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HomeMy WebLinkAboutCC MINUTES 1975 04 07 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL April 7, 1975 CALL TO ORDER Mayor Saltarelli called the meeting to order at 7:30 p.m. in the new Council Chambers at the City Center. II. PLEDGE OF ALLEGIANCE III. INVOCATION Given by Mayor Saltarelli. IV. ROLL CALL Present: Councilmen: Saltarelli, Edgar, Sharp, Sutcliff, Welsh. Absent: Councilmen: None. Others present: Acting City Administrator Dun Blankenship Assistant City Administrator for Community Development Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe PRESENTATIONS 1. PRESENTATIONS BY ASSEMBLYMAN NESTANDE Mayor Saltarelli introduced Assemblyman Bruce Nestande, repre- senting the 70th Assembly District, who marked the occasion of the City Council's first meeting in the newly completed Council Chambers by presenting to the City a California State flag which had been flown over the Capitol. Mr. Nestande also made a presentation to former Mayor Joseph B. Langley, in recognition of all that he has done for the City of Tustin and for Orange County. Mr. Nestande added that it was an honor to serve the City in Sacramento. 2. PRESENTATIONS TO MESDAMES BACON AND BYRD Mayor Saltarelli read in full a Proclamation honoring Agnes Bacon and Margaret Byrd, long-time Tustin residents, for their faithful attendance at City Council meetings and their loyal interest in the community; and presented a copy to each of them. 3. PRESENTATION TO MR. GENE TURNER Mayor Saltarelli read in full a Proclamation commending Eugene Turner, Editor of The Tustinian, for the fine work he has done in the community by means of improving communication through his monthly newspaper. RECESS Mayor Saltarelli called a recess at 7:45 p.m. for members of the public to tour the new Council Chambers and Community Building. CALL TO ORDER The meeting reconvened at 8:18 p.m. Mayor Saltarelli thanked Ma. May Evans for the bouquet she had sent for the Occasion, which was placed on the Staff Table. V. PUBLIC HEARINGS NONE. VI. PUBLIC CONCERNS 1. MR. WES MOODY, RE: PEPPERTREE TRACT TRAFFIC PROBLEMS Mr. Wes Moody, 14582 Alder Lane, Tustin, member of the Community Relations Committee of the Peppertree Homeowners Association, asked that the Council direct attention to the traffic problem City Council Minutes 4/7/75 Page two in Peppertree tract, especially the speeding problem and pos- siblestop sign locations. Mayor Saltare~li requested that the City Engineer look into this. 2. MR. RAY KEMP, RE: "TUSTIN COMMUNITY NIGHT", ANGEL STADIUM Mr. Ray Kemp, 436 West Sixth Street, Tustin, announced on behalf of the~Chamber of Commerce that May 10 will be "Tustin Community Night" at Angel Stadium. Tickets are $3.00, bus $2.00; tickets are available from Helen Crider at Coast Federal Savings. 3. MR. MIKE MAHONEY, RE: WAIVER OF PERMIT FEES FOR TILLER DAYS Mr. Mike Mahoney, State Jaycees Director and past President of Tustin Jaycees, addressed the Council requesting that permit fees related to staging of Tustin Tiller Days in October be waived, as it is a community event no longer subsidized by the City. It was the consensus of the Council that Mr. Rourke and Mayor Saltarelli would meet with the Jaycees representatives to deter- mine what could be done. 4. MR. GARY JOHNSON, RE: TUSTIN TENNIS CLUB PROPOSAL Mr. Gary Johnson of the Tustin Tennis Club presented to the City Council copies of an informal proposal and petitions relating to tennis facilities, and asked that the matter be agendized at the next meeting. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - March 17, 1975 meeting. 2. RATIFICATION OF DEMANDS - in the amount of $82,421.46. 3. EXONERATION OF BOND - TRACT 7954 Exoneration of Bond for landscape, maintenance and con- struction - Tract No~ 7954, in amount of $3,000.00, as recommended by the City Engineer. 4. RESOLUTION NO. 75-16 A Resolution DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE CITY COUNCIL OF THE CITY OF TUSTIN TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN, AND DESIGNATED AS "COLUMBUS TUSTIN SCHOOL ANNEXATION NO. 89" TO THE CITY OF TUSTIN AND GIVING NOTICE OF THE PROPOSED ANNEXATION. 5. RESOLUTION NO. 75-17 A Resolution of the City Council of the City of Tustin, California, ASCERTAINING AND DETERMINING THE PREVAILING RATES OF WAGE TO BE PAID ON PUBLIC WORKS CONTRACTS IN THE CITY OF TUSTIN, CALIFORNIA. 6. RESOLUTION NO. 75-18 A Resolution of the City Council of the City of Tustin RELATIVE TO WORKMAN'S COMPENSATION BENEFITS FOR REGIS- TERED VOLUNTEER "DISASTER SERVICE WORKERS". City Council Minutes 4/7/75 Page three 7. PROPOSED VARIANCE AGREEMENT - WALNUT AVENUE CROSSING Approval as recommended by the City Attorney. 8. SUPPLEMENTAL BUDGET REQUEST - RED HILL AVENUE REPAIR ~! Approval as recommended by the Acting City Administrator. Moved by Sharp, seconded by Sutcliff that the Consent Calendar be approved. Carried unanimously. VIII. ORDINANCES FOR ADOPTION IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 647 An Ordinance of the City of Tustin, California, AMENDING ORDINANCE NO. 189, THE CONTINUITY OF GOVERNMENT ORDINANCE OF THE CITY OF TUSTIN. MOved by Sharp, seconded by Edgar, that Ordinance No. 647 have first reading by title only. Carried unanimously. The secretary read Ordinance No. 647 by title. ~-- Moved by Welsh, seconded by Sharp, that Ordinance No. 647 be ' ~ introduced. Councilman Sutcliff questioned the exclusion of any mention of the City Council in the Community Emergency Plan, with which this Ordinance is associated, and asked what their role would be in the event of an emergency. Mr. Blankenship explained that the entire Council is the Disaster Council, and the policy-making body of the City in event of dis- aster. Amplifying on comments by Mayor Saltarelli, ME. Blankenship confirmed that this Plan is coordinated with various State emergency plans, and while the nuclear emergency aspects have not been completely eliminated, they have been de-emphasized in favor of gearing up for natural disasters. In response to a question, Mr. Blankanship explained that the Plan doesn't contain specifics of any kind of training or test exercises, which would be worked out later depehding on the degree of need. Following further brief discussion, the above motion was carried. Ayes: Saltarelli, Edgar, Sharp, Sutcliff, Welsh. Noes: none. Absent: none. 2. ORDINANCE NO. 648 _' An Ordinance of the City of Tustin, California, PROVIDING FOR THE PREPARATION AND IMPLEMENTATION OF PLANS FOR DIS- ASTER EMERGENCY SERVICE. MOved by Sutcliff, seconded by Edgar, that Ordinance No. 648 have first reading by title only. Carried unanimously. The secretary read Ordinance No. 648 by title. City Council Minutes 4/7/75 Page four Moved by Edgar, seconded by Sutcliff, that Ordinance No. 648 be introduced. Carried. Ayes: Saltarelli, Edgar, Sharp, Sutcliff, Welsh. Noes: none. Absent: none. 3. ORDINANCE NO. 649 An Ordinance of the City of Tustin, California, PROVIDING FOR THE LICENSING OF BICYCLES. Mr. Blankenship explained that this ordinance complies with State law, providing for the licensing of bicycles with a common bicycle license and procedure Statewide. Bicycle dealers will license new bicycles on behalf of the City for a fifty-cent fee, which the City Will permit the dealers to retain, while the City would handle most or all of the bicycles purchased outside City limits by City residents. In reply to a question, Mr. Blankenship stated that if the program proves to cost more than anticipated, the ordinance can be amended, as the enabling legislation gives the latitude to do so. Chief Kelly explained further that local agencies will maintain records of the bicycle licenses, but that any item of property having a serial number, if stolen, can be entered into the Statewide stolen property file. In response to Councilman Sharp, Mr. Blankenship stated that dealers are not required under State law to license bicycles; they have agreed to do so if they could keep the fifty-cent fee to cover the costs. Alternatives would be to have no fee and have the City do all the licensing, or to charge $1.00-$2.00 per year. Councilman Welsh stated that the purpose of the ordinance is to achieve uniformity with State law because of the high rate of bicycle theft. He was opposed to using the ordinance as a means of raising revenue. He favored an ordinance designed to assure that the bikes are returnable to the owners. Mr. Welsh inqUiEed about when citizens may register bicycles at the present time; he was advised that exact times and places are published in "Tustin Today", but, generally, registration takes place during the week at the parks, and on weekends at the fire stations. Mr. Welsh urged greater publicity of where and when the City licenses bicycles; he had no objection to a businessman being paid for what his services are, but was against the City collect- ing any fee. Moved by Welsh, seconded by Sharp, that Ordinance No. 649 have first reading by title only. Carried unanimously. The secretary read OrdinanCe NO. 649 by title. Mayor Saltarelli Objected to the mandatory nature of the State legislation requiring bicycle licensing. He asked the City Attorney what the ramifications would be of the City not con- forming with the State law. Mr. Rourke replied that if the Council wanted to consider the question of the desirability of the ordinance itself, he could come back with information on that. But he said that the State system has been set up because of the enormity of the problem, and'the'millions of dollars being spent in recovering stolen bicycles. This legislation is an attempt to try to reduce the problem, not compound it. He added that this ordinance is a model ordinance developed by the Chiefs of Police Association in Orange County. City Council Minutes 4/7/75 Page five Chief Kelly added that the ordinance was derived from meetings with the Law Enforcement Safety Education Council, to make uni- form the bicycle licensing laws throughout Orange County. He quoted the applicable section of the State Vehicle Code on the subject, and confirmed that bike theft throughout the State is a considerable problem. Replying to questions, Chief Kelly said that the law requires serial numbers on all new bicycles. In addition to licensing done at the parks and fire stations, his Department licenses bicycles during bicycle rodeos and bicycle safety programs a~ the schools. This type of schedule would continue, he said, with the Department working on getting Explorers into the program to extend the hours of licensing on Saturdays. During further discussion, Councilman Sutcliff proposed that persons buying new bicycles be made aware of the option to go to the City for licensing, or to obtain the license ~from the dealer for a fifty-cent fee. Councilman Sharp disagreed, stating that he couldn't support an ordinance which causes residents of the City to pay somebody to do something that the City would do for free. It was determined that the ordinance would be amended to delete from Section 5-7 the reference to a fifty-cent fee for a bicycle license. Moved by Welsh, seconded by Edgar, that Ordinance No. 649 be introduced as amended. Carried. Ayes: Saltarelli, Edgar, Sharp, Sutcliff, Welsh. Noes: none. Absent: none. VIII. OLD BUSINESS 1. APPLICATION OF LYLE ANDERSON FOR RELOCATION ASSISTANCE BENEFITS (COntinued from 3/17/75) Mr. Rourke announced that agreement had been reached with Mr. Anderson, and that Mr. Anderson had amended his application to the sum of $7,500 for all of his in lieu relocation assist- ance benefits, and had signed the appropriate release agreement. Mr. Rourke recommended that the Council, by minute order, approve the settlement and payment in the amount of $7,500. Moved by Edgar, seconded by Sutcliff that the settlement with Lyle AndersOn for relocation assistance benefits, and payment in the amount of $7,500, be approved. Carried unanimously. 2. TRAFFIC COMMISSION RECOMMENDATIONS RELATIVE TO SAN JUAN AND ORANGE a. Establish a crosswalk across San Juan Street from the southeast corner of Orange Avenue. b. Add "25 MPHWhen Children Are Present" signs to the existing "School" signs along San Juan Street. c. Request the County of Orange to clear the public right-of-way at the southwest corner of all shrub- bery interfering with visibility of motorists. Moved by Welsh, seconded by Edgar, that the Traffic Commission recoramendations relative to San Juan and Orange be approved as presented, Staff responded to Mr. Sharp's questions, indicating that the Traffic Commission had recommended also that a Crossing guard not be placed and stop signs not be installed at this location; and that the Lambert School PTO had been notified of the recom- mendations and no response had been received. Above motion carried unanimously. City Council Minutes 4/7/75 Page six XI. NEW BUSINESS 1. SERVICE TO AREAS REJECTING ANNEXATION Mayor Saltarelli expressed his opinion that a group of people had indicated their desire not to have any of the City's ser- vices (referring to the recent Pasadena-Carlann Annexation election, which failed), andhe felt that the Council was obli- gated to take positive action to see that not one cent of tax- payers' money is spent for services to benefit these County island residents. CounCilman Sharp concurred, feeling that especially in regard to such services as Parks and Recreation and any other kind of service that the rest of the people are paying taxes to support,I he favored taking whatever measures are necessary to see that these facilities and services are maintained for City residents alone. Councilman Edgar agreed, and asked how to get the message across to the people in that area of what they have received from the City that they will no longer be receiving. Mayor Saltarelli proposed sending letters to them stating that they have voted and the City will respect their wishes and not provide them services, and ~i~inq them th~ number of the County Sheriff for emergencies. Be was advised that staff iS attempt- ing to obtain some telephone stickers listing County emergency numbers, with the intent of sending them with the letters. Mr. Rourke commented that this matter would take a lot of study, as he was doubtful about the effect of these proposed policies on the City's joint aid programs, mutual response, etc. Mayor Saltarellisuggested notifying other agencies that the City should not be called for second response in that particular area. He also di'reCted that the City Attorney research State statutes concerning the ability of a city council to petition the board of supervisors to levy a tax for services in County areas. Mr. Rourke responded that this is related to the matter being studied and litigated in Los Angeles. He advised that he had attended a meeting two weeks before on the subject, and that there is a great deal of interest throughout the State in the subject of allocation of revenues, imposition of tax and provi- sion of services to various areas. He anticipated that in the next few months there will be a great deal more information on this complex subject and a better understanding of where taxes come from and how they are being allocated between cities, counties, special districts and unincorporated areas. Councilman Sutcliff urged delaying sending the letters to those County residents until the implications are known of refusing mutual aid to certain areas. She asked how often the County comes to the aid of City residents. Chief Kelly stated that would have to be studied, but that responses between the agencies were mutual. Be said that he had already taken steps to instruct dispatchers to turn down all calls for assistance from that area and instruct them to call the Sheriff. He thought, though, that some situations would be difficult, such as if a City officer is in the area and sees an emergency in progress--he cannot really ignore it. There could be situations where a Tustin citizen would be out for a walk in that County area and need aidT and a second response actually involves aiding another agency's officer--refusing to respond could endanger that officer's life. He was reluctant to lose that rapport with other agencies for a small area. City Council Minutes 4/7/75 Page seven Following further discussion, during which the principle pro- posed was supported, decisions as to details of implementation were deferred pending availability of further information, and support was urged of legislation at the County and State levels which might alleviate the problem of County islands, it was moved by Sharp, seconded by Saltarelli, that the staff be dir- ected to develop a report outlining measures which can be taken immediately, and those which may be done later, all toward implementing the principle of deleting service to County areas which have rejected annexation to the City. Carried unanimously. 2. AFFIRMATIVE ACTION PROGRAM Councilman Edgar noted an apparent oversight in Section E-l-a, in which Saddleback College was excluded from the list of colleges. Councilman Sharp expressed the concern that some of these plans could conflict with some of the employee organization charters that may exist, and some probably do conflict with portions of pendingS. B. 275, relative to collective bargaining for pub- lic !employees. Moved by Welsh, seconded by Edgar, that the Affirmative Action Plan be adopted. Carried unanimously. 3. AWARD OF BID - CITY CENTER LIBRARY PARKING LOT Mr. Ledendecker, City Engineer, indicated that if the contract is awarded now, the project can be underway within ten days to two weeks, with a 45-day construction time. The County can be billed for their share once the City pays the contractor. It is difficult to compare the cost of these facilities with that of Other parking areas in the City Center, as the latter were included as part of a lump sum contract. Bids received were as follows: Saddleback Grading & Paving Co ..... $20,794.75 Lewis Paving, Inc ........... 21~304.25 Sully Miller Contracting Co., Inc. . . 21,809.37 R. W. McClellan & Sons. Inc ..... 22,491.60 R. J. Noble Co., Inc .......... 23,160.35 John W. Tiedemann Co .......... 23,905.30 Continental Grading & Paving Co .... 25,759.50 C. L. Murphy Const~ Co., Inc ...... 27,734.91 Moved by Edgar, seconded by Sharp, that the bid for construction of the City Center Library ParKing Lot be awarded to the low bidder, Saddleback Grading & Paving Co., in the amount of $20,794.75. Carried unanimously. 4. AWARD OF CONTRACT - TRAFFIC SIGNAL MODIFICATION (LEFT TURN PHASING) AT RED HILL AND SYCAMORE Mr. Ledendecker reported that it would take ten days to two weeks to initiate the work; the project should be completed in 120 days. Bids were received as follows: Baxter-Griffin Co., Inc., Stanton . .$41,848.00 C.T.F., Inc., Bell Gardens. ~ ..... 42,294.00 Grissom & Johnson, Inc., Santa Ana. . 43,994.00 Steiny & Co., Inc., Anaheim ...... 47,600.00 Smith Electric Co., Stanton .... 48,424.00 S & W Elect. Contractors, Inc.,Maywood. 48,981.00 William R. Hahn, La Habra ....... 51,448.00 Paul Gardner Corp., Ontario .... 54,441.00 City Council Minutes 4/7/75 Page eight Moved by Edgar, seconded by Sharp, that the COntract for Traf~ fiC Signal Modifications at the intersections of Red Hill at Walnut Avenue and Red Hill at Sycamore Avenue be awarded to the low bidder, Baxter~Griffin Co., Inc., of Stanton, in the amount of $41,848.00. Carried unanimously. XII. OTHER BUSINESS 1. PARKS AND RECREATION COMMISSION GOALS Council comments on the Parks and Recreation Department and Commission Coals were as follows: a. Each of the sentences in "Specific Objectives" should have a specific facility or activity to relateto it, and then priorities allocated; translating the goal into something that can happen. b. It should not be within the purview of the Parks and Recre- ation Commission to "seek further sources of revenue" (#2 - New Revenue), except to advise the Council of possible grants, etc., which the Council should pursue. Wording to be changed to "To identify further sources of revenue..." c. Regarding #7-g (Other Special Study Areas), "youth services~ problems, involvement and work training experience" are to be further defined. Mac. Biery, Director of Parks and Recreation, was asked to relate these thoughts to the Parks and Recreation Commission. 2. JAMBOREE RIGHT-OF-WAY Mr. Fleagle referred to his April 7th memo to the City Council concerning use and maintenance of the Jamboree Road right-of-way between the flood control channel and the Santa Aria Freeway right-of-way, and recommended that the matter be deferred for dis- cussion at the next regular meeting, following consideration of the landscaping, etc., for this area and the Industrial Complex area by the Parks and Recreation Commission. This matter was continued to the next regular meeting. 3. CITY CENTER PAYMENTS The Council concurred in Mr. Blankenship's recommendation that billing from the architect for the City Center project be held in abeyance pending the outcome of the drainage problem and other items. Moved by Edgar, seconded by Sutcliff, that payment of $2,212.20 to Allison Honer, Community Building contractor, be authorized. Carried unanimously. 4. "MISS ORANGE COUNTY" Councilman Welsh announced that "Miss Tustin", Michelle Martel, had bean selected as "Miss Orange. County". ! 5. INSURANCE Councilman Edgar reminded staff that studies should be starting on the group insurance coverage, for letting of contract by June 1. City Council Minutes 4/7/75 Page nine 6. CORRESPONDENCE APPROVED The Council approved sending of two items of correspondence by the Mayor, both tO the Department of Housing and Urban Development, indicating the City's intent to participate in the National Flood Insurance Program; and expressing the City's lack of objection to entitlements forl the Orange Gardens Apartments on Nisson. XIII. ADJOURNMENT The meeting was adjourned at 9:52 p.m. to an Executive Session, and then to the next regular meeting of April 21, 1975.