HomeMy WebLinkAboutMINUTES 02-21-84MINUTES OF AN ADJOURNED REGULAR ~ETING
OF ll4E CITY COUNCIL O~ ll~E
CITY OF TUSTIN, CALIFORNIA
FEBRUARY 21, 1984
CN-L ll) OR~)ER/PLEDGE OF AJ-LEGINqCE/INVOCATZON
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
Councilpersons Present:
Councilpersons Absent:
Others Present:
III. PUBLIC INPtFF
Ursula E. Kennedy, Mayor Pro Tem
Richard B. Edgar
Frank H. Greinke
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
I¥.
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
owner~. 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 Ordinance No. 906 in agenda order.
SPECI~ PRESENTATION
1. FROM TUSTIN JAYCEES ll) TUS-TIN CIl~ COUNCIL FOR PARTICIPATION IN
TUSTIN TILLER DAYS PARJq4)E
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
Jaycees, 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 Tustin Pageant on Saturday, March 3, 1984, at 7:30 p.m. in the~
Clifton C. Miller Community Center. 34
V. PUBLIC HEAJ~INGS
None.
CITY COUNCIL MINUTES
Page 2, 2-21-84
VI.
VII.
CONSENT CALENDAR
It was moved by Greinke, seconded by Edgar, to approve the entire Con-
sent Calendar. Councilman Edgar had questions on Items 1 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 ~NUTES - FEBRUARY 6, 1984
Approved with correction to Page 6, New Business Item No. 4,
second paragraph, fifth line, to read "Plan i-N55 to N5 and '
Alternative III, Plan 5B . . ."
2. RATIFICATION OF PAYROLL IN THE AMOUNT OF $105,676.07
APPRDV~ OF D~DS IN THE AMOUNT OF $679,965.38
50
3. RE~UTION 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.. SE~14ENT OF CLAIM OF JUAN ZUNIGA V. ~NNY USTARIZ AND CIl~F OF
TUSTIN; CLAIM NO. 81-18
Settled subject claim as recommended by the City Attorney. 40
5. REJECTION OF CLAIM OF CAJ~DY F1AINE CONNORS; DATE OF LOSS: 12-20-
83; DATE FILEO: 12-21-83; CLAIM NO. 83-42
Rejected .subject claim as recommended by the City Attorney. 40
6. MISOEMEAJ40R PRDSECtFTION CONTRACT WIll~ OFFICE OF lt)E DISTRICT AITOR-
NEY
Authorized the Mayor and City Clerk to execute subject con-
tract. 45
84-11
7. RESOLUTION 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 BIDS
Adopted Resolution No. 84-20 as recommended by the Engineering
Department, with understanding ~hat the contract period is for
one year with the City's option to extend it for a total of
three years. 39
8. RELINQUISHMENT OF VEHICULA~R 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
9. DECLAJ~ATION OF SURPLUS ITE14S
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. 88
10.
RESOLUTION NO. 84-22 - 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.
RESO. UTION NO. 84-21 - A RESOLUTION OFT HE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADDING A COMMODITY ADJUSTMENT CHARGE TO TH~
WATER SERVICE RATES
Adopted Resolution No. 84-21 as recommendeO by the City
Manager. 50
ORDINANCES FOR INTRODUCTION
None.
CITY COUNCIL MINUTES
Page 3, 2-21-84
III. ONOINANCES FOR ~I)OPTION
CABLE TI~.E¥ISION Fp~m~NcHISE ll~AN~ER , ORDINANCE 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:
O~INAJ~E NO. gO5 - AN ORDINANCE OF THE CITY OF TUSTIN, AMENDING
THE FRAJ~CHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO SIX S'TAR
CABLEVISION OF TUSTIN, INC. AND APPROVING THE TRANSFER OF OWNERSHIP
FROM SIX STAR CABLEVISION 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.
2. ZONING ORDINANCE AMENDMENT NO. 83-4 - MULTIPLE RESIDENTIAL DEVE).OP-
MENT ~'~ANOARI)S - ORDINA~4CE NO. 906
OR~)INAJ(CE 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-
TION
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 5 units for guest parking to 1 per 3, as to whether it
applied to all proposed 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 PO.
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 ¢-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 1~0 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
be passed
for every
by Edgar, seconded by Saltarelli, that Ordinance No. 906
and adopted with the revision of one guest parking space
four units.
Roll call vote:
AYES: Edgar, Greinke, Kennedy, Saltarelli
NOES: None
ABSENT: Hoesterey 81
OLD BUSINESS
1. CA~4PAIGN FUNDING (AB 12 & SB 87) - RESOLUTION NO. 84-19
NEW
1.
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. 84-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, RELATING TO THE CAMPAIGN REFORM LEGISLATION
Carried 4-0, Hoesterey a~sent. 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.
BUSINESS
1984 TUSTIN TILLER DAYS STREET FAIRE
The Recreation Superintendent relayed thanks to Cherrill Webb and
the Tustin Tiller Days Committee 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 1trine 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 E1 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. SEI~ATE 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 agendized 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
di rec to r s.
It was then moved by Greinke, seconded by Edgar, to support Senate
Bill 617 and notify Governor Deukmejian of same. Carried 4-0,
Hoesterey ab sent. 61
XI.
3. CIl"f HAJ. L IMPROVENEliTS - RESOLUTION NO. 84-24
As recommended in the inter-corn dated February 14, 1984, prepared
by the Public Works Department, it was moved by Edgar, seconded by
Saltarelli, to adopt the following:
R£SOI. UTION NO. 8~-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE REMOVAL AND
REPLACEMENT OF CARPETING IN THE CIl~( HALL COMPLEX AND DIRECT CITY
CLERK TO ADVERTISE FOR BIDS
Motion carried 4-0, Hoesterey absent.
39
REPORTS
1. PLA~INING CI)I~t4ISSION AI:TIONS - FEBRUARY 13, 1984
Councilman Edgar recollected that the Planning Commission had
rezoned the property at the corner of ~Fadden/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 t980; 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. FAJ_L 19~ Q(JAJ~TE~Y ~PORT - COI~14UNII"f ~RVICES DEPAJ~TMENT
Mayor Pro Tem Kennedy commended the Recreation Superintendent on
h~s Poll 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. 41
CITY COUNCIL MINUTES
Page 6, 2-21-84
XII. OTHER BUSINESS
XIII.
1. DRUG ABUSE PREVENTION
Councilman Saltarelli requested that staff send a thank you letter
to Rita Rewers, who represented 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. FLIGHT 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 FIREWORKS
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. $1
4. llJSTIN ROTARY CLUB COIqqENDATION
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 - REDEVELOPMENT; OFFICIAL ADJOURNMENT IN I~F_MORY OF EUGENE THOMAS
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 5, 1984, at 7:00 p.m. Carried 4-0,
Hoesterey absent.
MINUTES OF AN AIk)OURNED REGULAR )EETING
OF ll(E REDEVELOPMENT AGENCY OF
THE CITY OF TUSTIN, CALIFORNIA
FEBRUARY 21, 1984
1. CALL TO OROER
The meeting was called to order by Chairperson Pro Tem Kennedy at 8:05
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 Pro Tem
Richard B. Edgar
Frank H. Greinke
Donald J. Saltarelli
Ronald B. Hoesterey, Chairperson
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
Ronald A. Nault, Director of Finance
Royleen A. White, Dir. of Admin. & Com. Services
Captain N. Williams, Police Department
Robert S. Ledendecker, Director of Public Works
Jeff Kolin, Recreation Superintendent
Approximately 5-in the audience
3. APPROVAL OF MINUTES
It was moved by Edgar, seconded by Greinke, to approve the minutes of the
February 6, 1984, meeting. Carried 4-0, Hoesterey absent.
4. DESIGN REVIEW, B~ILDING E)_EVATION MDOIFICATION (LEWIS PROPERTIES, INC.,
14772 PLAZA DRIVE)
Following consideration of the inter-com dated February 21, 1984, prepared
by the Community Development Department on subject item, it was moved by
Saltarelli, seconded by Edgar, to receive and file same. Carried 4-0,
Hoesterey absent. 81
DESIGN REVIEW - USE PERMIT 8~-1 (SHELTON CONSTRUCTION COMPANY, 14311 NEW-
PORT AVENUE & 17361 MC FADOEN AVENUE)
As recommended in the inter-corn dated February 2I, 1984, prepared by the
Community Development Department, it was moved by Saltarelli, seconded by
Greinke, to approve the site and architectural design as approved by the
Planning Commission with conditions contained in Exhibit "A" of subject
inter-com. Motion carried 4-0, Hoesterey absent. 81
6. DESIGN IU~VIEW AUll4ORITY OF ll~E REDEVELOPMENT AGENCY
Chairperson Pro Tem Kennedy thanked the Community Development Director for
his inter-com dated February 21, 1984, on subject item and same was
received and filed by unanimous informal consent. 81
7. OTHER BUSINESS
None,
8. A~IOURNI~ENT
At 8:08 p.m. the Agency meeting was adjourned to the next regular meeting
on March 5, 1984, by unanimous informal consent.
RECORD ~G SECRETARY