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HomeMy WebLinkAboutCC MINUTES 1979 06 18 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way June 18, 1979 I. CALL TO ORDER The meeting was called to order at 4:56 P.M. by Mayor Schuster. ~"~II. ~ROLL CALL Present: Councilpersons: Schuster, Saltarelli, Kennedy, Welsh ! Absent: Councilpersons: Sharp Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Alan Warren, Assistant Planner Ruth C. Poe, City Clerk Mary E. Wynn, Chief Deputy City Clerk III. PUBLIC CONCERNS None IV. CONSENT CALENDAR 1. APPROVAL OF MINUTES - June 4, 1979 2. APPROVAL OF DEMANDS in the amountof $213,219.00. RATIFICATION OF PAYROLL in the amount of $59,623.26. 3. RESOLUTION NO. 79-40 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CITY OF TUSTIN FISCAL YEAR1978-79 SUPPLEMENTARY STREET MAINTENANCE PROGRAM AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Adoption of Resolution No. 79-40 as recommended by City Engineer. 4. RESOLUTION NO. 79-41 A Resolution Of the City Council of the City of Tustin, SUPPORTING THE SAFER OFF-SYSTEM ROADS PROGRAM AND REQUESTING CONGRESS TO APPRO- PRIATE THE REMAINING FUNDS AUTHORIZED FOR THE 1978 FISCAL YEAR AND APPROPRIATE THE FULL AUTHORIZATION FOR THE 1979 FISCAL YEAR. Adoption of Resolution No. 79-41 as recommended by City Engineer. 5. RESOLUTION NO. 79-42 A Resolution of the City Council of the City of Tustin ESTABLISHING A ONE (1) YEAR CLAIMS REQUIREMENT FOR DAMAGES OR MONEY RESULTING FROM ITEMS EXCEPTED FROM GOVERNMENT CODE SECTION 905. Adoption of Resolution No. 79-42 as recommended by City Attorney. 6. RESOLUTION NO. 79-43 A Resolution of the City Council of the City of Tustin, APPROVING FINAL PARCEL MAP 79-1030. Adoption of Resolution No. 79-43 as recommended by the Community Development Department. 7. RESOLUTION NO. 79-44 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF SYCAMORE AVENUE PEDESTRIAN CROSSING. Adoption of Resolution No. 79-44 as recommended by the City Engineer. 8. RESOLUTION NO. 79-45 A Resolution of the City Council of the City of Tustin RESTATING THE APPROVED CITY BUDGET OF THE CITY FOR THE 1978-79 FISCAL YEAR Adoption of Resolution No. 79-45 as recommended by City Administrator. COUNCIL MINUTES Page 2, 6-18-79 9. APPOINTMENT OF COMMUNITY DEVELOPMENT DIRECTOR Approval of appointment of Michael Wayne Brotemarkle as Community Development Director as recommended by the interviewing committee. 10. 6TH STREET EXTENSION TO NEWPORT AVENUE, RIGHT OF WAY ACQUISITION Authorize the Mayor and City Clerk to execute the agreements and authorize the City Clerk to accept the deed as recommended by Engineering Department. 11. PETERS CANYON BIKE TRAIL AGREEMENT (Revised) Authorize the Mayor to execute the revised agreement as recommended by City Engineer. 12. JAMBOREE STUDY Direct staff to complete a full review and evaluation of the existing Jamboree Road alignment as recommended by City Engineer. 13. AGREEMENT FOR BUS SERVICE FROM TUSTIN UNIFIED SCHOOL DISTRICT Approve and authorize the Mayor to execute the Agreement as recommended by Parks and Recreation Director. 14. SPECIAL ENFORCEMENT PROGRAM AT CENTENNIAL PARK Authorize the appropriation of $4,860 to pay the expenses of this program as recommended by Finance Director. 15. RESOLUTION NO. 79-46 A Resolution of the City Council of the City of Tustin, APPROVING FINAL TRACT 10258 Adoption of Resolution No. 79-46 as recommended by Community Development Department. Councilwoman Kennedy asked that Items No. 1 and 7 be removed from the Consent Calendar for further discussion. It was moved by Saltarelli, seconded by Welsh, to approve the Consent Calendar with the exceptions of Items No. 1 and 7 as submitted. Carried 4-0, Sharp absent. ITEM NO. 1 - MINUTES OF JUNE 4, 1979 MEETING. It was moved by Saltarelli, seconded by Welsh, to approve the Minutes of the June 4, 1979 meeting as submitted. Carried 3-0, Sharp absent, Kennedy abstaining because she was absent for that meeting. ITEM NO. 7 - RESOLUTION NO. 79-44 Councilwoman Kennedy stated that she was opposed to any traffic on Sycamore between Tustin Meadows and Peppertree tracts except for emergency vehicles, and she will oppose any future attempts to open this street to traffic. Council concurred with her sentiments. Sharp absent. In response to Councilwoman Kennedy's question about how emergency vehicles would gain access, Dale Wick, Assistant City Engineer, said that keys would be furnished to the emergency services for the locks that would be on the gates at the crossing. It was moved by Kennedy, seconded by Welsh, to pass and adopt Resolution No. 79-44. Carried 4-0, Sharp absent. V. ORDINANCES FOR INTRO- DUCTION None VI. ORDINANCES FOR ADOPTION 1, ORDINANCE NO. 804 An Ordinance of the City of Tustin, California, REZONING CERTAIN PROPERTY FROM RETAIL COMMERCIAL (C-l) TO COMMERCIAL GENERAL (CG) KNOWN AS ZONE CHANGE 79-1 COUNCIL MINUTES Page 3, 6-18~79 It was moved by Saltarelli, seconded by Welsh, that Ordinance No. 804 have second reading by title only. Carried 4-0, Sharp absent. Following the reading of the title of Ordinance No. 804 by Mary E, Wynn, Chief Deputy City Clerk, it was moved by Saltarelli~ seconded by Welsh, that Ordinance No. 804 be passed and adopted. Roll Call Vote: AYES: Schuster, Saltarelli, Kennedy, Welsh NOES: None ABSENT: Sharp VII. OLD BUSINESS ITEMS 1 and 2, PROGRAMS FOR TEENAGERS AND BUS AGREEMENT Council concurred that Itemsl and 2 should be heard at the 7:30 P.M. meeting. 3 .REQUEST FOR CITY TO PROHIBIT USE OF ANIMALS FOR TESTING It was moved by Saltarelli to withdraw our letter of support of the Westminster resolution and to take a neutral position and that all further correspondence be directed to the Board of Supervisors. Motion died for lack of a second. After discussion regarding hearing public comments on agenda matters that were not "Public Hearings", CouncilmanSaltarelli asked that staff agendize for the next meeting the subject, "Who is to be heard under the Public Concerns portion of the Agenda". Council concurred. VIII. NEW BUSINESS 1. REQUEST FROM JACK AND JILL GUILD TO BE A CITY ENDORSED CHARITABLE SERVICE ORGANIZATION It was moved by Saltarelli, seconded by Welsh~ to approve the request from Jack and Jill Guild to be a City Endorsed Charitable and Service Organiza- tion. Carried 4-0, Sharp absent. 2. REQUEST FOR USE OF CITY EQUIPMENT AND MANPOWER It was moved by Saltarelli, seconded by Welsh, to deny the request for use of City equipment and manpower for placement of buntings by the Tustin Meadows Homeowner's Association. Carried 4-0, Sharp absent. Councilwoman Kennedy did not understand, until after the vote on the motion, that this was a complete denial of their request. She had understood that the motion was to provide the staff and equipment for the fees given in the City Engineer's staff report. Council concurred to hear this matter again at the 7:30 P.M. meeting. 3. REQUEST TO FILL VACANCIES OF ENGINEERING AID IN THE ENGINEERING DEPARTMENT AND COMMUNICATIONS OFFICER IN THE POLICE DEPARTMENT It was moved by Saltarelli, seconded by wels~, to authorize the recruitment and hiring of an Engineering Aide within the Engineering Department and to fill the vacancy of Cormnunications Officer in the Police Department. Carried 4-0, Sharp absent. 4. AWARD OF BID FOR FISCAL YEAR 1978-79 STREET MAINTENANCE PROGRAM Bids received for this project were: Sully-Miller Contracting Co., Orange ................. $72,685.95 R. J. Noble Co., Orange .............................. $76,524.56 Griffith Co., Irvine ...................... ........... $88,521.42 It was moved by Saltarelli, seconded by Welsh, to award the contract for the Fiscal Year 1978-79 Street Maintenance Program to Sully-Miller Contracting Co., of Orange, California and to authorize staff to negotiate with Sully- Miller Co;, to add the following additional work to the project: COUNCIL MINUTES Page 4, 6~18-79 Main Street from Newport Avenue to Bryan Avenue, and Bryan Avenue from Main Street to Redhill Avenue, for an additional cost of $41,000~00. Motion carried 4-0, Sharp absent. ADJOURNMENT It was moved by Saltarelli, seconded by Kennedy, to adjourn at 5:31 P.M. to an Executive Session and thence to the 7:30 P.M. meeting. Carried. MINUTES OF A REGUIAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS June 18, 1979 7:30 P.M. CALL TO ORDER Following the Planning Agency meeting, the Council meeting was called to order at 9:05 P.M. by Mayor Schuster. II. ~ ROLL CALL Present: Councilpersons: Schuster, Saltarelli, Sharp, Kennedy, Welsh : Absent: Councilpersons: None Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Alan Warren, Assistant Planner Mary E. Wynn, Chief Deputy City Clerk III. PROCLAMATION Following the reading by Mayor Schuster of a Proclamation for Santa Aria First Federal Savings and Loan, the Proclamation was accepted by Fir. Cliff Benson, President, and Mr. Jim Farnberg, District Manager. IV. PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING ON CITY'S 1979-80 FISCAL YEAR BUDGET The staff report was given by Dan Blankenship, City Administrator. The Public Hearing was opened at 9:11 P.M. Richard B. Edgar, 13622 Loretta Drive, suggested that the City consider undergrOunding some of the utilities along Yorba St. when that street is widened. He said that there is a $500 credit for each pole that is removed that the City would receive. Mayor Schuster commented that it would be worth looking into. Ron Hoesterey, 2251 Caper Tree, asked how the Redevelopment Agency reimburses the City for the $1,125,000 loan. Dan Blankenship, City Administrator, responded that the Redevelopment Agency will receive approximately $260,000 for a period of~30 years from tax incre- ment funds from the property taxes of businesses and property within the Redevelopment area. It was moved by Kennedy, seconded by Welsh, to continue the Public Hearing to an adjourned meeting on June 25, 1979 at 4:30 P.M. in the Council Chambers. Motion carried 4-1, Saltarelli opposed. COUNCIL MINUTES Page 5, 6-18-79 It was moved by Saltarelli, seconded by Sharp, to recess at 9:27 P.M. to the Redevelopment Agency meeting. Carried 5-0. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY JUNE 18, 1979 1. The meeting was called to order at 9:27 P.M. by Chairman Saltarelli. ~-~ ! 2. Present: Members: Saltarelli, Sharp, Kennedy, Welsh ~ Absent: Members: None 3. Approval of Minutes of June 4, 1979 meeting. It was moved by Sharp, seconded by Welsh, to approve the Minutes of the June 4, 1979 meeting. Carried unanimously~ 4-0. 4. RESOLUTION NO. RDA 79-5 A Resolution of the Tustin Community Redevelopment Agency of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR SIXTH STREET EXTENSION TO NEWPORT AVENUE AND DIRECTING THE SECRETARY TO ADVERTISE FOR BIDS It was moved by Welsh, seconded by Kennedy, to pass and adopt Resolution No. RDA 79-5. Carried 4-0. 5. RESOLUTION NO. RDA 79-6 A Resolution of the Tustin Community Redevelopmerit Agency of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNAL MODIFICATION AT EL CAMINO REAL AND MAIN STREET; EL CAMINO REAL AND FIRST STREET; AND TRAFFIC SIGNAL INSTALLATION AT FIRST STREET AND CENTENNIAL WAY AND DIRECTING THE SECRETARY TO ADVERTISE FOR BIDS. It was moved by Sharp, seconded by Kennedy;, to pass and adopt Resolution No. RDA 79-6. Carried 4-0. 6. AWARD OF BID - FIRST STREET UTILITY UNDERGROUND DISTRICT NO. 4 (Larwin Square ) The following was the only bid received: Delta Pipeline, Stanton ....... i__~ ............ $ 78,796.65 It was n~Dved by Welsh, seconded by Kennedy, to award the bid to Delta Pipeline of Stanton in the amount of $78,796.65. Motion carried 4-0. 7. APPROPRIATION AND LOAN FOR TUSTIN COMMUNITY REDEVELOPMENT AGENCY PROJECT It was moved by Welsh, seconded by Kennedy, to accept the loan of $1,125,000 from the City and appropriate $984,500 for the E1 Camino Real Undergrounding Project in FY 1978-79. Motion carried 4-0. 8. It was moved by Kennedy, seconded by Sharp, to adjourn at 9:31 P.M. to the next regular meeting on July 2, 1979. Carried. COUNCIL MINUTES Page 6, 6-18-79 MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 9:31 P.M. June 18, 1979 Mayor Schuster declared a five minute break. I. PUBLIC CONCERNS TRAFFIC PROBLEMS IN 17TH STREET AREA Helen Edgar, 13622 Loretta Drive, thanked the City for putting up the signs at Manny's to help the traffic problem. Mrs. Edgar reported that last week at 17th St. and Yorba, and Yorba, Carroll Way and 17th, the lights both turned red on 17th at the same time. The traf- fic was backed up over the bridge of the freeway. Cars coming off of the north ramp of the freeway could not get off. They could not even turn right. She suggested that the lights could be changed to help the flow of traffic. UNSIGHTLY LOT OFF 17TH STREET Helen Edgar said that an empty lot in back of Standard Oil and Manny's was being used by people to dump their trash, concrete and other debris. Mayor Schuster responded that Gene Snyder, Public Services Assistant, was taking care of this matter and was talking to the owners of the lot about possibly erecting a fence and posting the lot. PROCLAMATIONS Richard B. Edgar, 13622 Loretta Drive, was in favor of the Proclamation that was given to Santa Aria First Federal Savings and Loan at this meeting. He praised the remodeling of the old home at the southeast corner of Yorba and Irvine and asked if the developers had ever received a proclamation for their accomplishments. , Council concurred that they should receive a proclamation. GENERAL PLAN AMENDMENTS Mr. Edgar asked if the City has had any obligations to make any General Plan amendments. Dan Blankenship, City Administrator, responded that there have been none this year. He said there were none pending unless there was a potential for one because of the Irvine annexation. USE OF CITY EQUIPMENT AND MANPOWER Elmer Wittmeyer, 1651 Greenmeadow, from the Tustin Meadows Community Associ- ation, asked for the use of the City equipment with the same consideration as the Chamber of Commerce for Tustin Tiller Days. He said they would be willing to pay for the manpower. Mayor Schuster said that this would be brought up under New Business NO. 2. PARK BENCHES IN CENTENNIAL PARK Mr. Wittmeyer asked when the park tables and benches, that were removed about 4 weeks ago for refurbishing, would be back in Centennial Park. He was told that they would be back prior to the 4th of July. JAMBOREE ROAD ALIGNMENT Ron Hoesterey, 2251 Caper Tree, asked the Council that since this subject would not be ready to be heard for about 3 or 4 months, would they ask the staff to inform the affected Homeowner's Associations of any decisions made in the industrial area for building permits and that type of activity that would limit the alternatives for realignment which would by inaction, cause an action to keep the alignment where it is now. Dan Blankenship, City Administrator, responded that they would be notified if something of this nature comes up. COUNCIL MINUTES Page 7, 6~18~79 II. OLD BUSINESS 1. PROGRAMS FOR TEENAGERS It was moved b~ Saltarelli, seconded by Kennedy, to receive and file the staff report and to take this item up at the adjourned meeting on June 25, 1979 at 4:30 P.M. when the continued Budget Hearing is heard. Carried 5-0. 2. BUS AGREEMENT Attorney Rourke gave the latest changes in the agreement that were agreeable with the Xennex Company as well as himself. It was moved by Saltarelli, seconded by Kennedy, to authorize the City to execute the agreement with the changes given by the City Attorney. Carried 510. 3. REQUEST FOR CITY TO PROHIBIT USE OF ANIMALS FOR TESTING It was moved by Saltarelli, seconded by Sharp, that the City take a position of no position on the matter of prohibiting use of animals for testing and refer those who have concerns on either side of the issue to the Board of Supervisors who are the ultimate authority in regard to what happens. Councilwoman Kennedy said that as a City, we are concerned with both aspects of the matter and particularly that humane standards be enforced and that safeguards be set up to make sure they are enforced. Motion carried 5-0. Judy Striker, Costa Mesa, spoke in favor of supporting the Westminster resolution which would not allow the animals from Tustin to be used for research. Dr. Ronald Carlsberg from the University of California, Irvine, urged the Council to adopt an affirmative resolution that would permit the animals to be used for research. III. NEW BUSINESS 2. REQUEST FOR USE OF CITY EQUIPMENT AND MANPOWER William Allen, 14872 Featherhill Rd., President of Tustin Meadows Community Association, asked to have the services of the City equipment and manpower to put up the buntings for their 4th of July activities and they would be willing to pay for the services. Following discussion regarding liability, workmen's compensation, and renting equipment, it was moved by Sharp, seconded by Welsh, that Council grant permission for City manpower and equipment to put up the buntings for the Association and to charge the fees set forth in the staff report. Carried 5-0. 5. REVISED CC& R'S FOR ENDERLE GARDENS Kenneth A. Bryant, 550 Golden Circle, Santa Aria, Attorney for Enderle Gardens stated that the CC & R's were agreeable to them with the two proposed changes. It was moved b~ Saltarelli, seconded by Welsh, to approve the CC & R's of Enderle Gardens as submitted , with the proviso that they are going to be further amended to reflect that their effectiveness is to be conditioned upon them being executed and approved by 2/3's of the owners of each of the tracts and that the Homeowner's Association will provide the City with !e~; a hold harmless agreement Eelative to any liability or claim that may arise from the age restriction, with both of these amendments being subject to the approval of the City Attorney. Carried 5-0. 6. PROPOSED CHANGES FOR REPRESENTATION ONCOUNCILCOMMITT~:~ It was moved by Sharp, seconded by Saltarelli~ toapprovethe appointment of Councilman WelSh as representative to Orange County Sanitation District #7, to be effective at the close of the july 11, 1979 meeting and that he COUNCIL MINUTES Page 8, 6-18-79 be seated at the August 8, 1979 meeting; and approve the appointment of Councilwoman Kennedy as representative to National Organization to Insure a Sound-Controlled Environment (N.O.I.S.E.)- Carried 5-0. Councilman Saltarelli announced that Councilman Sharp had been nominated Vice Chairman of Sanitation District No. 1. Councilman Sharp said that there had never been a better Joint Chairman than Councilman Saltarelli. He recommended that he be given a commenda- tion for the fine job that he had done. Council concurred to give him a commendation for his excellent work as Joint Chairman. 7. ORDINANCE NO. 805 An Ordinance of the City of Tustin, AMENDING SUBPARAGPAPH 1 OF SUBSECTION b OF SUBSECTION 9226, TUSTIN CITY CODE, RELATIVE TO R-3 MULTIPLE FAMILY RESIDENTIAL DISTRICTS. It was moved by Saltarelli, seconded by Sharp, that Ordinance No. 805 have first reading by title.only. Carried 5-0. FolloWing the reading of the title of Ordinance No. 805 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Kennedy, seconded by Sharp, that Ordinance No. 805 be introduced. Carried 5-0. Councilman Welsh requested that Council address the issue of Condominiu~ Conversions as an agendized item, to insure a more restrictive version of Condominlum Conversions. He said that we have new and different problems that we need to discuss. This matter to be agendized for the Planning Agency first. 8. REPLACEMENT OF POLICE DEPARTMENT WEAPONS It was moved b~ Kennedy, seconded by Welsh, to approve changing the Model 59 semi-automatic pistol and other goods for Smith and Wesson Model 66, 38 caliber revolvers and related leather equipment, and authorize the purchase and exchange as recommended to the lowest bidder, Western Lawman Incorporated. Carried 5-0. IV. OTHER BUSINESS EXECUTIVE SESSSION Attorney Rourke asked for an Executive Session following the meeting for status of litigation matters. Council concurred. ANIMALS FOR RESEARCH Councilwoman Kennedy requested the Tustin News that if they did an article on animal research, that they include the fact that individuals can sign a paper that their pets not be used for research. LETTERS OF SUPPORT Mayor Schuster asked Dan Blankenship to send letters to Orange County cities asking for their support of CounCilman Welsh for the position of Second ViCe- President of the Orange County Division of the League of California Cities. V. ADJOURNMENT It was moved by Kennedy, seconded by Saltarelli, to adjourn at 10:50 P.M. to an Executive Session, thence to an adjourned meeting on June 25, 1979 at 4:30 P.M., and thence to the next regular meeting on July 2, 1979. Carried. ~S~TY CLERK