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HomeMy WebLinkAboutCC MINUTES 1979 09 04 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way September 4, 1979 I. CALL TO ORDER The meeting was called to order by Mayor Schuster at 3:28 P.M. ~II. ~ROLL CALL Present: Councilpersons: Schuster, Sharp, Kennedy, Welsh , Absent: Councilpersons: Saltarelli 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 III. NEW BUSINESS Dan Blankenship, City Administrator, asked that New Business No. 7 be heard at this time. 7. APPROVAL OF ANNEXATION NO. 117 (Irvine/Peters Canyon) It was moved by Welsh, seconded by Kennedy, to adopt Resolution No. 79-67 approving Annexation No. 117. Councilman Welsh stated that since he initiated this well over a year ago, and since it will be one of the most significant annexations that our City will have accomplished for the future of the City, it gave him great pleasure to forward this cause and he thanked the City Attorney for the outstanding job in defending the citizens of our community in court. Motion carried 4-0, Saltarelli absent. ~IV. PUBLIC CONCERNS None V. CONSENT CALENDAR 1. APPROVAL OF MINUTES - August 20, 1979. 2. APPROVAL OF DEMANDS in the amount of $128,550.18. RATIFICATION OF PAYROLL in the amount of $64,673.36. 3. RESOLUTION NO. 79-64 A Resolution of the City Council of the City of Tustin, APPROVING THE CITY'S COOPERATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE. Adoption of Resolution No. 79-64 as recommended by Community Development Department. 4. RESOLUTION NO. 79-65 A Resolution of the City Council of the City of Tustin, APPROVING TENTATIVE PARCEL MAP 79-1033. Adoption of Resolution No. 79-65 as recommended by Community Development Department. 5. RESOLUTION NO. 79-66 A Resolution of the City Council of the City of Tustin, California, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RSCORDATION OF NOTICE OF COMPLETION Adoption of Resolution No. 79-66 as recommended by City Engineer. 6. SANTA ANA VALLEY IRRIGATION (SAVI) EASEMENT QUITCLAIM DEED Authorize the execution of the deed as recommended by City Engineer. COUNCIL MINUTES Page 2, 9-~4-79 7. 6th STREET EXTENSION TO NEWPORT AVENUE, RIGHT-OF-WAY ACQUISITION Authorize the execution of the agreement and the acceptance of the two grant deeds as recommended by City Engineer. 8. CONTRACT FOR UNIFORM MAINTENANCE Acceptance of bid of L & N Uniform Supply Company and authorization to execute a contract for 30 months as recommended by Maintenance Supervisor and Finance Director. 9. LUCKY STORES, INC. A CALIFORNIA CORPORATION V. COUNTY OF ORANGE, CITY OF TUSTIN, ET AL. OCSC NO. 31-32-66 Authorize the defense of the City in this matter by the County Counsel of the County of Orange as recommended by City Attorney. 'It was moved by Sharp, seconded by Kennedy, that the Consent Calendar be approved as submitted. Carried 4-0, Saltarelli absent. VI. ORDINANCES FOR INTRO- DUCTION 1. ORDINANCE NO. 810 An Ordinance of the City Council of the City of Tustin, California, ENDING THE TUSTIN CITY CODE RELATING TO ADMINISTRATION OF THE BUSINESS LICENSE TAX It was moved by Kennedy, seconded by Welsh, that Ordinance No. 810 have first reading by title only. Carried 4-0, Saltarelli absent. Following the reading of the title of Ordina~c~ ,No. 8!0 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Welsh, seconded by Kennedy, that Ordinance No. 810 be introduced. Carried 4-0, Saltarelli absent. VII. ORDINANCES FOR ADOPTION None VIII. OLD BUSINESS 1. APPOINTMENT TO CAL TRANS AESTHETIC ADVISORY COMMITTEE Councilman Welsh informed Council that he had talked to a man at the League of Cities' meeting who was going to submit a letter of interest in this committee. It was moved by Welsh, seconded by Kennedy, to continue this item to the September 17th meeting and that staff should schedule interviews for any new applicants for 3:00 P.M. on Friday, September 7, 1979. Carried 4-0, Saltarelli absent. 2. MORATORIUM OF CONVERSIONS OF APARTMENTS TO CONDOMINIUMS, COMMUNITY APARTMENT PROJECTS, AND STOCK COOPERATIVES Mike Brotemarkle, Community Development Director, gave the staff report. He said that since writing the staff report, they had received one new Use Permit application for condominium conversion and had had 2 Or 3 inquiries about others the last few days. Nick Ogden, 13841 Red Hill Ave., with!TLC Senior Citizens, spoke in favor of the moratorium. John Harty, 14 Mountain View, Irvine and Jim Manning, 1534 Irena, Encinitas, representatives of property owners, spoke in opposition to the moratorium. Councilman Sharp commented that we need more input from single family owners and other residents before we take this action. Councilman Welsh said that the four month moratorium would give the staff the necessary opportunity to update the Housing Element which looks at our mixture of apartments and housing for all segments. COUNCIL MINUTES Page 3 9~4~79 It was moved by Welsh, seconded by Kennedy, that Ordinance No. 811 have reading by title only. Carried 4-0, Saltarelli absent. Following the reading of the title of Ordinance No. 811 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Welsh, seconded by Kennedy, that Ordinance No. 811 be adopted as an urgency ordinance. Roll Call Vote: AYES: Kennedy, Welsh NOES: Schuster, Sharp ABSENT: Saltarelli The motion failed. It was moved by Welsh, seconded by Sharp, that this moratorium of conversions of apartments to condominiums, community apartment projects and stock coop- eratives be advertised as a Public Hearing for the September 17, 1979 meeting. Carried 4-0, Saltarelli absent. IX. NEW BUSINESS 1. CLAIM ADMINISTRATION AUDIT It was moved by Kennedy, seconded by Sharp, to award the bid to review the administrators' performance in self-insured entities to the low bidder, Warren, McVeigh, Griffin and Savage for $2,500 and to authorize the execution of a contract and expend $1,250 from the worker's compensation reserve fund and $1,250 from the medical benefits reserve fund for this purpose. Carried 4-0, Saltarelli absent. 2. EXTENSION OF CONTRACT, COMMUNITY DEVELOPMENT CONSULTANT It was moved by Welsh, seconded by Kennedy, that the present one-year contract with Ken Fleagle, Community Development Consultant, which expires on September 11, 1979, be extended under the same terms and conditions to September 11, 1980. C~rried 4-0, Saltarelli absent. 3. ADOPTION OF RECREATION POSITION TO CITY CLASSIFICATION PLAN It was moved by Sharp, seconded by Kennedy, that the job descriptions for the positions of Recreation Specialist-Sports and Recreation Specialist- Senior Citizens be adopted into the City Classification Plan, and that the positions of Recreation Technician be abolished. Carried 4-0, Saltarelli absent. 4. REQUEST TO FILL VACANCIES It was moved by Welsh, seconded by Kennedy, to fill the vacancies of 3 Police Officers in the Police Department. Carried 4-0, Saltarelli absent. 5. AUTHORIZATION OF BASIC BUS SERVICE It was moved by Welsh, seconded by Kennedy, to authorize adding the two positions of dispatcher/clerk and driver to the Maintenance Department budget for the nine month balance of the fiscal year at a cost of $19,500, to authorize purchase of the two radios necessary at a cost of $3,500, and to delete the previous $12,000 contract bus service appropriation which will be a net appropriation of $11,000 and will establish a continuation of the present minimal basic bus service for the balance of the year. Councilman Welsh asked staff if they would again communicate with the Orange County Transit District to see if they would recognize our efforts and see if they would provide bus service. The City Administrator indicated this would be done and that a further report would be submitted at the next Council meeting on BuS Service Alternatives. Motion carried 4-0, Saltarelli absent. COUNCIL MINUTES Page 4, 9-4-79 6. 1979 TILLER DAYS CELEBRATION PARADE BUDGET It was moved by Sharp, seconded by Kennedy, to approve dispensation of $2,000 for support of the Jaycees' plans ~or the TillersDays Celebration. Carried 4-0, Saltarelli absent · 7. APPROVAL OF ANNEXATION NO. 117 The action on this item is recorded on Page 1 of these minutes. X. OTHER BUSINESS SETTING OF TAX FOR THE BONDED INDEBTEDNESS Councilman Welsh said that at the time we acted upon setting of the tax for the bonded indebtedness, we did it without having the final figures from the County and that he now understands that we have the final figures and the assessed valuation was substantially higher than originally anti- cipated. Dan Blankenship, City Actministrator, responded that the County has found that they made a mistake and counted the new construction twice and they included public buildings which are exempted and therefore we do not have the final figure. XI. ADJOURNMENT It was moved by Sharp, seconded by Schuster, to adjourn at 5:07 P.M. to the 7:30 P.M. meeting. Carried. MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way September 4, 1979 7:32 P.M. I. CALL TO ORDER The meeting was called to order by Mayor Schuster at 7:32 P.M. II. ROLL CALL Present: Councilpersons: Schuster, Sharp, Kennedy Absent: Councilpersens: Saltarelli, Welsh Others Present: Dan Blankenship, City Administrator James ~. Rourke, City Attorney Mike Bretemarkle, Community Development Directer Mary E. Wynn, Chief Deputy City Clerk III. PUBLIC HEARINGS 1. SALE OF SURPLUS PROPERTY - Sixth Street Beb Ledendeoker, City Engineer, gave the staff report stating that we had received 6 bids, 1 lease proposal, and a letter from the Boy's Club. He recommended that the Council consider all new offers, increased offers, protests, and determine to whom the surplus property is to be sold. The Public Hearing was opened at 7:37 P.M. Richard B. Edgar, 13622 Loretta Drive, noted that the sale of the youth property had as one of the factors the commitment by the Couneil for comparable facilities, He asked that they use the money from the sale of this property for a youth recreational facility. Dan Blankenship, City Administrator, responded that the Youth Center was built by donations from residents. The City Council is not obligated to restrict the sale of this property. Staff has recommended this money should be set aside, however, this is not an obligation. COUNCIL MINUTES page 5~ 9-4-79 The bidding was as follows: BIDDER INCREASED BID John H~rney for Walter J. Fredriksen/John J. Harney $225,000.00 Lyle Foste~ for Foster Arts Service, Inc. 235,000.00 E. O. Rodeffer For E. O. Rodeffer & R. A. Hawthorne 240,000.00 Lyle Foster for Foster Arts Service, Inc. 250,000.00 John Harney for Walter J. Fredriksen/John J. Harney 275,000.00 Lyle Foster for Foster Arts Service, Inc. 290,000.00 John Harney for Walter J. Fredriksen/John J. Harney 325.000.00 ~ Lyle Foster for Foster Arts Service, Inc. 335.000.00 John Harney for Walter J. Fredriksen/John J. Harney 350.000.00 ~ Lyle Foster for Foster Arts Service, Inc. 360000.00 John Harney for Walter J. Fredriksen/John J. Harney 375 000.00 Lyle Foster for Foster Arts SerVice, Inc. 385 000.00 John Harney for Walter J. Fredriksen/John J. Harney 400 000.00 Lyle Foster for Foster Arts Service, Inc. 425 000.00 It was moved by Sharp, seconded by Kennedy, to receive the final bid of $425,000.00 from Foster Arts Service, Inc], 430 W. 6th Street, Tustin, CA. Walter Foster said that he intended to build buildings the same type as he now has on the adjacent property and that the bid was contingent upon him being able to do that. Attorney Rourke replied that the City Council has no right to make any stipulations. The zoning for the property is Planned Industrial and he will have to go through the regular planning and building requirements. Mr. Foster agreed. ROll Call Vote: AYES: Schuster, Sharp, Kennedy NOES: None ABSENT: Saltarelli, Welsh It was moved by Sharp, seconded by Kennedy, for a temporary recess at 7:55 P.M. Carried. COUNCIL RECONVENED AT 8:06 P.M. PUBLIC HEARINGS (Continued) 2. PUBLIC HEARING ON POSSIBLE ORDINANCE PROHIBITING SALE OR USE OF FIREWORKS Dan Blankenship, City Administrator, gave the staff report stating that the City Council had requested that this item be on the agenda. Chief Trotter is here to speak from the Orange County Fire Department. The Public Hearing opened at 8:08 P.M. The following teenagers spoke against banning the fireworks because the 4th of July is the 6ne time each year that we are privileged to celebrate our country's independence: Jim Strawn, 14901 Foxcroft Rd., Tustin · Brian Chee~ 14891 Foxcroft Rd., Tustin Chief Trotter from the Orange County Fire Department spoke giving reasons and statistics why fireworks should be banned~ He thinks the total ban of all cities is the answer. Chief Thayer, Tustin Police Chief, spoke in favor of banning fireworks. John Stallard, 13362 Winthrope St., Santa Ana, who has worked with Girl Scouts and Jobs Daughters, has sold fireworks for years and was opposed to banning them as they bring in about 70% of their funds. He said that if you do not ban fireworks in all cities, you cannot control them. It was moved by Kennedy, seconded by Sharp, to continue this item to the next meeting. Carried 3-0, Saltarelli and Welsh absent. COUNCIL MINUTES Page 6, 9-4-79 REDEVELOPMENT AGENCY MEETING The Recording Secretary declared the meeting adjourned for lack of a quorum. MEETING OF TUSTIN CITY COUNCIL RECONVENED I. PUBLIC CONCERNS DIAL A RIDE AND FIXED BUS ROUTE Jim Strawn, 14901 Foxcroft, and Brian Chee, 14891 Foxcroft, spoke regarding Dial A Ride. They were thinking along lines of having another bus with a fixed route which would have a transfer system as well as the Dial A Ride bus. Councilwoman Kennedy asked staff if they would check into the possibility of a transfer system and communicate their findings to these two young men. SETTING OF TAX FOR THE BONDED INDEBTEDNESS Richard B. Edgar, 13622 Loretta Drive, asked if we had received the updated assessments. Dan Blankenship, City Administrator, responded that we had discussed this in the afternoon meeting. This is recorded on p~ge~4!ofthese minutes. II. OTHER BUSINESS REVISIONS TO THE TUSTIN CITY CODE Dan Blankenship, City Administrator, reported that the City i~ distributing the Code Amendments which update the Code through January of this year. REPORT FROM JANSVU DEVELOPERS Councilwoman Kennedy said that she had questions about the report from Jansvu and asked if there was anyone in the audience to speak for them. , Dan O'Conner, a resident of Tustin and a representative from Jansvu, spoke saying that they had covered everything in the report they had submitted to the Council and that they had not failed to fulfill any obligations they had made to the Council.. Councilwoman Kennedy said that she thought we ha~ a massive communication problem as she does not get the same answers whether it is from staff, tenants or developer. She felt we would have to get the interpretation from the tapes. Lorene Asanovich, one of the last tenants to move, spoke saying that She never heard anyone say anything about assistance in moving or $2500 offer for moving. It was the concensus of the Council that staff should consolidate all the hearings on this matter on one tape for the City Attorney to make a determination. DYNACHEM AND OTHER ODORS Councilwoman Kennedy reported about an article in the paper where Air Quality Management District had set up tests with Los Angeles where they repeated the incidents to identify the fumes. She asked staff to accept the responsibility to set up like tests f~ Tustin for the odors from Dynachem and on Newport Avenue. Dan Blankenship, City Administrator, said that we can attempt to do this. COUNCIL MINUTES Page 7, 9-4-79 ASSEMBLY BILL 8 Mayor Schuster had a letter from Anaheim regarding Assembly Bill 8 and asked staff to make copies to distribute to other Councilpersons. He said this bill is taking control away from Cities and giving it to the State. Dan Blankenship, City Administrator, responded that the League of Cities is attempting to resolve this matter. PROCLAMATIONS Council approved preparing a proclamation declaring October as United Way Month and a proclamation declaring Sept. 17 through Sept. 23 as Constitution Week for the Daughters of the American Revolution. LETTER OF APPRECIATION TO POLICE DEPARTMENT Mayor Schuster reported that he had received a letter of appreciation from Dr. Fred Percy to Sgt. Wedemeyer of the Police Department regarding the Campbell matter. III. ADJOURNMENT It was moved by Kennedy, seconded by Sharp, to adjourn at 9:42 P.M. to the next regular meeting on September 17, 1979. Carried.