HomeMy WebLinkAboutCC MINUTES 1977 11 07 MINUTES OF A REGULAR MEETING
TUSTIN CITY COUNCIL
COUNCIL CHAMBERS
CENTENNIAL AT MAIN
November 7, 1977
CALL TO ORDER Meeting called to order at 4:26 p.m.
II.
ROLL
CALL Present: Councilmen: Sharp, Welsh, Schuster, Edgar, Saltarelli.
Absent: Councilmen: None
Others Present: William Bopf, City Administrator
Brian Chase, Community Development Director
James Rourke, City Attorney
Ruth Poe, City Clerk
III.
CONSENT
CALENDAR 1. APPROVAL OF MINUTES - October 17, 1977 meeting.
2. APPROVAL OF DEMANDS in the amount Of $413,957.69
3. RESOLUTION NO. 77-106
A Resolution of the City Council of the Clty of Tustin,
California, APPROVING PLANS AND SPECIFICATIONS FOR THE
CITY OF TUSTIN FISCAL YEAR 1977-78 STREET MAINTENANCE
PROGRAM AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS
Adoption as recommended by City Engineer.
4. RESOLUTION NO. 77-107
A Resolution of the City Council, City of Tustin, California,
RELATIVE TO REGULATING VEHICULAR TRAFFIC AND PARKING ON
CERTAIN PRIVATELY OWNED PROPERTY.
Adoption as presented by Community Development Dept.
5. RESOLUTION NO. 77-108
A Resolution of the City Council, City of Tustin,
California, RELATIVE TO REGULATING VEHICULAR TRAFFIC AND
PARKING ON CERTAIN PRIVATELY OWNED PROPERTY.
Adoption as presented by Community Development Dept.
~ 6. EXONERATION OF IMPROVEMENT BONDS TRACT NO. 9345
Acceptance of improvements and exoneration of bonds
as recommended by City Engineer.
7. RESOLUTION NO. 77-110
A Resolution of the City Council of the City of Tustin,
California, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE, PERTAINING TO MATERIALS, SUBMITTED TO
THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE
7TH DAY OF MARCH, 1978.
Adoption as recommended by City Clerk.
8. EXTENSION OF AGREEMENT TERMINATION DATE RE PHASE I
DEVELOPMENT OF COLUMBUS TUSTIN PARK.
Approval as recommended by Parks & Recreation Director.
9. BURGLARY INDEX FUNDS
Approval as recommended by Chief of Police.
10. TRANSFER OF FUNDS - OVERTIME ACCOUNT, POLICE DEPT.
Authorization to transfer $4,135.00 from Regular Police
Salary Account to the Regular Police Overtime account
as recommended by City Administrator.
ll._PROPOSED SALE OF SANTA ANA VALLEY IRRIGATION CO. (SAVI)
Return of proxy with abstention recorder as recommended
by Assistant City Administrator.
Council Minutes
11/7/77 Page two
12. RESOLUTION NO 77-112
A Resolution of the City Council of the City of Tustin,
California, EXPRESSING SUPPORT OF THE "HELP ELIMINATE
RAPE EVERYWHERE"~ (H.E.R E) PROGRAM.
Adoption as recommended by City Administrator.
13. RESOLUTION NO 77-111
A Resolution of the City Council of the City of Tustin,
California, APPROVING TENTATIVE PARCEL MAP NO. 77-104 FOR
THE PROPERTY ON THE SOUTH EASTERLY CORNER OF WALNUT AND
NEWPORT AVENUES.
14. DISPOSAL OF SURPLUS VEHICLES
Disposal of vehicles as recommended by Asst. City Admin-
istrator.
15. BASEMENT STORAGE REQUESTS
Appropriation Of $1,500 for partitions and shelving as
recommended by Asst. City Administrator.
16. RESOLUTION NO 77-113
A Resolution of the City Council of the City of Tustin,
California, APPROVING TENTATIVE TRACT NO. 10091.
Approval as recommended by Community Development Dept.
Councilman Saltarelli requested that item 11 be removed for
further consideration.
In answer to questioning, Mr. Ledendecker stated that all
projects as approved by Council were completely outlined
in specifications package.
Moved by Edgar, seconded by Welsh, that consent calendar items
with the exception of item 11 be approved as recommended.
Item 11 SAVI Sale.
Councilman Saltarelli questioned recommendation to abstain
from voting.
Mr. John Prescott stated that vote on sale had been a split
vote by the Board of Directors. He stated that a complete
appraisal had mot been made and urged the Council to at least
abstain but recommended a "No" vote.
Moved by Saltarelli, seconded by Welsh, that Council approve
staff recommendation and register an abstention. Carried.
IV
ORDINANCE
FOR
INTRODUCTION 1. ORDINANCE NO. 746
An Ordinance of the City of Tustin, California, ADOPTING
AN UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING
CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR
EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND
PROVIDING OFFICER THEREFORE AND DEFINING THEIR POWERS AND
DUTIES, AND ADOPTING THE 1976 UNIFORM FORM CODE.
Mr. Bopf and Chief Holmens explained that this ordinance is
necessary to update fire code to coinscide wi~h building code
and would not interfere with the transfer of the Fire
Department. The County would be enforcing Our code, and this
code is very close to theirs.
Moved by Saltarelli, seconded by Edgar, that Ordinance No. 746
have first reading by title. Carried unanimously.
Council Minu~es
11/7/77 Page three
OLD
BUSINESS 1. NEWPORT AVENUE WIDENING (EASTERLY SIDE)
Mr. Ledendecker explained reasoning behind break in
parcel half way between Newport and alley. This
continued the ultimate width line and there is only
one property owner surrounding this property. The
City could only have one buyer for the property and
City would be left with a 30'x 90I strip.
Moved by Edgar, seconded by Saltarelli, that City
proceed to acquire land and proceed with entire
widening project as presented. Carried.
2. NICKEL BUS SERVICE
Mayor Sharp explained that the OCTD Board had met
today. He had contacted the Chairman of the Board
asking for a continuance of this matter. A City
Staff Member did attend that meeting. Mayor Sharp
also read petitions from approximately 320 Senior
Citizens asking for continuance of Nickel Bus even
with an increase in fare.
Council concurred to take this matter up at an
executive session immediately following this afternoon
meeting.
3. LARWIN SQUARE DRIVE LOCATION USE PERMIT NO. 76-25.
Mr. Chase stated that due to use Permit requirements
this matter would necessitate a public hearing adver-
tised for next regular meeting.
Moved by Welsh, seconded by Schuster, that matter be
continued for hearing at next meeting. Carried.
4. UNIFORM COST FOR FIREMEN
Report presented by Fir. Bopf with recommendation for
purchase of uniforms not to exceed $200400 ~er~fireman.
Moved by Edgar, seconded by Schuster, that the City
Council authorize a maximum of $4,400 of the savings
from the Fire Department to be allocated for the pur-
chase of new uniforms. The cost shall not exceed $200
per Fireman and that Chief Holmes be authorized to
make necessary purchases. Carried.
In answer to questioning Chief Holmes stated he did
not believe any Tustin identification would be on the
uniforms but there will be wording on vehicles to the
effect "in cooperation with the City of Tustin" and a
City seal.
It was the consensus of the Council that current badges
could be presented to firemen in manner decided by City
Administrator.
5. REPORT ON AMBULANCE FRANCHISE
Moved by Schuster, seconded by Saltarelli, that this
matter be deferred to the evening meeting~ Carried.
IV.
ADJOURNMENT Moved by Edgar, seconded by Saltarelli that meeting be
adjourned to an executive session and thence to meeting
at 7:30~.m. Carried.
Council Minutes
11/7/77 Page four
COUNCIL MEETING
7:35 P,M.
11/7/77
CALL TO
ORDER Meeting called to order at 7:35 P.M.
II.
ROLL ~.
CALL Present: Councilmen: Sharp, Welsh, Schuster, Edgar, Saltarelli.
Absent: Councilmen: None
III.
PRESENTATIONS 1. Proclamation presented declaring Alcoholism Action Week.
2. Proclamation read in appreciation of Public Service of
Frank Greinke.
3.Prolcamation declaring March of Dimes Week of Concern.
Following Proclamations signed and noted for mailing.
i. Adoption Week
2. Family Week
3, Lungs for Eife Week
Presentation to City: Mrs. Bernice McKay on behalf of
Tustin Senior Citizens presented a check for $123.00
consisting of individual donations t~ward cost of shade
film on Clifton C. Miller Community Building. Senior
Citizens also requested one more row of shade film over
doors if possible.
PUBLIC
HEARINGS 1. SIGN APPEAL OF U.P. 77-17 - TUSTIN LANES
Report presented by Mr. Chase with recommendation against
granting appeal.
Hearing opened at 7:43 p.m.
Mr. Bill Becker, 202 Fashion Lane, representing sign
company showed drawings and stated that 6 line reader
board is necessary for promotion of events. He agreed
to the stipulation of 425 milliamperes for the sign.
Dr. Jack Mann spoke of need for reader board.
There being no further!comments and no objections the
hearing was declared closed at 8:01 p.m.
Councilman 8altarelli stated that he felt the City was
desirous of bringing this facility to Tustin and location on
Old Irvine Blvd. is sufficient reason to grant request.
Moved by Saltarelli, seconded by Edgar, that signing be
authorized as requested.
Councilmen Edgar and Schuster agreed that the rationale
was that most commercial sites do not have events and
functions to advertise and the location does warrant
signing.
Councilman Welsh felt this was 50% more than authorized by
code and to give variance is to set a pattern for every
businessman.
Council Minutes
11/7/77 Page five
Mayor Sharp spoke in opposition stating that approved
signing takes care of identification and reader board
is not necessary.
Above motion to approve carried. Ayes: Edgar, Saltarelli,
Schuster. Noes: Sharp, Welsh.
2. SIGN APPEAL OF U.P. 77-25 - D.K.'S DONUTS
·
Report presented by Mr. Chase including that signs were
installed without permits.
Hearing opened at 8:08 p.m.
Mr. R. Smith of Big Bob's Electrical Sign Co.told of signs
that had been ruined by vans and trucks. Stated he was
requesting the Pole sign on original pole that was in
existance when property was acquired. He stated they
would bring Milliamperes down to 425 as requested and
would place planter at base if necessary.
There being no further comments and no objections the
hearing was declared closed at 8:25 p.m.
Council discussed safety factor of higher pole sign and
their support on recommendation for planter.
Staff recommended minimum 8~ high sign, of 32 square feet
and 420 Milliamperes.
Mayor Sharp stated that copies of sign code should be
distributed to sign contractors doing business in the
City so they would be aware of City requirements thus
preventing the need for future variances and appeals-
to eleminate signs being installed without permits.
Mr. Chase stated that all contractors who had done
any sign construction in the City in the last two
years were sent copies of sign code policy in August,
1977.
Moved by Saltarelli, seconded by Edgar, that one pole
sign be authorized at a height to be determined by staff
at a size not to exceed 54 square feet with planter at
base and elimination not to exceed 425 Milleamperes. All
other signs to be removed. Motion carried unanimously.
3. ZC 77-8 REZONING PROPERTY ON EASTERLY SIDE OF NEWPORT
AVENUE (PACKER'S SQUARE)
Staff report presented by Mr. Chase with recommendation
of agency for approval.
Hearing opened at 8:40 p.m.
Mr. Knowlan Fenauld of Packer's Square presented drawings
and slides of proposed development and stated they would
adhere to all approval plans through deed restrictions or
CC & Rs or whatever controls are called for.
Mr. Carlton Brown stated his pleasure with present
development plans.
There being no objections or further comments the
hearing was declared closed at 9:05 p.m.
Moved by Edgar, seconded by Saltarelli, that Council
uphold findings and recommendations of staff and
Planning Agency and direct the City Attorney to draft
the necessary ordinance. Carried unanimously.
Council Minutes
11/7/77 Page six
PUBLIC
CONCERNS None
OLD
BUSINESS 1. NICKEL BUS
Mr. Bopf reported that the Orange County Transit District
Board at their meeting this A.M. had set aside the
motion to terminate the Nickel Bus for two weeks and
requested that OCTD staff and City staff meet to study
problems o
Mayor Sharp stated that he would be contacting the Board
and reiterate economic situation and transmit the Sen~or
Citizens concerns.
Moved by Edgar, seconded by Welsh, that letter be sent
by the Mayor to the OCTD Board requesting continuation
of Nickel Bus and asking that they take careful look at
economics and at requests from citizens. Carried.
2. AMBULANCE FRANCHISE
Report including synopsis of staff report presented by
Mr. Bopf with recommendations for denial.
Moved by Saltarelli, seconded by Welsh, that Council
deny an exclusive franchise.
Mr. Scott Levinson of Conva-Care Ambulance Co. spoke
in favor of a franchise with one company having primary
call.
Mr. Jack Nolan, Comfort Coach and Ambulance inc. stated
he did submit a letter requesting franchise if the City
went that way but he did not feel it was in the best
interest of the City.
Council discussed level of service needed and possible
need for franchise in the future.
Motion to deny carried.
VII.
NEW
BUSINESS 1. SYCAMORE AVENUE PREDESTRIAN WALKWAY AND EMERGENCY CROSSING
Reports presented by Mr. Bopf and Mr. Ledendecker.
Moved by Saltarelli, seconded by'.Edgar, that Council
authorize the mayor to execute the subject agreement
by adoption of a minute order and authorize the payment
of $255.00 to the A.T~ & S.F. Railroad to install the
required private crossing signs. Carried.
2. STREET SWEEPER BIDS
Following Bids received:
DELIVERY
COMPANY TYPE ENGINE TYPE DATE TOTAL COST
F.M.C. Corp. (Wayne) Mechanical Diesel 150-180 $50,122.10
Mechanical Gasoline 90-110 44,949.30
Nixon Co. - Elgin CO. (Mobil) Mechanical G~soline 120-150 37,866.38
Freeman Equipment Co. (Elgin) Vacuum Diesel 120-150 62,980.96
Vacuum Gasoline 90-120 51,456.64
Haaker Equipment Co. Vacuum Diesel 150 63,585.16
(Ecolotec) Vacuum Diesel~ add 90 57,210.32
Gasoline
Council Minutes
T1/7/77 Page seven
Reports presented by Mr. Bopf and Mr. Ledendecker with
recommendations to purchase mechanical type sweeper.
Moved by Saltarelli, seconded by Edgar, that City Council
authorize the purchase of the FoMoC. Municipal Sales Corp.
Mechanical Type Sweeper (Wayne), Model No. 2-12, four
wheel sweeper with the diesel option in the amount of
$50,122.10. In the event F.M.C. cannot obtain State of
California certification on the diesel engine with
regard to air quality standards; the City purchase the
same unit with the gasoline option be authorized in the
amount of $44,949.30. Carried.
3. POLICE FACILITY MODIFICATIONS
Chief Thayer presented report and diagram of proposal
modifications.
Mr. Bopf soncurred with need for these modifications.
Moved by Saltarelli, seconded by Welsh, that Council
authorize the expenditure of approximately $33,000 for
modification of existing police facility. Carried.
4. AUTHORIZATION TO FILL VACANCY - Police Dept.
Moved by Saltarelli, seconded by Edgar that Police
Department be authorized to fill the officer vacancy
as requested. Carried.
5. LONG TERM DISABILITY INSURANCE COVERAGE
Mr. Blankenship presented report with recommendation
for self-insured long term disability insurance coverage.
Moved by Saltarelli, seconded by Edgar that the City
notify the Associations of intent to consider adding
the pre-existing condition limitation to our contract
as this would save approximately 10% of the new rate.
That the City approve expanding the maximum benefit
from $1200 per month to $2000 per month in order that
department heads will have the same percentage pro-
tection as other employees.
That City hold the insurance at a 60-day waiting period
as.they are not giving an adequate credit for a longer
period.
That City self-fund the program by establishing the plan
recommended above and by placing premium into a special
fund from which we would pay benefits.
That we set the rate at 0.8% (rather than the 0.89%)
until July 1, 1978, in order to avoid changing salaries
and deductions again, and that we continue to take the
0.8% deduction and pay the balance from the City for
the same reason and for the same period.
~ Motion carried.
i 6. ALLOCATION OF FUNDS FOR SIXTH STREET WATER MAIN
Moved by Edgar, seconded by Saltarelli,Council authorize
$50,000 expenditure for the Sixth Street Water Main from
the General Fund. Carried unanimously.
7. REQUEST FOR SIGN CODE EXCEPTION-BASIC FOUR CORPORATION
Report presented by Mr. Chase with recommendation for
approval.
Council Minutes
11/7/77 Page eight
Moved by Saltarelli, seconded by Welsh, that request for
Sign Code Exceptions'of Heath Graphic Systems on behalf
of Basic Four Corporation be approved. Carried.
8. RESIGNATION OF CITY ADMINISTRATOR
Council commended Mr. Bopf for his excellent administration
and his professionalism, and stated their regrets upon
his resignation.
Moved by Saltarelli, seconded by Edgar, that resignation
be accepted with regret and City's thanks for job well
done. That Mr. Bopf be granted one week of vacation
to facilitate move. Carried.
Moved by Saltarelli, seconded by Welsh, that Mr. Dan
Blankenship be appointed City Administrator to be
effective on last day of Mr. B~o_~_~ tenure. Carried
unanimously.
Details of appointment to be negotiated in near future.
Moved by Edgar, seconded by Welsh, that steps be commensed
to fill vacant position created by this appointment. Carried.
9. APPRAISAL OF FIRE STATION NO. 2
Moved by Saltarelli, seconded by Welsh, that Council
authorize employment of an appraiser as recommended
by City Attorney. Carried.
VII.
OTHER
BUSINESS 1.COMMISSION RECOGNITION
All commissioner's of dissolved Traffic, Planning and
Parks & Recreation Commissi6ns have been sent plaques
and letter from the Mayor.
2. SHADE FILM - COMMUNITY CENTER
Moved by Welsh, seconded by Saltarelli, that film on
Community Building windows be dropped down one more
level. Carried.
3. SENIOR CITIZENS LUNCH PROGRAM
Councilman Welsh reported that word had been received
that the State has approved this program and it should
start by first of the year. Arrangements have been
made and approximately 60 luncheons per day will be
served to Senior Citizens at the First Baptist Church,
4. FISH AND CHIPS PERMIT - LARWIN SQUARE
In answer to questioning Mr. Chase stated that a Use
Permit Amendment will be needed for this use and should
be considered at next Council Meeting.
5. COLUMBUS TUSTIN PARK
Councilman Edgar stated it was gratifying to see so
many children using the park.
In answer to questioning Mr. Biery stated that plans
would be made for a formal dedication of this park.
Council Minutes
11/7/77 Page nine
6. ANNEXATIONS
Mr. Edgar requested that the 9 County islands that will
be available for annexation be annexed as early in
January as possible.
Mr. Edgar also stated that the City should be prepared
to have a census taken when annexations are completed.
7. COMMENDATION FOR WILLIAM BOPF
Council requested that City Clerk have appropriate
commendations prepared for presentation.
8. SOLID WASTE MANAGEMENT
Mr. Sharp requested that draft resolutions on this matter
be reproduced and agendized for the November 21st meeting.
IX.
ADJOURNMENT Moved by Saltarelli, seconded by Schuster that meeting be
adjourned to Redevelopment Agency Meeting. Carried.
MAYOR