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HomeMy WebLinkAboutMINUTES 08-18-80CALL TO ORDER II. ROLL CALL III. PUBLIC HEARINGS IV. RECESS MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way August 18, 1980 The meeting was called to order by Mayor Pro Tem Edgar at 4:03 P.M. Present: Councilpersons: Edgar, Hoesterey, Kennedy, Sharp Absent: Councilpersons: Saltarelli Others Present: Mary E. Wynn, City Clerk Mike Brotemarkle, Community Development Director Royleen White, Community Services Director Ed Bushong, Finance Director Hugh West, Maintenance Superintendent Approximately 4 in the audience 1. EL CAMINO REAL UNDERGROUND DISTRICT NO. 5 This Public Hearing was heard at ~he 7:30 P.M. ~eting and is recorded on Page 5 of these minutes. It was moved by Sharp, seconded by Kennedy, to recess to the Redevelopment Agency meeting at 4:04 P.M. Carried'4~0,'Saltarelli absent. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY August 18, 1980 1. The meeting was called to order by Chairman Pro Tem Edgar at 4:04 P.M. 2. Present: Members: Edgar, Hoesterey, Sharp, Kennedy Absent: Members: Saltarelli 3. APPROVAL OF MINUTES of the August 4, 1980 meeting. It was moved by Hoesterey, seconded by Kennedy, to approve the minutes of the August 4, 1980 meeting. Carried 4-0, Saltarelli absent. 4. DOWNTOWN PARKING, ELIMINATION OF BLIGHT AND LAND ACQUISITION The staff report was given by Mike Brotemarkle, Community Development Director, and slides were shown of potential parking sites. Those sites were the excess school district parcel; the screen company site on "C" Street, south of Main; the southern portion of the block north of Second Street between Prospect and E1 Camino Real; and the area of metal storage buildings on the southwest corner of Prospect and Third Street to Main Street. He asked Council to give him direction if they desired him to further study these sites. John Prescott, 18752 E. 17th St., Santa Ana, said that the Mitchell pro- perty is available. He suggested that the City consider widening the west side of Prospect by acquiring the Mitchell property and the Utt Juice property. He said he would be willing to sell 100 ft. of frontage that he has on Prospect for the widening. He also suggested acquiring the K. P. Hall for a cultural site and using the parking from the Utt Juice property for that purpose. Councilman Sharp was of the opinion that Council should look into some of Mr. Prescott's suggestions. Perhaps we could encourage new development in the area and then do the undergrounding of utilities. Councilman Edgar expressed'that he would like to see the Redevelopment Agency have an.optimum downtown master plan that would also address the parking needs. He preferred having a long term visionary plan rather than proceeding piece by piece. COUNCIL MINUTES Page 2, 8-18-80 CONSENT CALENDAR It was moved by Kennedy, seconded by Edgar, to direct staff to investigate the status and to further study the excess school district parcel; the screen company site on "C" Street, south of Main; the southern portion of the block north of Second Street between Prospect and E1Camino Real; and the area of metal storage buildings on the southwest corner of Prospect and Third Street to Main Street, using the 7 guidelines presented in the report, modifying No. 7 to read "owner occupied residents". Carried 4-0, Saltarelli absent. 5. RESOLUTION NO. RDA 80-5 ! A Resolution of the Tustin Community Redevelopment Agency, Tustin, CA, ADOPTING A CONFLICT OF INTEREST CODE It was moved by Kennedy, seconded by Sharp, to adopt Resolution No. RDA 80-5. Councilman Sharp questioned the third paragraph of the report that stated the boundaries of both the City of Tustin and the Tustin Community Rede- velopment Agency (TCRD) are identical. Council agreed that the TCRD boundaries are within the City of Tustin boundaries but they are not congruent. Councilman Edgar said that he would like to have one Conflict of Interest Code that would be sufficient for the Council, Planning Agency and the Redevelopment Agency. Councilwoman Kennedy withdrew her motion and moved, seconded by Sharp, to continue this item to the September 2, 1980 meeting. Carried 4-0, Saltarelli absent. It was moved by Hoesterey, seconded by Kennedy, to adjourn to the City Council meeting. Carried. CHAIRMAN ~ R~CO~NG 'SECRE~RY MINUTES OF TUSTIN CITY COUNCIL RECONVENED AT 4:30 P.M. 1. APPROVAL OF MINUTES - August 4, 1980 meeting. 2. APPROVAL OF DEMANDS in the amount of $851,024.17. RATIFICATION OF PAYROLL in the amount of $73,783.93. 3. RESOLUTION NO. 80-85 A Resolution of the City Council of the City of Tustin, California, APPROVING TENTATIVE TRACT MAP NO. 11050 ("B" St. & Santa Ana Freeway) Adoption of Resolution No. 80-85 as recommended by the Community Development Department. 4. RESOLUTION NO. 80-86 A Resolution of the City Council of the City of Tustin, California, APPROVING THE PLANS AND SPECIFICATIONS FOR THE CITY OF TUSTIN FISCAL YEAR 1980-81 SLURRY SEAL PROGRAM AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adoption of Resolution No. 80-86 as recommended by the Engineering Department. RELEASE OF BONDS FOR PARCEL MAPS NO. 78-105, 106, 107, 108 and 109 AT PLAZA WAY AND PLAZA DRIVE Authorize the release of the $2,000.00 Warranty Bond No. 8Sm 173 743 for parcel maps No. 78-105, 106, 107, 108 and 109, effective August 20, 1980 as recommended by the Engineering Department. COUNCIL M/NUTES Page 3, 8-18-80 II. ORDINANCES FOR INTRO- DUCTION III. ORDINANCES FOR ADOPTION IV. OLD -- BUSINESS NEW BUSINESS 6. RESOLUTION NO. 80-87 A Resolution of ~h~ City Council, City of Tustin, California, URGING THE ASSEMBLY, SENATE AND GOVERNOR TO ADOPT SB 348. Adoption of Resolution No. 80-87 as recommended by the Community Development Department. 7. RESOLUTION NO. 80-90 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR SEVENTEENTH STREET TRAFFIC SIGNAL IMPROVEMENTS FAU PROJECT L-056 (1) AND STREET WIDENING IMPROVE- MENTS (NON FAU PARTICIPATION) AND DIRECTING THE CITY CLERK TO ADVER- TISE FOR BIDS Adoption of Resolution No. 80-90 as recommended by the City Engineer. LICENSE AGREEMENT FOR EXCESS PROPERTY ON WARNER AVENUE Authorize the Mayor to execute the License Agreement with Lusk Interiors for the Warner Avenue parcel of land as recommended by the City Engineer. ITEM 8 was continued to the evening meeting when Bob Ledendecker, City Engineer, would be present to answer questions regarding the price of $500 a year lease of the excess property on Warner Avenue. It was moved by Sharp, seconded by Hoesterey, to approve the Consent Calendar except for Item 8. Carried 4-0, Saltarelli absent. None ORDINANCE NO. 832 An Ordinance of the City of Tustin, California, AMENDIS~G THE TUSTIN CITY CODE RELATIVE TO ISSUANCE OF WARRANTS AND AUTHORIZING DEPOSIT OF SURPLUS FUNDS It was moved by Kennedy,. seconded by Sharp,' that Ordinance NO. 832 have second reading by title only. Carried 4-0, Saltarelli absent. Following the reading of the title of Ordinance No. 832 by Mary E. Wynn, City Clerk, it was moved by Kennedy, seconded by Sharp, that Ordinance No. 832 be passed and adopted. ROLL CALL VOTE: AYES: EDGAR, HOESTEREY, SHARP, KENNEDY NOES: NONE ABSENT: SALTARELLI None 1. RESOLUTION NO. 80~84 A Resolution of the City Council of the City of Tustin, California, ADOPTING GUIDELINES AND PROCEDURES FOR THE IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Mike Brotemarkle, Community. Development Director,. gave the staff report. He said that the City is operating under the State Code and this resolution stipulates we will use the S~ate guidelines. It was moved by Kennedy, seconded by Sharp, to adopt Resolution No. 80-84 and tha~ staff have a methodical way of guaranteeing that we have an updated copy of the guidelines at all times. Carried 4-0, Saltarelli absent. COUNCIL MINUTES Page 4, 8-18-80 2. FISCAL IMPACT OF NON-RESIDENT SURCHARGES This item was continued to the evening meeting and is recorded on Page 7 of these minutes. 3. ORANGE COUNTY TRANSIT DISTRICT (OCTD) BUS STOP/LAYOVER ZONES - CENTENNIAL WAY Robert Nicholas, 190 Centennial Way, complained about the excessive noise from OCTD buses idling on Centennial Way. He said that since he has lived at this location the buses have increased from 2 to 7. The noise starts at 5:45 A.M. He said the 0CTD has suggested an alternate parking plan to be on Newport next to Larwin Square facing south. He also pointed out that delivery trucks to Von's market were entering Larwin Square from Centennial Way at 2 A.M. He suggested that they should enter from Newport Avenue and exit south on Centennial Way. It was moved by Sharp, seconded by Kennedy, to direct staff to work with the Orange County Transit District to try to find a solution for moving the buses from the residential property on Centennial Way. Carried 4-0, Saltarelli absent. Council concurred that staff should send a letter to Von's market asking their cooperation in having their delivery trucks use the Newport exit instead of the Centennial Way ex{t. 4. SIGN CODE EXCEPTION (Mobil Station at 171 E. First Street) It was moved by Edgar, seconded by Sharp, to approve one 4' x 3' (12 sq. ft.) Product Service Information Sign for the Mobil Station at 171 E. First Street subject to the issuance of a sign permit and the removal of the rotor from the existing freestanding pole sign. Carried 4-0, Saltarelli absent. 5. ACCEPTANCE OF BID FOR TRAILER FOR THE DIESEL TRUCK FOR TRASH HAULING Specifications for a demolition-type, two-axle, end dump semi-trailer were sent out on July 29, 1980 to UtilitY Trailer Company and Fruehauf Corporation~ requesting bids. Bids were received as follows: Utility Trailer Company ................... (including tax) $24,183.80 Fruehauf Corporation ...................... (including tax) $20,648.80 It was moved by Sharp, seconded by Kennedy, to award the bid to Fruehauf Corporation in the amount of $20,648.80 and that a purchase order be issued in that amount. Carried 4-0, Saltarelii absent. 6. CONSENT TO REMOVE PARKWAY TREES (6th Street and E1 Camino Way) It was moved by Kennedy, seconded by Hoesterey, to remove the two ash trees on the west side of 6th Street at E1 Camino Way near the Tustin Garage and replace them with a larger than 15 gallon tree and that the property owner be consulted as to what kind of tree. Carried 4-0, Saltarelli absent. 7. CONSENT TO REMOVE PARKWAY TREES (13411 Elizabeth Way) It was moved by Kennedy, seconded by Hoesterey, to remove the ash tree in the parkway at 13411 Elizabeth Way at the City's expense and replace it with an approved tree from the City list that suits the owner at 13411 Elizabeth Way. Carried 4~0, Saltarelli absent. Councilman Edgar asked Mr. Ledendecker to prepare a list of the Ash trees that are left in the City. 8. REQUESTS TO FILL PERSONNEL VACANCIES OF MAINTENANCE WORKER I/BUS DRIVER AND BUILDING INSPECTOR It was moved by Kennedy, seconded by Hoesterey, to fill the vacancies of Maintenance Worker I/Bus Driver in the Public Works Department and Building Inspector in the Con~nunity Development Department. Carried 4-0, Saltarelli absent. VI. ADJOURNMENT CALL TO ORDER II. ROLL CALL III. PUBLIC HEARINGS COUNCIL MINUTES Page 5, 8-18-80 It was moved by Sharp, seconded by Hoesterey, to adjourn at 5:20 P.M. to the 7:30 P.M. Council meeting. Carried. MAYOR PRyTEM MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way August 18, 1980 7:30 P. M. The meeting was called to order by Mayor Saltarelli at 7:31 P.M. Present: Councilpersons; Saltarelli, Edgar, Hoesterey, Sharp, Kennedy Absent: Councilpersons: None Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Mary E. Wynn, City Clerk Mike Brotemarkle, Community Development Director Bob Ledendecker, City Engineer Charles Thayer, Chief of Police Royleen White, Community Services Director Roy Gonzales, Personnel Director Approximately 60 in the audience 1. EL CAMINO REAL UNDERGRO[~ND DISTRICT NO. 5 Mayor Saltarelli asked staff if the City could bear all the cost of undergrounding including the individual property ownerS' hook-ups. Attorney Rourke responded that it was not legal for the City to pay for the individual property owners' services and the most that the City can do is to put the public and private undergrounding out for one contract and then assess the property owners, with payments to be paid over a period of ten years. Councilman Edgar asked if the property owner's costs could be made as a lien against their property only to be paid when the property changed owners. Attorney Rourke said that he would look into that possibility. Bob Ledendecker, City Engineer, gave the staff report stating that this Public Hearing is for the consideration of the merits of establishing the E1 Camino Real Underground Utility District No. 5 located on E1 Camino Real between First Street and Newport Avenue, E1 Camino Way between E1 Camino Real and the Santa Ana Freeway, Main Street from 290' ~ west to 1036' ~ east of E1 Camino Real and Newport Avenue between Bonita Street and the Santa Ana Freeway. Staff has had consultations with the affected utility companies and we have had an electrical contractor prepare estimates of cost for each individual property owner for the undergrounding of the individual utility services and these estimates have been mailed to the property owners. The estimated cost of undergrounding Edison Company and Telephone Company facili- ties is $984,000.00, the total estimated cost to individual property owners is $64,440.00, and the City of Tustin estimated Administrative costs are $20,000.00, making a total of $1,068,440.00. This project would also include the installation of decorative street lighting along both sides of E1 Camino Real and portions of Main Street. The estimated time schedule is as follows: IV. PUBLIC CONCERNS COUNCIL MINUTES Page 6, 8-18-80 Commence City contract for conduit and structures - October 1980 Completion of City contract ........................ December 1980 Utility companies commence cabling operation ....... January 1981 Individual properties ready to receive underground service ......................................... March 1981 An additional 2 months to complete individual services and removing of overhead poles. The Public Hearing was opened at 7:45 P.M. Those speaking in favor of the undergrounding with the majority being in favor of a ten year period for the property owners to pay off their portion were: Ginny Flaherty, 190 E1 Camino Real Audrey Heredia, 1354 Malena Dr. (Old Town Merchant) Margaret Greinke, 1011 Laguna Rd. and 1001 Newport Avenue Walter Flaherty, 190 E1Camino Real John Jamieson, Saddleback Plaza, E1Camino Real (beautification first and undergrounding second) Those speaking in opposition to the undergrounding were: Dominio Corea, 611 E1Camino Leonard Chornomud (Tustin Garage) 560 E1 Camino Wes Perrell (tenant) and Lawrence Splinter (owner), 13918 Newport Ave. Tom Kelly, 330 E1 Camino Real Una Boosey, 460 E1 Camino The majority of those speaking were in favor of the City accomplishing beautification of the downtown area and added parking for the area. The Public Hearing was closed at 9:00 P.M. It was moved by Edgar, seconded by Sharp, to adopt Resolution No. 80-89, establishing E1 Camino Real Underground Utility District No. 5 with the understanding that Council is prepared to minimize the impact on property owners so that the financial impact will be over a period of years or perhaps~ as a lien on the property to be paid when the property is sold, and to direct staff to work with the public in developing sometime in the future a Master Plan of the downtown area with detailed plans of what we would like to see on every vacant parcel. In response to Councilwoman Kennedy's question about when beautification plans would begin, Bob Ledendecker, City Engineer, said that if the work goes as scheduled, the overhead poles would be pulled and the street lights installed in May or June of 1981 and the street plans would begin in the summer. Councilman Hoesterey viewed this as a 2 million dollar project. The first million is for undergrounding and the second million is for beautification. The City Engineer said that the biggest problem with the beautification program is the establishing of a design theme as staff and businessmen will want to have input on this. Councilman Sharp expressed that with the undergrounding, the beautification of the area, plans to buy the blighted parcels and making them available to the developer for new businesses and parking for the City, the tax incre- ment will increase and eventually will pay for the improvements. The motion was carried 5-0. Council asked to receive a packet of what has been done previously by consultants and staff in the way of a theme or design study and then they will give direction regarding forming a committee, including residents, to look into the matter. None CONSENT CALENDAR VI. NEW BUSINESS COUNCIL MINUTES Page 7, 8-18-80 8o LICENSE AGREEMENT FOR EXCESS PROPERTY ON WARNER AVENUE Councilwoman Kennedy asked staff how they arrived at the lease agreement of $500 a year for a 9,700 sq. ft. parcel. Bob Ledendecker, City EngineEr, said that the initial price was set by staff. The parcel is for future widening of Warner Avenue. Maintenance has been a problem as we have continual dumping of trash on the parcel. For routine maintenance it costs about $600 a year. Lusk Interiors would be improving the property to a parking lot status and would relieve the burden of maintaining the property. It was moved b~ Kennedy, seconded by Hoestereyr to authorize the Mayor to execute the License Agreement with Lusk Interiors for the Warner Avenue parcel of land and for staff to negotiate the best price above $500.00. Motion failed 1-4, Saltarelli, Edgar, Sharp and Hoesterey opposed. It was moved by Edgar, seconded by.Hoesterey, to authorize the Mayor to execute the License Agreement with Lusk Interiors for the Warner Ave. parcel of land as recor~aended by the City Engineer. Carried 4-1, Kennedy opposed. 2. FISCAL IMPACT OF NON-RESIDENT SURCHARGES Royleen White, Community Services Director, in her written report summarized as follows: 1o To mail to only Tustin residents necessitates individual address labels, and would cost $1r156 more per year than present method. 2. Exclusion of non-residents would result in: A. Loss of School District facilities; B. Loss Of approximately $60,000 in revenue; C. 35% decrease in the nuraber of classes; and D. An inordinate increase in resident fees for those classes which remain. 3. A further increase in the non-resident surcharge would negatively impact revenue and participation. 4. The Community Services Department has been directed to be as self- sustaining as possible. Since non-resident fees subsidize programs for ~esident$, the current practice assists the Department in meeting that goal. Should non-residents be excluded, the impact on this De- partment and the residents of Tustin would k~ extremely negative. In order to become more self-sustaining, staff requires a certain amount of flexibility in developing and implementing a marketing plan. The current surcharge accomplishes its purpose Of assessing non-residents a higher fee, yet still allows the Department to function effectively. MS. White's recommendation was to continue mailing brochures to all 92680 zip codes and to continue current 50% surcharge for non-residents. Recognizing that it will cost more, it was moved by Edgar, seconded by Saltarelli, that the City mail brochures to City residents only. Following discussion, a substitute motion was made by Kennedy, seconded by Hoesterey, to continue mailing brochures to all 92680 zip codes and to continue current 50% surcharge for non-residents. Carried 3-2, Saltarelli and Edgar opposed. 9. RESOLUTION NO. 80~88 A Resolution of the City coUncil of the City of Tustin, California, ADOPTING THE TAX RATE FOR CIVIC CENTER AND PARK BONDS Dan Blankenship, City Administrator, gave the staff report stating that the total secured assessed valuation of the City as just received by the County today is $180,713,390.00. The budget called for a smaller than usual amount of revenue of $75,000 for Park Bonds and $30,000 for Civic Center Bonds because more than was necessary was budgeted last year. The rate of tax necessary for the Park Bonds is $ .0408 and the rate for the Civic Center Bonds is $ .0163. It was moved by Edgar, seconded by Kennedy, to adopt Resolution No. 80-88 with the tax rate for Park Bonds to be $ .0408 and the rate for the Civic Center Bonds to be $ .0163. Carried 5-0. VII. OTHER BUSINESS COUNCIL MINUTES Page 8, 8-18-80 APPOINTMENT OF ACTING FINANCE DIRECTOR Dan Blankenship, City Administrator, asked that Council approve appointing the present Finance Coordinator as Acting Finance Director with a change of salary from $2112 to $2300 a month until the new Finance Director is hired. At that time, her salary would go back to $2112. Councilwoman Kennedy did not remember voting on the change in salaries for previous acting directors and she requested to hear the different percentages of the last four acting directors. It was moved by Saltarelli, seconded by Sharp, to appoint the present Finance Coordinator as Acting Finance Director with an increase in salary to $2300 a month until the new Finance Director is hired. Carried 5-0. LETTER OF RECOGNITION FOR PARKS AND RECREATION STAFF Councilwoman Kennedy requested that a letter be drafted for the Mayor's sig- nature in recognition of the extra work that the Parks and Recreation staff performed during the time they were understaffed because of Don Biery's and Sue Dillon's resignations. Council concurred. PARKING ANALYSIS Councilman Edgar brought up that the Planning Agency approved a condominium project on "B" Street requiring 2 parking spaces per unit, even though one half of the units were one bedroom and the rest two and three bedroom. He requested that staff do an analysis for reasonable parking requirements to coincide with the number of bedrooms per unit. Councilman Hoesterey expressed that a one bedroom unit could be a starting unit for a young married couple with two incomes who would have two cars and a three bedroom unit could be for a couple with two small children who would also have two cars. He preferred staff to spend their time on more important issues such as the Fire Safety Code for condominiums. Council concurred for staff to prepare a parking anlysis to be presented to the Council. MEDICAL INSURANCE Councilman Edgar asked staff to review Galbraith and Green's responsiveness to medical insurance claims. He had had some problems with them and was of the opinion that there is a weakness in the insurance system. TREASURER OF PADS Councilman Hoesterey asked if the Acting Finance Director would serve as Treasurer of PADS in the absent of Ed Bushong, or if other arrangements had been made. Dan Blankenship, City Administrator, responded that PADS has a meeting this week and he will talk to the Acting Finance Director and then inform him at the Board meeting. VIII. ADJOURNMENT TUSTIN WATER WORKS HEARING BEFORE THE PUBLIC UTILITIES CO[~qISSION Mayor Saltarelli asked if letters from water users had been given to Judge Lavendar. Attorney Rourke responded that he had received the originals and would deliver them at the hearing on the following day. It was moved by Sharp, seconded by Kennedy, to adjourn at 10:12 P.M. to the next regular meeting on Tuesday, September 2, 1980. Carried. MAYOR ~ TEM