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HomeMy WebLinkAboutCC MINUTES 1985 02 04 MINUTES OF A REGULAR MEETING THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FEBRUARY 4, 1985 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Kennedy at 7:02 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by students of Mrs. Goeke's sixth grade class from Nelson Elementary School. ~ The Invocation was given by Councilman Hoesterey. II. ROLL CALL Councilpersons Present: Ursula E. Kennedy, Mayor Frank H. Greinke, Mayor Pro Tem Richard B. Edgar Ronald B. Hoesterey Donald J. Saltarelli Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Donald D. Lamm, Com. Development Director Charles R. Thayer, Chief of Police Ronald A. Nault, Finance Director Dale S. Wick, Assistant City Engineer Approximately 50 in the audience III. PROCLAMATIONS 1. LUIGI "GINO" POLLINI - RETIREMENT ~=' Mayor Kennedy read and presented a proclamation to Luigi "Gino" i Pollini honoring him upon retirement after twenty years of service to the City. Mr. Pollini expressed words of thanks, and Council members individually wished him well. 84 2. OFFICER OF THE MONTH - 1984 Proclamations were read and presented to Tustin Police Officers in recognition of their selection as "Officer of the Month" during 1984 by the Tustin Chamber of Commerce as follows: Investigator Ruth Dixon, Officer Jeffrey Beelet, Officer James Peery, Officer Edwin Ellett, 'Officer Kenneth Willjams, Investigator Robert LaBarge, Officer Charles Damiano, Officer Keith Artants, Officer Ronald Frazier, Officer Alexander Kiilehua, Officer Michael Tolle, and Officer Brent Zicarelli. 84 IV. CONTINUED PUBLIC HEARING 1, APPEAL OF USE PERMIT 84-27 - STORAGE FACILITY AT 550 W. 6TH STREET The Director of Community Development presented the staff report as contained in the inter-com dated January 29, 1985, prepared by the Community Development Department. He recommended that should Coun- cil concur with the land use approval (via the site plan and eleva- ~ tions), that Council take action to approve the project; and if agreeable with disposal of the 10 foot property easement, that ! staff and the City Attorney be directed to work with the applicant to draft all necessary documents subject to Council approval. A question-and-answer period followed regarding width of the ease- ment, total square footage, type of storage anticipated, parking adequacy, and recommended method of property disposal. The City Manager interjected that the City Attorney's office has determined that disposal of the easement could be a negotiated sale, and he recommended that staff be directed to negotiate sale of the easement subject to Council approval. CITY COUNCIL MINUTES Page 2, 2-4-85 Following further Council questions regarding use of storage units for band practice, the Director reminded Council that the Use Permit is revocable, should any problems arise from subject use. Mayor Kennedy opened the public hearing at 7:24 p.m. Bill Hughes, Calder, Hughes & Company (appliCant)~poke in favor of the Use Permit, noting that tenant occupancy will not be allowed and there is no electricity to individual units. Mr. Hughes responded to Council questions. There were no other speakers on the matter, and the public hearing was closed at 7:33 p.m. It was moved by Greinke, seconded by Hoesterey, to approve Use Permit 84-2/and direct sta~ to negotiate sale of the easement subject to Council approval. Council concurred that Councilman Greinke represent Council in negotiation proceedings. The motion carried 5-0. 81 AGENOA ORDER X. REPORTS' 4~ STATUS REPORT CONCERNING CALIFORNIAN APARTMENTS, 14882 NEWPORT AVE. Ronald Kohler, General Managing Partner of Californian Apartments, reported on improvements that have been made to the units since acquisition, and planned future improvements. In response to Mayor Kennedy, Mr. Kohler acknowledged the City's position that it would not allow any fees to be charged for the one assigned parking space per unit which must be provided. Mr. Kohler explained the system for providing enclosed garages with remote control operators, for which there will be a charge. Regarding posting of notices throughout the complex, Mr. Kohler stated that has been restricted to the main laundry room and mailbox areas, notices must be type- written, neat, brief, they must not contain any illustrations, and must be non-derogatory. Council acknowledged the letter dated January 31, 1985, from L'Abri Properties which was hand-delivered to Council this evening. In response to Mayor Kennedy, the Community Development Director stated staff believes that if one assigned space is provided on- site for each unit and tenants are provided access to same via a security gate access transmitter, the intent of the original law is being met. The problem will be that tenants who do not wish to rent a garage may end up being reassigned to a different location, and there will be the mechanical problem of trying to allocate parking spaces closest to the units. This issue will probably require additional meetings between tenants and landlord, in which staff will participate at Council's direction. Mr. Kohler then responded to Council questions. The following tenants voiced complaints and incidents regarding Iconditions and management at the Californian Apartments: Steve Price, 14918 NeWport Avenue #E Barbara J. Stroud, 14930 Newport Avenue #K Ron Verdic, no address given Bob Dougherty, no address given, felt conditions have improved since L'Abri Properties acquired the Californian Apartments and spoke favorably of management. Bruce Lively, Property Supervisor of Californian Apartments, reported that all ray-pac system space heaters will be replaced within the next week; parking refunds will be made on February 5, 1985, in accordance with the City ordinance; biweekly evening walk-throughs will be made to insure that all bulbs/fixtures are in working order; L'Abri plans to spend between $15,000-$20,000 on a CITY COUNCIL MINUTES Page 3, 2-4-85 new lighting system pending approval by Southern California Edison; they believe remote-contrOl gates will help security; tenants will be encouraged not to use garages for storage purposes; and any person State-certified as being handicapped will be supplied a parking garage at no charge. Councilmembers joined Councilman Saltarelli in commending L'Abri Properties on the significant improvements they have made to the complex. 43 V. CONSENT CALENDAR The City Attorney requested that Item No. 3 be removed from the Consent Calendar for consideration at a future meeting. It was moved by Hoes- terey, seconded by Edgar, to approve the remainder of the Consent Calendar. Motion carried 5-0. 1. APPROVAL OF MINUTES - JANUARY 21, 1985, REGULAR MEETING JANUARY 24, 1985, ADJOURNED REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $245,503.81 RATIFICATION OF PAYROLL IN THE AMOUNT OF $124,920.49 50 4. REJECTION OF CLAIM OF TOM SERING; D/L: 12-20-84; DATE FILED W/CITY: 1-4-85; CLAIM NO. 85-2 Rejected subject claim as recommended by the City Attorney. 40 5. RESOLUTION NO, 85-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR NEW- PORT AVENUE RESERVOIR ROOF REPAIRS Adopted Resolution No. 85-15 as recommended by the Engineering ... Department. 107 6. RESOLUTION NO. 85-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING TENTATIVE PARCEL MAP 84-1033 LOCATED AT 2911 AND 2961 DOW AVENUE Adopted Resolution No. 85-14 as recommended by the Community Development Department. 99 Consent Calendar Item No. 3 - Claim No. S & C 85-4 -In accordance with the City Attorney's request, it was moved by Hoesterey, seconded by Edgar, to defer consideration of the following to a future meeting: 3. CLAIM NO. S&C 85-4: MITSUI MANUFACTURERS BANK v. L.A. LEASING, et al. LASC CASE NO. C 481 710 Authorize the County Counsel of the County of Orange to defend the City of Tustin in the subject action pursuant to Revenue and Taxation Code Section 5149 as recommended by the City Attorney. The motion carried 5-0. 40 VI. ORDINANCES FOR INTRODUCTION .m. None. VII. ORDINANCES FOR ADOPTION 1. SATELLITE DISH ANTENNAES - ORDINANCE NO. 926 It was moved by Edgar, seconded by Greinke, that Ordinance No. 926 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 926 by the City Clerk, it was moved by Edgar, seconded by Greinke, that Ordi- nance No. 926 be passed and adopted as follows: CITY COUNCIL MINUTES Page 4, 2-4-85 ORDINANCE NO. 926 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 9270 AND 9271 OF THE TUSTIN CITY CODE BY REQUIRING A USE PERMIT AND ESTABLISHING STANDARDS AND CRITERIA FOR THE INSTALLATION OF DISH ANTENNAE Roll call vote: AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: None 109 2. EAST TUSTIN PLANNED COMMUNITY - TUSTIN AUTO CENTER - ORDINANCE NO. 927 It was moved by Greinke, seconded by Hoesterey, that Ordinance No. 927 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance NO. 927 by the City Clerk, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 927 be passed and adopted as follows: ORDINANCE NO. 927 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN REZONING AN AREA BOUNDED BY THE I-5 FREEWAY, PROPOSED JAMBOREE ROAD, PROPOSED LAGUNA ROAD, AND A LINE 192 FEET WEST OF THE EL MODENA CHANNEL, FROM PLANNED COMMUNITY TO PLANNED COMMUNITY/COMMERCIAL AS SHOWN IN EXHIBIT "A" AND INCLUDING THE INCORPORATION OF PLANNED COMMUNITY REGULATIONS FOR THE EAST TUSTIN AUTO CENTER In response to Mayor Kennedy, the Community Development Director reported that staff has been contacted by Mr. Herbert Huber, prop- erty owner along Browning Avenue, who still has serious concerns regarding the public address system, a commitment that construction of the adjacent residential project will be concurrent with the Auto Center, timing of the Jamboree Road Interchange, and the possible construction of an overcrossing at Browning Avenue. In response to Mr. Huber's concerns, the Director stated that any public address system must be approved under guidelines of a Master Plan which is still subject to Planning Commission approval and public input; if a public address system cannot be designed that will work in harmony with even new residents along Jamboree, it will not be authorized by the City. Regarding .timing of residential, The Irvine Company has committed to the fact that it wishes to build same. Unfortunately, there are many more issues to be resolved, the primary one being that of flooding and storm drainage control improvements along the Browning/Bryan intersection. 'The draft EIR will probably be released for public review within the next three weeks and come to public hearing at the end of March, early April. Staff supports that project and concurs with neighbors along Browning that it should proceed concurrently with the Auto Center. However, until it comes to public hearing, the only commitment staff can state is its support of the project. The Browning overcrossing is a potential alignment which appeared in the Auto Center environmental documents. However, neither City staff nor Council have made any type of commitment to a future overcrossing of the I-5. Should it ever be seriously considered in the future, it would be subject to public hearings and public input as required by law. At this time there's nothing more than reser- vation of land being proposed, and staff hopes it does not seri- ously concern area neighbors. The City Manager emphasized that CalTrans is supportive of the Jamboree Road interchange project, they do intend to proceed with it, and it must go through the approval process. Any reference to it as a local project has to do with funding only and does not change the fact that CalTrans will be involved in project plan- ning. As far as impact, it's important to realize that the inter- change will be phased over a three-year period and the Auto Center will be phased over a three- to five-year period, whereby the two projects will nearly dovetail. CITY COUNCIL MINUTES Page 5, 2-4-85 The Browning Avenue overcrossing was shown in the EIR only as a traffic improvement that could occur, but it has nothing to do with the Auto Center. The overcrossing is a different potential project relative to area-wide traffic, it has absolutely nothing to do with the Auto Center project, and has anentire series of considerations that would be taken up through a different process. Mrs. Alice Huber, 13882 Dall Lane, reiterated concerns she and 'her husband have regarding the Auto Center. Mayor Kennedy requested staff provide a copy of the Planned Community Regulations document to Mrs. Huber. The City Manager, Mayor Kennedy, and the Director of Community Development responded to Mrs. Huber's concerns. Councilman Greinke commended staff, particularly the Director of Community Development Director, on the professional manner in which the matter has been handled. Ordinance No. 927 was passed and adopted by the following roll call vote: AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: None 110 VIII. OLD BUSINESS 1. REVIEW OF TUSTIN COMMUNITY HOSPITAL PARKING LOT PLAN The staff report was presented by the Community Development Direc- tor as contained in his inter-com dated February 4, 1985. After a brief question-and-answer period, it was moved by Edgar, seconded by Hoesterey, to receive and file subject report. Motion carried 5-0. 81 IX, NEW BUSINESS 1. FIRE SlUDY - AUTHORIZATION TO RETAIN CONSULTANT As recommended in the inter-com dated February 4, 1985, prepared by the City Manager, it was moved by Hoesterey, seconded by Greinke, to authorize retention of the consulting firm of Hughes, Heiss & Associates to prepare the fire study. In accordance with Councilman Edgar's suggestion, the motion was amended by Hoesterey, seconded by Greink~, to authorize retention of the consulting firm of Hughes, Heiss & Association to prepare the fire study, that the consultant interview each Councilmember individually to obtain viewpoints and opinions on the matter, and that one Councilmember be appointed to participate in the study. The amended motion carried 5-0. 45 85-7 2. CITY WIDE TRAFFIC STUDY Following consideration of the inter-com dated January 30, 1985, prepared by the Engineering Division, Council concurred to schedule a workshop to discuss the City-Wide Traffic Study on February 11, 1985, at 4:00 p.m. 100 X. REPORTS 1. PLANNING COMMISSION ACTIONS -JANUARY 28, 1985 It was moved by Hoestere~, seconded by Edgar, to ratify the entire Planning Commission Action Agenda ot danuary 28, 1985. Carried 5-0. -. 80 2. WATER SYSTEM CASH FLOW ANALYSIS Pursuant to the inter-com dated January 30; 198~, it was ~ Hoesterey, seconded by Edgar, to continue consideration of subject item to February 19, 1985. Carried 5-0. 107 CITY COUNCIL MINUTES Page 6, 2-4-85 3. MID-YEAR BUDGET REVIEW As recommended in the "Mid,Year Report of Operations" dated February 1, 1985, prepared by the Finance DireCtor, it was moved by Edgar, seconded by 'Hoesterey, to appropriate from the unappropri- ated reserves of various funds, revenues and expenditures to reflect the following: Revenues Increase Revenues in the General Fund $ 262,000 Reduce Revenues inthe Revenue Sharing Fund $ (62,000) Reduce Revenues in the Gas Tax Fund $(171,000) Increase Revenues in the Sewer Trust Fund $ 1,300 Increase Revenuesin the Park & Civic Center Bonds Fund $ 16,400 Increase Revenues in the RDA Debt Service Fund $ 105,000 Expenditures IncreaseIExpenditures of the General Fund $ 226,482 Increase Expenditures of the Water Enterprise $ 24,000 Reduce Purchase Water Cost $ 265,000 Capital Improvements Increase Expenditures of the General Fund $ 15,300 Increase Expenditures of the Revenue Sharing Fund $ 215,000 Increase Expenditures of the Gas Tax Fund $ 47,000 Decrease Expenditures of the Capital Improvement Fund $ 157,117 Increase Expenditures of the Beautification Fund $ 19,700 Increase Expenditures of the RDA Fund $ 4,800 Increase Expenditures of the Water Enterprise $ 6,500 The motion carried 5-0. 29 4. STATUS REPORT CONCERNING CALIFORNIAN APARTMENTS, 14882 NEWPORT AVE. See Pages 2-3, these Minutes. XI. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session for. discussion of personnel matters. 2. MISS TUSTIN PAGEANT Councilman Hoesterey noted that the Jaycees' Miss Tustin Pageant will be held on February 23, 1985, in the Clifton C. Miller Com- munity Center Building. 3. MARINE CORPS CULINARY ARTS CONTEST Mayor Pro Tem Greinke commended the Marine Corps on the Winners of the Marine culinary arts contest held in the MCAS{H) dining hall on January 31, 1985, which he and Councilman Edgar attended. Mayor Kennedy indicated a thank-you letter would be forwarded on the Council's behalf. XII. ADJOURNMENT At 8:51 p.m. it was moved by Greinke, seconded by Hoesterey, to recess to the Redevelopment Agency, thence to a Closed Session to consider personnel matters pursuant to Government Code Section 54957, and thence adjourn to a Workshop on February 11, 1985, at 4:00 p.m. for City Wide Traffic Study, and thence to the next adjourned regular meeting on Tuesday, February 19, 1985, at 7:00 p;m. Carried 5-0. LERb)