HomeMy WebLinkAboutCC MINUTES 1981 02 17 MINUTES OF A REGULAR MEETING
OF THE TUSTIN CITY COUNCIL
C0UNCIL CHAMBERS
300 Centennial Way
February 17, 1981
I. CALL.
TO ORDER The meeting was called to order by Mayor Saltarelli at 3:34
following ~e re~lar meeting of ~e Planning Agency.
ROLL CALL Co~cil~ersons Present: Edgar, Hoesterey, Kennedy, Saltarelli,
Shar~
Co~cilpersons Absent: None
Others Present: J~es Rourke, City Attorney
Dan Blankenshi~, City A~inistrator
Mary E. ~nn, City Clerk
Eva A. Solis, Deputy City Clerk
Bob Ledendecker, City Engineer
Michael Brotemrkle, Co~. Dev. Director
Roy Gonzales, Personnel Director
Royleen ~ite, Comuni~ Services Director
Ronald Nault, Finance Director
Charles R. ~ayer, Chief of Police
Gary Napper, A~inistrative Assistant
Approximately 10 in the audience
III. PROC-
LAMATION The proclamtion for presentation to Mr. Gene Carter was deferred to
later in the meeting, pending his arrival.
RECESS It was mved b~ Kennedy, seconded b~ Edgar, to recess to ~e Rede-
velopment Agency meeting at 3:35 p.m. Motion carried 5:0.
MINUTES OF A REGULAR MEETING
REDEVELOPMENT AGENCY
February 17, 1981
1. ~e meeting was called to order by Chairman Saltarelli at 3:35
p.m.
2. Meters Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp
Meters Absent: None
3. APPROVAL OF MINUTES - February 2, 1981
It was moved b~ Sharp, seconded b~ Edgar, to approve the minutes
of ~e February 2, 198~, meeting. Motion carried 5:0.
4. SELECTION OF CONSULTANT FOR ENGINEERING DESIGN SERVICES
AS reco~ended in the memo ~ted February 11, 1981, prepared by
the City Engineer, it was mved by Edgar, seconded by Sharp, to
conrim the City Co~cil's selection of the rim of Gover~ental
Professional Services to perform ~gineering desi~ services ~d
authorize the expendit~e of Redevelopment Agency fun~ in the
~o~t of $~4,650.00 for ~e following projects:
~ a) ~in Street Storm Drain, from E1 Camino Real to "B" Street.
b) ~in Street Stom Drain from 400' westerly of Centennial Way
to Prospect Avenue.
c) Sixth Street Stom Drain, from E1 C~ino Real to "B" Street.
Carried 5:0.
5. It was moved b~ Edgar, seconded by Kennedy, to adjoum at 3:36
p.m. to ~e City Council meeting. Motion carried 5:0.
CITY COUNCIL MINUTES
Page 2, 2-17-81
MINUTES OF TUSTIN CITY COUNCIL
RECONVENED AT 3:36 P.M.
February 17, 1981
V. PUBLIC
CONCERNS None
VI · CONSENT
CALENDAR 1. APPROVAL OF MINUTES - February 2, 1981 Regular Meeting
February 9, 1981 Workshop
2. APPROVAL OF DEMANDS in the amount of $360,239.68.
RATIFICATION OF PAYROLL in the amount of $95,776.56.
3. CLAIM OF SHERRI DAY, CLAIM NO. 80-12, DATE OF INCIDENT: 2-7-80
Deny Claim of Sherri Day as recommended by the City Attor-
ney ·
4. AGREEMENT FOR USE OF POLICE PISTOL RANGE
Authorize the Mayor to sign a contract agreement with the
City of Fountain Valley for use of their pistol range as
recommended by the Chief of Police.
5. ROOS BILL #2853, HOUSING ELEMENTS
Support amendment of Roos Bill and authorize the Mayor to
sign the letter to legislators as recommended by the City
Administrator ·
6. RESOLUTION NO. 81-17 - A Resolution of the City Council of the
City of Tustin, California, APPROVING THE ORANGE COUNTY ARTS
ALLIANCE'S PLANNING PROCESS
Adopt Resolution No. 81-17 and direct City Clerk to mail a
signed copy to the Orange County Arts AllianCe as recom-
mended by the Director of Community Services.
7. RESOLUTION NO. 81-18 - A Resolution of the City Council of the
City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS
FOR FISCAL YEAR 1980-81 HANDICAPPED RAMP CONSTRUCTION PROGRAM
Adopt Resolution No. 81-18 as recommended by the Engineering
Department ·
8. RESOLUTION NO. 81-19 - A Resolution of the City Council of the
City of Tustin, California, APPROVING THE PRIORITY PLAN FOR
EXPENDITURE UNDER THE PROVISIONS OF THE CALIFORNIA PARKLANDS ACT
OF 1980
Adopt Resolution No. 81-19 as recommended by the Director of
Co~mlunity Services.
9. RESOLUTION NO. 81-20 - A Resolution of the City Council of the
City of Tustin, APPROVING TENTATIVE TRACT NO. 11389 (14742 Plaza
Drive )
Adopt Resolution No. 81-20 as recommended by the Community
Development Department.
Item 9 was removed from the Consent Calendar by the Mayor. It was
moved by Kennedy, seconded by Edgar, to continue Item 9 to March 2
(in accordance with earlier action taken by the Planning Agency), ~-_
and approve the remainder of the Consent Calendar. Motion carried
5:0.
VII.
ORDINANCES
FOR INTRO-}
DUCTION 1. ORDINANCE NO. 841 - An Ordinance of the City Council of the City
of Tustin, ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAY-
MENT OF FEES, OR BOTH FOR PARK AND RECREATIONAL LAND IN SUBDIVI-
SIONS
CITY COUNCIL MINUTES
Page 3, 2-17-81
Following clarification by the Community Development Director,
it was moved by Kennedy, seconded by Edgar, that Ordinance No.
841 have first reading by title only. Carried 5:0. Following
reading of title by the City Clerk, it was moved by Edgar, sec~
onded by Kennedy, that Ordinance No. 841 be introduced. In
response to Councilman Hoesterey, the Community Development
Director stated that industrial subdivisions are exempted by
State law from such fees. Motion carried 5:0.
RESOLUTION NO. 81-7 - A Resolution of the City Council of the
City of Tustin, California, ESTABLISHING FEES IN LIEU OF PARK
LAND DEDICATION
It was moved by Saltarelli, seconded by Edgar, to adopt Resolu-
tion No. 81-7. Carried 5:0.
2. ORDINANCE NO. 838 - An Ordinance of the City of Tustin, Califor-
nia, AMENDING ARTICLE 8, CHAPTER 8, OF TUSTIN CITY CODE PERTAIN-
ING TO SMOKE DETECTOR INSTALLATION
Following staff input and Council discussion, it was moved by
Hoesterey, seconded by Kennedy, to reject Ordinance No. 838 in
favor of amending the Uniform Fire Code, to be developed by the
Fire Dept. and City Attorney Conjunctively. Councilman Edgar
stated for the protection of apartment dwellers, action on Ordi-
nance No. 838 was justified. It was noted that wired-in smoke
detectors are required in new construction units as opposed to
battery-operated smoke detectors. Motion carried 4:1, Edgar
dissenting.
VIII. ORDI-
NANCES FOR
ADOPTION None
IX. OLD
BUSINESS 1. PROPOSED WATERRATES, FEES AND CHARGES
RESOLUTION NO. 81-9 - A Resolution of the City Council of the
City of Tustin, California, ESTABLISHING CERTAIN TUSTIN WATER
SERVICE FEES, CHARGES, DEPOSITS AND WATER USAGE RATES
In response to the City Engineer's request for clarification on
the age criterion for senior citizens' exemption from the ser-
vice deposit requirement on single-service residential hook-ups,
it was determined that age 60 would be used in determining
eligibility for said exemption.
It was then moved by Edgar, seconded by Sharp, to adopt Resolu-
tion No. 81-9, with an amendment to exempt senior citizens age
60 and up from the service deposit requirement on new single-
service residential hookups.
The City Engineer responded to Councilman Sharp, stating that
the proposed fees are consistent with conditions set forth in
acquisition of the water system. The Mayor requested a short
report indicating the breakdown and use of fees charged by the
East Orange County Water District. Councilwoman Kennedy
requested staff's indulgence in explaining the fees to the
building public. Motion carried 5:0.
2. SYCAMORE AVENUE CENTER ISLANDS
Following consideration of the memo dated December 5, 1980, pre-
pared by the City Engineer and a question-and-answer period, it
was moved by Edgar, seconded by Kennedy, to:
a) Authorize expenditure of $4,600.00 to relandscape Sycamore
Avenue island between Red Hill Avenue and Devonshire Avenue
with priority; and
CITY COUNCIL MINUTES
Page 4, 2-17-81
b) Authorize expenditure of $5,400.00 to relandscape Sycamore
Avenue island between Canterbury Avenue and the easterly
boundary of the development, with staff to determine com-
mencement of project (either this fiscal year or next fiscal
year).
Motion carried 5:0.
3. RESOLUTION NO. 81-8 - A Resolution of the City Council of the
City of Tustin, AMENDING THE PERSONNEL RULES AND REGULATIONS OF
THE CITY OF TUSTIN
It was moved by Kennedy, seconded by Edgar, to adopt Resolution
No. 81-8. Carried 5:0.
AGENDA ORDER
III. PROC-
LAMATION The following proclamation was read and presented by Mayor Salta-
relli in recognition of service provided to the City:
E. E. "Gene" Carter - Southern California Edison Company
X. NEW
BUSINESS l- COMPUTER SYSTEM IMPLEMENTATION COST
As recommended in the memo dated February 4, ~981, prepared by
the Chief of police, it was moved by Edgar, seconded by Kennedy,
to authorize an additional expenditure of $3,076.00 for imple-
mentation costs to the police computer system by transfer of
funds from unused police personnel salaries. Councilman Edgar
reiterated his concerns for complete coordination of computer
systems within the City. Motion carried 5:0.
2. AWARD OF BID FOR FY 1980-81 SIDEWALK & CURB REPAIR PROGRAM
Bids were received as follows:
Impact Construction Company $27,~65.06
Fleming Engineering, Inc., Buena Park $31,794.98
Damon Construction Co., South Gate $33,327.18
John Jezowski, Inc., Orange $34,946.41
CLM Construction, Inc., Whittier $34,979.90
A & C General Engineering, Huntington Beach $35,506.60
Josip Kovac, Buntington Beach $38,313.87
Dyno Construction Co., Azusa $38,636.13
Porter Construction Co., Santa Ana $38,746.26
Luz Pina General Engineering, Los Alamitos $38,920.83
Markel Cement Contracting, Costa Mesa $41,764.73
The low bidder came in 31% below the Engineer's estimate of
$39,378.74. Due to surplus funds available, additional sidewalk
and curb repair areas will be added to the contract.
As recommended in the memo dated February 10, 1981, it was moved
by Sharp, seconded by Kennedy, to award the subject bid to
Impact Construction Company of Dana Point in the amount of
$27,~65.06.
pursuant to Councilman Edgar's inquiry, the City Engineer
reported that recently annexed sidewalks had not been totally
inventoried and were not included in the present listing; those
streets in need of repair within the annexed areas would be
prioritized and included in the next contract; and one future
goal is to utilize proper Maintenance personnel to perform some
of the repairs inhouse in hopes of accomplishing more work.
Motion carried 5:0.
CITY COUNCIL MINUTES
Page 5, 2-17-81
3. RED HILL AVENUE SIDEWALK PROJECT
Following Council discussion and input from the City Engineer,
it was moved by Edgar, seconded by Kennedy, to authorize funding
of the Red Hill Avenue Sidewalk Project in fiscal year 1980-81
as requested by the Tustin Chamber of Commerce. Motion carried
5:0.
Relative to subject project, it was moved by Edgar, seconded by
Kennedy, to direct staff to study appropriate project dedication
acknowledging the recent accidental death of six Marines, with
concurrence of the United States Marine Corps. Carried 5:0.
4. TUSTIN WATER SERVlCE VEHICLE REPLACEMENT
It was moved by Saltarelli, seconded by Hoesterey, to authorize
expenditure for replacement of the following vehicles:
3 Pick-up Trucks $21,200.00
1 Cushman Scooter $ 5,100.00
1 One-Ton Dump Truck $15,700.00
Councilman Edgar indicated he is still anxious to see the finan-
cial statement of the City's acquisition of the water system.
Motion carried 5:0.
5. ORDINANCE VIOLATION - 13531WHEELER PLACE, HOME OCCUPATION
Councilman Edgar suggested consideration of the matter at the
evening session, pursuant to requests received from the public.
The Mayor indicated preference to receive input from those in
the audience at this time. The City Attorney reported that the
tenant is in clear violation of City ordinances, and advised
that Council direct staff to proceed with appropriate measures
to relieve the situation.
Carol Yeaget, Wheeler/Santa Clara, spoke in favor of abating the
violations; expressed fears/frustrations caused by said viola-
tions; and inquired as to what time frame could be expected from
now until abatement.
The City Attorney recommended a procedure of filing a criminal
complaint against involved parties, followed by a civil action
seeking injunction against the property owners, would ~orrect
the situation expeditiously.
It was moved by Saltarelli, seconded by Sharp, that staff be
authorized to take whatever action is necessary to abate the
nuisance immediately. The City Attorney indicated he would pro-
ceed to contact Mr. Yoshikawa's attorneys the following day, and
advise that if the nuisance is not abated immediately, criminal
and civil action would be filed by the City.
Linda Hirschman, 13521 Wheeler Place, spoke in favor of abate-
ment and provided historical information leading up to the
violations.
Motion carried 5:0. In accordance with the Mayor's request, the
neighbors present indicated they would notify other residents of
Council's action on the matter.
6. WATER DEPARTMENT CLASSIFICATION PLAN
AS recommended in the memo dated February 11, 1981, prepared by
the Personnel Director, it was moved by Edgar, seconded by
Kennedy, to adopt new classifications for inclusion in the City
classification plan for the following positions:
CITY COUNCIL MINUTES
Page 6, 2-17-81
Finance Maintenance
Water Billing Clerk Maintenance Worker I - Water
Data Entry Operator Maintenance Worker II - Water
Water Billing Supervisor Equipment Operator II
Water Accountant Water Services Technician
Water Construction Superintenden
Administration
Water Services Analyst Public Works
Water Services Manager
Motion carried 5:0.
7. REQUEST FROM HOMEOWNER TO REMOVE TREE (1641 Greenmeadow Ave.)
It was moved by Edgar, seconded b~ Saltarelli, to remove the
bronze loquat parkway tree as requgsted and replace with a City
approved tree at 1641 Greenmeadow Avenue, as recommended in the
memo dated February 9, 1981, prepared by the Maintenance Super-
intendent. The City Engineer reported that although the resi-
dent also requested that the tree not be replaced, staff was
reconunending replacement for aesthetic reasons- Carried 5:0.
8. REQUEST FOR STOP SIGNS AT SIXTH AND "B" STREETS
The City Engineer reported findings indicate the intersection of
Sixth and "B" Streets does not meet warrants for 4-way stop
signs; the stop sign on Sixth Street was installed at the
request of a resident; staff's recommendation is to leave the
signs as they exist; and even though not warranted, if any
action was to be taken, stop signs should be added rather than
removed.
It was then moved b~ Edgar, seconded by Kennedy, to install two
additional stop signs at the intersection of Sixth and "B"
Streets- In response to Councilwoman Kennedy, the City Engineer
indicated staff would review crosswalks at subject intersection
and repaint those requiring same; also, resolution adoption
would be required at the March 2 meeting to implement sign
installation. Motion carried 5:0.
9, WALNUT AVENUE BIKE LANES
Lengthy Council discussion followed, and the City Engineer
responded to Council questions on the memo dated February 5,
1981, prepared by the City Engineer, in reference to the letter
dated December 1, 1980, from William Watts, Principal, and
Bonnie Hermann, PT0 President, W. R. Nelson School, requesting a
bike lane area on the north side of Walnut between Cherrywood
and Browning and a "No Right Turn on Red" sign at the corner of
Walnut and Browning.
Bonnie Hermann, W. R. Nelson PTO president, was recognized in
the audience by the Mayor, and participated in the discussion.
Councilmembers expressed concerns regarding traffic hazards
and/or elimination of parking for after-school activities
(sports and educational) which might result with the addition of
a bicycle/traffic lane. The City Engineer suggested staff meet
with Mrs. Hermann and Mr. Watts at W. R. Nelson School, and
possibly a representative from the soccer association, to review
the matter and come up with an appropriate recommendation- It
was then moved by Kennedy, seconded b~ Edgar, to continue the
matter to the next regular meeting, with notification to be
given to Peppertree and Laurelwood Homeowners' Associations.
Carried 5:0.
CITY COUNCIL MINUTES
Page 7, 2-17-81
10. REQUEST FOR PROPOSALS FOR EIR PROJECT RAILROAD CROSSING
As recommended in the memo dated February 17, 1981, prepared by
the Community Development Department, it was moved by Edgar,
seconded by Sharp, to authorize solicitation for proposals for
preparation of an Environmental Impact Report for Newport Avenue
grade crossing (to Edinger Avenue) and alternatives. Motion
carried 5:0.
XI. OTHER
BUSINESS 1. MISCELLANEOUS LEGISLATIVE ACTION
The City Administrator reported on voting by legislative repre-
sentatives regarding Roos Bill #2853, which makes the housing
element mandatory, stating Briggs voted "Yes" on the floor, but
"No" on the conference report; Schmitz voted "No"; and Bergeson
voted "Yes."
2 · LEGAL AID SOCIETY
The Mayor made reference to an article in "The Register"
regarding Legal Aid Society, which is funded by public monies
and is in turn filing class action suits against local govern-
ments. He felt the Council should take a strong position that
Legal Aid should either be a private organization without
government funding, or they should not be allowed to use public
funds to sue government entities, and convey that position to
the Orange County Board of Supervisors. Council concurred.
XI I ·
ADJOURNMENT
It was moved by Hoestere~, seconded b~z Edgar, to adjourn at 4:53
p.m. to the next regular meeting on Monday, March 2, 1981. Carried
5:0.
' 'v /MA/Y 0 ~