HomeMy WebLinkAboutCC 1 MINUTES 05-21-84MINUTES OF A REGULAR )EETING
OF ll(E CIll~ COUII(:IL OF ll4E
CITY OF lldSTIN, CALIFORNIA
MAY 7, 1984
CALL TO ORDER/PLEDGE OF ~LEGIANCE/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 Edgar.
II.
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. Lam, Com. Development Director
Robert S. Ledendecker, Dir. of Public Works
Ronald A. Nault, Finance Director
Charles R. Thayer, Chief of Police
Royleen A. White, Dir. of Admin. & Com. Srvcs.
Isabelle McClements, Sr. Citizens Leader
Approximately 125 in the audience
III. PUBLIC INPUT
1. REGULATIONS FOR OFF-SALE LIQUOR OUTLETS
Jack Miller, 17352 Parker Drive, representing the "Parents Who
Care" organization, read a letter dated May 4, 1984, addressed to
the Council which recommended: 1) A'moratorium on issuance of per-
mits to alcoholic beverage outlets, except restaurant-type loca-
tions, to allow the Planning Commission and City Council time to
study the negative impact of such outlets; 2) That the criterion
for distance between schools and off-sale outlets be set at 1,000
feet minimum, and 600 feet minimum for on-sale outlets; 3) That the
sale of alcoholic beverages and motor vehicle fuel at the same
business location be prohibited; and 4) That all off-sale outlets
be subject to the CUP process, as required by most other Orange
County cities.
It was then moved by Hoesterey, seconded by Edgar, to direct the
Planning Commission to review how other Orange County cities are
dealing with this matter, and report back with recommendations
based on that review.
Mr. Miller requested that Council also declare a moratorium on
issuance of permits during the review period. In response to
Councilman Hoesterey, the City Attorney stated that the Council
could adopt a 90-day moratorium on issuance of any permits; staff
could come back to Council with an emergency ordinance of that
type, with a condition that a study is to be placed into process
with a report for a permanent solution to come back to Council; and
the gO-day moratorium could be extended at a later point.
Following Council/staff discussion, the motion was amended by
Hoestere), seconded by Edgar, to direct staff to prepare an urgency
ordinance declaring a 90-day moratorium on issuance of permits for
retail "off-sale" liquor outlets to allow the Planning Commission
time to review other Orange County cities' regulations for same,
and report back with recommendations based on that review.
The amended motion carried 5-0. 81
CITY COUNCIL MINUTES
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IV.
2. IRVIME COMPANY'S PROPOSED AUTO CENTER AT BRYAN & BROWNING AVENUES
The following, persons spoke in opposition to subject project:
Bob Clevenger, 1761 Andrews, voiced concerns about the proposed
location of the project to schools, a church, and residential
areas.
Bruce Carter, no address given, felt the project should be termi-
nated without going into public hearings or plan review.
Councilman Edgar explained the Environmental Impact Report process
and noted that Council is legally required to conduct public hear-
ings to receive all evidence and public input.
Hubert Clark, 1942 San Juan, stated that the purpose of area resi-
dents attending this evening is to make Council aware of their
opposition to the present location of the proposed project.
Councilman Saltarelli provided additional information pertaining to
development of the East Tustin area; he assured the audience that
Council will not allow a commercial development 60 feet from exist-
ing residential areas; and that whatever is done, there must be
residential-type buffers to protect the existing residential
areas. Councilman Saltarelli stated he felt the project should be
located at the I-5 Freeway and Myford Road.
Oscar Barnhardt, 13872 Karen Way, shared photos of Browning Avenue
which was flooded during last year's rainstorms.
Mayor'Keonedy thanked residents in attendance and encouraged all to
leave their name, address, and phone number with the City Clerk for
mailing of information and public hearing notices.
An informal question-and-answer/discussion period followed, and the
City Manager once again explained the,EIR process. 81
PROCLAMATIONS
1. "FIRE ~RVICE R~COGNITION DAY' -MAY 12, 1984
Mayor Kennedy read and presented a proclamation to Battalion Chief
Greg Peterson, Orange County Fire Department, designating Saturday,
May 12, 1984, as "Fire Service Recognition Day." Chief Peterson
thanked the Council on behalf of Fire Chief Holms and the Orange
County Fire Department. 84
2. "OLDER N~ERICANS MONTH" - MAY, 1984
A proclamation designating the month of May, 1984, as "Older Ameri-
cans Month" was read and presented by Mayor Kennedy to Isabelle
McClements, Senior Citizens Leader. Mrs. McClements thanked the
Council and introduced officers of various senior citizens' clubs.
Ye
PUBLIC ~EARI~
1. /UNEMOI~IITS TO 1979 UNIFORM BUILDING CODE - ORDINANCE NO. 909
The staff report and recommendation was presented by the Community
Development Director as contained in the inter-com dated May 7,
1984, prepared by the Community Development Department. A brief
question-and-answer period followed.
The public hearing was opened at 8:05 p.m. There being no speakers
od the matter, the public hearing was closed.
It was then moved by Greinke, seconded by Saltarelli, that Ordi-
nance No. 909 have first reading by title only. Carried 5-0.
Following first reading by title only of Ordinance No. 909 by the
City Clerk, it was moved by Saltarelli, seconded by Edgar, that
Ordinance No. 909 be introduced as follows:
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VI.
ORDINANCE NO. 909 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING PART 8, CHAPTER 1, SECTION 8103 OF THE
TUSTIN MUNICIPAL CODE, ESTABLISHING AMENDMENTS OF THE 1979 UNIFORM
BUILDING CODE (Re: Elevators, Escalators, Etc.)
Motion carried 5-0. 30
ZONING ORDINANCE /~IENDNENT NO. 84-1 - ORDINANCE NO. 911
The Community Development Director presented the staff report and
recommendation as contained in the inter-com dated May 7, 1984,
prepared by the Community Development Department.
Council discussion followed on restricting day care homes with
swin~ning pools.
The public hearing was opened at 8:10 p.m. There'being no speakers
on the matter, the public hearing was closed.
It was moved by Edgar, seconded by Hoesterey, that Ordinance No.
911 have first reading by title only. ~arried'5-O. The City Clerk
provided first reading by title only of Ordinance No. 911.
It was then moved by Edgar, seconded by Saltarelli, that Ordinance
No. 911 be introduced and amended to exclude day care homes with
swimming pools as follows:
ORDINANCE NO. 911 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY
CODE ALLOWING LARGE FAMILY DAY CARE HOMES IN THE SINGLE-FAMILY
RESIDENTIAL DISTRICTS (ZONING ORDINANCE AMENDMENT NO.' 84-1)
Following Council/staff discussion, the motion carried 5-0. 109
CONSENT CALENDAR
Item No. 7 was removed from the Consent Calendar by Edgar. It was
moved by Saltarelli, seconded by Greinke, to approve the remainder of
the Consent Calendar. Carried b-O.
1. APPROVAL OF NINUTES - APRIL 16, 1984, REGULAR MEETING
APRIL 17, 1984, ADJOURNED REGULAR MEETING
2. RATIFICATION OF PAYROLL IN THE AMOUNT OF $107,040.90
APPROVAL OF DEMANDS IN THE AMOUNT OF $1,304,863.24
e
5O
RESOLUTION NO. 8~-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, OPPOSING H.R. 4103 (Cable Television)
Adopted Resolution No. 84-34 as requested by the City Council.
53
e
REJECTION OF CLAIM OF WILLIAI~ ALLEN REID.; BATE OF LOSS: 3-8-84;
DATE FILEO WITH CITY: 3-29-84; CLAIM NO. 84-7
Rejected subject claim as recommended by the City Attorney.
5. POLICE VEHICLE REPLACEMENT
Authorized exception to Tustin bid procedures and authorized
purchase of two Chevrolet Impalas to replace the older, high
mileage units in our patrol fleet, at a cost of $22,484.72 as
recommended by the Chief of Police. 87
6. RESOLUTION NO. 84-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 12138 {2681,
2685, 2691 Dow Avenue)
Adopted Resolution No. 84-36 as recommended by the Community
Development Department. gg
8. HONEOWffi~R REQUEST FOR TREE REMOVAL - 13572 UTT DRIVE
Authorized removal of subject trees under the provision of the
current City Tree Removal Policy, Section II, as recommended by
the Maintenance Superintendent. 86.1
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9. II~ROVEHENT AGREEMENTS FOR TRACTS NO. 8590 AND NO. 8763
Authorized the following: 1) Execute the amended and restated
Jamboree Road Improvement Agreement between the Irvine Company
and the City of Tustin; and 2) Release of the following Sub-
division Improvement Bonds:· Tract No. 8590, #244109 - Faithful
Performance in the amount of $318,750.00 and #244109 - Labor
and Materials {n the amount of $159,375.00 and Tract No. 8763,
#2584139 - Faithful Performance in the an~unt of $498,700.00,
and #2584139 - Labor and Materials in the amount of $249,350.00
as recommended by the Director of Public Works/City Engineer.
45; 84-26
10. CITIZEN REOJEST FOR TREE RE~K)V~ - 14831 BRANBURY CIRCLE
Authorized removal of subject tree under provisions of Section
II of the current City Tree Removal Policy as recommended by
the Maintenance Superintendent. 86.1
11. DISPOS~- O~ SURPLUS IllUMeS
Declared the 45 items listed in subject report as surplus items
to the needs of the City as recommended by the Director of
Public Works/City Engineer. 85
12.
RESOLUTION NO. 84-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 84-2
(Walnut Street)
Adopted Resolution No. 84-37 as recommended by the Director of
Public Works/City Engineer. 81
Consent Calendar Item No. 7 - Senior Center Consultant Contract -
Councilman Edgar expressed concern that a tentative date be fixed for
commencement, of project. If that date is not feasible, then a report
should be made to Council fixing a future date, etc. Council discus-
sion followed. It was then moved by Edgar, seconded by Hoestere¥, to
approve the following with the condition that Council have a status
report at the September 4, 1984, Council meeting:
7. SENIOR CENTER CONSULTANT CONTRACT
Approved the Senior Center'Consultant Contract with Recreation
Systems, Inc., in the amount of $5,000 and authorize the Mayor
and City Clerk to sign the agreement as recommended by the
Recreation Superintendent.
Motion carried. 45
84-27
VII.
ORDINANCE FOR INTRODUCTION
1. NUISANCE ABATEMENT PROCEDURE - ORDINANCE NO. 908
The Community Development Oirector presented the staff report and
recommendation as contained in the inter-com dated May 7, 1984,
prepared by the Community Development Department.
Council/staff discussion followed regarding Councilman Greinke's
concern over prohibiting parking of vehicles on residential lawns.
Council concurred to direct staff to present a plan at the May 21,
~984, meeting for abatement/removal of inoperative vehicles and
prohibition of parking vehicles on lawns.
It was then moved by Saltarelli, seconded by Edgar, that Ordinance
No. 908 have first reading by title only. ~arrled 5-0. Following
first reading of Ordinance No. 908 by title only by the City Clerk,
it was moved by Edgar, seconded by Greinke, that Ordinance No. 908
be introduced as follows:
OROINANCE NO. 908 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING CHAPTER 5, SECTIONS 5500 THROUGH 5510,
TO ARTICLE 5 OF THE TUSTIN CITY CODE, ESTABLISHING NUISANCE ABATE-
MENT REGULATIONS
Motion carried 5-0. 81
CITY COUNCIL MINUTES
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VIII.
ORDINANCE FOR ADOPTION
1. ZONE C~ANGE 84-1 - ORDINANCE NO. 910
It was moved by Hoestere¥, seconded by Edgar, that Ordinance No.
910 have second reading by title only. Ca, tied 5-0. Following
second reading by title only of Ordinance No. 910 by the City
Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance
No. 910 be passed and adopted as follows:
ORDINANCE NO. 910 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING THE. RE-ZONING OF THE PROPERTY LOCATED AT 17361 MCFADDEN
AVENUE FROM MULTIPLE FAMILY RESIDENTIAL {R-3) DISTRICT TO RETAIL
COMMERCIAL (C-1) DISTRICT
Roll call vote:
AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli
NOES: None
ABSENT: None
110
IX. OLD BUSINESS
None.
NEW
1.
BUSINESS
PARKING COMPLAINTS - 200 BLOCK W. SIXTH STREET & 500 BLOCK S. "C'
STREET
The Director of Public Works presented the staff report and recom-
mendation as contained in his report dated May 2, 1984.
Charles Anderson, 255 West Sixth Street, ,relayed vehicle parking
problems and incidents related to same.
Council/staff discussion followed, and the Chief of Police reported
methods they are legally empowered to use to resolve some of the
parking problems.
It was moved by Edgar, seconded by Greinke, to conduct a neighbor-
hood meeting to discuss any proposed changes with respect to park-
ing modifications that residents desire to implement along Sixth
Street, "C" Street, or E1Camino Real. Carried 5-0. 75
o
REPORT ON 40 PLUS AOULT SOFTILRLL LEAGUE FEES
The staff report and recommendation was presented by the Director
of Community and Administrative Services as contained in the inter-
com dated May 2, 1984, prepared by the Recreation Superintendent.
Following a brief question-and-answer period, it was moved by
Greinke, seconded by Saltarelli, to maintain a fee of $225, and
keep the same number of games and awards. Carried 5-0. 41
LOCAJ. NEGULATION OF FIREWORKS - RESOLUTION NO. 84-3/)
As recommended in the inter-com dated May 3, 1984, prepared by the
City Attorney, it was moved by Edgar, seconded by Kennedy_, to adopt
the following:
RESOLUTION NO. 84-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF llJSTIN, CALIFORNIA, SUPPORTING THE CONCEPT OF LOCAL REGULATION
OF FIREWORKS
Motion carried 5-0. 52
CITY COUNCIL MINUTES
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XI. REPORTS
1. PI_A&I#ING COI~tISSION ACTIO~ - APRIL 23, 1984
Mayor Kennedy expressed appreciation to the Planning Commission and
staff for their work on Zoning Ordinance Amendment No, 84-1 (Large
Family Day Care Homes).
Councilman Saltarelli reported that Planning Commissioner Kathy
Weil has suggested that 1) the Council Chanbers have an identifica-
tion sign; and 2) an interior board be installed in the Chambers
for noting agenda changes, etc. The City Manager indicated staff
would investigate same.
The Planning Commission Action Agenda of April 23, 1983, was rati-
fied by unanimous informal consent. 80
2. TILLER OAYS PROGRESS REPORT
It was moved by Hoesterey, seconded by Kennedy, that the inter-com
on subject item dated April 17, 19~4, prepared by the Community
Services Department be received and filed. Carried 5-0. 34
REOUEST ~OM PLANNING COII(ISSION ll) /~CFIRM ~ED ll) INITIAllE ZONING
OROII~NCE AMENOMFNT LIMITING SPECIFIC WES IN THE II~EOIA~ VICIN-
ITY OF PDBLIC SCHOOLS
Following consideration of the inter<om report dated May 7, 1984,
prepared by the Community Development Department, it was moved by
Hoestere¥, seconded by Edgar, to receive and file same. Carried
5-o. ~
XII. OTHER B~IRESS
1. THIRD OJARTER FIHANCIAL REPORT OF OPERJ~TIONS
The City Manager reported that the Third Quarter"Financial Report
of Operations has been provided to Council and suggeste~ that it be
reviewed in conjunction with a Budget workshop or as an agenda
item, whichever Council desires. The budget will be delivered to
Council the latter part of the week.
2. AUTHORIZED DELEGATE - LEAGUE OF CALIFORNIA CITIES, ORANGE COUNTY
DIVISION
It was moved by Kennedy, seconded by Hoesterey, to appoint Council-
man Richard B. Edgar as Tustin's authorized voting delegate at the
League of California Cities, Orange County Division, meeting to be
held on May 10, 1984. Carried 5-0. 73
REQUEST FOR CLOSED SESSION
The City Manager requested a Closed Session for discussion of legal
matters.
4. OIL LEAKS ON CITY STREETS
In response to Councilman
parked in Tustin Meadows
Chief of Police requested
same°
Saltarelli's complaint of an old vehicle
which leaks a great amount of oil, the
that he be provided with the address of
L KUOOS TO NRYOR KBIIEDY
Councilman Saltarelli was joined by Councilman Greinke in commend-
ing Mayor Kennedy on conducting her first meeting as Mayor.
6. ABATEMENT OF OVERCROWDED HOUSING
Councilman Greinke reported the City of Santa Ana has imposed jail
terms on landlords for illegally overcrowded housing and requested
that staff work with Santa Aha to see if Tustin can take the same
type of action.
CITY COUNCIL MINUTES
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XlII.
7o BULLET TRAIN
Councilman Hoesterey reported that American High Speed Rail's
costly trip to Japan has proven unsuccessful in view of reactions
expressed by several legislators who attended, rode the bullet
train, and reviewed economics of the project. 101
8. JOHN WRYNE AIRPORT
Councilman Edgar requested that the Council strongly oppose con-
tinued increase in air flights out of John Wayne Airport.
9. BID AWARD, COLtJ~US-TUSTIN WELL PROJECT
In accordance with Councilman Edgar's concern and following
Council/staff discussion, Council concurred to schedule a Redevel-
opment Agency meeting on May 15, 1984, at b:O0 p.m. for bid award
of the Columbus Tustin Well project, to be followed by a City Coun-
cil workshop regarding water deficiencies. 107
10. CONGRATULATIONS TO ENTIRE CITY STAFF
Councilman Saltarelli congratulated all City departments and staff
for the fine job they have done in the last 90 days which has had
the greatest activity in TOstin's history, i.e., elections, bullet
train, auto center, etc.
11. ACQUISITION OF IU~ILROAJ) RIGHT-OF-WAY
Councilman Hoesterey reported that homeowners have expressed inter-
est in acquiring abandoned railroad land between the Peppertree and
Tustin Meadows subdivisions. He requested that staff work with the
homeowners from the standpoint of avoiding potential problems. The
Director of Public Works stated he is presently working with the
residents.
12. CONFIP, t~TION OF QUORU~ FOR MAY 21, 1984, COUNCIL ~EETING
Mayor Kennedy reported that two Council members will be out of town
on May 21, 1984, and was able to confirm a quorum will be present
at subject Council meeting.
RECESS - REOEVELOPMENT - CLOSED SESSION; AIXIOURNMENT
At 9:19 p.m. it was moved by Kennedy, seconded by Saltarelli,'to recess
to the Redevelopment Agency, thence to a Closed Session for discussion
of legal matters; and thence adjourn to a workshop regarding water
deficiencies in~nediately following the Redevelopment Agency adjourned
regular meeting on May 15, 1984, at 5:00 p.m., and thence to the next
regular meeting on May 21, 1984, at 7:00 p.m. Carried 5-0.
CITY CLERK
MAYOR