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HomeMy WebLinkAboutCC MINUTES 1976 01 05 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS CITY CENTER CENTENNIAL AT MAIN January 5, 1976 CALL TO ORDER The meeting was called to order at 7:30 by Mayor Saltarelli. f"~ II. PLEDGE OF ALLEGIANCE Led by Councilman Sharp. III. INVOCATION Given by Councilwoman Sutcliff. IV. ROLL CALL Present: Councilman: Saltarelli, Welsh, Edgar, Sharp, Sutcliff Absent: Councilman: None Others present: William Bopf, City Administrator R. Kenneth Fleagle, Assistant City Administrator- Community Development James G. Rourke, City Attorney Ruth C. Poe, City Clerk V. PUBLIC HEARINGS 1. AMENDMENT TO ORDINANCE NO. 611 - IRVINE INDUSTRIAL COMPLEX Mr. Fleagle presented report and recommendation stating that this amendment was instituted by the Planning Commission in order to provide some temporary expediency in the development of the industrial area south of Walnut by authorizing a grade crossing from Dow Avenue to Moulton Parkway. The Planning Commission after a public hearing recommended approval by Resolution No. 1478. The Marine Corps has stated they do not wish any activities that would interfere with their heavy lift operations. Thi~ grade crossing would not interfere and therefore they support this crossing at grade. Hearing opened at 7:36. There being no comments or objections the hearing was immediately declared closed. MoVed by Edgar, seconded by Sutcliff that findings and recommendations of the Planning Commission as contained in Resolution No. 1478 be approved and City Attorney directed to prepare the implementing Ordinance Amendment. Motion carried by roll call. All Councilmen voting aye. VI. PUBLIC CONCERNS None VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - December 15, 1975 Regular Meeting. 2. RATIFICATION OF DEMANDS in amount of $258,577.11 and CONFIRMATION OF PAYROLL LISTING in amount of $111,765.44. 3. BURGLARY PREVENTION INDEX AGREEMENTS Approval as recommended by the City Administrator and Chief of Polic, Moved by Sharp, seconded by Edgar that all items on the consent calendar be approved. Carried unanimously. VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 672 An Ordinanance of the City of Tustin, California, REPEALING ORDINANCE NO. 632 AND CREATING AND PROVIDING FOR A TRAFFIC COMMISSION. City Council Minutes 1/5/76 page 2. Mr. Bopf stated a request of staff and Traffic Commission for continuance of this matter to next regular meeting. Moved by Sharp, seconded by Sutcliff that introduction of Ordinance No. 672 be continued to next regular meeting. Carried unanimously. IX. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 670 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO REGULATION OF TAXICABS Moved!b~ Edgar, secOnded~ Welsh that Ordinance No. 670 have second reading by title 0nly. Carried unanimously. Moved by Edgar, seconded by Welsh that Ordinance No. 670 be passed and adopted. Carried by roll call, all Councilmen voting aye. 2. ORDINANCE NO. 671 An Ordinance of the City of Tustin, California, PROVIDING FOR POSTING OF BONDS IN LIEU OF IMMEDIATE PERFORMANCE OF CERTAIN CONDITIONS. Moved by Welsh, seconded b7 Edgar that Ordinance No. 671 have second reading by title. Carried unanimously. Moved by Sharp, seconded by Welsh that Ordinance No. 671 be passed and adopted. Carried by roll call, all Councilmen Voting aye. OLD BUSINESS 1. EL CAMINO REAL STORM DRAIN Mr. Bopf presented report on financing and recommendation that the City indicate that it does wish to proceed with this storm drain project, and would participate to the extent of $100,000 with the possible source of that funds from the Housing & Community Development Act. Council discussed costs, chances of flooding in event of 10 year or 25 year storm, havoc results, continuance of project even if can only do part each year or deferment for 2 years, length of contract time, etc. Mr. Ledendecker stated that construction time should not be over 90 days and that there should always be access to businesses on the street. Mr. Tom Kelly business owner stated that he did not know what requirement there is for this project and property owners had not been notified of the street construction. Preferred City save the money for projects preferred by the businessmen. Mr. Lou Gerding, businessman agreed with Mr. Kelly and stated he had never seen a flood problem in the 15 years he had owned his business. Mrs. Margaret Byrd stated she had seen all that land under water. Mr. Martin Goldberg stated he represented 2 businesses on E1 Camino and asked if an alternate route had been considered and if the City is willing to bond if project takes over 90 days. Mr. Ledendecker explained what a designed 10 year storm could do. In answer to alternates he stated that Prospect does not go through and even ifuse "C" Street all water would have to pick up on E1 Camlno Real to get to Laguna Road. All First Street water is now being channeled on to E1 Camino. Mrs. Gina Matek stated she would like to see all improvements coordinated so as to happen at one time. City Council MinUtes 1/5/76 Page 3. In answer to questioning, Mr. Rourke stated that any loss of business or inconvenience is not a responsibility of the City. He did not believe that the City would be responsible for any flooding if project not done. However, he stated this type of thing has been the subject of a number of lawsuits. This is what is called "inverse condemnation." Mr. Gerding suggested a committee of businessmen to determine what they really need. In answer to question of notification, Mr. Fleagle stated that the consultants will contact all businessmen and property owners in the area before planning stage. The City is still only in an economic study. Robert Wu property owner, asked Council to consider traffic problems before taking action. After further discussion it was moved by Sharp, seconded by Edgar to have the City indicate that it wishes to proceed with the E1 Camino Real Storm Drain Project and would participate to the extent of $100,000 should we have money available, and that if we should have project application HCDA approval for the next fiscal year that it would be our intention to do it at that time. Carried by roll call, all Councilmen voting aye. 2. SECOND YEAR HOUSING & COMMUNITY DEVELOPMENT ACT GRANT APPLICATION Mr. Fleagle presented the draft application for HCDA Funds and the authorizing resolution and agreement for Council consideration. Mr. Fleagle stated that if the Council so desired, the amount of requested funds could be increased to accommodate the following projects: (1) E1Cemino Storm Drain, at an estimated cost of $300,000.00 wikh $100,000 from HCDA funds and the balance from the Flood Control District. ~_~ (2) Curbs, gutters and street improvements in the central City area in the amount of $20,000.00. (3) Street lights in the old town section in the amount of $10,000.00. (4) Renovation of the Tustin Youth Center to accommodate Senior Citizens in the amount of $20,000.00. The total request for funding in the second year would be $140,000.00. If only a portion of the requested funds were received, the Council would need to revise the priorities of expenditure. Moved by Edgar, seconded by Welsh that the City make application for the $140,000 and Resolution No. 76-86 be adopted. Motion carried by roll call, all Councilmen voting aye. 3. CONTINUATION OF NICKEL BUS Council discussed alternatives as presented in City Administrator's report. Moved by Welsh, seconded by Edgar that contracts with both Community Enterprises and Orange County Transit District be approved subject to approval of City Attorney, for use of Converted School Bus for 5~ months to run Monday through Friday. Mayor Saltarelli made a substitute motion, seconded by Sharp that City accept converted school bus as alternative'B'for 5% months, Monday through Saturday service at a contract price of $3,272.81 of which $3,000.00 would be paid by the Transit District. Substitute motion carried by roll call. Ayes: Saltarelli, Edgar, Sharp. Noes: Welsh, Sutcliff. 4. TRAFFIC COMMISSION APPOINTMENTS Moved by Saltarelli, secondedby Welsh that Ronald Oster, Julian Iorio and Marco Gupton be reappointed to the Traffic Cormnission. Motion carried unanimously. Recess - Mayor Saltarelli declared a 5 minute recess. Reconvened - Meeting reconvened at 9:35 p.m. City Council Minutes 1/5/76 Page 4o XI. NEW BUSINESS 1. USE OF PARK LAND DEDICATION IN LIEU FEES FROM SUBDIVISION NO. 8670 Mr. Biery presented report from Parks & Recreation Commission with following recommendations: (1)Approval of concept to use the $8,196 toward lighting Tustin High School practice field. (2) Authorize staff to proceed with the following steps: (a)Present proposal to the SChool District for approval and support. (b)-Request financial assistance from the various local sport organizations. (c) Authorize hiring an electrical consultant for this project. Council discussed the report including costs and financial assistance from sport groups. Mayor SAltarelli stated that this seems to be an excellent opportunity once again to have a joint project with the School District and perhaps our participation would be contingent upon the School District matching this amount from the Community Services Tax. Moved by Edgar, seconded by Welsh that all staff recommendations relative to lighting be accepted and that the staff be directed to propose to the school district that the City is going to commit these funds to doing the lighting, that Council would like the District to match it out of Community Services Tax, and that youth sports groups be requested to pay for energy charges when used. Motion carried by roll call, all Councilmen voting aye. 2. DEVELOPMENT PRIORITY - FIRST PHASE OF PROSPECT-BENETA PARK AND COLUMBUS-TUSTIN INTERMEDIATE SCHOOL SPORTS FIELD. Moved by Welsh, seconded by Edgar that priority list and approval be approved as presented in written report. Council discussed contracting out for certain design services to avoid delay because of Planning. It was the consensus that staff make presentation at next meeting so that Council can make an intelligent choice that optimizes cost, meets all legal restraints on money and optimizes the time of availability of money. Above motion to approve priority list carried by roll call, all Councilmen voting aye. 3. COMMUNITY BUILDING OPERATION & REVISED USE FEES Report and recommended fee schedule presented by Mr. Biery. Council discussed principals of making all operations self sufficient including higher fees for larger groups. Moved by Saltarelli, seconded by Welsh that following action as ~ requested be approved: (1) Approval of the revised fee schedule. (2) Approval of this additional fee for employment of recreation- building attendants to adequately cover weekend and evening usage of the Community Building. Carried unanimously. Councilman Edgar requested that staff and Parks & Recreation Conm%ission still consider additional fees for larger groups. 4. LETTERS OF COMMENDATION Moved by Welsh, seconded by Edgar that letters of commendation be sent Fireman Pecel, Fireman Bynum and Fireman Bueschel. Carried unanimously. All Councilmen to sign commendation. City Council Minutes 1/5/76 Page 5. XII. OTHER BUSINESS Following reports presented - no action taken. 1. Recommendation on Diesel Engine. ~ 2. Correspondence to Environmental Management Agency. 3. Resolution for concurrence to County of Orange Solid Waste Management (to be agendized 1/19/76). 4. Useof Vacated Buildings at the Old City Hall Site. 5. Report on progress of Mitchell-Heatherfield Annexation. 6. Health Insurance - Bid Specifications. Report from Mr. Bopf advising that bidding be delayed, to be in effect June 1, 1976. 7. Report from Mr. Fleagle on purchase of Utt Juice property by Brancusi including problem of deficiency in building code and parking requirements. 8. Report from Councilman Sharp relative to inspection of City' Center stating 3 major areas of concern which will be resolved as follows: Heating and Ventilating - Several new means for adjusting will be implemented. Lacking Devices in Police holding calls - Manual device in working electrical switches will be implemented with the aid of small transformers. Conduits for parking lot lights - Paving will have to be broken up to re-do conduits. The contractor will handle this and is holding money from the electrical company. The City will hold $57,000 payment to contractor until lien time is up. 9. Councilman Welsh requested that staff check into street paving joinings in Irvine Industrial area where plants are growing through cracks. 10. Councilman Edgar requested that the City Attorney look into and report on a means of having the Bicentennial Committee build the Wishing Well Memorial, and if legal to lease them the land to bring lease proposals to next meeting. 11. Councilmen Edgar and Sharp offered to be on the interviewing committee for the vacancy on the Planning Commission. XIII. ADJOURNMENT Mayor Saltarelli declared the meeting adjourned to an executive session and then to the next regular meeting on January 19, 1976. CI~ERK