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HomeMy WebLinkAboutCC 1 MINUTES 03-05-84MINUTES OF AN AI)JOURNED REGULA~ ~ETING OF ll(E Clll~ COUNCIL ·r ll(E CIl~ Or llIS-~IN, C~JLIFORNIA FEBRUARY 21, 1984 CALL TO ORDER/PLEDGE Or ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Pro Tem Kennedy at 7:01 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Alle- giance was led by Councilman Greinke, and the Invocation was given by Councilman Edgar. II. ROLL CALL Council persons Present: Council persons Absent: Others Present: III. PUBLIC INP~ IV. Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar Frank H. Gretnke Donald J. Saltarelli Ronald B. Hoesterey, Mayor James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Donald D. Lamm, Com. Development Director Royleen A. White, Dir. of Admin. & Com. Srvcs. Robert S. Ledendecker, Dir. of Public Works Captain N. Williams, Police Department Ronald A. Nault, Finance Director Jeff Kolin, Recreation Superintendent Approximately 20 in the audience Ye Mark Ainslie, Planning Commissioner, spoke in reference to Ordinance No. 906, stating that the guest parking requirement of 1 space for every 3 units is too strict and causes an undue hardship on property owners. He added that in the interest of homeownership and affordable housing, a higher ratio might be more applicable. Mr. Ainslie sug- gested a ratio of 1-5 would be best, but 1-4 would possibly cover the bases. Another point he made is that redevelopment areas and smaller type projects have a different standard which would encourage develop- ment in the more run-down areas of the city. As the requirement now stands, larger developments are able to meet the code easier because they have more space and would not be impacted as much as smaller pro- jects. It was Council consensus to make note of Mr. Ainslie's comments and consider Drdinance No. 906 in agenda order. SP£CI~ PRESENTATION 1. FROM ll)S'~IN JAYCEES ll) llmSTIN CIl~ COUNCIL FOR PARTICIPATION IN TUSTIN I'ILLER DAYS PARADE David Edgar, Tustin Jaycees, presented a budget report dated February 21, 1984, on the 1983 Tustin Tiller Days Parade. He then presented Council with engraved pewter mugs in appreciation for Council support of the community event. Mr. Edgar announced that the Second Annual Mayor's Prayer Break- fast, co-sponsored by the Tustin Chamber of Commerce and Tustin daycees, to be held in accordance with the monthly Chamber break- fast meeting, is tentatively scheduled for Thursday, April 26, 1984, at 7:30 a.m. at the Revere House. Mr. Edgar provided the Council members with tickets to attend the Miss Tusttn Pageant on Saturday, March 3, 1984, at 7:30 p.m. in the Clifton C. Miller Community Center. ~M PUBLIC HEARINGS No ne, CITY COUNCIL MINUTES Page 2, 2-21-84 VI. VII. CONSENT ~..ENOAR It was moved by Greinke, seconded by Edgar, to approve the entire Con- sent Ca}enc(~r. Councilman Edgar had questions on Items I and 7, but did not wish to remove same from the Consent Calendar. (See subject items.) After discussion, the motion carried 4-0, Hoesterey absent. APPROVAL OF MINUTES- FEBRUARY 6, 1984 Approved with correction to Page 6, New Business Item No. 4, second Paragraph, fifth line, to read "Plan 1-N55 to N5 and . Alternative III, Plan 5B . . ." RATIFICATION OF PAYROLL IN THE AMOUNT OF $105,676.07 APPROVAL OF OERANOS IN THE AMOUNT OF $679,965.38 3. RESOLUTION NO. 84-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESTRUCTION OF CERTAIN RECORDS OF THE OFFICE OF THE CITY CLERK Adopted Resolution No. 84-23 as requested by the City Clerk. 37 4., SETTLEI~ENT OF CLAIM OF JUAN ZUNIGA V. BENNY US-FARIZ AND CITY OF TUSTIN; CLAIM NO. 81-18 Settled subject claim as recommended by the City Attorney. 40 REJE~ION OF CLAIM OF CANDY RAINE CONNORS; DAll~ OF LOSS: 12-20- 83; ))ATE FILE)): 12-21-83; CLAIM NO. 83-42 Rejected subject claim as recommended by the City Attorney, 40 MISOENEANOR PROSEC~ION CONll~ACT Will( OFFICE OF ll(E OIS'[RICT Al'il)R- NEY Authorized the Mayor and City Clerk to execute subject con- tract. 45 RESOUJTION NO. 84-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE HEATING, VENTILATING, AND AIR CONDITIONING MAINTENANCE PROGRAM AND DIRECT CITY CLERK TO ADVERTISE FOR BIOS Adopted Resolution No. 8¢-20 as recommended by the Engineering Department, with understanding that the contract period is for one year with the City's option to extend it for a total of three years. 39 Se RELINOUISHMENT OF VEHICAAR ACCESS RIGHTS ll) RED HILL AVENUE - TRACT NO. 7721 Authorized the Mayor to execute subject Quitclaim Deed to the owner of Lot 10, Tract No. 7721, for the relinquishment of access rights to Red Hill Avenue as recommended by the Director of Public Works/City Engineer. 49 DECLARATION OF SURPLUS ITEMS Determined that the two vehicles, as detailed in subject report, are not required for public use and that they both be declared as surplus items as recommended by the Director of Public Works/City Engineer. 85 10. RESOLUTION NO. 04-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION OF SAID CITY ON TUESDAY, APRIL 10, 1984, HERETOFORE CALLED BY RESOLUTION NO. 83-105 OF THE CITY COUNCIL Adopted Resolution No. 84-22 as recommended by the City Clerk. 11. RESOLUTION NO. 84-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING A COMMODITY ADJUSTMENT CHARGE TO THE WATER SERVICE RATES Adopted Resolution No. 84-21 as recommended by the City Manager. ~0 OROIt&~NCES FOR INTROOUCTION None. CITY COUNCIL MINUTES Page 3, 2-21-84 III. ORDI)&M(C£S FOR AOOPTION 1. CABLE TELEVISION Fl~CHISE ll~ANSFER - OPJ)INANCE NO. 905 Mayor Pro Tem Kennedy stated that staff and Mayor Hoesterey have requested that subject item be deferred for discussion at a work- shop on March 5, 1984. It was then moved by Greinke, seconded by Edgar, to set a workshop on March 5, 1984, at 5:30 p.m. to discuss the following: ORDIN~M~£ NO. 905 - AN ORDINANCE OF THE CITY OF TUSTIN, AMENDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO SIX STAR CABLEVISION OF TUSTIN, INC. AND APPROVING THE TRANSFER OF OWNERSHIP FROM SIX STAR CABLEVISIOE OF TUSTIN, INC. TO UNITED CABLE OF SOUTH- ERN CALIFORNIA, LTD. Councilman Greinke commended the City Attorney on the materials presented, and requested that a provision be added for late charges. The City Attorney indicated he would review same. The motion carried 4-0, Hoesterey absent. ZONING ORDINANCE ~m&4ENOM~NT NO. 834 - MULTIPLE R£SIDENTIAL DEVELOP- MENT STANOAROS - ORDINANCE NO. 906 ORDINANCE NO. 906 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY CODE CONCERNING MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS FOR NEW CONSTRUC- TI ON The Director of Community Development stated that there was a bit of confusion over interpretation of Councilman Edgar's motion at the February 6 meeting to change the proposed ordinance from 1 space per $ units for guest parking to 1 per 3, as to whether it applied to all pnoposed zones (PD, R-2, R-3 and R-4), or just the one zone referenced in his motion (the PO zone). Also, Planning Commissioner Ainslie raised the question as to whether or not that was to apply to both apartment zones, the R-3 and the PD. Councilman Saltarelli stated he has concerns on the matter and thought a great deal about it since Commissioner Ainslie spoke; however, he felt that ordinances in the past few years have cer- tainly liberalized in terms of open space, and developers now have greater opportunity in some areas. Yet, Tustin is extremely defi- cient in terms of guest parking, and a standard of 1-3 still seems reasonable. He stated there is logic in differentiating between the size of the project in terms of a duplex, triplex or 4-plex as opposed to a 15 or 20-unit project or a 150 unit project, and requested staff input on devising methods for modification if that would be wise. The Community Development Director responded that during Planning Commission workshops on the matter, they wrestled with different methods to propose a new parking standard ratio by reviewing what other cities apply, from percentages to number of spaces per bed- room, etc. Finally, they resolved to stay with the fixed two spaces per unit and a fixed amount of guest parking, whether it be 1 space per 5 units, which the Planning Commission felt comfortable with, or 1 per 4 which staff recommended. Other cities have tried using a pro-rated ratio, and apparently, it proves to be difficult and they resolve themselves to a flat ratio that is equitable across the board, be it a duplex or 150 units, which is fairly uniformly used by cities throughout the county. He stated that staff would prefer a set ratio applicable to nunber of units rather than a different standard throughout the city. Following further Council/staff discussion, it was moved by Ken- nedy, seconded by Edgar, that Ordinance No. 906 have second reading by title only. Carried 4-0, Hoesterey absent. Following second reading by title only of Ordinance No. 906 by the City Clerk, it CITY COUNCIL MINUTES Page 4, 2-21-84 IX. Xe was moved by Edgar, seconded by Saltarelli, that Ordinance No. 906 be passed and adopted with the revision of one guest parking space for every four units. Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Kennedy, Saltarelli None Hoesterey OLD BUSINESS 1. CAMPAIGN FUNDING (AB 12 & SB 87) - RESOLUTION NO. 84-19 The Director of Community and Administrative Services presented the staff report and recommendation as contained in her inter-com dated February 15, 1984. It was then moved by Greinke, seconded by Edgar, to adopt the following: RESOLUTION NO. 04-19 - A RESOLUTION OF THE CITY COUNCIL OF ll~E CITY OF TUSTIN, CALIFORNIA, RELATING TO THE CAMPAIGN REFORM LEGISLATION Carried 4-0, Hoesterey absent. 61 In response to Councilman Edgar, the City Manager stated that staff would forward subject resolution to the Orange County Division, League of California Cities, for the League's consideration. MEW BUSINESS 1. 1984 TUSTIM TILLER DAYS STREET FAIRE The Recreation Superintendent relayed thanks to Cherrill Webb and the Tustin Tiller Days Co,mntttee and presented the staff report as contained in his inter-com dated February 13, 1984. Mrs. Webb presented an oral report on the 1983 faire and requested that the 1984 faire be moved to Columbus Tustin Park to accommodate more booths, sufficient parking, and to provide adequate lighting. She stated that the parade route is still under negotiation. At Councilman Edgar's request, Police Captain Williams stated there has been preliminary discussion on the parade route. The Police Department feels the proposed route with staging at Newport and Main, moving northbound on Newport to Irvine is not a good route because it would cut off access to Larwin Square from Newport Avenue at a high shopper-usage time. He stated that preference is for the parade route to go westbound on Main to El Camino or Pros- pect and on to Columbus Tustin Park; however, it is still under negotiation and the Police Department is open to alternatives. The Recreation Superintendent responded to Councilman Edgar that he too was concerned over impact to the turf at Columbus Tustin from faire participants. The Tustin Unified School District has assured him that the fields will be worked on over the Christmas holiday recess and brought back to their original condition. Councilman Edgar expressed sensitivity to taking business away from the E1 Camino Real merchants if the parade is rerouted from that street. The Recreation Superintendent responded that staff hopes to work out a route that encompasses E1 Camino Real, to Prospect, and then to Columbus Tustin Park. Mrs. Webb responded to Councilman Greinke's request to delay moving the faire to Columbus Tustin Park until 1985, stating that if the faire remains at Peppertree Park, costs will overrun revenues, i.e., lighting, rides, etc. It was then moved by Greinke, seconded by Saltarelli, to allocate $6,000 for the street faire and approve moving the street faire to Columbus Tustin Park, providing that it does not become a major controversial issue. CITY COUNCIL MINUTES Page 5, 2-21-84 Councilman Edgar requested a staff report following each Tiller Days Committee meeting to keep Council appraised of the status of the event. The motion carried 4-0, Hoesterey absent. 2. S£NATE BILL 617 The Director of Community and Administrative Services presented the staff report as contained in her inter-com dated February 14, 1984, and stated subject item was agendtzed at Councilman Greinke's request. Senate Bill 617 basically allows a member of a city coun- cil to choose not to sit on the redevelopment agency board of directors. It was then moved by Greinke, seconded by Edgar, to support Senate Bill 617 and notify Governor Oeukmejian of same. Carried 4-0, Hoesterey ab sent. 61 XI. 3. CITY HALL II~ROYEMEtiTS - RESOLUTION NO. 84-24 As recommended in the inter-com dated February 14, 1984, prepared by the Public Works Department, it was moved by Edgar, seconded by Saltarelli, to adopt the following: RESOLUTIO# NO. 84-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE REMOVAL AND REPLACEMENT OF CARPETING IN THE CITY HALL COMPLEX AND DIRECT CITY CLERK TO ADVERTISE FOR BIDS Motion carried 4-0, Hoesterey absent. 39 REPORTS 1. pL~mJINING (~)I~14ISSION A~TIONS - FEBRUARY 13, 1984 Councilman Edgar recollected that the Planning Commission had rezoned the property at the corner of McFadden/Newport'to commer- cial to be consistent with the General Plan, through a General Plan Amendment, and expressed surprise when the issue surfaced that a portion of that land did not comply with the zoning as modified. The Community Development Director identified the R-3 area on the plot plan and responded that the discovery was made by staff when the applicant came in for a Use Permit to build a shopping center, but he could not expand on the background. Councilman Edgar stated that part of the sequence is that the area was a county island until it was finally annexed in 1980; after which the property retained the county zoning for awhile, until it was determined that it should be rezoned because of the viability of the corner being better as commercial than residential. In accordance with Councilman Edgar's suggestion, the Community Development Director responded that he has directed the Senior Planner to begin a City-wide comparison to surface any other exist- ing inconsistencies, which will be brought into conformance with the General Plan through a General Plan Amendment, to be forth- coming. The Planning Commission Action Agenda for February 13, 1984, was ratified by unanimous informal consent. 80 2. FALL 1983 OUAJ~TERLY REPORT - COI~IUNITY SERVICES DEPARTMENT Mayor Pro Tem Kennedy commended the Recreation Superintendent on his Fall 1983 Quarterly Report dated February 13, 1984. In response to Councilman Greinke, the Recreation Superintendent expanded on activities.for senior citizens. Council concurred to receive and file the report. CITY COUNCIL MINUTES Page 6, 2-21-84 XlI. OTHER BUSINESS XI.II. 1. DRUG ABUSE PREVENTION Councilman Saltarelli requested that staff send a thank you letter to Rita Rewers, who ~epresented Tustin at the "Community Action Seminar for Drug Abuse Prevention" at USC on February 6. Also, he announced that the film "Sons and Daughters, Drugs and Booze" will be shown on February 22, 1984, at 7:30 p.m. at Foothill High School. 2. FI. IGHT PATHS - JOHN WAYNE AIRPORT In light of recent problems with overflights from aircraft out of John Wayne Airport, Council concurred with Councilman Saltarelli's request that staff continue monitoring take-off patterns and that a letter be sent to the FAA regarding safety standards. 101 3. BANNING OF FIR£WORKS Per Councilman Edgar's request, the City Attorney provided an oral report on recent court action relating to cities' authority to pro- hibit the use of fireworks. After some discussion, the City Attorney indicated he will monitor the court proceedings, and will report back to Council with an appropriate recommendation. 51 4. THSTIN ROTARY CLUB COI~DATION Councilman Greinke commended the Tustin Rotary Club for their fan- tastic job in honoring senior citizens and requested that an appro- priate letter from the Mayor be sent. Council concurred. 84 RECESS - RE])EVELOPDIENT; OFTICIAL AOJOURNMENT IN R)IORY OF EUGENE THODIAS At 8:05 p.m. it was moved by Greinke, seconded by Edgar, to recess to the Redevelopment Agency; thence to a workshop regarding the cable television franchise on March 5, 1984, at 5:30 p.m.; and thence adjourn in memory of Eugene R. Thomas, former Tustin area Man of the Year, to the next regular meeting on March $, 1984, at 7:00 p.m. Carried 4-0, Hoesterey absent. MAYOR CI IY CLERK