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HomeMy WebLinkAboutCC MINUTES 1980 09 02 MINUTES OF A REGULAR MEETING TUSTINCITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way September 2, 1980 I. CALL TO ORDER The meeting was called to order by Mayor Pro Tem Edgar at 3:27 P.M. II. ~.~ROLL CALL Present: Councilpersons: Edgar, Hoesterey, Kennedy, Sharp Absent: Councilpersons: Saltarelli Others Present: James G. Rourke, City Attorney Dan Blankenship, City Administrator Mary E. Wynn, City Clerk Mike Brotemarkle, Community Development Director Bob Ledendecker, City Engineer Royleen White, Community Services Director Loni Hamblin, Acting Finance Director Gary Napper, Administrative Assistant Approximately 9 in the audience III. PRESENTATION Gene Shaw, Manager of the AAA Automobile Club of Southern California located in Santa Aria, presented Mayor Pro Tem Edgar on behalf of the Council a "Pedestrian Safety Citation" award for 4 years without a pedestrian fatality. IV. PUBLIC HEARINGS None V. RECESS It was moved b~Sharp, secondedby Kennedy, to recess to the Redevelopment Agency meeting at 3:31 p.m. Carried. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY September 2, 1980 The meeting was called to order by Chairman Pro Tem Edgar at 3:31 p.m. 2, PreSent: Members~ Edgar, Hoesterey, Kennedy, Sharp Absent~ Members: Saltarelli 3. APPROVAL OF MINUTES of the August 18, 1980 meeting. It was moved by Sharp, seconded by Kennedy, to approve the minutes of the August 18, 1980 meeting, Carried 4-0, Saltarelli absent. 4~ RESOLUTION NO. RDA 80-5 A Resolution Of the Tustin Community Redevelopment Agency, Tustin, California, ADOPTING A CONFLICT OF INTEREST CODE Mayor Pro Tem Edgar explained that this matter was continued from the last meeting to clarify through Attorney Rourke if one set of Conflict Of Interest Code forms would be sufficient for the City Council, Planning Agency and the Redevelopment Agency~ Attorney Rourke explained that duplicates of the same forms could be used for each governing bodyby so designating one copy for the City Council, one for Planning Agency and one for Redevelopment Agency. It was moved by Sharp, seconded by Kennedy, that Resolution No. RDA 80-5 be passed and adopted, Carried 4~0, Saltarelli absent. 5. It was moved by Sharp, secondedby Hoesterey, to adjourn to the City Council meeting at 3:35 P.M. Carried. HAIRMAN PRO TEM COUNCIL MINUTES Page 2, 9-2-80 MINUTES OF TUSTIN CITY COUNCIL RECONVENED AT 3:35 P.M. I. PUBLIC CONCERNS None II. CONSENT CALENDAR 1. APPROVAL OF MINUTES T August 18, 1980 meeting. 2. APPROVAL OF DEMANDS in the amount of $213,949.20. RATIFICATION OF PAYROLL in the amount of $76,881.36. 3. DENIAL OF CLAIM NO. 80-18, GREGORY BECKER, D/L: 6/3/80 Approve denial of Claim No. 80-18, Gregory Becker, as recommended by the City Attorney. 4. RESOLUTION NO. 80-91 A Resolution of the City Council of the City of Tustin, INITIATING ANNEXATION PROCEEDINGS AND SCHEDULING A HEARING FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS "TENTATIVE TRACT MAP 11050" TO THE CITY OF TUSTIN Adoption of Resolution No. 80-91, scheduling a public hearing for the proposed annexation at 7:30 P.M. on October 6, 1980 as recommended by the Community Development Consultant. 5. RESOLUTION NO. 80-92 A Resolution of Intention to APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TUSTIN Adoption of PERS Resolution of Intent No. 80-92 which will initiate the process ~o implement the 1959 Survivors Benefit for Safety Employees by January 1, 1981 as agreed upon in negotiations and recommended by Acting Finance Director. It was moved by Kennedy, seconded by Hoesterey, that the Consent Calendar be approved as submitted. Carried 4~0, Saltarelli absent. III. ORDINANCES FOR INTRO- DUCTION 1. ORDINANCE NO. 833 An Ordinance of the City Council of the City of Tustin, Californial AMENDING PART 4 OF CHAPTER 4 OF ARTICLE 3 OF THE TUSTIN CITY CODE PERTAINING TO ICE CREAM VENDORS Councilman Sharp asked if we should not include all children under age 18 instead of jus~ including children under age 14 on Page 2, Line 25r of the Ordinance. It was decided to introduce the Ordinance a~ this time and then discuss this change with the Police Chief upon his arrival aE the meeting. ~t was moved by Kennedy, seconded by Hoestere~, that Ordinance No. 833 have firs~ reading by title only. Carried 4-0, Saltarelli absent. Following the reading of the title of Ordinance No. 833 by Mary E. Wynn, City Clerk, it was moved by Kennedy, seconded by Hoesterey, that Ordinance __ No. 833 be introduced. Carried 4~0, Saltarelli absent. Chief Thayer arrived at the meeting after the motion was passed and he explained that Section 290 of the Penal Code requires the registering of people under certain sex crimes upon conviction. Child molesting under the age of 14 is a felony and child annoying over the age of 14 is a misdemeanor. He was agreeable to raising the age ~o 18 or using the word "minor" instead of "children'l~ It was moved by Sharp, seconded by HoestereV, to amend Ordinance No. 833 no read, 'Ia minor or ~inors are the primary or common victim of such crimes" instead of "children under the age of 14 are the primary or cormnon victim of such crimes", on Page 2, Line 25 of the Ordinance. Carried 4-0, Saltarelli absent. COUNCIL MINUTES Page 3, 9~2~80 II. CONSENT CALENDAR 5. RESOLUTION NO. 80-92 (con't.) Mayor Pro Tem Edgar said that he had the legal obligation to read a state- ment regarding this resolution and he failed to do so when the Consent Calendar was passed. He read the statement as follows: The PERS rate for the City of Tustin without this optional benefit is 11.992% of payroll. The new rate is 12.492% of payroll. Thus the change in cost of the optional benefit is 0.500%. Based on the payroll data for safety employees for the period ending 8/10/80, the estimated cost over the next 12 months will be $5,187.26. This percentage in- crease will apply to all member payrolls covered by these benefits until the year 2000. It was moved by Kennedy, seconded by Hoesterey, to adopt Resolution of Intent No. 80-92. Carried 4-0, Saltarelli absent. IV. OLD BUSINESS 1. ORANGE COUNTY TRANSIT DISTRICT (OCTD) BUS STOP/LAYOVER ZONES - CENTENNIAL WAY Bob Ledendecker, City Engineer, distributed a report from the OCTD. He asked that the bus routes on Page 3, Paragraph 4, of the staff report be changed to 62, 143, 66 and 144. He explained that the proposed plan will not remove all buses but would eliminate all layover zones and reduce the bus traffic by 50% to 60% on Centennial Way. He explained that this matter was continued from the last Council meeting and that Mr. Robert Nicholas, the concerned resident, and Stephen A. B3ornson, from OCTD, were in the audience and could speak on the matter. Stephen A. Bjornson, OCTD, explained that to reroute the buses there would be an additional cost of $38,600 per year. If additional buses are required, add approximately $90,000 per bus. He stated that the OCTD does not desire to relocate its facilities. By relocating the facilities, we cut down on the possibility of future expansion into the Tustin area, offering more ser- vices Eo the City of Tustin. He said we would be sacrificing 5 ~o 700 people for the benefit of one. Robert Nicholas, 190 Centennial Way, gave the Council a copy of his report and read the entire report. He recormnended removing the bus stop, the red zone, and all ~urn around and/or lay over buses from Centennial Way on a permanent basis. Councilman Sharp expressed that he needed more time to read all the material on this matter and he would like to know who the lead agency is in this matter. He did not want to make a decision based on one citizen's complaint and then later have to reverse the decision because of complaints from many other citizens as was the case in the matter of removing the "No Right Turn on Red" a~ Bryan and Redhill Avenues. The City Engineer suggested that he would arrange a meeting with the repre- sentative from OCTD and Mr. Nicholas and hopefully they could work out a Solution. It was moved by Hoesterey, secOndedby Sharp, no continue this matter to the next meeting. Carried4~0~ Saltarelli absent. v. NEW ~'~BUSINESS 1. WORD PROCESSING EQUIPMENT RECOMMENDATION Dan Blankenship, City Administrator, said that the report contained the key ~nformation and the recommendations are to approve the purchase of seven MICOM units at a cost of $121,122.00 and a supplemental appropriation of $67,544 or authorize a lease purchase plan of financing so as to supplement Qr stretch the $53,578 budgeted in this year's budget. Councilman Hoesterey questioned the need for seven machines instead of the four that were budgeted. He suggested that four machines ~ould be shared ~nd be in constant use whereas seven machines would p~babiy not have maximum usage. Councilwoman Kenned~ sa~d t~at she was-in favor of purchasing the machines but S~e aske~ s~aff to 5e sure t~a~ we ~ave a strong maintenance contract so that if we do not get the 4 hour response promised, we would receive financial or some sort of reimbursement. COUNCIL MINUTES Page 4, 9-2-80 Mike Brotemarkle, Community Development Director, and Police Chief Thayer explained that 7 units can be utilized now and fully maximized within the next three years and the cost savings of buying the 7 units now is approxi- mately $24,000. Council did not want this purchase to just generate more paper work and suggested that perhaps someone should be designated to coordinate the effort so as to not duplicate forms or files. It was moved by Kennedy, seconded by Hoesterey, to approve the purchase of seven Micom Word Processing units a~ the cost of $121,122.00 with the most cost effective financing scheme. Carried 4-0, Saltarelli absent. 2. EXTENSION OF PLANNING CONSULTANT CONTRACT It was moved by Edgar, seconded by Kennedy, to approve a one year extension of the existing contract with the modification in the pay from S16.00 per hour ~o $18.00 per hour and to include an appropriation of this amount. Due to the fact that Dr. Flea~le had agreed to the same terms and conditions as the existing contract, Councilman Hoesterey made a substitute motion to approve a one-year extension of the existing contract under the same terms and conditions. There was no second. Original motion carried 3-1, Hoesterey opposed and Saltarelli absent. Councilman Hoesterey emphasized that he had nothing against Dr. Fleagle or his work but because the contrac~ extension had been negotiated, he was op- posed ~o raising the amount. 3. ACTING APPOINTMENT - JUDI ORMSBY It was moved by Kennedy, seconded by Edgar, that Judi Ormsby be appointed as an Acting Recreation Supervisor, with a 10% increase in salary, until such time as the Community Services Department reorganization is complete and full staffing levels reached and that such change be effective 5-19-80. Carried 4-0, Saltarelli absent. 4. AGENDA PREPARATION It was moved by Kennedy, seconded by Hoesterey, to approve extending the schedule for preparation of Council books from Tuesday evening to Wednesday evening, the week prior no the Council meetings. Carried 4-0, Saltarelli absent. 5. PURCHASE OF FOLDING MACHINE It was moved by Kennedy, seconded by Sharp, to approve the purchase of the Pitney Bowes Foldamax folding machine and ~o authorize a supplemental ap- propriation in the amount of $1.575.00. Carried 4-0, Saltarelli absent. VI. OTHER BUSINESS 1. PROPERTY TAX ALLOCATION FOR ANNEXATIONS Dan Blankenship, City Administrator, explained that the County and Cities negotiating teams have reached agreement on a formula to resolve the present annexation impasse caused by the unresolved property tax allocation problem and he recommended that the Council approve the agreement in concept and to encourage the Boardl Orange County Division of the League of Citiesl and other Orange County cities ~o approve and support it. Et was moved by Kennedy, seconded by Hoesterey, to approve the proposed agreement in concept and to encourage the Board, Orange County Division of the League of Cities, and other Orange County cities to approve and support it. Carried 4~0, Saltarelli absent. 2. ANNEXATIONS The City Administrator reported that the Browning, Mitchell Annexation No. 107 would be before the Board of Supervisors at 9:30 a.m. on Sept. 3 and Dr. Fleagle has indicated that we have strong support for the annexation to be approved. COUNCIL MINUTES Page 5, 9-2-80 On Sept. 15, there is the probability of a petition being before the Council requesting annexation in the Irvine and Dean area. It was moved by Edgar, seconded by Kennedy, to direct staff to implement with deliberate haste the action needed to attempt annexation of Annexations 104, 105, 109 and 111 before January 1, 1981 when the MORGA Act expires. Motion carried 4-0, Saltarelli absent. 3. REQUEST TO FILL PERSONNEL VACANCIES IN PUBLIC WORKS DEPARTMENT Dan Blankenship, City Administrator, said that the ~ouncil had been furnished the report requesting authorization to fill the vacancies in the Public Works , Department of an Assistant Civil Engineer and Secretary I. It was moved by Kennedy, seconded by Edgar, to authorize filling the Assistant Civil Engineer position and the Secretary I position in the Public Works Department~ Carried 4-0, Sattarelli absent. 4. LEAGUE MEETING The City Administrator reminded the Council of the League of Cities meeting on Thursday night, Sept. 4, and Councilmen Edgar and Hoesterey said they would be attending. 5. LEGISLATIVE MATTERS Dan Blankenship, City Administrator, reported that staff had sent a telegram requesting the Governor to sign SB 512 which is the bill creating a separate transportation district for Orange County so that hopefully we will receive a fairer allocation of highway funding. We are opposing, as is the League of Cities, AN 2674 which gives retirement benefit increases out of so called reserve funds of the PERS system. ~e are supporting SB 1972 which helps the Redevelopment Agencies not be tied to Proposition 4 of last year because its funding is not that flexible. ~e are opposing SB 1960 which provides that the State is going to mandate the control of mobile homes in cities without local control, and we have asked the Governor to veto it. 6. FIRE ORDINANCE Mayor Pro Tem Edgar asked when the Fire Ordinance would be ready. Attorney Rourke responded that it should be ready for the next meeting. 7~ SIGNING AT CITY HALL Councilm~n Hoesterey reported that it had been brought to his attention that there is no identification marking on the door into City Hall. He asked that staff look into signing which would give directions to the different buildings in the Civic Center complex. 8~ DOUBLE WALLS FOR FIRE PROTECTION Mayor Pro Tem Edgar said that he had been invited by an acquaintance to review a condition in the Industrial Complex~ Aaron's Staircase, 2822 Walnut Ave., had leased an i~dustrial condominium and had been required by the City to put in double walls for fire protection. This reduced the space of the relatively small condo to about one half. He asked if there was some way walls could be treated to retard fire instead of requiring two walls. Dan Blankenship responded that staff would look into the matter. 9. MODIFICATION OF ISLAND AT SYCAMORE STREET Mayor Pro Tem Edgar asked the staff for a report on the possible removal of the Junipers at the Sycamore island in order to conserve on costs of main- taining the island. This was done successfully on the Oxford Street island. COUNCIL MINUTES Page 6, 9-2-80 10. COUNCILMAN EDGAR'S THOUGHTS ON CAPITAL IMPROVEMENTS Mayor Pro Tem Edgar reported that he had distributed a report on his own personal thoughts as to where we are today in terms of capital improvements and he asked that staff and council read this and at a future time it could be discussed. VII. ADJOURNMENT It was moved by Hoesterey, seconded by Kennedy, to adjourn at 5:56 P.M. to the next regular meeting on Monday, September 15, 1980. Carried.