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HomeMy WebLinkAboutCC MINUTES 1978 11 06 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way November 6, 1978 I. CALL TO ORDER The meeting was called to order at 4:30 P.M. by Mayor Welsh. ~II. ROLL CALL Present: Councilmen: Welsh, Sharp, Schuster, Kennedy, Saltarelli Absent: Councilmen: None Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Brian Chase, Con~nunity Development Director Bob Ledendecker, City Engineer Don Biery, Director of Parks and Recreation Paul Raines, Assistant to City Administrator Ruth Poe, City Clerk Mary E. Wynn, Deputy City Clerk III. PUBLIC CONCERNS None IV. CONSENT CALENDAR 1. APPROVAL OF MINUTES - October 16, 1978 meeting. 2. APPROVAL OF DEEDS in amount Of $1,011,051.05. RATIFICATION OF PAYROLL in amount of $119,296.76 3. RESOLUTIONS NO. 113, 114 and 115 A Resolution of the City Council of the City of Tustin, CA, RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF CITY NON-ADMINISTRATIVE AND NON-MANAGEMENT GENERAL EMPLOYEES OF THE CITY OF TUSTIN. A Resolution Of the City Council of the City of Tustin, CA, RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF CITY NON-ADMINISTRATIVE AND NON-MANAGEMENT POLICE EMPLOYEES OF THE CITY OF TUSTIN. A Resolution of the City Council of the City of Tustin, CA, RELATING TO THE TERMS AND CONDITIONS OF CITY PERSONNEL EMPLOYED PURSUANT TO THE PROVISIONS OF THE FEDERAL COMPREHENSIVE EMPLOYMENT AND TRAINING ACT (PL 93-203 - C.E.T.A.) Approval of Resolutions implementing the Immediate Provisions of Employee Benefits. 4. RESOLUTION NO. 116 A Resolution of the City Council of the City of Tustin, CA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS AT COLUMBUS TUSTIN PARKSITE, COMPLETION OF PHASE I, AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Adoption as recommended by Director of Public Works/City Engineer and direct City Clerk to advertise for bids. 5. RESOLUTION NO. 117 A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (Project I - McFadden Avenue Sanitary Sewer, Project II - 6th Street Water Main, and Project III- 17th Street Storm Drain.) Adoption as recommended by Engineering Department. 6. REQUEST FOR TREE REMOVAL - 13642 Malena Drive Authorize tree removal and sidewalk replacement and also that tree be replaced with a more suitable tree. COUNCIL MINUTES Page 2, 11-6-78 7. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND EXONERATION OF BONDS FOR PARCEL MAP 76-87 AT NORTHWEST CORNER OF VALENCIA AND REDHILL Acceptance and authorization as recommended by the Engineering Dept. 8. AGREEMENT FOR LEASE OF BUILDING "C" OF THE C.C. LAMBERT SCHOOL Approval of execution of the agreement. 9. REDUCTION OF IMPROVEMENT BONDS - PARCEL MAP NO. 75-75 (Enderle Center Development) Acceptance and authorization as recommended by Engineering Dept. 10. LETTER OF COMMENDATION TO DALE CASADA CONSTRUCTION CO. Authorization as recommended by Engineering Department. 11. YORBA STREET AHFD PROJECT #929 & 930 - FINAL REPORT AND FINAL ACCOUNTING Receive and file. 12. SUPPLEMENTAL APPROPRIATIONS - FIRST QUARTER Authorization as recommended by City Administrator. 13. APPOINTMENT TO BOARD OF APPEALS Approval as recommended by Community Development Department. 14. APPROVAL OF AUDITING SERVICES FOR 1978-79 Approval as recommended by City Administrator. 15. DENIAL OF CLAIMS FOR DAVID WERSHAW, STEVEN R. SIKKING, SARA ZAMARRIPA, AND DAVID LA BONTE. Denial as recommended by City Attorney. 16. RESOLUTION NO. 78-118 A Resolution and Order of the City Council of the City of Tustin, ORDERING AND DIRECTING DISPOSITION BY SALE OF PROPERTY IN THE CITY OF TUSTIN, CALIFORNIA (Mercury Building) Adoption Of Resolution No. 78-118 as recommended by Engineering Department. 17. AUTHORIZATION OF TELEPHONE MODIFICATIONS Approval as reconnnended by City Administrator. Councilwoman Kennedy requested that Items 6, 8, 12, 14 and 16 be removed from the Consent Calendar to be considered separately. Community Development Director Brian Chase requested that Item 13 be re- moved from the Consent Calendar and that it be continued until the next meeting of November 20, 1978. It was moved by Saltarelli, seconded by Sharp, that the balance of the Consent Calendar (Items 1, 2, 3, 4, 5, 7, 9, 10, 11, 15 and 17) be approved. Mayor Welsh commented that on Items 10 and 11, it is a pleasure for the Council to be able to present a very positive commendation from the staff to the Dale Casada Construction Co., who has asked for no privileg~s~ no dispensations, merely asked to be able to develop an excellent product, an excellent development within the community and has done so in cooperation with our staff. Motion Carried unanimously. Item 6 - REQUEST FOR TREE REMOVAL - 13642 Malena Drive Councilwoman Kennedy asked if this tree was on the approved list. Bob Ledendecker, City Engineer, advised that this tree was put in when the property was either in the County or before the City had an approved tree list and that this tree is not on the approved list. It was moved by Kennedy, seconded by Schuster, that the tree be removed and replaced with a more suitable tree and that the sidewalk be replaced. Carried unanimously. COUNCIL MINUTES Page 3, 11-6~78 Item 8 - AGREEMENT FOR LEASE OF BUILDING "C" OF THE C. C. LAMBERT SCHOOL Councilwoman Kennedy asked if the School District would be able to bounce our programs in favor of school business. Don Biery, Parks and Recreation Director, responded that they would not be able to do this as this building will be completely leased to us. It was moved by Kenned7, seconded by Schuster, to approve execution of the Agreement. Carried 4-0, Welsh abstaining. Item 12 - SUPPLEMENTAL APPROPRIATIONS - FIRST QUARTER Councilwoman Kennedy was concerned that the Council should not lose it's right to approve expenditures. She would like to give approval before the expenditures. It was pointed out that these expenditures had been approved but that this was the second part of a two step process and this was a formal approval of appropriating the funds. It was further explained that the one step process to be used in the future shall also be in advance of the expenditure. It was moved by Saltarelli, seconded by Sharp, that Council authorize formally the three budget authorizations contained in the attached report and that these appropriations, as well as future appropriations shall be, are approved before the actual expenditure. Carried unanimously. Item 14 - APPROVAL OF AUDITING SERVICES FOR 1978-79. Councilwoman Kennedy said that she has no criticism of the Hanson Company but that they have been the auditors for the City since 1947 and in doing some research, she found that the American InstitUte of Certified Public Accountants recommends changing auditors every three to five years and that the U, S. Congress is in agreement with this. Based on her research and with no criticism for the Hanson Company, it was moved b7 Kennedy, seconded by Schuster, (for purposes of discussion) that the auditing services be put out for bid for the 1978-79 fiscal year. Councilman Sharp expressed that it might be good to look into changing auditors but that it should not be done until the end of the fiscal year. Councilman Saltarelli spoke against the motion because he felt the Hanson Company was familiar with the City's accounting operation, they were a local company, no one has been dissatisfied with their work, and he doesn't think we can do any better. A substitute motion was made by Sharp~ seconded by Schuster, that Council approve the auditing proposal for the year 1978-79 by the firm of Hanson, Myers &Kile Accountancy Corporation in the maximum sum of $9,000, and that we consider proposals of other firms for subsequent years beginning with the fiscal year 1979-80. After further discussion, the substitute motion carried 4-1, Kennedy opposed. Item 16 - RESOLUTION NO. 78-118 A Resolution and order of the City Council of the City of Tustin ORDERING AND DIRECTING DISPOSITION BY SALE OF PROPERTY IN THE CITY OF TUSTIN, CA (Mercury Building). Councilwoman Kennedy had been approached by members of the Lions Club, who said that they had approached our staff as to a possible use of the Mercury Building and that it would be brought to the attention of the Council and she asked if this had been brought to any of the Council's attention. Dan Blankenship, City Administrator, replied that it had not been brought to the Council's attention because after considering the cost and work in- volved, the Lions Club had decided not to undertake the project. It was moved by Kennedy, seconded by Schuster, to adopt Resolution No. 78-118, ordering and directing disposition by sale of property in the City of Tustin. Motion carried unanimously. COUNCIL MINUTES Page 4, 11-6-78 ADJOURNMENT It was moved by Schuster, seconded by Sharp, to adjourn to the 7:30 P.M. meeting, at 5:15 P.M. Carried unanimously. TY CLERK ~ REGULAR MEETING TUSTIN CITY COUNCIL November 6, 1978, 7:30 P.M. I. CALL TO ORDER Meeting was called to order at 7:34 P.M. by Mayor Welsh. II. ROLL CALL Present: Councilmen: Welsh, Sharp, Kennedy, Saltarelli Absent: Councilmen: Schuster (arrived at 7:37 P.M.) Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Ruth C. Poe, City Clerk Mary E. Wynn, Deputy City Clerk Brian Chase, Community Development Director Paul Raines, Assistant to City Administrator Bob Ledendecker, City Engineer Charles Thayer, Chief of Police Ed Bushong, Finance Director Don Biery, Parks & Recreation Director III. , PRESENTA- TION A Proclamation was read in full by Mayor Welsh and presented to a representative of the National Diabetes Association for National Diabetes Month. IV. PUBLIC HEARING 1. EIR-EIS 78-2, Moulton Parkway-Irvine Center Drive Improvement Brian Chase, Community Development Director, gave the staff report recommending continuance to the next meeting, November 20, 1978. Public Hearing opened at 7:37 P.M. No objections or comments were presented by the public upon invitation. It was moved by Saltarelli, seconded by Kennedy, that EIR-EIS 78-2 be continued as an open hearing to the November 20th meeting. Carried unanimously. 2. DISPOSAL OF SURPLUS PROPERTY - 438-580 Sixth Street Staff report given by Dan Blankenship, City Administrator. Public Hearing opened at 7:39 P.M. There being no objections or comments, the public hearing closed. Councilwoman Kennedy asked if this property had been considered for parking. Brian Chase, Community Development Director, replied that it had been con- sidered but it was too many blocks away from areas needing parking to be feasible. COUNCIL MINUTES Page 5, 11-6-78 It was moved by Sharp, seconded by Schuster, that said land should be disposed of by sale or trade and authorize staff to complete the following: 1. Engage the land appraisal consultant to update the January 20, 1977' appraisal document to reflect current fair market value of the subject par- cel o~ land, and 2. Prepare a resolution for the City Council ordering and directing disposition by sale or trade of the subject property. Carried unanimously. It was moved by Sharp, seconded by Schuster, to recess to the Redevelopment Agency meeting at 7:40 P.M. Carried. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY November 6, 1978 1. Meeting called to order at 7:40 P.M. by Chairman Welsh. 2. Present: Members: Welsh, Sharp, Kennedy, Saltarelli Absent: Members: None 3. Approval of Minutes It was moved by Sharp, seconded by Kennedy, to approve the minutes of the October 16, 1978 meeting. Carried unanimously. 4.AWARD OF BID - NEWPORT AVENUE ULTIMATE WIDENING EASTERLY SIDE From 210' South of Walnut St., to 180' North of San Juan St. It was moved by Saltarelli, seconded by Sharp, to award the contract to Cal/Ex Engineering and Paving Co. and appropriate additional funds as required to complete the project. Carried 3-1, Kennedy voting "No", because she felt it was not a proper use of Redevelopment money. 5. It was moved by Saltarelli, seconded by Sharp, to adjourn at 7:42 P.M. to the next regular meeting of November 20, 1978. Carried. MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 7:42 P.M. November 6, 1978 I. PUBLIC CONCERNS Peer A. Swan, 14351 Morning Glory, a representative of the Laurelwood Nomeowner's Association, addressed the Council regarding the speed on Walnut Avenue, the narrowness of the sidewalks, striping, and bicycle lanes. He requested that these items be agendized for the next meeting. Bob Ledendecker, City Engineer, responded that the repeated speed study has not been taken yet. He said that there is a definite problem with the school children because the traffic does not yield to them and that this item would be on the agenda either the November 20th or December 4th meeting. Mr. Swan had another concern, which was the location of Jamboree Rd. when it is completed, He stated that the residents of Laurelwood and Peppertree were very concerned. Mayor Welsh assured him that the City is looking into different possibilities, and that they are in communication with the Marine Corps about this problem. He pointed out that there are a lot of problems involved (financial, legal, jurisdictional) and that the completion of this road will be a long way off. COUNCIL MINUTES Page 6, 11~6-78 Bob Ledendecker, City Engineer, explained that New Myford Road was planned to be 50% in Tustin and 50% in Irvine, with the center line of the road being the dividing line between Tustin and Irvine. About eight or nine months ago, New Myford Rd. was deleted from the County Master Plan of Arterial Highways northerly of the Santa Ana Freeway. At the present time, there is no formal plan for a road to extend across. These are some of the problems that we have to study. Richard B. Edgar, 13622 Loretta Drive, had the following concerns: 1. On Sunday morning he noticed a number of cars parked in the middle of Columbus Tustin Park. Mayor Welsh urged him to report any such violation to the Police Dept.,at the time it occurs as this is the only time anything can be done about it. 2. The need for some solution to stopping the speeding of cars in residential areas. One suggestion that Police Chief Thayer had was to post irregular speed limits such as 27 m.p.h. Many times this makes people aware of the speed limit. 3. He was happy to see the 17th St.-Newport Interchange going in. He noted that the City is not going to have the optimum intersection upon the com- pletion of the State-City supported work because we will not have widened 17th Street on the south side, between Newport and Yorba. He recommended that the Council investigate the cost of widening that stretch to its ultimate width. Bob Ledendecker, City Engineer, responded that the City has acquired the right of way for this and that staff can come back with an estimate of the cost of doing this. Council directed staff to report on this. II. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 789 An Ordinance of the City of Tustin, California, REZONING PROPERTY FROM THE P & I (PUBLIC AND INSTITUTIONAL) DISTRICT TO THE PM (PLANNED INDUSTRIAL) DISTRICT ON ZONE CHANGE NO. ZC 78-4 (438-580 Sixth St.) It was moved by Saltarelli, seconded by Kennedy, that Ordinance No. 789 have second reading by title. Carried unanimously. Following reading of the Ordinance title by secretary, it was moved by Schuster, seconded by Sharp, that Ordinance No. 789 be passed and adopted. Roll Call vote. 5-0. Carried unanimously. III. OLD BUSINESS 1. RECOMMENDATIONS FOR COUNTY CONSIDERATION AS ADDITIONAL REVENUE ALTERNATIVES After discussion regarding the submitted list and the intent being that everyone pay their share for services, Mayor Welsh made the following recommendations: a. Propose a resolution to Orange Co. League of Cities, ~ b. Correspond with Supervisor Riley as Chairman of the Board of Supervisors, incorporating our recommendations for their con- sideration at the present time as well aS the budget time, and c. There are some items that require legislative action and addressing, and we should write letters to our representatives, expressing our concern with the effect of Proposition 13 on the local City taxpayer, and requesting that we address the general problem of county resi- dents getting a free ride and city residents paying the load. It was moved by Sharp, seconded by Kennedy, that staff prepare a resolution for Council's approval by the Nov. 20th meeting. Carried unanimously. It was the concensus of the Council that they correspond with the legislative representatives, using the list submitted in the report as a springboard. COUNCIL MINUTES Page 7, 11-6-78 2. H.E.R.E. RAPE CRISIS CLINIC - REQUEST FOR FUNDING Councilwoman Kennedy requested that this item be continued to the next meeting as the City representative is meeting with this group tonight and she would like to wait until they hear from her before taking any action. It was moved by Kennedy, seconded by Saltarelli, that this item be con- tinued to the next regular meeting on Nov. 20, 1978. Carried unanimously. 3. REQUEST TO PAY PREMIUM OVER-TIME PAY UNDER CERTAIN CONDITIONS Following discussion of this matter, it was moved by Schuster, seconded by Saltarelli, that the Department Head determine when overtime was needed and that either comp time be given or time and one half overtime be paid with the developer being billed by the City. Mayor Welsh was opposed to the developer paying for the overtime. Motion carried, 4-1, Welsh opposed. 4. STREET NAME CHANGE - WALNUT STREET It was moved by Saltarelli, seconded by Kennedy, to leave the street name unchanged but change the street name signs on both streets to read "Walnut Street" and"Walnut Avenue" in lieu of "Walnut". Carried unanimously. IV. NEW BUSINESS 1. STREET TREE REMOVAL (EVERGREEN ASH) Bob Ledendecker, City Engineer, gave staff report. It was moved by Schuster, seconded by Kennedy, that after communication with the residents, and after their consent, to remove approximately every other tree on each street (50%) and repair the damaged sidewalks, curbs, and gutters the first year. The second year, the remainder of the trees could be removed with the appropriate repairs to the public improvements being made, subject to the filing of a negative declaration for these re- movals and authorize an additional appropriation to the street tree maintenance account in the amount of $2,000. After further discussion about getting residents' approval and the time frame for removal and repair, the motion carried unanimously. 2. ADDITIONAL REVENUE ALTERNATIVE BEING CONSIDERED BY COUNTY - SHERIFF'S FIRING RANGE FEES It was moved by Saltarelli, seconded by Kennedy, that the Council oppose the rate increase, and if the increase is implemented, the City discontinue using the Orange County Sheriff's range facility. Carried unanimously. 3. AUTHORIZATION TO FILL MAINTENANCE AND BUILDING VACANCIES It was moved by Saltarelli, and seconded by Schuster, that the Council authorize the vacancy of Custodian to be filled and that the position of Senior Typist in the Building Department be reclassified Building Aide at a salary range of $1,108 and that staff recruit for someone having experience in the building field. Carried unanimously. 4. CABLE TELEVISION SERVICE Dan Blankenship, City Administrator, gave the staff report and recommended that the City Council receive the proposal and direct staff to commence itsl study and report back to City Council in 30 days or sooner and authorize staff to invite other applications from cable television firms in the gen- eral area for service. At the Nov. 20th meeting, the Community Cablevision Co. will probably have their application ready for a rate increase. Mayor Welsh wanted to be sure that all the subscribers of Community Cable- vision were notified of the rate increase before the matter was placed on the agenda. Peer Swan, 14351 Morning Glory, inquired if Peppertree and Laurelwood were being considered under the Six Star Cablevision Company. He pointed out COUNCIL MINUTES page 8, 11-6-78 that the Community Cablevision Co. is asking for a rate increase, which would be a real hardship on the Homeowner's Association. After further discussion about considering the Six Star Cablevision appli- cation at the same time the rate increase for Community Cablevision is considered, Dan Blankenship explained that time is an important factor for the Six Star Company and granting a franchise is a long process and staff's recommendation would just allow the process to get started and the fact that we commence consideration of a rate increase for the next meeting does not mean it has to be approved then. It was moved by Saltarelli, seconded by Kennedy, to receive the proposal of Six Star Cablevision Co. and staff to commence its study and report back to Council in 30 days or sooner and staff to invite other applications from Cable Television firms in the general area for service. Carried unanimously. 5. REQUEST TO USE COMMUNITY CENTER FOR MISS TUSTIN PAGEANT It was moved by Saltarelli, seconded by Kennedy to authorize the requested use of the Clifton C. Miller Community Center as requested without charge for the Miss Tustin Pageant to be conducted by the Tustin Jaycees provided the event is advertised as the Miss Tustin Pageant cosponsored by the City of Tustin and Tustin Jaycees (or Tustin Jaycees and City of Tustin.) Councilman Schuster suggested that the Chamber of Commerce plays an important part in the pageant because they schedule most of the appearances of Miss Tustin, have contributed money, and scholarships have been given to Miss Tustin. Motion was carried unanimously. 6. AUTHORIZATION TO FILL RECORDS CLERK VACANCY It was moved by Saltarelli, seconded by Kennedy, that the Council authorize the vacancy of Records Clerk to be filled. Carried unanimously. ~ 7. REQUEST FOR COOPERATIVE CITY PROJECT AT 1081 LAGUNA ROAD It was moved by Saltarelli, seconded by Schuster, that Council authorize acceptance of the offer as recommended by staff with a General Fund budget authorization not to exceed $2,800 for the project. Carried unanimously. 8. PROPOSED LAW ENFORCEMENT ASSISTANCE ADMINISTRATION RE-AUTHORIZATION LEGISLATION from Orange County Criminal Justice Council. Charles Thayer, Chief of Police, gave the staff report. It was moved by Kennedy, seconded by Schuster, to support the recommendations of the Orange County Criminal Justice Council to Senator Kennedy, Massachusetts, Senators Cranston and Hayakawa, California, and Representative Jerry Patterson, California. Carried unanimously. V. OTHER BUSINESS Dan Blankenship, City Administrator 1. He asked for an Executive Session following the meeting for legal matters. 2. He announced that City Council has received the resignation of Ruth C. Poe, as Chief Deputy City Clerk after more than 18 years of service. She will re- ~- tain her position as elected City Clerk. ~ Councilman Schuster 1. Dial A Ride He would like to get staff's imput and Coancil's opinion on private enter- prise undertaking the planned Dial A Ride. Dan Blankenship, City Administrator, suggested that they get together and discuss the possibility. He said that Nov. 20th would be the formal opening day of Dial A Ride. The City is leasing a 13 passenger van on a monthly basis. COUNCIL MINUTES Page 9, 11-6-78 With the concensus of the Council, Mayor Welsh directed Councilman Schuster to further investigate and to communicate with staff about private enterprise undertaking Dial A Ride. 2. Councilman Schuster was concerned about a questionnaire that was circulated by Judge Rickles regarding nominations for Grand Jury. He was in favor of it but objected to the questions that were asked, such as race, religion, etc., on the application when private businesses are not allowed to ask such questions on their applications. Councilwoman Kennedy 1. Mrs. Kennedy advised that she had had a call from Betty Smith re- garding the smell of plastic in the air for the past 3 weeks. She said that Dynachem has been cited five times for poluting the air. She thought that the industrial park was zoned for light industrial use. Councilman Saltarelli had called Brian Chase a few days earlier and told him that he had noted a distasteful odor in the air in the Laurelwood area. It was the concensus of the Council that staff should investigate and take whatever actions are necessary to abate the nuisance. 2. Mrs. Kennedy also asked staff to look into a surf board store near there that has huge tabs of resin and all of their staff must wear masks because of the chemical polutants in the air. Mayor Welsh 1. He offered his regrets that Ruth C. Poe was resigning as Chief Deputy City Clerk but agreed that after more than 18 years, she deserves a rest. It was moved by Kennedy, seconded by Schuster, to accept Ruth C. Poe's resignation as Chief Deputy City Clerk with deepest regrets. Carried unanimously. Mayor Welsh and Dan Blankenship, City Administrator, will handle details of recognition. 2. Mayor Welsh advised that the Orange County Transportation Commission is holding certain meetings and it would be advantageous for a staff repre- sentative to attend those meetings so that the Council could be made aware of any transactions. It was the concensus of the Council that this be done. 3. Mayor Welsh commented that Council had received a resolution before the League of Cities dealing with opposing the State of California mandates without reimbursement for costs thereof. It was the concensus of the Council that this was worthy of their support. VI. ADJOURNMENT It was moved by Saltarelli, seconded by Sharp to adjourn at 9:40 P.M. to an Executive Session and thence to the regular meeting on November 20, 1978. Carried.