HomeMy WebLinkAboutCC 1 MINUTES 09-06-83MIN~S OF A REGUI_N~ ~ETING
OF THE CIl~ COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
AUGUST 15, 1983
I. CALL TO OR~ER
PLEDGE OF ~LLE~IkBCE
X#VOCATION
The meeting was called to order by Mayor Hoesterey at 7:01 p.m. in
the City Council Chambers, 300 Centennial Way. The Pledge of Alle-
giance was led by Councilman Edgar, and the Invocation was given by
Mayor Hoesterey.
II. ROLL
CAll
III. SPECIAL
PRE~NTATXONS
1.
Councilpersons Present:
Council persons Absent:
Others Present:
®
Ronald B. Hoesterey, Mayor
Ursula E. Kennedy, Mayor Pro Tem
Richard B. Edgar
Frank H. Greinke
Donald J. Saltarelli
None
James G. Rourke, City Attorney
William A. Huston, CityManager
Mary E. Wynn, City Clerk
Donald D. Lamm, Community Development Dir.
Royleen A. White, Director of Community and
Administrative Services
Robert S. Ledendecker, Dir. of Public Works
Captain N. Williams, Police Department
Approximately 65 in the audience
PROCLARATION - LAW :E]I:ORCEMENT EXPLORER POST 811
Mayor Hoesterey read and presented a proclamation commending
Law Enforcement Explorer Post 811 for their many community
services. Captain Williams introduced explorer members present,
who expressed thanks to Council. 84
7TH CONSECUTIYE PEDES-rRIAN SAFE-FY CITATION BY AUTOI"K)BILE ~UB OF
SOIFilERN CAI_IFOIUIIA
Gene Shaw, District Manager of the Santa Aha Office, presented
Mayor Hoesterey with the seventh consecutive Pedestrian Safety
Citation for 1982, and congratulated Tustin on its achievement.
IV. PUBLZC
CONCERNS
1.
~IFORNIAN APARlllEI(~S CONDOMINIUM COliVERSION
Linda Williams, 14914 Newport Avenue #K, Californian Apartments,
presented a petition signed by 90 residents with photographs,
and reported on conditions in the complex which are a result of
the condominium conversion work in progress. Ms. Williams
provided results of a survey conducted by the tenant committee.
Mayor Hoesterey thanked Ms. Williams for her information, and
stated that the City Attorney has advised that it would be
inappropriate for the City Council to comment at this time since
there may be necessary legal action. 43
2. REQUES-r FOR CtlRI~ DECOI~TIONS IN DOWNTOWN AREA
Walter Fl aherty, downtown merchant, requested decorations for
the 1983 Christmas season. The City Manager indicated staff
would investigate and report back to Council. 89
3. WINi)~R GARDENS CONDOMINIUM CONVERSION
Marsha Hill, 1651 Mitchell #C-3, also reported on conditions in
the apartment complex due to the condominium conversion project
and submitted petitions and photographs. Mayor Hoesterey noted
CITY COUNCIL MINUTES
Page 2, 8-15-83
that this condominium conversion is under the same management as
the Californian Apartments and reiterated his comments relative
to the inappropriateness of Council discussion of the matter,
and he encouraged residents to maintain contact with Community
Development Department staff. 4.t
4. RCOUSTICS IN COUNCIL ~E~
Helen Edgar complained of acoustics in the Council Chambers and
requested that speakers be placed in the rear corners of the
Chambers for the benefit of those Sitting in the back rows. 39
5. ~IFORIIIAIi AI~A~ll~EI(~S COIIDOI~INIUM CONYE~IOIi
James Shannon, 14922 Newport Avenue, requested information on
action the City plans to take to rectify the matter. The Com-
munity Development Director stated that City staff, together
-with the Orange County Health and Fire Departments, has
inspected the Windsor Gardens and Californian Apartments condo-
minium conversion projects. At the Californian Apartments,
rather extensive violation notices have been issued to the prop-
erty owner by each governmental agency. He added that the
recommendations will basically provide the property owner 30
days in which to make substantial corrections, after which a
public hearing will be held which residents can attend, and
staff ~ll have a public report indicating whether the viola-
tions have been corrected. If not corrected, legal action will
most likely follow. Mr. Shannon expressed satisfaction ~th
this information and indicated he would maintain contact with
the Community Development Director.
The Director continued that to date staff has been unable to
make extensive inspections at Windsor Gardens and requested a
contact.person, to which Ms. Marsha Hill agreed to be the repre-
sentative for coordinating unit inspections.
John Cagnon, 14938 #S Newport Avenue, had further questions, to
which the Community Development Director responded. ~
6. CABLE TELEVI$IOll IN llJSlI#
Steve Markl, 14902 Bridgeport, Tustin Meadows Board of Direc-
tors, presented a list of concerns pertaining to installation of
cable television services in Tustin Meadows. Communicom repre-
sentatives responded to Mr. Markl's concerns, and a discussion
period followed.
Bruce Miller, 14631 Danborough, relayed his experience with
pedestal installation on his property and staff's resolution of
his problem.
C. W. Chuck Young, 340 West Main Street, complained that he
still does not have cable television service after nine months
of waiting. Councilman Greinke indicated he would look into the
matter.
Following a discussion period, it was Council consensus to allow
Communicom to commence pedestal installation at the 94 locations
v/here approval has been obtained, and direct Communicom to con-
tinue negotiations with the six remaining property owners for
approval, and report back to Council on September 6, 1983, for
final Council action. S3
7. REQUEST FOR REMOVAL OF CONSENT CALENOAR ITEH !10. 3
Steve Markl requested a two-week continuance of Consent Calendar
Item No. 3, to which staff agreed.
8. CLAIM N0.'82-5
Pearl Murray, 185 Pacific Street, spoke briefly regarding the
City's claim against her mother's estate. Mayor Hoesterey
interjected that the matter is under review. 40
CITY COUNCIL MINUTES
Page 3, B-15-83
¥. CO~TI#UED
PUBLIC IEJ~RI#G
1. APPEAL OF USE PERMIT 83-12 - HOME .FEDERAL SAVINGS & LOAN
The Community Development Director presented the staff report as
contained in the inter-eom dated .August 15, 1983, prepared by
the Community Development Department.
Mayor Hoesterey opened the continued public hearing at 8:30
p.m. The following spoke in favor of Use Permit 83-12:
Doug Oanielson, Danielson Design Group, project architect
Arthur E. Bartlett, Larwin Square Ltd. General Partner
Frank Melard, Pet Mart owner (located behind proposed building)
Helen Edgar complained of insufficient parking, hazardous traf-
fic conditions, and lack of night lighting in Larwin Square.
There being no other speakers on the matter, the public hearing
was closed.
The Community Development Director made a brief slide presentar
tion. Council discussion followed. Councilmen Edgar and
Greinke spoke in opposition to Use Permit 83-12 on the basis of
inadequate parki rig.
Councilman Saltarelli spoke in favor of Use Permit 83-12, noting
that the parking standards meet City Code.
Mayor Pro Tem Kennedy expressed concern over tack of City stan-
dards which* set aside a percentage of space for parking instead
of a given number, and requested staff to look into same to
resolve parking problems and halt the "restriping game" for com-
pact stalls. She continued that she cannot support Use Permit
83-12 based on inadequate parking and aesthetics. 'She encour-
aged the applicant to submit another proposal where a building
would not be constructed in front of existing structures.
Mayor Hoesterey stated that he could not support an additional
facility in the center without first correcting the existing
parking problems and traffic hazards. Councilman Greinke stated
he would favor assisting the center owners by allowing removal
of the play yard to be replaced with parking stalls.
Doug Danielson and Arthur Bartlett offered rebuttal arguments
in favor of Use Permit 83-12.
It was moved by Greinke, seconded by Edgar, to deny Use Permit
83-12.
The motion was amended with approval of the maker and second, to
deny Use Permit 83-12, to waive permit fees should the applicant
submit a new proposal within a year, and to approve elimination
of the tot lot.
Councilman Saltarelli again spoke in favor of Use Permit 83-12.
The amended motion carried 4-1, Saltarelli opposed.
81
VI.
CALE~AR
Item 3 was removed from the Consent Calendar by Saltarelli. It was
then moved by Saltarelli, seconded by Edgar, to approve the remain-
der of the Consent Calendar. CarriedS-O.
1. APPROVAL OF NI#UTES - August 1, 1983
2. RATIFICATION OF PAYROLL in the amount of $98,120.96
APPROVAL OF I)F~DS in the amount of $105,660.10 50
CITY COUNCIL MINUTES
Page 4, 8-15-83
Consent Calendar Item No. 3 - City Facility Policy: The Director of
community ano Aam~nls:rac~ve Services responded to Council concerns.
Councilman Greinke questioned the existing facility fee schedule.
Lengthy Council/staff discussion followed.
Council concurred that non-resident non-profit group (Group 4) fees
be comparable to resident private (Group 3) fees. Mayor Hoesterey
requested that staff report back on how many groups who use facili-
ties on a regular basis will be affected by same.
It was moved by Edgar, seconded by Greinke, to continue the follow-
ing to September 6, 1983:
3. ClI~ FACILITI~ POLICY
a) Institute a Park Reservation Fee to offset processing costs
for permits and reservations;
b) Institute an Outdoor Sound Amplification Permit to offset
processing costs for permits;
c) Institute an Alcoholic Beverage Permit Fee for outdoor areas
and require clean-up deposits; and
d) Require that groups and individuals serving alcohol provide
the City with a Certificate of Insurance for $500,000 Com-
bined Single Limit of Liability (CSL) or purchase an Orange
County Cities Risk Management Agency (OCCRMA) Liability
Policy through the City.
Carried 5-0. 41
VII. OROINANCES FOR INTRODUCTION - None
VIII. ORDI-
#AIICES FOR
ADOPTION
1.'
SECOND UNITS IN E-4 & R-3 RESIDENTIAL ZONES - ORDINANCE NO. 892
It was moved b~ Saltarelii, seconded by Greinke, that Ordinance
No. 892 have second reading by title only. Carried 5-0..Fol-
lowing reading of title by the City Clerk, it was moved by
Saltarelli, seconded by Kennedy, that Ordinance No. 892 be
passed and adopted as follows:
ORDINANCE NO. 892 - An Ordinance of the City Council of the City
of Tustin, California, APPROVING AMENDMENT NO. 83-2 TO THE ZON-
ING ORDINANCE AUTHORIZING SECOND RESIDENTIAL UNITS IN THE E-4
AND R-3 DISTRICTS AND ESTABLISHING CRITERIA
Roll call vote:
AYES:
NOES:
ABSENT:
Edgar, Greinke, Hoesterey, Kennedy, Saltarelli
None
None
IX. NEll
BUSINESS
X. REPORTS
1.
AUTHORIZATION TO FILL VACANT CUSTODIAN POSITION - PUBLIC WORKS
DEPART~NT
As recommended in the lnter-com dated August 10, 1983, prepared
by the Director of Public Works, it was moved by Saltarelli,
seconded by Kennedy, to authorize replacement of one Custodian
position within the Maintenance Division. Motion carried 5-0.
79
PLANNING COPl~ISSIO# ACTIONS - AU6UST 8, 1983
It was moved by Edgar, seconded by Kennedy, to ratify the Plan-
ning Commission Action Agenda of August 8, 1983. Carried 5-0.
COI~ILIMITY DEVELOPMENT DEPARTMENT PROJECT S~ATUS
The Departmental Status Report dated Augdst 8, 1983, prepared by
the Director of Community Development was received and filed by
unanimous informal consent. 81
CITY COUNCIL MINUTES
Page 5, 8-15-83
3. BULLET TRAIN
The City Manager presented an oral update report and stated that
staff will provide Council with a comprehensive report in the
near. future. 101
XI. OTHER
BUSINESS
1.
REQUEST FOR CLOSED SESSION
The City Manager requested a Closed Session
legal matters.
GI)J~'FITI
for discussion of
Mayor Pro Tem Kennedy reported
Council concurred that funds be
same.
graffiti in Peppertree Park.
budgeted for maintenance of
Councilman Greinke requested staff contact the City of Carson
for information on the chemical they use for graffiti removal,
and he reported fresh graffiti in Pinetree Park.
3. OCTOBER 3 REGULAR ~ETZNG ~SCHEDULEO TO OCTOBER S
It was moved b~ Edgar, seconded by Hoesterey, to resche~ule the
October 3 meeting to Wednesday, October 5, 1983,.due to atten-
dance by several Councilmembers at the California League of
Cities meeting. Carried 5-0. 38
4. EXCESSIVE TRUCK ~IC ON W/U. IIIF~ ME#UE
Councilman Edgar reported excessive truck traffic on Walnut
Avenue. The City Manager stated staff is investigating the mat-
ter and will report back to Council on same.
5. SEIIA~ BILL 14:) - REllOYAL Or IION-CONFOR)IlIIG BUSI#ESS SI~
CoUncilman Greinke stated he is opposed t~ the City's opposition
of SB 142-Ellis which would require cash compensation for remo-
val of any non-conforming business signs within City limits.
The City Manager stated that staff will present the bill,
including all proposed amendments, for Council review and formal
position on the matter at the September 6, 1983, meeting. 61
6. rJ)NGRE~TION B'NAI IS~JiEL BI#GO PEPJ4IT
Mayor Hoesterey requested that. the letter dated August 9, 1983,
from Michael I. Schneider, Executive Vice President, Congrega-
tion B'Nail Israel, pertaining to transfer of their bingo permit
be agendized for the September 6, lg83, meeting. Council con-
curred. 31
XlI. RECESS -
REDEVELOP~#T AGENCY
CLOSED SESSION o
AO~OURIa~ENT
At 10:13 p.m. it was moved by Greinke, seconded by Kennedy, to
recess to the Redevelopment Agency; thence to a Closed Session for
discussion of legal matters; thence adjourn to a meeting on
August 22, 1983, at 7:00 p.m. for ordinance introduction authorizing
execution of a lease of facilities by Tustin Water Corporation to
the City of Tustin, and thence to the next Adjourned Regular meeting
on Tuesday, September 6, 1983, at 7:00 p.m. Carried.
MAYOR
CITY CLERK
MI#U1TS OF AN ADJOURNED 14EETING
OF TIlE CITY COUNCIL OF THE
CITY OF llJS~TIN, C/~.IFOR#IA
AUGU~ 22, 19B3
CALL TO ORDER
The meeting was ca~led to order by Maybr Pro Ten )~ennedy at 7:01
p.m. in the City Hall Conference Room, 300 Centennial Way.
II. ROLL
CALL
III. NEW
BUST#ESS
Councilpersons Present:
Councilpersons Absent:
Others Present:
Ursula E. Kennedy, Mayor Pro Ten
Richard B. Edgar
Frank H. Greinke (Arrived 7:03)
Donald J. Saltarelli (Departed 7:35)
Ronald B.~ Hoesterey, Mayor
James G. Rourke, City Atty. (Arrived 7:05)
William A. Huston, City Manager
Mary E. Wynn, City Clerk
Ronald Nault, Finance Director
Approximately 5 in the audience
1. ELECTION OF LEg ~LLER TO CITY OF TUSTI# WATER CORPORATION
RESOLtffIO# NO. 83-50 --A Resolution of the City Council of the
City of Tustin APPROVING THE ELECTION OF LEN MILLER AS A MEMBER
AND DIRECTOR OF CITY OF TUSTIN WATER CORPORATION
It was moved by Saltarelli, seconded by Edgar, to adopt Resolu-
tion'No. 83-58. Carried 3-0, Hoesterey and Greinke absent. 107
Councilman Greinke arrived at 7:03 p.m.
LEASEBACK BETWEEN CITY OF TUSTI# AND TUSTIM WATER CORPORATIOM
William A. Huston, City Manager, gave a simplified summary of
the Official Statement.
Ed Long, Mudge, Rose consultant, explained the various docu-
ments. The first document was Ordinance No. 893 which is a
leaseback with the Tustin Water Corporation. When the bonds are
terminated the lease is also terminated and the Tustin Water
Corporation will cease to exist.
ORDIBAMCE NO. 893 - An Ordinance of the City Council of the City
of Tustin'APPROVING THE ACT OF ENTERING INTO A PUBLIC LEASEBACK
BETWEEN THE CITY OF TUSTIN AND CITY OF TUSTIN WATER CORPORATION,
AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER
A LEASE EVIDENCING THE SAME
It was moved by Saltarelli, seconded by Edgar, that Ordinance
No. 893 have first reading by title only. Carried 4-0,
Hoesterey absent.
Following the reading of the title of Ordinance No. 893 by the
City Clerk, it was moved by Saltarelli, seconded by Edgar, that
Ordinance No. 893 be introduced. Carried 4-0, Hoesterey absent.
107
3. APPROVAL OF FTNANCING PLA# OF CITY OF TUSTIM WATER CORPORATION
RESOLUTION NO. 83-59 - A Resolution of the City Council of the
City of Tustin APPROVING THE FINANCING PLAN OF, AND CERTAIN
OTHER ACTIONS TAKEN BY, CITY OF TUSTIN WATER CORPORATION, AND
AUTHORIZING CERTAIN OFFICIALS OF THE CITY OF TUSTIN TO EXECUTE
CERTAIN DOCUMENTS IN CONNECTION WITH THE FINANCING PLAN
It was moved by Edgar, seconded by Saltarelli, to adopt Resolu-
ti.on-No. 83-59. Carried 4-0, Hoesterey absent. 107
CITY COUNCIL MINUTES
Page 2, 8-22-83
4. APPOINTMENT OF CONSULTANT AND COUNSELS
It was moved by Saltarelli, seconded by Greinke, to appoint
Bartle Wells Associates as Financing Consultant; Mudge Rose
Guthrie Alexander & Ferdon and Rourke & Woodruff as Co-Bond
Counsel; and Rourke & Woodruff as Counsel to the Corporation.
Motion carried 4-0, Hoesterey absent. 45
83-27
107
Councilman Saltarelli left the meeting at 7:35 p.m.
IV. OTHER BUSINESS
1. PLAQUE Ill I~MORY OF RUTH C. POE, FORt4ER CITY CLERK
It was moved by Edgar, seconded by Greinke, to place a bronze
plaque on the City Hall site dedicating a Magnolia Tree in the
area of the flags to the memory of Ruth C. Poe, City Clerk from
1960 - 1980. Carried 3-0, Hoesterey and Saltarelli absent. 39
2. SPONSORSHIP OF OlILDCARE ADVOCATE PROGRAM
Councilwoman Kennedy requested the City Council sponsor in the
amount of $50.00 the Childcare Advocate program at Stevens
Square in September. Council concurred. 89
3. AB 1235 (FRAZEE)
Council concurred to support AB 1235 (Frazee) that will ensure
that no local government is subject to reverse bailout. This
measure will suspend the deflator. 61
4. STATE TRABSPORTATIO# ~EETIllG Ill SACRAI~i'O
Councilman Greinke reported that the September 1, 1983, State
Transportation Committee meeting of the League of California,
Cities has been moved from Los Angeles to Sacramento and there
will be a resolution on the Bullet Train on the agenda. He felt
it important that we have a representative at the meeting.
Greinke and Edgar volunteered to go. Council concurred. 101
V. AOJOURN~llT
It was moved by Greinke, seconded by Edgar, to adjourn at 8:46 p.m.
to the next regular meeting on Tuesday, September 6, 1983. Carried.
MAYOR PRO TEM
CI'iY CLERK