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HomeMy WebLinkAboutCC MINUTES 1979 12 17 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way December 17, 1979 I. CALL TO ORDER The meeting was called to order by Mayor Pro Tem Saltarelli at 5:00 P.M. II. ROLL CALL Present: Councilpersons: Saltarelli, Sharp, Kennedy, Welsh Absent: Councilpersons: Schuster Others Present: Dan Blankenship, City Administrator Jalres G. Rourke, City Attorney Mike Brotemarkle, Connnunity Development Director Ruth C. Poe, City Clerk Mary E. Wynn, Chief Deputy City Clerk Bob Ledendecker, City Engineer Ed Bushong, Finance Director Mike Taft, Personnel Director R. Kenneth Fleagle, Consultant Approximately 6 in the audience III. RECESS It was moved by Sharp, seconded by Kenned~ to recess to the Redevelopment Agency meeting at 5:01 P.M. Carried 4-0, Schuster absent. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY December 17, 1979 1. The meeting was called to order by Chairman Saltarelli at 5:01 P.M. ~.~ 2. Present: Members: Saltarelli, Sharp, Kennedy, Welsh Absent: Members: None 3. APPROVAL OF MINUTES of December 3, 1979 meeting. It was moved by Sharp, seconded by Kennedy, that the minutes of the December 3, 1979 meeting be approved. Carried 4-0. 4. STATE COMPLIANCE AUDIT Dan Blankenship, City Administrator, reported that the State Controller's office had issued guidelines for compliance audits of California Redevelopment Agencies and the first report for the year ending June 30, 1979 was due by March 1, 1980. Since Hanson, Myers & Kile Accountancy Corp. performed the audit for that period, he recommended that they be contracte~ to prepare the Audit Report. It was moved by Saltarelli, seconded by Welsh, to authorize staff to execute an agreement with Hanson, Myers, & Kile Accountancy Corp. for $1,380 for preparation of the Redevelopment Agency State Compliance Audit Report. Carried 4-0. 5. It was moved by Sharp, seconded by Kennedy, to adjourn at 5:03 P.M. to the next regular meeting on January 7, 1980. Carried 4-0. COUNCIL MINUTES Page 2, 12-17~79 MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 5:03 P.M. December 17, 1979 I. CONSENT CALENDAR 1. APPROVAL OF MINUTES - December 3, 1979. 2. APPROVAL OF DEMANDS in the amount of $68,780.70. RATIFICATION OF PAYROLL in the amount of $75,074.38. 3. RESOLUTION NO. 79-92 A Resolution of the City of Tustin, California, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 8, 1980. Adoption of Resolution No. 79-92 as recommended by City Clerk. 4. RESOLUTION NO. 79-93 A Resolution of the City Council of the City of Tustin, California, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 8TH OF APRIL, 1980, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF TEE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY OF CERTAIN QUESTIONS, PROPOSITIONS, OR MEASURES RELATING TO THE PROHIBITION OF THE SALE AND USE OF FIREWORKS AND RELATING TO THE REAPPORTIONMENT OF SALES TAX AND USE TAX. Adoption of Resolution No. 79-93 as recommended by City Clerk. 5. RESOLUTION NO. 79-94 A Resolution of the City Council of the City of Tustin, California, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO SAID CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 8, 1980. Adoption of Resolution No. 79-94 asrecommended by City Clerk. 6. RESOLUTION NO. 79-95 A Resolution of the City Council of the City' of Tustin, California, AUTHORIZING CERTAIN OF ITS MEMEERE TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE PERTAINING TO FIREWORKS Adoption of Resolution No. 79-95 as recommended by City Clerk. 7. RESOLUTION NO. 79-96 A Resolution of~the City Council of the City of Tustin, California, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT RE- GARDING A CITY MEASURE PERTAINING TO THE REAPPORTIONMENT OF SALES AND USE TAXES Adoption of Resolution No. 79-96 as recommended by City Clerk. 8. CONTRACTUAL ELECTION SERVICES Authorize contracting with Ruth C. Poe for such services at $10 per hour but not to exceed 100 hours for the April, 1980 election, as recommended by the City Administrator. 9. RESOLUTION NO. 79-101 A Resolution of the City Council of the City of Tustin APPROVING FINAL PARCEL MAP 79-1033 (240 Pasadena Ave.) Adoption of Resolution No. 79-101 as recommended by Community Development Department. 10. RESOLUTION NO. 79-98 A Resolution of the Council of the City of Tustin, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF VALENCIA AVENUE FROM RED HILL AVENUE TO THE NEWPORT FREEWAY. Adoption of Resolution No. 79-98 as recommended by City Engineer. COUNCIL MINUTES Page 3~ 12-17~79 11. RESOLUTION NO. 79-99 A Resolution of the City Council of the City of Tustin, RECOMMENDING APPROVAL OF FINAL TRACT MAP NO. 10762 (640-690 W, Main St.) Adoption of Resolution No. 79-99 as recommended by Community DevelOpment Department. 12. RELEASE OF WARRANTY BOND - TRACT NO. 6732 (N of 17th St. and E of the Costa Mesa Freeway) ,-~ Authorize the release of Warranty Bond No. 5018465 pertaining to Tract No. 6732 as recommended by City Engineer. 13. SALE OF SIXTH STREET PROPERTY Authorize the Mayor to execute the deed in behalf of the City, which quitclaims the City's rights for the irrigation easement to the Foster Art Service, the purchasers of said property as recommended by the City Engineer. Items 6 and 7 were removed from the calendar for further discussion. It was moved by Kennedy, seconded by Sharp, to approve the Consent Calendar as submitted with the exception of Items 6 and 7. Carried 4-0, Schuster absent~ 6. RESOLUTION NO. 79-95 A Resolution Of the City Council of the City of Tustin, California, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE PERTAINING TO FIREWORKS It was moved b~ Kennedy, seconded b~ Sharp, that the City Council not give any written arguments regarding ban Of use and sale of fireworks. Carried 4-0, Schuster absent~ Resolution No. 79-95 was not passed. 7. RESOLUTION NO. 79-96 A Resolution of the City Council of the City of Tustin, California, AUTHORIZING CERTAIN OF ITS MEMBERS T0 FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE PERTAINING TO THE REAPPORTIONMENT OF SALES AND USE TAXES Council agreed that the City Administrator should prepare a draft argument regarding reapportionment of sales and use taxes for the Council's comments. It was moved by Kennedy, seconded by Sharp',to adopt Resolution No. 79-96 with the City Council members authorized to give the argument in favor of reapportionment of sales and use taxes. Carried 4-0, Schuster absent. II. ORDINANCES FOR INTRO- DUCTION 1. ORDINANCE NO. 818 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE BY ADDING PART 2, CHAPTER 4, OF ARTICLE 6 TO THE TUSTIN CITY CODE PERTAINING TO THE ADVERTISING, DISPLAY AND SALE TO MINORS OF PARAPHERNALIA COMMONLY ASSOCIATED WITH THE USE OF NARCOTICS It was moved by Kennedy~ seconded by Welsh, that Ordinance No. 818 have first reading by title only. Carried 4-0, Schuster absent. Following the reading of the title of Ordinance No. 818 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Welsh, seconded by Kennedy, that Ordinance No. 818 be introduced. Carried 4-0, Schuster absent. III. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 817 An Ordinance of the City of Tustin REZONING PROPERTY ON APPLICATION Z.C. 79-3 AT THE SOUTHEASTERLY CORNER OF IRVINE AND HOLT (From C-1 Retail CoImnercial to the Planned Community Commercial District) COUNCIL MINUTES Page 4, 12~17-79 It was moved by Welsh, seconded by Sharp, that Ordinance No. 817 have second reading by title only. Carried 4-0, Schuster absent. Following the reading of the title of O~dinance NO. 817 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Welsh, seconded by Sharp, that Ordinance No. 817 be passed and adopted. ROLL CALL VOTE: AYES: Saltarelli, Sharp, Kennedy, Welsh ~ NOES: None ABSENT: Schuster IV. OLD BUSINESS 1. CENTENNIAL PARK FENCING AND IRRIGATION SYSTEM Councilman Saltarelli reported that the Association had communicated with him and felt that there should be a lot more study done before we spend the money involved to install the fences and sprinkler system that would sprinkler the lawn ten minutes out of every hour. It was moved by Welsh, seconded by Saltarelli, to continue this until the study can take place on the feasibility of the proposals. Councilwoman Kennedy requested that Mr. Welsh include in his motion that Council would receive bi-weeklyreports from the Police Department on the enforcement in the park. Councilman Welsh amended his.motion, seconded by Saltarelli, to continue this item until the study can take place on the feasibility of the pro- posals and that the Police Department give a bi-weekly report"to the Council regarding enforcement in the park. Carried 4-0, Schuster absent. V. NEW BUSINESS 1. YORBA STREET AHFP PROJECT NO. 1012 & 1013 SELECTION OF APPRAISER AND R/W ACQUISITION AGENT Bob Ledendecker, City Engineer, reported that he had sent letters to the residents and asked that this be discussed at the 7:30 P.M. meeting. Council concurred. 2. AWARD OF BID FOR ANNUAL STREET STRIPING The City contracts each year for its street striping, painting of various legends and sandblasting for removal of existing striping. Items numbered 1 through 6 are measured quantity items with the remaining items being of undetermined quantities because City forces perform some of the painting of legends as time permits. Bids were received from three firms as follows for items numbered 1 through Orange County Striping Service, Irvine $18,285.00 Traffic Engineering, Inc., Brea $20,442.30 Safety Striping Service, Fillmore $25,997.60 It was moved by Kennedy, seconded by Sharp, to award the bid for street striping services to Orange County Striping Services of Irvine in the amount of $18,285.00. Carried 4-0, Schuster absent. 3. REMOVAL OF TREES ON RED HILL AVENUE BETWEEN BRYAN AND LANCE Councilman Sharp asked that this item be heard at the 7:30 P.M. meeting. Council concurred. COUNCIL MINUTES Page 5, 12-17~79 4. REQUEST TO SUPPORT PROGRAMS RELATED TO THE FILM "COMMON MAN AND SURVIVAL" James Frazler, 15660 Tustin Village Way, #53, TUstin, who is proposing this to the City of Tustin, said that he would be back at the White House in Washington, D.C. in February and he expects the attention to fall on the City of Tustin. It would be taken by the media back there to be a communi- cation from the City. If Council would want to make a statement as a City, it is available for them. They will be using the symbol in front of the Wishing Well as part of the symbol of the film. Tustin would be the guiding light for sending the message to the White House. They were going to discuss the idea of unity for the future by suggesting extending the bicentennial celebration to a July, 1980 celebration. Council asked to see the film and the time was set for January 7, 1980 at 2P.M. 5. ORANGE COUNTY TRANSPORTATION COMMISSION (O.C.T.C.) PRESENTATION Council concurred that the Orange County Transportation Commission Presenta- tion should be given at the January 21st, 1980 Council meeting at the after- noon session. 6. SELECTION OF CITY AUDITOR Listed below is a summary of the proposals received for audit services for the fiscal year ending June 30, 1980: Diehl Evans & Company $ 9,250 Simonis Moreland Accountants, Inc. 9,300 Main Hurdman & Cranstoun 12,500 The ~other three firms on our list chose not to bid. They are: Ernst & Whinney No Bid Hansen, Ross, Kushner & Co. No Response Peat, Marwick, Mitchell & Co. No Response It was moved by Kennedy, seconded by Saltarelli, to authorize staff to accept the proposal of Simonis Moreland AcCountants, Inc, for $9,300 for fiscal 1979-80 and two additional annual periods as follows: Fiscal 1980-81 $10,230; and Fiscal 1981-82 $11,253 assuming service has been satisfactory. Carried 4-0, S~huster absent~ VI. OTHER BUSINESS FLYING UNITED STATES FLAG AS A SIGN OF NATIONAL UNITY It was moved by Welsh, seconded by Saltarelli, to encourage the residents of the City of Tustin to fly their flag daily as a sign of national unity during this Iranian crisis. Carried 4-0, Schuster absent. VII. ADJOURNMENT It was moved by Sharp, seconded b~ Kennedy, to adjourn at 5:27 P.M. to the 7:30 P.M. meeting. Carried~ COUNCIL MINUTES Page 6~ 12-17-79 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way December 17, 1979 7:30 P.M. I. CALL TO ORDER The meeting was called to order at 7:33 P.M. by Mayor Pro Tem Saltarelli. ~ II. ROLL CALL Present: Councilpersons: Saltarelli, Sharp, Kennedy Absent: Councilpersons: Schuster, Welsh Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Mike Brotemarkle, Community Development Director Mary E. Wynn, Chief Deputy City Clerk Bob Ledendecker, City Engineer Ed Bushong, Finance Director Charles Thayer, Chief of Police R. Kenneth Fleagle, Consultant Approximately 28 in the audience IIi. PUBLIC HEARINGS 1. HOUSING ELEMENT OF THE GENERAL PLAN RESOLUTION NO. 79-100 A Resolution of the City Council of the City of Tustin, ADOPTING THE REVISED HOUSING ELEMENT OF THE GENERAL PLAN The staff report was given by Mike Brotemarkle, Community Development Director, ~ The Public Hearing was opened at 7:36 P.M. There being no comments or objections, Mayor Pro Tem Saltarelli closed the Public Hearing. It was moved by Kennedy, seconded by Sharp, to adopt the Housing Element by approval of Resolution No. 79-100, substantially as drafted. Carried 3-0, Schuster and Welsh absent. IV. PUBLIC CONCERNS MINUTES OF THE REDEVELOPMENT AGENCY Richard B. Edgar, 13622 Loretta Drive, Tustin, znquired as to where the minutes for the Redevelopment Agency were. After checking~ it was discovered that Page 6 of the minutes was missing from the books but wasin the original minutes and that the Redevelopmen~ m~nutes appeared on that page. V. NEW BUSINESS 1. YORBA STREET AHFP PROJECT NO. 1012 & 1013 SELECTION OF APPRAISER AND R/W ACQUISITION AGENT Bob Ledendecker, City Engineer, reported that the City Council had authorized this arterial highway project for the widening of Yorba St. between First and Irvine Blvd. in 1978. We have solicited bids for proposals for right of way acquisition agenE and right of way appraisal agent. In the pas~ few months we have received inquiries from several residents and therefore, we sent letters to each resident, letting them know this item was on the agenda tonight and of 13 letters, 2 were returned with addressee not known. If the Council desires to go through with the project, he recommended selection of appraiser and right of way acquisition agent. COUNCIL MINUTES Page 7, 12-17~79 FOR PREPARATION OF APPRAISAL REPORTS APPRAISER COST PER PARCEL TOTAL COST Williams J. Carlson $ 560.00 $ 7,280.00 Landauer & Associates Inc. $1,850.00 for 5 parcels $1,350.00 for 8 parcels $20,050.00 Joseph A. Mueller (unable to submit proposal due to work load) FOR RIGHT-OF-WAY ACQUISITION SERVICES ACQUISITION AGENT COST PER PARCEL TOTAL COST. Berryman & Stephenson Inc. $400.00 $5,200.00 Security Land & R/W Services Inc. $700.00 $9,100.00 Georgia Holmstrom, 143 Yorba Street, spoke for 8 of the 13 residents regarding the following concerns: 1) Devaluation of their property, 2) Noise, fumes, andpollution impact, 3) Loss of trees and shrubbery, 4) Traffic control such as will trucks be allowed on this street or any plans for a one way street and flow of traffic, 5) Zoning changes, 6) Parking restrictions on the street, 7) Their homes would be closer to traffic flow than is allowed for a new home, 8) Loss of additional land for sidewalks, 9) Would like to see EIR, 10) How soon these appraisals will be made, and 11) Updated information from the City. Bob Ledendecker, City Engineer, agreed to set up a time to meet with these residents to answer their questions. Barclay Sauers, 211 Valley View PI., Vista, CA, owner of 177 Yorba St., asked several questions and requested that an Environmental Impact Report be made. Dan Blankenship, City Administrator, explained that it would probably be at least 60 days before the appraisals would be complete~ and that they were professional appraisers and would take into consideration the zoning and any other contributing factors and give a fair value ~f the property. If the owner does not agree with the appraiser, they can ~o to court for their determination. It was moved by Sharp, seconded by Kennedy, to select William J. Carlson to prepare the appraisal reports for the amount of $7,280.00 and Berryman & Stephenson, Inc. for right of way acquisition services for the amount of $5,200.00. Carried 3-0, Schuster and Welsh absent. Mike Brotemarkle, Community Development Director, said that a Negative Declaration had been made on this some time previously but staff would continue to work with residents on any problems. 3. REMOVAL OF TREES ON RED HILL AVENUE BETWEEN BRYAN AND LANCE Councilman Sharp pointed out that these trees are behind his house and he would like to speak on the matter but would abstain from voting on it. He wished the trees to remain as he has a noise and pollution problem from the traffic on Red Hill. He and the neighbors living there 17 years ago planted these trees for that reason. The present neighbors have swimming pools and wish the trees to be removed because of the leaves getting in their pools. Tracey Fox, 13541 Epping Way, stated that one tree hangs over her property and causes a big problem in her swimming pool and she requested that the trees be removed. It was moved by Kennedy, seconded by Saltarel]i, that the three remaining trees on Red Hill Ave., between Bryan and Lance be removed. Carried 2-0, Schuster and Welsh absent, Sharp abstaineS. COUNCIL MINUTES Page 8, 12~17-79 VI. OTHER BUSINESS EIR FOR MARINE CORPS HOUSING Councilman Saltarelli reported that he had had several meetings with the Marine Corps regarding the EIR for the Marine Corps housing that he brought up at the last Council meeting. It was n~Dved by Saltarelli, seconded b~F Kennedy, to direct staff to delay any legal action regarding the EIR for the Marine Corps housing but to con-. tinue to exhaust any other remedies available. Carried 3-0. EXECUTIVE SESSION Council concurred to have an Executive Session on personnel and legal matters following this meeting. VII. ADJOURNMENT It was moved by Kennedy, seconded by Sharp, to adjourn at 8:05 P.M. to an Executive Session, thence to an adjourned meeting on Dec. 19, 1979 at 5:00 P.M., thence to a showing of the film "Common Man and Survival" on January 7, 1980 at 2:00 P.M., and thence to the next regular meeting on January 7, 1980 at 3:00 P.M. Carried. CITY CLE