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HomeMy WebLinkAboutCC MINUTES 1981 04 20 MINUTES OF A REGULAR MEETING OF THE TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way April 20, 1981 CALL TO ORDER The meeting was called to order by Mayor Shar~ at 4=13 ~.m. ROLL CALL Co~cil~rsons Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp Co~cilpersons Absent: None Others Present: James G. Rourke, City Attorney Dan Blankenship, City A~inistrator Mary E. Wynn, City Clerk R. Kenneth Fleagle, Acting Com. Dev. Dir. Bob Ledendecker, City Engineer Roy Gonzales, Personnel Director Royleen ~ite, Co~unity Services Director Ronald Nault, Finance Director Alan Warren, Senior Planner Eva Solis, Deputy City Clerk Nancy Miller, Administrative Aide Approximately 10 in the audience III. RECESS It was mved by Edgar, seconded by Kennedy, to recess to the Rede- velopment Agency meeting a 4:14 p.m. Carried 5:0. MNUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY April 20, 1981 ~ 1. The meeting was called to order by Chairman Sharp at 4:14 p.m. 2. Me~3ers Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp Members Absent: None 3. APPROVAL OF MINUTES - April 6, 1981 It was moved by Kennedy, seconded by Edgar, to approve the min- utes of the April 6, 1981, meeting. Motion carried 5:0. 4, AWARD OF BID - SECOND/"C" STREETS SANITARY SEWER IMPROVEMENTS Bids for subject project were received as follows: Holstrum Const. Corp., Huntington Beach $22 226.78 Noveco, Inc., Corona $27 286.28 Lawson Const. Co., Wilmington $27 306.90 Changing Times Enterprises, Buena Park $27 816.20 J & B Contractors, Crestline $27 827.10 Gosh Const. Corp., Los Angeles $27 979.00 John T. Malloy, Los Angeles $28 163.05 M. Grbavac Const., La Verne $28394.50 City Const., Covina $29 851.65 B. K. Baker Co., Santa Ana $31 685.13 Richard A. 0shorn Const., Garden Grove $31 952.40 ; Delta Pipeline, Stanton $31 988.90 ~ R & L Sewers, Paramount $32 235.00 Kelley-Moran, Canoga Park $36 198.25 Risto Const. Co., Inc., E1 Toro $36 756.10 Burch Eng. Const., Baldwin Park $38 136.00 Pakacin & Runje, Pasadena $39 994.00 Gillespie Const., Buena Park $39 466.00 Dale Casada Const. Co., Anaheim $43 752.50 The low bid is 32% below the Engineer's estimate of $32,599.00; with $30,000.00 in RDA funds presently budgeted for this project. CITY COUNCIL MINUTES Page 2, 4-20-81 As recommended in the memo dated April 13, 1981, prepared by the Assistant City Engineer, it was moved by Kennedy, seconded by Ed__~g_e~, to award subject project to Holstrum Construction Corpo- ration, HUntington Beach, in the total amount of $22,226.78. Motion carried 5:0. 81 91 5. OLD TOWN PARKING STUDY Dr. Fleagle, ACting Community Development Director, provided additional inform~tion on the Old Town Parking Study dated February 16, 1981, and the merea dated April 20, 1981, specifi- cally related to 445 "C" Street identified as a future municipal parking facility, which was followed by Council discussion. It was then moved b7 Hoestere%;, seconded by Edgar, to: a) Proceed on a priority basis with proposal for participation and development of the Gfeller parking site at 445 "C" Street; and b) Contact the School District administration to determine interest and feasibility of leased parking facilities. Dr. Fleagle emphasized the above motion would direct staff to evaluate the Gfeller proposal of participation in a parking structure on "C" street, to further investigate the feasibility of developing school properties for public parking, and come back to CoUncil with a recommendation on a priority basis indi- cating which is the best way for the City to proceed. The motion carried 5: 0 · 81 CoUncilman Edgar stated he reached the conclusion, based on material presented and discussions of the Redevelopmerit Agency, that parking considerations at the intersection of Prospect and 2nd Street do not justify acquisition of property for that pur- pose; however, the opportunity to acquire that property for renovation by a private developer makes it appropriate to make such a commitment. He proposed acquisition with friendly con- demnation by the City for the purpose of reselling to a devel- older for construction. Dr. Fleagle responded it is staff's intent to first obtain a developer and then transfer escrow where there would be no commitment of City funds, but the City would have a deposit guaranteed purchase. By using condemnation prior to acquisi- tion, then transferring to a developer at no expense would allow the City to proceed without exhausting its Redevelopmerit resources. To acquire the property, demolish, have it vacant, and wait for someone to come along with a development proposal could tie up Redevelopment funds for a series of years with the added burden of assuming relocation assistance projects. Dr. Fleagle suggested waiting until submittal of a proposal by a private developer. It was then moved by Edgar, seconded b~ Kennedy, that acquisition of that property be considered by friendly eminent domain at such time as a feasible proposal is submitted. Councilman Saltarelli felt a purchase offer should be made to the willing seller Under conditions favorable to the City based on the appraisal, and offer the parcel for resale to highest bidder (a private developer) - which would place the property back on the market, bring in additional tax increment, and allow improvements at that location. He suggested the owner may be willing to provide a one-year escrow, after which time the City could enter a purchase agreement with the Redevelopment Agency, and subsequently have the ability to place the property back on the market for resale and development; and it could possibly be worked out by attorneys and seller so that the tax benefit from same would go to the seller, even if there is not a friendly con demnat ion · ~ CITY COUNCIL MINUTES ~ Page 3, 4-20-81 A substitute motion was made by Saltarelli, seconded by Edgar, to direct staff to enter negotiations with owners for purchase of property at appraised value, to explore as lengthy an escrow as is feasible, come back to Council with a proposal, and simul- taneously find a developer who will proceed in a manner of most benefit to the City. Dr. Fleagle interjected that even with a willing seller, pro- ceeding with the above direction could obligate the City to relocation assistance, which is probably not included in the appraised value. The City Administrator indicated there may be some options the City Attorney's office could explore which would allow the City to avoid relocation costs. The substitute motion carried 5:0. 81 85 6. INCREMENT TAX FINANCING FOR HOUSING Councilman Edgar stated it is apparent from the Redevelopment Agency financial report that increment tax financing will be subject to limitations next year due to increase in revenue, and it is appropriate to consider modifying the Agency agreement to allow expansion of revenue based upon expansion of tax base. He continued, stating the City has fully recognized that by making this type of commitment, we will be exposed to committing a por- tion of Redevelopment funding to housing, with ramifications of that need still to be explored. It was then moved by Edgar, seconded by Kennedy, that a study be conducted by staff, identi- fying what the constraints are, what the steps are to make the change, and what the obligations will be with a reconstitution of the Redevelopment Agency. The City Administrator stated this might occur in Fiscal Year 1982-83, and it was staff's intent to prepare such a study in advance so that it could be considered at an opportune time. Mayor Sharp concurred with the need for such a study and requested a time certain on completion of same. Dr. Fleagle indicated the study had commenced, and approximated that 60 days would allow sufficient time for completion of the study. The City Administrator noted that any changes would not become effective until the following year. Councilman Edgar added that timing in terms of completing the report and taking action could affect the amount of funding available to the Agency. The motion carried 5:0. 81 7. REFUND OF PARKING DISTRICT FEES Barbara Clem, 220/250 E1 Camino Real, stated a reponse had not been received on a request for refund of parking district fees at subject location. Dr. Fleagle reported the matter had gone before Council and read from the January 5, 1981, minutes indi- cating denial of said request. Council concurred with the Mayor that staff provide a written response to Mrs. Clem on the matter. 81 8. It was moved by Hoesterey, seconded by Kennedy, to adjourn at 4:50 p.m. to the City Council meeting. Carried 5:0. ~ ~C4~ c0eG SEC MINUTES OF TUSTIN CITY COUNCIL RECONVENED AT 4:50 P.M. April 20, 1981 V. PUBLIC CONCERNS None CITY COUNCIL MINUTES Page 4, 4-20-81 VI. CONSENT CALENDAR 1. APPROVAL OF MINUTES - April 6, 1981. 2. APPROVAL OF DEMANDS in the amount of $1,032,166.02 RATIFICATION OF PAYROLL in the amount of $92,707.02. 3. EASEMENT ACQUISITION FOR MAIN ST. AT WILLIAMS ST. STORM DRAB Authorize the Mayor and City Clerk to execute the acquisi- tion agreements and the City Clerk to accept and record the deed. 91 4. CHANGE OF NAME, HOLTHE DISPOSAL Authorize the Mayor and the City Clerk to execute the sub- ject "Consent to Name Change and Amendment of ContraCt." 45 102 5. APPOINTMENT OF ACTING COMMUNITY DEVELOPMENT DIRECTOR Confirm the City Administrator ' s appointment of Dr. R. Kenneth Fleagle as Acting Conununity Development Director effective April 9, 1981 during Director Mike Brotemarkle's absence at an hourly rate of $22.40 plus a $200 per month retainer, and authorize the Mayor and City Clerk to sign such an amendment to Dr. Fleagle's existing contract as pre- pared by the City Attorney. 45 81 6. SB 490 - INCREASED TAX ON CIGARETTES Authorize staff to draft a letter to our legislators and the Committee members for Mayor Sharp's signature as recommended by the Administration Department. 61 97 7. GRANTING OF EASEMENT REQUIRED FOR EL CAMINO REAL UNDERGROUND UTILITY DISTRICT Authorize the Ma~or and City Clerk to execute the subject grant of easement deed as recommended by the Engineering Department. 104 8. RESOLUTION NO. 81-47 - A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION Adoption of Resolution NO. 81-47 and assuming that no claims or stop payment notices are filed within 30 days of the date of recordation of the Notice of Completion, authorize pay- ment of the final 10% retention amount ($4,244.40). 94 9. RESOLUTION NO. 81--42 . A Resolution of the City Council of the City of Tustin SUPPORTING THE ELIMINATION OF THE FEDERAL ESTATE TAX Adoption of Resolution No. 81-42 as recommended by the Council. 61 97 10. RESOLUTION NO. 81--43 - A Resolution of the City Council of the City of Tustin IN SUPPORT LEGISLATION REMOVING THE RESTRICTIONS AND PROHIBITIONS ON THE USE OF NATURAL GAS IN UTILITY POWER PLANTS Adoption of Resolution No. 81-43. 61 11. RESOLUTION NO. 81-44 - A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION Adoption of Resolution No. 81-44 and assuming that no claims or stop payment notices are filed within 30 days of the date of recordation of the Notice of Completion, authorize pay- ment of the final 10% retention amount ($5,774.36) as recom- mended by the City Engineer. 95 12. RESOLUTION NO. 81--49 - A Resolution of the City Council of the City Of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR IRRIGATION, LANDSCAPE AND RELATED IMPROVEMENTS AT COLUMBUS TUSTIN PARKSITE PARKING LOT Adoption of Resolution No. 81-49 as recommended by the City Engineer. 77 CITY COUNCIL MINUTES Page 5, 4-20-81 13. RELINQUISHMENT OF ACCESS RIGHTS TO NEWPORT AVENUE Relinquish access rights to Newport Avenue adjacent to Tract No. 10563 subject to the following conditions: 1) Prohibi- tion of parking along the easterly side of Newport Avenue from Irvine Blvd. to the existing main drive entrance to the center, and 2) Re-striping of three plus parking spaces southerly of the proposed drive to provide for four compact spaces, as recommended by the City Engineer. 74 It was moved by Kennedy, seconded by Edgar, to approve the entire Consent Calendar. Motion carried 5:0. ORDINANCES FOR INTRO- DUCTION None VIII. ORDI- NANCES FOR ADOPTION None IX. OLD BUSINESS 1. WATER FRANCHISE FEES Pursuant to his memo dated April 1, 1981, the City Administrator reported that it was the City Attorney's Opinion to discontinue the franchise fee and bill the water service for any costs reasonably incurred for reimbursement of such expenses. Council concurred. 107 2. SIX STAR-NIELSON CABLEVISION The Director of Public Works provided additional information to his memo dated April 15, 1981, regarding the revised request by Six Star for a 50' communications tower, three satellite signal receiving antennas, and one small electronic equipment building at five potential sites. Council members expressed concerns such as staff coordination on the matter, use of public property for such purposes, further review by a CounCil/staff committee, and impact on surrounding areas. The City Administrator stated Council's indication on whether to pursue the matter was pre- liminary to even commencing the use permit procedure. Further comments by Council included the public's interest in the matter, a willingness to consider franchise proposals from other cable companies, and technology currently being used. The Public Works Director made reference to the material handed to Council which outlines delays encountered and status with each utility company in getting overhead poles ready for cable ihstallation. It was then moved by Edgar, seconded by Hoesterey, to agendize the matter for the May 4 meeting with a report from staff. Robert R. Patty, Area Manager, assured Council Six Star is using the most modern technology, which requires the 50' tower to be of best benefit to the City. He requested Council authorization to explore use of one of the proposed sites prior to proceeding with the use permit process. He further emphasized Six Star is sensitive to citizens' needs and concerns and is willing to meet with the citizens to discuss same. In response to the Mayor, the City Administrator indicated a need for Council direction on specific sites for antenna loca- tion and suggested the matter be referred back to staff for a report at the May 4 meeting. He also requested that Council contact staff in the next few days and indicate their specific concerns relative to the proposed sites. Motion carried 5:0. 45 53 CITY COUNCIL MINUTES Page 6, 4-20-81 RECESS - EXECUTIVE SESSION At 5:17 p.m., it was moved by Edgar, seconded by Eoesterey, to recess to an Executive Session for discussion of personnel matters, and thence to the evening session. Carried 5:0. MlNUTES OF TUSTIN CITY COUNCIL RECONVENED AT 8:39 P.M. April 20, 1981 I. CALL TO ORDER Following the Planning Agency meeting, the City Council meeting was called to order by Mayor Sharp at 8:39 p.m. IIo ROLL CALL Councilpersons Present: Edgar, Eoesterey, Kennedy, Sharp Councilpersons Absent: Saltarelli Others Present: James G. Rourke, City Attorney Dan Blankenship, City Aaministrator Mary E. Wynn, City Clerk R. Kenneth Fleagle, Acting Comm. Dev. Dir. Bob Ledendecker, City Engineer Roy Gonzales, Personnel Director Royleen ~Thite, Community Services Director Ronald Nault, Finance Director Approximately 30 in the audience III. PR0CLA- MATIONS Mayor Sharp read a proclamation commending the Tustin Eigh School Varsity Basketball team for their accomplishments as runners up in the CIF tournament and presented a personalized copy to each member, coach and manager of the team. 84 IV. PUBLIC HEARINGS 1. COOPERATIVE AGREEMENT FOR AFFORDABLE HOUSING FUNDS Dr. Fleagle, Acting Community Development Director, reported that on June 3, 1980, voters in the City of Tustin gave ~pproval to Measure X, thus giving referendum authority for publicly assisted low-rent housing projects to be constructed within the City. Prior to any application for future low-rent housing projects to be funded, a cooperation agreement must be com- pleted. This hearing is for public testimony and direction for staff to prepare a resolution authorizing entrance into the agreement. The public hearing was opened at 9:04 p.m. There being no com- ments or objections, the public hearing was closed. It was moved by Edgar, seconded by Kennedy, to direct Staff to prepare a resolution authorizing entrance into the Cooperation Agreement, plus a copy of the executed agreement, for the next regularly scheduled meeting of the Council. Carried 4:0, Saltarelli absent. 45 2. RESOLUTION NO. 81-48 - A Resolution of the City Council of the City of Tustin, California, PERTAINING TO A SUBSCRIBER RATE INCREASE BY COMMUNITY CABLEVISION COMPANY The City Administrator reported that he had held a preliminary hearing on April 8, 1981 and that the ~eople in attendance did not believe the rate increase was unreasonable. Their main problem was the difficulty the Laurelwood Association would have in raising its fees to cover the increase on the 12 channel ser- vice. They agreed to Council consideration of the 12 channel service rate increase within 90. days to permit the Association to get legal help in order to determine their alternatives. The public hearing was opened at 9:07 p.m. CITY COUNCIL MINUTES Page 7, 4-20-81 Tom LaFourcade, Community Cablevision Company representative, said the company was proposing a 26-channel service which will be greatly improved. The user will have a wide range of pro- grams to choose from with the best possible rates. He said that they were in agreement with staff's recommendation. Peer Swan, 14351 Morning Glory, said he had been to the Adminis- trative hearing and agreed that we have enjoyed an extremely low rate, but pointed out that the expansions Community Cablevision is putting in are conditions necessary to meet the requirements of State Legislation AB 699 which would allow them to be released from regulations of City Councils and set their own rates. AB 699 allows a certain fee per subscriber to go to the State, and he requested that any savings be passed on to the people. The public hearing was closed at 9:23 p.m. It was moved by Edgar, seconded by Hoesterey, to adopt the recommendation and findings of the City Administrator as con- tained in his memo to the Council dated 4-10-81 and to adopt Resolution No. 81-48. Motion carried 4:0, .Saltarelli absent~45 53 3. RESOLUTION NO. 81-45 - A Resolution of the City Council of the City of Tustin, DETERMINING THE VALUE OF WRITTEN PROTESTS AND ORDERING THE ANNEXATION OF THE AREA KNOWN AS "HOLT-HAMALA ANNEXATION N0.127" TO THE CITY OF TUSTIN Dr. Fleagle, Acting Community Development Director, gave the staff report that this annexation was initiated by three of the four property owners on Holt Avenue, northerly of the Flood Con- trol Channel. On March 11, 1981, the Local Agency Formation Commission approved this proposed annexation as an uninhabited annexation containing less than 12 registered voters. If there had been unanimous consent, the property could have been annexed without the necessity of a protest hearing, however, one prop- erty owner did not consent at the time it was proposed, there- fore necessitating this hearing. A letter was sent to the five property owners affected by this annexation proposal. The public hearing was opened at 9:25 p.m. There being no com- ments or objections, the public hearing was closed. It was moved by Edgar, seconded by Sharp, to adopt Resolution No. 81-45 showing that no protests were given. Dr. Fleagle read the letter that was sent to all property owners and affirmed that he would write to all parties concerned regarding the specific plan action and ask them to voice their opinions. The motion carried 4:0, Saltarelli absent. 24 V. NEW BUSINESS 1. RENEWAL OF CONTRACT FOR COUNTY VETERINARY PUBLIC HEALTH SERVICES It was moved by Kennedy, seconded by Edgar, to authorize the Mayor and City Clerk to execute seven copies of the subject agreement and return them to the Board of Supervisors for rati- fication along with the other cities. Motion carried 4:0, Saltarelli absent. 45 CITY COUNCIL MINUTES Page 8, 4-20-81 2. LICENSE AND PERMIT BOARD FEES It was moved by Edgar, seconded by Kennedy, to waive the License and Permit Board fees for non-profit charitable organizations and community events in order to reduce costs for such activi- ties and to maximize the funds they have available for their service programs. Motion carried 4:0, Saltarelli absent. 31 3. AWARD OF BID FOR RED HILL AVENUE MCAS (H) MEMORIAL SIDEWALK Bids for subject project were opened at 11:00 a.m. on April 1981, and were received as follows: Contractor Location Bid Nobest Incorporated Westminster, CA $13,7~7.25 PC Pacific Corp. Anaheim, CA ~4,620.00 B-~ Enterprises Rancho Cucamonga, CA 14,626.75 Gillespie Construction Buena Park, CA 14,631.00 Josip Kovac Huntington Beach, CA 14,988.27 Porter Const. Co. Santa Ana, CA ~5,037.25 Richard J. Gosselin Tustin, CA 15,385.00 Impact Const. Inc. Laguna Hills, CA 15,715.25 Industrial Fence & Supply Co. Long Beach, CA ~5,786.75 CLM Construction Inc. Santa Fe Springs, CA 15,883.25 Dyno Construction Inc. Azusa, CA ~7,033.50 Changing Times Enterprises Inc. Buena Park, CA 17,3~8.75 Fleming Engineering Inc. Buena Park, CA 17,539.50 Glen G. Riley Co. Santa Ana, CA ~8,025.00 Damon Const. Co. South Gate, CA 21,257.75 Frontier Concrete Const. Co. Arcadia, CA 21,343.50 The low bid is 19% below the Hngineer's estimate of $~6,865.00. There is presently $20,600.00 budgeted for this project. There will be additional costs for work by City forces for planting of 25 trees ($1,250.00). In addition the City can furnish the memorial plaque, the design of which is presently being prepared by the Chamber of Commerce. It was moved by Kennedy, seconded b~ Edgar, to award the con- tract for subject project to Nobest Incorporated of Westminster, California, in the amount of $13,7~7.25 and to continue the decision on the plaque for further consideration. Dan Blankenship, City Administrator, said that he had concerns about the text for the plaque. It is very lengthly and would make the plaque hugB or require very small lettering. Motion carried 4:0, Saltarelli absent. 92 4. REQUESTS TO FILL PERSONNEL VACANCIES OF MAINTENANCE WORKER I, EQUIPMENT MECHANIC, AND PARKING CONTROL OFFICER It was moved by Kennedy, seconded by Edgar, to authorize filling of Maintenance Worker I, and Equipment Mechanic positions in the Maintenance Division and Parking Control Officer position in the Police Department. Motion carried 4:0, Saltarelli absent. 79 5. RECYCLING PROGRAM Dan Blankenship, City Administrator, reported that this was' an informational item and would need more administrative input. Councilwoman Kennedy said that she was in favor of any funds received from the recycling program going into the General Fund. 102 CITY COUNCIL MINUTES Page 9, 4-20-81 6. COMMUNITY DEVELOPMENT DEPARTMENT PROPOSAL TO CONSTRUCT A PACK- AGED RESIDENTIAL STRUCTURE IN THE FORM OF A GEODESIC DOME WITHIN THE R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT RESOLUTION NO. 81-50 .- A Resolution of the City Council of the City of Tustin, California, AMENDING THE HANDBOOK OF GUIDELINES FOR PLANNING, ZONING AND DEVELOPMENT ADOPTED BY RESOLUTION NO. 78-'78 The City Attorney presented a eaft resolution amending the Han~ook of Guidelines for Planning, Zoning and Development ("Guidelines") which was adopted by City Co~cilResolution No. 78-78. ~is amen~ent relates to the proposed development of a geodesic dome on Second Street near "A" Street. By ~ending ~e Guidelines in this manner the Guidelines would state as one of its purposes ~e review of development applications for single- f~ily residential sites and thereby subject such developments to ~isting desi~ review ~rocedures. Dr. Fleagle, Acting Comunity Development Director, said that most cities do not have architectural review of all R-1 property ~less they have complete neighbrhood CC&R'S or areas of historical value that they review. In response to a question abut ~is ~ing a tool to prevent old mobile homes from ~ing put on R-~ property, he said that the State has preempted us by saying that cities have to provideindivid~l R-1 b~lding sites for mobile homes but they have not taken fr~ us the authority to consider mobile homes as you would any other residential development. If you say that this is going to apply to all R-~ separate building sites, it ~uld assure ~at any factory built move-in, mobile home, or non-standard desi~ would have staff approval as to ~mpatibility to the ~isting residences with a right of appeal to the City Council. There are only a few vacant lots within ~e City and therefore this ~rocess ~uld not have a financial impact on the City. It was moved b~ Kennedy, seconded by Edgar, to adopt Resolution No. 8~-50. Donald R. ~nd, 1509~ Clemans Circle, Irvine, developer for this property, said that apparently the opposition to his development is one of architectural style and presently there are no requirements to seek City approval on architectural style and anything ~e Co~cil does to ~ange the ~isting laws is ~ing to restrict his rights as a property owner and he feels this is grossly ~fair and ~just and he asked ~at he ~ ~eated with fairness and justice. Greg Bennett, who has been ~ployed by ~. Bond on this project, stated that they have a City Inter-office memo that says R-1 residences do not ne~ architectural desi~ review. They have been required to have landscaping plans which has caused added expense and he expressed that this chan~ in the Guidelines is morally ~ter ~e fact. Co~cilwoman Kennedy responded that the City Co~cil two meet- ings ago,did ask that this be resolved between the residents and the developer and the meeting took place and there was no give on the part of the developer and there was no resolution of the problem. Motion carried 4:0, Saltarelli ~sent. 81 7. TREE REMOVALS - MAIN STREET, "B" STREET AND "C" STREET It was moved by Edgar, seconded by Hoesterey, to authorize the following street tree removals and/or relocations: 1. Relocation of two "Ficus Retusa Nitida" or Indian Laurel Fig trees on "C" Street; CITY COUNCIL MINUTES. Page 10, 4-20-81 2. · Removal of One "JugiansRegia" or English Walnut tree On "C" Street and replacement with a Ficus Retusa Nitida tree; 3. Removal of two "Schinus Molle" or California Pepper trees on Main Street and replacement with approved street trees; 4. Removal of two Avocado and one "Bauhinia Variegata" or Purple Orchid tree at the southeasterly corner of "B" and Main Streets as required by the developer; 5. Removal of one "Prunus Persica" or peach tree, one Hibiscus tree shrub and one Erythrinia Crista-galli or Cockspur Coral tree on "B" Street; and 6. Removal of one "Eucalyptus Globulus" or Blue Gum tree on Main Street and replacement with an approved street tree. Bob Ledendecker, City Engineer, said that Item No. 4 is not a request to remove the trees immediately but as the project pro- gresses they will probably be one of the last items to be done. Councilwoman Kennedy requested that the motion include that Ite~s 2, 3 and 6 might be able to be done at the owner's expense. Councilmen Edgar and Hoesterey agreed to this addition tothe motion. The City Engineer said that the two Peppertrees that have historical value are in the worst shape. They have had to be trimmed and they are hollow. Doug Gfeller, representative for the developer of the Stevens property at Main and "B" Streets, said that the removal of these trees would be a help to the developer and they would be willing to pay the costs. However, he asked that the City increase the size of the replacement trees if they pay for the removal. Council concurred that they would do this. Motion with the addition carried 4:0, Saltarelli absent. 86 VI. OTHER BUSINESS 1. EXECUTIVE SESSION The City Administrator asked for a brief executive session for personnel matters following the meeting. Council concurred. 2. 41' STRIP OF PROPERTY NEXT TO THE BOY'S CLUB Councilman Edgar said that the Council had requested him to interface with the Boy's Club regarding their approval of the agreement to sell the 4~' strip of property next to the Boy's Club to Mr. Foster for a parking lot and he had found both parties to be completely amiable to the agreement as drafted by Attorney Rourke with the exception of Appendix E. They felt the liability insurance required in Appendix E would be too expen- sive for them. It was moved b~ Edgar, seconded by Kennedy, to approve the agreement with the elimination of Appendix "E". Attorney Rourke said that he did not have any problem with eliminating Appendix "E". In drafting the agreement he had tried to give the City as fair an agreement as possible for the value they were receiving in order to be sure it was a justi- fiable action. Councilman Edgar withdrew his motion and agreed to talk further with the Boy,s Club and Mr. Foster to work out an acceptable solution to the agreement and to report back at the next meeting. 85 CITY COUNCIL MEETING Page 11, 4-20-81 3. PROCEDURE TO ADJOURN MEETINGS IN MEMORY OF DECEASED INDIVIDUALS · WHO HAVE BEEN ACTIVE IN CIVIC AFFAIRS Councilman Edgar advised that the Board of Supervisors had adjourned one of their meetings in memory of his mother-in-law and had presented them with a formal certificate with the five i signatures on it. He requested that staff report hack at the next meeting if this can be done and provide a procedure for implementing it. Council concurred. Councilman Hoesterey commented that people deserving of this should be given proclamations while they are living. 84 VII. ADJOURNMENT It was moved b~ Edgar, seconded by Hoesterey, to adjourn at 10: 15 p .m. to an Executive Session and thence to the next regular meeting on May 4, 1981. Carried 4:0, Saltarelli absent.