HomeMy WebLinkAboutMINUTES 05-06-85MINES OF A REGULA~ )EETING
OF 1}lE CIll~ ~OUNCIL OF ll(E
CIl~ OF llISTIN, CALIFORNIA
MAY 6, 1985
CN.L TO ORDER/PLEDGE OF ~LEGIANCE/INVOCATION
The meeting was called to order by Mayor Greinke at 7:00 p.m. in the
City Council Chambers, 300 Centennial Way. Mayor Pro Tem Saltarelli
led the Pledge of Allegiance, and the Invocation was given by Council-
man Hoesterey.
II. ROLL CN_L
Councilpersons Present:
Councilpersons Absent:
Others Present:
III. PROCLAMATION
Frank H. Greinke, Mayor
Donald J. Saltarelli, Mayor Pro Tem
Richard B. Edgar
Ronald B. Hoesterey
Ursula E. Kennedy
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
Robert S. Ledendecker, Dir. of Public Work~
Royleen A. White, Dir. of Com. & Admin. Srvcs.
Jeffrey C. Kolin, Recreation Superintendent
Janet Hester, Administrative Secretary.
Approximately 35 in the audience
IV.
1. 'FIRE SERVICE RECOGNITION DAY - HAY 11, 1985'
Mayor Greinke read and presented a proclamation accepted by
Battalion Chief Buck Henderson designating May' 11, 1985, as "Fire
Service Recognition Day." Volunteer Captain Matt Kiotbassa was
introduced and invited all to attend activities'at Fire Station 21,
located on Irvine Boulevard~on Saturday, May 11. ~
PUBLIC HEARING
1. ORDINANCE NO. 931 - AMENDENT NO. I TO ORDINANCE NO. 922
ZONE CHANGE 85-3, 17432-17442 MITCHELL AVENUE
The Director of Community Development presented the staff report
and recommendation as contained in the inter-com dated May 6, 1985,
prepared by the Community Development Department.
In response to Councilwoman Kennedy, the Community Development
Director stated that of the project's 20 units, 12 are restricted
for the first five years to eligible holders of Section 8 certifi-
cates issued by the Orange County Housing Authority, which provides
rental subsidy to an affordable rental price range, dependent upon
household income. After that five-year period, all units must
.remain available to persons 55 years and older, to be enforced by
City staff via zoning regulations, which means that in perpetuity
this project cannot have any unit occupied by anyone under 55 years
of age.
The Director responded to Councilman Edgar that the new applicant
has not requested any subsidy by the South/Central Project Area for
construction of curb, gutter and sidewalk. He added that this area
of Mitchell Avenue is included in planned improvements under HUD
11th year CDBG funds. The Community Development Director reviewed
for Mayor Greinke how Council determined the age limit at 55 years.
The public hearing was opened by Mayor Greinke at 7:10 p.m. There
being no speakers on the matter, the public hearing was closed.
CITY COUNCIL MINUTES
Page 2, 5-6-85
It was moved by Hoesterey, seconded by Edgar, that Ordinance No.
931 have first reading by title only. Carried 5-0. Following
first reading by title only of Ordinance No. 931 by the City Clerk,
it was moved by Hoesterey, seconded by Edgar, that Ordinance No.
931 be introduced as follows: ~
ORDINANCE NO. g31 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING AMENDMENT NO. I TO ORDINANCE NO. 922
FOR THE PROPERTY LOCATED AT 17432 TO 17442 MITCHELL AVENUE
Mayor Greinke initiated Council discussion on the possibility of
establishing 62 as the minimum age limit (in lieu of the present
55) for the senior housing project. Discussion included stipu-
lating in the CC&R's the number of vehicles per unit.
Yuji Naito, 14151 Newport Avenue, project owner/applicant, stated
that the 20 unit project is entirely one-bedroom, which is basi-
cally a one-to-one ratio of cars to bedrooms (with most senior
couples probably owning one car only). The project contains 24
parking spaces, and Mr. Naito noted that he is the owner of the
adjacent property where there is additional parking available in
the morning/evening hours. He added that the project is conve-
niently located to shopping centers, ~a grocery market, and hos-
pital, and within walking distance to those facilities. Mr. Naito
confirmed his understanding that the project is specifically for
senior citizen housing.
Council/staff discussion followed.
Hoesterey, seconded by Edgar, to:
1)
2)
3)
4)
The motion carried 4-0, Saltarelli abstained,
The motion was amended
Introduce Ordinance No. 931;
Delete Condition 10 in Exhibit "A" of Ordinance No. 922 as
recommended by the Planning Commission;
Amend Condition 13 in Exhibit-"A" of Ordinance No. 922 to limit
occupancy to 62 years of age or older for at ·least one tenant
per unit; and
Include the City as a party to the CC&R's for enfoccement pur-
poses.
110
PUBLIC INPUT
1. WATER SUPPLIES TO EAST TUSTIN AREA
Douglas M. Chapman, 13252 Fairmont Way, Santa Aha, spoke regarding
water service for the future East Tustin Area as contained in his
letter to Council dated May 4, 1985.
Mayor Greinke thanked Mr. Chapman for his input and stated the
matter would be referred to staff. 107
2. SENIOR CITIZENS
Nick Ogden, 13842 Redhill Avenue, commended Council on its concern
in defining the "age" for senior citizens, noting that very few
persons under the age of 60 would admit to being a senior citizen
unless it were to some financial advantage.
3, REQUEST FOR ZONE CHANGE, WEST MAIN STREET
Chuck Mitchell, 420 West Main Street, presented a petition contain-
ing twelve signatures of residents on West Main and South "B"
Streets, requesting a zone change from residential to professional
for an area on West Main Street.
Following a question-and-answer period, it was moved by Kennedy,
seconded by Hoesterey, to refer the matter to staff for appropriate
action. Carried 5-0. 110
CITY COUNCIL MINUTES
Page 3, 5-6-85
VI.
CONSENT CALENDAR
It was moved by Hoesterey, seconded by Ed.oar, to approve the entire
Consent Calendar.
In response to Councilwoman Kennedy regarding Consent Calendar Item
No. 1, Page 10, Other Business Item No. 7, "Time Limit Under Public
Input Section," Councilmembers clarified that the Minutes correctly
reflect that there was no action taken to limit speakers under Public
Input to three minutes, and their position is status quo with the
Mayor's gavel ruling with discretion.
Regarding Item No. 8, Resolution No. 85-42, the City Manager recom-
mended that Council insert June 3, 1985, to conduct a public hearing on
subject item. Mayor Greinke abstained on Item No. 10.
The motion carried 5-0.
1. APPROVAL OF MINUTES - APRIL 15, 1985
2. APPROVAL OF OEMA~iDS IN THE AMOUNT OF $669,839.85
RATIFICATION OF PAYROLL IN THE AMOUNT OF $123,411.93
e
50
e
REJECTION OF CLAIM OF EDWARD A. REX; DATE OF LOSS: 1/8/85; DATE
FILED Will4 CITY: 3-28-85; CLAIM NO.: 85-20
Rejected subject claim as recommended by the' City Attorney. 44)
REJECTION OF CLAIM OF CITY OF SANTA ANA; DATE OF LOSS: 12/15/84;
DATE'FILED WITH CITY: 4/11/85; CLAIM NO.: 85-23
Rejected subject claim as recommended by the City Attorney. 40
5. 1985 FI CA)~INO REA4_ OiA~IPIONSHIP C})ILI COOK-OFF "
Appropriated $1,000'from the general fund as seed money for the
1985 E1 Camino Real Championship Chili Cook-Off.as recommended
by the Recreation Superintendent. 41
6. REVISEO DEFERRED COMPENSATION AGREEMENT WITH UNITED S~FATES CONFER-
ENCE OF MAYORS
Approved the subject 'United States Conference of Mayors
Deferred Compensation standard agreement as recommended by the
Deferred Compensation Committee. 45
84-41
?. RESOLUTION NO. 85-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING'PLANS AND SPECIFICATIONS FOR STORM
DRAIN IMPROVEMENTS - SAN JUAN STREET DRAIN FACILITY NO. FO7P24 AND
LATERALS
Adopted Resolution No. 85-41 as recommended by the Engineering
Depart ment. 91
8. RESOLUTION NO. 85-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO CONDUCT A PUBLIC
HEARING TO DETERMINE WHETHER OR NOT TO CHANGE THE DESIGNATION OF
LAGUNA ROAD, FROM NEWPORT AVENUE TO MYFORD ROAD, TO EL CAMINO REAL
Adopted Resolution No. 85-42 as requested by the City Council.
(Public Hearing set for June 3, 1985.) 96
9. REJE~ION OF CLAIM OF ~ESTERN EMPLOYERS INSURANCE COMPANY; DATE OF
LOSS: 1-4-85; DATE FILED WITH CITY: 4-8-B5; CLAIM NO.: 85-22
Rejected subject claim as recommended by the City Attorney. 40
10.
REJECTION DE BIDS FOR RAWLINGS RESERVOIR ROOF REPAIR AND PAINTING
PROJECT
Rejected all bids received for the Rawlings Reservoir Roof
Repair and Painting Project as recommended by the Engineering
Department. (Greinke abstained.) 107
VII. ORDINANCES FOR INll~ODUCTION
VIII.
None.
ORDINANCES FOR ADOPTION
None.
CITY COUNCIL MINUTES
Page 4, 5-6-85
IX. OLD BUSINESS
1. EAST TUSTIN ASSESSMENT DISTRICT
The City Manager presented the staff report and recommendation and
responded to Council questions.
In conjunction with the previously-scheduled May 15 workshop to
review'I-5 Freeway widening projects, Council concurred to include
the East Tustin Assessment District at the May 15 workshop to
receive additional detailed information on same.
It was then moved by Edgar, seconded by Hoesterey, to:.
1) Accept the petition filed by The Irvine Company and order it
filed;
2)
3)
Direct staff to review the petition and report back to the
Council with recommendations for financing improvements in a
portion of the East Tustin area; and
Approve the above subject to a reimbursement agreement (sched-
uled for City Council consideration at its May 20, 1985, meet-
ing) wherein The Irvine Company agrees to advance to the City
the funds necessary to initiate the Assessment District pro-
ceedings.
Carried 5-0. 25
2. SENIOR CENTER PROGRESS REPORTAND DEVELOPMENT STRATEGY
Janet Schwartz, representing the Steering Commi:ttee for a Senior
Center (SCSC), expressed delight and thanks'for CounCil's strong
and consistent support for a senior citizens center.in Tustin.
Following consideration of the inter-com dated April 29, 1985, pre-
pared by the SCSC and City staff, it was moved by .Hoest.erey, sec-
onded by Kennedy, to appropriate $6,000 to complete the Design
Development Report for the Senior Center and reserve $120,000 for
design services and working'drawings to be released when a matching
amount is raised by the Steering Committee for a Senior Center for
construction of the center.
The City Manager suggested that if Redevelopment monies are to be
designated as the funding source that Council express same, and
when the Agency appropriates for land acquisition that it also
appropriate funds according to Option 2.
Councilman Saltarelli expressed preference to appropriate General
Fund monies for the project and encouraged the City to move ahead
in a timely fashion to start construction of a center without fur-
ther delays, i.e. waiting for matching funds, grant funds, etc.
Councilmembers Hoesterey and Kennedy (members of the SCSC) assured
Councilman Saltarelli that the Committee did discuss ultimate
facility size vs. initial size, the architectural plan is such that
it could be a modular type of expansion in the future, and the Com-
mittee chose a site where the Center would not have to move to a
larger site in a few years, and perhaps it would be best if Council
held a workshop to bring everybody up to date as to where the proj-
ect is in terms of facility design.
Councilman Edgar expressed disappointment that the report did not
contain specific dates for presentation of data regarding square
footage, number of seniors to be served, etc. The Director of Com-
munity & Administrative Services responded that staff would meet
with the Committee and consultant and report back to Council within
60 days.
The City Manager redirected discussion to funding. He explained
that if done through Redevelopment funds, money would be appropri-
ated under the Redevelopment Agency. Another alternative is to
CITY COUNCIL MINUTES
Page 5, 5-6-85
r
appropriate $6,000 from the General Fund to get the project moving,
and defer on the matter of design services. He expressed concern
about allocating $120,000 from the General Fund prior to Council
review of the Fiscal Year 1985-86 Budget. Council should have the
preliminary budget prior to the design development report, and
thereby have the opportunity of having reviewed overall City pri-
orities and determine where the appropriation for the design costs
stands in relation to same.
Further Council discussion ensued. The motion was amended by
Hoesterey, seconded by Kennedy, to appropriate $6,000 from the
General Fund to complete the Design Development Report for the
Senior Center and reserve $120,000 for design services and working
drawings for construction of the center. Carried 5-0. 41
Councilman Edgar noted that he will calendar.the 60 days for staff
to report back to Council on July 1, 1985.
Xe
NEW BUSINESS
1. AUTHORIZATION
READING
TO PURCHASE THREE-WHEELED
VEHICLE
FOR WATER I~TER
Bids for subject item were received as follows:
Toro Pacific Distributing, City of Industry
Mission Chemical Company, San Diego
Westore Distributing, Inc., Hayward
$6,795.64
$7,168.20
$7,738.00
As recommended in the inter-cem dated April 23., 1985, prepared by
the Engineering Division, it was moved by Edgar,-seconded by
Hoesterey, to authorize the purchase of one three'wheeled vehicle
(scooter) from Toro Pacific Distributing, City-of. industry, in the
amount of $6,795.64. Motion carried 5-0. 87
2. AUTHORIZRTION TO PURCHRSE COMPRESSOR
Bids for subject item were 'received as follows:
Ingersoll-Rand, Pico Rivera
Engine and Equipment Co., South Gate
Orange County Equipment, Santa Ana
125 Gasoline
160 Gasoline
160 Diesel
125 Gasoline
125 Diesel
*Does Not Meet
Minimum Specs
$ 9,024.84
$10,147.38
$10,726.14
$10,002.16
$10,460.08
$10,467.50
It was moved by Saltarelli, seconded by Hoesterey, to authorize the
purchase of one Ingersoll-Rand #125 gasoline powered compressor
from Ingersoll-Rand, Pico Rivera, for $9,024.84 as recommended by
the Engineering Division in the inter-com dated April 23, 1985.
Carried 5-0. 87
RECESS; RECONVENEO
Mayor Greinke called a recess at 8:20 p.m.
at 8:26 p.m. with all members present.
The meeting was reconvened
3. REQUEST FOR REMOVAL OF PARKING RESTRICTIONS (MARSHALL LANE)
The staff report and recommendation were presented by the Director
of Public Works as contained in his inter-com dated April 18, 1985.
Howard H. Graser, 13331 Marshall Lane, spoke in opposition to
removal of the parking restrictions.
It was moved by Hoesterey, seconded by Kennedy, to continue the
matter pending completion of the study to res{rict parking City-
wide during street sweeping hours (on one-half of the street at any
one time) in approximately 6-8 weeks. Motion carried 5-0. 75
CITY COUNCIL MINUTES
Page 6, 5-6-85
XI.
4. TUSTIN LANDSCAPE AND LIGHTING DISTRICT - RESOLUTION ND. 85-43
It was moved by Kennedy, seconded by Edgar, to take the following
actions with the understanding that it is easier to form the pro-
posed Assessment District now and it is being done with regret:
1) Adopt the following; and
RESOLUTION ND. 85-43 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, INITIATING THE FORMATION OF A LAND-
SCAPE AND LIGHTING DISTRICT UNDER THE LANDSCAPING AND LIGHTING
ACT 0F1972
2)
Direct staff to engage a consulting firm to prepare the Engi-
neer's report and all other requirements for the formation of
the proposed Assessment District.
Carried 5-0.
25
5. REQUEST FOR TREE REMOVAL - 173 MOUNTAIN VIEW DRIVE
Following consideration of the inter-comdated April 18, 1985, pre-
pared by the Director of Public Works, Councilwoman Kennedy stated
she subject request should fall under Case III, whereby City
removal and replacement is at full cost to the property owner.
The Director of Public Works responded that subject tree falls
under Case II, not as an undesirable tree due to extensive litter,
but under "or other problems." The Director suggested that staff
be authorized to refine the City's policy on tree removal and
replacement to eliminate "or other problems" from the Case II cate-
gory.
It was then moved by Saltarelli, seconded by Edgar, to authorize
the removal of the Elm tree at 173 Mountain View ·Drive. by City
forces subject to its replacement at the property owner's expense
for all labor, materials and tree. Carried 4-1, Kennedy·opposed.
86.1
FIRE SERVICES AGREEMENT AND FIRE STATION LEASE AGREEMENT FOR FISCAL
YEAR 1985-86
The City Manager presented the staff report and recommendation as
contained in the inter-com dated May 1, 1985, prepared by the
Director of Finance.
It was then moved by Kennedy, seconded by Edgar, to endorse the
following agreements between the City and the County of Orange, and
authorize their execution by the Mayor and City Clerk:
1) The fire protection services agreement for Fiscal Year 1985-86
for the sum of $1,953,731 effective July 1, 1985; and
2)
The lease agreement for the fire station facility located at
14901 Red Hill Avenue for the sum of $1,908 per month effective
concurrently with the fire protection services agreement.
The motion carried 5-0.
REPORTS
45
85-22
1. PLANNING COI~4ISSION ACTIONS - APRIL 22, 1985
It was moved by Edgar, seconded by Saltarelli, to ratify the entire
Planning Commission Action Agenda of April 22, 1985. Carried 5-0.
2. EMERGENCY EQUIPMENT REPLACEMENT
It was moved by Kennedy, seconded by Edgar, to receive and file
subject '~port dated April 3U, 1985, prepared by the Administrative
Assistant. Motion carried 5-0. 87
CITY COUNCIL MINUTES
Page 7, 5-6-85
XII.
XIII.
3. CONCERTS IN THE PARK
The Recreation Superintendent presented the staff report and recom-
mendation as contained in the inter-com dated April 30, 1985.
Council concurred to authorize the Mayor to send a note of thanks
to local businesses who have helped make the concerts possible, and
to receive and file subject report. 41
OTHER BUSINESS
1. 1986 EL CANINO REAL CHAMPIONSHIP CHILI COOK-OFF
Councilwoman Kennedy suggested that the Senior Citizens Center be
submitted to the Advisory Committee for consideration to receive
profit funds from the 1986 E1 Camino Real Championship Chili Cook-
off. 41
2. GIUU:FITI
Councilwoman Kennedy reported there is graffiti on a wall in Utt
Park which is visible from the I-5 Freeway. The Director of Public
Works stated staff would remove the graffiti.
3. TRUCK PARKING ON SAN JUAN AND REDHILL
In response to Councilman Saltarelli regarding semitrailers parking
at the northeast corner of San Juan and Redhill, Chief Thayer
stated that the entire City has been patrolled qui%e extensively,
with specific notice to Officers to cite any trucks that are caus-
ing a problem, i.e., semitrailers parking on private parking lots.
Councilman Saltarelli requested that staff respond to the resident
who brought the matter to his attention an~ inform him of City
actions on same. 75
4. ORANGE COUNTY llL~NSPORTATIoN COMMISSION - OISTRICT"I'
In accordance with Councilman Hoesterey's request, Council con-
curred to submit Councilman Hoesterey's name to. the League of
~ as a nominee to serve on the Orange County Transportation
Commission - District 1. (It was later detePmined that Councilman
Hoesterey does not meet residency requirements for District 1.).
5. BASKETBALL COURT - MRGNOLIA TREE PARK
Councilman Saltarelli reported that he has received complaints that
the basketball court in Magnolia Tree Park in the Peppertree sub-
division needs resurfacing. 77
6. REPLACEMENT OF LIGHT BULBS ON )lAIN STREET
Mayor Greinke reported that several street lights are burned out on
Main Street, and he requested that they be replaced.
RECESS - REDEVELOPMENT - ADJOURNMENT
At 8:45 p.m. it was moved by Edgar, seconded by Kennedy, to recess to
the Redevelopment Agency, and thence adjourn to a Workshop on May 15,
1985, at 4:00 p.m. to review alternatives regarding the I-5 Freeway
widening projects and to receive additional information regarding the
East Tustin Assessment District, and thence to the next regular meeting
on May 20, 1985, at 7:00 p.m. Carried 5-0.
CIT~CLERK
MAYOR
MINUTES OF A REGULAR IEETIN6
OF THE REDEVELOPMENT AGENCY OF
THE CITY OF TUSTIN, CALIFORNIA
MAY 6, 1985
CALL TO ORDER
The meeting was called to order at 8:45 p.m. by Chairman Greinke in the
City Council Chambers, 300 Centennial Way, Tustin, California.
ROLL CALL
Agency Members Present:
Agency Members Absent:
Others Present:
Frank H. Greinke, Chairman
Donald J. Saltarelli, Chairman Pro Tem
Richard B. Edgar
Ronald B. Hoesterey
Ursula E. Kennedy
None
William A. Huston, Exec. Director/City Manager
James G. Rourke, City Attorney
Mary E. Wynn, Record%rig Secretary/City Clerk
Donald D. Lamm, Com. Development Director
Charles R. Thayer, Chief of Police
Robert S. Ledendecker, Director of Public Works
Royleen A. White, Dir. of Com. & Admin. Srvcs.
Jeffrey C. Kolin, Recreation Suoerintendent
Janet Hester, Administrative Secretary
Approximately 20 in the audience
3. APPROVAL OF MINUTES
It was moved by Edgar, seconded by Hoesterey, to approve Minutes of the
April 15, 1985, Regular Meeting. The motion carried 4-0, Saltarelli
abstained.
4. AUTHORIZATION TO PURCHASE PROPERTYFROM TUSTIN UNIFIED SCHOOL DISTRICT
As recommended in the inter-com 'dated May 6, 1985, prepared by the Execu-
tive Director, it was moved by Kennedy, seconded by Saltarelli, to:
1) Approve the purchase of a 1.229 acre site from the Tustin Unified
School District;
2) Appropriate $775,000 from the Town Center Capital Projects Fund for
purchase of the site; and
3) Authorize the Executive Director Of the Agency to open an escrow
account and execute documents necessary to consummate the purchase.
Mrs. Kennedy requested that the Agency sponsor an on-site celebration at
the close of escrow on subject property.
The motion carried 5-0. 85
OTHER BUSINESS
None.
6. RECESS - CLOSED SESSION - RECONVENEO
At 8:48 p.m. Chairman Greinke announced that the Agency would recess to a
Closed Session pursuant to Government Code Section 54956.8 to give
instructions to the City's negotiator regarding negotiations with the
leasehold owners concerning the purchase of the Newforth Center.
The Agency reconvened at 10:30 p.m. with all members present.
REDEVELOPMENT AGENCY MINUTES
Page 2, 5-6-85
7. EMINENT IX)MAIN PROCEEDINGS - NEWFORTH CENTER
By way of action from Closed Session, the A~ency concurred to set a public
hearing for June 3, 1985, at 7:00 p.m. for consideration of a resolution
of necessity to acquire interests in real property by eminent domain and
authorizing the institution of eminent domain proceedings for the acquisi-
tion of the outstanding leasehold interests in the Newforth Center on New-
port Avenue, and to direct staff to cause public notice to be given in
accordance with law. 85
8. AI)JOURNMENT
At 10:31 p.m. the meeting was adjourned to the next regular meeting on
May 20, 1985, at 7:00 p.m. by unanimous informal consent.
CHAIRMAN