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HomeMy WebLinkAboutCC MINUTES 1982 03 15 MINUTES OF A REGULAR MEETING OF THE TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way March 15, 1982 TO ORDER The meeting was called to order by Mayor Sharp at 3:15 p.m. ROLL CALL Councilpersons Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp Councilpersons Absent: None Others Present: James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Mike Brotemarkle, Comm. Dev. Director Ken Fleagle, Planning Consultant Bob Ledendecker, Director of Public Works Roy Gonzales, Personnel Director Ronald Nault, Finance Director Royleen White, Community Services Director Fred Wakefield, Captain, Police Department Eva Solis, Deputy City Clerk Approximately 30 in the audience llIo PRO- CLAMATION l· PROCLAMAITON - "RED CROSS MONTH" The Mayor read and presented to Scott Tokarzewski, Red Cross Youth Volunteer, a proclamation designating March, 1982, as "Red Cross Month." 84 IV. PUBLIC CONCERNS 1 · THE CALIFORNIA TENANTS' ASSOCIATION - CONDOMINIUM CONVERSION Rick Morton, President of Californian Tenantst Association, pro- vided an update on the condominium conversion proposal by Cal- State Associates for the Californian Apartments and relayed problems residents are facing as outlined in his letter dated March 2, 1982. Mr. Morton added that aside from cosmetic repairs, no structural repairs are being made. Also, construo- tion on a temporary structure was commenced the week before, with 29 parking spaces removed for a storage area, without City permits. A stop work order was issued by the City, but Mr. :Horton'reported that work has been continuing on the project out of the public's view. The Community Development Director responded that no tentative map or final map has been filed, therefore, the City is pres- ently dealing with a Use Permit only and utilizing tentative map approval as a mechanism by which to achieve compliance. He con- tinued that if a tenant has a specific problem, it should be reported to the Community Development Department, and an Inspeo- tor will be sent out to that unit. That particular unit may then be "piecemeal-improved." Staff has been pressing for sub- mittal of a comprehensive plan for the overall treatment. There is a Relocation Coordinator on-site now. Staff has informed Cal State Associates that any building permit issued, on either all or a portion of the project, constitutes implementation of the conversion. Even though the 120 days on the assistance program does not commence until May 18, when it will be automatic for all tenants, those tenants that would be specifically affected by any building permit would be automatically, immediately eligible for the relocation assistance program because the building permit would supersede the 120-day waiting notice. As part of the Use Permit approval, the relocation plan will auto- matically go into effect on May 18 for all tenants. CITY COUNCIL MINUTES Page 2, 3-15-82 Cal State Associates has been informed by staff that enclosing the garages would be considered a building permit for those tenants whose garages or parking spaces were eliminated and the relocation assistance plan would be implemented for those units immediately, and a stop work order was issued on those building enclosures. A stop work order was not issued for removal of some of the storage units within the parking garages, since it would have been granted regardless of whether a conversion was being considered or not. Normally the map and use permit are coterminous. In this parti- cular case, without a subdivision map the requirement for 120- days' notice of intent to convert is not enforceable until actual commencement of sales is within 120 days. Mr. Horton requested that Council consider implementing a time- table for completion of the conversion. Councilwoman Kennedy suggested that anything that threatens health, safety, or life be checked into and compliance encouraged. The City Attorney stated that under the approval given, the developer is required to file a proposed tenant relocation pur- chase plan with the City. Even though a doch~ment entitled "Highlights - Tenant Assistance Program" was filed last week, the developer should file a document with details of the tenant assistance and relocation for consideration by staff and approval by the Council or Planning Agency. Secondly, any waiver of conversion rights being signed by tenants does not have any application. City approval and Ordinance 822 require that anybody who was a tenant at the time of Use Permit approval in January, 1982, is entitled to receive relocation benefits. After further discussion, the City Attorney indicated staff could make available to all tenants copies of the document enti- tled "Highlights" which has been filed with the City. If any tenant has input approving/disapproving same, it should be filed with the Community Development Department. Ultimately, the project must have City approval. First, the developer should provide and identify whatever the complete plan is, provide copies to the tenants, and staff can proceed from there to make a recommendation to the Agency. If and when a final document is filed, the developer can provide tenants with a copy of same. 43 V. CONSENT CALENDAR Item 11 was removed from the Consent Calendar by Saltarelli. It was moved by Edgar, seconded by Hoesterey, to approve the remainder of the Consent Calendar. Motion carried 5-0. 1. APPROVAL OF MINUTES - March 1, 1982. 2. APPROVAL OF DEMANDS in the amount of $614,612.73. RATIFICATION OF PAYROLL in the amount of $96,092.69. 50 3. RESOLUTION NO. 82-19 - A Resolution of the City Council of the City of Tustin, California, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 13, 1982, TO BE :MADE BY THE CITY CLERK Adoption of Resolution No. 82-19 as recommended by the City Clerk. 48 4. RESOLUTION NO. 82-20 - A Resolution of the City Council of the City of Tustin, California, SUPPORTING THE EFFORTS OF ANAHEIM, BUENA PARK, ORANGE, AND OTHER ORANGE COUNTY CITIES AND ORGANIZA- TIONS TO BRING THE SUPER BOWL XX TO ANAHEIM STADIUM Adoption of Resolution No. 82-20 as requested by the City Council. 38 CITY COUNCIL MINUTES Page 3, 3-15-82 5o RESOLUTION NO. 82-21 - A Resolution of the City Council of the City of Tustin, California, SUPPORTING RATIFICATION OF THE PERI- PHERAL CANAL REFERENDUM Adoption of Resolution No. 82-21 as requested by the City Council. 107 6. RESOLUTION NO. 82-22- A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (EL CAMINO UTILITY UNDER- ~ GROUND DISTRICT NO. 5 CONVERSIONS) Adoption of Resolution No. 82-22 as recommended by the Engi- neering Department. 104 The Director of Public Works responded to Councilman Edgar that this contract provides the conduit for the telephone conversion, and actually has nothing to do with the conductor cable for telephone service; the telephone company will be converting that on their own. Also, staff is waiting for the telephone company to complete the conversion (approximately three weeks) until final accounting notices are sent out. 7. RESOLUTION NO. 82-23- A Resolution of the City Council of the City of Tustin, California, AUTHORIZING THE DEPARTMENT OF GEN- ERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS (POLICE PATROL VEHICLES) (BUDGETED) Approve purchase of six police patrol vehicles at a total purchase price of $54,343.38 and adoption of Resolution No. 82-23 as recommended by the Chief of Police. 87 8. DENIAL OF CLAIM OF SCOTT KEELER - Date Of Loss: 12-6-81, Filed With City: 2-11-82, Claim No. 82-4 Deny claim of Scott Keeler as recommended by the City Attor- ney · 40 9. DENIAL OF CLAIM OF PEARL MURRAY - Date of Loss: 12-6-81, Filed With City: 2-11-82, Claim No. 82-5 Deny claim of Pearl Murray as recommended by the City Attor- ney. 40 10. DENIAL OF CLAIM OF PETER OLIVARES- Date of Loss: 12-6-81, Filed With City: 2-11-82, Claim No. 82-6 Deny claim of Peter Olivares as recommended by the City Attorney. 40 Consent Calendar ItemNo. 11 - Since the City is not a member of the Southern California Association of Governments (SCAG), Councilman Saltarelli questioned the necessity of the resolution, which would commit the City to a regional sedimentation program (established by SCAG) and require a great deal of staff time. The City Manager and Director of Public Works provided clarifica- tion, stating that the City is under a State/Federal mandate to comply with the program; a need to increase staff is not envisioned; the program is for the betterment of the regional area; this is being proposed in the form of a resolution in lieu of an ordinance which SCAG has been promoting; and it is more of a voluntary compli- ance and cooperation rather than a stiff, regulatory measure, which may be the ultimate. In response to the Mayor, Councilman Saltarelli stated he would be in favor of the resolution so long as the last paragraph in the resolution is loose enough that the City cannot be forced to create an ordinance unless both the City and the Santa Ana Regional Water Quality Control Board (RWQCB) agree that the voluntary program is ineffective. The City Manager stated that is the intent. In any ~ase, the item would come beck to Council and allow the opportunity to take whatever direction would be appropriate. The resolution merely indicates a statement of intent. CITY COUNCIL MINUTES Page 4, 3-15-82 It was then moved by Kennedy, seconded by Edgar, to adopt the following resolution as recommended by the Engineering Depart- ment: 11. RESOLUTION NO. 82-24- A Resolution of the City Council of the City of Tustin APPROVING THE IMPLEMENTATION AND ENFORCEMENT OF THOSE ELEMENTS OF THE SOUTH COAST AREAWIDE WASTE TREATMENT MANAGEMENT PLAN APPLICABLE TO THE CITY Motion carried 5-0. 107 VI, ORDINANCES FOR INTRODUCTION - None VII ·ORDINANCES FOR ADOPTION ~. ORDINANCE NO. 869 - An Ordinance of the City Council of the City of Tustin REZONING 13681 REDHILL AVENUE FROM R-3 (2700) TO R-3 (1960) It was moved by Edgar~ seconded by Hoesterey, that Ordinance No. 869 have second reading by title only. Motion carried 5-0. Following reading of the title by the City Clerk, it was moved by Edgar~ seconded by Hoesterey, that Ordinance No. 869 be passed and adopted. Roll call vote: AYES: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp NOES: None ABSENT: None 110 VIII. OTHER BUSINESS 1. TILLER DAYS COMMITTEE REQUEST Cherill Webb, Tiller Days Chairperson, reported that the com- mittee has looked into a couple of sources for the third power pole. One is the Marine Corps and the other is a private source. Nothing has materialized from either as yet. If neither of the two sources comes through, the Committee needs a commitment from the City because they feel they cannot do the Tiller Days without the third pole and electricity. In response to Councilman Hoesterey, Ms. Webb responded that last year, fuses were blown and circuit breakers went off with the existing equipment, and many beoth renters did not have the electricity they needed. In response to the Mayor, the Community Services Director reported that Southern California Edison Company does not get involved in the hardware end. Gene Carter, Southern California Edison, clarified that the pole is not the issue; it's the com- mercial box, wiring, etc., that is expensive, which Edison Com- pany does not handle. Ms. Webb responded to Councilman Hoesterey that 10 of the 25 booths would have to be eliminated, along with the pancake breakfast, if activities are to be accommodated by existing equipment. She added that generators are extremely costly and noisy. In response to Councilwoman Kennedy, the Community Services Director stated that City use of the third pole cannot be justi- fied, even for Fourth of July activities; and Tiller Days is not envisioned as becoming self-supporting for approximately five years. Following further Council discussion, Council concurred that Councilmembers Edgar and Kennedy meet with Ms. Webb to attempt to reach a solution. 34 CITY COUNCIL MINUTES Page 5, 3-15-82 VIII. NEW BUSINESS 1. BID AWARD - RED HILL AVENUE AHFP PROJECT NO. 1064 Bids for subject project were received as follows: R. J. Noble Co., Orange $130,964.95 All American Asphalt, Orange $134.933.33 Blair Paving, Inc., Yorba Linda $136.488.68 Five States Plumbing, Orange $138 063.50 Lee Construction Corp., Mission Viejo $140.774.79 Porter Construction Co., Santa Ana $142 681.14 Griffith Co., Irvine $146 919.95 Sully-Miller Contracting Co., Orange $153 891.30 Red Hill Construction Co., Inc., Santa Aria $156 340.10 Hardy & Harper, Inc., Tustin $162 405.48 Harmon B. J. Gladd Const. Co., Los Angeles $183 709.10 The low bid is 24.8% below the engineer's estimate of $174,170.30, with $107,800 in gas tax funds budgeted for the City's share of the project. Based on the low bid, the cost split for the project is as follows: City Share $ 54,395.93 County Share 76~569.02 Total $130,964.95 As reco~nended in the report dated March 9, 1982, prepared by the Engineering Division, it was moved by Edgar, seconded by Kennedy, to award the contract for subject project to the low bidder, R. J.~ Noble Company, Orange, in the total amount of $130,964.95. Motion carried 5-0. 95 2. PARKING PROHIBITIOM AT EL CAMINO REAL & SIXTH STREET / The Director of Public Works presehted the staff report and reconnnendation. Pursuant to his report dated March 10, 1982, it was moved by Edgar, seconded by Saltarelli, to authorize the red zoning of curbs at the intersection of E1 Camino Real at Sixth Street, resulting in a loss of 13 on-street parking spaces, prior to the installation of the forthcoming traffic signal. Carried 5-0. 75 3, UNIT FEE FOR MULTIPLE UNITS SERVICED BY ONE WATER METER The City Manager presented the staff report and recommendation and stated that the effective date for the adjusted hi-monthly water usage rates and charges would be April 19, 1982. It was then moved by Saltarelli~ seconded by Hoesterey, to adopt the following resolution: RESOLUTIOM NO. 83-25 - A Resolution of the City Council of the City of Tustin, California, ADJUSTING TjSTIN WATER SERVICE RATES Motion carried 5-0. 107 4. DRAFT ORDINANCE FOR GAME ARCADES The Community Development Director presented the staff report and recommendation. He stated staff recommends approval of the~ provisions outlined in Alternative II as contained in the report dated March 15, 1982, prepared by the Community Development Department. A question-and-answer period followed. After further Council discussion, it was moved by Kennedyt seconded by Edgar, to refer the matter back to the Police Department for input. The Community Development Director reported that the Use Permit moratorium for arcades expires in May. The motion carried 5-0. 81 CITY COUNCIL MINUTES Page 6, 3-15-82 IX. OTHER BUSINESS CITY MANAGER The City Manager stated he has distributed to Council a report on fund balances for the Redevelopmerit Agency and will answer any Agency questions at the next regular meeting, 2. SIDEWALK CONDITION AT RED HILL & WALNUT Councilman Saltarelli stated he has received citizen complaints regarding the dilapidated condition of the asphalt sidewalk at Red Hill and Walnut. He requested that staff look into the matter. 92 3. SENIOR CITIZENS ADVISORY COUNCIL Councilman Hoesterey reported that the California League of Cities, Orange County Division, unanimously appointed RUby May as a voting delegate to the Orange County Senior Citizens Advi- sory Council as recomulended by the City Council. 28 4. MONITORING OF STATE FUNDING Councilman Hoesterey provided a report of some current State funding cutbacks. He suggested that staff monitor the State's actions as the City goes into the budgetary process, that unfunded State mandates be identified, and that list be provided to the League of Cities so it. can be combined with those of other cities and lobbying commenced to get them removed. The City Manager indicated staff would provide such a list at the next regular meeting. 29 5. DIAL-A-RIDE Councilwoman Kennedy inquired if there was a problem with the Dial-A-Ride program, as she has received citizen concerns that the system has been changed, they are no longer using two-way radios, etc. The Director of Public Works stated he would look into the matter and report back. 1Ol 6. SEGERSTROM DEVELOPMENT The Mayor inquired about the time schedule for the Segerstrom Development on Newport. Staff responded that it would be opti- .mistiC if it reaches completion in 1983-84. X. ADJOURNMENT It was moved by Edgar, seconded by Sharp, to adjourn at 4:37 p.m. in memory of Walter Rawlings to the next regular meeting on April 5, 1982. Carried 5-0. 84