HomeMy WebLinkAboutCC 1 MINUTES 02-22-83COUNCIL CHAMBERS
300 Centennial Way
February 7, 1983
I. CA~L
TO O~DER The meeting was called to order by Mayor Edgar at 7:36 p.m.
Councilpersons Present:
Councilpersons .Absent:
Others Present:
Richard B. Edgar, Mayor
Ursula E. Kennedy, Mayor Pro Tem
Frank H. Greinke
Ronald B. Hoesterey
Donald J. saltarelli
William A. Huston, City Manager
James G. Rourke, City Attorney
Mary E. Wynn, City Clerk
Michael Brotemarkle, Co.un. 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. PU~.TC
1.
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 m~st pay tb_eir own electricity, in addition to rent,
even' though the rental agreeme~ 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 ~. 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
s~e o
An unidentified member of the audience concurred with Ms.
Matako's comments.
Steven Price, 14918 Newport Avenue ~E, tenant and employee of
Cai State Associates, rebutted that he is not aware of any
tenant complaints lodged within the past 11 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 Cou/%cil 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 ยท 43
~U~'-T~ ~ -- None
V. Ct3~s~f
C.XT.I~'~DAR
It was moved by Hoesterey, seconded by Greinke, to approve the
entire Consent Calendar. Motion carried 4-0, Saltarelli absent.
1. APP~OFA~ ~ ~ - January 17, 1983
2. P~%-~UFICA~ ~ PA~-T- in the amount of $206,181.23
APP~O~BL ~ ~AND$ in the amount of $773,049.85
5O
ACC~TA~C~ ~ P~nT-TC IMP~Ov~A~TS AND ~,-~ ~ B0~D$ (Tract
No. 11291, 1431 Warner Avenue)
Accept the public improv, ements within Tract. No. 11291 and
authorize the release of. all pertinent bonds as reco~ended
by the City Engineer. 99
~ESOI~F~IO~ NO. 83-9 - A Resolution of the City Council of the
City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS
FOR THE CITY OF TUSTIN FISCAL YEAR 1982-83 STREET MAINTENANCE
PROGRAM AND DIRECTING THE CITY C~ERK TO ADVERTISE FOR BIDS
Adopt Resolution No. 83-9 as recommended by the Engineering
Department. 95
5. '~ST FOR T~ E~T~SIO~ - I~vI~E ~.~D. FAU P~%O4-~CT M-M023(2)
Grant to Grissom & Johnson Inc. a 15-calendar-day time
extension to complete subject project as recommended, by the
Engineering Department. 95
6e
PY~Hk%~SI~ATJ ~ FOR 1983 F(~TH ~ du~Y ~.~ATI(H~
Authorize staff to execute a contract with Pyro Spec-
taculars, Inc., for the 1983 pyromusical show as recommended
by the Director of Community Services. 45
~ESOL~TIO~ NO. 83-3 - A Resolution of the City Council of the
City of Tustin, APPROVING FINAL TRACT MAP NO. 11746 (14351 Red-
hill Avenue)
Uphold the findings of the Planning Commission by adoption
of Resolution No. 83-3 as reconm%ended by the Community
Development Department. 99
Se
p~K,] CO~ FOR ~S~/~ ~amTr. TTATIO~, HO~SING AND COM--
~UNIT~ ~E~OP~TT ACT ~ 1974 (HCD)
Approve the contract and authorize the Mayor and City Clerk
to execute it as recommended by the Community Development
Department. 45
9e
RESO~UTIO~ NO. 83--11 - A Resolution of the City Council of the
City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS
FOR FISCAL YEAR 1982-83 SIDEWALK AND CURB REPAIR PROGRAM
Adopt Resolution No. 83-11 as reconvnended by the Engineering
Department. 92
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Page 3, 2-7-83
10.
~SO~/F~IO~ 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 %vJSITN
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
VII.
VIII.
ORDINANCES POR I~rk~CTIOlq - None
O~DINANCES FOR ADOP~O~ - None
O~D ~INE~S- None
~O~EOW~K'S REQUEST FOR PA/~KNAY 'r~ ~IOVA~ (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. ~ TDSTIN D~SIGN u~vn~OP~NT ~I~
The City Manager introduced Ron Paige, President of Recreation
Systems, Inc., who made a formal presentation on the design
development repor~ ~or Co~-mhus Tustin Park.
Council/consultant/staff aiscussion followed regarding a multi-
purpose gymnasium/locker facility, activity scheduling, mini-
mizing gymnasi,nn 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 Co~unittee - Columbus
Tustin Park Development, commended the consultant and Con~nunity
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 recon~nendations. 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 con~nents 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
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Xe
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 gym/lasium
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. S(NI'I'H/~ ~ ~'rraa - R~501,171'1~ li0. 83-8
The City Manager presented the staff report and recon=aendation.
It was then moved by Hoesterey, seconded by Greinke, to:
Adopt Resolution No. 83-8:
RE~OI/ITIO~ NO. 83--8 - A Resolution of the City Council of
the City of Tustin AMENDING RESOLUTION NO. 82-1 DESIGNATING
REPRESENTATION TO TTLE SOUTH/CENTRAL REDEVELOPMENT PROJECT
COMMITTEE
2) Adopt a Minute Order reconfirming the appointment of the
following named individuals to the Project Area Con~ittee:
Chamber of Commerce - 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
motion carried 4-~, Saltarelli absent. 81
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 paz~cies 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
P~m~NING ~O~MISSION ACTI~
The City Attorney affirmed Councilm~n Hoesterey's understanding
that if no Council action is taken on the Planning Co~ission
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. 81
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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The City Manager reported that the meeting of the Assembly
Transportation Committee on AB 4 was cancelled at the request of
Assemblywo~an Bergeson who felt more time was needed to notify
the public of the meeting. No new hearing d~te has yet been
set.
The City Manager provided infor~Uation on other scheduled meet-
ings which staff will be attending and monitoring. 101
As recommended in the inter-cc~ 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. ~T~-YEA~ m. IU,,~S'.L' x~svXEW
Pursuant to the recommendation contained in the inter-ccm dated
February 2, 1983, prepared by the City Manager, it was moved by
Kennedy, seconded by Hoesterey, to continue the matter to Febru-
ary 22, 1983. Motion carried 4-0, Saltarelli absent. 29
l,]xi, uSD RQAD :I]..E'~4JV~.L.U~I.,...q - ~SOZ~XOliS ~0. 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:
~E~OZZF~I(X~ ~10 83--12- ~ Resolution of the City. codncil of the
City of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE IN THE
ARTEP~IAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF MYFORD
ROAD FRO~ THE TERMINUS OF THE MOULTON PARKWAY FAU PROJECT TO
MICHELLE DRIVE
RESOZ~TION 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
The City Manager requested a closed session for discussion of
legal matters.
3. ~AZA~DO~8 ~ ~saS
Councilman Greinke requested that the Tustin Chamber of Commerce
investigate the hazardous waste fees which t.he County has billed
to Tustin businesses without any prior notice. 102
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.
CITY COUNCIL MINUTES
Page 6, 2-7-83
5. ~Zm~.~ Z~BOV~,~ZIT 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 ~rojects will be ready for bid authorization in approxi-
mately one month.
6. ~Kwr~G W~'-~ T~STIN ~I~.K. SCHOOL DIS~CT BOARD ~ E~-x~
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
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. CZT~ MANAGER'S BIrtHDAY
The City Council joined Mayor Pro Tem Kennedy in congratulating
City Manager Bill Huston on his birthday this date.
9. S~.r~AGO ~0NICIPA~ ADVISORX CO~NC~5
Stephen Johnson, Santiago Municipal Advisory Council, spoke on
issues concerning the North Tustin u~incorporated area and sug-
gested that it is time for the City and the Santiago Municipal
Advisory Council to join .in discussion of ~atters of interest
which would be beneficial to both parties.
It was then moved ~y Edgar, seconded by Hoesterey, 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 reqular
meeting on Tuesday, February 22, 1983.
MAYOR
CITY CLERK