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HomeMy WebLinkAboutCC 1 MINUTES 03-17-80CALL TO ORDER II. ROLL CALL III. PROCLA- MATIONS IV. PUBLIC HEARING Vo MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CH~i~BERS 300 Centennial Way March 3, 1980 The meeting was called to order by Mayor Schuster at 9:07 P.M. Present: Councilpersons: Schuster, Saltarelli, Sharp, Kennedy, Welsh Absent: Councilpersons: None Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Mike Brotemarkle, Community Development Director Mary E. Wynn, Chief Deputy City Clerk Charles Thayer, Police Chief Mike Taft, Personnel Director Ed Bushong, Finance Director Bob Ledendecker, City Engineer R. Kenneth Fleagle, Consultant Approximately 40 in the audience A Proclamation proclaiming March as American Red Cross Month was read by Mayor Schuster and presented to a representative of the Red Cross. (This presentation was made at the beginning of the 7:30 P.M. Planning Agency meeting.) 1. ZONE CHANGE 80-1 (14901 Newport Ave.) ORDINANCE NO. 823 An Ordinance of the City Council of the City of Tustin, California, REZONING CERTAIN PROPERTY FROM INDUSTRIAL (M-l) to RESIDENTIAL PLANNED DEVELOPSLENT (P.D.) DISTR~CT The staff report was given by Mike Brotemarkle, Community Development Director. The Public Hearing was opened at 9:09 P.M. There being no comments or objections, it was moved by Welsh, seconded by Saltarelli, to close the Public Hearing and that Ordinance No. 823 have first reading by title only. Carried 5-0. Following the reading of the title of Ordinance No. 823 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Saltarelli, seconded by Welsh, that Ordinance No. 823 be introduced. Carried 4-1, Kennedy opposed. It was moved by Saltarelli, seconded by Kennedy, to recess to the Redevelopment Agency meeting at 9:12 P.M. Carried. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY March 3, 1980 The meeting was called to order by Chairman Saltarelli at 9:12 P.M. Present: Members: Saltarelli, Sharp, Kennedy, Welsh Absent: Members: None APPROVAL OF MINUTES of February 19, 1980 meeting. It was moved by Welsh, seconded by Sharp, that the minutes of the February 19, 1980 meeting be approved. Carried 4-0. COUNCIL MINUTES Page 2, 3-3-80 It was moved by Welsh, seconded by Sharp, to adjourn at 9:13 P.M. to the next regular meeting on March 17, 1980. Carried. CHAIRMAN PUBLIC CONCERNS II. CONSENT CALENDAR RECORDING SECRETARY MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 9:13 P.M. March 3, 1980 SENIOR CITIZENS AND CONDOMINIUM CONVERSIONS Nick Ogden, representative of the Senior Citizens' TLC, expressed that he resented the senior citizens being used as a bargaining trade-off to grant a Variance during the Planning Agency meeting hearing on a condo- minium conversion. He did not want to see the senior citizens being used in this manner. MEETING FOR cOUNCIL CANDIDATES Kathy Weil, 1702 Summerville, representative from the Tustin Meadows Homeowners' Association, reported that there would be a meeting of the Tustin Meadows Association and the Orange County League of Women Voters to meet the Council candidates'at the West Club House on March 26th in the evening. She invited everyone to attend. ANNEXATIONS Richard B. Edgar, 13622 Loretta Drive, asked what was the status of some of the annexations that have been held in abeyance because of the lack of an agreement on distribution of sales tax between the County and the City. Dan Blankenship, City Administrator, responded that Assembly Bill 8 requires an agreement on distribution of tax before an annexation can be finalized. The Local Government Committee of the State Assembly is holding a hearing on a bill that would establish a formula for tax dis- tribution in the absence of an agreement. We are asking the County to consider our annexations separately. We need to continue to support the State legislation, contacting our supervisor, and possibly trying to contact the Chairman of the Board, Supervisor Clark, to see if there are any areas where we can negotiate. WALNUT AVENUE STREET WIDENING Matt Nisson, 14462 Red Hill, said that there was a proposal by the City for widening Walnut Avenue at Red Hill Avenue. He realizes there is a problem at the intersection where the traffic backs up. Of the alterna- tives that staff has presented, he would prefer Alternative No. 4. It was moved by Welsh, seconded by Kennedy, to authorize Alternate 4 which reads, "This alternate requires the removal of 12 Orange trees, the trim- ming of some Avocado trees, and the relocation of a fruit stand used for the sale of Oranges and Avocados. This alternate will provide for one travel lane for eastbound traffic, two travel lanes for westbound traffic and a pedestrian path, and utilizes all but 15 feet of the existing street right-of-way. Carried 5-0. 1. APPROVAL OF MINUTES - February 19, 1980. 2. APPROVAL OF DEMANDS in the amount of $147,675.80. RATIFICATION OF PAYROLL in the amount of $72,242.48. III. ORDINANCES FOR INTRO- DUCTION IV. ORDINANCES FOR ADOPTION COUNCIL MINUTES Page 3, 3-17-80 COLUMBUS TUSTIN PARKING LOT CONTRACT EXTENSION Approve a contract extension time of 38 calendar days to the contract for the construction of a parking lot at Columbus Tustin Parking Parksite as recommended by City Engineer. 4. REQUEST FOR AUTHORIZATION Authorize joining as an amicus curiae in a brief to be filed with the United States Supreme Court as recommended by the City Attorney. 5. IBM v COUNTY OF ORANGE, CITY OF TUSTIN, et al. Authorize the County Counsel of the County of Orange to defend the City of Tustin in the IBM v. County of Orange, City of Tustin, et al action pursuant to Revenue and Taxation Code Section 5149 as recommended by the City Attorney. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY et al v. THE STATE BOARD OF EQUALIZATION, ETC., et al. Authorize the County Counsel of Orange County to accept service of the Summons and Complaint on behalf of the City of Tustin, and to make arrangements for the defense of the City of Tustin with the County Counsel of the County of Santa Clara as recommended by the City Attorney. ADMINISTRATION OF CITY WORKER'S COMPENSATION PROGRAM Receive and file this report and concur in change of Administrators proposed as recommended by City Administrator. 8. RESOLUTION NO. 80-21 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CITY OF TUSTIN FISCAL YEAR 1979-80 STREET MAINTENANCE PROGRAM AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adoption of Resolution No. 80-21 approving plans and specifications for the Fiscal Year 1979-80 Street Maintenance Program and directing the City Clerk to advertise for bids as recommended by the City Engineer. 9. RESOLUTION NO. 80-22 A Resolution of the City of Tustin, California, APPROVING DESTRUCTION OF BUSINESS LICENSE RECORDS Adoption of Resolution No. 80-22 as requested by the Finance Director. 10. RESOLUTION NO. 80-23 A Resolution of the City Council of the City of Tustin, California, ENDORSING AND SUPPORTING CALIFORNIA CRIME WATCH AND THE ATTORNEY GENERAL'S PLAN TO RESTORE PUBLIC SAFETY IN THE 80'S Adoption of Resolution No. 80-23 as recommended by the Police Chief. Councilman Welsh asked that on Page 3 of the minutes, his statement under the Consent Calendar be changed to reflect that his statement was "monthly" not "yearly" and not that he just changed his mind. Councilwoman Kennedy asked that Item 7 be continued to the next meeting. It was moved by Saltarelli, seconded by Welsh, to approve the Consent Calendar with the above change in the minutes and the continuance of Item No. 7. Carried 5-0. None None Vo ,_OLD USINESS COUNCIL MINUTES Page 4, 3-3-80 1. TUSTIN ACRES CONDOMINIUM CONVERSION The following people spoke about problems and concerns regarding the conversion of Tustin Acres Apartments to Condominiums: Evan Ginsberger, representative for several tenants Kenneth Hawkins, Apt. 304-D PaulaLaRae Wilson, Apt. 650-C Sharon L. Crayton, Apt. 690-A Greg Crayton, Apt. 690-A Charles Trspr, Apt. 682-A Nick Ogden, representative for TLC Senior Citizens Some of the problems and concerns were early eviction notices, cement dumped on tenant's car, unfulfilled promises, termites in facia boards that were being painted, building inspectors not doing sufficient job, Mr. Saunders not receiving his relocation check, hazardous construction conditions, debris left by the sub contractors, relocation allowances, availability of seeing an apartment they might be buying, and letters received were vague. Douglas W. Anderson with GRAD Management Co., Inc., 4020 Moorpark Avenue, Suite 112, San Jose, California, reported that the Management Company had held two sessions with the tenants covering the concerns and problems of the tenants. The meetings were held on February 27th from 12:30 P.M. to 5 P.M. and 6:30 P.M. to 9:00 P.M. Some decisions were made and tenants were informed that their concerns would be answered. Twenty four tenants were in attendance at the meeting and letters were sent to them plus any tenants who complained at the February 19, 1980 Council meeting. The letter covered the following: Utility interruptions have been due to accidents caused by contractors digging and hitting an underground water line, etc. In the future, tenants will receive 24 to 48 hours notice of any utility interruption except for emergencies. If future accidents occur, the developer will notify the resident management and they will notify the residents when the utilities will be restored. The new procedure for construction cleanup is to have the construction people remove any debris each day and they have instructed the managers to also police the area. In addition to debris and construction material, any potential hazard should be noted, such as holes, loose wiring, etc. A memo was sent to Citcon to make sure all sub contractors do not engage in activities that are disturbing to tenants including loitering, remarks to tenants, using the laundry room for loitering, etc. Also contractors are to give 24 to 48 hours notice to tenants of any activi- ties such as sand blasting in their area. The rains have caused the contractors to have to work on Saturday and they have been instructed that work should not commence on Saturday prior to 10:00 A.M. At the meeting, it was brought to the company's attention that Mr. Saunders relocation money had been due him since October of 1979. After checking, they discovered an error was made and a $300 check was sent to him on February 29, 1980. Because of the points discussed at the meeting, we are reevaluating our relocation allowance program. Relocation allowance checks will be presented to vacating residents at the time of moving out. They will now give $300 for all eligible tenants vacating. Seven residents with school age children have been given permission to remain until school is out. Two young ladies who are expecting a baby around April 1st have been granted permission to stay another month. They will take individual situations under consideration. They are preparing a list of comparable apartment complexes in the local area with telephone numbers, rental policies, special features, etc. to assist residents in locating to new apartments. A moving company has been contacted and tenants wishing to move within 30 minutes of Tustin Acres (5 hour move) can do so on weekdays for $224 and on Saturdays for $274. VI. NEW BUSINESS VII. OTHER ~'USINESS COUNCIL MINUTES Page 5, 3-3-80 Councilwoman Kennedy stated that Mr. Anderson seemed to be a reasonable man and she asked that the tenants communicate with him regarding any other problems. She felt that the Council has had a complete and fair hearing for the tenants and that many problems have been resolved. 2. RESOLUTION NO. 80-20 A Resolution of the City Council of the City of Tustin, California, AUTHORIZING PLACE~E~T OF POLITICAL SIGNS IN THE PUBLIC RIGHT-OF-WAY It was moved by Kennedy, seconded by Saltarelli, to adopt Resolution No. 80-20. Carried 3-2, Schuster and Welsh opposed. 1. MULTI-MODAL TRIuNSPORTATION STUDY It was moved by Saltarelli, seconded by Kennedy, to forward the concerns contained in the February 12, 1980 memo from Bob Ledendecker, City Engineer, to the Orange County Transportation Commission staff. Carried 5-0. 2. PERSONNEL VACANCIES IN MAINTENANCE DEPARTMENT, PERSONNEL DEPARTMENT AND CITY CLERK'S OFFICE It was moved by Welsh, seconded by Kennedy, to authorize the filling of the Maintenance Worker I position, the Intermediate-Clerk Typist position in the Personnel Department, and the Clerk-Typist position in the City Clerk's office. Carried 5-0. 3. PARKING STUDY IN THE OLD TOWN TUSTIN AREA It was moved by Saltarelli, seconded by Sharp, to direct staff to proceed with the parking facility feasibility study in the Old Town Tustin Area. Carried 5-0, 4. PUBLIC AGENCIES DATA SYSTEMS (PADS) 1980-81 BUDGET AND DECENTRALIZA- TION PLAN It was moved by Saltarelli, seconded by Sharp, to approve the decentralized concept for PADS and the $249,430 PADS budget, to approve Tustin's $29,000 share of the PADS budget for 1980-81, to authorize a supplemental appro- priation for part of the City's equipment in the current fiscal year, and to indicate a willingness to accept the larger Series 3 computer at the same cost as the smaller Model 33 computer. Councilwoman Kennedy did not think the Council should take any action without studying alternatives and cost effectiveness. Motion carried 4-1, Kennedy opposed. PUBLIC HEARINGS REGARDING PURCHASE OF TUSTIN WATER WORKS SYSTEM The City Administrator reported that staff had received today the signed agreement from the Tustin Water Works and asked the Council to adjourn to an adjourned meeting on March 10, 1980 at 7:30 P.M. for a Public Hearing to see if it is in the best interest of the City and community to purchase the Water Works. A second Public Hearing would be held at the regular March 17, 1980 meeting. He asked for an appropriation of up to $2000 to mail a brochure and notice to each customer of the Water Works. It was moved by Welsh, seconded by Saltarelli, that at the appropriate time, this meeting be adjourned to a 7:30 P.M. regular adjourned meeting on March 10, 1980 for a Public Hearing on Purchase of Tustin Water Works System and that Council allot up to $2,000 appropriation so that each customer of the Water Works can be notified of the meeting and that an enlarged Notice of Hearing be published in the Tustin News. Carried 5-0. COUNCIL MINUTES Page 6, 3-3-80 VIII. ADJOURNMENT PLACEMENT OF PICTURE OF MISS TUSTIN IN CITY HALL Dan Blankenship, City Administrator, advised that he has received a request from a representative of the Tustin JCs for permission to place a 20" x 24" picture of the newly elected Miss Tustin in the City Hall. Mayor Schuster commented that the pageant was one of the best beauty pageants he had seen in Tustin add he would like to set, them a letter of commendation. Council concurred to send the letter. Councilwoman Kennedy questioned if this would not be opening up the way for other people to want to put pictures in City Hall. She requested more time to think about it. Council concurred to delay action. ODOR cOMPLAINT Councilwoman Kennedy reported that on March 2nd, a chemist reported a sulfur smell in south Tustin. PRICE LISTING AT SERVICE STATIONS Councilwoman Kennedy reported that she had a call from a woman inquiring if there is State regulation about gas stations listing their prices. Mike Brotemarkle, Community Development Director, said that he was not aware of any State or local law. Dan Blankenship, City Administrator, thought that Los Angeles County was considering an Ordinance to require pricing of a certain size on a visible sign. Mayor Schuster requested staff to bring more information on this matter back to the Council. It was moved by Welsh, seconded by Saltarelli, to adjourn at 11:32 P.M. to a regular adjourned meeting on March 10, 1980 at 7:30 P.M. and thence to the next regular meeting on March 17, 1980. Carried. MAYOR CITY CLERK