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HomeMy WebLinkAboutCC 1 MINUTES 10-17-83 (2)MINUTES OF AN ADJOURNED REGULAR ~ETING OF THE CITY COUNCIL OF THE CITY OF TUSTI#, CALIFORNIA OCTOBER 5, 1983 II. III · CALL TO ORDER/PLEDGE OF ALLEGIANCE/INYOCATION The meeting was called to order by Mayor Pro Tem Kennedy at 7:01 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Saltarelli, and the Invocation was given by Councilman Greinke. RDLL CALL Councilpersons Present: Councilpersons Absent: Others Present: Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar Frank H. Greinke Donald J. Saltarelli Ronald B. Hoesterey, Mayor James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Donald D. Lamm, Com. Development Di rector Ronald A. Nault, Director of Finance Captain N. E. Williams, Police Department Robert S. Ledendecker, Dir. of Public Works Royleen White, Dir. of Com. & Admin. Srvcs. Jeff Kolin, Recreation Superintendent Approximately 70 in the audience SPECIAL P~SENTATIUNS 1. PROCLARRTION - "JOHNNY'S OF TOSTIN" SOFTBALL TEA~ Mayor Pro Tem Kennedy read and presented a proclamation to Dave Meggison, Manager, acknowledging the "Johnny's of ?ustin" soft- ball team as the recently crowned 1983 U. S. Slo-Pitch Softball Association National Champions. 8~ 2. PROCLAIGTION - "FIRE PREVENTION ~EK" OCTOBER g-15, 1983 Mayor Pro Tem Kennedy read and presented a proclamation desig- nating October 9-15, 1983, as "Fire Prevention Week" to Chief Henderson. ~ RECESS - REDEVELOPI~NT RECONVENED Il/. AGENCY; At 7:04 p.m. Council concurred to recess the City Council meeting to the Redevelopment Agency. The City Council reconvened at 7:12 p.m. with Mayor Hoesterey absent. PUBLIC CONCERNS None. PUBLIC HEARINGS APPROVAL OF FISCAL YEAR 1983--84 BUDGET 1983-84 REl/ENUE S~[ARING FUNDS The City Manager presented the staff report utilizing charts pertaining to adjustments in the Preliminary Budget and Revenue Sharing Fund from that submitted to the Council in May. A Statement of Fund Balances and a Graphic Display of the Cash Flow Transactions of the Water Fund were handed out to the Council. CIl~f COUNCIL MINUTES Page 2, 10-5-83 Councilman Edgar requested that the 1982-83 year-end statements in the preliminary budget be updated to reflect any significant changes, and he raised concerns regarding separate accounting of the monies derived from the debt service surcharge. In the Redevelopment fund, he felt that all the interest income accounts were not really addressed. He stated his firm belief that the fire contract- figures presented do subsidize County costs, and he has no intention of approving an increase until proven otherwise. The public hearing was opened at 7:34 p.m. There were no speak~ ers on the matter. It was moved by Edgar, seconded by Gretnke, to continue the open public hearing on Fiscal Year 1983-84 Budget and Revenue Sharing Funds to October 17, 1983. Carried 4-0, Hoesterey absent. L~9 DRAFT EIR 83-1 - NEWI~)RT AYENUE EXIENSIOM - RESOLUTIOM NO. 83-60 The Director of Community Development presented the staff report and recommendation as contained in the i nter-com dated October 5, 1983, prepared by the Community Development Department. Mayor Pro Tem Kennedy opened the public hearing at 7:34 p.m. There being no speakers on the matter, the public hearing was closed. It Ms then moved by Edgar, seconded by Greinke, to adopt the following resolution: RE~UTIO# NO. 83-68 - A Resolution of the City Council of the City of Tustin, California, CERTIFYING DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) 83-1 AND AMENDMENTS AS FINAL EIR 83-1 (NEW- PORT AVENUE EXTENSION) Councilman Edgar expressed concern that even with certification of the EIR, the Public Utilities Commission will not approve the extension of Newport Avenue. He felt it inevitable that a plan be formulated that can be funded and physically implemented for traffic relief over the crossing versus an at-grade crossing, which would not be effective. Councilman Greinke commented that a disservice was done to Tustin by closing Newport in the early 60's, and he is prepared to pursue the matter and correct it. Captain Williams responded to Councilman Greinke's questions on citation issuance regarding blocked traffic at rail road cross- ings. Councilman Saltarelll provided historical information on switching operations prior to the Newport Avenue closure. The motion carried 4-0, Hoesterey absent. 95 4. C~rNEIIAL Pr. AN A~NI)I~NT NO. 83-2 - RESOLUTION NO. 83-76 The Community Development Director presented the staff report and recommendation as contained in the inter-com dated October 5, 1983, prepared by the Community Development Department. The public hearing was opened at ?:38 p.m. The Community Development Director responded to questions posed by Roberta Arnold, 14321Clarissa Lane. There being no other speakers on the matter, the public hearing was closed. It was then moved by Edgar, seconded by Greinke, to adopt the following resolution: RESOLUTION NO. 83-76 - A Resolution of the City Council of the City of Tustin, APPROVING AN AMENDMENT TO L~ND USE ELEMENT OF THE GENERAL PLAN TO RESIDENTIAL MULTIPLE-FAMILY RELATIVE TO THE EASTERLY SIDE OF HOLT AVENUE, SOUTHERLY OF WARREN AVENUE, AND WESTERLY OF THE FLOOD CONTROL CHANNEL Carried 4-0, Hoesterey absent. 56 CITY COUNCIL MINUTES Page 3, 10-5-83 VI. ZONING ORDINANCE Ai~ND~NT NO. 83-3 - ORDINANCE NO. 896 The Community Development Director presented the staff report and recommendation as contained in the inter-corn dated October 5, 1983, prepared by the Community Development Department. Councilman Saltarelli expressed concern that the proposed ordi- nance may be too cumbersome, and should be expanded to include hotels and motels. Mayor Pro Tern Kennedy opened the public hearing at 7:56 p.m. There being no speakers on the matter, the public hearing was closed. Council/staff discussion followed. It was then moved by Greinke, seconded b~ Edgar, to table consideration of the lol- l ovri ng .ordl nance to October 17, 1983: ORDINANCE NO. 896 - An Ordinance of the City Council of the City of Tustin, California, AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY CODE, ESTABLISHING THE REQUIREMENT FOR A CONDITIONAL USE PERMIT AND USE CRITERIA FOR DEVELOPMENT PROJECTS DESIGNED FOR NON-RETAIL USES IN C-1, C-2, C-G, M AND PC-COMMERCIAL DISTRICT Carried 4-0, Hoesterey absent. 81 CONSENT CALENDAR Items No. 5 and 9 were removed from the Consent Calendar by Edgar, and a "No" vote was registered on Item No. 6 by Kennedy. It was then moved by Greinke, seconded by Saltarelli, to approve the remainder of the Consent Calendar. Motion carried 4-0, Hoesterey absent. e APPROV~ OF MINUll~S - September 19, 1983, and September 20, 1983 P, ATIFICATION OF PAYROLL i n the amount of $98,082.75 DEMANDS in the amount of $710,978.91 5O RF~ECTION OF CLAIM OF ONNOLEE ELLIOI'r; DATE OF LOSS: 11-10-82; DATE FILED: 12-20-83; CLAIF1 NO. 82-31 Rejected subject claim as recommended by the City Attorney. RELE/LSE OF SUBDIVISION BONDS - TR~&'T NO. 10628 (Southerly side of Warren Avenue between Holt Avenue and Ne~ort Avenue) Accepted the public improvements within Tract No. 10628 and authorized the release of the following bonds: Faithful Performance #590146 in the amount of $12,800.00; Labor and Materials #590146 in the amount of $6,400.00; and Monumenta- tion #590147 in the amount of $500.00 as recommended by the Director of Public Works/City Engineer. g9 RESOLUTION NO. 83-75.- A Resolution of the City Council of the City of Tustin, California, ACTING ON AN APPEAL OF THE CIl~F COUNCIL AFFIRMING THE FINDINGS OF THE PLANNING COMMISSION CON- CERNING USE PERMIT NO. 83-16 Adopted Resolution No. 83-75 as approved by the City Coun- cil. (Kennedy registered a "NO" vote.) 81 REQ~S"[ FOR RESTRICITJ) PAJ~KING ADJACENT ~ llJ~IN Gi~EEN CONDO- MIHIUI(S (Red Hill Ave. a~ S)camore Ave.) Approved the installation of signing to restrict on-street parking during street sweeping hours, 6:00 A.M. to Noon on Thursday, at 14621-14737 Red Hill Avenue and 1361-63 Syca- more Avenue adjacent to the Tustin Green Condominiums and that warnings be issued in lieu of citations for the first 30 daj~ after sign installation as recommended by the Direc- tor of Public Works/City. Engineer. 75 CITY COUNCIL MINUTES Page 4, 10-5-83 RESOLUTION NO. 83-78 - A Resolution of the City of Tustin, Cali- fornia, DESIGNATING PLACEMENT OF CERTAIN STOP SIGNS (Elder Lane at Raintree Road and at Morning Glory Road, and Pomegranate Road at Morning Glory Road and at Cherrywood Lane) Adopted Resolution No. 83-78 as recommended by the Director of Public Works/City Engineer. 94 Consent Calendar Item Mo. 5 - Annual Asphalt Concrete Pavement Repair Program -Following the Public Works Director's response to Councilman Edgar's questions on the program, and pursuant to the recommendation contained in the inter-corn dated September 26, 1983, prepared by the Engineering .Division, it was moved by Edgar, sec- onded by Greinke, to adopt the following: RESOLUTION NO. 83-77 - A Resolution of the City Council of Tustin, California, APPROVING SPECIFICATIONS FOR ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM of the City THE ANNUAL Motion carried 4-0, Hoesterey absent. VII. VIII. IX. Consent Calendar Item No. 9 - Santa Fe Land Improvement Company Specific Plan - The Community Development Director provided clarifi- cation of the staff report dated October 5, 1983, prepared by the Community Oevelopment Department pertaining to the specific plan bounda ri es. It was then moved by Edgar, seconded by Saltarelli, to affirm the Planning Commission action by requiring a Specific Plan for develop- ment of all properties bounded by Red Hill Avenue, the Atchison, Topeka and Santa Fe rail lines, the 55 Freeway, and Valencia Ave- nue. Carried 4-0, Hoesterey absent. 81 ORDIIIAIICES FOR INll~OI)UCTION 1. BI#GO PERMITS - OPJ)IHANCE NO. 895 Pursuant to the recommendation contained in the inter-com dated October 3, 1983, prepared by the Community Development Depart- ment, it was moved by Greinke, seconded by Edgar, that Ordinance No. 895 have first reading by title only. Carried 4-0, Hoesterey absent. Following first reading by title only of Ordinance No. 895 by the City Clerk, it was moved by Gretnke, seconded by Edgar, that Ordinance No. 895 be introduced as follows: ORi)INAMC£ NO. 895 - An Ordinance of the City Council of the City of Tustin, California, AMENDING THE TUSTIN CITY CDDE REGARDING BINGO PERMITS FOR LICENSEES WHICH MOVE TO A NEW LOCATION Motion carried 4-0, Hoesterey absent. 31 0RBIMAMCES FOR ADOPTION - None OLD BUSINESS STATUS OF Si40CE DE~CTOR INSTAJ. LATION IN APARll4EMT UNI~ Following consideration of the staff report dated October 1983, prepared by the Community Development Department, it was moved by Edgar, seconded by Greinke, to continue subject item pending receipt of information from the Orange County Fire Department, noting that this is the second continuance. Carried 4-0, Hoesterey absent. 2. S.B. 821 BICYCLE/PEDESTRIAN FACILITIES PROdECT APPLICATION The Director of Public Works presented the staff report and recommendation as contained in his inter-com dated September 27, 1983. Cll~ COUNCIL MINUTES Page 5, 10-5-83 Xe XI. In response to Councilman Edgar, the Director of Public Works suggested that the City go ahead with the application and while it iS being processed, staff can review widening plans for the I-5 Freeway. If plans indicate its widening to the southerly side, the project scope can be modified. It was then moved b~ Saltarellit seconded by Edgar, to approve the application for S.B. 821 funds to construct a sidewalk along the southerly side of Ntsson Road between 1000+ feet easterly of Red Hill Avenue and 300+ feet westerly of Brining Avenue as a part of an overall proj~t consisting of curb and gutter, drive- way aprons, street paving, street light conduit and street trees. Motion carried 4-0, Hoesterey absent. 86 NEW B~INESS FRONTIER PARK The staff report was presented by the Director of Community and Administrative Services as contained in the tnter-com dated September 13, 1983, prepared by the Recreation Superintendent. Following Council discussion, it was moved by Saltarelli, sec- onded by Edgar, to continue the matter to October 17, 1983, for further input from the Recreation Superintendent pertaining to demographics of the neighborhood, type and location of equip- ment, costs, liability exposure, the need for tot lots in the City, and the possibility of equipment donation through non- profit organizations. Carried 4-0, Hoesterey absent. 77 REPORTS 1. PLAg#I#G COt~MISSION ACTIONS - September 26, 1983 The Planning Commission actions of September 26, 1983, were ratified by unanimous informal consent of the Council. 80 Z. C~U_IFORgIAN/WINDSOR G~J~DENS APARll~E'NTS CONDOMINItM CONVERSION STATUS The Con~nunity Development Director provided a brief background history on both projects and presented the staff report as con- rained in the i nter-cem dated October S, 1983, prepared by the Community Development Department. The following persons made presentations to the Council pertain- ing to living conditions, tenant requests, findings in the staff report, and relocation benefits. Jack Vessel, 1651 Mitchell Avenue, Windsor Gardens Linda Williams, 14914 Newport Avenue, Californian Apartments Mr. Sherman, 1651 Mitchell Avenue, Windsor Gardens James Shannon, 14922 Newport Avenue, Californian Apartments John Cagnon, 14938 Ne~ort Avenug, Californian Apartments Bob Swigert, 149~6 Newport Avenue, Californian Apartments Hassah Zerbe, 1651 Mitchell, Windsor Gardens Peter Wolger, 1651 Mitchell, Windsor Gardens Steve Price, 14918 Newport Avenue, Californian Apartments tenant and Cal State Associates representative, presented chronological events, from acquisition of the two complexes, that Cal State Associates believes has lead to its current financial condi- tion. Mr. Pti'ce requested that Council allow Cal State to float rents to the present market level, and that there be a redefi- nition of relocation benefits and that same be frozen. Mr. Price responded to Council questions, and dialog was allowed between a member of the audience and Mr. Price. Mrs. Juley, California Apartments tenant, relayed conditions in her apartment and presented photos to the Council. Lengthy Council discussion and audience input followed. CIT~ COUNCIL MINUTES Page 6, 10-5-83 It was then moved by Saltarelli, seconded by Edgar, that: 1) Staf{ be'directed to meet with Cal State Associates and with tenant representatives of both projects to work out a plan for the expeditious completion of the Windsor Gardens condo- minium conversion project, and the revocation (or voluntary withdrawal) of the Californian Apartments condominium con- version project; 2) Subject plan include protection of relocation benefits to those eligible; and 3) Perhaps something could be done relative to those who elect to stay after a rent increase, whereby they might receive some type of compensation if they elect to purchase a unit. After further discussion and a question-and-answer period, the motion carried 4-0, Hoesterey absent. 53 3. B~T llLRI# Councilman Edgar reported on the League Conference held in San Francisco that Tustin's position prevailed on the bullet train relative to environmental control, which was accepted in the General Resolution Committee and then approved by the General Assembly. The California League of Cities, State level, is now committed to lobbying legislature for same. 101 XII. OTHER BUSINESS USE OF RADAR ON RESIDE#TIN. STREETS Councilmen Greinke and Edgar reported that the resolution drafted which would legally enpower cities to use radar on resi- dential single-lane streets, even though the 85th percentile has not been met, was approved by the General Assembly. This issue would provide relief on the Main Street dilemma. 2. RED HILL STOR~ DRAIN PRGJECT Councilman Saltarelli commended the Public Works Department on the good job being done on the Red Hill Avenue storm drain proj- ect. REQUEST FOR CLOSED SESSION Councilman Saltarelli requested a Closed Session for discussion of personnel matters. 4. COUNCIL CHAMBERS ACOUSTICS Councilman Edgar requested a report on the Council Chambers acoustics, i.e., placement of speakers in the rear corners of the Chambers, for the October 17, 1983, meeting. 39 5. ANNUAL AUDIT Councilman Edgar commended the Finance Department staff and the auditing firm for completing the annual audit in an expeditious manner. FIREAJ~)IS DISCHAJ~GE FOR CIU)PS PROTECTION' Fl~OM BIRDS Mayor Pro Tem Kennedy thanked staff, on behalf of the residents in Peppertree and Tustin Meadows, for their quick action in end- ing the discharge of firearms for crops protection from birds. CITY COUNCIL MINUTES - Page 7, 10-5-83 XIII. RECESS - REDEVELOPMENT; CLOSED SESSION; OFFICIAL AD,]OURNMENT At 10:25 p.m.,.it was moved by Greinke, seconded by Edgar, to recess to the Redevelopment Agency, thence to a Closed Session for discus- sion of personnel matters; thence adjourn in memory of James Joel Irides, member of the Tustin Unified School District Board of Educa- tion, to a Closed Session for discussion of personnel matters on October 17, 1983, at 5:00 p.m., and thence to the next regular meet- ing on October 17, 1983, at 7:00 p.m. Carried 4-0, Hoesterey absent. MAYOR CI IY CLERK