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HomeMy WebLinkAboutCC 1 MINUTES 05-04-81I. TO ORDER II. I~OLL C~T.T. III. I~ECESS MINUTES OF A ~u~ ~rlNG OF T~ NS?IN CItY COU~C5 COUNCIL CHAMBERS 300 Centennial Way April 20, 1981 The meeting was called to order by Mayor Sharp at 4:13 p.m. Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp None James G. Rourke, City Attorney Dan Blankenship, City Administrator Mary E. Wynn, City Clerk R. Kenneth Fleagle, Acting Comm. Dev. Dir. Bob Ledendecker, City Engineer Roy Gonzales, Personnel Director Royleen White, Community Services Director Ronald Nault, Finance Director Alan Warren, Senior Planner Eva Solis, Deputy City Clerk Nancy Miller, Administrative Aide Approximately 10 in the audience It was moved by Edgar, seconded by Kennedy, to recess to the Rede- velopment Agency meeting a 4:14 p.m. Carried 5:0. MINUTES OF A RE~u~.AR MEETING REDEV]~LOPMENT AGENCY April 20, 1981 The meeting was called to order by Chairman Sharp at 4:14 p.m. Members Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp Members Absent: None 3. APPRDVAL OF MINUTES - April 6, 1981 It was moved by Kennedy, seconded by Edgar, to approve the min- utes of the April 6, 1981, meeting. Motion carried 5:0. 4. ~ARD OF BID -- SECOND/"C" STREETS SANITARY SEWER TMPROVEMEN~ Bids for subject project were received as follows: Holstrum Const. Corp., Huntington Beach Noveco, Inc., Corona Lawson Const. Co., Wilmington Changing Times Enterprises, Buena Park J & B Contractors, Crestline Gosh Const. Corp., Los Angeles John T. Malloy, Los Angeles M. Grbavac Const., La Verne City Const., Covina B. K. Baker Co., Santa Ana Richard A. 0sborn Const., Garden Grove Delta Pipeline, Stanton R & L Sewers, Paramount Kelley-Moran, Canoga Park Risto Const. Co., Inc., E1 Toro Burch Eng. Const., Baldwin Park Pakacin & Runje, Pasadena Gillespie Const., Buena Park Dale Casada Const. Co., Anaheim $22,226.78 $27,286.28 $27,306.90 $27 816.20 S27 827.10 $27 979.00 $28163.05 $28 394.50 $29851.65 $31685.13 $31 .952.40 $31988.90 $32~235.00 $36~198.25 $36~756.10 $38.136.00 $39 994.00 $39 466.00 $43,752.50 The low bid is 32% below the Engineer's estimate of $32,599.00; with $30,000.00 in RDA funds presently budgeted for this project. CITY COUNCIL MINUTES Page 2, 4-20-81 As recommended in the memo dated April 13, 1981, prepared by the Assistant City Engineer, it was moved by Kennedy, seconded by Edgar, to award subject project to Holstrum Construction Corpo- ration, Huntington Beach, in the total amount of $22,226.78. Motion carried 5:0. 5. OLD TO~N PARKING Dr. Fleagle, Acting Community Development Director, provided additional information on the 01d Town Parking Study dated February 16, 1981, and the memo dated April 20, 1981, specifi- cally related to 445 "C" Street identified as a future municipal parking facility, which was followed by Council discussion. It was then moved by Hoesterey, seconded by Edgar, to: a) Proceed on a priority basis with proposal for participation and development of the Gfeller parking site at 445 "C" Street; and b) Contact the School District administration to determine interest and feasibility of leased parking facilities. Dr. Fleagle emphasized the above motion would direct staff to evaluate the Gfeller proposal of participation in a parking structure on "C" street, to further investigate the feasibility of developing school properties for public parking, and come back to Council with a recommendation on a priority basis indicating which is the best way for the City to proceed. The motion carried 5:0. Councilman Edgar stated he reached the conclusion, based on material presented and discussions of the Redevelopment Agency, that parking considerations at the intersection of Prospect and 2nd Street do not justify acquisition of property for that pur- pose; however, the opportunity to acquire that property for renovation by a private developer makes it appropriate to make such a commitment. He proposed acquisition with friendly con- demnation by the City for the purpose of reselling to a devel- oper for construction. Dr. Fleagle responded it is staff's intent to first obtain a developer and then transfer escrow where there would be no commitment of City funds, but the City would have a deposit guaranteed purchase. By using condemnation prior to acquisi- tion, then transferring to a developer at no expense would allow the City to proceed without exhausting its Redevelopment resources. To acquire the property, demolish, have it vacant, and wait for someone to come along with a development proposal could tie up Redevelopment funds for a series of years with the added burden of assuming relocation assistance projects. Dr. Fleagle suggested waiting until submittal of a proposal by a private developer. It was then moved bv Edgar, seconded by Kennedy, that acquisition of that property be considered by emi- nent domain at such time as a feasible proposal is submitted. Councilman Saltarelli felt a purchase offer should be made to the willing seller under conditions favorable to the City based on the appraisal, and offer the parcel, for resale to highest bidder (a private developer) - which would place the property back on the market, bring in additional tax increment, and allow improvements at that location. He suggested the owner may be willing to provide a one-year escrow, after which time the City could enter a purchase agreement with the Redevelopment Agency, and subsequently have the ability to place the property back on the market for resale and development; and it could possibly be worked out by attorneys and seller so that the tax benefit from same would go to the seller, even if there is not a friendly condemnation. CITY COUNCIL MINUTES Page 3, 4-20-81 A substitute motion was made by Saltarelli, seconded by Edgar, to direct staff to enter negotiations with owners for purchase of property at appraised value, to explore as lengthy an escrow as is feasible, come back to Council with a proposal, and simul- taneously find a developer who will proceed in a manner of most benefit to the City. Dr. Fleagle interjected that even with a willing seller, pro- ceeding with the above direction could obligate the City to relocation assistance, which is probably not included in the appraised value. The City Administrator indicated there may be some options the City Attorney's office could explore which would allow the City to avoid relocation costs. The substitute motion carried 5:0. 6. INCREMENT T/%X FINANCING FOR HOUSING Councilman Edgar stated it is apparent from the Redevelopment Agency financial report that increment tax financing will be subject to limitations next year due to increase in revenue, and it is appropriate to consider modifying the Agency agreement to allow expansion of revenue based upon expansion of tax base. He continued, stating the City has fully recognized that by making this type of commitment, we will be exposed to committing a por- tion of Redevelopment funding to housing, with ramifications of that need still to be explored. It was then moved by Edgar, seconded by Kennedy, that a study be conducted by staff, identi- fying what the constraints are, what the steps are to make the change, and what the obligations will be with a reconstitution of the Redevelopment Agency. The City Administrator stated this might occur in Fiscal Year 1982-83, and it was staff's intent to prepare such a study in advance so that it could be considered at an opportune time. Mayor Sharp concurred with the need for such a study and requested a time certain on completion of same. Dr. Fleagle indicated the study had commenced, and approximated that 60 days would allow sufficient time for completion of the study. The City Administrator noted that any changes would not become effective until the following year. Councilman Edgar added that timing in terms of completing the report and taking action could affect the amount of funding available to the Agency. The motion carried 5:0. 7. R.~FOND OF PARKING DISTRICT F~.ES Barbara Clem, 220/250 E1 Camino Real, stated a reponse had not been received on a request for refund of parking district fees at subject location. Dr. Fleagle reported the matter had gone before Council and read from the January 5, 1981, minutes indi- cating denial of said request. Council concurred with the Mayor that staff provide a written response to Mrs. Clem on the matter. It was moved by Hoesterey, seconded by Kennedy, to adjourn at 4:50 p.m. to the City Council meeting. Carried 5:0. MINUTES OF TUSTIN CITY COUNCIL RECON¥~NED AT 4:58 P.M. April 20, 1981 V. PUBLIC CONCERNS None VI. CONSENT CALENDAR 1. APPROVAL OF MINuTeS - April 6, 1981. CITY COUNCIL MINUTES Page 4, 4-20-81 10. 11. 12. APPROVAL OF DEMANDS in the amount of $1,032,166.02 RATIFICATION OF PAYROLL in the amount of $92,707.02. EASEMENT ACQUISITION FORM AIN ST. AT WILLIAMS ST. STORM DRAIN Authorize the Mayor and City Clerk to execute the acguisi- tion agreements and the City Clerk to accept and record the deed. CHANGE OF N~2~E, HOL'i'~w- DISPOSAL Authorize the Mayor and the City Clerk to execute the sub- ject "Consent to Name Change and Amendment of Contract." APPOINTMENT OF ACTING COM~GNITYD~uOPMENTDIRECTOR Confirm the City Administrator's appointment of Dr. R. Kenneth Fleagle as Acting Community Development Director effective April 9, 1981 during Director Mike Brotemarkle's absence at an hourly rate of $22.40 plus a $200 per month retainer, and authorize the Mayor and City Clerk to sign such an amendment to Dr. Fleagle's existing contract as pre- pared by the City Attorney. SB 490 - INCREASED TAX ON CIGAR~i-i-=S Authorize staff to draft a letter to our legislators and the Committee members for Mayor Sharp's signature as recommended by the Administration Department. GRANTING OF EASEMENT REQUIRED FOR EL CAMINO REAL UNDE~GRO~]ND UTILITY DISTRICT Authorize the Mayor and City Clerk to execute the subject grant of easement deed as ~recommended by the Engineering Department. RESOLUTION NO. 81-47 - A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION Adoption of Resolution No. 81-47 and assuming that no claims or stop payment notices are filed within 30 days of the date of recordation of the Notice of Completion, authorize Day- ment of the final 10% retention amount ($4,244.40). RESOLUTION NO. 81-42 - A Resolution of the City Council of the City of Tustin SUPPORTING THE ELIMINATION OF THE FEDERAL ESTATE TAX Adoption of Resolution No. 81-42 as reconunended by the Council. RESOLUTION NO. 81-43 - A Resolution of the City Council of the City of Tustin IN SUPPORT LEGISLATION REMOVING THE RESTRICTIONS AND PROHIBITIONS ON THE USE OF NATURAL GAS IN UTILITY POWER PLANTS Adoption of Resolution No. 81-43 RESOLUTION NO. 81--44 - A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION Adoption of Resolution No. 81-44 and assuming that no claims or stop payment notices are filed Within 30 days of the date of recordation of the Notice o~ Completion, authorize pay- ment of the final 10% retention amoun~ ($5,774.36) as recom- mended by the City Engineer. RESOLUTION NO. 81-49 - A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR IRRIGATION, LANDSCAPE AND RELATED IMPROVEMENTS AT COLUMBUS TUSTIN PARKSITE PARKING LOT Adoption of Resolution No. 81-49 as recommended by the City Engineer. -- CITY COUNCIL MINUTES Page 5, 4-20-81 13. RELINQUISHMENT OF ACCESS RIGHTS TONEWPORT AVENu5 Relinquish access rights to Newport Avenue adjacent to Tract NO. 10563 subject to the following conditions: 1) Prohibi- tion of parking along the easterly side of Newport Avenue from Irvine Blvd. to the existing main drive entrance to the center, and 2) Re-striping of three plus Darkinq spaces southerly of the proposed drive to provide for four compact spaces, as recommended by the City Enqlneer. It was moved by Kennedy, seconded by Edgar, to approve the entire Consent Calendar. Motion carried 5:0. ORDINANCES ]~OR IN'r~O- DUCTION None VIII. ORDI- NANCES FOR ADOPTION None IX. OLD BUSINESS 1. WA'rKK FRANCHISE ~kS Pursuant to his memo dated April l, 1981, the City Administrator reported that it was the City Attorney's opinion to discontinue the franchise fee and bill the water service for any costs reasonably incurred for reimbursement of such expenses. Council concurred. 2. SIX STAR-NIELSON CAB~vlSION The Director of Public Works provided additional information to his memo dated April 15, 1981, regarding the revised request by Six Star for a 50' communications tower, three satellite signal receiving antennas, and one small electronic equipment building at five potential sites. Council members expressed concerns such as staff coordination on the matter, use of public property for such purposes, further review by a Council/staff committee, and L~pact on surrounding areas. The City Administrator stated Council's indication on whether to pursue the matter was pre- liminary to even commencing the use permit procedure. Further comments by Council included the public's interest in the matter, a willingness to consider franchise proposals from other cable companies, and technology currently being used. The Public ~orks Director made reference to the material handed to Council which outlines delays encountered and status with each utility company in getting overhead poles ready for cable installation. It was then moved by Edgar, seconded by Hoesterey, to agendize the matter for the May 4 meeting with a report from staff. Robert R. Patty, Area Manager, assured Council Six Star is using the most modern technology, which requires the 50' tower to be of best benefit to the City. He requested Council authorization to explore use of one of the proposed sites prior to proceeding with the use permit process. He further emphasized Six Star is sensitive to citizens' needs and concerns and is willing to meet with the citizens to discuss same. In response to the Mayor, the City Administrator indicated a need for Council direction on specific sites for antenna loca- tion and suggested the matter be referred back to staff for a report at the May 4 meeting. He also requested that Council contact staff in the next few days and indicate their specific concerns relative to the proposed sites. Motion carried 5:0. CITY COUNCIL MINUTES Page 6, 4-20-81 RECESS -- SESSION I. CAY.L TO O~DER II. CAT.Y- III. MATIONS At 5:17 p.m., it was moved by Edgar, seconded by Hoesterey, to recess to an Executive Session for discussion of personnel matters, and thence to the evening session. Carried 5:0. OF T~STIN CITY CDUNCIL RECON¥~ED AT 8:39 P.M. April 20, 1981 Following the Planning Agency meeting, the City Council meeting was called to order by Mayor Sharp at 8:39 p.m. Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Hoesterey, Kennedy, Sharp Saltarelli James G. Rourke, City Attorney Dan Blankenship, City Administrator Mary E. Wynn, City Clerk R. Kenneth Fleagle, Acting Comm. Dev. Dir. Bob Ledendecker, City Engineer Roy Gonzales, Personnel Director Royleen White, Community Services Director Ronald Nault, Finance Director Approximately 30 in the audience PI~DCLA- Mayor Shard read a proclamation commending the Tustin High School Varsity Basketball team for their accomplishments as runners up in the CIF tournament and presented a personalized copy to each member, coach and manager of the team. PUBLIC 1. COOPERATIv~ AGREEMENT FOR AFFORDABLE HOUSING FUNDS Dr. Fteagle, Acting Community Development Director, reported that on June 3, 1980, voters in the City of Tustin gave approval to Measure X, thus giving referendum authority for publicly assisted low-rent housing projects to be constructed within the City. Prior to any application for future low-rent housing projects to be funded, a cooperation agreement must be com- pleted. This hearing is for public testimony and direction for staff to prepare a resolution authorizing entrance into the agreement. The public hearing was opened at 9:04 p.m. There being no com- ments or objections, the public hearing was closed. It was moved by Edgar, seconded by Kennedy, to direct staff to prepare a resolution authorizing entrance into the Cooperation Agreement, plus a copy of the executed agreement, for the next regularly scheduled meeting of the Council. Carried 4:0, Saltarelli absent. RESOLUTION NO. 81-48 - A Resolution of the City Council of the City of Tustin, California, PERTAINING TO A SUBSCRIBER RATE INCREASE BY COMMUNITY CABLEVISION COMPANY The City Administrator reported that he ~ad held a preliminary hearing on April 8, 1981 and that the people in attendance did not believe the rate increase was unreasonable. Their main problem was the difficulty the Laurelwood Association would have in raising its fees to cover the increase on the 12 channel ser- vice. They agreed to Council consideration of the 12 channel service rate increase within 90 days to permit the Association to get legal help in order to determine their alternatives. The public hearing was opened at 9:07 p.m. CITY COUNCIL MINUTES Page 7, 4-20-81 V. NEW BUSINESS Tom LaFourcade, Community Cablevision Company representative, said the' company was proposing a 26-channel service which will be greatly improved. The user will have a wide range of Dro- grams to choose from with the best possible rates. He said that they were in agreement with staff's recommendation. Peer Swan, 14351 Morning Glory, said he had been to the Adminis- trative hearing and agreed that we have enjoyed an extremely low rate, but pointed out that the expansions Community Cablevision is putting in are conditions necessary to meet the requirements of State Legislation AB 699 which would allow them to be released from regulations of City Councils and set their own rates. AB 699 allows a certain fee per subscriber to go to the State, and he requested that any savings be passed on to the people. The public hearing was closed at 9:23 p.m. It was moved by Edgar, seconded by Hoestere¥, to adopt the recommendation and findings of the City Administrator as con- tained in his memo to the Council dated 4-10-81 and to adoDt Resolution No. 81-48. Motion carried 4:0, Saltarelli absent. RESOLUTION NO. 81-45 - A Resolution of the City Council of the City of Tustin, DETERMINING THE VALUE OF WRITTEN PROTESTS AND ORDERING THE ANNEXATION OF THE AREA KNOWN AS "HOLT-HAMALA ANNEXATION NO. 127" TO THE CITY OF TUSTIN Dr. Fleagle, Acting Community Development Director, gave the staff report that this annexation was initiated by three of the four property owners on Holt Avenue, northerly of the Flood Con- trol Channel. On March 11, 1981, the Local Agency Formation Commission approved this proposed annexation as an uninhabited annexation containing less than 12 registered voters. If there had been unanimous consent, the property could have been annexed without the necessity of a protest hearing, however, one prop- erty owner did not consent at the time it was proposed, there- fore necessitating this hearing. A letter was sent to the five property owners affected by this annexation Droposal. The public hearing was opened at 9:25 D.m. There being no com- ments or objections, the public hearing was closed. It was moved by Edgar, seconded by Sharp, to adopt Resolution No. 81-45 showing that no protests were given. Dr. Fleagle read the letter that was sent to all property owners and affirmed that he would write to all parties concerned regarding the specific plan action and ask them to voice their opinions. The motion carried 4:0, Saltarelli absent. RENEWAL OF CONTRACT FOR COUNTY V~r~RINARY PUBLIC ~I~.ALT~ SERVICES It was moved by Kennedy, seconded by Edgar, to authorize the Mayor and City Clerk to execute seven copies of the subject agreement and return them to the Board of Supervisors for rati- fication along with the other cities. Motion carried 4:0, Saltarelli absent. CITY COUNCIL MINUTES Page 8, 4-20-81 2. LICENSE AND PERMITBOARD It was moved by Edgar, seconded by Kennedy, to waive the License and Permit Board fees for non-profit charitable organizations and community events in order to reduce costs for such activi- ties and to maximize the funds they have available for their service programs. Motion carried 4:0, Saltarelli absent. 3. AWARD OF BID FOR RED HILL AVENUE MCAS (H) MEMORIAL SIDEWALK Bids for subject project were opened at 11:00 a.m. on April 10, 1981, and were received as follows: Contractor Location Bid Nobest Incorporated PC Pacific Corp. B-1 Enterprises Gillespie Construction Josip Kovac Porter Const. Co. Richard J. Gosselin Impact Const. Inc. Industrial Fence & Supply Co. CLM Construction Inc. Dyno Construction Inc. Changing Times Enterprises Inc. Fleming Engineering Inc. Glen G. Riley Co. Damon Const. Co. Frontier Concrete Const. Co. Westminster, CA Anaheim, CA Rancho Cucamonga, Cb Buena Park, CA Huntington Beach, CA Santa Aha, CA Tustin, CA Laguna Hills, CA Long Beach, CA Santa Fe Springs, CA Azusa, CA Buena Park, CA Buena Park, CA Santa Aha, CA South Gate, CA Arcadia, CA $13,717.25 14,620.00 14,626.75 14,631.00 14,988.27 15,037.25 15,385.00 15,715.25 15,786.75 15,883.25 17,033.50 17,318.75 17,539.50 18,025.00 21,257.75 21,343.50 The low bid is 19% below the Engineer's estimate of $16,865.00. There is presently $20,600.00 budgeted for this project. There will be additional costs for work by City forces for planting of 25 trees ($1,250.00). In addition the City can furnish the memorial plaque, the design of which is presently being prepare~ by the Chamber of Commerce. It was moved by Kennedy, seconded by Edgar, to award the con- tract for subject project to Nobest Incorporated of Westminster, California, in the amount of $13,717.25 and to continue the decision on the plaque for further consideration. Dan Blankenship, City Administrator, said that he had concerns about the text for the plaque. It is very lengthly and would make the plaque huge or require very small lettering. Motion carried 4:0, Saltarelli absent. REQUESTS TO FILX~ PERSONNEL VAC~NCIES OF MAIN-r~NANCE WORKER I, ]DQUIPMEN~ ~[EC~ANIC, /%!N-D PAI~K3[NG CONTROL OFFICER It was moved by Kennedy, seconded by Edgar, to authorize filling of Maintenance Worker I, and Equipment Mechanic positions in the Maintenance Division and Parking Control Officer position in the Police Department. Motion carried 4:0, Saltarelli absent. 5. RECYCLING PROGRAM Dan Blankenship, City Administrator, reported that this was an informational item and would need more administrative input. Councilwoman Kennedy said that she was in favor of any funds received from the recycling program going into the General Fund. CITY COUNCIL MINUTES Page 9, 4-20-81 COMMUNITY DEVelOPMENT D9ARTM~NT P~0POSAL TO CONSTRUCT A PACK-- AGED I~ESIDENTIAL STRUC-i'U~E IN T~3~ FORM OF A GEODESIC DOME WITHIN T~US R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT RESOLUTION NO. 81-50 - A Resolution of the City Council of the City of Tustin, California, AMENDING THE HANDBOOK OF GUIDELINES FOR PLANNING, ZONING AND DEVELOPMENT ADOPTED BY RESOLUTION NO. 78-78 The City Attorney presented a draft resolution amending the Handbook of Guidelines for Planning, Zoning and Development ("Guidelines") which was adopted by City Council Resolution No. 78-78. This amendment relates to the proposed development of a geodesic dome on Second Street near "A" Street. By amending the Guidelines in this manner the Guidelines would state as one of its purposes the review of development applications for single- family residential sites and thereby subject such developments to existing design review procedures. Dr. Fleagle, Acting Community Development Director, said that most cities do not have architectural review of all R-1 property unless they have complete neighborhood CC&R's or areas of historical value that they review. In response to a question about this being a tool to prevent old mobile homes from being put on R-1 property, he said that the State has preempted us by saying that cities have to provide individual R-1 building sites for mobile homes but they have not taken from us the authority to consider mobile homes as you would any other residential development. If you say that this is going to apply to all R-1 separate building sites, it would assure that any factory built move-in, mobile home, or non-standard design would have staff approval as to compatibility to the existing residences with a right of appeal to the City Council. There. are only a few vacant lots within the City and therefore this process would not have a financial impact on the City. It was moved by Kennedy, seconded by Edgar, to adopt Resolution No. 81-50. Donald R. Bond, 15091Clemans Circle, Irvine, developer for this property, said that apparently the opposition to his development is one of architectural style and presently there are no requirements to seek City approval on architectural style and anything the Council does to change the existing laws is going to restrict his rights as a property owner and he feels this is grossly unfair and unjust and he asked that he be treated with fairness and justice. Greg Bennett, who has been employed by Mr. Bond on this project, stated that they have a City Inter-office memo that says R-1 residences do not need architectural design review. They have been required to have landscaping plans which has caused added expense and he expressed that this change in the Guidelines is morally after the fact. Councilwoman Kennedy responded that the Cit~ Council two meet- ings ago,did ask that this be resolved between the residents and the developer and the meeting took place and there was no give on the part of the developer and there was no resolution of the problem. Motion carried 4:0, Saltarelli absent. 7. TREE REMOVALS - MAIN STREET, "B" STROll~ AND "C" STREET It was moved by Edgar, seconded by Hoesterey, to authorize the following street tree removals and/or relocations: 1. Relocation of two "Ficus Retusa Nitida" or Indian Laurel Fig trees on "C" Street; CITY COUNCIL MINUTES Page 10, 4-20-81 VI. OT~ER BUSINESS 1. 2. Removal of one "Jugians Regia" or English Walnut tree on "C" Street and replacement with a Ficus Retusa Nitida tree; 3. Removal of two "Schinus Molle" or California Pepper trees on Main Street and replacement with approved street trees; 4. Removal of two Avocado and one "Bauhinia Variegata" or Purple Orchid tree at the southeasterly corner of "B" and Main Streets as required by the developer; 5. Removal of one "Prunus Persica" or peach tree, one Hibiscus tree shrub and one Erythrinia Crista-galli or Cockspur Coral tree on "B" Street; and 6. Removal of one "Eucalyptus Globulus" or Blue Gum tree on Main Street and replacement with an approved street tree. Bob Ledendecker, City Engineer, said that Item No. 4 is not a request to remove the trees immediately but as the project pro- gresses they will probably be one of the last items to be done. Councilwoman Kennedy requested that the motion include that Items 2, 3 and 6 might be able to be done at the owner's expense. Councilmen Edgar and Hoesterev agreed to this addition to the motion. The City Engineer said that the two Peppertrees that have historical value are in the worst shape. They have had to be trimmed and they are hollow. Doug Gfeller, representative for the developer of the Stevens property at Main and "B" Streets, said that the removal Of these trees would be a help to the developer and they would be willing to pay the costs. However, he asked that the City increase the size of the replacement trees if they pay for the removal. Council concurred that they would do this. Motion with the addition carried 4:0, Saltarelli absent. ~"~w.~u'r IVE SESSION The City Administrator asked for a brief executive session for personnel matters following the meeting. Council concurred. 2. 41' STR~P OF PROPERTY NF~XT TO 'r~ BOY'S CLUB Councilman Edgar said that the Council had requested him to interface with the Boy's Club regarding their approval of the agreement to sell the 41' strip of property next to the Boy's Club to Mr. Foster for a parking lot and he had found both parties to be completely amiable to the agreement as drafted bv Attorney Rourke with the exception of Appendix E. They felt the liability insurance required in Appendix E would be too expen- sive for them. It was moved by Edgar, seconded by Kennedy, to approve the agreement with the elimination of Appendix "E". Attorney Rourke said that he did not have any problem with eliminating Appendix "E". In drafting the agreement he had tried to give the City as fair an agreement as possible for the value they were receiving in order to be sure it was a ~usti- fiable action. Councilman Edgar withdrew his motion and agreed to talk further with the Boy's Club and Mr. Foster to work out an acceptable solution to the agreement and to report back at the next meeting. CITY COUNCIL MEETING Page 11, 4-20-81 VII. ADJOURNMENT PROCEDURE TO ADJOURN ~E~I'~NGS IN MEMORY OF DECEASED INDIVIDUALS WHO HAVE B~N ACTIVE IN CMC AFFAIRS Councilman Edgar advised that the Board of ~upervisors had adjourned one of their meetings in memorv of his mother-in-law and had presented them with a formal certificate with the five signatures on it. He requested that staff report back at the next meeting if this can be done and provide a procedure for implementing it. Council concurred. Councilman Hoesterey commented that people deserving of this should be given proclamations while they are living. It was moved by Edgar, seconded by Hoesterey, to adjourn at 10:15 p.m. to an Executive Session and thence to the next regular meeting on May 4, 1981. Carried 4:0, Saltarelli absent. MAYOR CITY CLERK