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
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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
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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
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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
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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~~