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HomeMy WebLinkAboutCC MINUTES 1982 04 19 MINUTES OF A REGULAR MEETING OF THE TUSTIN CITY COUNCILL COUNCIL CHAMBERS 300 Centennial Way April 19, 1982 TO ORDER The meeting was called to order by Mayor Sharp at 3:45 p.m. CALL Councilpersons Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp Councilpersons Absent: None Others Present: James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Mike Brotamarkle, Conun. Dev. Director Ken Fleagle, Planning Consultant Bob Ledendecker, Director of Public Works Roy Gonzales, Personnel Director Ronald Nault, Finance Director Royleen White, Community Services Director Jeff Davis, Planning Aide Eva Solis, Deputy City Clerk Approximately 20 in the audience III. PROCLAMATIOM Mayor Sharp read and presented to Nancy Harris, Executive Direc- tor of the Orange County Mental Health Association, a proclama- tion designating May, 1982, as "Mental Health Month." Ms. Harris thanked the Council and handed out copies of a booklet entitled, "Friends Can Be Good Medicine." 84 IV.CONTINUED PUBLIC HEARING GAME ARCADES - ORDINANCE NO. 870 AS recommended by the Community Development Director in his report dated April 19, 1982, it was moved by Hoesterse, seconded by Saltarelli, to continue to the May 3, 1982, meeting consid- eration of the following ordinance: ORDINANCE NO. 870 - An Ordinance of the City Council of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE PERTAINING TO GAME ARCADES The Mayor asked if anyone was present to speak on the matter. Dave Patterson, Sgt. Pepperoni's Pizza Store, 651 E. First Street, stated that at Council's request he had submitted writ- ten comments in his letter dated April 15, 1982, and was present today to answer any questions or elaborate further. The Community Development Director and City Attorney indicated staff would respond to Mr. Patterson's letter at the May 3 meet- ing. Mr. Patterson responded to Councilwoman Kennedy pertaining to research he conducted and how he obtained his figures. Mr. Patterson continued that if the games are incidental to the main business, then the entrepreneur will make sure they don't become a burden to his own business. Councilman Edgar stated that Mr. Patterson's COmments were very wisely presented. There were no other speakers on the matter. The motion carried 5-0. 81 The Community Development Director noted that the copies of the proposed ordinance will be available in his department the Wednesday prior to the May 3 meeting. CITY COUNCIL MINUTES Page 2, 4-19-82 V. PUBLIC CONCERNS 1 o TRAFFIC SIGNAL AT RED HILL & WALNUT AVENUES Kathy Weil, 1702 Summerrills, Civic Liaison for Tustin Meadows Conununity Association, reported that at the April meeting of the Association Board of Directors, a resolution was passed support- ing installation of a new three-way traffic signal at Red Hill and Walnut which would permit left-hand turns while holding opposing traffic. Ms. Well stated the Association is concerned that because of the location of Mr. Nisson's property and the shortage of City funds, this project may get buried in the budget. Residential streets are being burdened with increased traffic as a result of people cutting through Tustin Meadows to reach Sycamore. Ms. Well stated that the Association would like to see something done to alleviate the problem and is willing to assist staff. The Director of Public Works responded that at the April 5 meet- ing staff had indicated they would come beck with a report regarding the intersection- The data has been obtained and is now being compiled and will be available at the May 3 meeting with specific recommendations · The Mayor suggested that MS. Weil meet with staff to review subject report prior to the May 3 meeting. 94 2. POLITICAL SIGNS Helen Edgar, 13622 Loretta Drive, stated that although it has been one week since the election, political signs are still visible throughout the City. She reported that she has received three requests from residents that a setback requirement be enforced for political signs. Councilman Hoesterey commented that the political sign require- ments should once again be reviewed and reclarified. Also, there should be clear delineation as to who is responsible for enforcing election laws and what the penalties are for viola- tions of those laws. He recommended that this matter be referred to staff. Council concurred. 93 VI. CONSENT CALENDAR It was moved by Kennedy, seconded b~ Edgar, to approve the entire Consent Calendar. Carried 5-0. 1. APPR0VAL OF MINUTES- April 5, 1982 2. APPROVAL OF DEMANDS in the amount of $1,188,353.31. RATIFICATION OF PAYR0LL in the amount of $97,052.87. 50 3. RESOLUTION NO. 82--32- A Resolution of the City Council of the City of Tustin, RECOMMENDING APPROVAL OF FINAL pARCEL MAP NO. 81-1028 {West side of Carroll Way, north of Seventeenth Street} Adopt Resolution IQo. 82-32 as reconunended by the Community Development Department. 99 4. RESOLUTION NO. 82-33- A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR FAIRHAVEN AVENUE WATER MAIN Adopt Resolution No. 82-33 as recommended by the City Engi- neer and the City Manager. 5.DENIAL OF CLAIM OF T0MMIE B. RUTHERFORD; DATE OF LOSS: 1/9/82; FILED WITH CITY: 3/16/82; CLAIM.M NO. 82-10 Deny claim of Tomrole B. Rutherford as recommended by the City Attorney. 40 6.DENIAL OF CLAIM OF BARBARA F. RUTHERFORD; DATE OF LOSS: 1/9/82; DATE FILED WITH CITY: 3/16/82; CLAIM NO. 82-9 Deny claim of Barbara B. Rutherford as recommended by the City Attorney. 40 CITY COUNCIL MINUTES Page 3, 4-19-82 7. RELEASE OF SUBDIVISION WARRANTY BONDS FOR TRACTS 10401, 10495, 10563, AND 10762 Authorize release of the following subdivision warranty bonds: Tract No. 10401 - Bond #7117497; Tract No. 10495 - Bond #2050-18-051204; Tract No. 10563 Bond #2050-18- 051204; and Tract No. 10762 - Bond ~2619870, as recommended by the City Engineer. 99 8. WORKER'S COMPENSATION CLAIM- KRIS MORRISON Authorize settlement of this claim by Compromise and Release to provide for payment Of $7,000 plus medical-legal liens of $1,411 as recommended by the City Attorney and the City's Worker' s Compensation Administrator. 79 VII. ORDI- NANCES FOR INTRODUCTION 1. ORDINANCE N0. 871 - An Ordinance of the City Council of the City of Tustin, California, AMENDING THE PURCHASING PROCEDURES FOR THE CITY OF TUSTIN AS recommended by the City Manager, it was moved by Edgar, sec- onded by Hoesterey, to continue Ordinance No. 871 to the May 3 meeting. Carried 5-0. 50 VIII · ORDI- NANCES FOR ADOPTION None. IX. OLD BUSINESS 1 · 325 SOUTH "C" STREET The Community Development Director presented the staff report and recommendation. As recommended by the Community Development Department in the report dated April 19, 1982, it was moved Kennedy that the agreement between Mr. Kelly and the City be extended for a period of 120 days. As planning and construction continue, the Community Development Director shall provide a written progress report to the City Council at the second meet- ing of each month. The Council will then be able to judge if work is progressing in a satisfactory manner. The motion died for lack of a second. It was then moved by Saltarelli, seconded by Edgar, that if the project is not completed by May 1, 1982, that the bond be revoked and the City Attorney be directed to take whatever action is necessary to bring the property into full compliance. The City Attorney responded to Councilwoman Kennedy that if the property would not be brought into conformity by May 1, then staff would be required to take legal action against the prop- erty to enjoin its occupancy and use until it is brought into conformity with the Code. Following further Council discussion, the motion carried Kennedy opposed. 81 2o ORANGE COUNTY TRANSIT DISTRICT (OCTD) CENTER FEASIBILITY STUDY In addition to his report dated April 14, 1982, the Director of Public Works added that staff received from OCTD a letter end scope of work that they propose to have their consultant perform under. The letter inaicates there is no major change in the number of routes or level of service contemplated at this time. Whatever the study would dictate the needs to be, the City would at that time have control to either accept or reject same if the amount of buses or service is going to be increased. Secondly, OCTD did not specifically answer with any concern of locating either outside the City or in another specific location, i.e., industrial area or First Street in Santa Aria. In discussion CITY COUNCIL MINUTES Page 4~ 4-19-82 with 0CTD, it was indicated that if an area outside the City is studied, then the agreement would be between such other Agency and OCTD, and the City would not participate at that time. Councilman Saltarelli voiced his objection to a transportation center in Tustin. It was moved by Saltarelli, seconded b~ Kennedy, to not enter into the Transit Center Feasibility Study Agreement and inform OCTD that under no circumstances is the City of Tustin interested in having a transportation center located in the City- Councilman Hoesterey expressed his support of the motion- Mayor Sharp commented he had voiced his feelings on the matter at the April 5 meeting- The motion carried 4-1, Sharp opposed. 101 3. RELOCATION & PUCHASE PLAN - CALIFORNIAN APARTMENTS CONDOMINIUM CONVERSION (14992 Newport Avenue) The Community Development Director presented the staff report and recommended that it be referred to the City Attorney for a future report back to the Council. Rick Horton, President of Californian Tenants' Association, brought the following areas of major concern to Council's atten- tion for inclusion in the City Attorney's report: a. Page 2, Tenants Eligibility ReqUirements, first paragraph - Requested the City Attorney define "tenants-" b. Page 3, Eligibility Disqualification - The Association is opposed to this entire section, as the City Ordinance ~aS already defined eligibility. c. Page 6, Rent Raises- The City Council and City Ordinance have made it clear there would be no rent raises, yet this section asks for rent raises. It was then moved by Edgar, seconded by Kennedy, to refer the matter to the City Attorney for a report at the May 3, 1982, meeting. Motion carried 5-0. 43 Xo.NEW BUSINESS 1. REQUEST FOR TREE REMOVAL (13602 Malena Drive) Pursuant to the recommendation contained in the report dated March 29, 1982, prepared by the Maintenance Superintendent, it was moved by Hoesterey, seconded by Edgar, that the two parkway trees in front of the residence of Mr. and Mrs. Marcinkevicz, 13602 Malena Drive, be removed as requested and that the trees be replaced with a type selected by them from the City-approved tree list. Carried 5-0. 86.1 2. REQUEST FOR WAIVER OF PARK LAND DEDICATION FEES - TRACT 11370 The Community Development Director presented the staff report and recommendation. The motion by Kennedy to lower the park land dedication fee by 35%, from $52,000 to $33,800, as long as the waiver is granted under the Housing Element condition which involves resale prohi- bitions, died for lack of a second. Council/staff discussion followed. The City Manager added that the City is not obligated to require follow through for lack of speculation because there are no government funds involved, this is a voluntary program, and as a practical matter, the City does not have the structure to enforce a provision that a unit be transferred/sold only to a person in the low- or moderate- income range · CITY COUNCIL MINUTES Page 5, 4-19-82 Mark MacAlpine, representing the Robert P. Warmington Company, requested clarification on whether Councilwoman Kennedy's motion would place a deed restriction on units appointed as affordable. The Community Development Director stated that the Code stipu- lates that it would be a purpose of the Housing Element to pro- mote continued acquisition of affordable units by other families in those income groups. In this specific case, the developer is exceeding the minimum percentage, which is t5-20% affordable by going to 35%. On the other hand, without those deed restric- tions, basically the first-time buyer would be the only one to achieve maximum benefit. The Director pointed out that the Housing Element would not "mandate" but "promote" this stipula- tion. A substitute motion by Kennedy to continue the matter to allow staff to provide additional information/clarification died for lack of a second. In response to Councilman Saltarelli, Mr. MacAlpine stated that a two-week continuance would not negatively affect the project, but if resale controls were to be added, the waiver request would be withdrawn. Council/developer discussion followed. It was then moved bX Edgar, seconded b~ Saltarelli, to waive 35% of the park land dedication fees, since 35% of the units will be sold as afford- able, from $52,000 to $33,800. After further Council/staff discussion, the motion carried 5-0. 3. REQUEST FROM TUSTIN JAYCEES REGARDING TILLER DAYS PARADE AS requested in the letter dated April 7, 1982, from Terry L. Sorensen, President of the Tustin Jaycees, it was moved b~ HoestereX, seconded b~ Saltarelli, to approve the following: 1) The Jaycees will procure adequate liability insurance to cover their own involvement in the parade, while the City will procure its own coverage to the extent of its involve- ment, with each party then having coverage to the extent it may deem necessary; 2) 0nly those equestrian units with substantial parade experi- ence (i.e., 6 parades within last 12 months) and good safety records will be allowed to participate; in addition, with the exception of military units, these entries will be required to provide evidence of at least $1,000,000 of liability coverage and sign an agreement relieving the City and Jaycees of any liabilities resulting from their partici- pation in the parade; and 3) The City will provide advance funds to the Jaycees to run the parade in an amount not to exceed $2,750.00. Councilman Edgar requested that the "Release, Hold Harmless and Indemnity Agreement" be corrected to read "Tustin Jaycees" ---~ rather than the "Tustin Junior Chamber of Commerce." The motion carried 5-0. 34 The Mayor recognized Agnes Bacon and Margaret Byrd, who spoke in opposition to the City providing funds to the Jaycees for the parade. Councilman Edgar responded that the Jaycees have done a great number of things for the community such as Sr. Citizens' Picnic, the concept of having a Miss Tustin, etc. Councilman Hoesterey commented that Council took action to review the entire Tiller Days event in light of Cherill Webb's (Tiller Days Committee) request. Although this is a different CITY COUNCIL MINUTES Page 6, 4-19-82 organization, it should be included in Council's study of fund- ing these elements within the next year. It is far enough into this year's events that to turn around at this time would be quite damaging without giving these institutions the ability to look for other sources of funding. In response to the Mayor, Councilman Hoesterey continued that instead of going along the same course because it's been followed forever, and in light of the fact that the City is facing more austere times in the future, it is time to review this and maybe find other methods of funding the projects- However, for this year, the City is committed to the event. Council concurred. 34 XI. OTHER BUSINESS 1. REQUEST FOR EXECUTIVE SESSION The City Manager reminded Council that an Executive Session was requested for discussion of labor negotiations. 2. COUNCILMAN EDGAR a. Senior Citizen Housing - Councilman Edgar stated that during recent months considerable attention has been directed towards the need for affordable senior citizen housing in Tustin, but many of these discussions did not reflect realistic funding mechanisms. He continued that many indi- viduals are desirous of a program paralleling HUD Title 8; those who have such housing are very appreciative, but the cost is prohibitive; and direct subsidies of rent involve a local bureaucracy which is costly and never satisfies every- one. Ee suggested the City take the direction of using Redevelop- ment funds for housing and proposed a plan whereby land would be purchased with Redevelopment funds at appraised value on which senior citizen housing would be built. All off-site improvements would be paid for by the Agency. With such land ownership, the Agency could contract with a devel- oper to build units for rental to senior citizens. Since the end use is control, the size of the units could be small and relatively dense. Also, the use could be controlled so that the tenant had only one car and thus would require only one parking space. The developer would own and rent the units profitably to seniors and no direct Agency involvement would be needed. A long contract (such as 25 years) would be written, after which time ownership would revert to the Agency. Cost-of-living increases in rental would be permit- ted with the provision that larger increases would require justification at a public hearing of the Agency. With the contract and the Agency owning the land, any unfair treat- ment would be highly visible and few complaints would be likely. Councilman Edgar continued that his plan does not require massive sums of money to initiate and can be implemented on a lot-by-lot basis. The only limitation would be the will- ingness of a landowner to sell to the Agency at appraised value. There are many parcels of land in the old downtown area which could be used this way. Specifically, Councilman Edgar stated that a long-time sup- porter of Tustin, Mr. Walter Fredrickson, owns a parcel at 525 South "B" Street and is willing to proceed along the lines proposed by Councilman Edgar. He noted the following figures on this action: The appraised value of the land is about $100,000 which would be purchased by the Agency; the dimensions are 50 by 150 ft. or .176 acres; six small units at about 600 sq- ft. each with one parking space per unit could fit on this lot at a unit density of about 35 per CITY COUNCIL MINUTES Page 7, 4-19-82 acre; at construction costs of $60 per sq. ft. the develop- ment would cost over $200,000. With this investment and no need to cover land or outside improvements, Mr. Fredrickson might be able to rent the units profitably for $250 per month, which by current standards would be affordable to senior citizens. Inflation increases would not be painful since such increases would be tied to the Consumer Price Index. It was then moved b~ Edgar, seconded b~ Hoesterey, that this concept be reviewed by staff with a report for consideration by the Agency and Council at the May 17 meeting. The City Manager responded to Councilman Edgar's proposal that the Agency can certainly get involved in housing pro- grams, be it for seniors or low- and moderate-income groups. He stated that the Agency will need to address a couple of points, and staff will need more time to prepare a report on Mr. Edgar's proposal. He suggested that the pro- posal be looked at in the context of the overall Redevelop- ment financial plan and recommended that any final decision be weighed in view of all other potential projects. Coun- cilman Edgar concurred. Council/staff discussion followed. The City Manager indi- cated staff will plan to come back in 30-60 days with an analysis as to the feasibility of the concept. Once the Council acts on that, then staff can come back as part of the financial plan and address the capability of the Agency to do it from a financial standpoint. The motion carried 5-0. 81 b. Columbus Tustin Park & Multipurpose Recreation Facilit~ and Master Plan of Recreation and Parks - Councilman Edgar acknowledged receipt of the report on subject plans, and stated that although it embodies all details, he wished to confirm that the Columbus Thstin Park & Multipurpose Recre- ation Facility plan will be expected on July~19~ ~982, and the Master Plan of Recreation and Parks, on December 20, 1982. The City Manager indicated that there will be interim milestones which will give confidence that the consultants are proceeding on schedule, based on the assumption that there will be a reasonable amount of time to review if the citizen task force and/or Council needs more time to review, which would affect the completion date. Council was in con- currence with the proposed arrangement of the task force. 3. COUNCILMAN HOESTEREY a. Newport Extension - In response to Councilman Hoesterey's concern that the Newport extension may create a larger traf- fic problem than will be solved, whereby nonresidents would use the Edinger freeway off-ramp to cut through Thstin and get back on the freeway at another location to avoid freeway congestion, the City Manager stated that staff will have an engineering .analysis done to address those type of problems. b. Development Proposal at Hadle~'s Location - Councilman Hoesterey requested that staff contact the "Big Yellow House" restaurant chain to conduct a preliminary market study on locating in E1 Camino Plaza (vacated by Hadley's Orchards), since they are committed to the same type theme and design (Victorian) as exists in the downtown area, and would be a good revenue source while adding aesthetically to the conununity. Council concurred. 81 Mayor Sharp interjected that the Chamber of Commerce be encouraged to promote development in the City. CITY COUNCIL MINUTES Page 8, 4-19-82 4. COUNCILMAN SALTARELLI a. Newly-Elected Officials - Councilman Saltarelli offered his congratulations to Councilwoman Kennedy and Mr. Frank H- Greinke on their recent victories in the City election. b. Traffic Signal at Red Hill & Walnut Avenues - Councilman Saltarelli encouraged Kathy Well to make preliminary Contact with Mr. Nisson regarding the signal improvements requested by the Tustin Meadows Con~munity Association at subject loca- tion- c. Executive Session - Councilman Saltarelli requested that the Executive Session following the meeting include discussion of legal and personnel matters- 5o MAYOR SHARP Mayor Sharp thanked the Council for their cooperation during his tenure as Mayor and Councilman, and he expressed pleasure in working with them and those who attend the meetings regularly. ADJOURNMENT It was moved by Edgar, seconded by Kennedy, to adjourn to an Execu- tive Session for discussion of labor negotiations, legal and person- nel matters and thence to an adjourned regular meeting on TUesday, April 20, 1982. ~..~0~