HomeMy WebLinkAboutCC 1 MINUTES 02-19-85MINUTES OF A REGULAJ~ FLEETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
FEBRUARY 4, 1985
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:
Councilpersons Absent:
Others Present:
III. PROCUU~TIONS
Ursula E. Kennedy, Mayor
Frank H. Greinke, Mayor Pro Tem
Richard B. Edgar
Ronald B. Hoesterey
Donald J. Saltarelli
None
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
IV.
1. LUIGI 'GINO' POLLINI - RETIREMENT
Mayor Kennedy read and presented a proclamation to Luigi "GinO"
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. ~
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 Beeler, Officer James Peery, Officer
Edwin Ellett, Officer Kenneth Williams, Investigator Robert
LaBarge, Officer Charles Damiano, Officer Keith Arrants, Officer
Ronald Frazier, Officer Alexander Kiilehua, Officer Michael Tolle,
and Officer Brent Zicarelli. ~
CO~rINUED PUBLIC HE/~RING
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 fr~ subject use.
Mayor Kennedy opened the public hearing at 7:24 p.m.
Bill Hughes, Calder, Hughes & Company (applicant), spoke 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 Hoestere¥, to approve Use
Permit 84-27 and direct sta~ to negotiate sale of the easement
subject to Council approval.
Council concurred that Councilman Greinke represent Council
negotiation proceedings.
The motion carried 5-0.
in
AGENDA 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 lette~ 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 wil~l 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
conditions 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
VD
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 wilt 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
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 MINIJllES - 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
5O
REJECTION OF CLAIM OF TOM SERIND; 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.
RESOLIFTION 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
RESOLtF~IOR 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. IASC 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.
VI.
VII.
ORDINANCES FOR INTRODUCTION
None.
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. g26 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
OROII~ANCE 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:
NOES:
ABSENT:
Edgar, Greinke, Hoesterey, Kennedy, Saltarelli
None
None
109
EAST ll)STIN PLANNED COM)mUXII'~ - TUSTIN AUTO CENllER - O~J)INANCE 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:
ORi)INANCE 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, PROPOSEDiLAGUNA 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 :~thing to do with
the Auto Center project, and has an entire 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:
NOES:
ABSENT:
Edgar, Greinke, Hoesterey, Kennedy, Saltarelli
None
None
110
VIII. OtB 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 STUDY - AUll4ORIZATION 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 Greinke, 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 ll~¥FIC 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 COR4ISSION ACTIONS - JANUARY 28, 1985
It was. moved by. Hoestere_ ~, seconded by Edgar, to ratify the entire
Planning Commss~on Action Agendaof January 28, 1985. Car'ried
5-0. 80
2. ~,U~TER SYSTEN CASH FLOW ANALYSIS
Pursuant to the inter-com dated January 30, 1985, it was moved by
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
XI.
XII.
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
Reduce Revenues in the Revenue Sharing Fund
Reduce Revenues in the Gas Tax Fund
Increase Revenues in the Sewer Trust Fund
Increase Revenues in the Park & Civic Center Bonds Fund
Increase Revenues in the RDA Debt Service Fund
$ 262,000
$ (62,000)
$(171,000)
$ 1,300
$ 16,400
$ 105,000
Increase Expenditures
Increase Expenditures
Reduce Purchase Water
Capi
Increase Expenditures
Increase Expenditures
Increase Expenditures
Decrease Expenditures
Increase Expenditures
Increase Expenditures
Increase Expenditures
Expenditures
of the General Fund
of the Water Enterprise
Cost
tal Improvements
of the General Fund
of the Revenue Sharing Fund
of the Gas Tax Fund
of the Capital Improvement Fund
of the Beautification Fund
of the RDA Fund
of the Water Enterprise
$ 226,482
$ 24,OOO
$ 265,0O0
$ 15,300
$ 215,000
$ 47,000
$ 157,117
$ 19,700
$ 4,800
$ 6,500
The motion carried 5-0.
4. STAll,S REPORT CONCERNING CALIFORNIAN A~ARTMENTS, 14882 NEWPORT AVE.
See Pages 2-3, these Minutes.
OTHER BUSINESS
1. REQUEST FOR C).OSED SESSION
The City Manager requested
personnel matters.
2. MISS TUSTIN PAGEANT
a Closed Session for discussion of
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.
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.
MAYOR
CITY CLERK