Planning Consultant Approximately 5 in the audience APPROVAL OF MINUTES It was moved by Hoesterey, the September 11, 1984, abstained. seconded by Edgar, to approve the minutes of meeting. The motion carried 4-0, Greinke 4. BESIGM REVIEW - USE PERMIT ND. 84-18 - RESOLUTION ND. RDA 84-12 It was moved by Hoesterey, seconded by Edgar, to continue the following: RESOLUTION NO. RDA 84-12 - A RESOLUTION OF THE COMMUNTY REDEVELOPMENT AGENCY DF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DESIGN OF 5,500 SQUARE FEET OF RETAIL AND 5,500 OFFICE ON 2ND STORY AT EL CAMINO PLAZA LOCATED AT 6TH AND EL CAMINO REAL Carried 5-0. 81 5. USE PERMIT ND. 84-15 -TENTATIVE TRACT MAP 12273 The Community Development Director presented the staff report and recom- mendation as contained in the inter-com dated October 1, 1984, prepared by the Community Development Department. It was then moved by Saltarelli, seconded by Edgar, to approve subject site plan and elevations of the project. Motion carried 5-0. 81 6. OTHER BUSINESS None. e A~OURNMENT At 9:41 p.m., it was moved by Greinke, seconded by Edgar, to adjourn the Agency meeting to the next regular meeting on October lb, 1984. Carried 5-0. RECOR~L~NG 'SEC~TARY