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HomeMy WebLinkAboutMINUTES 06-03-85MINUTES OF A REGULAR ~ETING OF THE CXTY O)UNCIL OF THE CITY OF TUSTIN, C.~LXFORNIA JUNE 3, lg85 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Greinke at 7:01 p.m. in the City Council Chambers, 300 Centennial Way. Councilman Edgar led the by Councilwoman Pledge of Allegiance, Kennedy. and the Invocation was given II. ROLL CALL Councilpersons Present: Councilpersons Absent: Others Present: Frank H. Greinke, Mayor. Donald J. Saltarelli, Mayor Pro Tem Richard B. Edgar Ronald B. Hoesterey Ursula E. Kennedy None William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Donald D. Lan~n, Com. Development Director Charles R. Thayer, Chief of Police Robert S. Ledendecker, Dir. of Public Works Royleen A. White, Dir. of Com. & Admin. Srvcs. Janet Hester, Administrative Secretary Approximately 35 in the audience III. PROCLAIWUkTION 1. BOB BOIES - GOLDEN TOUCH AWARD RECIPIENT Mayor Greinke read and presented a proclamation commending Bob Boies upon his selection by Tustin High students to receive ATSC's Golden Touch Award for his work with youth. Mr. Boies extended his thanks to the Council and students. 84 SPECIAJ_ RECOGNITIONS Mayor Greinke recognized and welcomed Jim Sumrow, Southern California Edison Company, who was recently appointed to represent the Tustin area. The Mayor commented that the Second Annual E1 Camino Real Championship Chili Cookoff was a tremendous success, and he lauded City staff and committee members on their work in coordinating the event. IV. PUBLIC HEARING 1. PROPOSED DESIGNATION OF LAGUNA ROAJ), FROM NEWPORT AVENUE TO MYFORD ROAO, TO EL CA~IINO REAL - RESOLUTION NO. 85-56 The staff report and recommendation were presented by the City Attorney as contained in his inter-com dated April 26, 1985. The public hearing was opened by Mayor Greinke at 7:10 p.m. Margaret Greinke, 230 South "A" Street, representing the Tustin Area Historical Society, chronicled Laguna Road's history and pre- sented a petition containing 35 signatures requesting retention of the Laguna Road designation. Trudy Wilson, Tustin Chamber of Commerce Director, stated that the Chamber Board of Directors is unanimously in favor of the name change and spoke in support of same. CITY COUNCIL MINUTES Page 2, 6-3-85 Ye VI. Walter Flaherty spoke in favor of the proposed street name change. There were no other speakers on the matter, and the public hearing was closed at 7:17 p.m. After Council discussion, it was moved by Kennedy, seconded by Greinke, to adopt the following: RESOLUTION NO. 85-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CHANGING DESIGNATION OF LAGUNA ROAD, FROM NEWPORT AVENUE TO MYFORD ROAD, TO EL CAMINO REAL Councilmembers Kennedy, Hoesterey, Saltarelli and Greinke spoke in favor of the motion in the best interest of street continuity and identity, and they expressed their greatest respect for the Histor- ical Society. Councilman Edgar spoke in opposition on the basis of preserving Tustin's heritage. The motion carried 4-1, Edgar opposed. 96 PUBLIC INPUT None. CONSENT CALENDAR It was moved by Edgar, seconded by Kennedy, to approve the entire Con- sent Calendar. Edgar and Greinke registered an abstention on the Minutes of the May 23, 1985, Adjourned Regular Meeting. The motion carried 5-0. APPROVAL OF MINUTES - MAY 20, 1985, REGULAR MEETING MAY 23, 1985, ADJOURNED REGULAR MEETING (Edgar and Greinke abstained.) 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $461,065.99 RATIFICATION OF PAYROLL IN THE AMOUNT OF $128,296.48 5O REJECTION OF CLAIM OF B. J. MC ADAt4S, INC.; DATE OF LOSS: 8/29/84; DATE FILED WITH CITY: 5/10/85; CLAIM NO.: 85-29 Rejected subject claim as recommended by the City Attorney. 40 REJECTION OF CLAIM OF CLARENCE MILTON STANFIELD; DATE OF LOSS: 8/29/84; DATE FILED WITH CITY: 5/10/85; CLAIM NO.: 85-28 Rejected subject claim as recommended by the City Attorney. 40 REJECTION OF CLAIM OF L. KENYON LILJEGREN; DATE OF LOSS: 3/12/85; DATE FILED WITH CITY: 4/24/85; CLAIM NO.: 85-25 Rejected subject claim as recommended by the City Attorney. 40 REJECTION OF CLAIM OF ROBERT & YVONNE LEGGETT; DATE OF LOSS: 12/27/84; DATE FILED WITH CITY: 3/21/85; CLAIM NO.: 85-19 Rejected subject claim as recommended by the City Attorney. 40 SCANTRON AGREEMENT BETWEEN THE SANTA FE LAND IMPROVEMENT CO. AND THE CITY OF TUSTIN REGARDING CIRCULATION FEES FOR THE SPECIFIC PLAN NO. 7 ARF_J~ {1361 VALENCIA AVENUE) Authorized the execution of subject agreement as recommended by the Community Development Department. 45; 85-25 VII. ORDINANCES FOR INTRODUCTION 1. LICENSE & PERMIT BOARD PROCEDURES - ORDINANCE NO. 929 The staff report and recommendation were presented by the Community Development Director as contained in the inter-com dated June 3, 1985, prepared by the Community Development Department. CITY COUNCIL MINUTES Page 3, 6-3-85 VIII. IX. Xe It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 929 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 929 by the City Clerk and brief Council discussion, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 929 be introduced as follows: ORDINAJ(CE NO. 929 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE PERTAINING TO BUSINESS REGULATIONS Carried 5-0. 31 ORDENANCES FOR ADOPTION 1. INFRACTION CITATION DROINANCE - ORDINANCE NO. 932 It was moved by Hoeste.rey, seconded by Edgar, that Ordinance No. 932 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 932 by the City Clerk, it was moved by Hoesterey, seconded by Kennedy, that Ordinance No. 932 be passed and adopted: ORDINANCE NO. 932 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 1121 RELATIVE TO VIOLATIONS, PENALTIES AND ENFORCEMENT, TUSTIN CITY CODE SECTION 1132 RELATIVE TO AUTHORITY TO MAKE ARRESTS, AND TUSTIN CITY CODE SECTION 1133 RELATIVE TO CITATION PROCEDURES Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None None 81 2. MORATORIUM Of( DEVELOPMENT ALONG FIRST STREET - URGENCY ORUINA}ICE NO. 933 It was moved by Kennedy, seconded by Edgar, that Ordinance No. 933 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 933 by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 933 be introduced. Carried 4-1, Saltarelli opposed. It was then moved by ..Edgar, seconded by Kennedy, that Ordinance No. 933 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No 933 by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 933 be passed and adopted: ORDINANCE NO. 933 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUIRING COMPLIANCE WITH PROPOSALS OF A SPECIFIC PLAN FOR THE DEVELOPMENT OF FIRST STREET PROPERTIES Mayor Pro Tem Saltarelli spoke in opposition to Ordinance No. 933. Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Kennedy Saltarelli None 81 OLD BUSINESS None. NEW BUSINESS 1. BID AWARD - SM{ JUAN S~FREET STORM DRAIN FACILITY FOTP24 & LATERALS Bids for subject project were received on May 28, 1985, as follows: The Beecher Construction Company, West Covina Dabco Construction, Huntington Beach $364,051.25 $393,848.00 CITY COUNCIL MINUTES Page 4, 6-3-85 Changing Times Enterprises, Buena Park Jan Earnest Enterprises, Inc., Anaheim Gosh Construction Corp., Los Angeles Mladen Buntich Construction Co., Sunland Thibodo Construction, Vista $394,687.0O $415,706.00 $423,565.25 $437,248.00 $463,102.50 As recommended in the inter-com dated May 29, 1985, prepared by the Engineering Division, it was moved by Hoesterey, seconded by Edgar, to award the contract for subject project to The Beecher Construc- tion Company, West Covina, in the amount of $364,051.25. The motion carried 5-0. 91 XI. REPORTS None. XII. OTHER BUSINESS XIII. 1. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session to consider personnel matters pursuant to Government Code Section 54957. 2. LIBRARY PARKING LOT PROBLEMS Councilwoman Kennedy reported that she has received complaints regarding users of the Community Center parking in the Library lot on Saturdays during library hours. She requested that staff con- tact Library personnel to determine the seriousness of the matter. 39 3. 'PUBLIC WORKS WEEK" Councilwoman Kennedy acknowledged "Public Works Week" during May 26 through June 1, 1985. She commended the Tustin Public Works Department, and the Mayor indicated he would forward a letter of commendation to the department. Agnes Bacon, Mountain View Drive, indicated her street was in need of pothole repairs. 4. CLOCK AT EL ~INO REAL & MAIN STREET In response to the Mayor, the Public Works Director stated he would investigate the matter of a possible malfunction of the chimes in the clock at the intersection of E1 Cam~no Real and Main Street. RECESS - REDEVELOPMENT; CLOSED SESSION - RECONVENED It was then moved by Hoesterey, seconded by Edgar, to recess to the Redevelopment Agency, and thence to a Closed ~ession to consider personnel matters pursuant to Government Code Section 54957. Carried 5-0. The meeting was reconvened at 9:30 p.m. with all members present. XIV. ADJOURNMENT Council concurred to adjourn to the Budget Workshop on June 10, 1985, at 4:00 p.m.; thence to a Workshop on East Tustin plans on June 15, 1985, at 8:00 a.m.; and thence to the next regular meeting on June 17, 1985, at 7:00 p.m. MAYOR MINUTES OF A REGULAR ~ETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA JUNE 3, 1985 1. CALL TO QROER The meeting was called to order at 7:40 p.m. by Chairman Greinke in the City Council Chambers, 300 Centennial Way, Tustin, California. 2. ROLL ~L Agency Members Present: Agency Members Absent: Others Present: 3. APPROVAL OF MIN~ES Frank H. Greinke, Chairman Donald J. Saltarelli, Chairman Pro Tem Richard B. Edgar Ronald B. Hoesterey Ursula E. Kennedy None William A. Huston, Exec. Director/City Manager James G. Rourke, City Attorney Mary E. Wynn, Recording Secretary/City Clerk Donald D. Lamm, Com. Development Director Charles R. Thayer, Chief of Police Robert S. Ledendecker, Director of Public Works Royleen A. White, Dir. of Com. & Admin. Srvcs. Janet Hester, Administrative Secretary Approximately 15 in the audience It was moved by Hoesterey, seconded by Edgar, to approve Minutes of the May 20, 1985, Regular Meeting. The motion carried 5-0. 4. APPROVAL OF DEMANDS It was moved by Edgar, seconded by Hoesterey, to approve demands in the amount of $135,565.99 for the month of April, 1985, as recommended by the Finance Director. Motion carried 5-0. 60 5. SOUTH/CENTRAL REDEVELOPMENT PROJECT AMENOMENT - RESOLUTION NO. ROA 8S-4 As-recommended in the inter-com dated June 3, 1985, prepared by the Com- munity Development Department, it was moved by Edgar, seconded by Salta- relli, to adopt the following: RESOLUTION NO. PJ)A 8S-4 - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN DETERMINING THE ADEQUACY OF THE DRAFT ENVIRONMENTAL IMPACT REPORT (EIR 85-1) AND PROPOSED AMENDMENT FOR THE SOUTH/CENTRAL REDEVELOP- MENT PROJECT The motion carried 5-0. 60 ~INENT DO~IN PROCEEDINGS - ACQUISITION OF NEWFORTH CENTER LEASEHOLD INTERESTS The staff report and recommendation were presented by the Executive Direc- tor as 6ontained in his inter-com dated June 3, 1985. The Executive Director reviewed Agency actions to date regarding the New- forth Shopping Center. Also, the Agency authorized retention of various consultants to negotiate with tenants on its behalf to assist them with either relocation benefits or in-lieu (of relocation) benefits, together with payment for business fixtures and equipment. He reported that offers have been made to all tenants for their leasehold interest (value of lease on their business) plus fixtures and equipment, according to appraisal. Two or three tenants have settled, and all other tenants are in the pro- cess of negotiating a settlement. However, staff feels a time certain is needed for the project to move ahead. The condemnation process does not preclude continued negotiations with tenants (which will be done through various agents), but it does establish a time certain where if a conclu- sion cannot be reached, there is a process which establishes what the settlement should be. REDEVELOPMENT AGENCY MINUTES Page 2, 6-3-85 The City Attorney explained the eminent domain proceedings. He stated that the Agency will, as indicated by the Executive Director, continue to negotiate and hopefully arrive at agreements with all tenants. In the event that there are tenants with whom agreement has not been reached within 90 days from filing of action, the Agency would be in a position to take possession through a court order. Even then, any tenants who had not agreed would still have the right to have their claims decided by the court as to what amount they are entitled to be paid. Chairman Greinke noted that this was not a public hearing, and he invited speakers on the matter to come forward. Doreen Jacobs, proprietor of the Electric Eye, read a statement dated June 3, 1985, in response to the four points contained in a letter from the Redevelopment Agency. Lew Elliott, speaking on behalf of P & M Gas Station at 12999 Newport Avenue, requested possible incorporation of the station's operation in redevelopment of the Newforth Center. There were no other speakers on the matter. In response to Mr. Hoesterey, the City Attorney stated that offers have been made to all Newforth Center tenants. It was moved by Saltarelli, seconded by Edgar, to adopt the following: RESOLUTION NO. RDA 8S-5 - A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOP- MENT AGENCY FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN SUBLEASE HOLD INTER- ESTS IN REAL PROPERTY FOR PUBLIC USE AND AUTHORIZING AND.DIRECTING CONDEM- NATION The City Attorney responded to Mrs. Kennedy's questions pertaining to eminent domain procedures. Agency discussion followed. The motion carried 4-1, Kennedy opposed. 85 EXTENSION OF NEGOTIATION AGREEMENT - BURNEI-T-EHLINE PROPERTIES (NEWFORlt( CENTER) As recommended in the inter-com dated June 3, 1985, prepared by the Execu- tive Director, it was moved by Hoesterey, seconded by Edgar, to authorize a 60 day extension of the Negotiation Agreement between the Agency and Burnett-Ehline Properties. In response to Mr. Edgar, the Executive Director stated that scheduled on the July 1 Agency agenda is a presentation by Burnett-Ehline which details all terms and conditions for the project to proceed, along with site plans, elevations, etc. Chairman Greinke voiced support of a 30-day extension rather than a 60-day extension. Mr. Edgar suggested a substitute motion which would tie into the July 1 meeting, plus an "x" number of days beyond that. Mr. Saltarelli stated that the 60-day extension was not drawing out the negotiating period, but simply allowing sufficient time to complete the necessary paperwork. The City Attorney and Executive Director assured Agency members that Burnett- Ehline has been very cooperative and has not been delaying negotiations. Following further Agency/staff discussion, a substitute motion was made by Hoesterey, seconded by Edgar, to authorize a 30 day extension of the Nego- tiation Agreement between the Agency and Burnett-Ehline Properties. Car- ried 5-0. ----~0 8. ADJOURNMENT The meeting was adjourned at 8:19 p.m. by unanimous informal consent. '~q~l~,~ ~. k~ -~ CHAIRMAN RECOP~G SECP~TARY