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CC 1 MINUTES 10-06-80
CALL TO ORDER MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way September 15, 1980 The meeting was called to order by Mayor Saltarelli at 3:41 P.M. II. ROLL CALL Present: Councilpersons: Saltarelli, Edgar, Hoesterey, Kennedy, Sharp Absent: Councilpersons: None Others Present: James G. Rourke, City Attorney Dan Blankenship, Cit~ Administrator (arrived after 5 P.M.) Mary E. Wynn, City Clerk Mike Brotemarkle, Community Development Director Bob Ledendecker, City Engineer Royleen White, Community Services Director Loni Hamblin, Acting Finance Director Gary Napper, Administrative Assistant Roy Gonzales, Personnel Director R. Kenneth Fleagle, Planning Consultant Approximately 10 in the audience III. RRESENTATIONS Mayor Saltarelli acknowledged the gift of time given by 16 young people in the Community Services Department's Youth volunteen Program. Seven were present at the meeting and received their Certificates of Appreciation. IV. PUBLIC HEARINGS None Vo RECESS It was moved by Kennedy, seconded by Edgar, to recess at 3:44 P.M. to the Redevelopment Agency meeting. Carried 5-0. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY September 15, 1980 1. The meeting was called to order by Chairman Saltarelli at 3:44 P.M. 2. Present: Members: Saltarelli, Edgar, Sharp, Kennedy, Hoesterey Absent: Members: None 3. APPROVAL OF MINUTES of the September 2, 1980 meeting. It was moved by Sharp, seconded by Edgar, to approve the minutes of the September 2, 1980 meeting. Carried 4-0, Saltarelli abstaining as he was' absent for the last meeting. 4. RESOLUTION NO. RDA 80~6 A Resolution of the Tustin Community Redevelopment Agency ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (~raffic Signal Improvements at Main St. and E1 Camino Real, First Street and E1Camino Real, and First Street and Centennial Way) It was moved by Kennedy, seconded by Edgar, to adopt Resolution RDA 80-6 and if no claims or stop payment notices are filed within 30 days of the date of recordation of the Notice of Completion, to authorize payment of the final 10% retention ($12,674.75) at that time. Carried 5-0. 5. DOWNTOWN AREA IMPROVEMENTS Mike Brotemarkle, Community Development Director, reported that he had met with the downtown task force consisting of the Chamber of Commerce and the E1 Camino Businessmen's Association and they have gone through a design theme for public improvements using an Early American "down home" type theme. As far as general guidelines, they would probably be COUNCIL MINUTES Page 2, 9-15-80 using a lot of brick on the sidewalks and marbelite standards with a bell for street lights. He showed slides of various improved downtown areas with certain features that might be considered for Tustin's area. Councilpersons Hoesterey and Kennedy suggested staff consider the diffi- culty of women wearing high heels and senior citizens walking on the bricks. Perhaps bricks could be used on each side of the sidewalk and a smooth surface u~ed in the middle. It was moved by Kennedy, seconded by Edgar, to approve the preliminary list of public improvements contained in the September 15, 1980 Community~ Development Department staff report for downtown Tustino Carried 5-0. Bob Ledendecker, City Engineer, said that staff's intent is to select an engineering firm that has a landscape man on the staff. Staff will come back to Council for approval of specifics. 5. It was moved by Edgar, seconded by Hoesterey, to adjourn to the City Council meeting at 4:00 P.M. Carried. CHAIRMAN RECORDING SECRETARY PUBLIC CONCERNS II. CONSENT CALENDAR MINUTES OF TUSTIN CITY COUNCIL RECONVENED AT 4:00 P.M. Ruby May, 1602 Nisson Rd., Apt. Q7, Tustin, speaking for the Senior Citizens of Tustin, asked the City Council to set up a Senior Citizen Advisory Com- mission, consisting of 5 t© 7 members to act as a liaison between the Councill and the Senior Citizens. The Orange County Senior Citizens Advisory Council, of which she is an alternate representative, has s6ggested that all twenty s~x cities in Orange County select such a commission. Ms. May responded in the affirmative to Councilwoman Kennedy's question if she would consider a committee even if it wasn't a commission. It was moved by Saltarelli, seconded by Kennedy,.for the Community Services Director to prepare a report and recommendation for the next Council meeting as to the advisability and procedure~ for establishing a Senior Citizen Advisory Committee. Councilwoman Kennedy reported that she had received information that our representative on the Orange County Senior Citizens Advisory Council, Violet Banks, has resigned because of ill health. She asked that the steps that need to be taken to have Ruby May appointed as the representative be included in the report. Carried 5~0. 1. APPROVAL OF MINUTES ~ September 2, 1980 meeting. 2. APPROVAL OF DEMANDS in the amount of $118,762.32. RATIFICATION OF PAYROLL in the amount of $70,349.79. 3. RESOLUTION NO. 80~93 A Resolution of the City Council, City of Tustin, RELATIVE TO REGULATING VEHICULAR TRAFFIC AND PARKING ON CERTAIN PRIVATELY OWNED PROPERTY (Enderle Center~ Adoption of Resolution No. 80~93 as recommended by the Community Development Department. VII. ORDINANCES FOR INTRO- DUCTION 4. RESOLUTION NO. 80-94 COUNCIL MINUTES P.a~e 3, 9-15-80 A Resolution of the City Council, City of Tustin, APPROVING TENTATIVE TRACT MAP NO. 11265 (17622 Irvine Blvd.) Adoption of Resolution NO. 80-94 as recommended by the Community Development Department 5. RESOLUTION NO. 80-95 A Resolution of the City Council, City of Tustin, California, REQUESTING THE RECOMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS SYCAMORE-WALNUT-MITCHELL ANNEXATION NO. 109 (Revised) TO THE CITY OF TUSTIN Adoption of Resolution No. 80-95 as recommended by the Planning Consultant. 6. RESOLUTION NO. 80-96 A Resolution of the City Council, City of Tustin, APPROVING FINAL PARCEL MAP NO. 80-1026 (South side of 17th St. between Enderle Center and Safeway Center, Pine Tree Plaza) Adoption of Resolution NO. 80-96 as recommended by the Community Development Department. APPROVAL OF CHAMBER OF COMMERCE AGREEMENT Authorize the Mayor and City Clerk to sign the agreement upon its final typing as recommended by the City Administrator. 8. RESOLUTION NO. 80-97 A Resolution of the City Council, City of Tustin, REQUESTING THE COM- MENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN INHABITED TERRI- TORY DESIGNATED AS "IRVINE BOULEVARD-DEAN STREET ANNEXATION NO. 121" TO THE CITY OF TUSTIN Adoption of Resolution No.80-97 as recommended by the Planning Consultant. Councilwoman Kennedy asked that Item I be removed frOm the Consent Calendar. It was m~ved by Edgar, seconded by Kennedy, to approve Items 2 through 8 of the Consent Calendar as submitted. Carried 5-0. ITEM 1 ? APPROVAL OF MINUTES - September 2, 1980 meeting. Councilwoman Kennedy asked that the minutes of the September 2, 1980 meeting be corrected on Page 3, N~w Business No. 1, WORD PROCESSING EQUIPMENT RECOM- 5~NDATION, to include that she asked that ~he contract be tightened and ~trengthened so that if we do not get the four hour response promised for repairs, we would receive financial or some sort of reimbursement. She asked Gary Napper, Administrative Assistant, if this had been done. Mr. Napper answered that he had contacted MICOM Company after the last meeting and they were including this in the agreement. Mrs. Kennedy asked that the City Attorney review the wording of the contract and approve it before payment is made. Council concurred. It was moved by Edgar, seconded by Kennedy, to approve the minutes of the September 2, 1980 meeting with the amendment to Page 3, New Business No. 1, that she asked that the contract be tightened and strengthened so that if we do not get the four hour response promised for repairs, we would receive financial or some sort of reimbursement. Carried 4-0, Saltarelli abstained as he was not at the Sept. 2nd meeting. Councilwoman Kennedy commented that the letter to residents that was included under Consent Calendar No. 8 was a good tool and she suggested that it be used with island annexations. ORDINANCE NO. 834 An Ordinance of the City Council of the City of Tustin, California, A/~ENDING CHAPTER 3 OF ARTICLE 3 OF THE TUSTIN CITY CODE PERTAINING TO pOOL HALLS AND BOWLING ALLEYS COUNCIL MINUTES Page 4, 9-15-80 VIII. ORDINANCES FOR ADOPTION IX. OLD BUSINESS NEW BUSINESS It was moved by Kennedy, seconded by Edgar, that Ordinance No. 834 have first reading by title only. Carried 5-0. Following the reading of the title of Ordinance No. 834 by Mary E. Wynn, City Clerk, it was moved by Edgar, seconded by Hoestere¥, that Ordinance No. 834 be introduced. Councilman Sharp asked if we could use language that would be more specific on Page 2, Line 17 of the ordinance. Accord~g to the language used in the ordinance, you could be arrested for loitering even though you might be waiting your turn to use the games. Attorney Rourke agreed that it was ambiguous. He said the policemen should use some judgment when making arrests. He did not know that it could be made more meaningful as to intent or application. Council decided to introduce the ordinance now but to get the opinion of the Chief of Police on the loitering section before it is adopted. Motion carried 5-0. 1. ORDINANCE NO. 833 An Ordinance of the City Council of the City of Tustin, California, AMENDING PART 4 OF CHAPTER 4 OF ARTICLE 3 OF THE TUSTIN CITY CODE PERTAINING TO ICE CREAM VENDORS It was moved by Edgar, seconded by Kennedy, that Ordinan'ce No. 833 have second reading hy title only. Carried 5-0. Following the reading of the title of Ordinance No. 833 by Mary E. Wynn, City Clerk, it was moved by Sharp, seconded by Edgar, that Ordinance No. 833 be passed and adopted. ROLL CALL VOTE: AYES: Saltarelli, Edgar, Hoesterey, Sharp, Kennedy NOES: None 1. AGREEMENT WITH L. P. REPERTORY COMPANY It was moved by Edgar, seconded by Kennedy, to approve the basic terms of the agreement with L. P. Repertory Company, with the additions that the Executive Director of the L. P. Repertory Company must be a resident of the City of Tustin and if the production is successful, it can be repeated; to direct the City Attorney to review the wording and form of the agreement; and to waive fees, including building rental, alcoholic beverage fee for the press party, stage rental and set-up fee, and fee for transporting sets to and from Red Hill storage yard. Councilman Hoesterey was opposed to making this a blanket policy and made an amendment to the motion, seconded by Kennedy, to approve this agreement for this production only and then Council should take a look at the entire program in relation to Tustin's needs. Vote on the amendment to the motion was 5-0. Vote on the main motion was 4-1, Saltarelli opposed. 2. ORANGE COUNTY TRANSIT DISTRICT (OCTD) BUS STOP/LAYOVER ZONES It was moved by Kennedy, seconded by Edgar, to continue this item to the October 6, 1980 meeting. Carried 5-0. 1. AWARD OF BID F.Y. '80-'81 SLUP~RY SEAL PROGRAM Bids for the subject project were opened on September 5, 1980 at 11:00 A.M. and were received as follows: XI. OTHER BUSINESS COUNCIL MINUTES Page 5, 9-15-80 CONTRACTOR BUSINESS LOCATION BID Ted R. Jenkins Long Beach, CA Roy Allan, Slurry Seal Inc.Laguna Niguel~ CA $58,189.28 $65,298.61 The low bid is $77,637.27 below the Engineering estimate of $135,826.55 or 57% low. It is recommended that additional work be added to increase the contract amount to $115,000.00 with the remaining $27,000.00 being utilized to restore traffic striping. This would be an increase of approx- imately 95% in contract work and should enable us to complete all of the streets in the City which need a Slurry Seal at this time. It was moved by Kennedy, seconded by Edgar, to award the contract for the F.Y. '80-'81 Slurry Seal Program to Ted R. Jenkins, Long Beach, and authorize staff to add additional work to the contract to increase the contract to an amount not to exceed $115,000.00. Car?ied 5-0. 2. SUPPLEMENTAL APPROPRIATION FOR WATER SYSTEM ACQUISITION EXPENSE It was moved by Kennedy, seconded by Edgar, that the sum of $25,000 be appropriated from the General Fund for expenses relating to the Water system acquisition. Carried 5-0. 3. REQUEST FOR TREE REMOVAL AT 1342 VEEH DRIVE It was moved by Sharp, s~conded by Edgar, to not approve the removal of two street trees at 1342 Veeh Drive due to: 1) The two trees in question are what is called Brisbane Boxwood trees and are on the approved City street tree list; 2) The two trees are mature trees about 8-10 inches in diameter and more than twenty feet in height; 3) The dropping of the acorns or seed pods are seasonal and last for approximately 6-8 weeks; and 4) Sidewalks are not being damaged due to the root systems of the trees. Carried 5-0. 4. VOTING DELEGATE AND ALTERNATE FOR THE BUSINESS SESSION OF LEAGUE OF CALIFORNIA CITIES It was moved by Saltarelli, seconded by Kennedy, that Councilman Edgar be appointed as the voting delegate for the business session of the League of California Cities and any staff Mr. Edgar approves to be the alternate in his absence. Carried 5~0. 1. EVERGREEN ASH PARKWAY TREES Councilman Edgar moved that the remaining 8 evergreen Ash parkway trees in the City be removed and replaced with 15 gallon trees. Councilwoman Kennedy requested that they not be removed unless they are causing problems. Councilman Edgar modified his motion, seconded by Kennedy, to have staff make a report, advising what action should be taken on each of the trees. Carried 5-0, 2. TREES IN THE PARKWAY ON "C" STREET A petition was received by the Council from tenants residing at 530-570 South "C" Street (Tustin Courts) requesting that trees be planted in the parkway. It was moved by Edgar, seconded by Kennedy, that trees be planted in the parkway on "C" Street as requested. Carried 5-0. 3. REPORT ON CROSSING GUARD AT RED HILL AND OLWYN Councilwoman Kennedy was concerned that we go through the proper procedures for removing crossing guards as we might be held liable in case of an acci- dent. She wanted to be sure parents were informed that there would not be a crossing guard at that location. Bob Ledendecker, City Engineer, said that he would check with the Police to be sure proper action has been taken. COUNCIL MINUTES Page 6, 9-15-80 4. RESOLUTION NO. 80-98 A Resolution of the City Council of the City of Tustin, PETITIONING THE LOCAL AGENCY FORPL~TION COMMISSION FOR A MUNICIPAL REORGANIZATION. Mike Brotemarkle, Community Development Director, reported that at the last meeting of the Irvine City Council, they approved in concept by a straw vote, the proposal for the annexation of the area north of the free- way to the future alignment of Myford Rd. and the exchange of property between the two communities South of the freeway of the U. S. Marine Corps base and a portion of their industrial area. We would then be creating Myford~R~, a~%he~new~firm hard boundary between, the two'cities,' They did not take final action because their EIR was not prepared at that meeting and in anticipation that they will approve the annexation on the 23rd and also anticipating that we can work with their staff to get the resolution of annexation firm enough that LAFCO would accept it as support for the annexation of the exchanges and for the change of the Sphere of Influence, we would try to submit it to LAFCO by the 26th of this month. It was moved by Edgar, seconded by Kennedy, to adopt Resolution No. 80-98. Councilman Edgar asked if there is an acreage figure. Mr. Brotemarkle said that north of the freeway there are approximately 655 additional acres and south of the freeway it is almost a straight trade of 80 acres. Ne said that this resolution will be to get LAFCO started and a General Plan Amendment will be scheduled for Public Hearing on October 6. Motion carried 5-0. 5. EXECUTIVE SESSION The City Attorney asked for an Executive Session regarding legal matters for the Tustin Water Works acquisition. He reported that he had received the Public Utilities Commission staff report that was very favorable and recommended approval subject to the conditions that the City had asked to be imposed. 6. POSSIBLE TRAFFIC SIGNALS AT BROWNING AND WALNUT AVENUES Councilman Hoesterey expressed that the intersection at Browning and Walnut Avenues is becoming a problem area because of the heavy traffic and he had received a couple of calls about motorists disregarding the crossing guard and he asked what the plans are for traffic signals. The City Engineer responded that he would have a warrant study ready for the October 6th meeting to help determine any action. 7. COMMITTEE TO BE FORMED WITH IRVINE COMPANY AND THE CITY OF IRVINE It was moved by Hoesterey, seconded by Kennedy, to form a comraittee composed of two T~stin Councilpersons, the City of Irvine, and the Irvine Company to be sure that Tustin's interests are made known when the planning and coordi- nation of the Irvine Annexation is discussed. Carried 5-0. Mr. Hoesterey suggested that he and Mr. Saltarelli serve on the committee. 8. LETTERS REGARDING SANTA ANA FLOOD CONTROL AND THE HARBOR AIRPORT It was moved by Edgar, seconded by Kennedy, that formal letters from the Mayor be sent supporting the "All River" plan of the Santa Ana Flood Control project and the Harbor location for the airport that would service this area. Carried 5-0. 9. FENCE TO PROHIBIT MOTORBIKES AT JAMBOREE AND WALNUT BEHIND LAURELWOOD Councilman Edgar said that he had received requests for a fence in back of the Laurelwood subdivision, similar to the one to be put in behind Peppertree subdivision, that would prevent motorbikes from using that area. Council concurred that this should be agendized for the October 6th meeting. COUNCIL MINUTES Page 7, 9-15-80 10. COORDINATION OF CITY FACILITY IMPROVEMENTS Councilman Edgar moved that the City look for an architect to coordinate facility improvements in the City Hall, the Tustin Water Works, and a new building at ColumbUs Tustin Park, to make our efforts m~re coherent. Following further discussion, Council concurred that prior to getting an architect involved, staff should prepare a status report for the Council which would include the needs of the City in terms of anticipated growth figures including but not limited to City Hall needs, Tustin Water Works needs, and Columbus Tustin Park building needs, and then perhaps set up workshops with the Council. Dan Blankenship, City Administrator, said that a status report could be given to the Council in about 60 days.- 11. CONDOMINIUM PARKING STUDY Councilman Edgar asked if staff could do a parking study on condominiums that the Council has recently approved that would compare our parking requirements of 2 spaces for each apartment with a ratio of 1% parking spaces for a one bedroom apartment, 2 parking spaces for 2 bedrooms, and 3 parking spaces, for 3 bedrooms. This would give us a comparison to see which parking requirement produces the most parking spaces. Mike Brotemarkle, Community Development Director, said that his staff has been working on an overall parking report. He said that he would try to have a report ready for the October 20th City Council meeting. 12. FIRE ORDINANCE Councilman Edgar asked the City Attorney if the Fire Ordinance was ready. Attorney Rourke responded that the large document, approximately %" thick, was giver] to the staff today and they would need time to review it. This ordinance is really to adopt the codes for the Building Department but these codes include requirements regarding fire retardant roofs and other safety features. 13. MUNICIPAL WATER DISTRICT OF ORANGE COUNTY MEETING Councilman Sharp reported that he had received correspondence from the Municipal Water District of Orange County that they were scheduling meetings, the first of which is September 25, regarding water problems in Southern California. He said he would like to go and wondered if any other Council- persons were going. It was determined that the other merabers of the Council would not be able to attend but someone from the staff would be going. 14. SENATE BILL 512 Mayor Saltarelli Enquired if Governor Brown had taken any action on Senate Bill 512. Attorney Rourke responded that he would get the information the next day. 15. PEDESTRIAN CROSSING - ALDER LANE AND SYCAMORE AVENU~ Staff reported that they have had complaints from the neighbors adjacent to the Alder Lane and Sycamore Avenue pedestrian crossing. George Simon, 14712 Hyannis Port in Tustin, first complained of the noise made by youth congregating at the location but since that time, this has developed into a more serious problem of rock throwing by both parties. George Speicher, 14711 Alder Lane, had several concerns such as increase in noise, drinking and drug problem~, noise from motorcycle and moped traffic and the possibility that-a serious accident is going to result from the young people using the access as a raceway going directly into Alder Lane. XII. ADJOURNMENT COUNCIL MINUTES Page 8, 9~15-80 Kathy Weil, representative from Tustin Meadows Homeowners' Association, said that she had been Working with Bob Ledendecker and they have talked about putting posts in concrete about 5 feet in front of the gates so that young people will have to get off of their bicycles or mopeds in order to get through the gate, thereby eliminating the raceway going into Alder Lane. Staff is to look into the situation and make recommendations for the next meeting. It was moved by Edgar, seconded by Sharp, to adjourn at 5:33 P.M. to an Executive Session for legal matters and thence to the October 6, 1980 meeting. Carried. MAYOR CITY CLERK