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HomeMy WebLinkAboutCC MINUTES 1984 12 18 MINUTES OF ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECEMBER 18, 1984 Io CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Kennedy at 7:01 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Hoesterey, and the Invocation was given by Mayor Pro Tem Greinke. 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 Thomas J. Woodruff, Assistant City Attorney Mary E. Wynn, City Clerk Donald D. Lamm, Com. Development Director Robert S. Ledendecker, Dir. of Public Works Charles R. Thayer, Chief of Police Ronald A. Nault, Finance Director Royleen A. White, Di r. of Com. & Admin. Srvcs. Approximately 40 in the audience III. PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING - REVOCATION OF USE PERMIT NO. 80-21, WINDSOR GARDENS APARTMENT CONDOMINIUM CONVERSION The Community Development Director presented the staff report and recommendation as contained in the inter-com dated December 17, 1984, prepared by the Community Development Department. Council viewed slides of the project which were narrated by the Community Development Director. The public hearing was opened at 7:06 p.m. There were no speakers On the matter. It' was moved by Greinke, seconded by Edgar, to continue the open public hearing to January 21, 1985. Motion carried 5-0. 43 2. ZONE CHANGE 84-8 - ORDINANCE NO. 925 The staff report and recommendation were presented by the Community Development Director as contained in the December 18, 1984, inter- com prepared by the Community Development Department. The public hearing was opened at 7:11 p.m. Ricardo Capretta, Assistant Project Manager, Paragon Group, was present to answer Council questions. There were no other speakers on the matter, and the public hearing was closed. It was moved by Greinke, seconded by Edgar, that Ordinance No. 925 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 925 by the City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 925 be introduced as follows: ORDINANCE NO. 925 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REZONING FROM P.C. INDUSTRIAL TO P.C. INDUSTRIAL/BUSINESS FOR THE PROPERTIES KNOWN AS 15901, 15941, 15991 REDHILL AVENUE Motion carried 5-0. 110 CITY COUNCIL MINUTES Page 2, 12-18-84 IV. PUBLIC INPUT 1. AIRPORT EXPANSION CONCERNS Barbara Lichman, Executive Director of the Newport Beach-based organization known as Airport Working Group of Orange County, which represents 30 homeowners' associations in Newport Beach and around the State of California, expressed concerns regarding the proposed expansion of John Wayne Airport and the resulting effects~it will have on Tustin. She offered the following solutions: 1. Controlled expansion of John Wayne Airport. They would like to see a maximum of 55 flights, i.e., guaranteed limits, legally' invoked through joint powers agreements involving all communi- ties around the airport. 2. Physical facility limitations, downgrading the terminal facil- ity size so it can't handle 228 or 250 flights a day over New- port Beach and Tustin. 3. An additional airport site elsewhere. The City of Newport Beach has joined the Inter-county Airport Authority which sup- ports the development of an airport at Chino Hills. It is one solution, it is not the only solution, but if there is not another airport site found quickly, it will mean the deteriora- tion and ultimately the destruction of both communities. Council thanked Ms. Lichman for her input. 101 AGENDA ORDER X. REPORTS 3. CALIFORNIAN APARTMENTS - STATUS REPORT With Council consensus this item was considered out of agenda order at this point in the meeting. Barbara J. Stroud, 14930 Newport Avenue #K, spoke in opposition to imposition of a surcharge for parking spaces and/or garages by the owners, unfair rent increases, and substandard and hazardous living conditions. The Community Development Director reported that staff met with the property owner and informed him that the project was built with 404 parking spaces for 293 units (1.5 spaces per unit) which are all for tenants and they should not be precluded from using same. The property owner responded they will provide I space to every tenant, the balance they are proposing to charge for, with which staff disagrees. The Director stated that with Council's concurrence, staff will address a letter to the manager informing him of con- cerns. He noted the project was originally constructed with 1 parking space for each one-bedroom unit, and 1.5 spaces for each two-bedroom unit. The carports were assigned, but open spaces were for all tenant and guest parking. The proposal now is to make them all assigned spaces with guests parking in the front either along Newport Avenue or in about 15 spaces outside the security gates. This will encourage tenants to park on Newport Avenue, which is not in the best interest of the community. The following tenants complained about hazardous living conditions, relayed unpleasant incidents, and protested rent raises which have occurred at the Californian Apartments: Terry Bennett, no address given Eduardo Cardenas, 14928 Newport Avenue, #E Paula Ayres, 14890 Newport Avenue, #D Yvette Archie, 14914 Newport Avenue, #H Sylvia Sanasarian, 14902 Newport Avenue, #F Greg Iorio, no address given In response to Council concerns, the Community Development Director responded that the new property manager acquired a project with major problems, i.e., it had reached a point of over 100 vacant units in a state of disrepair. County Health and Fire Departments have conducted inspections on numerous occasions. Tenants should CITY COUNCIL MINUTES Page 3, 12-18-84 relay specific problems to either City staff or the County Health Department. The units have inherent problems in design from the standpoint of space and water heating, cooling system, etc. The Director felt it unethical to charge for parking spaces, and with Council direction, staff will address a request to L'Abri Manage- ment to recover additional expenses in another fashion. The Direc- tor narrated slides showing exterior changes from one year ago to the present. It was moved by Hoestere~, seconded by Edgar, that the Council determines that the intent of the City ordinance is that parking spaces as required by the Zoning Ordinance must be available with- out levying a charge for their use; that the owners of the Californian Apartments give the tenants a timetable of their plans for improvements; and that staff suggest to the owners that present tenants be given first option of moving into refurbished apart- ments. Mayor Kennedy said that she would contact the managers and try to obtain a written plan when each phase is completed and it will be given to tenants. It was indicated that the two contact people for tenants are: Steve Price, 14918 Newport Avenue, and Barbara Stroud, 14930 Newport Avenue #K. Steve Price, 14918 Newport Avenue, spoke in opposition to actions of the management in tearing down notices placed by the tenants, rent increases, and insensitivity to tenant concerns. The motion carried 5-0. 43 IV. PUBLIC INPUT 2. COMPLAINTS ABOUT DEVELOPMENT AT 545 "B" STREET Charles W. Anderson, 255 West Sixth Street, complained about weeds, destruction of trees and plants, fence being torn down, trash thrown against his house, and mud piled in his yard covering his ladder and other equipment, from development at 545 South "B" Street. Mr. Anderson added that a retaining wall was to have been installed, but has not been done. He was also concerned about the windows not being screened as agreed upon when the project was approved. The Community Development Director said that he would check into Mr. Anderson's concerns. 81 V. CONSENT CALENDAR The City Engineer requested that Item No. 6 be removed from the Consent Calendar. Mayor Kennedy and Mayor Pro Tem Greinke registered an abstention on Item No. 1. It was moved by Hoesterey, seconded by Edgar, to approve the Consent Calendar with the exception of Item 6. Carried 5-0. 1.APPROVAL OF MINUTES - DECEMBER 3, 1984 (Greinke and Kennedy abstained.) 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $213,539.46 RATIFICATION OF PAYROLL IN THE AMOUNT OF $111,207.36 50 3. REJECTION OF CLAIM OF KENNETH S. GOH; DATE OF LOSS: 4-23-84; DATE FILED: 7-16-84; CLAIM NO. 84-19 Rejected subject claim as recommended by the City Attorney. 40 4, REJECTION OF CLAIM OF H, R. ROLF WEILAND; DATE OF LOSS: 8-29-84; DATE FILED: 11-27-84; CLAIM NO. 84-26 Rejected subject claim as recommended by the City Attorney. 40 5. RESOLUTION NO. 84-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING AGREEMENT FOR COST SHARING OF STATE HIGH- WAYS IN THE CITY OF TUSTIN Adopted Resolution No. 84-104 subject to the City Attorney's final approval as recommended by the Director of Public Works/ City Engineer. 45 84-57 CITY COUNCIL MINUTES Page 4, 12-18-84 7. COLUMBUS.-TUSTIN WELL SITE - ELECTRICAL UTILITY EASEMENT Authorized the Mayor to execute a Grant of Easement to the Southern California Edison Company for the installation and maintenance of an electrical utility service to the Columbus- Tustin wellsite as recommended by the Director of Public Works/City Engineer. 49 8. PROPOSED ANNEXATION NO. 105 (MEDFORD/GROVESITE) Authorized staff to advertise a public hearing for January 7, 1985, on the City Council's intent to adopt a resolution of application for subject Annexation No. 105 to the City of Tustin as recommended by the Community Development Department. 24 9. RESOLUTION NO. 84-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING PARCEL MAP 83-1027 LOCATED AT 1122-1192 LAGUNA ROAD Adopted Resolution No. 84-102 as recommended by the Community Development Department. 99 10. RESOLUTION NO. 84-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING PARCEL MAP 84-1027 LOCATED AT 18231 IRVINE BOULEVARD Adopted Resolution No. 84-103 as recommended by the Community Development Department. 99 11, CORRECTION OF CITY COUNCIL MINUTES OF NOVEMBER 5, 1984 Reworded the last paragraph of Item No. 1, Continued Public Hearings, General Plan Amendment 84-4D - Recreation Element of the Tustin General Nan, to read "Following further discussion, a second substitute motion was made by Edgar, seconded by Saltarelli, to approve General Plan Amendment #84-4D, Recrea- tion Element of the Tustin General Plan, with a minimum dedica- tion standard of three acres per one thousand population, a desired ratio of 1.5 acres of community parks for every 1.5 acres of neighborhood parks, and a minimum size standard for private neighborhood park credits of one acre," as recommended by the Director of Community and Administrative Services. Consent Calendar Item No. 6 - Request for Parking Time Zone - The Director of Public Works reported that four-hou~ restricted parking has been requested by the Tustin Meadows Homeowners Association. When staff wrote the report, it was for "Four Hours Any Time," and the Home- owners group has since raised concern that the four hours could create problems in the evening hours so it was suggested that it be from 6:00 a.m. to 6:00 p.m. Councilman Saltarelli stated that this is an attempt to prevent people from parking cars for sale but there is a City Ordinance that covers that. If the existing ordinance in enforced, there is no need for this. Mayor Kennedy commented that the courts do not recognize the validity of the City ordinance. It was moved by Edgar, seconded by Saltarelli, to continue this item until the validity of the ordinance has been determined. 6. REQUEST FOR PARKING TIME ZONE Continued the installation of signing to restrict On-street parking to "Four Hours Any Time" on both Devonshi re Avenue and Roanoke Avenue adjacent to Centennial Park. Carried 5-0. 75 VI. ORDIN/UtCES FOR INTRODUCTION None. CITY COUNCIL MINUTES Page 5, 12-18-84 VII. ORDINANCE FOR ADOPTION 1. ZONE CHANGE 84-7 - NORTHWEST PORTION OF 1372 IRVINE BOULEVARD FROM P&Z TO THE PR ZONE - ORDINANCE NO. 924 It was moved by Hoesterey, seconded by Saltarelli, that Ordinance No. 924 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 924 by the City Clerk, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 924 be passed and adopted as follows: ORDINANCE NO. 924 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REZONING THE NORTHWEST PORTION OF 1372 IRVINE BLVD. FROM PUBLIC & INSTITUTIONAL DISTRICT (P&I) TO THE PROFES- SIONAL DISTRICT (PR), AS SHOWN IN EXHIBIT "A" Roll Call Vote: AYES: Edgar, Greinke, Hoestery, Kennedy, Saltarelli NOES: None ABSENT: None 110 VIII, OLD BUSINESS None. IX. NEW BUSINESS 1. AWARD OF BID - TRAFFIC SIGNAL INSTALLATION AND MODIFICATION AT VARIOUS INTERSECTIONS Bids for subject project were received as follows: Steiny & Company, Inc., Fullerton $72,222.00 JRj Construction Company, Anaheim $74,785.00 Perry Electric, Spring Valley $75,368.00 Grissom & Johnson, Irvine $75,700.00 Paul Gardner Corporation, Ontario $76,267.00 It was moved by Saltarelli, seconded by Edgar, to award the con- tract for subject project to Steiny & Company, Inc., Anaheim, in the amount of $72,222.00 and authorize a supplemental budget appro- priation of gasoline tax funds to the 1984-85 budget in the amount of $16,200.00 as recommended by the Director of Public Works/City Engineer. Carried 4-0, Greinke abstained. 94 2. AWARD OF CONTRACT - F.Y. 1984-85 PAVEMENT REHABILITATION & ASPHALT CONCRETE OVERLAY PROGRAM Bids for subject project were received as follows: R. J. Noble Company, Orange $229,452.56 Sully-Miller Company, Orange $230,593.13 Blair Paving, Inc., Ariahelm $240,964.16 It was moved by Saltarelli, seconded by Edgar, to award the con- tract for subject project to R. d. Noble Company, Orange, in the amount of $229,452.56 and authorize staff to add additional work to contract to utilize all of the funds which have been allocated for this project as recommended by the Engineering Department. Carried 4-0, Greinke abstained. 95 X. REPORTS 1. PLANNING COMMISSION ACTIONS - DECEMBER 10, 1984 It was moved by Edgar, seconded by Kennedy, to appeal Public Hear- ing No. 4, Use Permit 84-27, 550 West Sixth Street, because the resolution did not have a very thorough dissertation on the water easement and how it is going to be addressed and controlled. Carried 5-0. 81 CITY COUNCIL MINUTES Page 6, 12-18-84 It was moved by Edgar, seconded by Hoesterey, to approve the remainder of the December 10, 1984, Planning Commission Action Ageride. Carried 5-0. 80 2. 1983-84 REDEVELOPMENT ANNUAL REPORT It was moved by Saltarelli, seconded by Hoestere~, to receive and file the report as recommended in the inter-com dated December 11, 1984, prepared by the Finance Director. Carried 5-0, 81 3. STATUS REPORT CONCERNING CITY PARKING STRUCTURE The Community Development Director responded to Councilman Greinke that Gfeller Company is paying for the costs of checking the status of the structure and at a later date the City will know if it will incur any expenses. It was moved by Saltarelli, seconded by Hoesterey, to receive and file the inter-com dated December 11, 1984, prepared by the Com- munity Development Department on subject item. Carried 5-0. 81 4. STATUS REPORT - CALIFORNIAN APARTMENTS Discussion recorded on Pages 2-3 of these minutes. 5. JOHN WAYNE AIRPORT EIR, SECOND SUBMITTAL Following consideration of the inter-com dated December 10, 1984, prepared by the Community Development Department, it was moved by Saltarelli, seconded by Hoesterey, to receive and file same. Carried 5-0. 101 6. SANTA ANA TRANSPORTATION CORRIDOR MULTI-MODAL ALTERNATIVE ANALYSIS/ DRAFT ENVIRONMENTAL IMPACT REPORT - PRELIMINARY FINDINGS REPORT It was moved by Saltarelli, seconded b Hoestere~, to receive and file the inter-rum dated December 7, 19~4, prepared by the Di rector of Public Works on subject item. Carried 5-0. 101 7. 1983-84 COMPREHENSIVE ANNUAL FINANCIAL REPORT It was moved by Saltarelli, seconded by Hoesterey, to receive and file subject report as recommended in the inter-com dated December 12, 1984, prepared by the Finance Director. Carried 5-0. 50 8. CORRECTION TO FIRST QUARTER FINANCIAL REPORT OF l984-85 OPERATIONS It was moved by Saltarelli, seconded by Hoestere~, to receive and file subject report. Carried 5-0. 29 XI. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session for discussion of personnel matters. 2. COMMENTS ON CHRISTMAS DECORATIONS Councilman Edgar commented that the Christmas decorations were all in place and there had been no complaints. 3. REZONING OF YORBA STREET BETWEEN FIRST AND IRVINE It was moved by Edgar, seconded by Greinke, that staff begin pro- ceedings for an overlay zone of Professional for the property on Yorba Street between First Street and Irvine Boulevard. Nayor Kennedy said she would like to have a report from the staff before making a decision. CITY COUNCIL MINUTES Page 7, 12-18-84 A substitute motion was made by Edgar, seconded by Greinke, to refer the matter to the Planning Commission for study. Carried 5-0. 110 4. WATER WORKS BONDS It was moved by Edgar, seconded by Greinke, to agendize for the next meeting a loan from the General Fund to the Water Works fund to pay the deficit for the debt surcharge fund to enable payment of the $900,000 due. The City Manager said that he authorized the Finance Director to direct the auditors to prepare a separate report that deals with water cash flow analysis because of Council's recurring concern. The Finance Director said that it would be the end of January before a report could be ready and he felt it was premature to determine that we need a loan at this time. A substitute motion was made by Hoesterey, seconded by Edgar, that Council address on January 7, 1985, whether it is necessary to take action on a transfer from the General Fund to the Water Department to cover the $900,000 payment due on January 9 and then at the February 4 meeting have a presentation on the water system's cash flow. Carried 5-0. 107 5. ROOF COVERING BETWEEN THE COUNCIL CHAMBERS AND THE COMMUNITY CENTER BUILDING It was suggested by Councilman Hoesterey that staff look into the possibility and costs of a roof covering for the area between the Council Chambers and the Community Building, Council concurred. 39 6. REVIEW OF CITY PARKING STANDARDS Mayor Kennedy reported that our parking standards are being altered by bankers and she asked staff to report back with suggestions to make standards more realistic. 81 XI I. ADJOURNlENT It was moved by Hoesterey, seconded by Greinke, to recess to the Rede- velopment Agency at g:O0 p.m., thence to a Closed Session for Personnel matters, and thence adjourn to the next regular meeting on January 7, 1985, at 7:00 p.m. Carried 5-0. MAYOR