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Home My WebLink AboutCC 1 MINUTES 01-03-84MINU~S Or A REGULAR IWEETING OF THE CITf COUNCIL Or THE CITY Or TUSTIN, CALIFORNIA DECEMBER 19, 1983 II. CALL TO ORDER/PLEDGE Or ALLEGIA~ICE/IIIVOCATION The meeting was called to order by Mayor Hoesterey at 7:03 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 Hoesterey. ROLL Cq,.L Councilpersons Present: Councilpersons Absent: Others Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar Frank H. Greinke 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 Ronald A. Nault, Director of Finance Robert S. Ledendecker, Dtr. of Public Works Royleen A. White, Com. & Admin. Srvcs. Dir. Jeff Kolin, Recreation Superintendent Captain N. Williams, Police Department Approximately 25 in the audience III. PUBLIC I#PUT - U~E ~[RMIT 83-28 (1011 LAGU#A ROAD) Jack Miller, 17352 Parker Drive, spoke in opposition to Use Permit. 83-28 (authorization to operate a convenience market including the off-sale of beer and wine, and'to install three 6,000-gallon above- grade petroleum storage tanks) which was approved by the Planning Com- mission on December 12,'1983, and urged the Council's denial' of same. Mr. Miller cited objections as follows: the proximity of the project to Tustin High School; the TUSD Board of Education has not had an opportunity to act on the request; it poses too great a convenience for obtaining alcoholic beverages - not only to students, but truck drivers returning to the public streets and highways; and he quoted statistics of drunk-driving related deaths in the Nation. Margaret Greinke, 230 South "A" Street, applicant/owner, described the proposed operations of the convenience market and assured the Council that scrutiny would be practiced by office personnel in the sale of alcoholic beverages. Mr. Miller emphasized his major concern is that allowing a convenience market selling alcoholic beverages contradicts the message of recent series of meetings to educate students about "chemical people" - those who abuse alcohol and drugs. Council/staff discussion followed, with Mrs. Greinke and Mr. Miller participating and responding to Council questions. The motion by Edgar to table any further discussion on this issue died for lack of a second. It was then moved by Edgar, seconded by Saltarelli, to uphold the find- ings of the Planning Commission approving Use Permit 83-28. After further discussion, the motion carried 3-1, Greinke abstaining, Kennedy dissenting on the basis of lack of input from the Board of Education. 81 Councilman Greinke assured the Council and audience that his family is proud of their name and reputation, and they would never do anything to harm the community. CITY COUNCIL MINUTES Page 2, 12-19-83 IV. PUBLZC ~EARX#GS 1. AI~#DED SPECIFIC PLAN NO. 6, HOLT NEIGHBORIlO00 PLAN (HOLT & WARREN AVENUES) - RESOLUTION NO. 83-108 The Community Development Director presented the staff report .and recommendation as contained in the inter-com dated December 1983, prepared by the Community Development Department. Mayor Hoesterey opened the public hearing at 7:46 p.m. There being no speakers on the matter, the public hearing was closed. It was moved by Saltarelli, seconded by Greinke, to adopt the following: RESOLUTION NO. 83-108 - A Resolution of the City Council of the City of Tustin, California, ADOPTING AMENDMENTS TO SPECIFIC PLAN NO. 6 IN REGARD TO UNIT DENSITY AND CIRCULATION (HOLT & WARREN AVENUE) Motion carried 5-0. 81 2. APPEAL ~F /~IENDI~#T NO. I TO USE ER)lIT 80-3 - 'IUSTIII COFJ~RCE CENTER PHASE II, BURNETT-EHLINE CO. (18352-18376 IRVINE BLVD.) The Community Development Director presented the staff report and recommendation as contained in the inter-com dated December 19, 1983, prepared by the Community Development Department, and [esponded to Council questions regarding parking requirements including compact car parking), ingress/egress from the project onto Irvtne Boulevard, and utility undergroundlng. The public hearing was opened by Mayor Hoesterey at 7:57 p.m. Phillip Schwartze, applicant representative, spoke· in favor of' Amendment No. 1 to Use Permit 80-3, and responded to Council ques- ·ttons. Jim Vecchio, property owner on the southwest corner of Irvtne and Newport Boulevards, expressed concern that the proposed project is not architecturally compatible with his existing Spanish tile roof building, and requested that Council take same into consideration. There being no other speakers on the matter, the public hearing was closed at 8:13 p.m. It was moved by Greinke, seconded by Edgar, to uphold the findings of the Planning Commission approving Amendment No. i to Use Permit 80-3 and direct the developer to consider negotiating to purchase the City's right-of-way for driveway access from Newport Avenue. Council/staff discussion followed regarding an access driveway off of Newport Avenue. The Director of Public Works stated that it is staff's position that a driveway should not be cut into Newport Avenue for the following reasons: 1) The bike trail was con- structed off-street with as much protected access as possible. 2) If a driveway is cut into Newport, the location would be crucial. A driveway opposite ingress/egress to Packers Square, or with left-turn access from any opening on Newport, would create confu- sion and cross-traffic on Newport. Staff recommends that any driveway be located ~here it would have only right-turn ingress/ egress and no cross-traffic on Newport. 3) With traffic volumes expected to increase on Newport Avenue, the least amount of access to and from that street will help move traffic more efficiently. 4) A driveway would eliminate at least four parking spaces. The City Attorney noted that in addition to safety aspects, the City purchased the bike trail property from the railroad company for a sufficient sum, and he would recommend against quitclatming access through same. After further discussion, the motion carried 5-0. 81 CITY COUNCIL MINUTES Page 3, 12-19-83 Ve TERMINATION OF VARIANCE 81-8 - CALIFORNIAN APARTMENTS, 14882-14942 NEWPORT AVENUE Following consideration of the staff report dated December 19, 1983, prepared by the Community Development Department, the public hearing was opened by Mayor Hoesterey at 8:28 p.m. There being no speakers on the matter, the public hearing was closed. It was moved by Saltarelli, seconded by Greinke, to accept the Planning Co,,.,,ission recommendation and approve termination of Vari- ance 81-8. Motion carried 5-0. 43 APPEAl. OF USE PERMIT 83-24 - 545 SOUTH 'B' STREET The Community Development Director presented the staff report as contained in the inter-com dated December 19, 1983, prepared by the Community Development Department, responded to Council questions, and narrated slides for viewing by Councilmembers. Mayor Hoesterey opened the public hearing at 8:38 p.m. The follow- ing persons spoke on the matter. Terese Arndt, 535 South "B" Street, owner of property northerly of the proposed project, stated she was informed at the Planning Com- mission that the plans would be flipped so that the building does not abut her property, and she wished to be reassured that same would be approved by Council. Charles Anderson, 255 West Sixth Street, southerly of the proposed project, requested the fencing between properties and windows be high enough for privacy purposes. Additionally, Mr. Anderson reported a rodent problem, which Mayor Pro Tem Kennedy indicated she would refer to the Orange County Vector Control District. Walter Fredr~ksen; 12912 Dean Street, project applicant, spoke in favor of Use Permit 83-24 as originally applied for as a five-unit two-story apartment building based on full compliance with existing codes, In response to Councilman Greinke, Mr. Fredriksen stated he was willing to comply with Mr. Anderson's fence request. There being no other speakers on the matter, the public hearing was closed at 8:54 p.m. It was n~ved by Saltarelli, seconded byEdgar, to approve Use Per- mit 83-24 with the five units, providedthat the plans are flipped, that the fence be a minimum of 6 feet, with the bottom 3 feet being masonry block. Mayor Pro Tem Kennedy spoke in favor of four units based on compat- ibility with the area, density, and existing parking problems. The substitute motion by Kennedy to uphold the Planning Commission's approval of four units died for lack of a second. Following a question-and-answer period, the original motion carried 4-1, Kennedy opposed. 81 It was then moved by Saltarelli, seconded by Hoesterey, to direct the Planning Commission to 1) review all substandard width R-3 par- cels in the City, and those which do not meet Code requirements be rezoned, and 2) compare disparities between requirements for apart- ment buildings and requirements for condominiums. After Council discussion, the motion carried 5-0. 81 CO#SE#T CALENOAR Item 4 was removed from Consent Calendar by staff. It was moved by Saltarellt, seconded by Edgar, to approve the remainder of the Consent Calendar. Carried 5-0. 1. APPROVAL OF MINUTES - December 5, 1983 CIl~' COUNCIL MINUTES Page 4, 12-19-83 RATIFICATION OF PAYROLL in the amount of $104,704.39 APPROVAL OF DEMANDS in the amount of $873,975.26 RESOLUTION NO. 83-105 - A Resolution of the City Council of the City of Tustin, California, CALLING AND GIVING NOTICE OF THE HOLDr ING OF A GENERAl. MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 10, 1984, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CN_IFORNIA RELATING TO GENERAL LAW CITIES RESILUTION NO. 83-106 - A Resolution of the City Council of the City of Tustin, California, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO ll4E CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF TUSTIN ON TUESDAY, APRIL 10, 1984 RESOLUTION NO. 83-107 - A Resolution of the City Council 6f the City of Tustin, California, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO ~LRTERIALS SUBMITTED TO THE ELEC- 'TORATE AND THE COSTS OF THE CANDIDATES STATEMENT FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, APRIL 10, 1984 Adopted Resolutions No. 83-105, 83-106, and 83-107 as recom- mended by the City Clerk. 48 RESOLUTION NO. 83-110 - A Resolution of the City Council of the City of Tustin, California, APPROVING THE ANNUAL REPORT OF THE REDEVELOPMENT AGENCY FOR FISCAL YEAR 1982-83 Adopted Resolution No. 83-110 as recommended by the Planning Consultant. 81 PROPOSED CONTRACT FOR PUBLIC FACILITIES IMPROVEJICNTS, HOUSING AND COIIdoNITY DEVELOPMENT ACT OF 1974 (HCO) - (South "B" Street/ Mttchell area) Approved the Contract as submitted as recommended by the Com- munity Development Department. 45 PROPOSED CONTRACT FOR PUBLIC FACILITIES II~PROVEMENTS, SPECIAL JOBS BILL FUNDING - (South "B" Street/Mitchell area) Approved the contract as submitted as recommended by the Com- munity Development Department. 45 Sa RESOLUTION NO. 83-113 - A Resolution of the City Council of the City of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE IN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF MYFORD ROAD FROM THE TERMINUS OF THE MOULTON PARKWAY FAU PROJECT TO MICHELLE DRIVE Adopted Resolution No. 83-113 and directed staff to prepare an agreement for execution by both the Cities of Irvine and Tustin to provide for the construction of Myford Road between the A.T. & S.F. Rail road and Myford Road as recommended by the Director of Public Works/City Engineer. 45 9. AGREE)E#T FOR TRAFFIC SIGNAL MRX#TEILMICE Authorized the Mayor to execute the Traffic Signal Maintenance Agreement between Santa Aha and Tusttn for Red Hill at Warner, McFadden at Tustin Village Way, McFadden at Williams, and McFadden at Ritchey as recommended by the Director of Public Works/City Engineer. 45 10. RESOLUTION NO. 83-114 - A Resolution of the City Council of the City of Tustin, California, DESIGNATING PLACEMENT OF CERTAIN STOP SIGNS (Sycamore and Carfax) Adopted Resolution No. 83-114 as requested by the City Council. 94 CITY COUNCIL MINUTES Page 5, 12-19-83 11. 12. 13. REQUEST FOR RESTRICTED PARKING - I~PPERTREE CIRCLE AND CIIERRYWO00 CIRCLE NORTHERLY OF SYCA#ORE AVENUE Approved the installation of "No Parking 6:00 a.m. to 12 Noon~ Mondays during Street Sweeping Operations" signs along Pepper- :ree Circle and Cherrywood Circle northerly of Sycamore Avenue and that only warnings be issued for a period of 30 days after installation as recommended by the Director of Public Works/ Cf ty Engi neet. 75 RESOLUTION NO. 83-111- A Resolution of the City Council of the City of Tustin, California, INDICATING ITS INTENT TO IMPLEMENT HEREIN DEFINED "REASONABLE AVAILABLE CONTROL MEASURES" FROM THE 1982 REVISION OF THE AIR QUALITY MANAGEMENT PLAN FOR THE SOUTH COAST AIR BASIN Adopted Resolution No. 83-111 as recommended by the Community Development Department. 67 AOJUS1)tE#T Ill HOURLY AND RETAIIIER RATES FOR ~ CITY ATTORREY'S OFFICE Granted increases in subject fees as contained in the memo from the City Attorney, dated 11-30-83, as reviewed by the City Manager. 36 VI. VII. Consent Calendar Item No. 4 - Bullet Train EIR, Resolution No. 83-109 - Per staff's request, it was moved by Saltarelli, seconded by Edgar, that the following be tabled: RESOLUTION NO. 83-10g- A Resolution of the City Council of the City of Tustin, California, REQUESTING THE STATE DEPARTMENT OF TRANSPORTATION TO DIRECTLY CONTRACT THE PREPARATION OF THE BULLET TRAIN ENVIRONMENTAL IMPACT REPORT Carried 5-0. 101 OROIBRIICES FOR INTROI)UCTION - None OROIRAIEES FOR ADOPTION 1. EXTENSION OF BINGO LICEBSES - ORDINA#CE NO. 900 It was moved by Saltarelli, seconded by Edgar, that Ordinance No. gOO have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 9UU by the City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 900 be passed and adopted as follows: ORDIIIRI~E NO. gOO - - An Ordinance of the City Council of the City of Tustin, California, AMENDING THE llJSTIN CITY CODE RELATIVE TO EXTENSION OF BINGO LICENSES Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None None 31 SALES & USE TAX - OROI#AIICE NO. 901 The City Manager responded to Council questions. It was moved by Edgar, seconded by Saltarelli, that Ordinance No. 901 have first reading by title only. Carried 5-0. Following first reading of Ordinance No. g01 by the City Clerk, it was moved by Kennedy, sec- onded by Greinke, that Ordinance No. 901 be introduced. Motion carried 5-0. It was then moved by Edgar, seconded by Saltarellt, that Ordinance No. 901 have second reading by title only. Following second read- ing of Ordinance No. 901 by the City Clerk, it was moved b Y Kennedy, seconded by Greinke, that Ordinance No. 901 be passed ana adopted as follows: CITY COUNCIL MINUTES Page 6, 12-19-83 VIII. IX. Xe ORDINANCE NO. 901 - An URGENCY Ordinance of the City of Tustin, California, AMENDING TUSTIN CITY CODE SECTIONS 2311 TO 2318 AND ADDING-SECTION 2319 Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None None 97 NEW 1. BUSINESS HOULTON PARKWAY FAU PROJECT P,.-H032(O04) - APPROVAL OF PAJOR CON- TRACT CHANGE ORDER Pursuant to the recommendation contained in the inter-cmn dated December 12, 1983, prepared by the Engineering Division, it was moved by Saltarelli seconded by Edgar, to approve contract change order No. 10 for 'the Moulton Parkway FAd Project M-M032(O04). After a brief question-and-answer period, the motion carried 5-0. 2. WATER ~ELL LOCATION STUDY The Director of Public Works presented the staff report and recom- mendation as contained in his inter-com dated December 12, 1983. It was then moved by Edgar, seconded by Greinke, to drill two wells, at Sites 2 and 3, and delay any blending until there is an awareness of the water'quality, and that the money for the wells be funded with Redevelopment Agency funds. Council discussion followed, and the Director of Public Works responded to Council questions.. A substitute motion was made b~ Greinke, seconded by Kennedy, t6 continue the.matter to January3, 1984, and direct staff to prepare cost savings for the drilling of two wells, instead of one. Car- ried 5-0. 107 3. 1984 RISS TUSTIN TALENT SHOW AND PAGEANT AGREEMENT As recommended in the tnter-com dated December 12, 1983, prepared by the Recreation Superintendent, it was moved by Saltarelli~ sec, onded by Edgar, to approve subject agreement for the use of City facilities by the Tustin Jaycees for the 1984 Miss Tustin Talent Show and Pageant and authorize the Director of Community and Admin- istrative Services to sign the agreement. Motion carried 5-0. 45 1. PLANNING ORIISSION ACTIONS - DECE~ER 12, 1983 It was~oved by Hoesterey, seconded by Kennedy, to appeal Use Per- mit 83 25, Public Hearing Item No. I on the December 12, 1983, Planning Commission Action Agenda. Carried 4-1, Greinke opposed. 81 The remainder of the December 12, 1983, Planning Commission Action Agenda was ratified by unanimous informal consent. 80 2. REVENUE SHARING CO)~IANCE AUDIT As recommended in the inter-cmn dated December 14, 1983, prepared by the Finance Director, it was moved by Edgar~ seconded ~ Hoesterey, to receive and file subject report. Carried 5-0. OTHER BUSINESS 1. PERSONNEL I~,TTERS - RESOLUTION NO. 83-115 Pursuant to the City Manager's recommendation, it was moved by Saltarelii, seconded by Edgar, to adopt the following: CITY COUNCIL MINUTES Page 7, 12-19-83 XI. RESOLUTION NO. 83-115 - A Resolution of the City Council of the City of Tustin, California, RELATING TO THE.CLASSIFICATION, COMPEN- SATION, AND TERMS OF EMPLOYMENT OF NON-ADMINISTRATIVE AND NON- MANAGEMENT GENERAL EMPLOYEES OF THE CITY OF TUSTIN Carried 4-1, Grei nke opposed. 79 2. CABLE TV FRANCHISE - ORDXNANCE NO. 902 The City Attorney presented the staff report and recommendation as contained in his inter-com dated December 19, 1983.. Mayor Hoesterey expressed his dissatisfaction with the manner in which the matter has been handled by CommuniCom. Pursuant to the City Attorney's recommendation, it was moved by Hoesterey, seconded by Saltarelli, that Ordinance No. 902 have tlrst reading by title only. ~arrled 5-0. Following first reading of Ordinance No. gO2 by the City Clerk, it was moved by Saltarellt, seconded by Hoesterey, that Ordinance No. 902 be introduced as ~ollows: ORDINANCE NO. 902 - An Ordinance of the City of Tustin, California, A~NDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO SIX STAR CABLEVISION OF TUSTIN, INC. AND APPROVING THE TRANSFER OF OWNERSHIP FROM SIX STAR CABLEVISION OF TUSTIN, INC. TO UNITED CABLE OF SOUTHERN CALIFORNIA, LTD. After further discussion, the motion carried 3-2, Edgar and Greinke opposed. 53 3. PROTECTXVE ZDNING PERII~TER FOR PUBLIC INSTIllITIONS In accordance with Mayor Pro Tem Kennedy's request, Council con- curred to direct staff to bring before the Planning Commission dis- ~n of land uses surrounding public institutions (i.e., motels and liquor licenses near public schools). 81 4. RB)HILL AVENUE UTILIIY IJNOERf'-ROUNOING In accordance with Councilman Edgar's recommendation, there was unanimous informal consent that staff investigate redirecting Edi- son funds for utility undergroundtng from the delayed 17th Street project to Red Hill Avenue (from Sycamore to Walnut) for the January 16, 1984, meeting. 104 5. COMPUTERIZED SIGN/U_IZJiTION SYSTEM Councilman Edgar requested that staff respond to his memo on the possibility of having the same city-wide computerized traffic signal system as used by the City of Santa Ana. ~ 6. USE OF COUNTY HELFARE HORKERS IN COld, UNITY Councilman Edgar shared an article whereby the Cities of Buena Park and Santa Aha utilize County welfare recipients to perform jobs for their respective cities. The City Manager indicated staff would look into the possibility of participating in subject program. 79 Councilman Saltarelli left the meeting at 9:52 p.m. RECESS - REDEVELOPI~NT; CLOSED SESSION; AIXIOURNI~NT At 9:53 p.m. it was moved by Greinke, seconded by Hoesterey, to recess to the Redevelopment Agency, thence to a Closed Session for discussion of legal matters, and thence adjourn to the next Adjourned Regular Meeting on Tuesday, January 3, 1984. Carried 5-0. CITY CLERK MAYOR