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HomeMy WebLinkAboutCC MINUTES 1980 12 01 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way December 1, 1980 CALL TO ORDER The meeting was called to order by Mayor Saltarelli at 4:26 p.m. following the regular meeting of the Planning Agency. II. ROLL CALL Councilpersons Present: Saltarelli, Edgar, Kennedy Councilpersons Absent: Noesterey, Sharp Others Present: James G. Rourke, City Attorney Dan Blankenship, City Administrator Mary E. Wynn, City Clerk Eva A. Solis, Deputy City Clerk Michael Brotemarkle, Community Development Director Bob Ledendecker, City Engineer Royleen White, Community Services Director Ronald Nault, Finance Director Gary Napper, Administrative Assistant Nancy Miller, Administrative Aide Approximately 10 in the audience III. RECESS It was moved by Edgar, seconded by Kennedy, to recess to the Rede- velopment Agency at 4:27 p.m. Motion carried 3:0. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY December 1, 1980 1. The meeting was called to order by Chairman Saltarelli at 4:27 p.m. 2. Members Present: Saltarelli, Edgar, Kennedy Members Absent: Hoesterey, Sharp 3. APPROVAL OF MINUTES - November 17, 1980 It was moved by Edgar, seconded by Kennedy, to approve the min- utes of the November 17, 1980, meeting. Motion carried 3:0. 4. Motion was made by Edgar, seconded by Kennedy, to adjourn at 4:2s p.m. to the city Co cll ,RECORD~ SECRET/A~ MINUTES OF TUSTIN CITY COUNCIL REDEVELOPMENT AGENCY December 1, 1980 PUBLIC CONCERNS None CITY COUNCIL MINUTES Page 2, 12-1-80 CONSENT CALENDAR 1. APPBOVAL OF MINUTES - November 17, 1980, meeting. 2. RATIFICATION OF PAYROLL in the amount of $89,992.34. 3. DENIAL OF CLAIM OF JAMES A. SEVERINO, CLAIM NO. 80-16, DATE OF LOSS: 4-1-80 Denial of Claim of James A. Severino as recommended by the City Attorney. 4. DENIAL OF CLAIM OF CAPITAL WESTWARD, CLAIM N0. 80-21, DATE OF LOSS: 8-14-80 Denial of Claim of Capital Westward as recommended by the City Attorney. 5 · DENIAL OF CLAIM OF BORIS KORBEL, CLAIM NO. , 80-22, DATE OF LOSS: 7-9-80 Denial of Claim of Boris Korbel as recommended by the City Attorney. 6. XEROX CORPORATION, DIABLO SYSTEMS, INC. AND VERSATEC, INC. V. COUNTY OF ORANGE, CITY OF TUSTIN, ET AL., CLAIM NO. S&C 80-26 Authorize the defense of the City of Tustin in this matter by the County Counsel of the County of Orange as recommended by the City Attorney. 7 · FIREWORKS, REGULATION BY CITIES Authorize joining the City of Tustin to the Amicus CUriae Brief without obligation for expenditure of time or money regarding regulation of fireworks by cities as recommended by ~he City Attorney. 8. DENIAL OF CLAIM OF MARICELA AND ABELINA LOPEZ, CLAIM NO. 80-25, DATE OF LOSS: 9-16-80 Denial of Claim of Maricela and Abelina Lopez as recommended by the City Attorney. 9. RELEASE OF BONDS - PARCEL MAP NO. 78-115 (North side of Sixth Street between E1 Camino Real and Newport Avenue) Accept the public improvements associated with Parcel Map No. 78-115 and authorize the release of the Faithful Perfor- mance Bond ~2883225 in the amount of $33,525.00 and the Labor and Materials Bond #2883225 in the amount Of $~6,762.00 as recommended by the City Engineer. PACIFIC TELEPHONE COMPANY EASEMENT - CENTENNIAL PARK Authorize the Mayor to execute the grant of ~ 5 ' easement within Centennial Park for installation of underground tele- phone communicati0~i!Systems as recommended by the City Engi- neer. RESOLUTION NO. 80-127 - A Resolution of the City Council of the City of Tustin, FINDINGS OF THE CITY COUNCIL IN ADOPTING AMEND- MENTS TO THE UNIFORM BUILDING CODE, 1979 AND UNIFORM HOUSING CODE, 1979 Adoption of Resolution No. 80-~27 as recommended by the Com- munity Development Department. 12. RESOLUTION NO. 80-132 ' A Resolution of the City Council of the City of Tustin, APPROVING FINAL TRACT NO. 10852. (14751 Plaza Drive) Adoption of Resolution No. 80-132 as recommended by the Com- munity Development Department. CITY COUNCIL MINUTES Page 3, 12-1-80 13. RESOLUTION NO. 80-133 - A Resolution of the City Council of the City of Tustin, APPROVING TENTATIVE TRACT NO. 11336. (1651 MitchellAvenue) Adoption of ResOlution No. 80-133 as recommended by the Com- munity Development Department. 14. RESOLUTION NO. 80-134 - A Resolution of the City Council of the City of Tustin, APPROVING TENTATIVE TRACT NO. 11330. (North- easterly corner of San JUan and Red Hill Avenue) Adoption of Resolution No. 80-134 as recommended by the Com- munity Development Department. Item 10 was removed from the Consent Calendar by Kennedy. It was moved by Edgar, secondedby!Kennedy:, to continue Item 14 (Resolution No. 80-134) to December 15, 1980, and approve remainder of the Con- sent Calendar. Motion carried 3:0, Hoesterey and Sharp absent. Item 10 - Pacific Telephone Company Easement - Centennial Park - In response to Councilwoman Kennedy, the City Engineer stated that maintenance of the park grounds is included in the work permit issued by the City, and the deed document strictly grants a per- petual easement for use of that portion of the grounds by Pacific Telephone. He further explained that a separate work permit is required for any additional line installations. It was then moved by Kennedy, seconded by Edgar, to authorize the Mayor to execute the grant of 15' easement to Pacific Telephone within Centennial Park for i~stallati0n of underground telephone communication systems. Carried 3:0, Hoesterey and Sharp absent. ORDINANCES FOR INTRO- DUCTIO~ (See Public Hearings No. 1 and No. 3 VII. ORDI- NANCES FOR ADOPTION None VIII. OLD BUSINESS 1. APPOINTMENT OF CITY DISASTER MEDICAL & HEALTH COORDINATOR FollOwing discussion' of the memo dated November 21, 1980, pre- pared by the Administrative Assistant, it was moved by Edgar, seconded by Kennedy, to direct the city Administrator to recom- mend to Council one candidate from among the nominees (to include nominees submitted by Council) for appointment to the - position. Carried 3:0~Hoesterey and Sharp absent. 2. TREE REMOVALS AT VARIOUS LOCATIONS Following discussion of the memos dated November 25 and 26, 1980, prepared by the City Engineer and City Administrator, respectively, the Maintenance, Superintendent responded to Council questions. It was then ~oved by Edgar, seconded by Kennedy~ tO apprOVe the following: Location Trees Recommendation 1321 Lear Lane 5 Ash L.I.O.A.R.* 13622 Malena Dr. 1 ASh L.I.O.A.R.* 1311 Lance Dr. 1 Ash Remove& Replace · 455 W. Main St. 8 Trees of Heaven RemOve& Replace 455 Pacific St- 2 Ash L.I.O.A.R.* 14921/14922 Featherhill Rd. 2 Eucalyptus RemoVe/Owner Replace *Leave If Owner ACcepts Responsibility (both legal and financial for root maintenance, sidewalk/curb repairs, and injury to others or their prope~tyea~sea by problem tree~ CITY COUNCIL MINUTES Page 4, 12-1-80 It was noted that any tree removal .is done,W~h p~.~pr consent of the property owner, and any replacements are made with trees which meet City standards. Motion carried 2:1, Saltarelli dis- senting, Hoesterey and Sharp absent. IX. NEW BUSINESS 1. REQUEST TO FILL VACANCY IN TUSTIN WATER SERVICE AS recommended by the City Administrator in the memo dated NOvember 24, 1980, prepared by~ the City Engineer for request to fill personnel vacancy, it was moved by Edgar, seconded by Saltarelli, to: a.Fill the Maintenance Worker I vacancy in the Tustin Water Service caused by a recent termination; and b. Table consideration of filling a previous vacancy that existed within Tustin Water Works prior to acquisition by City for 60-90 days for analysis of manner in which City operation may differ from that of the Tustin Water Works. Motion carried 3:0, HOesterey and Sharp absent. 2. COMMUNITY SERVICES DEPARTMENT REORGANIZATION As recommended in the memo dated November 25~1980, prepared by the Community Services Director=, it was moved by Edgar, seconded by Kennedy, to: 1) Authorize the Community Services Department to fill vacant Recreation Supervisor's position; 2) Reclassify current Recreation specialist positions to Recre- ation Coordinators; 3)Reclassify curren~= I~termediate Typist/Clerk to Department Clerk; and 4) Authorize addition of one new position - Typist/Clerk - and subsequent recruitment- Motion carried 3:0, Hoesterey and Sharp absent. 3. CULTURAL ARTS COMMITTEE PROPOSAL AS recommended in th~ ~emo dated November 25, 1980, prepared by the Community Services Director, Council concurred to direct staff to communicate with the' Cultural Arts Committee, confirm- ing that the approved reorganization will handle the request stated in their letter dated October 20,1980. 4. R-3 ZONED PROPERTIES ON .C" STREET Following discussion of the memo dated December 1, 1980, pre- pared by the Comm~ey'~6Vei6pmeht Department, it was moved Edgar, seconded b~ Kennedy, to direct staff to advertise a public hearing to consider change in zone classification from R-3 to C-2 for properties On "C" Street in the E1 Camino Real Specific Plan area. Carried 2:1, Saltarelli dissenting, Hoesterey and Sharp absent. Council concurred that notification be made via mail to property owners west of the park, as well as those within 300' feet of the area. 5. BID AWARD - PROJECT I MEDIAN ISLAND CONSTRUCTION AT MAIN; PROJECT II - TRAFFIC SIGNAL CONDUIT INSTALLATION AT NEWPORT; AND PROJECT III- CENTER MEDIAN IRRIGATION & LANDSCAPE ON NEWPORT Bids were received as follows: CITY COUNCIL M/NUTES Page 5, 12-1-80 Grissom and Johnson, Santa Ana $136,342.70 Nobest, Inc., Westminster $149,354.50' Akatani Landscape, Gardena $166,878.45 *Incomplete bid; Item No. 2 emitted, but apparently included in total bid amount. The low bidder, Grissom and Johnson, does not meet requirements of Section 8-1.01 of Standard Specifications which states in part, "the contractor shall perform with his own organization contract work amounting to not less than 50 percent of the original total contract price." Staff contacted the two other bidders and requested they waive the requirements of Section 8-1.01 as stated above. Both bidders consented to the waiver. It was then moved.by Kennedy, seconded by Edgar, to 1) waive the requirements of Section 8-1.01 of the Standard Specifications in part as stated above and award the subject project to Grissom and Johnson, Inc., Santa Ana, in the total amount of $136,342.70; and 2) approve funding as follows: Funds Amount Project I Redevelopment Agency $ 36,749.20 Project II Gas Tax 15,754.00 Project III ReVenue Sharing 12,594.88 Redevelopment Agency 71,244.62 $136,342.70 Project III - Olive Trees by Revenue Sharing $2,250.00 Separate Vendor Redevelopment Agency $8,100.00 Motion carried 3:0, Hoesterey and Sharp absent. Councilman Edgar commented he was pleased with the appropriation of Rede- velopment funds. 6. STRET LIGHTING - HOLT AVENUE PUrsuant to StaffmS request, this item was deleted from the agenda with Council concurrence. 7. RESOLUTION NO. 80--129 - A Resolution of the City Council .of the City of Tustin, California, APPROVING TRANSFER OF SHARES OF SIX STAR CABLEVISION OF TUSTIN, INC. The City Engineer and City Attorney provided information in response to Council questions regarding Six Starms progress. The City Attorney further relayed that the applicant had requestedI a con~inuance of the matter. In accordance with that request, it was moved by Kennedy, seconded by Edgar, to continue Resolution No. 80-129 to February 2, 1980. Motion carried 3:0, Hoestorey and Sharp absent. 8. REQUEST FOR SIGN CODE EXCEPTION (B & F Shoes, 528 E. First St.) The Community Develol~nent DireCtor reported the applicant, Ernest Rauda, requested that this matter be heard at the evening session so that he could be present to answer any questions. Council concurred. X. OTHER BUSINESS None RECESS TO EVENING At 5:00 p.m., it was moved by Kennedy, seconded by Edgar, to recess to the 7:30 p.m. evening session. Carried 3:0, Hoesterey and Sharp absent. CITY COUNCIL MINUTES Page 6, 12-1-80 MEETING OF TUSTIN CITY COUNCIL . RECONVENED AT 7:30-P.M. December l, 1980 CALL TO ORDER The City Council meeting was called to order at 7:30 P.M. by Mayor Saltarelli- II. ROLL CALL Councilpersons Present: Saltarelli, Edgar, Hoesterey, Sharp, Kennedy Councilpersons Absent: NOne Others Present: James G. Rourke, City Attorney Dan Blankenship, City Administrator ......... Mary-E..Wynn, City Clerk Michael Brotemarkle, Community Development Director BobLedendecker, City Engineer Royleen White, Conunity Services Director CharlesThayer~ Police Chief Approximately 20 in the audience III. ' ' PUBLIC HEARINGS 1. AMENDMENT TO 1979 UNIFORM HOUSING CODE (Continued Hearing) MikeBrotemarkle, Community Development Director, reported that this was a continued hearing and Ordinance No. 838 requires that whenever any Unit is vacated, a Certificate of Occupancy is required before it can be re-occupied and smoke detectors must be installed. Ordinance No. 838(Alternate) requires a Certifi- cate of Smoke Detector Alarm installations and establishes a voluntary maintenance inspection program fordwelling units in the City of Tustin. Both of these ordinances would require the addition of personnel to perform the inspections necessary. The public hearing was Opened at 7:37 p.m. Kathy Weil, 1702 Summerville, and Jim Farnsworth, 17331 NorwOod Park Place, were inopposition to both ordinances and especially for single-family residences. They expressed that government is taking too much control and trying to mandate the responsibility of the citizens.. Bob Knox, 352 Williams St., preferred that the smoke detectors be required in multiple dwellings only because of the need to be protected f~om a neighb0r'S carelessness. The public hearing was closed at 7:46 p.m. Councilman Edgar said that he had been outspoken about the need for mandatory smoke detectors but he could see that it is an invasion of privacy for single-family dwellings. However, he was in favor of requiring them for multi-familY units but was disturbed by the need for inspections- With this in mind, it was moved by Edgar,- seconded by Kennedy, that staff should pre- pare an ordinance that would incorporate only Chapter ~8 for multi-family dwellings with the burden of proof being put on the owner by requiring a not~rized statement that he has complied, a d a oVis~ fo u penalty if it is determined that his t 1 Attorney Rourke said that such an ordinance could be drafted and the City would not have the obligation to inspect the dwellings or the liability for non compliance. CITY COUNCIL MINUTES Page 7, 12-1-80 Roll Call Vote: AYES: Edgar, Hoesterey, Kennedy NOES: Saltarelli, Sharp Councilman Sharp suggested that if any money was going to be spent regarding this matter, that it be used to encourage people to make their homes safe. 2. GENERAL PLAN AMENDMENT 80-2(A) was deferred to later in the meeting and is recorded on Page 8 of these minutes. GENERAL PLAN AMENDMENT 80-2(B) Jim Earnsworth, 17331 Norwood Park Place, asked if the residents within 300 feet had been notified of this hearing and of the Pre-Zone 80-2 hearing on this same property. Mr. Brotamarkle, Community Development Director, responded that it was his understanding that the law did not require notifica- tion for the Pro-Zone but the owners would be notified when plans are submitted for development. Arnie Hamala, one of the applicants, said that it was his under- standing that notification has to be given in One of three ways: advertise in the paper, pasting, or notification of residents. He personally had contacted all of the residents. Mayor Saltarelli continued this item to later in the meeting in order for the City Attorney to research the proper noticing. IV. PUBLIC CONCERNS LETTERS OF COMMENDATION Kathy Weil, liaison for the Tustin Meadows Homeowners Association, read letters of commendation for Sue Adams, Secretary to the Chief of Police~ Martha Henson for her neighborhood watch program and Tom Heritage in Crime Prevention, and she presented them to Chief Thayer. Vo NEW BUSINESS 8. REQUEST FOR SIGN CODE EXCEPTION (B & F Shoes, 528 E. First St. ) Mr. Brotemarkle, Community Development Director, reported that staff had received an application from Ernest G. Rauda of B & F Shoes requesting authorization to display two front wall busi- ness identification signs at the firm' s Larwin Square store. Authorization for the City Council to grant this exception is provided in SectiOn lA{3) of Article VII of the Sign Code and a finding of hardship is not required for approval. Ernest G. Rauda, applicant, expressed that he wanted to be sure that in trade off for this additional sign, they would not be giving up signs that might be put on the glass such as Master Charge, VISA, or store hours~ Mr. Brotemarkle clarified that this type sign was not considered advertising when they are placed in the window area. It was moved by Edgar, seconded by Sharp, to authorize two front wall business identification signs at the B & F Shoe Store at 528 East First Street subjectto the following condition: "Authority to install a second front wall business I.D. sign is granted'in lieu of any window advertising signing. The appli- cant, by installation of the approved sign, waives rights to any window advertising signing. Carried 5:0. CITY COUNCIL MINUTES Page 8, 12,1-80 RECESS EXECUTIVE =~ " SESSION The Council recessed to Executive Session for discussion of person- nel matters at 8:23 p.m. MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 8:46 P.M. I. PUBLIC HEARINGS 2. GENERAL PLAN AMENDMENT 80-2(A) RESOLUTION:NO. 80--130 - A Resolution of the City Council of the City of.TuStin, APPROVING AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN RELATIVE TO THE PARCEL OF LAND SOUTHERLY OF MAIN STREET, BOUNDED BY"B" AND "C" STREETS The public hearing onthis item was"opened at 8:49 p.m. There being no co~ents or objections, the public hearing was closed and it was moved by Kennedy, seconded by Sharp, to adopt Resolution No. 80-130.=Carried 5:0. GEnERAL PLAN M 80-2(B) RESOLUTION NO. 80-131. A Resolution of the City Council of the CitY of TUStin-APPROVINGAMENDMENT T0 THE LAND USE ELEMENT OF THE GENERAL PLAN RELATIVE TO THE PARCEL OF LAND EASTERLY OF HOLT AVENUE, NORTHERLY OF PRESENT CITY BOUNDARY TO A POINT 292 FEET SOUTHERLY OF WARREN AVENUE It was determined by Attorney Rour~e ~h'at proper legal notice was:not .given When ,the public hearing forPre-Zone 80-2 was advertised forthePlanning Agency and it would ~be appropriate to readvertise the hearing and notify residents. It was moved by Kennedy, seconded by Edgar, to continue General Plan Amendment 80-2(B) to the next meeting. Carried 5:0. 3. ORDINANCE NO. 839 - An Ordinance of the City Council of the City of Tustin APPROVING THE PRE-ZONING OF CERTAIN PROPERTIES ON HOLT AVENUE/UPON APPLICATION OF ,PRE-ZONE 80-2 (E of Holt, N of pres- ent City limits to a point 292' S of Warren Avenue) It was moved by Kennedy, seconded by Edgar, toreadvertise the public -hearing~ fo~Pre-Zone 80-2 and send notices to all prop- erty owners as requiredby law. Carried 5:0. II. BUSINESS RESOLUTION NO. 80-136- A Resolution of the City Council of the City of Tustin, REITERATING URGENCY ,OF .SANTA ANA RIVER FLOOD PROTECTION PROJECT AND COMMUNITY SUPPORT FOR THE PROJECT It was:moved by Edgari. secondedbyKennedy, toadopt Resolution No. 80-136 ~as recommended!bytheCity Administrator. Carried 5:0. PROCLAMATION HONORING MORMON YOUTH GROUP Council concurred that :a proclamation commending the Mormon Youth Groupfor their contribution Of approximately 250hours work On City property be prepared for presentationat the December !5 meeting. CITY COUNCIL MINUTES Page 9, 12-1-80 SLIDE PRESENTATIONS Councilman Edgar suggested that slide presentations on the Santa Aria Transportation Corridor Alternatives and the Orange County Airport Upgrading would be beneficial for the Council to see. Council con- curred that staff should schedule one presentation for each of the next two meetings. FINANCIAL PICTURE OF TUSTIN WATER WORKS Councilman Edgar asked when a financial picture for the Tustin Water Works would be available for review. Dan Blankenship, City Administrator, responded that staff is in the process of trying to develop~a budget and probably by the next meet- ing we will have a fairly good picture of the October 31st data on close of business. TRAFFIC PROBLEM AT SIXTH AND EL CAMINO REAL Councilman Edgar asked if staff had investigated the traffic problem at E1 Camino Real and Sixth Street that was reported by the Saddle- back Florist Shop. BOb Ledendecker, City Engineer, reported that they have completed the study for a traffic signal and the location did not meet any of the requirements. COMMUNITY DEVELOPMENT DEPARTMENT REPORTS Councilwoman Kennedy asked that the COuncil respond to a letter dated November 24 from Stanley Gutsky where he points out (whether rightly or wrongly) that the Community Development Department some- time lobbies (with good intentions) in favor of one side or the other. Mayor Saltarelli said that he is in the process of completing a response to the letter. He feels Mr. Gutsky is misinformed about what the standards are. COMPLETION OF ANNEXATIONS Mayor Saltarelli reported that LAFCO approved our annexations on Wednesday and if we get approval from the Board of Supervisors on December 24, it may be necessary to have a staff member make a quick trip to Sacramento to get them recorded. Council concurred that this trip be authorized. III. ADJOURN- MENT It was moved b~ Kennedy, seconded b7 Sharp, to adjourn at 9:00 p.m. to a Workshop at 9:00 a.m. on December 13 at the Lunch Room of the Maintenance Building and thence to the next regular meeting on December 15, 1980.