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 '