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HomeMy WebLinkAboutCC 1 MINUTES 07-20-81MI~u','~S OF A ~GuL~%R ~K~L'ING OF THE T~STIN CITY COONCIL COUNCIL CHAMBERS 300 Centennial Way July 6, 1981 The meeting was called to order by Mayor Pro Tem Hoesterey at 4:41 p.m. II. ROL~ C~T~. Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Hoesterey, Kennedy, Saltarelli Sharp James G. Rourke, City Attorney Charles Thayer, Interim City Manager Eva A. Solis, Deputy City Clerk Mike Brotemarkle, Comm. Dev. Director R. Kenneth Fleagle, Comm. Dev. Consultant Bob Ledendecker, City Engineer Roy Gonzales, Personnel Director Ronald Nault, Finance Director Royleen White, Community Services Director Nancy Miller, Administrative Aide Approximately 15 in the audience III. It was moved by Edgar, seconded by Kennedy, to recess at 4:42 p.m. to the Redevelopment Agency meeting. Carried 4-0. OF ~DEFE~OPM~NT ~C~ July 6, 1981 1. The meeting was called to order by Chairman Pro Tem Hoesterey at 4:42 p.m. 2. Members Present: Edgar, Hoesterey, Kennedy, Saltarelli Members Absenti Sharp 3. APPROFAL OF ~T~£~ - June 15, 1981 It was moved by Kennedy, seconded by Edgar, to approve the min- utes of the June 15, 1981, meeting. Carried 4-0. 5. WORK PROPOSAL FOR EXPANDS) COI~I[~I'T~ ~suavm~OPTl~iT AGe, CZ DEVEL- 0PPlI~iT Following additional comments by Dr. Fleagle to his report dated July 6, 1981, it was moved by Edgar, seconded by Kennedy, to authorize staff to set for public hearing on July 20, 1981, con- sideration of an amendment to the Finance Plan of the Tustin Redevelopment Plan. Pursuant to Council/staff discussion, the motion was amended by Edgar, seconded by Saltarelli, to authorize staff to proceed with: 1) An amendment to the Project "A" (Town Center Project Area) financing plan to increase revenues from $600,000 to $1.5 million and to increase bonded indebtedness limitation from $6.5 million to $10 million to be presented to the Agency on July 20, 1981; 2) The acquisition of land for public parking accommodations and acquiring option for the purchase of land for civic center development and private redevelopment, as approved by the Agency; 3) The expansion of the survey area to include the entire City limits for the purpose of establishing projects in areas in need of public improvements; and CITY COUNCIL MINUTES Page 2, 7-6-81 4) An amendment to the area of the Redevelopment Plan to enable establishing a Project Area "B" for Irvine lands and "C" for recently annexed County islands. The amendment of the plan to increase the area or to create a new area will place the Agency under the restrictions of the Montoya 20% housing set aside and the other control measures of the 1976 legisla- tion. Motion carried 4-0. 81 ~'~0~ NO. ~DA 81-7 - A Resolution of the Tustin Community Redevelopment Agency of the City of Tustin, California, ACCEPT- ING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (Sanitary Sewer Improvements, Second Street and "C" Street - Holstrom Construction Corporation) AS recommended in the memo dated June 29, 1981, prepared by the City Engineer, it was moved by Saltarelli, seconded by Edgar, to adopt Resolution No. RDA 81-7, and authorize payment of the final 10% retention amount ($2,226.02) if no claims or stop notices are filed within 30 days of the date of recordation of the Notice of Completion. Carried 4-0. 91 8. DE~pM~T p~pO~ar. - ~ CO~E~ OF SEC0~D ST. & F~)SP~T AVE. The Community Development Director provided additional informa- tion to the staff report dated July 6, 1981, regarding the pro- posed development at subject location. It was moved by Edgar, seconded by Saltarelli, to reaffirm the Agency's position that the City is not interested in exercising condemnation proceed- ings for acquisition of the site but prefers to encourage pri- vate development in an expeditious manner. Motion carried 4-0. In reference to tandem parking as indicated in the report, Hoesterey stated his concerns over its effects on employee morale; Saltarelli felt tandem parking could prove successful in a commercial area for customers, with time restrictions. No action was taken on this matter. As reco,muended in the report dated July 1, 1981, prepared by the Finance Director, it was moved by Edgar, seconded by Saltarelli, to approve the loan agreement for $1,125,000.00 between the Tustin Community Redevelopment Agency and the City of Tustin and authorize its execution by Mayor and Clerk. Carried 4-0. 45 10. D(Fe~3~' PA~E/NG In response to Councilman Saltarelli's inquiry, the Community Development Director reported that staff will be meeting with Gfeller Development Corporation on July 7 to discuss downtown parking, and will then schedule a meeting with the Agency Com- mittee, staff and Gfeller to pursue the matter. It was then moved by Saltarelli, seconded by Kennedy, to adjourn at 5:05 p.m. to the 7:30 p.m. public hearing for Fiscal Year 1981-82 Redevelopment Agency Budget. Carried 4-0. RECORDING SECRETARY CHAIRMAN CITY COUNCIL MINUTES Page 3, 7-6-81 ~TING OF TUSTIN .-.-~-~ ~O~NCIL K~Cu~v~u AT 5:05 P.M. July 6, 1981 IV. Pgu~IC CO, CEOS None V. CO~S~T ~AR Item No. 8 was removed from the Consent Calendar by Kennedy. It was then moved by Edgar, seconded by Kennedy, to approve the remainder of the Consent Calendar as follows: 4e 5o 6e APP~%OFAL OF MI~=z'.~,,S - June 15, 1981 AFFROFA~ OF D~m%ND8 in the amount of $241,825.61 RATIFICA~-Z(~ OF PA~O~L in the amount of $90,982.61 5O DENTaT. OF ~na~ - ~ MC C~AX, ~.%ZM NO. 81-12, DATE OF LOSS: 5--5--81 Deny Claim of Karen McCray as recommended by the City Attorney 40 ~3L[F~IO~ WO. 81-77 - A ~solution of the City Council of the City of Tustin, APPROVING '£~NTATIVE TRACT NO. 11564 LOCATED AT 14682 HOLT AVENUE Adopt Resolution No. 81-77 as recommended by the Co~munity Development Department. 99 ~K~TIO~ WO. 81-78 - A Resolution of the City Council of the City of Tustin URGING THE CONGRESS OF THE UNITED STATES TO AMEND TITLE 42 UNITED STATES CODE SECTIONS 1983 AND 1988 TO LIMIT THE LIABILITY OF MUNICIPAL GOVERNMENTS AND TO LIMIT ATTORNEY'S FEES IN ACTIONS ALLEGING VIOLATIONS OF CIVIL RIGHTS Adopt Res61ution No. 81-78 as reco~nended by the City Council. 61 ~.~(~]TIO~ NO. 81-79 - A Resolution of the City Council of the City of Tustin, APPROVING TENTATIVE TRACT NO. 11569 (14722 New- port Avenue) Adopt Resolution No. 81-79 as recommended by the Community Development Department. 99 ~ESOI~TIO~ NO. 81-80 - A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION [Red Hill Avenue MCAS(H) Memorial Sidewalk - Nobest, Inc.] Adopt Resolution No. 81-80 as recommended by the Public Works Department. 92 ~SO~TIO~ NO. 81-82 - A Resolution of the City Council of the City of Tustin, California, ADJUSTING CERTAIN TUSTIN WATER SER- VICE USAGE RATES Adopt Resolution No. 81-82 as approved by the City Council on June 15, 1981. 58 107 10. ~ESOL~TIO~ NO. 81--83 - A Resolution of the City Council of the City of Tustin, California, RELATING TO THE CLASSIFICATION, COM- PENSATION AND TERMS OF EMPLOYMENT OF CITY NON-ADMINISTRATIVE AND NON-MANAGEMENT GENERAL EMPLOYEES OF THE CITY OF TUSTIN Adopt Resolution No. 81-83 as recommended by the Interim City Manager. 79 11. ~OL~TION NO. 81-84 - A Resolution of the City Council of the City of Tustin, California, RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF MANAGEMENT OFFICERS OF THE CITY OF TUSTIN Adopt Resolution No. 81-84 as recommended by the Interim City Manager. 79 CITY COUNCIL MINUTES Page 4, 7-6-81 12. R~Q~ESTFOR PA~KI~G p~O~IBITION - B?.?~NCE A~ Authorize installation of signing on northerly side of Alli- ance Ave. to read, "No Parking, 6:00 a.m. to Noon, Thursday, Street Sweeping," with warnings to be issued in lieu of citations for the first 30 days after sign installation as recommended by the Public Works Department. 75 13. N~W~O~A~UE~IAN P~?~CT- ~UEST FOR 50 DA~ EX~NSI(X~ Authorize 50-day time extension on contract as recommended by the Public Works Department. 92 14. APPOINTMEnT OF CITX~CX~I',ICAL & ~%LTHCA~ COONDINATOR Approve Dr. Joseph Dinglasan for position of City Physician, to be effective July 6, 1981, until further notice, as recommended by the Interim City Manager. 103 15o APPOINTM~IT TO O~NGE CO~NT~ T~ANSPO~ATIC~ CO~ISSI~ - Appoint Co~cl~ Edgar to ~e Technical Advisory Co~ittee - Orange County Transportation Co~ission, and City Engineer Bob Ledendecker as alternate, as reco~ended by ~e Interim City ~nager. 16. DI~~ Au~orize City ~nager to ~spose of ~uipment ~d if ~ssi- ble, donate it to a city in need as reco~ended by the Inter~ City ~nager. 5~ 17. ~OZ~]TIO~ NO. 81-85 - A Resolution of the City Council of the City of Tustin, RECOMMENDING APPROVAL OF TRACT NO. 11291 (1231 Warner Avenue) Adopt Resolution No. 81-85 as recommended by the Community Development Department. 99 The City Engineer'responded to Councilwoman Kennedy's questions per- taining to Consent Calendar Item No. 8 regarding the three proper- ties where easements were not obtained for the undergrounding work. It was then moved by Kennedy, seconded by Edgar, to adopt Resolution No. 81-81, as recommended in the report dated July 1, 1981, prepared by the Public Works Department. 8. RESO~TIO~ NO. 81--81 - A Resolution of the City Council of the City of Tustin, California, AMENDING RESOLUTION NO. 81-14 TO AMEND EXHIBIT "C" ATTACHED THERETO (El Camino Real Underground Utility District No. 5) Carried 4-0. 104 In response to Counciman Edgar, the City Engineer reported that it is expected to have the conversion completed and poles removed in about 2-1/2 months, barring any unforseen delays. OED~N~I~CES ~OR ~ DUCT~O~ None VII. O~DINANCES FOR ADOPTIC~ 1. O~DINANCENO. 853 - An Ordinance of the City Council of the City of Tustin, REZONING PROPERTY ON ZONE CHANGE APPLICATION 81-3 AT 615 E. FIRST STREET (230 + East of Fashion Lane, North Side of First Street) It was moved by Edgar, seconded by Kennedy, that Ordinance No. 853 have second reading by title only. Carried 4-0. Following reading of title by the Deputy City Clerk, it was moved by CITY COUNCIL MINUTES Page 5, 7-6-81 Edgar, seconded by Kennedy, that Ordinance No. 853 be passed and adopted. Roll call vote: AYES: NOES: ABSENT: Edgar, Hoesterey, Kennedy, Saltarelli None Sharp 110 O~DINANCE ~O. 854 - An Ordinance of the City Council of the City of Tustin, RECOMMENDING APPROVAL OF REZONING APPLICATION NO. 81-4 LOCATED ON THE WESTERN SIDE OF NEWPORT AVENUE, BETWE~ MAIN STREET AND EL CAMINO REAL. It was moved by Edgar, seconded by Kennedy, that Ordinance No. 854 have second reading by title only. Following reading of title by the Deputy City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 854 be passed and adopted. Roll call vote: AYES: NOES: ABSENT: Edgar, Hoesterey, Kennedy, Saltarelli None Sharp 110 VIII. C~D BUSINES~ None IX. N~W BUSINESS AS recommended in the memo dated June 24, 1981, prepared by the Interim City Manager, it was moved by Saltarelli, seconded by Edgar, to accept the proposed settlement between the City of Tustin and William Hull in the amount of $20,582.30 and autho- rize the Interim City Managr to execute the compromise and release portions of that agreement. Motion carried 4-0. Following consideration of the memo dated June 24, 1981, pre- pared by the Interim City Manager, it was moved by Kennedy, seconded by Edgar, to accept the settlement for Nancy Kuras in the amount of $8,850.00 and authorize the Interim City Manager to execute the compromise and release agreements between Nancy Kuras and the City of Tustin. Councilman Saltarelli requested clarification of the matter. The City Attorney responded that Tustin is settling the Workers' Compensation claim for injuries to our employee, although sustained through actions by another public entity's employee, and a cross action has been filed against the City of Newport Beach for recovery of settlement costs in the matter. Carried 4-0. 79 3. ~NTATAv~ TO ORANGE COUmTx ~LTH PLANNING As recommended in the memo dated June 26, 1981, prepared by the City Clerk, it was moved by Kennedy, seconded by Edgar, to ask the Tustin News if they would publish an article on July 16 requesting any residents interested in becoming the representa- · tire or alternate for the Orange County Health Planning Council to contact the City Clerk's office. Motion carried 4-0. 70 CITY COUNCIL MINUTES Page 6, 7-6-81 X. ~ BUSINESS 1. Councilman Edgar provided an oral report on the matter, and recommended that Council appoint a qualified member of the com- munity to assist in aircraft activity affecting Tustin. It was moved by Edgar, seconded by Kennedy, to appoint Michael Wandrick to serve as a community volunteer to assist Council on airport matters, with the condition that such appointment is in an unpaid, unofficial capacity. Carried 4-0. 101 As recommended in the memo dated July 1, 1981, prepared by the Finance Director, it was moved by Kennedy, seconded by Hoesterey, to authorize filling the Business License Coordinator and Senior Account Clerk positions in the Finance Department. Councilman Saltarelli referred to budget discussions centered around tabling filling the positions pending review of a pro- posed reorganization of the Finance Department. The Interim City Manager indicated Council's direction was that reclassifi- cations within the Finance Department would be held in abeyance until the organizational structure could be reviewed; the Senior Account Clerk position is a vital function of the department; and any reevaluation, combination of duties, or possible realignment to another department is in relation to the Business License Coordinator position. The motion was amended by Kennedy, seconded by Edgar, to autho- rize recruitment and hiring of the Senior Account Clerk position and table the Business License Coordinator position following Council's review of the Finance Department's organization. Motion carried'4-0. 79 FINANCIAL STAT~S OF WATERDEPA~M~T The Interim City Manager reported that a review of the entire water department budget should be completed within 30 days, and a comprehensive report to Council will be made at that time. The Interim City Manager informed Council he has reached maximum vacation accumulation and would be using a few days at a time intermittently. 3o S'~.~S OF A~K~r BETPF~ CIT~/WA~TE~FO~"x'~BO~Sw ~ In response to Councilman Edgar, the City Attorney reported that one minor change was made in the agreement as requested by Mr. Foster, and after the amended page has been sent to the Boys' Club the City Attorney will make contact with them on the matter. Councilwoman Kennedy expressed thanks to the Community Services staff for the second annual fireworks display and commented on the excellent program. 5. FASHION LANE PAI~KING As recommended by Councilwoman Kennedy, Council concurred to direct staff to look into possible removal of on-street parking on Fashion Lane if it will eliminate a traffic hazard. CITY COUNCIL MINUTES Page 7, 7-6-81 XI. ~ECESS - EF~IING It was moved by Kennedy, seconded by Edgar, to the 7:30 p.m. meeting. Carried 4-0. to recess at 5:30 p.m. ~TING OF T~TIN CITX COUNCIL a~Cu, v~-.. AT 7.-35 P.M. July 6, 1981 T. (~T.I'. TO G~DER The meeting was called to order by Mayor Sharp at 7:35 p.m. Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp None James G. Rourke, City Attorney Charles Thayer, Interim City Administrator Eva A. Solis, Deputy City Clerk Mike Brotemarkle, Comm. Dev. Director Bob Ledendecker, City Engineer Ronald Nault, Finance Director Royleen White, Con~nunity Services Director Ronald Lowenberg, Acting Chief of Police Approximately 25 in the audience III. ~u~bIC CONCE~S None ZV. P~%'T-TC m,~;~l.~GS 1. FZSCAZ, z~ 1981-82 CI'~ ~ The public hearing was opened by Mayor Sharp at 7:37 p.m. There were no speakers on the matter. The public hearing was closed at 7:38 p.m. Based on the Interim City Manager's indication at the afternoon session regarding the Water Department budget review, it was moved by Edgar, seconded by Saltarelli, to approve the 1981-82 Fiscal Year Budget as recommended in the report dated June 29, 1981, prepared by the Interim City Manager, with the exception of the Water Department, but that salary increases for Water Department employees be acknowledged. Roll call vote: AYES: NOES: ABSENT: Edgar, Hoesterey, Kennedy, Satarelli, Sharp None None It was moved by Edgar, seconded by Hoesterey, to recess to the Redevelopment Agency meeting at 7:41 p.m. Carried 5-0. ~DE~ELOPM~T AGENC~ RECONVENED AT 7:41 P.M. 4. P~T.TC~EA~ING - FISCAL ZEAR1981-82 ~EV~PH~TAG~fCX~I~ET Mayor Sharp opened the public hearing at 7:42 p.m. There were no speakers in favor of or in opposition to the matter. The public hearing was closed at 7:43 p.m. It was then moved by Ed_~ar, seconded by Kennedy, to approve the 1981-82 Fiscal Year Redevelopment Agency Budget with the follow- ing amendments: a) Deletion of the Prospect Avenue Storm Drain in an amount of $84,000.00; and CITY COUNCIL MINUTES Page $, 7-6-81 b) Combination of the Columbus Tustin Park development plans into a single item in an amount of $150,000.00. Roi1 call vote: AYES: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp NOES: None ABSENT: None ~.~OLI~TI~ NO. ~DA 81-6 - A Resolution of the Tustin Co~m~nity Redevelopment Agency of the City of Tustin, California, APPROV- ING PLANS AND SPECIFICATIONS FOR IRVINE BOULEVARD STORM DRAIN FACILITY NO. F07P13 AND SIP 14 As recommended in the memo dated June 12, 1981, it was moved by Saltarelli, seconded by Kennedy, to adopt Resolution No. RDA 81-6 and direct the Agency Secretary to advertise for bids. Motion carried 5-0. 91 A~J~T & ~¥~ - It was moved by Hoesterey, seconded by Edgar, to adjourn to the City Council meeting at 7:44 p.m. Carried 5-0. At the request of a member of the public, it was immediately moved by Edgar! seconded by Kennedy, to reconvene as the Redevelopment Agency. Carried 5-0. 8. DEFELOP~eT P~OPOSA~ - NW CO~ OF S~C0~D ST. & P~O~PECT AV~. John A. Prescott, 18752 E. 17th Street, Santa Aha, requested information regarding the Agency's action on subject item. Agency members Hoesterey and Edgar provided the information requested and Mr. Prescott expressed his concurrence. 9. ~ - It was then moved by Hoesterey, seconded by Kennedy, to adjourn to the City Council meeting at 7:49 p.m. Carried 5-0. MEETING OF T~STIN CITY COUNCIL ~ AT 7~49 P.M. FZ~.T.,~"~,,~I~ 1981-82 Jim Farnsworth, 17331 Norwood Park Place, expressed concerns regarding the Fiscal Year 1981-82 Budget, particularly the pro- posed salary increases for upper level management positions, and the hourly retainer increase and retirement benefits for the City Attorney. Councilmembers and Mr. Farnsworth rebutted the matter for some time. John Orr, Tustin News reporter, reacted to Council's displeasure over his article pertaining to management salary increases, stating that his figures were calculated from City documents and he would stand behind same until proven otherwise. Councilman Edgar rebutted that although the mathematical compu- tations were adequate, detailed awareness was lacking. The Mayor added that comparisons should be equated to uncontrollable factors, i.e., inflation, cost-of-living, marketplace, rather than taken out of context. 2. pEDE~r~IAN/Rar~.~OAD C~S~ING AT SXCA~0~E AF~IE & B?.nER LANE George Speicher, ~4711 Alder Lane, read and presented a letter, photos, and a petition signed by 18 neighbor residents request- ing Council's consideration of the situation regarding the rail- road line crossing at Sycamore Avenue and Alder Lane, which runs between the Peppertree and Tustin Meadows subdivisions. VITo ~ BUSINESS CITY COUNCIL MINUTES Page 9, 7-6-81 Following Council/staff discussion, Council concurred to direct staff to work with area residents on the matter. 101 The Mayor requested that Mr. Speicher notify those persons who signed the petition of Council's action. 1. ~&SF ~ A~-a~ST 'l~l~ CITY Pursuant to the City Attorney's recommendation, it was moved by SharD, seconded by Edgar, that: l) Defense of the City of Tustin in the matter of Atchison, Topeka and Santa Fe Railway Company, et al, vs. the State Board of Equalization of the State of California, et al, San Francisco Superior Court No. 778986 be tendered to the County of Orange County Counsel; 2) The County Counsel be authorized to acknowledge receipt and service of Summons & Complaint; and 3) The County Counsel be authorized to arrange for the defense through the Santa Clara County Counsel's office. Carried 5-0. 40 2. SIX STAR ~SION Councilwoman Kennedy reported she was contacted by a citizen concerned by Six Star Cablevision's presence in another residen- tial area. It was moved by Kennedy, seconded by Hoesterey, to direct staff to notify Six Star Cablevision that Council will not encourage placement of discs/antennas next to a residential area. Other douncilmembers felt Six Star is already aware of Council's sensitivity to the issue. Motion failed 1-4, Edgar, Hoesterey, Saltarelli, Sharp dissenting. 53 3. PALSYING LOT LIGHTING AT COI~K OF 17TH STREET & PI%0SPECT AVenUE In response to Councilman Edgar, the Community Development Director reported that County and City staffs are working with County residents to resolve the matter. 4. ~'.~N~I'---.~ SIGNAL AT 17TH ~ & YORBA Councilman Edgar indicated the turn signal at subject inter- section reads "left turn on arrow only," and wondered if the sign could be changed to "left or U turn on green arrow only." The City Engineer indicated staff would investigate the matter. 5. FOURTH OF J~LY SECOND AN~Oa~ ~.~U~ATIO~ The Mayor expressed his extreme satisfaction with the City-spon- sored Fourth of July program and suggested that a note of thanks be sent to all involved in its successful production. Council concurred. 41 6. FZSCAL~"EAR 1981--82 Councilman Saltarelli indicated that much of the controversy over the budget and management salaries was due in pert to the present budget format. He commented that staff has been directed to implement changes which will hopefully make it easier to comprehend the City's financial operations. CITY COUNCIL MINUTES Page 10, 7-6-81 7. P~m~.~OAD CROSSINGS Councilman Saltarelli relayed a problem at the Red Hill railroad crossing wherein traffic was blocked for nearly 30 minutes, which is over and above the allotted 10 minutes, causing a backup of traffic, stalled vehicles, and forcing emergency vehicles to turn around and detour to their destination. Pursuant ~o Councilman Saltarelli' s request, it was moved b~ Edgar, seconded by Hoesterey, to direct staff to prepare a letter for the Mayor's signature to the proper authorities in support of strict enforcement of policies/regulations related to railroad crossings in the City of Tustin. Carried 5-0. VIII. __ ADJuu~NT It was moved b~ Edgar, seconded by Hoesterey, to adjourn at 8:35 p.m. to Executive Sessions for personnel matters on Friday, July 10, and Saturday, July ll, and thence to the next regular meeting on July 20, 1981. Carried 5-0. MAYOR CITY CLERK