HomeMy WebLinkAboutCC MINUTES 1983 08 15 MINIITES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
AUGUST 15, 1983
I. CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
The meeting was called to order by Mayor Hoesterey at 7:01 p.m. in
the City Council Chambers, 300 Centennial Way. The Pledge of Alle-
.... glance was led by Councilman Edgar, and the Invocation was given by
Mayor Hoesterey.
I I. ROLL
CALL Councilpersons Present: Ronald B. Hoesterey, Mayor
Ursula E. Kennedy, Mayor Pro Tern
Richard B. Edgar
Frank H. Grei nke
Donald J. Saltarelli
Council persons Absent: None
Others Present: James G. Rourke, City Attorney
William A. Huston, City Manager
Mary E. Wynn, City Clerk
Donald D. Lainre, Community Development Dir.
Royleen A. White, Director of Community and
Admi ni strati ve Serv ices
Robert S. Ledendecker, Dir. of Public Works
Captain N. Williams, Police Department
Approximately 65 in the audience
III. SPECIAL
PRESENTATIONS
1. PROCLAMATION - LAW ENFORCEMENT EXPLORER POST 811
Mayor Hoesterey read and presented a proclamation commending
Law Enforcement Explorer Post 811 for their many community
services. Captain Willjams introduced explorer members present,
who expressed thanks to Council. 84
2. 7TH CONSECUTIVE PEDESTRIAN SAFETY CITATION BY AUTOMOBILE CLUB OF
SOUTHERN CALIFORNIA
Gene Shaw, District Manager of the Santa Ana Office, presented
Mayor Hoesterey with the seventh consecutive Pedestrian Safety
Citation for 1982, and congratulated Tustin on its achievement. 84
IV. PUBLIC
CONCERNS
1. CALIFORNIAN APARTMENTS CONDOMINIUM CONVERSION
Li nda Wil 1 iams, 14914 Newport Avenue #K, Californian Apartments,
presented a petition signed by 90 residents with photographs,
and reported on conditions in the complex which are a result of
the condominium conversion work in progress. Ms. Willjams
provided results of a survey conducted by the tenant committee.
Mayor Hoesterey thanked Ms. Willjams for her information, and
stated that the City Attorney has advised that it would be
inappropriate for the City Council to comment at this time since
there may be necessary legal action. 43
2. REQUEST FOR CHRISTMAS DECORATIONS IN DOWNTOWN AREA
Walter Flaherty, downtown merchant, requested decorations for
the 1983 Christmas season. The City Manager indicated staff
would investigate and report back to Council. 89
3. WINDSOR GARDENS CONDOMINIUM CONVERSION
Marsha Hill, 1651 Mitchell #C-3, also reported on conditions in
the apartment complex due to the condominium conversion project
and submitted petitions and photographs. Mayor Hoesterey noted
CITY COUNCIL MINUTES
Page 2, 8-15-83
that this condominium conversion is under the same management as
the Californian Apartments and reiterated his comments relative
to the inappropriateness of Council discussion of the matter,
and he encouraged residents to maintain contact with Community
Development Department staff. 43
4. ACOUSTICS IN COUNCIL CHAMBERS
Helen Edgar complained of acoustics in the Council Chambers and
requested that speakers be placed in the rear corners of the
Chambers for the benefit of those sitting in the back rows. 39
5. CALIFORNIAN APARTMENTS CONDOMINIUM CONVERSION
James Shannon, 14922 Newport Avenue, requested information on
action the City plans to take to rectify the matter. The Com-
munity Development Director stated that City staff, together
with the Orange County Health and Fire Departments, has
inspected the Windsor Gardens and Californian Apartments condo-
minium conversion projects. At the Californian Apartments,
rather extensive violation notices have been issued to the prop-
erty owner by each governmental agency. He added that the
recommendations will basically provide the property owner 30
days in which to make substantial corrections, after which a
public hearing will be held which residents can attend, and
staff will have a public report indicating whether the viola-
tions have been corrected. If not corrected, legal action will
most likely follow. Mr. Shannon expressed satisfaction with
this information and indicated he would maintain contact with
the Community Development Director.
The Director continued that to date staff has been unable to
make extensive inspections at Windsor Gardens and requested a
contact person, to which Ms. Marsha Hill agreed to be the repre-
sentative for coordinating unit inspections.
John Cagnon, 14938 #S Newport Avenue, had further questions, to
which the Community DevelOpment Director responded. 43
6. CABLE TELEVISION IN TUSTIN MEADOWS - COMMUNICOM
Steve Markl, 14902 Bridgeport, Tustin Meadows Board of Direc-
tors, presented a list of concerns pertaining toinstallation of
cable television services in Tustin Meadows. Communicam repre-
sentatives responded to Mr. Markl's concerns, and a discussion
period followed.
Bruce Miller, 14631 Danborough, relayed his experience ~ith
pedestal installation on his property and staff's resolutioh' of
his problem.
C. W. Chuck Young, 340 West Main Street, complained that he
still does not have cable television service after nine months
of waiting. Councilman Greinke indicated he would look into the
matter.
Following a discussion period, it was Council consensus to allow
Communicam to commence pedestal installation at the 94 'locations
where approval has been obtained, and direct Communicom to con-
tinue negotiations with the six remaining property owners for
approval, and report back to Council on September 6, 1983, for
final Council action. 53
7. REQUEST FOR REMOVAL OF CONSENT CALENDAR ITEM NO. 3
Steve Markl requested a two-week conti nuance of Consent Calendar
1tam No. 3, to which staff agreed.
8. CLAIM NO. 82-5
Pearl Murray, 185 Pacific Street, spoke briefly regarding the
City's claim against her mother's estate. Mayor Hoesterey
inter~ected that the matter is under review. 40
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V, CONTINUED
PUBLIC HEARING
1. APPEAL OF USE PERMIT 83-12 - HOME FEDERAL SAVINGS & LOAN
The Community Development Director presented the staff report as
contained in the inter-com dated August 15, 1983, prepared by
the Community Development Department.
Mayor Hoesterey opened the continued public hearing at 8:30
p.m. The following spoke in favor of Use Permit 83-12:
Doug Danielson, Danielson Design Group, project architect
Arthur E, Bartlett, Larwin Square Ltd. General Partner
Frank Melard, Pet Mart owner (located behind proposed building}
Helen Edgar complained of insufficient parking, hazardous traf-
fic conditions, and lack of night lighting in Larwin Square.
There being no other speakers on the matter, the public hearing
was closed.
The Community Development Director made a brief slide presenta-
tion. Council discussion followed. Councilmen Edgar and
Greinke spoke in opposition to Use Permit 83-12 on the basis of
inadequate parking.
Councilman Saltarelli spoke in favor of Use Permit 83-12, noting
that the parking standards meet City Code.
Mayor Pro Tem Kennedy expressed concern over tack of City stan-
dards which set aside a percentage of space for parking instead
of a given number, and requested staff to look into same to
resolve parking problems and halt the "restripi ng game" for com-
pact stalls. She continued that she cannot support Use Permit
--- 83-12 based on inadequate parking and aesthetics. She encour-
aged the applicant to submit another proposal where a building
would not be constructed in front of existing structures.
Mayor Hoesterey stated that he could not support an additional
facility in the center without first correcting the existing
parking problems and traffic hazards. Councilman Greinke stated
he would favor assisting the center owners by allowing removal
of the play yard to be replaced with parking stalls.
Doug Danielson and Arthur Bartlett offered rebuttal arguments
in favor of Use Permit 83-12.
It was moved by Greinke, seconded by Edgar, to deny Use Permit
83-12.
The motion was amended with approval of the maker and second, to
deny Use Permit 83-12, to waive permit fees should the applicant
submit a new proposal within a year, and to approve elimination
of the tot lot.
Councilman Sal tarelli again spoke in favor of Use Permit 83-12.
The amended motion carried 4-1, Saltarelli opposed. 81
VI.- CONSENT
CALENDAR
Item 3 was removed from the COnsent Calendar by Sal tarelli. It was
then moved by Saltarelli, seconded by Edgar, to approve the remain-
der of the Consent Calendar. Carried 5-0.
1. APPROVAL OF MINUTES - August 1, 1983
2. RATIFICATION OF PAYROLL in the amount of $98,120.96
APPROVAL OF DEMANDS in the amount of $105,660.10 50
CITY COUNCIL MINUTES
Page 4, 8-15-83
Consent Calendar Item No. 3 - City Facility Policy: The Director of
Community and Administrative Services responded to Council concerns.
Councilman Greinke questioned the existing facility fee schedule.
Lengthy Council/staff discussion followed.
Council concurred that non-resident non-profit group (Group 4) fees
be comparable to resident private (Group 3) fees. Mayor Hoesterey
requested that staff report back on how many groups who use facili-
ties on a regular basis will be affected by same.
It was moved by Edgar, seconded by Greinke, to continue the follow-
ing to September 6, 1983:
3. CITY FACILITY POLICY
a) Institute a Park Reservation Fee to offset processing costs
for permits and reservations;
b) Institute an Outdoor Sound Amplification Permit to offset
processing costs for permits;
c} Institute an Alcoholic Beverage Permit Fee for outdoor areas
and require clean-up deposits; and
d) Require that groups and individuals serving alcohol provide
the City with a Certificate of Insurance for $500,000 Com-
bined Single Limit of Liability {CSL) or purchase an Orange
County Cities Risk Management Agency (OCCRMA) Liability
Policy through the City.
Carried 5-0. 41
VII. ORDINANCES FOR INTRODUCTION - None
VIII. ORDI-
NANCES FOR
ADOPTION
1, SECOND UNITS IN E-4& R-3 RESIDENTIAL ZONES - ORDINANCE NO. 892
It was moved by Saltarelli, seconded by Greinke, that Ordinance
No. 892 have second reading by title only. Carried 5-0. Fol-
lowing reading of title by the City Clerk, it was moved by
Saltarelli, seconded by Kennedy, that Ordinance No:"~)~ be
passed and adopted as follows:
ORDINANCE NO. 892 - An Ordinance of the City Council of the City
of Tustin, California, APPROVING AMENDMENT NO. 83-2 TO THE ZON-
ING ORDINANCE AUTHORIZING SECOND RESIDENTIAL UNITS IN THE E-4
AND R-3 DISTRICTS AND ESTABLISHING CRITERIA
Roll call vote:
AYES: Edgar, Greinke, Hoesterey, Kennedy, Sal tarelli
NOES: None
ABSENT: None 81
IX. NEW
BUSINESS
1, AUTHORIZATION TO FILL VACANT CUSTODIAN POSITION - PUBLIC WORKS
DEPARTMENT
As recommended in the inter-com dated August 10, 1983, prepared
by the Director of Public Works, it was moved by Saltarelli, --
seconded by Kennedy, to authorize replacement of one Custodian
position within the'Maintenance Division. Motion carried 5-0 .79
X. REPORTS
1. PLANNING COMISSION ACTIONS - AUGUST 8, 1983
It was moved by Edgar, seconded by Kennedy, to ratify the Plan-
ning Commission Action Agenda of August 8, 1983. Carried 5-0.
2. COMMUNITY DEVELOPMENT DEPARTMENT PROJECT STATUS
The Departmental Status Report dated August 8, 1983, prepared by
the Director of Community Development was received and filed by
unanimous informal consent. 81
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3. BULLET TRAIN
The City Manager presented an oral update report and stated that
staff will provide Council with a comprehensive report in the
near future. 101
XI. OTHER
BUSINESS
1. REQUEST FOR CLOSED SESSION
~mmmmm
The City Manager requested a Closed Session for discussion of
legal matters.
2. GRAFFITI
Mayor Pro Tem Kennedy reported graffiti in Peppertree Park.
Council concurred that funds be budgeted for maintenance of
same. 41
Councilman Greinke requested staff contact the City of Carson
for information on the chemical they use for graffiti removal,
and he reported fresh graffiti in Pinetree Park.
3. OCTOBER 3 REGULAR MEETING RESCHEDULED TO OCTOBER 5
It was moved by Edgar, seconded by Hoestare.y, to reschedule the
October 3 meeting to Wednesday, October 5, 1983, due to atten-
dance by several Councilmembers at the California League of
Cities meeting. Carried 5-0. 38
4. EXCESSIVE TRUCK TRAFFIC ON WALNUT AVENUE
Councilman Edgar reported excessive truck traffic on Walnut
Avenue. The City Manager stated staff is investigating the mat-
- ter and will report back to Council on same.
5. SENATE BILL 142 - REMOVAL OF NON-CONFORMING BUSINESS SIGNS
Councilman Greinke stated he is opposed to the City's opposition
of SB 142-Ellis which would require cash compensation for remo-
val of any non-conforming business signs within City limits.
The City Manager stated that staff will present the bill,
including all proposed amendments, for Council review and formal
position on the matter at the September 6, 1983, meeting. 61
6. CONGREGATION B'NAI ISRAEL BINGO PERMIT
Mayor Hoesterey requested that the letter dated August g, 1983,
from Michael I. Schneider, Executive Vice President, Congrega-
tion B'Nail Israel, pertaining to transfer of their bingo permit
~ be agendized for the September 6, 1983, meeting. Council con-
curred. 31
X I I. RECESS -
REDEVELOPMENT AGENCY
CLOSED SESSION -
ADJOURNMENT
At 10:13 p.m. it was moved by Greinke, seconded by Kennedy, to
,.. recess to the Redevelopment Agency; thence to a Closed Session for
discussion of legal matters; thence adjourn to a meeting on
August 22, 1983, at 7:00 p.m. for ordinance introduction authorizing
execution of a lease of facilities by Tustin Water Corporation to
the City of Tustin, and thence to the next Adjourned Regular meeting
on Tuesday, September 6, 1983, at 7:00 p.m. Carried.
MAYOR