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HomeMy WebLinkAboutCC 1 MINUTES 03-01-82MIN=rmS OF A ~u~AR ~mu~'~NG OF THE T~STIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way February 16, 1982 I. C2~L TO O~DER The meeting was called to order by Mayor Sharp at 4:16 p.m. Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Kennedy, Sharp Ho.stet.y, Saltarelli James G. Rourke, City Attorney william A. Huston, City Manager Mary E. Wynn, City Clerk Mike Brotemarkle, Co~n. Dev. Director Bob Ledendecker, Director of Public Works Roy Gonzales, Personnel Direotor 9myleen White, Community Services Director Ronald Nault, Finance Director Dale Wick, Assistant City Engineer Eva Solis, Deputy City Clerk Approximately 15 in the audience III. P~-TC CO, CEOS Kathy Weil, 1702 Summerville, representing the Tustin Meadows Com- munity Association, thanked the City and particularly the Director of Public Works for striping the complete circle street as requested by residents during very foggy weather. The street was formerly striped only on the curves. She stated the response by the City was very quick and thanked the Director of Public Works and his staff for their cooperation and helpfulness in not only this project, but in many o~her projects. 86 IV. CON-~NT It was mmved by Kennedy, seconded by Saltarelli, to approve the entire Consent Calendar. Motion carried 3-0, Hoesterey and Salta- relli absent. 1. APPBOVAL ~ MI~r~S- February 1, 1982. 2. APP~OVAL ~ ~EMANDS in the amount of $2,009,684.44. I~%TIFICA~ ~ PAXl~O~J~ in the amount of $98,350.42. 50 ~ESOI/]TIO~ ~O. 82-14 - A Resolution of the City Council of the City of Tustin, California, PROVIDING FOR THE CONSOLIDATION OF THE SPECIAL PRIMARY ELECTION WITH THE GENERAL MUNICIPAL ELECTION IN THE 35TH SENATE DISTRICT Adoption of Resolution No. 82-14 as reco~nended by the City Clerk. 48 4m RESOLUTION NO. 82-15 - A Resolution of the City Council of the City of Tustin, California, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BER~ URBAN OPEN-SPACE AND RECREATION PROGRAM Adoption of Resolution No. 82-15 as recommended by the Com- munity Services Director. 41 ST~T IMPNOv~TS Authorize the Mayor to execute subject agreement for inspec- tion services on traffic signal controllers and other related traffic signal equipment for the Irvine Boulevard F.A.U. project as recommended by the City Engineer. 45 v. ORDINANCES FOR INTNDDUCTION - None VI. ORDINANCES FOR ADOPTIO~- None CITY COUNCIL MINUTES Page 2, 2-16-82 VII. O~D B~SINESS B~SINESS 1. G~K,.?.RR D~v~OP~T ~W~TTS "C" Street Plaza and Parking Structure ). The City Manager presented the staff report and recommendation. AS reco~ended in the report dated February 10, 1982, prepared by the City Manager, it was moved by Edgar, seconded by Sharp, to authorize: 1 ) The Mayor to execute the final form of the agreements between the City and Gfeller Development Co. for the parking structure and mall and plaza; 2) A loan from the General F~nd to the Redevelopment Agency in the amount of $350,000, to be repaid in three years at 12% interest (or whatever higher rate is authorized by State law and subsequently approved by the City Council), said loan to supplement Agency funds allocated for the parking structure; and 3) The Redevelopment Agency to allocate an additional $83,743 from the Agency unrestricted fund balance to supplement the $250,000 currently budgeted for the parking structure and the $350,000 loan. Councilman Edgar noted that although additional funds of $83,743 will be appropriated, the funds in the bank are now drawing interest and acknowledged that perhaps $45,000 to $50,000 could be earned by those funds during the period the City waits to ~ay off the loan. In response to the Mayor, the Community Development Director stated that it will be less costly to install fire sprinklers than to redesign the subterranean level of the parking struc- ture. He also responded that the City would not need openings on the east side of the parking structure. The ground level is solely for utilization by the Stevens Square facility and the upper deck is for use by the public. To obtain access from the upper deck would be a matter of working with the adjacent prop erty owner to provide a stairway down to the level. The motion carried 3-0, Hoesterey and Saltarelli absent. In response to Councilman Edgar, the Director of Public Works reported that ~he two power poles on "C" Street will be removed and utilities installed u~derground; two new street lights will be installed between "B" and "C" Streets; and the old street light will be removed. Bids for subject service were received as follows: Valley Industrial Services, Inc., Anaheim L & N Uniform Supply, Santa Aha Prudential Overall Supply, Santa Ana $8,944.00 $10,397.40 $11,739.00 Pursuant to the recommendation contained in the report dated February 2, 1982, prepared by the Director of Public Works, it was moved by Edgar, seconded by Kennedy, to authorize the award of bid to Valley Industrial Services, Inc., Anaheim, in the amount of $8,944.00 per year for furnishing Maintenance Worker uniforms and providing laundry service for said uniforms for a three-year period. Carried 3-0, Hoesterey and Saltarelli absent. 45 2. AWARD 0~ BTn - I~V~NE ~z-FD. CENTER M~,,IAN ~00IFICATIO~ The Director of Public Works reported that subject project was previously awarded to Noveco, Inc. However, the contractor was unable to provide a bonding company which meets City Code requirements within the prescribed ten working days. He con- tinued that the contractor is now able to provide adequate bond- ing and present to speak before the Council. CITY COUNCIL MINUTES Page 3, 2-16-82 A representative of Noveco, Inc., relayed problems encountered by them in obtaining adequate bonding for the contract. He stated they are now able to provide the required bonding and requested that they be awarded the bid as it originally was, even though it is now beyond the ten-day limit. The City Attorney recommended that Council recess to Executive Session for discussion of this issue. RECESS - SESSI(~ & It was moved by Edgar, seconded by Kennedy, to recess at 4:39 p.m. to an Executive Session for discussion of legal matters. Carried 3-0, Hoesterey and Saltarelli absent. The Council reconvened at 4:51 p.m. with Hoesterey and Saltarelli absent. As recon~ended in the report dated February 9, 1982, prepared by the Engineering Division, it was moved by Kennedy, seconded by Edgar, to award the contract for subject project to the second low bidder, Hardy & Harper, Inc., T~stin, in the amount of $14,460.00 and authorize return of the 10% bid bond to Noveco, Inc., Corona. Motion carried 3-0, Hoesterey and Saltarelli absent. 92 The City Manager presented the staff report and recommendation. Pursuant to the recommendation contained in the memo dated February 10, 1982, prepared by the City Manager, it was moved by Edgar, seconded by Kennedy, to authorize a supplemental appro- priation of $11,000 from the General Fund unrestricted fund balance to supplement funds currently budgeted for Police Department computer programs (software). Motion carried 3-0, Hoesterey and Saltarelli absent. 45 4. T~STIN TODAX As recommended in the report dated February 10, 1982, prepared by the Community Services Director, it was moved by Edgar, sec- onded by Kennedy, to authorize staff to execute agreement with Shorco Publishing, Inc., whereby Shorco would accept financial responsibility for design, layout, typesetting, and printing of quarterly brochure in exchange for advertising revenue. Carried 3-0, Hoesterey and Saltarelli absent. 45 LEGALITY 0W ~n~TI~E SESSIO~ - NEW ~INESS -'£~ NO. 2 The Mayor recognized John Orr, Tustin News reporter, who stated he was unable to find in his "Reporter's Handbook on Media Law" justification for the closed session for New Busines Item No. 2 and requested that justification for the closed session held previously be stated for the record. The City Attorney responded the closed session was to discuss wi~h legal counsel legal matters under the provisions of law that authorize consul- tation with the City's legal counsel by the City Council in reference to legal matters. As requested by Mr. Orr, the City Attorney indicated he would provide him with a citation of the case law pertinent to the matter. Council concurred with Councilwoman Kennedy to share information with Mr. Orr on the matter if possible. 36 X. RECESS - ~q~NING It was moved by Edgar, seconded 'by Kennedy, to recess at 4:55 p~m. to the 7:30 p.m. evening session. Carried 3-0, Hoesterey and Salta- relli absent. CITY COUNCIL MINUTES Page 4, 2-16-82 CI'I'X COUNCIL ~m~'TING l~CO. vzs~D 7:30 P.N. p,~us.,r.u, IG T . C~T.T. TO OP4)ER The meeting was called to order by Mayor Sharp at 7:34 p.m. .a~:~DA O~DER IV. p~m~.TC 1. Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Kennedy, Sharp Hoesterey, Saltarelli James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Bob Ledendecker, Director of Public Works Charles Thayer, Police Chief Approximately 25 in the audience UBDE~GBO~ND ~TILZT~ DISTRICT NO. 6 - I~VINE BOULevarD m~rw~ YO~A STREET ~ND ~T O~DTNANC~ NO. 868 -- An Ordinance of the City Council of the City of Tustin, California, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 6, IRVINE BOULEVARD, AND DECLARING ITS INTENTION TO ORDER THE CONVERSION The Director of Public Works presented the staff report basi- cally as contained in his written report dated February 11, 1982. He also said that there was some concern by residents and businesspersons on E1 Camino Real that the funding wherein $220,000 would be transferred to the Irvine Boulevard project would delay the E1 Camino project. Both projects will be accom- plished as scheduled. The Public Hearing was opened at 7:40 p.m. Mary V. Flaherty, 190 E1 Camino Real, and Elmer A. Loy, 13224 Newport, expressed concern that the City was postponing the E1 Camino project in favor of .the Irvine Boulevard project. They were opposed to using the funds for the E1 Camino project for this project. The Director of Public Works explained that the removal of the telephone lines would be completed the first week in April, the street improvement plans will be advertised in May, and con- struction will start the last week in June or the first week in July. It is anticipated that it will be completed the last week in October. He pointed out that the Irvine Boulevard plans are ready to begin now and the E1 Camino Real plans will be ready in early fall. The E1 Camino Real project will be funded in the 1982-83 budget. The Public Hearing closed at 7:48 p.m. It was moved by Edgar, seconded by Kennedy, that Ordinance No. 868 have first reading by title only. Carried 3-0, Hoesterey and Saltarelli absent. Following reading of the title of Ordi- nance No. 868 by the City Clerk, it was moved by Edgar,. sec- onded by Kennedy, that Ordinance No. 868 be introduced. Councilwoman Kennedy wanted assurance from staff that the E1 Camino Real project would not be delayed because of this trans- fer of f~nds. The City Manager said that project will be accelerated to the next fiscal year and there is no question but what the funds are there. The Director of Public Works said there would be a meet- ing of the downtown people on February 18 at 5:00 p.m. to review the plans. Once they have been seen and agreed upon, it will come back to Council. Once the conceptual plan has been com- pleted, the final preparation of plans will continue. Motion carried 3-0, Hoesterey and Saltareli absent. 104 CITY COUNCIL MINUTES Page 5, 2-16-82 AGENDA OROER IX. REPORTS 1. INFO~MATI0~AL REPO~ C~ TIJ~LER DAYS It was moved by Edgar, seconded by Kennedy, to receive and file the report prepared by the Community Services Director dated February 10, 1982. Carried 3-0, Hoesterey and Saltarelli absent. 34 C~tCE~S 1. V. OTHER BUSINESS 1. COMPLAINTS ~at~DING T~STIN AR~S II APA~'M]~TS Rod 0rtiz, 15851 Pasadena Avenue E-l, presented a petition which was a declaration of rights due to harrassment they have received from the owner. He read 18 complaints listed on the petition. Mayor Sharp suggested Mr. 0rtiz give a copy of the petition to the City Manager who would pursue the complaints over which the City would have jurisdiction. Mr. Ortiz said that the owners were given an extension of their Use Permit to October, 1982, and they intend to come before Council to ask for a rent increase for those tenants whose rents were frozen in the condi- tions of the Use Permit. The City Manager said that staff would investigate. 42 It was moved by Kennedy, seconded by Edgar, to approve the settlement of the claim of John Illingsworth in an amount not to exceed $5,000.00, as recommended by the City Attorney. Carried 3-0, Hoesterey and Saltarelli absent. 40 2. PI~-~A~ B~ OI~ANGE CO~-,-x Wa'~'~R DIST~CT Councilwoman Kennedy reported she received a letter from the Orange County Water District which asked for permission to make a presentation before the Council regarding the referendum on the peripheral canal that will go to the voters in June. Coun- cil concurred that staff should agendize this for a future meet- ing. 107 3. ~x~RE-_~R~TATXVE TO THE ORANGE C0~N%~f ~ECTOR ~G~T~0L DISTP~ICT Councilman Edgar brought up that one of the standards that Coun- cil has had is that if those who run in a City election for Member of the City Council have been appointed to a particular position by the City Council, they should no longer hold that position. Based on that fact, it was moved by Edgar, seconded by Sharp, that Ralph Welsh, Jr. be removed as Tustin's represen- tative to the Orange County Vector Control District and that Ursula E. Kennedy be appointed as his replacement. Councilwoman Kennedy said it was difficult for her to speak on this because Mr. Welsh does hold a high position in the State as President. Councilman Sharp said that if we maintain the past policy, it is fair to everyone. He suggested we send a letter to Mr. Welsh for his service rendered to the City. Motion carried 2-0, Kennedy abstaining, Hoesterey and Saltarelli absent. 67 VI. ADJOu~T It was moved by Edgar, seconded by Kennedy, to adjourn at 8:13 p.m. to the next regular meeting on March 1, 1982. Carried 3-0, Hoesterey and Saltarelli absent. CITY CLERK MAYOR