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 CITY COUNCIL MINUTES 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 Page 4, 2-7-83 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 CITY COUNCIL MINUTES Page 5, 2-7-83 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