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HomeMy WebLinkAboutCC 1 MINUTES 05-03-82MINUTES OF AN ADJOUrnED OF ~ TUSTIN CITY COUNCIL COUNCIL CHAPIBERS 300 Centennial Way April 20, 1982 I. CAL~ TO O~D~R The meeting was called to order by Mayor Sharp at 7:31 p.m. II. l~n'.T. Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp None William A. Huston, City Manager Mary E. Wynn, City Clerk Bob Ledendecker, Director of Public Works Roy Gonzales, Personnel Director Approximately 25 in the audience III. pv.~E ~ ~r~.~GI~NCE The Pledge of Allegiance was led by Councilman Edgar. IV. INVO- CAT~O~ The Invocation was given by Councilman Hoesterey. The Canvass of the General Municipal Election held on April 1982 was given by Mary E. Wynn, City Clerk, with the results that the two winning candidates were Ursula E. Kennedy, with 2,067 votes, and Frank H. Greinke, with ~,338 votes. The Certificate of Canvass is attached to Resolution No. 82-34. 2. 1~~ NO. 82-34 - A Resolution of the City Council of the City of Tustin, California, RECITING ~{E FACT OF THE GENERAL MUNICIPAL ELECTION AND THE SPECIAL PRIMARY ELECTION HELD IN SAID CITY ON APRIL 13, 1982, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW It was moved by Hoesterey, seconded by Edgar, to pass and adopt Resolution No. 82-34 as reco~nended by the City Clerk. Carried 5-0. 3o PI~F~s~TION ~00~FT~OING ~ORAND (~OUN~,,-~IAN JAMES B. Mayor Pro Tem Hoesterey presented plaques from the City of Tustin to James B. Sharp as outgoing Mayor and as outgoing Councilman. He also presented a pocket watch to him from the councilpersons and staff. 4. ADMINIST~ATXO~ O~ OA~S OF OFFICE Mary E. Wynn, City Clerk, administered the Oaths to Councilwoman Ursula E. Kennedy and Frank H. Greinke and presented them with Certificates of Election. Ursula E. Kennedy and Frank H. Greinke took their seats as reelected and newly elected councilpersons. The City Clerk opened nominations for Mayor for the coming year. Frank H. Greinke nominated Richard B. Edgar. The nominations were closed. Councilman Edgar was elected by a vote of 5-0. CITY COUNCIL MINUTES PAGE 2 4-20-82 6. ~'r.m:'~OH OF MAYOR Mayor Edgar opened nominations for Mayor Pro Tem for the coming year. Councilman Saltarelli nominated Ursula E. Kennedy and nominations were closed. Councilwoman Kennedy was elected Mayor Pro Tem by a 5-0 vote. Mayor Edgar made the following appointments to co~nittees: Orange County Sanitation District No. I - Don Saltarelli, Rep., Richard Edgar, Alt. Orange County Sanitation District No. 7 - Richard Edgar, Rep., Don Saltarelll, Alt. Public Agencies Data Systems (PADS) - Ron Hoesterey, Rep., Frank Greinke, Alt. Orange County Vector Control - Ursula E. Kennedy, Rep., Don Saltarelli, Alt. League of Ca. Cities, Orange County Div.- Frank Greinke, Rep., Ron Hoesterey, Alt. Santa Ana River Flood Protection Agency - Ursula Kennedy, Rep., Frank Greinke, Alt. National Organization to Insure a Sound Controlled Environ- ment (NOISE) - Ursula Kennedy, Rep., Ron Hoesterey, Alt. Mayor Edgar verified the following existing committees appointed by the Orange County City Selection Committee: Local Agency Formation Commission (LAFCO)- Don Saltarelli, Rep. (4 year term, expires May, 1984) Orange County Airport Land Use Commission - Richard Edgar, Rep. (4 year term, expires May, 1985) VII. ~T - It was moved by Hoesterey, seconded by Kennedy, to adjourn at 7:46 p.m. to the next regular meeting on May 3, 1982. Carried 5-0. M~YOR ~ OF A ~G~AR ~G OF ~ ~STZN CIT~ COONCIL COUNCIL CHAMBERS 300 Centennial Way Apxil 19, 1982 I- ~T.T. TO O~DE~ The meeting was called to order by Mayor Sharp at 3:45 Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp None James G. Ro~rke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Mike Brot~markle, Co~. Dev. Director Ken Fleagle, Planning Consultant Bob Ledendecker, Director of Public Works Roy Gonzales, Personnel Director Ronald Nault, Finance Director Royleen White, COmmlmity Services Director Jeff Davis, Planning Aide Eva Solls, Deputy City Clerk Approximately 20 in the audience III. P~0CLAH~TI~ 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 t_he Council and handed out copies of a booklet entitled, "Friends Can Be Good Medicine." 84 IV. CO~'ZIalU~D Pum,ZC BEAR.TNG 1. GAME ~ES - ORDINANCE NO.. 870 As recOmmended by the Community Development Director in his report dated April 19, 1982, it was moved by Hoesterey, seconded by Saltarelli, to continue to the May 3, 1982, meeting consid- eration of the following ordinance: O~DINANCE NO. 870 - An Ordinance of the City Council of the City of Tuetin, 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. Pepperonl's Pizza Store, 651 E. First Street, stated that at Council's request he had submitted writ- ten coments 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. Councilm-n Edgar stated that Mr. Patterson's coments were very wisely presented. There were no other speakers on the matter. The motion carried 5-0. 81 The Con~nunity 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. P~?-~C 1. VI. C~T TRA~-C SIGNAL AT ~ ,T,.?. & WiT.hurT A~ Kathy Well, 1702 S,-~erville, Civic Liaison for Tustln Meadows Cna?unity 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. Weil 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. Weil 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 back 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. Well meet with staff to review subject report prior to the May 3 meeting. 94 2. P0~/T~C~L SI~S 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. Counctlm-n Hoesterey commented that the political sign require- ments should once again be reviewed and reclarlfied. 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 It was moved by Kennedy, seconded by Edgar, to approve the entire Consent Calendar. Carried 5-0. 1. APP~ OF MIN~E~- April 5, 1982 2. APPBOFAL O~ D~%NDS in the amount of $1,188,353.31. P~ICA~ 0~ pA1~a~x.T, in the amount of $97,052.87. 5O ~~ NO. 82-32 - A Resolution of the City Council of the City of Tustin, ~COMMENDING APPROVAL OF FINAL pARCEL MAP NO. 81-1028 (West side of Carroll Way, north of Seventeenth Street) Adopt Resolution No. 82-32 as recon~nended by the Com~aunity Development Department. 99 4e ~EJ~f~FTX0~ NO. 82-33 - A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR FAIRHAVEN AVENUE WATER MAXN Adopt Resolution No. 82-33 as recommended by the City Engi- neer and the City Manager. 107' D~ZAL C~' CZAI~ OF ~C)lei'rK B. ~,J...~ql,'ONO; DAq'K OF LOSS: 1/9/82; FTT.~n WXq'H CITY: 3/16/82; CLAXMNO. 82-10 Deny claim of Tommie B. Rutherford as recommended by the City Attorney. 40 DENI..A[, OF *"9'.,%ZM OF B~,,NBARA F. ~U'Fw'~KFO~D; DAXE OF ACNe: 1/9/82; DA~ ~,,.~n WI'~H CIT'/': 3/16/82; CIA.T/4NO. 82-9 Deny claim of Barbara B. Rutherford as recommended by the City Attorney. 40 CITY COUNCIL MINUTES Page 3, 4- 19-82 VII o OI~)I-- NANCES FOR 1. VIII. O~DI- NANCE~ flOR ADO~T~ None · F~.~a-~ OF S~BDzvzSIC~ ~T~ __~S FOR ~UiC~ 10401, 10495, 10563, AND 10762 Authorize release of the following subdivision warranty bonds= Trac~ No. 10401 - Bond 97117497; Tract No. 10495 - Bond 92050-18-051204; Tract No. 10563 Bond %2050-18- 051204; and Tract No. 10762 - Bond %2619870, as reco~ended by the City Engineer. 99 Authorize settlement of this claim by Co~promise and Release to provide for ~ayment of $7,000 plus medical-legal liens of $1,411 as recom=ended by the City Attorney and ~he City's Worker's Compensation Administrator. 7~ O~DINANC~ NO. 871 - An Ordinance of the City Council of the City of Tustin, California, AMENDING ~HE PURCHASING PROCEDURES FOR THE CIT~ OF TUST~N As reco~-ended 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 1. 325 SO0'~ 'C" STREET ~he Co~=unity Development Director presented the staff repor~ and reco~endation. As reco~ended by the Cc==nunity Development Department in the repor~ dated April 19, 1982, it was moved by Kenned~ that the agreement between Mr. Kelly and the City be emended for a ~eriod of 120 days. As planning and construction continue, the Community Development Director shall provide a written progress re~ort 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 ~ied for lack of a second. It was then moved by Saltarelli, seconded by Edgar, that if the projec~ 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 proper~y 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 4-1, Kennedy opposed. 81 OI~I~E (~]N~ ~AN~IT DIS~R~CT (OC~D) C~ FEA~IBTr'TTY S~ODY In addition to his repoz~c dated April 14, 1982, the Director of Public Works added that staff received from OCTD a letter and scope of work that they propose to have their consultant Perform ~nder. The letter indicates there is no major change in the n,~her 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 Ana. In discussion CITY COUNCIL MINUTES Page 4, 4-19-82 with OCTD, 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 Salter, iii voiced his objection to a transportation center in Tustin. It was moved by Salter.iii, seconded by 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. P~LOCA~X~ & ~ P~AN - e~T.TFO~XAN AP~TS C0~DO~x~H C~Z~ (14992 Newport Avenue) Ih, Community Development Director presented the staff report and recommended that it be referred ~o the City Attorney for a future repor~ back to the Council. P~ck 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." Page 3, Eligibility Disqualification - The Association is opposed to this entire section, as the City Ordinance has already defined eligibility. Ce Page 6, Rent Raises - The City Council and City Ordinance have made it clear there wo%tld 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. 1. ~T FOR ~ E~F&~FA~ (13602 Malaria Drive) Pursuant to the recOm~endation contained in the report dated March 29, 1982, prepared by the Maintenance Superintendent, it was moved by Hoestera¥, seconded by Edgar, that the two parkway trees in front of the residence of Mr. and Mrs. Marcinkevicz, 13602 Malaria 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. ~Q~EST FOR i~,~.vz.K OF PA~K LAt~ I~DXCA'~X01~ FEES - ~T 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 fun~s 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. · he Community Development Director stated that the Code stipu- lates that it would be a purpose of the Ho~slng 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 15-20% affordable by going to 35%. On the other hand, without those deed restric- tions, basically the first-t~me buyer would be the only one to achieve ma~im~ 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 by Edgar, seconded by Saltarelll, 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. 81 3. ~g~EST FB0~ T0STXN JAzu~S ~7.A~DZNG '~ DAXS As requested in the letter dated April 7, 1982, from Terry L. Sorensen, President of the Tustin Jaycees, it was moved by Hoesterey, seconded by 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 par~y then having coverage to the extent it may dee~ necessary; 2) Only 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 ~arade in an amount not to exceed $2,750.00. Counci!m~_n Edgar requested that the "Release, Hold Harmless and Indem~ity Agreement" be corrected to read "Tustin Jaycees" rather than the "Tustin Junior C~amber of Commerce." The motion carried 5--0. 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 n,~her 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 ele~nts 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 co~rse 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 f~nding the projects. However, for this year, the City is committed tO the event. Council concurred. "~3e City Manager reminded Council that an Executive Session was requested for discussion of labor negotiations. 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 ~aralleling HUD T~tle 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 · He 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. Ail 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 lnvolvament would be needed. A long contract (such as 25 years) would ~e written, after which time ownership would rever~ to the Agency. Cost-of-living increases in rental wo~ld 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 · Counc]lm~n 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- ~orter of Tustin, Mr. Walter Fredrickson, owns a ~arcel at 525 South "B" Street and is willing to proceed along the lines proposed by Councilman Edgar. He noted the following figures o~ this action: The appraised value of the land is about $100,000 which would be purchased by the Agency; the ~%mensions are 50 by 150 ft. or .176 acres; six small units at about 600 sq. ft. each with one perking 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 by Edgar, seconded by 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 R~develop- ment financial plan and reco~nended that any final decision be weighed in view of all other potential projects. Cour~ 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 par~ of the financial plan and address the capabilit~ of the Agency to do it from a financial standpoint. The motion carried 5-0. be Col,~hus Tustin Park & Multipurpose R~creation Facility 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 Tustin Park & Multipurpose Recre- ation Facility plan will be expected on July 19, 1982, and the Master Plan of Recreation and Parks, on DecAmher 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. NewDor~ 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 Tustin 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. Development Proposal at Hadley'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 co~nitted 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 co--unity. 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 Newly-Elected Officials - Councilman Saltarelli offered his congratulations to Councilwoman Kennedy and Mr. Frank H. Greinke on their recent victories in the City election. 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 Community Association at subject loca- tion. Executive Session - Councilman Saltarelll requested that the Executive Session following the meeting include dlsc~ss!on of legal and personnel matters. 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. ADJO~T It was moved by Edgar, seconded by Kennedy, to adjourn to a~ Execu- tive Session for ~scussion of labor negotiations, legal and person- ne1 matters and thence to an adjou_vned regular meeting on Tuesday, April 20, 1982. MAYOR