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HomeMy WebLinkAboutCC 1 MINUTES 12-07-81~=r~ OF A ~A~ ~EETING OF ~"~ TOSTIN ~ COONCIL COUNCIL CHAMBERS 300 Centennial Way Novesd~mr 16, 1981 The meeting was called to order by Mayor Pro Tern Hoesterey at 3:10 p.m,. II. Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Hoesterey, Kennedy, Saltarelli Sharp Alan R. Watts, Deputy City Attorney william A. Huston, City Manager Mary E. Wynn, City Clerk Mike Brotemarkle, Co~. Dev. Director Ken Fleagle, Planning Consultant Bob Ledendeoker, Director of Public Works Ron Nault, Finance Director Royleen White, Co-~unity Services Director Eva Solis, Deputy City Clerk Approximately 8 in the audience III. P~- 1. Gene Shaw, District Office Manager, Automobile Club of Southern California, presented a "Special Citation for Outstanding Pedes- trian Accident Record" in the 1980 American Automobile Associa- tion Pedestrian Safety Inventory Program. Mayor Pro Tem Hoesterey accepted the award on behalf of the City and expressed thanks to the Police and Engineering Departments and to the citizens of Tustin. 84 2. P~OCL~J2LTIM - Sp~cTXn (~I"~ICS/DAMI~zUON '81 Mayor Pro Tem Hoesterey read and presented the proclamation designating sunday, November 22, 1981, as Special Ol~pics/ Dancethon '81 Day to Kathy Davis. The Community Services Direc- tor interjected that she would be participating in the Dancethon and encouraged everyone to sign her pledge card. IV. PU~,-TC COnCErNS None V. COnSeNT It was moved by Edgar, seconded by Saltarelli, to approve the entire Consent Calendar. Motion carried 4-0, Sharp absent. 1. AP~IIO~]~L ~ ~=rm~ - November 2, 1981 Regular Meeting November 9, 1981 Special Meeting 2. A~O~AL 0~ ~MAND8 in the amount of $186,979.07. ~&~ICAT~ON ~ PAXl~Q~L in the amount of $98,546.40. 5O FINAL ACCWa-rANCE QF p~mTJC IMP~OFEMENTS AND ~,-;~SE C~ __~D8, T~ACT NO. 10677 (Quail Place Development located on vandenberg Lane between Yorba Street and Prospect Avenue) Accept all public improvements within Tract No. 10677 and authorize the release of Bond No. L05-047312 - Faithful Per- formance, $6,450.00, and Bond No. L05-047312 - Labor and Materials, $3,225.00 as recon~ended by the City Engineer. CITY COUNCIL MINUTES Page 2, 11-16-81 VI. O~DI- ~ FOR 1. VII · O~I- NANC~ FOR ADOPTIG~ 1. VIII BUSINESS FINAL ~:K~.-A~CE O~ P~BLIC I~PI%O~ ~ ~.~a~ OF ~S, T~"T ~O. 10258 (Residential condominium conversion located on the easterly side of "B" s~reet between McFadden Avenue and Mitchell Avenue ) Accept all public improvements within Tract No. 10258 and authorize the release of Bond No. 9SM-552-792 - Faithful Performance, $14,600.00; B~nd No. 9SM-552-792 - Labor and Materials, $7,300.00; and Bond No. 9SM-552-794 - Monumenta- tion, $1,000.00, as reco~-ended by the City Engineer. O~INA~&~ NO. 863 - An Ordinance of the City Council of the City of Tus=in, California, ADDING SECTION 1418 TO THE TUSTIN CITY CODE REGARDING THE OFFICE OF CITY MANAGER It was moved by Edgar, seconded by Saltarelli, that Ordinance No. 863 have first reading by title c~ly. Carried 4-0, sharp absent. Following reading of the title by the City Clerk, it was moved by Kennedy, seconded by Edgar, that Ordinance No. 863 be introduced. Motion carried 4-0, Sharp absent. 35 O~9~1~a~ NO. 859 - An Ordinance of the City Council of the City of Tustin, california, ADOPTED AS AN URGENCY MEASURE PROHIBITING STRUCTLrRES IN THE R-3, MULTIPLE FAMILY RESIDENTIAL, DISTRICT IN EXCESS OF PRESCRIBED HEIGHTS WITHIN CERTAIN DISTANCES OF PROP- ERTY ZONES R-A, E-4, AND R-1. It was moved by Kennedy, seconded by Edgar, to continue Ordi- hence No. 859 to the Dec-tuber 7, 1981, meeting. Carried 4-0, Sharp absent. 81 As reco~naended by the Director of Public Works, it was moved by Kennedy, seconded by Edgar, to continue the matter to the eve- ning meeting. Carried 4-0, Sharp absent. 100 The City Manager presented the staff report and recommendation. It was then moved by Edgar, seconded by Kennedy, to approve the policy as presented in the report dated November 10, 1981, pre- pared by the City Manager. Councilman Saltarelli spoke in opposition to the expanded noti- fication radius above and beyond State requirements, but would be agreeable to a 500' radius on an as-needed basis. Councilman Edgar felt extending the norm is advantageous due to the sensi- tivity of public hearing notices. Councilwoman Kennedy felt the 500' radius would act as a safety precaution and fulfill the letter and intent of the State Code. Mayor Pro Tern Hoesterey stated the intent was to insure that affected organizations (such as homeowners' groups, business groups, etc.) were noti- fied of public hearings. The City Manager responded to Council- woman Kennedy that the computer will only store and retrieve property owner names by parcel n,~her, but will not draw a 500' radius around a specific location. A substitute motion was made by Hoesterey, seconded by Edgar, to approve the amended policy as follows: Ail property owners within 300 feet of the affected property will receive written notice of the public hearing a minimum of 10 days before the scheduled date of the hearing. Notices will also be conspicuously posted within the affected area. CITY COUNCIL MINUTES Page 3, 11-16-81 X. OTHER B~SINESS Ail homeowner associations or other local organizations representing the interests of property owners within 300 feet of the affected property shall receive written notice. 3. Ail notices of a public hearing will be sent by first class mail with the envelope or pos=card marked as follows= OFFICZAL ~OTICE A~m~ ~O~ FROPE~X PLEASE ~ADI The City may evaluate and utilize other means of providing public notices, such as computer programming and cable tele- vision (announcement of public hearings on the public ser- vice channel) which are cost-effective. Council/staff discussion followed. The Deputy City Attorney commented that by enacting a limitation in excess of State law requirements, the City may someday be challenged if it violates its own 500 foot requirement, even though it was more strict than the S~ate law. Also, there is now a more strict require- ment to check advance listings of property ownership prior to the time they become a finalized roll if it is not too burden- some on the public agency responsible for notice. Following his comments, the substitute motion carried 4-0, Sharp absent. 83 1. ~ffJ~RD (~' ~3) - 1982 Bids were solicited for the following measured quantity items: 4" Broken Line - 192,180 L.F.; 4" Solid Line - 6~,160 L.F.; 6# Solid Bike Lane - 28,540 L.F.; 8" Solid Line - 28,060 L.F.; Double solid Line - 104,393 L.F.; and Double Solid and Broken Line - 8,170 L.F. Bids were received as follows: Orange County Striping Service, Inc., Irvine J and S Sign Company, Inc., Orange Safety Striping Service, Inc., Fillmore $21,235.90 $23,666.72 $24,450.22 AS recom~ended in the memo dated Nove~ber 3, 1981, prepared by the Director of Public Works, it was moved by Edgar, seconded by Kennedy, to award the bid for street striping services to Orange County Striping Service, Inc., Irvine, in the amount of $21,235.90 effective January 1, 1982. Carried 4-0, Sharp absent. 95 APTABD OF B~) - PQ~ZC~ ~H~T v~-r~ (Funded from the Equipment/Vehicle Leasing Fund) Bids were received for a 1/2-ton van-type vehicle as follows: Villa Ford, Orange Santa Ana Ford, Santa Ana Guaranty Chevrolet, Santa Aha Bill Corwin Ford, Orange $8,953.66 $8,975.88 $9,260.65 $9,293.41 AS recom~ended in the memo dated November 3, 1981, prepared by the Director of Public Works, it was moved by Edgar, seconded by Kennedy, to award the bid for a 1982 Ford E100 1/2-ton van to villa Ford, Orange, in the amount of $8,953.66. Motion carried 4-0, Sharp absent. 87 ~QI~TIO~ NO. 81-124 - A Resolution of the City Council of the City of Tustin, CONFI~dING THE MASTER PROPERTY TAX TP~NSFER AGREEMENT FOR PROPOSED NEwPoRT/VANDERLIP ANNEXATION NO. 129 AS recommended by the City Manager, it was moved by Edgar, sec- onded by Kennedy, to adopt Resolution No. 81£124. Carried 4-0, Sharp absent. 24 CITY COUNCIL MINbT~S Page 4, 11-16-81 In response to Councilman Edgar, the Public Works Director reported that the blue reflectors used to designate location of fire hydrants were installed in County areas as a joint project with the Fire and Road Departments. To do t_his within City l~mtts would be solely financed by the City, with no financing from the County. Staff has kept this type project in mind, and if the budget is within reason, intends to suggest same towards the end of the year at a rough approximate cost of $8,000 to complete throughout the City. Councilman Edgar made reference to written correspondence from the City Attorney regarding certification of the EIR on the waste disposal site, and urged the City to continue critizing the EIR process to maintain any legal standing should the EIR be certified without the City's active critical input. The City Manager responded that staff will continue to raise objections and demand response during the EIR process. Staff has met with the County Dept. of Education encouraging them to respond which they have, and the Irvine Company has also been contacted and responded. The Community Development Director stated that staff did respond to the draft EIR within the 45 days, and the consul- tant's next step is to prepare a final EIR. Once the final EIR is prepared, a hearing will be set before the County Planning C~m~.ission to certify the EIR. At this point, there has been no response to City comments on the draft EIR. City co~nts should be included, along with the response to those comments, in a final EIR which we would then have an opportunity to review before the Planning Co~ission hearing for certification. The City Manager added that the City is waiting to respond to the final draft and will continue to stay alert on the matter. In response to Councilm~n Edgar, the City Manager indicated that correspondence to our legislative respresentatives in terms of the urgency of a Clean Water Act decision was mailed by his office o~ this date. The Public Works Director responded to Councilman Edgar that the time schedule indicated that solicitation of bids would co~ence in Nov-tuber before a consultant prepares the designs. Staff has cv~enced solicitation of bids on the E1 Camino Real design pro- ject which are scheduled to be submitted on Nov-tuber 25, with a recommendation to the Redevelopment Agency on Dec-tuber 7. On the park project, bids will be going out this month; once those are suk~itted staff will screen the~ down to six or seven consultants and conduct interviews; and the reco~endation to Council will be submitted approximately January 4, 1982. 6. ~C~A~TETRA~ ~A~ Councilwoman Kennedy reiterated Councilman Edgar's concerns on the matter, end requested that this be held in top priority. Jeffrey McElderry, Chamber of Comerce representative, reported that the Chamber of Co~nerce has written to both Supervisor Riley and Assemblyman Lewis on the matter. Assemblyman Lewis, in turn, has communicated with Supervisor Riley. Mr. McEldery continued that Assemblyman Lewis' assistant sent him 'a letter advising him of Assemblyman Lewis' actions, and was informed that it still appears the No. 1 site is in Tustin, with a deci- sion expected in December. CITY COUNCIL MINUTES Page 5, 11-16-81 It was moved by Saltarelli, seconded by Edgar, to adjourn at 4:00 p.m. to the 7:30 p.m. evening session. Carried 4-0,. Sharp absent. Ci'T~ COONCIL MBETING 7:30 P.M. I~ETING I. CALL TO ~ The City Council meeting Hoesterey at 7=30 p.m. was called to order by Mayor Pro Tem Councilpersons Present: Councilpersons Absent: Others Present= III. ~ Edgar, Hoesterey, Kennedy Saltarelli, Sharp Alan R. Watts, Deputy City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Mike Brotemarkle, Co~. Dev. Director Bob Ledendecker, Director of Public Works Charles R. Thayer, Police Chief Jeff Davis, Planning Intern Approximately 25 in the audience Plaques were presented by Mayor Pro Tem Hoesterey to Cherrill Webb for managing the Tustin Tiller Day Fair and to Terry Sorenson, repre- sentative of the Tustin Jaycees, for managing the Tustin Tiller Day Parade. 84 IV. ~C~SS It was moved by Edgar, seconded by Kennedy, ~o recess to the Plan- ning Agency at ?=34 p.m. Motion carried 3-0, Sharp and Saltarelli absent. V. ~ V~NED The meeting was reconvened by Mayor Pro Tem Hoesterey at 8:18 p.m. VI. P~BLIC ~EA~INGS 1. Appear. ~ PI.A~a.~ ~ ~CISI~ ,~-x~G VAPJ~%NC~ 81--7 (Monu- ment sign for Liquor/Deli store in Enderle Center, 17440 17~h, Suite D) The staff report was presented by the Community Develo~nent Director, recomending upholding the Planning Agency's denial of Variance 81-7. Mr. Kam Yee, applicant, explained that he is not asking for a new sign but permission to relocate a sign. Without a monument sign, the future of his store is uncertain because traffic in the center is not sufficient to support the store. Two previous variances were granted for restaurants and this sign would not be detrimental to the comunity. Two-thirds of the store is deli and one-third is liquor. Jim Shimozono, Managing General Partner of Enderle Center, sup- ported Mr. Yee's request saying that businesses in that location have had problems surviving. The Center will sacrifice a 75 sq. ft. center identification sign if the variance is granted. The public hearing was closed at 8:32 p.m. It was moved by Edgar, seconded by Hoesterey, to authorize a sign that precisely matches all dimensions of the "Ho-Ho" Restaurant sign. He justified -the motion on the basis of the large footage of the facility, dispensing of food, and deletion of a center identification sign. CITY COUNCIL MINUTES Page 6, 11-16-81 VII. P~-.-?C CON~S None VIII IX. OT~ER BUSINESS 1. Councilwoman Kennedy stated she could not support the motion because Enderle Center is setting a precedent. Salty Sam's, despite a variance for a sign, is no longer in business. The motion carried 2-1, Kennedy opposed, Saltarelli and Sharp absent. 81 PNOPOS~D ~IIZNG CODE M~NI)M~'~ FOP. TI0~8 - O~IDINANCE NO. 862 The Co~nunity Development Director recommended that this item be continued to the Dec-mher 7, 1981 meeting to coincide with the Planning Agency hearing. The public hearing was opened at 8:39 p.m. There being no c~ents or objections, it was moved by Edgar, seconded by Kennedy, to continue the public hearing to the December 7 meeting. Carried 3-0, Saltarelli and Sharp absent. 110 ~ AV~aRFaX A~ TRAFFIC The Director of public Works reported that staff had previously investigated installation of a four-way stop sign at Carfax and Sycamore and the warrants were not met. The traffic counts are between 9300 and 9800. Widening of the street was not studied, as that would increase traffic. The City has only 15 or 20 per- cent of the right-of-way to widen. If widened, some buildings would have to be remodeled or removed. The Director did not think the City could consider widening until traffic counts reach 15,000 or 16,000, and recou~aended that no additional action regarding the intersection of Sycamore and Carfax Avenue be ~aken at this time. Councilwoman Kennedy said that since the recon~endation is to do nothing at t_his t_%me, could the crosswalks and red curbing be repainted. The Director agreed to this. Suzanne Zier, 1152 Meir Lane, asked about reducing the speed limit of 35 mph on Sycamore between Red Hill and Newport. The Public Works. Director responded that speed limit studies have to be reviewed every five years, and he would check if this is one to be restudied. 100 Councilwoman Kennedy requested that staff stay informed on the possible site of a regional airport near Irvine Lake. Councilman Edgar said that there has been no analytical reports on this and it would be premature to make any reco-wendation at this time. 2. USE (~ ~ F0~DS FOR uv~,~.PASS F~DIN~ Counctlm~n Edgar acknowledged the memo from the City Attorney relating to the possibility of using existing RDA funds for the Newport Avenue overpass at Edinger but asked if there was some- thing else that needed to be done to further investigate this. The City Manager explained that the City Attorney has given the legal opinion that you can use tax increment funds outside of a project area. The real issue is the priority of the project. We have many projects that have potential. This project could lead to land acquisition and bonding. Staff will be studying these projects. CITY COUNCIL MINUTES Page 7, 11-16-81 Jeff McElderry, representative from Chamber of Commerce, asked if the City could install an at-grade crossing which would save alot of money. It was explained to h~n that staff has been pursuing this for somo tim~ but the Public Utilities Commission (PUC) has to approve it and we have not yet been able to get approval. Staff will continue co~uaua%icating with PUC. Councilman Hoesterey suggested withholding bonds until political signs have been removed within the City. Council concurred. 4. pO~.T.~ OF ~~ ~ WaT~ STREET ~EG~DI~ ~ ~ Because of confusion to Paramedics re Walnut Avenue and Walnut Street on a recent call, Councilman Hoesterey asked about ch~mg- ing the n~e of Walnut Street. The Director of Public Works responded that the City had looked into this about five or six years ago, the residents were polled, and the 100% response was that they did not want the name changed. Council concurred to poll the residen=s again. 96 Counct!man Hoesterey reported that there are quite a few bicycles that traverse the sidewalks outside City Hall and asked staff to look into signing or other possible action. Xe A~JOu~ It was moved by Edgar, seconded by Kennedy, to adjourn at 9:00 p.m. to the next regular meeting on December 7, 1981. Carried. MAYOR CITY CLERK