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HomeMy WebLinkAboutCC MINUTES 1983 02 07 MINUTES OF A REGULAR MEETING OF THE TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way February 7, 1983 I1.CALL, TO ORDER The meeting was called to order by Mayor Edgar at 7:36 p.m. II. ROLL CALL Councilpersons Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Frank H. Greinke Ronald B. Hoesterey Councilpersons Absent: Donald J. Saltarelti Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Michael Brotemarkle, Comm. Dev. Director Roy Gonzales, Personnel Director Robert Ledendecker, Dir. of Public Works Charles R. Thayer, Chief of Police Royleen A. White, Community Services Dir. R. Kenneth Fleagle, Planning Consultant Approximately 25 in the audience III. PUBLIC CONCERNS 1. CALIFORNIA APARTMENTS CONDOMINIUMM CONVERSION The following tenant of the California Apartments aired com- plaints pertaining to the condominium conversion: Peggy Matako, 14894 Newport Avenue %G, stated the following con- cerns: 1) Tenants have received notice that as of March 7, 1983, they must pay their own electricity, in addition to rent, even though the rental agreement includes utilities - is this legal under City ordinance? 2) Are the individual meters already installed? If so, was a permit issued by the City? There are no visual effects that individual meters have been installed. 3) If individual electricity billing is legal, can tenants be furnished a meter reading on the effective date, so that tenants know what their meter is with the first monthly bill? 4) Will exterior lighting (carports, etc.) be included on the meters or kept separate? In addition, Ms. Matako voiced an individual complaint that the ceiling leaks and cockroach prob- lems in her apartment have not been rectified as requested by her over the past two years. In response to Ms. Matako's first concern, the City Attorney stated that tenants residing in the California Apartments at the time of the condo conversion approval are subject to the ordi- nance provision that their rent can't be increased, which would include utilities, and despite individual meters they will be entitled to deduct that amount from their rent. He indicated that the Community Development Department will send notification to Cal State Associates, as well as affected tenants, regarding same. An unidentified member of the audience concurred with Ms. Matako's comments. Steven Price, 14918 Newport Avenue #E, tenant and employee of Cal State Associates, rebutted that he is not aware of any tenant complaints lodged within the past 1~ months or so. In reference to the utility increase, Mr. Price stated that if the appropriate procedure was not followed, then Cal State Asso- ciates is in dire need of Council approval to pass utility increases on, and Mr. Price requested same. CITY COUNCIL MINUTES Page 2, 2-7-83 The Mayor enlightened Mr. Price as to the public hearing proce- dure for same, and the City Attorney added that legal notice must also be given to affected tenants. In response to the Mayor, Mr. Price provided a timetable for project completion. James Shannon, 14922 Newport Avenue, requested that all tenants be informed of their various rights in an effort to resolve dis- crepancies that exist between tenants and management and that a meeting be held between tenants and Council to air existing problems- The Mayor responded that there are appropriate avenues for enforcement of health and safety standards which must be fol- lowed prior to the Council becoming involved in same. It was clarified that the appropriate avenues are through City staff and tenants were encouraged to contact them with specific requests- 43 IV. PUBLIC HEARINGS - None V. CONSENT CALENDAR It was moved by Hoestere~, seconded by Greinke, to approve the entire Consent Calendar. Motion carried 4-0, Saltarelli absent. 1. APPROVAL OF MINUTES - January J 7, ~ 983 2. RATIFICATION OF PAYROLL in ~e ~ount of $206,181.23 APPROVAL OF DEMANDS in ~e ~o~t of $773,049.85 50 3. CCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS (Tract No. ~1291, ~43~ Warher Avenue) Accept the p~lic improv~ents within Tract No. ~291 and authorize the release of all ~rtinent bonds as recomended by ~e City Engineer. 99 ~ 4. RESOLUTION NO. 83-9 - A Resolution of the City Council of ~e City of Tustin, California, ~PROVING PLANS ~D SPECIFICATIONS FOR THE CI~ OF TUSTIN FISC~ YEAR ~982-83 ST~ ~INTEN~CE PR~ ~D DIMCTING [E CITY ~E~ ~ ~VERTISE FOR BIDS Adopt Resolution No. 83-9 as reco~ended by the Engineering Department. 95 5. REQUEST FOR TIME EXTENSION - IRVINE BLVD. FAU PROJECT M-M023(2) Grant to Grissom & Johnson Inc. a 15-calendar-day time extension to complete subject project as recomended by the Engineering Department. 95 6. PYROMUSICAL SHOW FOR 1983 FOURTH OF JULY CELEBRATION Authorize staff to execute a contract with Pyro Spec- taculars, Inc., for the 1983 pyromusical sh~ as reco~ended by ~e Director of Co~unity Services. 45 83-4 7. RESOLUTION NO. 83-3 - A Resolution of the City Council of ~e City of Tustin, ~PROVING FIN~ T~CT ~P NO. 11746 (14351 Red- hill Avenue) Uphold the findings of the Planning Comission by adoption of Resolution No. 83-3 as recomended by the Comunity Development Department. 99 8. PROPOSED CONTRACT FOR HOUSING REHABILITATION, HOUSING AND COM- MUNITY DEVELOPMENT ACT OF 1974 (HCD) Approve ~e contract ~d authorize the Mayor and City Clerk to execute it as recomended by the Comunity Development Department. 45 83-5 9. RESOLUTION NO. 83-11 - A Resolution of ~e City Council of ~e City of Tustin, California, ~PROVING PLANS ~D SPECIFI~TIONS FOR FISC~ YEAR ~982-83 SIDEW~ A~ CU~ ~PAIR PR~ Adopt Resolution No. 83-J~ as recomended by ~e Engineering Department. 92 CITY COUNCIL MINUTES Page 3, 2-7-83 10. RESOLUTION NO. 83-10 - A Resolution of the City Council of the City of Tustin, INITIATING REORGANIZATION PROCEDURES AND SCHED- ULING A HEARING FOR THE ANNEXATION AND DETACHMENT OF CERTAIN INHABITED TERRITORY IN THE CITY OF IRVINE AND THE CITY OF TUSITN DESIGNATED AS REORGANIZATION NO. 53 Adopt Resolution No. 83-10 initiating reorganization proce- dures and scheduling a protest hearing for March 21, 1983, for the territory easterly and westerly of the new Myford Road known as Reorganization No. 53 as recommended by the Planning Consultant. 24 VI. ORDINANCES FOR INTRODUCTION - None VII. ORDINANCES FOR ADOPTION - None VIII. OLD BUSINESS - None IX. NEW BUSINESS 1. HOMEOWNER'S REQUEST FOR PARKWAY TREE REMOVAL (14262 Heatherfield Drive) As recommended in the staff report dated January 12, 1983, pre- pared by the Maintenance Superintendent, it was moved by Hoes- terey, seconded by Greinke, to deny Mr. Ettleman's request for the tree to be removed and not replaced. Following a brief Council/staff discussion period, the motion carried 4-0, Salta- relli absent. 86.1 2. COLUMBUS TUSTIN DESIGN DEVELOPMENT REPORT The City Manager introduced Ron Paige, President of Recreation Systems, Inc., who made a formal presentation on the design development report ~or Columbus Tustin Park. Council/consultant/staff discussion followed regarding a multi- purpose gymnasium/locker facility, activity scheduling, mini- mizing gymnasium construction and maintenance costs, revenue- generating events which would make the facility self-supporting, and the possibility of maintaining the revenue level generated by the Clifton C. Miller Community Center. Bob Hill, member of the Citizens Advisory Committee - Columbus Tustin Park Development, commended the consultant and Community Services Director for their leadership; stated that the com- mittee researched the project from a functional, not financial, viewpoint as far as needs of the community; and commented on the committee's three major recommendations. Mr. Hill responded to Council questions and further discussion followed. Jim Baker, Lucero Way resident, questioned if the gymnasium will be an athletic facility to generate revenue or is the idea that of a general-purpose park facility, with some recreation, primarily for Tustin residents. Following comments by the Mayor, the Community Services Director responded that the soft- ball fields were jointly built by the City, School District, and County with a proviso that non-residents receive equal consid- eration as residents. Staff does try to keep the fields open a couple of weekend days a month for drop-in games, the School District keeps other fields open, and the City also utilizes Peppertree Park, where people can have pick-up games. If the Council directs staff to keep the gymnasium facility self- sustaining, it will have minimal open time for drop-in play, with the philosophy that the user pays. In response to Council- man Hoesterey, the Community Services Director added that the City Attorney would have to clarify the legality of giving pref- erence to residents over non-residents on use of the proposed City facility. Further discussion followed. CITY COUNCIL MINUTES Page 4, 2-7-83 Rod McCloud, Lucero Way resident, expressed concern over com- petition for fields, especially lighted fields, between adult and youth leagues, which will also occur with the gymnasium facility. Mr. McCloud stated a preference to keep the north side of the park open instead of as a picnic area, and requested that residents be notified and given the opportunity to provide input when the committee begins to get into specific plans. The motion by Edgar to approve the staff recommendation was withdrawn. It was then moved by Hoesterey, seconded by Edgar, to continue the matter to February 22, 1983, to allow Councilman Saltarelli's input. Carried 4-0, Saltarelli absent. 77 3. SOUTH/CENTRAL PROJECT COMMITTEE - RESOLUTION NO. 83-8 The City Manager presented the staff report and recommendation. It was then moved by Hoesterey, seconded by Greinke, to: 1) Adopt Resolution No. 83-8: RESOLUTION NO. 83-8 - A Resolution of the City Council of the City of Tustin AMENDING RESOLUTION NO. 82-1 DESIGNATING REPRESENTATION TO THE SOUTH/CENTRAL REDEVELOPMENT PROJECT COMMITTEE 2) Adopt a Minute Order reconfirming the appointment of the following named individuals to the Project Area Committee: Chamber of CoE~erce - Jeff McElderry Tustin Unified School District - Larry Sutherland Property Owners (Adjacent to Area) - Betty Truit and John Harrison Residential Tenants - Elmo Anderson and Ann Durkee The motion carried 4-0, Saltarelli absent. 81 4. TWO-HOUR PARKING RESTRICTION - SANTA FE DRIVE As recommended in the report dated February 2, 1983, prepared by the Director of Public Works, it was moved by Kennedy, seconded by Hoesterey, to deny the request for the removal of the "2 Hour Parking Anytime" restriction along Santa Fe Drive between Red Hill Avenue and Woodland Avenue. The Director of Public Works interjected that since the writing of the staff report, staff discovered that adequate notice did not get out to the parties involved, and suggested that the mat- ter be continued to allow for adequate notice. A substitute motion was made by Kennedy, seconded by Hoesterey, to continue the item to February 22, 1983. Carried 4-0, Saltarelli absent. 74 X. REPORTS 1. PLANNING COMMISSION ACTION AGENDA The City Attorney affirmed Councilman Hoesterey's understanding that if no Council action is taken on the Planning Commission agenda, actions of the Planning Commission are automatically ratified. In response to Council concerns, the City Manager indicated that staff will include the vote on items on the Plan- ning Commission Action Agenda. The report was received and filed by unanimous informal consent. 80 2.LEFT-TURN MOVEMENTS - EASTBOUND FIRST STREET TO NORTHBOUND NEW- PORT AVENUE & IRRIGATION SCHEDULE FOR LANDSCAPED MEDIAN ISLANDS The report dated January 26, 1983, prepared by the Director of Public Works On subject items was received and filed by unani- mous informal consent. 86 CITY COUNCIL MINUTES Page 5, 2-7-83 3. BULLET TRAIN The City Manager reported that the meeting of the Asse~ly Transpertation Committee on AB 4 was cancelled at ~e request of Assemblywoman Eergeson who felt more time was needed to notify the public of the meeting. No new hearing date has yet been set · The City Manager provided information on other scheduled meet- ings which staff will be attending and monitoring. 101 4. WATER SERVICE MANAGEMENT PLAN As recommended in the inter-com dated February 2, 1983, prepared by the City Manager, it was moved by Kennedy, seconded by Hoes- terey, to continue the matter to February 22, 1983. Carried 4-0, Saltarelli absent. 107 5. MID-YEAR BUDGET REVIEW Pursuant to the recommendation contained in the inter-com dated February 2, 1983, prepared by the City Manager, it was moved Kennedy, seconded by Hoesterey, to continue the matter to Febru- ary 22, 1983. Motion carried 4-0, Saltarelli absent. 29 XI. OTHER BUSINESS 1. MYFORD ROAD IMPROVEMENTS - RESOLUTIONS NO. 83-12 & 83-13 The Director of Public Works presented the staff report and recommendation as contained in his inter-com dated February 4, 1983. PUrsuant to the staff recommendation, it was moved by Hoesterey, seconded by Kennedy, to adopt the following resolu- .--- tions: RESOLUTION NO 83-12 - A Resolution of the City Council of the City of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE IN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF MYFORD ROAD FROM THE TERMINUS OF THE MOULTON PARKWAY FAU PROJECT TO MICHELLE DRIVE RESOLUTION NO. 83-13 - A Resolution of the City Council of the City of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE IN THE ARTERIAL HIGHWAY BRIDGE PROGRAM THE DEVELOPMENT OF THE MYFORD ROAD BRIDGE OVER THE EL MODENA-IRVINE FLOOD CONTROL CHANNEL Motion carried 3-0, Saltarelli absent, Greinke abstained due to insufficient time to review material. 95 2. REQUEST FOR CLOSED SESSION The City Manager requested a closed session foe aiscussion of legal matters. 3. HAZARDOUS WASTE FEES Councilman Greinke requested that the Tustin Chamber of Commerce investigate the hazardous waste fees which the County has billed to Tustin businesses without any prior notice. 102 4. CHANGE IN COUNCIL MEETING TIME It was moved by Hoesterey, seconded by Greinke, to reschedule Council meetings for 7:00 p.m. Mayor Pro Tem Kennedy expressed concern that it may be too early for many residents. Council- members agreed to do so on a trial basis. The City Attorney advised that an urgency ordinance must first be adopted changing the meeting time. A substitute motion was made by Hoesterey, seconded by Greinke, to direct staff to prepare an urgency ordi- nance to change the Council meeting time to 7:00 p.m. for the February 22, 1983, meeting. Carried 4-0, Saltarelli absent. 38 CITY COUNCIL MINUTES Page 6, 2-7-83 5. CAPITAL IMPROVEMENT PROJECTS In response to Mayor Edgar, the Director of PUblic Works stated that the signal and three water projects will be ready for bid authorization at the February 22, 1983, meeting. The storm drain projects will be ready for bid authorization in approxi- mately one month. 6. MEETING WITH TUSTIN UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION Pursuant to Mayor Edgar ' s request, Council concurred to direct staff to initiate a meeting with the Tustin Unified School District Board of Education regarding various issues of mutual interest, including use of vacant school property, with Council to relay any other concerns for an informal agenda. 90 7. SPEEDING ON LORETTA WAY The Police Chief offered a few suggestions to Mayor Edgar in an effort to respond to his request for assistance in deterring speeding on residential streets, and a discussion period followed. 8. CITY MANAGER'S BIRTHDAY The City Council joined Mayor Pro Tem Kennedy in congratulating City Manager Bill Huston on his birthday this date. 9. SANTIAGO MUNICIPAL ADVISORY C0UNCIL Stephen Johnson, Santiago Municipal Advisory Council, spoke on issues concerning the North Tustin unincorporated area and sug- gested that it is time for the City and the Santiago Municipal Advisory Council to join in discussion of matters of interest which would be beneficial to both parties. XI I · ADJOURNMENT It was then moved by Edgar, seconded bl~ Hoesterel~, to adjourn at 9:42 p.m. to a Closed Session for discussion of legal matters, thence to a refreshment period preceding the League of Cities meet- ing on February 10, 1983, and thence to the next adjourned regular meeting on Tuesday, February 22, 1983. ~0R~~