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HomeMy WebLinkAboutCC MINUTES 1979 11 05 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way November 5, 1979 I. CALL TO ORDER Following a motion by the Planning Agency to adjourn to the Council meeting, the City Council was called to order by Mayor Schuster at 5:32 P.M. ROLL CALL Present: Councilpersons: Schuster, Saltarelli, Sharp, Kennedy, Welsh Absent: Councilpersons: None Others Present: Dan Blankenship, City Administrat6r James G. Rourke, City Attorney Mike Brotemarkle, Community Development Director Ruth C. Poe, City Clerk Mary E. Wynn, Chief Deputy City Clerk Approximately 40 people in the audience III. PUBLIC CONCERNS EUCALYPTUS TREE REMOVAL - 335 SOUTH "C" STREET Audrey Heredia, 13561 Malena Drive, owner of the property at 335 S. "C" St., requested that Item No. 8 of the Consent Calendar be heard at this time, in order that she might be heard on the matter. Council concurred. Mrs. Heredia presented to the Council her written request to preserve the four Blue Gum Eucalyptus trees together with a petition with approximately 461 signatures. She expressed her desire to retain the heritage of Tustin expressed in this property. Staff's primary concern is the stability of these trees after the improve- ments consisting of curbs and sidewalks placed adjacent to and around these trees which would probably necessitate the cutting and trimming of some roots near the ground surface. Councilman Welsh reported that on Glassell in the City of Orange next to the Holy Family Cathedral, there was a large tree out to the curbing and they had made the sidewalk similar to a bridge in order to preserve the tree. Dan Blankenship, City Administrator, suggested that the trees could be kept by locating the proposed curb line 4 ft. westerly and do so in accordance with the City's prior policy under problem trees wherein the property owner agrees to waive the City's liability and accepts responsibility for those trees. Arthur Peterson, Jr., 653 S. "B" St., pointed out that "C" Street south of Main Street is narrower than it is north of Main St. Be suggested that if on that one block the alignment for the curb was the same as it is south of Main St., the trees would come within the curb line. It was moved by Welsh that the trees be kept by locating the proposed curb line 4 ft. westerly and that the property owner waive the City's liability and accept responsibility for those trees and to look seriously at the design of aligning that street so as to protect the tree roots as much as possible. Following further discussion about curbs and gutters and the deterioration of the streets that do not have them, Councilman Saltarelli suggested that this is complicated and we need to discuss the liability question with our attorney and need to continue this to the next meeting and staff can bring back some alternate designs. It was moved by Kennedy, seconded by Welsh, to postpone this item to the meeting of November 19, 1979 and staff [o study further and bring back alternative designs. Carried 5-0. IV. ADJOURNMENT It was moved by Saltarelli, seconded by Kennedy, to adjourn to the Planning Agency at 7:30 P.M. and thence to the Counci meeting. Carr' . ~unci meeting. y~ COUNCIL MINUTES Page 2, 11~5-79 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way November 5, 1979 7:40 P. M. I. CALL TO ORDER Following the Planning Agency meeting, the Council meeting was called to order by Mayor Schuster at 7:40 P.M. II. ROLL CALL Present: Councilpersons: Schuster, Saltarelli, Sharp, Kennedy, Welsh Absent: Councilpersons: None Others Present: Dan Blankenship, City Administrator James Rourke, City Attorney Mike Brotemarkle, Community Development Director Mary E. Wynn, Chief Deputy City Clerk Hugh West, Maintenance Superintendent Charles Thayer, Police Chief Ed Bushong, Finance Director Don Biery, Parks and Recreation Director Dale Wick, Assistant City Engineer Mike Taft, Personnel Director Approximately 42 in the audience III. PROCLAMA- TIONS A Proclamation was read and presented to Mary Kelly by Mayor Schuster for her efforts as chairman of the Wishing Well Memorial. Proclamations were also read for All American Smokeout and for Adoption Week. IV. PUBLIC HEARINGS 1. SIXTH STREET VACATION AND ABANDONMENT RESOLUTION NO. 79-85 A Resolution of the City Council of the City of Tustin ORDERING VACATION OF A PORTION OF SIXTH STREET The staff report was given by Dan Blankenship. The Public Hearing was opened at 7:50 P.M. There being no comments or objections, it was moved by Saltarelli, seconded by Sharp, to close the Public Hearing and to pass and adopt Resolution No. 79-85. Carried 5-0. 2. GENERAL PLAN AMENDMENT 79-1, MAIN STREET FREEWAY ANNEXATION NO. 97 (Resubmitted) RESOLUTION NO. 79-78 A REsolution of the City Council of the City of Tustin, APPROVING GENERAL PLAN AMENDMENT 79-1. Staff report was given by Mike Brotemarkle, Community Development Director. The Public Hearing was opened at 7:52 P.M. There being no comments or objections, it was moved by Welsh, seconded by Kennedy, to close the Public Hearing and that General Plan Amendment 79-1 be approved by adoption of Resolution No. 79-78. Carried 5-0. V. RECESS It was moved by Saltarelli, seconded by Welsh, to recess to the Redevelop- merit Agency meeti.ng at 7:53 P.M. Carried 5-0. COUNCIL MINUTES Page 3, 11-5-79 MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY November 5, 1979 1. The meeting was called to order by Chairman Saltarelli at 7:53 P.M. 2. Present: Members: Saltarelli, Sharp, Kennedy, Welsh Absent: Members: None 3. APPROVAL OF MINUTES of October 15, 1979 meeting. It was moved by Kennedy, seconded by Welsh, that the minutes of the October 15, 1979 meeting be approved. Carried 4-0. 4. CORRESPONDENCE REGARDING EL CAMINO REAL MERCHANTS GROUP Mike Brotemarkle, Community Development Director, reported that staff's report was a matter of clarification. He said the Merchants Group would be meeting on the 14th of November, 1979. Mr. Saltarelli said that he would attend the meeting. It was moved by Welsh, seconded by Kennedy, to receive and file the report. Carried 4-0. 5. It was moved by Welsh, seconded by Kennedy, to adjourn at 7:55 P.M. to November 19, 1979. Carrie the next regular meeting on ~ MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 7:55 P.M. November 5, 1979 I. PUBLIC CONCERNS 10 P.M. CURFEW AT CENTENNIAL PARK Kathy Weil, 1702 Summerville, representing Tustin Meadows Homeowners' Association, requested the closing hour for Centennial Park be changed from 10 P.M. to sundown. She suggested that this could rid the park of undesirables. If desired, at some future date it could be changed. It was moved by Welsh, seconded by Kennedy, to change the closing hour for Centennial Park from 10 P.M. to sundown except for City of Tustin and Tustin Meadows Homeowner~ activities. Carried 5-0. Attorney Rourke informed that signs must be posted and the curfew will not be effective until they are. GATES AT CENTENNIAL PARK Dan Blankenship, City Administrator, reported that Council had received a report regarding consideration of installing three gates at the west end of Centennial Park to help alleviate the problems. Councilman Saltarelli reported that motorcycles go in and out of the park into the cul de sacs at speeds up to 50 miles per hour at all hours without regard for children or pedestrians. It was moved by Saltarelli, seconded by Welsh, that staff should install three gates, one at Briarcliff, one at Kimberly and One at the entryway by the Recreation area, at a cost of $1,600. Councilwoman Kennedy asked that the motion include that Homeowners' Associ- ation would be notified and that we get confirmation from them before the gates are installed. She felt the installation of the gates at just these three entrances would just move the problem to the other end of the park. COUNCIL MINUTES page 4, 11-5-79 Councilman Welsh raised the question of who ~ould lock and unlock the gates each day. Dan Blankenship, City Administrator, responded that hopefully the residents would assist in this or perhaps the Maintenance Department. The Mayor was excused from the meeting at this time. Councilman Saltarelli amended his motion to read that staff should install three gates, one at Briarcliff, one at Kimberly and one at the entryway by the recreation area, at a cost of $1,600, and notify the Homeowners Associ- ation and get confirmation from them before the gates are installed. Carried 4-0,!Schuster absent. HOURS POLLS TO BE OPEN ON CITY COUNCIL ELECTION DAY Richard B. Edgar, 13622 Loretta Drive, recommended that the Council determine that the hours for the ~olls to be open for the city council elections be the same as for the Federal and State elections which is from 7 A.M. to 8 P.M. Councilman Saltarelli suggested that this be agendized for the next meeting. Council concurred. LOCATION OF ORANGE COUNTY AIRPORT IN THE OCEAN Mr. Edgar had another concern about a new location of the Orange County Airport. He had heard reports that there is now talk of building the airport in the ocean. It would be costly to build but there would not be nearly as many peripheral costs. It would be located about 25 miles from LOng Beach in the ocean. He recommended that the CoUncil go on record of supporting this. Councilman Welsh pointed out that a couple of years ago when the League of Women Voters brought up the matter of the airport, he suggested that the airport be placed in the ocean. In the preliminary report of the League of Women Voters, this was recommended but not suggesting Long Beach but off the Coast of Orange County. II CONSENT CALENDAR 1. APPROVAL OF MINUTES - October 15, 1979. 2. APPROVAL OF DEMANDS in the amount of $1,387,816.88. RATIFICATION OF PAYROLL IN THE AMOUNT OF $143,795.83. 3. RESOLUTION NO. 79-79 A Resolution of the City Council of the City of Tustin REQUESTING TEH COUNTY OF ORANGE INCREASE THEIR ALLOCATION FROM THE ARTERIAL HIGHWAY FINANCING PROGRAM FOR THE DEVELOPMENT OF NEWPORT AVENUE BETWEEN LAGUNA ROAD AND MAIN STREET AND NEWPORT AVENUE AT BRYAN AVENUE Adoption of Resolution No. 79-79 as recommended by the Engineering Department~ 4. RESOLUTION NO. 79-80 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE SYCAMORE AVENUE STREET RECONSTRUCTION AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Adoption of ResOlution No. 79-80 as recommended by the Engineering Department. , 5. SEVENTEENTH STREET SIGNAL SYSTEM INTERCONNECT Authorize the Mayor to execute said Supplement Agreement No. 1 as recommended by City Engineer. REQUEST FOR TREE REMOVAL (14161 Carfax) Authorize the City to remove the tree as requested by the resident at this address. 7. REQUEST FOR TREE REMOVAL(600 W. Main St.) Authorize the City to remove the tree as requested by the owner of the property at this address. COUNCIL MINUTES Page 5, 11-5-79 8. EUCALYPTUS TREE REMOVAL (335 South "C" Street) Authorize one of the three options in the staff report as recommended by the City Engineer. 9. REQUEST TO REMOVE TREES (13541, 13551, 13561, and 13581 Epping Way and 1502 Lance Drive) Authorize the City to remove the trees as requested and that they be replaced with Pinus Pinea as recommended by the Maintenance Superintendent. 10. BOARD OF APPEALS, NOMINATION TO FILL VACANCY Authorize Ralph S. Cripps to be appointed to the Board of Appeals, City of Tustin, as recommended by the Community Development Director. 11. REQUEST FOR ADDITIONAL BUDGET APPROPRIATION Authorize an additional budget appropriation in the amounts of $210 for two sand urns, $586 for supply cabinet and stool for Xerox Room, and $350 for three secretarial chairs, as recommended by City Engineer. 12. RESOLUTION NO. 79-82 A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION Authorize adoption of Resolution No. 79-82 as recommended by the Engineering Department. 13. APPROVAL OF CITY-CHAMBER OF COMMERCE AGREEMENT FOR 1979-80 Authorize the Mayor and City Clerk to execute the agreement. 14. RESOLUTION NO. 79-84 A Resolution of the City Council of the City of Tustin, California, ESTABLISHING CAPITAL OUTLAY IRVINE-PETERS CANYON SUBACCOUNT Authorize adoption of Resolution No. 79-84 as recommended by the City Administrator. 15. ADOPTION OF THE POSITIONS: CLERK-TYPIST/DISPATCHER AND RECREATION LEADER/SENIOR CITIZENS TO THE CITY CLASSIFICATION PLAN. Adoption of new position of Recreation Leader/Senior Citizens and the class supplement of Clerk-Typist/Dispatcher to the City of Tustin Classification Plan, as recommended by the Personnel Department. Item No. 8 - EUCALYPTUS TREE REMOVAL ~ 335 South "C" Street This item was discussed and continued to the November 19, 1979 meeting at the afternoon meeting and is recorded on Page 1 of these minutes. Item 15 - Dan Blankenship, City Administrator asked that this item be removed from the Consent Calendar for a change in the educational require- ments, which would read: "Equivalent to one year of College and seminars and or special classes relating to Senior Citizens." Councilman Welsh had questions on Items 3 and 7 which he had clarified as follows: Item 3 ~ He had no objections to this item but he thought the mounds on the bicycle path on Newport Avenue should be looked at as they are deteri- orating and could become a libility problem. Item 7 - Tree Removal at 600 W. Main St. - He asked for explanation why there would be no replacement for this tree. Dan Blankenship, City Admin- istrator, explained that some years ago they had placed two trees on the property, which is the number of trees required, and this tree was just an extra tree. It was moved by Kennedy, seconded by Saltarelli, that the Consent Calendar be approved as submitted except for Items Nos. 8 and 15. Carried 4-0, Schuster absent. COUNCIL MINUTES Page 6, 11-5~79 ITEM 15 - ADOPTION OF THE POSITIONS: CLERK-TYPIST/DISPATCHER AND RECREATION LEADER/SENIORCITIZENS TO THE CITY CLASSIFICATION PlAN Councilwoman Kennedy asked if all employees being hired had to take a physical and if so, if they had a previous condition, if they sign a waiver, are they hired. Dan Blankenship, City Administrator, responded that physicals are required but if a condition does not impair their work, they are hired. We do not have any waivers signed for this. If a person has an injury, they can waive the right to worker's compensation claim. Mrs. Kennedy asked what the range of salary is for the Recreation Leader/ Senior Citizen position and what was the previous CETA salary for this position. Dan Blankenship, City Administrator, responded that the range of salary for. this position is $823 a month to $1,000 and a person can be hired at any range depending on their qualifications and other factors and the previous CETA "E" step range was $1,102 with the "C" step being $1,000. It was moved by Welsh, seconded by Sharp, to adopt the attached new position of Recreation Leader/Senior Citizens, with the change that the Qualifications under Education shall read: "One year of college or equiva- lent and seminars or special classes relating to senior citizens.", and the class supplement of Clerk-Typist/Dispatcher to the City of Tustin Classi- fication Plan. Carried 4~0, Schuster absent. Mayor S~huster returned to the meetinq. III. ORDINANCES FOR INTRO- DUCTION 1. ORDINANCE NO. 814 An Ordinance of the City of Tustin, California, FOR AN AMENDMENT TO THE TUSTIN CITY CODE RELATIVE TO THE REQUIRED QUALIFICATIONS OF SURETY COMPANY It was moved by Saltarelli, seconded by Kennedy, that Ordinance 814 have first reading by title only. Carried 5-0. Following the reading of the title of Ordinance No. 814 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Saltarelli, seconded by Kennedy, that Ordinance No. 814 be introduced. Carried S-0. IV. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 813 An Ordinance of the City of Tustin, California, AMENDING ORDINANCE NO. 792 GRANTING A NON-EXCLUSIVE FRANCHISE FOR CABLE TELEVISION SYSTEMS TO SIX STAR CABLEVISION, INC. It was moved by Saltarelli, seconded by Kennedy, that Ordinance No. 813 have second reading by title only. Carried 5-0. Following the reading of the title of Ordinance NO. 813 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Kennedy, seconded by Saltarelli, that Ordinance No. 813 be passed and adopted. ROLL CALL VOTE: AYES: SCHUSTER, SALTARELLI, SHARP, KENNEDY, WELSH NOES: NONE 2. ORDINANCE NO. 809 An Ordinance of the City Council of the City of Tustin California, AMENDING TITLE 4, CHAPTER 3, OF THE TUSTIN CITY CODE PERTAINING TO SOLID WASTE COLLECTION COUNCIL MINUTES Page 7, 11-5-79 It was moved by Saltarelli, seconded by Sharp, that Ordinance No. 809 have second readingby title only. Carried5-0. Following the reading of the title of Ordinance No/. 809 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Saltarelli, seconded by Sharp, that Ordinance No. 809 be passed and adopted. Councilwoman Kennedy asked what were the results of the meeting with the staff and the disposal company regarding complaints about their service and becoming further committed to this company for solid waste collection. Attorney Rourke responded that all the problems were resolved in a satis- factory manner and staff felt it would be best to have all of the solid waste disposed of by one company, Councilman Welsh pointed out that future complaints are to be in writing, then they will be forwarded to the company and the company will respond. Both the staff and the company will keep track of all complaints. ROLL CALL VOTE ON MOTION: AYES: SCHUSTER, SALTARELLI, SHARP, WELSH NOES: KENNEDY Motion passed 4-1. V. OLD BUSINESS 1. HEALTH PLAN FOR RETIREES Dan Blankenship, City Administrator, gave the staff report. The Employee Associations have received general information about the plan and they will review specifics and then report back to staff. He said it was recommended that Council approve the plan as attached at this time because we do have one employee qualified for it but staff will continue to meet with the Associations and bring back any refinements that may be desirable or necessary. Councilman Welsh questioned why 5 years for a full time retirement instead of 10 years. City Administrator Blankenship explained that the requirement of 5 years matches the Public Employees Retirement System (PERS)requirement for a non work related disability. We have gone further in specifying that you have to also be 50 years of age, making it more rigid than the PERS definition. Councilwoman Kennedy and CouncilmanSaltarelli desired to have more time to study this plan and for staff to look into other programs and also the question of 5 or 10 years full time service elegibility. It was moved b7 Welsh, seconded by Saltarelli, to continue this item to the November 19, 1979 meeting and to look at it further with the proviso that we have an employee who qualifies and we should honor our commitment to him. Carried 5-0. VI. NEW BUSINESS 1. REQUEST FOR STOP SIGN INSTALLATION (WILLIAMS ST. AND ALLIANCE AVE.) Nancy Kent, 16526 ~A Alliance Avenue, Laura Reed, 16282 ~29F Main St., and Joe Martinez, 16502 Alliance Avenue asked that a stop sign be installed at Williams St. and Alliance Ave. because of the danger to the children as well as to the adults. Cars travel at a fast rate of speed and do not stop for children or adults in the cross walk and it is a very dangerous intersection. Councilman Welsh recommended the following: 1) That red curbs be painted on each side of the school driveway that abutts the cross walk; 2) That duplicate crossing guard equipment be provided for trained substitutes; and 3) That substitutes be recruited and a substitute list be made. Chief Thayer concurred with establishing a list of alternate crossing guards and putting in of stop signs. COUNCIL MINUTES Page 8~ 11-5-79 It was moved by Saltarelli, seconded by Welsh, that Resolution No. 79-81 be passed and adopted which would designate placement of stop signs for northbound and southbound Willjams Street at Alliance Avenue, that red curbs be painted on each side of the school driveway that abutts the cross walk, that duplicate crossing guard equipment be provided for trained substitutes, that substitutes be recruited and a substitute list be made, and that parents, PTO and the children be educated regarding the stop signs. Carried 5-0. 2. LONG-RANGE WATER SUPPLY NEEDS Council concurred that staff should prepare a letter of support of the ] Peripheral Canal for the Mayor's signature to be sent to the proper politicians and draft a resolution to be sent to the League of Cities. 3. REQUEST FOR PROPOSAL - ANNUAL FISCAL AUDIT It was moved by Saltarelli, seconded by Kennedy, to authorize staff to request bids for the 1979-80 fiscal audit from the bid list attached to staff's report. Carried 5-0. 4. AWARD OF BID - CONSTRUCTION OF PARKING LOT AT COLUMBUS TUSTIN PARKSITE Bids were opened for the subject project on October 25, 1979 at 11 a.m. and were received as follows: Porter Construction Company, Santa Aria .... T ....... $ 76,840.11 Griffith Company, Irvine .......................... 82,279.75 Sully Miller Contracting Co., Irvine .............. 84,324.35 R. J. Noble Company, Orange ....................... 88,199.54 Silveri and Ruiz, Garden Grove .................... 89,669.20 Nobest, Inc., Westminster ......................... 94,598.00 No D. L. Construction Corp., Rancho Cucamonga ..... 102,461.50 T. J. Crosby Company Inc., Santa Ana .............. 106,993.75 The low bid is 8.5% below the engineer's estimate of $84,000.00. It was moved by Saltarelli, seconded by Welsh, to award the bid to Porter Construction Company of Santa Ana, for the construction of the parking lot at Columbus Tustin Parksite. Councilwoman Kennedy asked about the performance record of this company. Dale Wick, Assistant City Engineer, reported that Mr. Porter was the super- visor on the First Street job and he was a good man. The Porter Construction Company is ~ fairly new company. Mr. Porter spoke stating that he was. the manager and half owner of Certified General Engineering Company from 1973 to 1977 and they had done a lot of work in Santa Aria, Yorba Linda, La Habra, and the County of Orange and he has a good track record. Motion carried 5-0. 5. STREET LIGHT REQUEST - DEBUSK LANE, RALEIGH PLACE AND WALTER AVENUE It was moved by Saltarelli, seconded by Sharp, to delay action until the street lighting study has been completed and then establish a uniform policy. Carried 5-0. 6. ADOPTING SETTLEMENT PROCEDURES FOR WORKERS COMPENSATION ~-- It was moved by Welsh, seconded by Saltarelli, that Resolution No. 79-83 be passed aHd adopted which adopts settlement procedures for Worker's Compensation Claims. Councilwoman Kennedy requested that Section 2 be changed to read: "...upon the approval of the City Administrator or City Attorney.", or to change the amount to $1,000 instead of $2,500. Council did not concur on this. Motion carried 4-1, Kennedy opposed. COUNCIL MINUTES page 9, 11-5-79 7. CLAIM OF ELLEN GOODWIN; D/L 8/15/79 (Claim No. 79-10) It was movedby Saltarelli, seconded by Kennedy, that the above referenced claim be denied and the City Clerk directed to give proper notice of the denial to the claimant and his attorney. Carried 5-0. VII. OTHER BUSINESS SYCAMORE AVENUE AGREEMENT BETWEEN CITY OF TUSTIN AND THE COUNTY OF ORANGE City Administrator Blankenship reported that Council had received the report of the Sycamore Avenue Agreement which would have us work with the County in extending the storm drain that is presently under construction on Sycamore and would also have them participating in the paving of a County island which ultimately would be in the City. It was moved by Saltarelli, seconded by Welsh, to authorize the Mayor to execute Agreement D79-120 for storm drain and street reconstruction along Sycamore Avenue between a point 300 feet easterly of Charloma Drive and a point westerly of Charloma Drive subject to the City Attorney's final approval. Carried 5-0. AUDIT REPORT Mr. Blankenship reported that a copy of the Audit Report had been provided the City Council. DIRECTION ON VOTING AT THE LEAGUE OF CITIES' MEETING Councilman Welsh requested direction on how to vote on the City of Cypress' request for 14 days of racing at Los Alamitos. Council concurred that he should vote "yes". MEETING WITH CITY COUNCIL OF SANTA ANA Mayor Schuster asked for a Councilperson to go with him to a meeting of the City Council of Santa Ana for dinner at McClures Restaurant on Dec. 3rd to discuss mutual problems and concerns of neighboring cities. Councilwoman Kennedy agreed~to gol GAMBLING AT LAKE TAHOE Mayor Schuster had a letter and resolution from the City of San Jose asking for our support of their resolution regarding Lake Tahoe being overrun by gambling joints. Council did not wish to take a stand on this. VIII ADJOURNMENT It was moved by Kennedy, seconded by Saltarelli, to adjourn at 10:07 P.M. to the November 19, 1979 meeting. Carried.