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HomeMy WebLinkAboutMINUTES 09-20-82MINUTES ~ & ~ ~ING OF THE TOSTIN CiTY O00NCIL COUNCIL CHAMBERS 300 Centennial Way Sep~e~ex 20, 1 TO OR~ER The meeting was called to order by Mayor Edgar at 4:43 p.m. ROLL Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None Jam~s G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Mike Brotemarkle, Comm. Dev. Director Roy Gonzales, Personnel Director Ronald Nault, Finance Director Bob Ledendecker, Director of Public Works R. Kenneth Fleagle, Planning Consultant Approximately 20 in the audience III. PUBLIC C01~CERNS None. IV. & P~TATIQt~S 1 · PI~s~v£ATIO~ - ORANGE MX-x-£~ ~ AATIVE COONT~ [lOOSING AUTHORL-£/' ADVIBOR'~ COM-- Mayor Edgar presented Gloria Alm with a plaque for five years' service to the City of Tustin as Representative to the Orange County Housing Authority Advisory Comm%ttee. 84 Mayor Edgar read and presented a'proclamation designating October 1-2, 1982, as "Lions White Cane Days" to Norm Metzger, Chairman of the Tustin Lions club, Mr. Metzger thanked the Council. 84 3. PROCLA~qTIO~ - CIvLC RESPONSIBILITY ~K A proclamation declaring September 19-25, 1982, as "Civic Responsibility Week" was read and presented by Mayor Edgar to Peggy Watts, VFW Women's Auxiliary President, and Glen Ricketts, VFW Post 9203 Quartermaster. 84 RECESS - ~EVELOP~T A~ENCY The City Council recessed at 4:48 p.m. to the Redevelopment Agency. At 5:39 p.m. the City Council meeting was reconvened with all mem- bers present. HEARINGS 1o ORDINANCE NO. 879 - An Ordinance of the City Council of the City of Tustin, California, AMENDING SECTION 5133 OF THE TUSTIN CITY CODE PERTAINING TO SMOKE DETECTORS The Mayor opened the public hearing at 5:41 p.m. There being no speakers on the matter, the public hearing was closed. It wes then moved by Kennedy, seconded by Hoesterey, that Ordi- nance No. 879 have first reading by title only. Carried 5-0. Following reading of the title of Ordinance No. 879 by the City Clerk, it was moved by Kennedy, seconded by Hoesterey, that Ordinance No. 879 be introduced. Motion carried 5-0. 81 CITY COUNCIL MINUTES Page 2, 9-20-82 2e VI o O~)INANCE ~O. 880 - An Ordinance of the City Council of the City of Tustin, California, AMENDING SECTIONS 1704 AND 3203(f) OF THE UNIFORM BUILDING CODE, 1979 EDITION, PREVIOUSLY ADOPTED BY ORDI- NANCE NO. 835 OF THE CITY OF TUSTIN The Mayor opened the public hearing at 5:45 p.m. The following persons spoke on the matter: Kathy Weil, 1702 Suamaerville, stated the ordinance is not quite strong enough and should require Class B, because Class C is still flammable. Bill Marshall, representing the Committee for Firesafe Roofing and the Asphalt Roofing Manufacturers, recommended that Council adopt the Class C as opposed to Class B due to cost factors, stating that although T~stin does have heavy winds, there is not the heavy brush factor from the foothills. The recommendation from the industry in this particular area is that Class C is adequate, particularly for reroofing. There being no other speakers on the matter, the public hearing was closed. It was moved by Saltarelli, seconded by Hoesterey, that Ordinance No. 880 have first reading by title only with the insertion of 25% versus 10% for replacement. Carried 5-0. It was then moved by Kennedy, seconded by Edgar, that Ordinance No. 880 be introduced as amended. Carried 4-1, Greinke opposed. It was moved by Saltarelli, seconded by Hoesterey, that the entire consent Calendar be approved. Kennedy and Saltarelli abstained on Item 1. Carried 5-0. September 7, 1982 2. ~a~IFICATIO~ ~ PAFRO~L in the amount of $93,608.78. APPROVAL (~ D~Wa%~)S in the amount of $99,770.3,1. 4e 50 RESOI~TIO~ NO. 82-71 - A Resolution of the City Council of the City of Tustin, California, APPROVING SPECIFICATIONS FOR THE ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR P~DGRAM Adopt Resolution No. 82-77 as recommended by the Engineering Department. 95 VII. OEDI- NANCES FOR i~uDD~CTIO~ None · ~EA~PNOp~IATIO~OA~Y-~v~KFI~CAL~lg~l-82APPNOP~IATI(H~S Reappropriate the following unexpended appropriations from fiscal year 1981-82 into the current fiscal year 1982-83 adopted appropriations: General Fund, Operations - $11,600, Capital Improvements - $3,150, Total $14,750; Park Develop- ment Fund, Capital Improvements - $134,618; and Water Fund, Capital Improvements - $130,400. Total reappropriation of Governmental Funds - $279,768 29 ~ST FOR PAg~]I~Y ~ ~g~OVAL B~ ~0~O~ (14211 DeBusk Ln.) Removal of the tree by the City as requested and repair the concrete damage to the curb and gutter. 86.1 EESO~tTION NO. 82--78 - A Resolution of the City Council of the City of Tustin, APPROVING FINAL PARCEL MAP NO. 82-1026 ("C" Street Parking Structure and Plaza) Adopt Resolution No. 82-78 as recommended by the Community Development Department. 99 A~A~OP. Ita~TI~ TO ~ AG~T ~A'A~ ~ pv~a~.~ Authorize the Mayor to execute subject agreement as recom- mended by the City Manager. 45 CITY COUNCIL MINUTES Page 3, 9-20-82 1,, 4e O~DINAN(~ NO. 875 - An Ordinance of the City Council of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO THE REGULATION OF SECURITY BUSINESSES It was moved by Hoesterey, seconded by Kennedy, that Ordinance No. 875 have second reading by title only. Carried 5-0. Following reading of the title of Ordinance No. 875 by the City Clerk, it was moved by Hoesterey, seconded by Kennedy, that Ordinance No. 875 be passed and adopted. Councilman Greinke stated that his concerns voiced at the September 7 meeting had been addressed and the ordinance had been corrected. Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None None 82 OBDINANCE NO. 8?6 - An Ordinance of the City Council of the City of Tustin, APPROVING THE RE-ZONING OF THE PROPERTY LOCATED ON THE SOUTH SIDE OF MAIN STREET BETWEEN "B" AND "C" STREETS SOUTHERLY FROM MAIN ON "B" FOR 366 FEET AND SOUTHERLY FROM MAIN ON "C" FOR 304 FEET, FROM THE MULTIPLE-FAMILY RESIDENTIAL (R-3) DISTRICT TO THE PROFESSIONAL OFFICE (PR) DISTRICT ( Stevens ~quare ) It was moved by Kennedy, seconded by Hoesterey, that Ordinance No. 876 have second reading by title only. Carried 5-0. Following reading of the title of Ordinance No. 876 by the City Clerk, it was moved by Kennedy, seconded by Hoesterey, that Ordinance No. 876 be passed and adopted. Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None None 110 O~INANCE NO. 877 - An Ordinance of the City Council of the City of Tustin, APPROVING THE RE-ZONING OF THE PROPERTIES LOCATED AT 17311 AND 17341 MCFADDEN STREET FROM MULTIPLE-FAMILY RESIDENTIAL (R-3) DISTRICT TO COMMERCIAL GENERAL-PLANNED UNIT DEVELOPMENT (CG-PUD) DISTRICT It was moved by Saltarelli, seconded by Kennedy, that Ordinance No. 877 have second reading by title only. Carried 5-0. Following reading of the title of Ordinance No. 877 by the City Clerk, it was moved by Hoesterey, seconded by Greinke, that Ordinance No. 877 be passed and adopted. Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None None 110 O~INANCE NO. 878 - An Ordinance of the City Council of the City of Tustin, APPROVING THE RE-ZONING OF CERTAIN PROPERTIES F~DM C-1 TO CG DISTRICT AT THE NORTHEASTERLY CORNER OF NEWPOR~ AVENUE AND MITCHELL AVENUE It was moved by Hoestere¥, seconded by Kennedy, that Ordinance No. 878 have second reading by title only. Carried 5-0. Following reading of the title of Ordinance No. 878 by the City Clerk, it was moved by Hoesterey, seconded by Greinke, that ordinance No. 878 be passed and adopted. Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None None 110 CITY COUNCIL MINUTES Page 4, 9-20-82 IX. OLD BUSINESS 1. S~ ~ - MAIN ~ AND ~AN A~E & O~DINANCE NO. 873 The Director of Public Works presented the staff report and recommendation as contained in his report dated September 15, 1982. It was then moved by Saltarelli, seconded by Greinke, that the speed liatit be increased to 40 mph. Council discussion followed. The Mayor suggested that the Police Department provide monthly reports on ticketing of speed- ers in the area. The motion carried 5-0. (A formal motion for first reading and introduction of Ordinance No. 873 was made later in the meeting, see below.) 100 "'-~ v~,~# O~ANGE CO~NT~ ALC0~O~IC ~O~N'S ~ABXLZTATI~ ~-- TER, I~C. AS recon~ended in the report dated Sept---her 14, 1982, prepared by the Chief of Police, it was mmved by Saltarelli, seconded by Hoesterey, to assist "The Villa" with revenue sharing money in the a~o~nt of $2,500. The City Manager interjected that staff reco~ends continuance of this item. Council concurred and the Motion was Withdrawn. 29 (CTHF) It was moved by Saltarelli, seconded by Hoesterey, to assist CTHF with revenue sharing money in the amount of $5,000 as reco~z~ended by the Chief of Police in his report dated August 9, 1982. Following a brief discussion period, the motion carried 4-1, Greinke opposed. 29 As recommended in the report dated September 14, 1982, prepared by the Director of Public Works, it was moved by Saltarelli, seconded by Kennedy, to authorize the Director of Public Works to execute all required right-of-way certification documents pertaining to the Moulton Parkway/Irvine Center Drive Realign- ment Federal Aid Urban (F.A.U.) Project. Carried 5-0. 95 OLD B~SINE~ 1. SP~ ~ - ~ ST;m~T & BEZAN A~UE A~D O~INANCE NO. 873 - An Ordinance of the City Council of the City of Tustin, Cali- fornia, REVISING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS In accordance with the City Manager's direction, it was moved by Hoesterey, seconded by Kennedy, that Ordinance No. 873 have first reading by title only. Carried 5-0. Following reading of the title of Ordinance No. 873 by the City Clerk, it was moved by Hoesterey, seconded by Kennedy, that Ordinance No. 873 be introduced. Motion carried 5-0. 100 XI. 1. Following consideration of the report dated September 14, 1982, prepared by the Finance Director, the report was received and filed by unanimous informal consent. In response to Councilman Saltarelli, the City Manager indicated staff will check on the feasibility of buying back the bonds and the legal implications of same. 50 CITY COUNCIL MINUTES Page 5, 9-20-82 XII. ~ B~$INESS 1. 2m Z(I~tq~I~,STRX~I~S Council concurred with Councilman Saltarelli that the following statement of policy be adopted: Notwithstanding other provi- sions of the Zoning Code, whenever a project comes up that is not within zone, the more restrictive standards of any zones under which it may be approved must apply (relative to height, parking, open space, etc. ) · 130 Councilman Saltarelli requested that staff prepare a proclama- tion for presentation to Dr. Sosin for beautification of an old house at Newport and Mitchell. Council concurred. 84 In reference to the memo dated September 17, 1982, prepared by the Community Development Director, regarding the Aeroj et Ordnance Company to be located at 2521 Michelle Drive, it was moved by Kennedy that the Aero jet Ordnance Company use be agendized for review of possible limitations so that the company does not expand or change use without Council approval. The motion died for lack of a second. Council/staff discussion followed. Councilman Hoesterey did agree, however, that the use should be reviewed periodically. The Community Development Director assured Council that the Fire Department conducts rigorous, frequent inspections of uses involving potential explosives or volatile chemicals, and in this instance will insure that no other ordnance will be brought in that is not in accordance with what has been approved. 81 Mayor Pro Tem Kennedy expressed concern over low-flying aircraft over Tustin Meadows when there is low cloud cover and requested that a letter of objection be sent to the appropriate offi- cials. Councilman Saltarelli adde~ that helicopters were also flying low over Peppertree and Tustin Meadows. The Director of Public Works identified the commercial jets as being Republic Airlines. The City Manager suggested that a letter be sent to the County Noise Abatement Officer requesting that they explain the policy during low cloud cover conditions. Mayor Pro Tern Kennedy suggested publishing a letter in Tustin Today on the matter and Councilman Saltarelli suggested notifying the Base Commander regarding the helicopters. Council concurred. 101 5. P~aa~IOW - SaziZOR CITI~-I$ DAY In accordance with Councilman Hoesterey's request, Council con- curred to present the American Association of Retired Persons with a proclamation designating Thursday, October 21, 1982, as "Senior Citizens Day." 84 6. OLD CO~NT~ CO~Jl~r.L'uOffSE It was moved by Greinke, seconded by Kennedy, that staff prepare a resolution for the next regular meeting supporting the County in keeping control of the Old County Courthouse and preventing the State from acquiring same. Carried 5-0. 67 The motion by Edgar to authorize the Mayor to sign a letter sug- gesting an airport off the Bolsa Chica coast died for lack of a second. It was Council's consensus to keep a low profile on the issue for the time being on this sensitive issue. Mayor Edgar indicated he would contact Mayors of the affected cities and obtain their feelings on the matter. 101 CITY COUNCIL MINUTES Page 6, 9-20-82 Mayor Edgar suggested placing street identification signs on Bryan Avenue for travelers proceeding west that Main Street branches to the left and Bryan Avenue continues to the right. Council concurred. 94 ADJOURnMeNT It was moved by Hoestere¥, seconded by Saltarelli, to adjourn at 6:27 p.m. to the next regular meeting on October 4, 1982. Carried 5-0. Sept~mb~ 20, 1982 2o CALL ~O OHDBR The meeting was called to order by Chairman Edgar at 4:48 p.m. in the City Council Chambers, 300 Centennial Way, Tustin, California. Agency Members Present: Agency Members Absent: Others Present: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None James G. Rourke, City Attorney William A. Huston, Exec. Director/City Manager Mary E. W!rnn, Recording Secretary/City Clerk Mike Brotemarkle, Community Development Director Ronald Nault, Finance Director Roy Gonzales, Personnel Director Bob Ledendecker, Director of Public Works R. Kenneth Fleagle, Consultant Approx{mately 20 in the audience It was moved by Edgar, seconded by Hoesterey, to approve the minutes of the September 7, 1982, meeting. Carried 3-0, Kennedy and Saltarelli abstaining. It was moved by Hoesterey, seconded by Greinke, to approve General Demands for the month of July, 1982, in the amount of $181,039.71 as reco~m%ended by the Director of Finance. Motion carried 5-0. 5. 1~[j,~v~,x,O~¥~ ~ CAPITAL :[M~I~LJ¥~IT PROGRAM Pursuant to the Director of Public Works' recommendation contained in his report dated September 13, 1982, it was mDved by Hoesterey, seconded by Kennedy, to not accelerate the Prospect Avenue Relief Drain into the cur- rent fiscal year Redevelopment Agency Capital Improvement Program. Car- ried 5-0. It was then moved by Edgar, seconded by Hoestere¥, to appropriate $55,000 from the Redevelopment Fund balance for the signal improvement project at the corner of Prospect Avenue and First Street. The Director of Public Works clarified what signal improvements are needed. The motion carried 5-0. 81 I~DpRoppJu~TIO~ (~ CARRY-~vsK FIS~A~ YEAR 1~1~2 AP~ROPRIATIOHS FROM TUSTIN CCSS~NITY ~iv~bOPM~T AGENCY As recommended in the report dated September 15, 1982, prepared by the Finance Director, it was moved by Saltarelli, seconded by Hoesterey, to reappropriate $825,245 for the unexpended appropriations from Fiscal Year 1981-82. Carried 5-0. 29 A~-~ORI~ATIOH TO ~AIN M~GE, BOSE, ~--uRIE & ALEXANDER AHD R0u~ & WOODRuFF AS BO~D C0~H~ Following consideration of the report dated September 15, 1982, prepared by the Executive Director, it was moved by Saltarelli, seconded by Hoesterey, to authorize retention of Mudge, Rose, Guthrie & Alexander and Rourke & Woodruff as the Agency's bond counsel in connection with the issuance of tax allocation bonds by the Agency. Motion carried 5-0. 45 REDEVELOPMENT AGENCY ~.4UTES ~ Page 2, 9-20-82 A~THO~IZA~IO~ TO ~£AIN ~-T-~R & SC~OEDER ~UI~ICIP~T-~, INC., A~ BO~D FINANCIAL CO~S~LTA~T Pursuant to the recommendation contained in the report dated September 17, 1982, prepared by the Executive Director, it was moved by Saltarelli, sec- onded by Hoestere¥, to authorize the Chairman to execute an agreement with Miller & Schroeder Municipals, Inc., to serve as the Agency's financial consultant in connection with the issuance of tax allocation bonds and to provide technical assistance to the Agency's bond counsel. The motion carried 5-0 · 81 9. PN~TECT P~ZO~-TIES Following lengthy Agency/staff discussion and a question-and-answer period regarding the ability to change priorities at a later date, it was moved by Saltarelli, seconded by Hoesterey, to adopt the following project priorities: 1. Land Acquisition 2. Senior Citizen Housing 3. Columbus Tustin Park/Co--unity Center 4. Undergrounding of Utilities (area bounded by Holt/Irvine Boulevard/Newport Avenue) 5. Parking Structure 6. Water System Improvements (within the Town Center Project Area) 7. Repayment of General Fund Loan $1,800,000 200,000 1,000,000 750,000 1,000,000 500,000 lf125,000 TOTAL $6,375,000 The motion carried 5-0. 81 10. AOTHO~ZZATIO~ TO uuK,-?SH NOTIC~ OF SALE 0~ ~%X A~J~OC~TION B~tDS The Executive Director presented the staff report and recommendation. Mr. Saltarelli raised questions pertaining to insurance, ratings, and cost. The City Attorney provided information on Proposition 4 require- ments. Further Agency/staff discussion followed. It was then moved by Edgar, seconded by Kennedy, to authorize and direct the Executive Director to publish notices of sale of tax allocation bonds by the Agency. In response to Mr. Saltarelli's concern re issuing bonds at an 11% inter- est rate in an unfavorable market, the Executive Director stated that it could very well be that when bids are awarded, the rate will be well under 11%. If not, the Agency has the option to reject bids at that time. The motion carried 5-0. 81 11. AGI;NC2' COBC~5 E1 Cam~no Real/Main Street Improvements Project - Mr. Greinke opened discussion regarding complaints from merchants in the downtown area on the E1 Cam~no Real/Main Street Improvements Project and stressed that the City should require the contractor to provide temporary ramps for easier access into the businesses. The Director of Public Works responded to the complaints and provided a status report on the proj- ect's progress. Jeffrey McElderry, 10351 Mira Vista, Santa Ana, representing Tustin Chamber of Commerce, requested the City's assistance to merchants in letting the public know that they are open during construction. The Agency felt Mr. McElderry's suggestion to place signs to this effect was excellent. The Executive Director added that staff has advised any merchant who has called in that they do not have to worry about sign permits, as long as the temporary sign is safe. The Director of Public Works suggested that the Chamber provide the proper wording for the signs to be placed by the City at both ends of the construction area so that they are uniform in size and wording. Agency concurred. The Chairman requested that the City Attorney provide legal counsel on what the Agency can do financially to assist the merchants impacted by the street construction downtown. 81 REDEVelOPMENT AGENCY MINUTES Page 3, 9-20-82 Site Development Informational Signs - Mr. Hoesterey suggested that staff investigate the possibility of requiring informational signs at development sites to enhance people's awareness of what is happening in the City. Ce E1 C~m~no Real/Main Street Ribbon-Cutting Ceremony - It was moved by Edgar, seconded by Kennedy, that staff plan a ribbon-cutting ceremony, to include a plaque presentation to the TNT Committee~ UpOn completion of the E1 Camino Real/Main Street project. Carried 5-0. 81 It was moved by Kennedy, seconded ~y Ho.stet.y, to adjourn at 5:39 p.m. to the next regular meeting on October 4, 1982. Carried 5-0.