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HomeMy WebLinkAboutCC MINUTES 1980 05 05 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way May 5, 1980 I. CALL TO ORDER The meeting was called to order by Mayor Saltarelli at 4:17 p.m. II. ROLL CALL Present: Councilpersons: Saltarelli, Edgar, Sharp, Hoesterey Absent: Councilpersons: Kennedy Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Mary E. Wynn, City Clerk Mike Brotemarkle, Community Development Director Bob Ledendecker, City Engineer Roy Gonzales, Acting Personnel Director Gary Napper, Administrative Assistant Karen Eeardsley, Deputy City Clerk III. RECESS It was moved by Sharp, seconded by Edgar, to recess to the Redevelopment Agency Meeting. l Carried 4-0, Kennedy absent. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY May 5, 1980 1. The meeting was called to order by Chairman Saltarelli at 4:19 p.m. 2. Present: Members: Saltarelli, Edgar, Sharp, Hoesterey Absent: Members: Kennedy 3. APPROVAL OF MINUTES of April 21, 1980 meeting. It was moved by Sharp, seconded by Edgar, to approve the minutes of the April 21, 1980 meeting. Carried 4-0, Kennedy absent. 4. APPROVAL OF DEMANDS in the amount of $203,216.53. It was moved by Sharp, seconded by Edgar to approve demands in the amount of $203,216.53. Carried 4-0, Kennedy absent. 5. DOWNTOWN PARKING STUDY Councilman Edgar expressed concern that time is of the essence in meuking a decision on finding a location and hiring an appraiser for the downtown parking area. If Redevelopment Agency funds will be used for this project, it should be done s~on. Mike Brotemarkle, Community Development Director, said the Downtown,Task Force has found a piece of property which could be considered for this project (four lots on the northwest corner of Prospect and Second Streets). In answer to Mayor Saltarelli's question as to when a report would be done, Dan Blankenship, City Adminsitrator, said such a report should be ready for Council at the next regular meeting on May 19, 1980. Blankenship feels that the property under consideration~is fairly far north and that the city should be attempting to find a parcel which would offer better future development of the downtown area. Ideally, parking should be near 3rd and Main Streets. Council concurred that it would be best to wait until the May 19, 1980 meeting to further discuss this project. 6. It was moved by Hoesterey, seconded by Edgar to adjourn at 4:28 p.m. to the City Council meeting. Carried 4-0, Kennedy ~bsent. ' { SECtTAR/ COUNCIL MINUTES Page 2, 5/5/80 MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 4:28 P.M. May 5, 1980 I. PUBLIC CONCERNS None. II. CONSENT CALENDAR 1. APPROVAL OF MINUTES - April 15, 1980 and April 21, 1980 2. APPROVAL OF DEMANDS in the amount of $1,076,039.15 RATIFICATION OF PAYROLL in the amount of $72,035.98 3. RESOLUTION NO. 80-40 A Resolution of the City Council, City of Tustin, California, REQUESTING THE RECOMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS "BROWNING-MITCHELL-REDHILL ANNEXATION NO. 107" to the City of Tustin. Adoption of Resolution No. 80-40, as recommended by Community Development Consultant, R. K. Fleagle; and authorize Finance Director to issue a check in the amount of $500.00 for necessary filing. 4. RESOLUTION NO. 80-41 A Resolution of the City Council of the City of Tustin, California, COMMENDING AND EXPRESSING APPRECIATION TO COUNCILMAN STEPHEN L. SCHUSTER RESOLUTION NO. 80-42 A Resolution of the City Council of the City of Tustin, California, COMMENDING AND EXPRESSING APPRECIATION TO COUNCILMAN RALPH WELSH, JR. Adoption of Resolutions 80-41 and 80-42, as requested by City Council. 5. RESOLUTION NO. 80-43 A Resolution of the City Council of the City of Tustin, California, APPROVING THE TRAFFIC SIGNAL MAINTENANCE AGREEMENT AND DIRECTING THE CITY CLERK TOADVERTISE FOR BIDS Adoption of Resolution No. 80-43, as recommended by the City Engineer. 6. RESOLUTION NO. 80-44 A ReSOLUTION of The City Council of the City of Tustin, California, COMMENDING CHIEF LARRY J. HOLMS FOR HIS APPOINTMENT AS FIRE CHIEF OF THE ORANGE COUNTY FIRE DEPARTMENT Adoption of Resolution No. 80-44, as requested by the City Council. 7. CLAIM NO. S&C 80-7 SOUTHERN PACIFIC TRANSPORTATION CO., ET AL. V. BOARD OF EQUALIZATION OF THE STATE OF CALIFORNIA, CITY OF TUSTIN, ET AL., SACRAMENTO SUPERIOR COURT CASE NO. 282416 Authorize County Counsel of the County of Orange to defend the City of Tustin in the above-referenced action, as recommended by the City Attorney. 8. CITY OF TUSTIN V. FREMONT INDEMNITY COMPANY, ET AL. Authorize the City Administrator to execute appropriate r~lease agreements and authorize the City Attorne~ to execute a Request for Dismissal as to the Mutual Fire, Marine and Inland Insurance Co. and Shand, Morahan and Co., Inc., as recommended by the City Attorney. 9. APPROVAL OF LEAA CRIMINAL JUSTICE COUNCIL CONTRACT Authorize Mayor and City Clerk to execute the Criminal Justice Council contract, as recommended by the City Administrator. COUNCIL MINUTES Page 3,5/5/80 10. VEHICLE REPLACEMENT/BID REQUEST Authorize staff to seek bids for replacement vehicle for Police Department, as requested by the Police Chief. Councilman Edgar asked that Item No. 3 and Item No. 7 be removed from the Consent Calendar. It was moved by Sharp, seconded by Edgar that the Consent Calendar be approved except for Item No. 3 and ~tem No. 7. Carried 4-0, Kennedy aSsent. ITEM NO. 3 - RESOLUTION NO. 80-40 - To recommence proceedings for the Annexation of "Browning-Mitchell-Redhill Annexation No. 107" to the City of Tustin. Mayor Saltarelli asked if Annexation No. 107 was turned down 'without prejudice'. Dan Blankenship, City Administrator, said it was. As to whether it was recorded as such, he would check with the County. It was moved by Saltarelli, seconded by Edgar to adopt Res. No. 80-40, subject to staff looking into 'denial without prejudice' question, in the event that would allow a more expeditious procedure to follow. Carried 4-0, Kennedy aSsent. ITEM NO. 7 - CLAIM NO. S&C 80-7: Southern Pacific Transportation Co., et al., v. Board of Equalization of the State of California, City of Tustin, et al., Sacramento Superior Court Case No. 282416 Councilman Edgar requested an explanation. City Attorney Rourke explained that the County of Orange is obliged to defend the City of Tustin, and that is the best road to take in this case. This is one of a series of cases which resulted from interpretations of Proposition 13. It was moved by Edgar, seconded by Hoesterey to authorize the County Counsel of the County of Orange to defend the City of Tustin in the aSove-referenced action, as recommended by the City Attorney. Carried 4-0, Kennedy absent. III. ORDINANCE FOR INTRODUCTION 1. ORDINANCE NO. 827 An Ordinance of the City Council of the City of Tustin, California, ADOPTING A UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICER THEREFORE AND DEFINING THEIR POWERS AND DUTIES, AND ADOPTING THE 1979 UNIFORM FIRE CODE. Attorney Rourke explained thatthe Uniform Fire Code (U.F.C.) prohibits the sale and use of fireworks. Councilman Edgar asked to have a copy of that portion of the U.F.C. which addresses the prohibition of fireworks. Dan Blankenship, City Administrator, stated that, in the past, the City of Tustin has traditionally adopted an amendment to the U.F.C. to permit 'safe and sane' fireworks. As a result of the April 8, 1980 election, however, we are omitting this amendment. The U.F.C. does permit a city-regulated display of fireworks by licensed pyrotechnic technicians. It was moved by Edgar, seconded by Hoesterey to have first reading of Ordinance No. 827 by title only. Carried 4-0, Kennedy aSsent. · Following the reading of the title of Ordinance No. 827 by Mary E. Wynn, ti~y Clerk, it was moved by Edgar, seconded by Salta~elli that Ord. No. 827 be introduced. Carried 4-0, Kennedy absent. IV. ORDINANCE FOR ADOPTION None. COUNCIL MINUTES Page 4, 5/5/80 V. OLD BUSINESS None. VI NEW BUSINESS 1. DENIAL OF LICENSE TO SELL CONCEALABLE FIREARMS, TO APPLICANT DENNIS LEE BARBER The City Clerk received a letter from D. L. Barber, requesting apost- ponement of his appeal to the May 19, 1980 Council meeting. It was moved by Saltarelli, seconded by Edgar to postpone, as requested; however, the City Clerk is to send Mr. Barber a letter informing him that this appeal would not be continued a third time. Carried 4-0, Kennedy absent. 2. REQUEST TO FILL VACANCIES IN THE POLICE DEPARTMENT It was moved by Edgar, seconded by Sharp to authorize the Police Department to fill vacancies of 1 Police Officer and 1 Records Clerk. Carried 4-0, Kennedy absent. 3. URBANSKI/YAMACHIKA SIGN CODE EXCEPTION - 14213 Red Hill Avenue It was moved by Edgar, seconded by Sharp to approve the proposed sign plan and exception to the Sign Code Ordinance No. 684, as recommended by staff. Carried 4-0, Kennedy absent. 4. FIRE SERVICE FOR THE CITY OF TUSTIN Mayor Saltarelli stated that Council had received the Fire Service report from the Police Department and City Adminsitrator. Council concurred that, due to interest expressed by the public, this subject should be continued to the 7:30 p.m. meeting. 5. REQUEST FOR TREE REMOVAL - 17501 Linda Lane, Betty Howard It was moved by Edgar, seconded by Hoesterey to authorize the Maintenance Department to remove the two parkway trees and replace with one tree, and to repair the concrete work, at city expense. Carried 4-0, Kennedy absent. 6. SCHOOL CROSSING AT INTERSECTION OF IRVINE BOULEVARD AND "B" STREET It was moved by Edgar, seconded by Hoesterey, to authorize installation of two school crossing signs on median islands, two legend-type school crossing signs in more visible locations, cross-stripe existing crosswalk, remove two existing signs, and remove additional parking on northside of Irvine Boulevard easterly of "B" Street between existing red zone and first driveway easterly of "B" Street. Carried 4-0, Kennedy absent. VII. OTHER BUSINESS RECOMMENDATION OF RICHARD EDGAR TO SERVE ON AIRPORT LAND USE COMMISSION It was moved by Sharp, seconded by Hoesterey, to authorize staff to pre- pare a letter of recommendation to all Mayors of Orange Councy cities, signed by Mayor Saltarelli, endorsing selection of Councilman Edgar to serve on the Airport Land Use Commission. Carried 4-0, Kennedy absent. VIII. ADJOURNMENT It was moved by Hoesterey, seconded by Edgar to adjourn at 4:52 p.m. to Executive Session for personnel matters, thence to the 7:30 p.m. meeting. Carried 4-0, Kennedy absent. COUNCIL MINUTES Page 5, 5/5/80 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL May 5, 1980 7:55 P.M. I. CALL TO ORDER Following the Planning Agency meeting, the City Council was called to order at 7:55 p.m. by Mayor Saltarelli. II. ROLL CALL Present: Councilpersons: Saltarelli, Edgar, Sharp, Hoesterey Absent: Councilpersons: Kennedy Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Mary E. Wynn, City Clerk Mike Brotemarkle, Community Development Director Bob Ledendecker, City Engineer R. K. Fleagle, Community Development Consultant C. R. Thayer, Chief of Police Roy Gonzales, Acting Personnel Director Karen Beardsley, Deputy City Clerk III. PUBLIC HEARING 1. REVISED ANIMAL CONTROL ORDINANCE NO. 826 An Ordinance of the City Council of the City of Tustin, California REGULATING THE LICENSING AND ACCUMULATING OF ANIMALS WITHIN THE CITY OF TUSTIN The Public Hearing was opened at 7:58 p.m. There being no comments or objections, the Public Hearing was closed by Mayor Saltarelli. It was moved by Edgar, seconded by Saltarelli, to have first reading of Ordinance No. 826 by title only. Carried 4-0, Kennedy absent. Following the reading of the title of Ordinance No. 826 by Mary E. Wynn, City Clerk, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 826 be introduced. Carried 4-0, Kennedy absent. IV. PUBLIC CONCERNS None. V. NEW BUSINESS FIRE SERVICE FOR TUSTIN Bob Hennessey, 180 So. Water Street, Orange, Assistant Manager of Support for Orange County Fire Department, spoke encouraging the City Council to consider the favorable aspects of renewing the contract with the County Fire Department. Alan Junor, 13461 Epping Way, expressed concern that the public be made aware of any public discussions or workshops regarding this issue via the newspaper or other advertising. john Garner, 17912 Newport Avenue, was concerned about the level of service, changes in insurance costs, and police opinion, if Tustin would choose the · Public S~fety concept. It was moved by Sharp, seconded by Edgar, to receive and file the Fire Service Report, and advertise any public workshops or hearings after a careful study has been made. The Report will next be agendized on June 2, 1980. Carried 4-0, Kennedy absent~ VII. OTHER BUSINESS COMMUNITY CALENDAR Councilman Edgar recommended that City Hall would be a good place for a Community Calendar to be used by people who wish to post notification of events in the city. He requested that a simple study be made to determine the feasibility of such a calendar. Council concurred. COUNCIL MINUTES Page 6, 5/5/80 PROPOSED BILL: HR-6466 Bill No. HR-6466, before the House of Representatives, removes the necessity of yearly mandatory vehicle inspections. A clause in the Clean Air Act states that vehicle owners will be required to have their vehicles periodically inspected. One repre- sentative, believing this is a rip-off, initiated Bill HR-6466. It was moved by Edgar, seconded by Hoesterey that a letter be sent to Congressmen supporting Bill HR-6466. Carried 4-0, Kennedy absent. SIGN ('!NO RIGHT TURN ON RED") AT RED HILL AND BRYAN AVENUES Councilman Edgar requested a study on the possibility that there is no longer a need for the "No Right Turn on Red" sign at the intersection of Red Hill and Bryan. Council concurred. MYFORD ROAD AND WEIR CANYON ROAD EXTENSION Councilman Edgar inquired as to the timetable in terms of Myford Road and Weir Canyon Road extension. Bob Ledendecker, City Engineer, responded that this is not on the County master plan, but he will contact the County to find out what the time schedule is for this project. CULTURAL ARTS COMMITTEE REPRESENTATIVE Mayor Saltarelli asked if Council wished to appoint a new representative to~t~e Cultural Arts Committee, since Ralph Welsh, who had served on the Committee, is no longer a member of the City Council. Mrs. Edgar, a member of the Cultural Arts Committee, recommended that Council wait to appoint a representative to this C6mmittee because it is in the process of reorganization. Mayor Saltarelli will look into this. PROPOSITION 1 - BOND ISSUE FOR AID OF PARK DEVELOPMENT Don Biery, recently resigned Park & Recreation Director, recommended that Council support Proposition 1 - Bond Issue for Aid of Park Develop- ment. No action was taken. HOLTHE DISPOSAL SERVICE Councilman Hoesterey said he received a letter from a resident regarding the cost of extra trash pick-up service by Holthe. This service was considerably more expensive than that offered by a competitive disposal company. Hoesterey believes this higher cost is a disincentive to residents who are doing yard work. City Administrator, Dan Blankenship said Holthe holds an exclusive franchise on this service. VII. ADJOURNMENT It was moved by Edgar, seconded by Hoesterey to adjourn at 8:48 p.m. to the next regular meeting on May 19, 1980. Carried 4-0, Kennedy absent. /~ CITY ~LERK