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MINUTES 02-17-81
I. CALL TO ORDER [. ROLL ALL III. LA~%TION IV. RECESS MINUTES OF A REGULAR MEETING OF THE TUSTIN CITY COUNCIL COUNCIL CHA~ERS 300 Centennial Way February 17, 1981 The meeting was called to order by Mayor Saltarelli at 3:34 p.m. foklowing the regular meeting of the Planning Agency. Councilpersons Present: Coancilpersons Absent: Others Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp None James Rourke, City Attorney Dan Blankenship, City Administrator Mary E. Wynn, City Clerk Eva A. Solis, Deputy City Clerk Bob Ledendecker, City Engineer Michael Brotemarkle, Comm. Dev. Director Roy Gonzales, Personnel Director Royleen ~ite, Community Services Director Ronald Nault, Finance Director Charles R. Thayer, Chief of Police Gary Napper, Administrative Assistant Approximafely 10 in the audience PROC- The proclamation for presentation to Mr. Gene Carter was deferred to later in the meeting, pending his arrival. was moved by Kennedy, seconded by Edgar, to recess to the Rede- velopment ~{{~ncy meeting at 3:35 p.m. ~otion carried 5:0. MINUTES OF A REG~bAR ~-~ING REDEVELOPMENT AGENCY February 17, 1981 The meeting was called to order by Chairman Saltarelli at 3:35 p.m. MerfDer~ Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp Members Absent: None 3. APPROVAL OF MIN/3TES - February 2, 1981 It was moved by Sharp, seconded by Edgar, to approve the minutes of the February 2, t98~, meeting. Motion carried 5:0. 4. SELECT. ION OF CONSULTANT FOR ENGINEERING DESIGN SERVICES As recommended in the memo dated February 11, 1981, prepared by the City Engineer, it was moved by Edgar, seconded by Sharp, to confirm the City Council's selection of the firm of Governmental Professional Services to perform engineering design services and authorize the expenditure of Redevelopment Agency funds in the amount of $14,650.00 for the following projects: a) Main Street Storm Drain, from E1 Camino Real to "B" Street. b) Main Street Storm Drain from 400' westerly of Centennial Way to Prospect Avenue. C) Sixth Street Storm Drain, from E1 Camino Real to "B" Street. Carried 5:0. It was moved by Edgar, seconded by Kennedy, to adjourn at 3:36 p.m. to the City Council meeting. Motion carried 5:0. CITY COUNCIL MINUTES Page 2, 2-17-81 MINUTES OF TUSTIN CITY COUNCIL RECONVENED AT 3:36 P.M. February 17, 1981 V. PUBLIC CONCERNS None VI. CONSENT CALENDAR 1. A__PPROVAL OF MINUTES - February 2, 1981 Regular Meeting February 9, 1981 Workshop 2. APPROVAL OF DEMANDS in the amount of $360,239.68. RATIFICATION OF PAYROLL in the amo~lnt of $95,776.56. CLAIM OF SHERRI DAY, CI, AIM NO. 80-12, DATE OF INCIDENT: 2-7-80 Deny Claim of Sherri Day as recommended by the City Attor- ney. AGREEM3mNT FOR USE OF POLICE PISTOL RANGE Authorize the Mayor to sign a co~tract agreement with the City of Fountain Valley for us~e of t. heir pistol range as recon~nended by the Chief of Police. ROOS BILL ~2853, HOUSING F~EMENTS Support amendment of Roos Bill and authorize the Mayor to sign the letter to legislators as reco~nended by the City Administrator. PC~S~£,UTiON NO. 81-17 - A Resolution of the City Council of the City of Tustin, California, APPROVING THE ORANGE COUNTY Al<TS ALLIA~CF,'S ?LANNt~G PROCESS Aic, l~k Resolution No. 81-17 and direct City Clerk to mail a :si{{r:ed copy to the Orange County Arts Alliance as recom- mended by the Director of Co~lenity Services. RF~Oii. UTi©[~ NO. 81-18 - A Resolutior~ o[ the City Council of the City of %'ustin, California, APPROVING PLANS AND SPECIFICATIONS FOR Fi?(2~[L YEAR 1980-81 HANDICAPPED RA[.~~ CONSTRUCTION PROGRAM Adrift% Resoluti. on No. 81--18 as recormmended by Cae Engineering r~e'~a r tmen t. RESOLUTION NO. 81-19 - A Resolution of the City Council of the City of Tustin, California, APPROVING THE PRIORITY PLAN FOR EXPE~[DZTURE UNDER THE PROVISIONS OF THE CALIFORNIA PAR~LANDS ACT 0~' 19!;0 Adopt Resolution No. 81-19 as reco~mmended by the Director of Co~r~u nit y Services. PCCSO]~ION NO. 81-20 - A Resolution of the City Council of the City of Tustin, APPROVING TENTATIVE TF~CT NO. 11389 (14742 Plaza Driw~) Adopt Resolution No. 81-20 as recommended by ~e Co~mnunity Development Oepartment. Item 9 was removed from the Consent Calendar by the Mayor. It was moved by Kennedy, seconded by Edgar, to continue Item 9 to March 2 (in accordance with earlier action taken by the Planning Agency), and a~prove ~e remainder of ~e Consent Calendar. Motion carried 5:0. VII. ORDINANCES FOR INTRO- DUCTION 1. O~)INANCE NO. 841 - An Ordinance of the City Council of the City of Tustin, ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAY- MENT OF FEES, OR BOTH FOR PARK AND RECREATIONAL LAND IN SUBDIVI- SIONS CITY COUNCIL MINUTES Page 3, 2-17-81 VIII. ORDI- NANCEiS FOR ADO~£ION IX. OLD BUSINESS Following clarification by the Community Development Director, it was moved by Kennedy, seconded by Edgar, that Ordinance No. 841 have first reading by title only. Carried 5:0. Following reading of title by the City Clerk, it was moved by Edgar, sect onded by Kennedy, that Ordinance No. 841 be introduced. In response to Councilman Hoesterey, the Community Development Director stated that industrial subdivisions are exempted by State law from such fees. Motion carried 5:0. RESOLUTION NO. 81-7 - A Resolution of the City Council of the City of Tustin, California, ESTABLISHING FEES IN LIEU OF PARK LAND DEDICATION It was moved by Saltarelli, seconded by Edgar, to adopt Resolu- tion No. 81-7. Carried 5:0. ORDINAl]CE ~O. 838 - An Ordinance of the City of Tustin, Califor- nia, DJ4ENDING ARTICLE 8, CHAPTER 8, OF TUSTIN CITY CODE PERTAIN- ING TO SMOKE DETECTOR INSTAJ~LATION Following staff input and Council discussion, it was moved by Hoesterey, seconded by Kennedy, to reject Ordinance No. 838 in favor of amending the Uniform Fire Code, to be developed by the Fire Dept. and City Attorney conjunctively. Councilman Edgar stated for the protection of apartment dwellers, action on Ordi- nance No. 838 was justified. It was noted that wired-in smoke detectors are required in new construction units as opposed to battery-cl3erated smoke detectors. Motion carried 4:1, Edgar dissentin<~. I. PROF~SED ~ATER RA'~ES, FEES _AND CHARGES R~:~SOLUi~!©N lqO. 81-9 - A Resolution of-the City Council of the City of 2'ustin, California, ESTABLISHING CERTAIN TUSTIN WATER SERVICE FEES, CHARGES, DEPOSITS AND WATER USAGE RATES In response to the City Engineer's request for clarification on the age criterion for senior citizens' exemption from the ser- vice deposit requirement on single-service residential hook-ups, it was determined that age 60 would be used in determining eligibility for said exemption. it was then moved by Edgar, seconded by Sharp, to adopt Resolu- tion ~o. 81-9, with an amendment to exempt senior citizens age 60 and up from the service deposit requirement on new single- service residential hookups. The City Engineer responded to Councilman Sharp, stating that the proposed fees are consistent with conditions set forth in acquisition of the water system. The Mayor requested a short report indicating the breakdown and use of fees charged by the East Orange County Water District. Councilwoman Kennedy requested staff's indulgence in explaining the fees to the building public.. Motion carried 5:0. 2. SYC;~ORE AVENUE CENTER ISLANDS Following consideration of the memo dated December 5, 1980, pre- pared by the City Engineer and a question-and-answer period, it was moved by Edgar, seconded by Kennedy, to: a) Authorize expenditure of $4,600.00 to relandscape Sycamore Avenue island between Red Hill Avenue and Devonshire Avenue with priority; and CITY COUNCIL MINUTES Page 4, 2-17-81 b) Authorize expenditure of $5,400.00 to relandscape Sycamore Avenue island between Canterbury Avenue and the easterly boundary of the development, with staff to determine com- mencement of project (either this fiscal year or next fiscal year). Motion carried 5:0. RESOLUTION NO. 81-8 - A Resolution of the City Co~cil of the City of Tustin, ~4ENDING THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF TUSTIN It was moved by Kennedy, seconded by E__dgar, to adopt Resolution No. 81-8. Carried 5:0. AGENDA ORDER III. P~C- LA~TION The following proclamation was read and presented by Mayor Salta- relli in recognition of service provided to the City: E. E. "Gene" Carter - Southern California Edison Company X. NEW BUSINESS 1. CO[~L~i'ER SYSTEM IMPLEMt~NTATION COST As recommended in the memo dated February 4, 1981, prepared by the Chief of Police, it was moved by Edgar, seconded by Kennedy, ~© a~the~i'~e an additional expenditure of $3,076.00 for imple- mentation costs to the police computer system by transfer of f,and!'~ fro?~ unused police personnel salaries. Councilman Edgar reitera%ed his concerns for complete coordination of computer systemics within the City. Motion carried 5:0. 2. AWAi~D OF BID FOR ~f 1980-81 SIDEWA~2~ & CURB ~PAIR PROGRAM Ni. is ~-ere received as follows: Impact Construction Company Fl}~%ing Engineering, Inc., Buena Park $31 [)e~}n C),{,struction Co., South Gate $33 Jo'in 7ei~{)wski, Inc., Orange $34 CLX4 Construction, Inc., Whittier $34 A & C General Engineering, Huntington Beach $35 Josip Ko,~ac, Huntington Beach $38 l}yno Construction Co., Azusa $38 Porter Construction Co., Santa Aha $38 Luz Pina Genera]. Engineering, Los Ala~itos $38 Nerke! Cement Contracting, Costa Mesa $41 $27 ~65.06 794.98 327.18 946.41 979.90 506.60 313.87 636.13 746.26 920.83 764.73 The low bidder came in 31% below the Engineer's estimate of $39,378.74. Due to surplus funds available, additional sidewalk and curb repair areas will be added to the contract. AS recommended in the ~nemo dated February 10, 198~, it was moved by Sharp, ...seci~nded by Kennedy, to award the subject bid to Impact Construction Company of Dana Point in the amount of $27,165.06. Pursuant to Councilman Edgar' s inquiry, the City Engineer repouted that recently annexed sidewalks had not been totally inventoried and were not included in the present listing; those streets in need of repair within the annexed areas would be prioritiz,,~d and included in the next contract; and onc~ ft~t,~t~ goal is to utilize proper Maintenance personnel to perform some of the repairs inhouse in hopes of accompl[shing more work. Mokion ca~'ried 5:0. CIT~ COUNCIL MINUTES Page 5, 2-17-81 3 . RED HILL AVLq~UE SIDEWALK PROJECT Following Council discussion and input from the City Engineer, it was moved by Edgar, seconded by Kennedy, to authorize funding of the Red Hill Avenue Sidewalk Project in fiscal year 1980-81 as requested by ~le Tustin Chamber of Commerce. 'Motion carried 5:0. Relative to subject project, it was moved by Edgar, seconded__b~ Kennedy, to direct staff to study appropriate project dedication ackno~ledging the recent accidental death of six Marines, with concurrence of the United States Marine Corps. Carried 5:0. 4. TUSTIN WATER SERVICE VEHICLE REPLACEMENT It was moved by Saltarelli, seconded by Hoesterey, to authorize expenditure for replacement of the following vehicles: 3 Pick-up Trucks 1 Cushman Scooter 1 One-Ton Dump Truck $21,200.00 $ 5,100.00 $15,700.00 Councilman Edgar indicated he is still anxious to see the finan- cial statement of the City's acquisition of the water system. Motion carried 5:0. 5. ORDIN~!~CE VIOLATION- 13531 WHERLv. R PLACE, ~/OME OCcuPATION Councilman Edgar suggested consideration of the matter at the eveni~%,.~ session, pursuant to requests received from the public. The i~ay~Dr indicated preference to receive input from those in the a~ie~ce at this time. The City Attor~%ey reported that the tenant ~?~ in clear violation of City ordinances, and advised the5 C~>u~cil direct staff to proceed with appropriate measures to relieve the situation. Carol Yeager, Wheeler/Santa Clara, spoke in favor of abating the vio!~i©ns~ expressed fears/frustrations caused by said viola- tion~; an~ inquired as to what time frame could be expected from no~ u~il abatement. The City Attorney recommended a procedure of filing a criminal complaint against involved parties, followed by a civil action seeking injunction against the property owners, would correct the situation expeditiously. It was moved by Saltarelli, seconded by Sharp, that staff be auth©rized to take whatever action is necessary to abate the nuisance immediately. The City Attorney indicated he would pro- ceed to contact Mr. Yoshikawa's attorneys the following day, and advise that if the nuisance is not abated i~ediately, criminal and civil action would be filed by the City. Linde Hirschman, 13521 Wheeler Place, spoke in favor of abate- ment and provided historical information leading up to the violations. Motion carried 5:0. In accordance with the Mayor's request, the neighbors presen~ indicated they would notify other residents of · Council's action on the matter. 6. WATER DEPARTMEN~ CLASSIFICATION PLAN As recommended in the memo dated February 11, 1981, prepared by the Personnel Director, it was moved by Edgar, seconded by Kennedy, to adopt new classifications for inclusion in the City classification plan for the following positions: CITY COUNCIL MINUTES Page 6, 2-17-81 Finance Water Billing Clerk Data Entry 0perato~ Water Billing Supervisor Water Accountant Administration Water Services Analyst Maintenance Maintenance Worker I - Water Maintenance Worker II - Water Equipment Operator II Water Services Technician Water Construction Superintenden Public Works Water Services Manager Motion carried 5:0. 7. tLEQUEST FI{OM HOMEO%~ER TO P~EMOVE TgEE (1641 Greenmeadow Ave. ) It was moved by Edgar, seconded by Saltarelli, to remove the bronze loquat parkway tree as requested and replace with a City approved tree at 1641 Greenmeadow Avenue, as recommended in the memo dated February 9, ~981, prepared by the Maintenance Super- intendent. The City Engineer reported that although the resi- dent also requested that the tree not be replaced, staff was recommending replacement for aesthetic reasons. Carried 5:0. 8. REQUEST FOR STOP SIGNS AT SIXTH AND "B" STREETS The City Engineer reported findings indicate the intersection of S~xth and[ "B" Streets does not meet warrants for 4-way stop si~s~ the stop sign on Sixth Street was installed at the request of a resident; staff's recot~endation is to leave the signs as they exist; and even though not warranted, if any actioq w~s to be taken, stop signs should be added rather than It '~as then noved by Edgar, seconded by Kennedy, to install two additional stop signs at the intersection of Sixth and "B" Shreet~<. In response to Councilwoman Kennedy, the City Engineer in~'i':c~hed staff would review crosswalks at subject intersection and repaint those requiring same; also, resolution adop~ ion would bc required at the March 2 meeting to implement sign insta!].~t, ion. Motion carried 5:0. 9. WAL2..~],'' AL-ii2qJE BIKE I~ANES Lengthy Council discussJ on followed, and the City Engineer res;~on.~ed to Council questions on the memo dated February 5, 1981, prepared by the City Engineer, in reference to the letter dated D~.~cember 1, 1980, from william Watts, Principal, and Bonnie Herimlnn, PTO P~esident, W. R. Nelson School, requesting a bike lane area on the north side of Walnut between Cherrywood and Browning and a "No Right Turn on Red" sign at the corner of %gainut and Browning. Bonnie Hermann~ W. R. Nelson P~DD President, was recognized in the audience by'the Mayor, and participated in the discussion. Councilmembers expres, sed concerns regarding traffic hazards and/or elimination of parking for after-school activities (sports and educational) which might result with the addition of a b~cycle/traffic lane. The City Engineer suggested staff meet with Mrs. Hermann and Mr. Watts at W. R. Nelson School, and possibly a representative front the soccer association, to review the matter and come up with an appropriate recommendation. It was then moved by Kennedy, seconded by Edgar, to continue the matter to the next regular meeting, with notification to be given to Peppertree and Laurelwood Homeowners' Associations. Carried 5:0. CITY COUNCIL MINUTES Page 7, 2-17-81 10. REQUEST FOR PROPOSALS FOR EIR PROJECT FOR RAILROAD CROSSING As recon%meuded in the memo dated February 17, 1981, prepared by the Conmnunity Development Department, it was moved by Edgar, seconded by Sharp, to authorize solicitation for proposals for preparation of an Environmental Impact Report for Newport Avenue grade crossing (to Edinger Avenue) and alternatives. Motion carried 5:0. XI. OTHER BUSINESS 1. MISCELI~NEOUS LEGISLATIVE ACTION The City A~ninistrator reported on voting by legislative repre- sentatives regarding Roos Bill #2853, which makes the housing element mandatory, stating Briggs voted "Yes" on the' floor, but "No" on the conference report; Schmitz voted "No"; and Bergeson voted "Yes." 2. LEGAL AID SOCIETY The Mayor made reference to an article in "The Register" regarding Legal Aid Society, which is funded by public monies and is in turn filing class action suits against local govern- ments. He felt the Council should take a strong position that Legal Aid should either be a private organization without government funding, or they should not be allowed to use public funds to sue government entities, and convey that position to tile OrAn.je County Board of Supervisors. Council concurred. XII. AIkTOUIL~ MENT It was mov'.~d by Hoesterey, seconded by Ed a~, to adjourn at 4:53 [>.m. to ~,..~..~ .......... ~.~ regular meeting on Monday, March 2, 1981. CarrSed 5:0.