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HomeMy WebLinkAboutCC MINUTES 1979 10 15 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way October 15, 1979 I. CALL TO ORDER The meeting was called to order by Mayor Schuster at 4:10 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 pirector Ruth C. Poe, City Clerk Mary E. Wynn, Chief Deputy City Clerk Ed Bushong, Finance Director Mike Taft, Personnel Director Bob Ledendecker, City Engineer DOn Biery, Parks and Recreation Director Gary Napper, Administrative Assistant R. Kenneth Fleagle, Consultant Audience of 12 III. PRESENTATION Gene Shaw from the American Automobile Association presented a 1978 Pedestrian Safety Citation to Mayor Schuster for Tustin's 3 year achieve- 'ment record of no pedestrian fatalities. Councilwoman Kennedy recommended that staff be recognized for this record by a letter to the Engineering and Police Departments. Council concurred. IV. RECESS It was moved by Saltarelli, seconded by Kennedy, to recess to the Redevelopment Agency at 4:17 P.M. Carried~ MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY October 15, 1979 1. The meeting was called to order by Chairman Saltarelli at 4:17 P.M. 2. Present: Members: Saltarelli, Sharp, Kennedy, Welsh Absent: Members: None 3. APPROVAL OF MINUTES of October 1, 1979. It was moved by Kennedy, seconded by Sharp, that the minutes of the October 1, 1979 meeting be approved. Carried 4-0. 4. PROPOSAL FROM BUTLER HOUSING CORPORATION - REQUEST FOR STAFF DIRECTION Chairman Saltarelli explained that staff was looking for direction regarding the proposal of Butler Housing Corporation to acquire pro- perty in the area of Newport, San Juan, and Bonita near the High School which would require use Qf the City's power of eminent domain, to bring about a long time project which would be a renewal project. Mr. Sharp suggested that this might be premature as the City is in the process of submitting our Housing Element to the State. Mrs. Kennedy and Mr. Welsh were in favor of studying this project but did not want to con~ait themselves to any condemnation by use of the power of eminent domain. It was moved by Saltarelli, seconded by Welsh, for staff to explore the possibilities of a new redevelopment area in that general vicinity and to bring back further information but to make no commitments to developers. Carried 4-0. COUNCIL MINUTES Page 2, 10-15-79 5. It was moved b~ Kennedy, seconded b~ Welsh, to adjourn at 4:29 P.M. to the next regular meeting on November 5, 1979. Carried. N MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 4:29 P.M. October 15, 1979 I. PUBLIC CONCERNS APPRECIATION FOR REMOVAL OF GRAFFITI FROM CENTENNIAL PARK AND COMMENDATION FOR POLICE CHIEF Kathy Weil, 1702 Summerville, representing Tustin Meadows Homeowners' Association, extended appreciation for the removal of graffi~i on the walls in Centennial Park and also to Chief Thayer for his efforts to make the people aware of the dangers regarding the recent murders in the area. STREET LIGHTS IN THE AREA OF DEBUSK, WALTER AND RALEIGH Dan Blankenship, City Administrator, acknowledged receipt of a petition from the residents in the area of Debusk, Walter and Raleigh, which is an area recently annexed, relating to installation of street lights. He said that this matter would be agendized for the next meeting. II. CONSENT CALENDAR 1. APPROVAL OF MINUTES - October 1, 1979. 2. APPROVAL OF DEMANDS in the amount of $137,986.27. RATIFICATION OF PAYROLL in the amount of $67,147.03. 3. RESOLUTION NO. 79-74 A Resolution ofthe' City Council of the City of Tustin, OPPOSING ASSEMBLY BILL NO. 1684 RELATING TO CONSTRUCTION SITE WATER CLOSETS Request the City Attorney to determine current status of bill; reques~ City Council to go on record opposing the proposed amend- ment(s) as an unnecessary burden on local government where past history has demonstrated the current enforcement procedures have been satisfactory; and adopt Resolution No. 79-74, as recommended by CoIm~unity Develol~ment Department. 4. RESOLUTION NO. 79-75 A Resolution of the City Council of the City of Tustin, California, DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF SIXTH STREET AND TO FIX A TIME AND PLACE OF PUBLIC HEARING THEREON Adoption of Resolution No. 79~75 as recommended by City Engineer. 5. SANTA ANA VALLEY IRRIGATION (SAVI) EASEMENT QUITCLAIM DEED Authorize the Mayor and City Clerk to execute the deed as recom- mended by the City Engineer. 6. NEWPORT AVENUE AHFP PROJECT NO. 765, 809 & 855 - FINAL REPORT Receive and File the Final Report as recommended by Engineering Department. 7. LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL AID PROJECTS WITHIN THE CITY OF TUSTIN Authorize the Mayor to execute the Local Agency-State Agreement for Federal Aid Projects as recommended by City Engineer. COUNCIL MINUTES Page 3, 10-15-79 8. RESOLUTION NO. 79-76 A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION Adoption of Resolution No. 79-76 and if no claims or stop payment notices are filed within 30 days of the date of recordation of the Notice of Completion, authorize payment of the final 10% retention ($28,544.49) at that time as recommended by Engineering Department. 9. RESOLUTION NO. 79-77 A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION Adoption of Resolution No. 79-77 and if no claims or stop payment notices are filed within 30 days of the date of recordation of the Notice of Completion, authorize payment of the final amount due of $7,370.44 as recommended by Engineering Department. 10. DON BRICKEY CLAIM (Date of Loss: 7/30/79) Denial of claim as recommended by City Attorney. 11. SURETY BOND B014483 (LarwinSquare Renovation Project) Release surety bond B014483 as recommendedby Community Development Department. Councilwoman Kennedy requested that Item No. 8 be removed from the Consent Calendar for further discussion. It was moved by Saltarelli, seconded by Sharp, that the Consent Calendar be approved as submitted except for Item No. 8. Carried 5-0. ITEM NO. 8 - RESOLUTION NO. 79-76 A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION Councilwoman Kennedy questioned the quality of the work done in Tustin Meadows. Bob Ledendecker, City Engineer, responded that the subcontractor had redone a portion of the work and he felt it would be satisfactory. He said that we would not be doing any business with this subcontractor in the future. It was moved by Saltarelli, seconded by Welsh, to adopt Resolution No. 79-76 and if no claims or stop payment notices are filed within 30 days of the date of recordation of the Notice of Completion, to authorize payment of the final 10% retention ~28,544.49) at that time. Mrs. Kennedy asked Mr. Ledendecker if he had any recommendations how we could avoid this in the future. Mr. Ledendecker explained that we could exclude the low bid contractors in the future if their work was questionable. The staff is working on some format that will protec~ us in the future. Motion carried 5-0. III. ORDINANCES FOR INTRO- DUCTION 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 first reading by title only. Carried 5-0. COUNCIL MINUTES Page 4, 10-15-79 Following the reading of the title of Ordinance No. 813 by Mary E. Wynn, Chief Deput~ City Clerk, it was moved by Kennedy, seconded by Saltarelli, that Ordinance No. 813 be introduced. Carried 5-0. IV. ORDINANCES FOR ADOPTION None V. OLD BUSINESS None VI. NEW BUSINESS 1. INDUSTRIAL WASTE DISPOSAL ORDINANCE Councilman Sharp stated that he had read the material and it seemed to him that there were several passages in the Ordinance from the City of Cypress that had conflicting statements with the programs in which the Sanitation Board is interested. He had sent a copy of the material to Fred Harper, Manager/Director of the joint agencies of the Sanitation Board with a promise from Mr. Harper that he would return it with his comments by our next meeting. It was moved by Kennedy, secondedby Saltarelli, to direct staff to pre- pare an Industrial Waste Disposal Ordinance which would include information received from the Sanitation District. Carried 5-0. VII. OTHER BUSINESS CYSTIC FIBROSIS PRESENTATION Dan Blankenship, City Administrator, asked for direction regarding agendi- zing a request for a 15 minute presentation for the purpose of educating the public regarding Cystic 'Fibrosis. Council concurred that if this were allowed, equal time would have to be granted to any other similar organization requesting the same. Staff was directed to communicate with them and explore alternate ways we could be helpful that would be appropriate with their goals. TUSTIN TILLER DAYS' INSURANCE Dan Blankenship, City Administrator, reported that Council had received a memo regarding the Tustin Tiller Days' insurance. John Turner, 17811 Bigelow Park, explained that at the License and Permit Board hearing, they were told that it would be a good idea to have $500,000 additional insurance for the equestrian entries in the parade. The staff did not want to make the decision and therefore he was bringing this for a Council decision. At present, every entry in the parade is covered with a $500,000 insurance policy. Councilwoman Kennedy wished to abstain on this matter. Dan Blankenship pointed out that these horses would be pulling carriages which would be a different situation from galloping horses. It was moved by Saltarelli, seconded by Welsh, to waive the additional $500,000 insurance coverage. Carried 4-0, Kennedy abstained. PROCLAMATION FOR MARY KELLY Councilman Welsh suggested that Mary Kelly should receive a proclamation for her work, crusade and spirit in launching the Wishing Well program several years ago. Council Concurred that staff should check to see if this had already been done and if not, do it. COUNCIL MINUTES Page 5, 10-15-79 LEAGUE OF CITIES SENIOR CITIZEN ADVISORY COMMISSION Councilman Welsh reported that the opening on the League of Cities Senior Citizen Advisory Commission had been filled by RUby May, a resident of Tustin. This is another representative from Tustin at the County level. She was recommended by Transportation, Lunch, Counseling Feedback Foundation (TLC). WATER SUPPLY FOR SOUTHERN CALIFORNIA Councilwoman Kennedy reported that the Santa Ana River Flood Protection Agency is also active in and concerned about the water supply for Southern California. She asked Council to concur that staff should look into the matter and get formal communication from the City Council to our repre- sentatives in Sacramento asking that they support whatever is necessary to bring water to this area. She asked that this be agendized for the next meeting. Council concurred. CHANGE OF SPHERE OF INFLUENCE It was moved by Saltarelli, seconded by Welsh, that staff be directed to communicate to the Local Agency Formation Commission that the City Council of Tustin will look favorably upon a change of sphere of influence proposal and an annexation proposal by the St. Jeanne de Lestonnac School at 16791 Main St., Tustin~ and the adjoining condominium projects should they wish to annex to the City of Tustin. Carried 5-0. SUMMER AQUATIC PROGRAM Councilman Saltarelli brought up the matter of the increase in rates by the School District for the use of their p0ol for the Summer Aquatic Pro- gram. He said that Council had agreed to support these programs if they were self supporting but if there is going to be a loss, staff should find other programs that can be self supporting. LAW ENFORCEMENT IN CENTENNIAL PARK Councilman Saltarelli asked the City Administrator to discuss with the Chief of Police the advisability of less congeniality in enforcement of the law and more citations given in Centennial Park. COMPLIMENTARY LETTER Mayor Schuster had received a complimentary letter on our/monitor program in Centennial Park from Kathy Weil. Councilman Sharp expressed that this was the third meeting that the Council had received kind words from the public and he appreciated this. DISEASES BROUGHT TO THE UNITED STATES BY THE BOAT PEOPLE Mayor Schuster had a resolution from Garden Grove regarding boat people with diseases coming into their area and he recommended that we should lend our support to this resolution. Councilwoman Kennedy reported that the League of Cities had voted to request a more stringent examination for foreigners coming into the area. MEETING OF INTER CITY COMMITTEE Mayor Schuster reported that an inter city committeescomposed of Costa Mesa, Newport Beach, Laguna Beach and Irvine had asked for a representative from the Tustin Council to meet with them on October 25th at 8:30 a.m. to discuss the sUbject of "Housing". VIII. ADJOURNMENT It was moved by Saltarelli, seconded by Kennedy, to adjourn at 5:17 P.M. to an Executive Session, and thence either reconvening today or adjourning to the next regular meeting on November 5, 1979. Carried. COUNCIL MINUTES Page 6, 10~15-79 MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 6:06 P.M. October 15, 1979 I. CALL TO ORDER The meeting was reconvened and called to order at 6:06 P.M. by Mayor Schuster. ROLL CALL Present: Councilpersons: Schuster, Sharp, Kennedy, Welsh Absent: Councilpersons: Saltarelli Others Present: Dan Blankenship, City Administrator James G- Rourke, City Attorney Mary E. Wynn, Chief Deputy City Clerk III. OTHER BUSINESS It was moved by Welsh, seconded by Sharp, to authorize filling the Recreation Specialist-Senior Citizens position and to further authorize establishing a second senior citizen position at a lower level in line with the actual duties of the former CETA position. Carried 3.1, Kennedy opposed and Saltarelli absent. Councilwoman Kennedy indicated her opposition to the motion was based on the excessive cost of that alternative. IV. ADJOURNMENT It was moved by Welsh, seconded by Kennedy, to adjourn at 6:08 P.M. to the next regular meeting on November 5, 1979. Carried. ' ~' MAY6R '