Loading...
HomeMy WebLinkAboutCC MINUTES 1979 12 03 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way December 3, 1979 I. CALL TO ORDER The meeting was called to order by Mayor Schuster at 4:14 P.M. II. ROLL CALL Present: Councilpersons: Schuster, Saltarelli, Sharp, Kennedy, Welsh Absent: Councilpersons: None Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Mike Brotemarkle, Community Development Director Ruth C. Poe, City Clerk Mary E. Wynn, Chief Deputy City Clerk Bob Ledendecker, City Engineer Don Biery, Parks and Recreation Director Mike Taft, Personnel Director Ed Bushong, Finance Director Gary Napper, Administrative Assistant R. Kenneth Fleagle, Consultant Approximately five in the audience III. CONSENT CALENDAR 1. APPROVAL OF MINUTES - November 19, 1979. 2. APPROVAL OF DEMANDS in the amount of $530,119.86. RATIFICATION OF PAYROLL in the amount of $76,784.30. APPROVAL OF DEEDS FOR COMMUNITY REDEVELOPMENT AGENCY in the amount of $204,508.72. 3. RESOLUTION NO. 79-90 A Resolution of the City Council of the City of Tustin, California, DESIGNATING PLACEMENT OF CERTAIN STOP SIGNS (Easthound Sixth Street at Newport Avenue) Adoption of Resolution 79-90 as recommended by the City Engineer. 4. RESOLUTION NO. 79-91 A Resolution of the City Council of the City of Tustin, California, TO APPROVE CERTAIN MODIFICATIONS TO THE JOINT POWERS AGREEMENT AND RELATED BY LAWS FOR THE ORANGE COUNTY CITIES RISK MANAGEMENT AUTHORITY. Adoption of Resolution No. 79-91 as recommended by City Administrator. 5. RESOLUTION NO. 79-89 A Resolution of the City Council of the City of Tustin APPROVING FINAL TRACT NO. 10677. Adoption of Resolution 79-89 as recommended by Community Development Department. 6. STREET LIGHTING CONVERSION SERVICE AGREEMENT Authorize the Mayor to execute the Street Lighting Conversion Service Agreement as recommended by City Engineer. It was moved by Saltarelli, seconded by Sharp, that the Consent Calendar be approved as submitted. Carried 5-0. IV. ORDINANCES FOR INTRO- DUCTION None COUNCIL MINUTES Page 2, 12-3~79 V. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 815 An Ordinance of the City of Tustin PREZONING CERTAIN PROPERTY TO PUBLIC AND INSTITUTIONAL, AND PLANNED DEVELOPMENT, KNOWN AS PRE-ZONE 79-2. (N. side of Main St. between Costa Mesa and Santa Ana Freeways) It was moved by Saltarelli, seconded by Welsh, that Ordinance No. 815 have second reading by title only. Carried 5-0. FolloWing the reading of the title of Ordinance N0. 815 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Welsh, seconded by Saltarelli, that Ordinance No. 815 be passed and adopted. ROLL CALL VOTE: AYES: SCHUSTER, SALTARELLI, SHARP, KENNEDY, WELSH NOES: NONE ABSENT: NONE 2. ORDINANCE NO. 816 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION Z.C. 79-2 FOR SIGNAL DEVELOPMENT CORPORATION (Red Hill, Valencia/Bell Ave., from Planned Community Industrial to the Planned Community-Industrial/Business District) It was moved by Saltarelli, seconded by Sharp, that Ordinance No. 816 have second reading by title only. Carried 5-0. Following the reading of the title of Ordinance No. 816 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Saltarelli, seconded by Sharp, that Ordinance No. 816 be passed and adopted. ROLL CALL VOTE: ~-- AYES~ SCHUSTER~ SALTARELLI, SHARD, KENNEDY, WELSH NOES: NONE ABSENT: NONE VI. OLD BUSINESS 1. RESOLUTION NO. 79-86 A Resolution of the City Council of the City of Tustin ENCOURAGING AND SUPPORTING THE COMPLETION OF THE CALIFORNIA STATE WATER PROJECT It was moved by Sharp, seconded by Welsh, to adopt Resolution No. 79-86. Carried 4-1, Saltarelli opposed. Councilman Saltarelli stated that his reason for opposing was because he would like to know how it would be funded before he voted for it. 2. EUCALYPTUS TREE REMOVAL - 335 South "C" Street It was moved by Saltarelli, seconded by Welsh, that the property owner install the sidewalk but leave the trees and the slight asphalt swale adjacent tO the trees and that the property owner would be required to pay the City. the amount estimated to remove the trees, replant new parkway trees, install curbs and gutters, street paving and other missing improvements with some factor for inflation. The City would then be responsible for installing the improvements when the trees start to fail. Audrey E. Heredia, 13561 Malena Dr., Tustin, owner of the property at 335 South "C" Street, asked what amount they would have to pay. The City Administrator stated that the amount to be put on deposit at this time was $4520 and the inflation factor would have to be addressed by the Council. The interest gained on the money would probably meet the current inflation rate. COUNCIL MINUTES Page 3, 12-3-79 Councilman Saltarelli amended his motion, seconded by Welsh, that the pro- perty owner install the sidewalk but leave the trees and the slight asphalt swale adjacent to the trees and that the property owner would be required to pay the City $4520 to remove the trees, replant new parkway trees, install curbs and gutters, street paving and other missing improvements and that there would be no inflationary costs at a later datel The City would then be responsible for installing the lmprovements when the trees start to fail. Mrs. Heredia agreed to this motion. Motion carried 5-0. 3. HEALTH INSURANCE FOR RETIREES It was moved by Welsh, seconded by Saltarelli, that the motion from the November 19, 1979 meeting be amended to read, "That the original plan as presented be approved with the addition, 'That if an employee should retire and then seek employment and be gainfully employed in another employment situation which has medical insurance, that the City no longer is responsible for his insurance and he would not be eligible to reenter the retirement program, and also if a retiree leaves the retirement program ~or any reason, he is not eligible to reenter."' Carried 5-0. VII. NEW BUSINESS 1. REFERENDUM ON DISTRIBUTION OF SALES TAX It was moved by Welsh, seconded by Kennedy, to place an advisory measure before the voters at the April election on the question of the State giving the City of Tustin 2¢ of every 6¢ per dollar collected in'sales tax instead of the present 1¢ and that the City Council give the argument for the measure. Carried 5-0. Council;agreed that the public should be made aware that this was not an increase in tax but rather a distribution of the present sales tax, whereby the City would receive a double allotment from the State. 2. SYCAMORE AVENUE RECONSTRUCTION FROM RED HILL AVENUE TO SCHOOL LANE Sealed bids for subject project were opened at 10:00 A.M. on Tuesday, November 20, 1979, and were received as follows: CONTRACTOR LOCATION BID R. J. Noble Co., Inc. Orange, CA $71,861.00 Sully-Miller Contracting Co. Orange, CA $80,997.90 Griffith Company, Inc. Irvine, CA $84,393.74 Cal-Ex Paving Co., Inc. Paramount, CA $90,956.00 It was moved by Saltarelli, seconded by Kennedy, to award the contract to R. J. Noble Co., Inc~, of Orange, California in the amount of $71,861.00. Carried 5-0. 3. DESIGNATION OF CITY REPRESENTATIVE TO ORANGE COUNTY VECTOR CONTROL DISTRICT It was moved by Saltarelli~ seconded by Sharp, that Councilman Welsh be reappointed as representative to the Orange County Vector Control District for the next two year term ending December 31, 1981. Carried 5-0. 4. RENEWAL OF PROPERTY INSURANCE , COUNCIL DIRECTION ON CARRYING EARTHQUAKE INSURANCE It was moved by Kennedy~ seconded by Saltarelli, to renew property insurance and to add earthquake coverage with Aetna Insurance Co. through Archer and Grant in the total amount of $12,255. Carried 5-0. 5. OLD TOWN TASK FORCE It Was moved by Kennedy, seconded by Saltarelli, that Tom Cunningham, Bill Colbern, John Roach, Umberto Cuevo, Tony Coco, Pearl Shiftman and Dr. Walter Flaherty be appointed to serve as the Old Town Task Force, as outlined in the staff memo of November 5, 1979. Carried 5-0. COUNCIL MINUTES Page 4, 12~3-79 6. PAYMENT FOR PRECINCT WORKERS It was moved by Welsh, seconded by Saltarelli, that the Resolution to be adopted in January establishing the precincts, precinct workers and fees contain the same pay scale as set by the County Supervisors and used by all County cities. Councilwoman Kennedy did not think staff's argument was valid. She felt this job is worthy of the minimum wage. She was in favor of defeating the motion and moving minimum wage. Councilman Sharp expressed that paying an hourly rate would require expensive bookkeeping. Councilman Welsh withdrew his motion. It was moved by Saltarelli, seconded by Welsh, that the resolution to be adopted in January establishing the precincts, precinct workers and fees contain the pay scale of $50 for Inspectors, $40 for Judges and Clerks, and $25 for the polling place. Carried 5-0. 7. BUILDING INSPECTOR CLASSIFICATION Mike Brotemarkle gave the staff report explaining that if a Building Inspector is not available for the job, the City would have the option of hiring a Building Inspector Trainee. Dan Blankenship, City Administrator, explained that this was not authorizing two positions but would allow us to add the Trainee position to our classi- fication system and to go out and recruit for both, but we will only hire one. There is only authorization in the budget for one position. It was moved by Welsh~ seconded by Sharp, that under Personnel Rules Section3, Classification Plan, B and E, to adopt the Building Inspector and Building Inspector Trainee positions as proposed. Carried 5-0. 8. REQUEST TO FILL PERSONNEL VACANCY - MAINTENANCE MAN I It was moved by Saltarelli, seconded by Welsh, to authorize the Personnel Department to recruit for and replace the position of Nick Perez, Mainte- nance Man II, at the Maintenance Man I level. Carried 5-0. 9. SALE OF MERCURY BUILDING Council agreed to hear this item at the 7:30 P.M. meeting. VIII. OTHER BUSINESS It was movedby Saltarelli, seconded by Welsh, to recess to the Redevelopment Agency at 5:00 P.M. Councilwoman Kennedy questioned holding the Redevelopment Agency meeting at this time since it was scheduled for 7:30 P.M. Councilman Saltarelli was under the impression that at the last meeting, it had been decided that routine Redevelopment business that did not require public participation could be handled at the afternoon meeting. Staff explained that there was no definite motion on this and no decision was made. Councilman Saltarelli withdrew his motion sothat the matter could be decided. Councilwoman Kennedy made a motion that Public Hearings be advertised for a specific time not for an either/or time. She felt strongly that the public should not be imposed upon by having to come out at two different times for a public hearing. The motion died for lack of a second. Mike Brotemarkle, Community Development Director, suggested that we could schedule City Council public hearings for 4:30 P.M. and any written request to continue to 7:30 P.M. would be honored. COUNCIL MINUTES Page 5, 12-3-79 It was moved by Sharp, seconded by Schuster, that any routine Redevelopment Agency business be held in the afternoon and any Redevelopment Agency Public Hearings be held at 7:30 PiM~ Councilman Saltarelli clarified that all Planning Agency Public Hearings, except controversial ones, would be advertised at 3:00 P.M. and all Redevel- opment Agency Public Hearings and City Council Public Hearings would be heard at 7:30 P.M. Motion carried 5-0. IX. ADJOURNMENT It was moved by Sharp, seconded by Kennedy, to adjourn at 5:20 P.M. to the 7:30 P.M. meeting. Carried. MINUTES 0F A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way December 3, 7:30 P.M. I. CALL TO ORDER ~e meeting was called to order at 7:32 P.M. by ~yor Schuster. II. ROLL CALL Present: Councilpersons: Schuster, Sharp, Welsh, Kennedy (arrived at 7:43 P.M.) ~sent: Councilpersons: Saltarelli O~ers Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Mike Brotemarkle, Co~ity Development Director Ruth C. Poe, City Clerk Mary E. Wynn, Chief Deputy City Clerk Bob Ledendecker, City Engineer ~n Biery, Parks and Recreation Director Charles ~ayer, Police Chief Ed Bushong, Finance Director Approxi~tely 19 in the audience PROCLA-- MATIONS Proelations were read for the Bill of ~ghts Week and Lungs for Life Week by MayOr Schuster. IV. PUBLIC HEARINGS 1. ZONE CHANGE 79-3 - SE CORNER OF IRVINE BLVD. AND HOLT AVENUE ORDINANCE NO. 817 AN Ordinance of the City of Tustin, REZONING PROPERTY ON APPLICATION Z.C. 79-3 AT THE SOUTH EASTERLY CORNER OF IRVINE AND HOLT (from Retail Commercial District (C-l) to the Planned Community Commercial District PC-Commercial) ~e staff report was given by Mike Br0temarkle, Co~unity Development Director. ~e P~lic Hearing openedat 7:38 P.M. Paul Ehline, 1900 4th Street, spoke stating ~at he planned to build a 40,000 square ft. office building. COUNCIL MINUTES Page 6, 12~3-79 The Public Hearing was closed at 7:40 P.M. It was moved by Welsh, seconded by Sharp, that Ordinance No.~ 817 be introduced. Carried 3-0, Saltarelli and Kennedy absent. V. RECESS It was moved by Welsh, seconded by Sharp, to recess at 7:43 P.M. to the Redevelopment Agency. Carried. MINUTES OF A REGULAR MEETING ~ REDEVELOPMENT AGENCY December 3, 1979 1. The meeting was called to order by Chairman Pro Tem Sharp at 7:43 P.M. 2. Present: Members: Sharp, Kennedy, Welsh Absent: Members: Saltarelli 3. APPROVAL OF MINUTES of November 19, 1979 meeting. It was moved by Kennedy, seconded by Welsh, that the minutes of the November 19, 1979 meeting be approved. Carried 3-0, Saltarelli absent. 4. RESOLUTION NO. RDA 79-8 (Utility Underground District No. 4,(Larwin Square) A Resolution of the Tustin Coramunity Redevelopment Agency, Tustin, CA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION It was moved by Welsh, seconded by Kennedy, to adopt Resolution No. RDA 79-8 accepting said work and authorize a final progress payment in the amount of $2,187.00 and assuming that no claims or stop notices are filed within 30 days of the date of recordation of the notice of comple- tion, that the final 10% ($8,658.19) retention be paid at that time. -- Richard B. Edgar, 13622 Loretta Drive, questioned whether this should be paid before all cable is installed. The City Administrator responded that the Redevelopment Agency's project Was to install the!conduit and the Util~t~Company~'s~roject ~as tO pull cable. The Utility Company will continue to~wonk and take down the poles. Motion carried 3-0, Saltarelli absent. 5.It was moved by Welsh, seconded byKennedy, to adjourn at 7:46 P.M. to the next regular meeting on December 17, 1979. Carried. MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 7:46 P.M. December 3, 1979 I. ~ PUBLIC CONCERNS June Baldwin, 1642 Greenmeadow, President of Tustin Meadows Homeowners Association, presented copies of a resolution that was unanimously passed at a special meeting of the Board on November 27, 1979. The Tustin Meadows CoTmnuni~y AsSociation Board of Directors recommended the following action to the Tustin City Council: "1. Increased enforcement in Centennial Park by the Tustin Police Department, emphasizing arrests and disciplinary action, rather than just dispursement. This is a must. 2. Installation of vehicular control barriers at all entrances, except Oxford, so constructed to keep out motorcycles and cars, but not pedestrians and bicycles. COUNCIL MINUTES Page 7, 12-3-79 3. Extension of the sprinkler lines so they wet down the picnic area under the trees for 10 minutes on the hour; also extension of the sprinkler lines in Cheese Park and TeePee Park to wet down the entire area for 10 minutes an hour. The effectiveness of this three-point program will be evaluated in 90 days and a report will be given to the City. This report will include further recommendations, if required. We request that no other action be taken until the 90 day evaluation is completed." Councilwoman Kennedy asked if anyone has been ticketed. Chief Thayer responded that there have been 7 arrests, 5 since closing of the park. It was moved by Welsh to adopt the Tustin Meadows' recommendation as a Council policy contingent upon the staff coming back witha report for the next Council meeting dealing with items 2 and 3 as they are slight diversions from the City Council's thoughts. Mrs. Baldwin asked that if at a later date the City decides to put in fences, that the Tustin Meadows Homeowners Association be informed. Councilwoman Kennedy asked Councilman Welsh if he would change the wording of the motion to accept the recommendation rather than adopt it. Councilman Welsh amended the motion, seconded by Kennedy, to accept the Tustin Meadows' recommendation contingent upon the staff coming back with a report for the next Council meeting dealing with items 2 and 3 as they are slight diversions from the City Council's thoughts. Carried 4-0, Saltarelli absent. II. NEW BUSINESS 9. SALE OF MERCURY BUILDING The City Administrator reported that we have received an offer from Carl L. Wood for the Mercury Building of $3,000 and one from the St. Paul's Episcopal Church for $3,150. He said it would be appropriate to hear any offers at this time. Councilman Welsh aske~ if we could hold a bid without public notice. Bob Ledendecker, City Engineer, advised that staff had advertised the sale of the building several times, once for minimum base low bid of $24,000, with no responses except for a bid of $5,700, which was rejected, and the second time for $20,000, and a third time for a low bid of $14,000. For Sale signs were then put on the building with Mr. Wood then making the $3,000 offer. His understanding was that we had met the legal requirements for advertisement. Attorney Rourke said it was up to the Council if they wanted to'have a negotiated sale but that it was legally proper. Mayor Schuster said the City Council will now receive bids on the Mercury Building. BIDDER AMOUNT BID Carl L. Wood $3,000 St. Paul's Episcopal Church $3,150 Frank Greinke $3,750 Carl L. Wood $3,900 St. Paul's Episcopal Church $4,000 Frank Greinke $4,250 St, Paulus Episcopal Church $4,500 Frank Greinke $4,750 St. Paul's Episcopal Church $5,000 Frank Greinke $5,250 St. Paul's Episcopal Church $5,300 COUNCIL MINUTES Page 8, 12-3-79 BIDDER AMOUNT BID Frank Greinke $5,500 St. Paul's Episcopal Church $5,600 Frank Greinke $5,800 St. Paul's Episcopal Church $5,900 Frank Greinke $6,100 St. Paul's Episcopal Church $6,200 Frank Greinke $6,400 St. Paul's Episcopal Church $6,500 Frank Greinke $6,700 St. Paul's Episcopal Church $6,800 Frank Greinke $7,000 St. Paul's EpiscOpal Church $7,050 Frank Greinke $7,250 St. Paul's Episcopal Church $7,300 Frank Greinke $7,500 It was moved by Sharp, seconded by Welsh, to accept the bid of $7,500 from Frank Greinke. Carried 4-0, Saltarelli absent. III. OTHER BUSINESS EXECUTIVE SESSION Attorney Rourke asked for a short EXecutive Session for personnel and legal matters following the meeting. Council concurred. LEAGUE OF CITIES SEMINAR Councilman WelSh reported that the League of Cities is having a seminar on January 14th on Proposition 14 and asked if someone from the Council would like to attend with him. Mayor Schuster agreed to go. ADJOURNMENT It was moved by Sharp, seconded by Welsh, to adjourn at 8:37 P.M. to an Executive Session and thence to the next regular meeting on December 17, 1979. Carried. T ~ yR/pR~TEM