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HomeMy WebLinkAboutCC 1 MINUTES 06-02-80CALL TO ORDER II. ROLL CALL III. RESOLUTIONS PRESENTED IV. RECESS MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way May 19, 1980 The meeting was called to order by Mayor Saltarelli at 3:43 P.M. Present: Councilpersons: Saltarelli, Edgar, Hoesterey, Sharp, Kennedy Absent: Councilpersons: None Others Present: James G. Rourke, City Attorney Dan Blankenship, City Administrator Mary E. Wynn, City Clerk Mike Brotemarkle, Community Development Director Bob Ledendecker, City Engineer Roy Gonzales, Acting Personnel Director Karen Beardsley, Deputy City Clerk Framed Resolutions of commendation for service as City Councilmen were read and presented to Ralph Welsh, Jr. and Stephen L. Schuster by Mayor Saltarelli. A framed Resolution of conuuendation on his achievement in being selected as Chief of the Orange County Fire Department was read and presented by Mayor Saltarelli to Chief Larry Holms. It was moved by Sharp, seconded by Kennedy, to recess to the Redevelopment Agency at 3:50 P.M. Carried. MINUTES OF A REGULAR ~ETING REDEVELOPMENT AGENCY May 19, 1980 The meeting was called to order by Chairman Saltarelli at 3:50 P.M. Present: Members: Saltarelli, Edgar, Hoesterey, Sharp, Kennedy Absent: Members: None APPROVAL OF MINUTES of May 5, 1980 meeting. It was moved by Sharp, seconded by Edgar, to approve the minutes of the May 5, 1980 meeting. Carried 4-0, Kennedy abstained. 4. OLD TOWN TUSTIN TASK FORCE - ACQUISITION OF PROPERTY Mike Brotemarkle, Community Development Director, reported that four lots at the northwest corner of Second and Prospect would cost approx- imately $500,000 and would not be the best location for a parking lot. He asked for direction on the use of the power of eminent domain to acquire property and the possible use of the School District site on "C" street for parking. The Agency concurred that they did not want to make a policy statement about the use of the power of eminent domain but when it is in the best interest of the City, they would be willing to consider it on a case by case basis. It was moved ~y Sharp, seconded ~y Edgar, that staff should contact the School District about leasing or acquiring the school property for parking and they should search for developers who will develop projects in the Redevelopment area that will mutually benefit the developer and the City. Carried 5-0. COUNCIL M~NUTES Page 2, 5-19-80 5. AWARD OF BID - FIRST STREET MEDIAN ISLAND MODIFICATION This project consists of the modification of the median island at 245 East First to provide a protected left turn pocket in accordance with City Council approval on April 7, 1980, and Redevelopment Agency approval on April 21, 1980. Bids were opened for this project on May 9, 1980, at 11:00 A.M. and were received as follows: CONTRACTOR BID Hardy and Harper, Inc., Tustin, CA Sully Miller Contr. Co., Orange, CA Frontier Conc. Const., Wrightwood, CA Nobest, Inc., Westminster, CA $ 8,141.55 10,657.00 11,990.00 12,228.00 The low bid is 17% over the engineer's estimate of $6,953.50. Due to th~ nature and scope of this project, staff feels the low bid is reason- able and no reduction of prices could be gained by re-bidding. It was ~ved by Sharp, seconded by Edgar, to award the contract for the First Street median island modification to Hardy and Harper, Inc. of Tustin in the amount of $8,141.55. Carried 5-0. It was moved by Hoesterey, seconded by Edgar, to adjourn at 4:09 P.M. to the City Council meeting. Carried. CHAIRMAN PUBLIC CONCERNS ii. CONSENT CALENDAR RECORDING SECRETARY MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 4:09 P.M. May 19, 1980 NO PARKING ON CARROLL WAY Ralph Welsh, Jr., 17331Anglin Circle, requested that there be no parking allowed on Carroll Way. The traffic conditions in that area are very bad and his son and one other child were hit by a car this date. Stephen L. Schuster, 17312 Medford, reinforced his comments. Bob Ledendecker, City Engineer, said that he would like to take a look at the whole area before anything permanent was done and Council concurred. APPROVAL OF MINUTES ~ May 5, 1980. APPROVAL OF DEMANDS in the amount of $124,610.17. RATIFICATION OF PAYROLL in the amount of $76,109.00. CLAIM OF BEVERLY BRESEE; NO. 80-9; D/L 1-16-80, DATE FILED WITH CITY: 4-11-80 Denial of claim of Beverly Bresee as recommended by the City Attorney. CLAIMANT: EDWARD MATHEW THOMSON; D/L 9-19-78; DATE OF FILING CLAIM: 12-21-78 Denial of claim of Edward Mathew Thomson as recommended by the City Attorney. CLAIM OF BRUCE A. AKINS; CLAIM NO. 80-13; D/L: 4/11/80; DATE OF FILING CLAIM WITH CITY: 4-24-80 Denial of claim of Bruce A. Akins as recommended by the City Attorney. iii . ~DINA~;CES --'OR I.%~_ RO- DUCTION DRDINANCES Y DR AD(DP TION e COUNCIL MINUTES Page 3, 5-19-80 CLAIM OF JACK GOESSEL; CLAIM NO. 80-11; D/L: 3-20-80; DATE RECEIVED BY CITY OF TUSTIN: 4-15-80 Denial of claim of Jack Goessel as recommended by the City Attorney. 7. RESOLUTION NO. 80-46 A Resolution of the City Council of the City of Tustin, California, APPROVING FINAL TRACT NO. 10887 Adoption of Resolution No. 80-46 as recommended by the Community Development Department. 8. RESOLUTION NO. 80-47 A Resolution of the City Council of the City of Tustin, California, DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF AN ALLEY BETWEEN EL CAMINO REAL AND "C" STREET AND NORTHERLY OF SECOND STREET AND TO FIX A TIME AND PLACE OF PUBLIC HEARING THEREON Adoption of Resolution No. 80-47 as recommended by the City Engineer. 9. RESOLUTION NO. 80-49 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF CIVIC CENTER I~ROVEMENTS AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adoption of Resolution No. 80-49 as recommended by the City Engineer. 10. RESOLUTION NO. 80-50 11. A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL INSTALLATION AT MAIN STREET AND WILLIAMS STREET AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adoption of Resolution No. 80-50 as recommended by the City Engineer. REQUEST FOR 1979-80 BUDGET REVISION Approval of budget revision as presented by the City Engineer. Mike Brotemarkle, Community Development Director, asked that Resolution No. 80-51 be included on the Consent Calendar. RESOLUTION NO. 80-51 A Resolution of the City Council of the City of Tustin, California, ~MENDING THE BID OPENING DATE FOR IMPROVING HEATING, AIR CONDITIONING, AND VENTILATION SYSTEMS IN THE POLICE AND CITY ADMINISTRATIVE BUILDINGS Adoption of Resolution No. 80-51 as recommended by the Community Development Department. It was moved by Edgar, seconded by Sharp, that the Consent Calendar be approved including the adoption of Resolution No. 80-51. Carried 5-0, Kennedy abstaining on Item No. t. None [See Public Hearings 1 and 2) 1. ORDINANCE NO. 826 An Ordinance of the City Council of the City of Tustin, California, REGULATING THE LICENSING' AND ACCUMULATING OF ANIMALS WITHIN THE CITY OF TUSTIN It was r~ved by Edgar, seconded by Sharp, that Ordinance No. 826 have second reading by title only. Carried 5-0. Following the reading of the title of Ordinance No. 826 by Mary E. Wynn, City Clerk, it was moved by Kennedy, seconded by Edgar, that Ordinance No. 826 be passed and adopted. RDLLC~T.T~ VO~TE: AYES: Saltarelli,-Edgar, Hoesterey, Sharp, Kennedy NOES: None Vo OLD BUSINESS VI. NEW BUSINESS COUNCIL MINUTES Page 4, 5-19-80 2. ORDINANCE NO. 827 An Ordinance of the City Council of the City of Tustin, California, ADOPTING A UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDI- TIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTAB- LISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICER THEREFORE AND DEFINING THEIR POWERS AND DUTIES, AND ADOPTING THE 1979 UNIFORM FIRE CODE ~ It was moved by Sharp, seconded by Kennedy, that Ordinance No. 827 have second reading by title only. Carried 5-0. The title of Ordinance No. 827 was read by Mary E. Wynn, City Clerk. Henry L. Bear, 10841 Paramount Blvd., Downey, CA, Attorney for Pyrotronics Corporation, said that he had spoken to Deputy Attorney LaVoie and had sent him a copy of the Attorney General's opinion which set forth the fact that the Health and Safety Code preempted the right of any city or county to adopt an ordinance that would prohibit the sale of fireworks. They did have a provision that a city or county would have the right to impose reasonable regulations of the use. He said that he would be happy to sub- mit to Attorney Rourke a copy of the Attorney General's opinion, a copy of an opinion from the legislative counsel from the State, and opinions from several city attorneys. Mayor Saltarelli pointed out that if this ordinance is adopted at this meeting, it will not take effect for 30 days which would give time to hear any new information that would affect their decision. It was moved by Sharp, seconded by Kennedy, that Ordinance No. 827 be passed and adopted. ROLL CALL VOTE: AYES: Saltarelli, Edgar, Hoesterey, Sharp, Kennedy NOES: None 1. DENIAL OF LICENSE TO SELL CONCEALABLE FIREARMS TO APPLICANT DENNIS LEE BARBER Council concurred, to hear this item at the 7:30 P.M. meeting when Mr. Barber would be present. 2. FOURTH OF JULY CELEBRATION Dan Blankenship, City Administrator, gave the staff report stating that staff needed a decision on whether the City Council would authorize the funds as time is an important factor in getting all the plans made for the celebration. It was moved b2; Saltarelli, seconded by Edgar, to: 1) Request Tustin Unified School District and Tustin Chamber of Commerce to become co-spon- sors; 2) Request Tustin Unified School District permission to use the stadium and District assistance in the form of utilities, maintenance and clean-up of the stadium after the program; and 3) Authorize appropriation of $7,200 and authorize staff to proceed to implement the project. Carried 5-0. 1. AHFP PROJECT 938 and 939 and EL MODENA-IRVINE F07 CHANNEL IMPROVEMENTS AT THE INTERSECTION OF BRYAN AVE. AND BROWNING AVE. It was moved by Kennedy, seconded by Edgar, to adopt a Minute Order authori- zing the Mayor to sign and the City Clerk to attest to the Right-of-Way Certification for AHFP Project No. 938 and 939. Carried 5-0. 2. REQUEST TO FILL VACANCY IN THE POLICE DEPARTMENT It was moved by Sharp, seconded by Edgar, to approve the filling of the vacancy of one Records Clerk in the Police Department. Carried 5-0. VII. ADJOURN~.n~NT COUNCIL MINUTES Page 5, 5-19-80 3. "NO RIGHT TURN ON RED" SIGN AT RED HILL AND BRYAN AVENUES It was moved by Hoesterey, seconded by Edgar, to hear this item at the 7:30 P.M. meeting so that Mr. Hippensteel, who requested the removal of this sign, could be present. Carried 5-0. 4. DISABILITY RETIREMENT REVIEW BOARD RESOLUTION NO. 80-48 A Resolution of the City Council of the City of Tustin, California, AMENDING SECTION 10F OF THE CITY OF TUSTIN PERSONNEL RULES AND REGU- LATIONS PERTAINING TO DISABILITY RETIREMENT. It was moved by Kennedy, seconded by Edgar, to adopt Resolution No. 80-48 with the addition of language that would require the City Attorney as an advisory me~er. Carried 5-0. It was moved by Hoesterey, seconded by Sharp, to adjourn at 4:45 P.M. to the 7:30 P.M. meeting. Carried. MAYOR CALL TO ORDER II. ROLL CALL -III. UBLIC HEARINGS CITY CLERK MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL May 19, 1980 7:37 P.M. The City Council meeting was called to order at 7:37 P.M. by Mayor Saltarelli. 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 Ed Bushong, Finance Director Roy Gonzales, Acting Personnel Director Frank Semelsberger, Police Agent 1. ZONING AMENDMENT 80-2, Walnut Ave. and Franklin Ave., Irvine Company ORDINANCE NO. 829 An Ordinance of the City Council of the City of Tustin, California, AMENDING ORDINANCE NO. 611 WHICH AMENDS THE PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE TUSTIN/IRVINE INDUSTRIAL COMPLEX The staff report was given by Mike Brotemarkle, Community Development Director. The Public Hearing was opened at 7:38 P.M. There being no comments or objections, Mayor Sattarelli closed the Public Hearing. It was moved by Hoesterey, seconded by Kennedy, to read by title only and introduce Ordinance No. 829. Carried 5-0. IV. PUBLIC ~ONCERNS DLD BUS INES S VI. OTHER BUSINESS COUNCIL MINUTES Page 6, 5-19-80 2. REVISED NOISE REGULATIONS ORDINANCE NO. 828 An Ordinance of the City Council of the City of Tustin, California, AMENDING CHAPTER 6 OF ARTICLE 4 OF THE TUSTIN CITY CODE PERTAINING TO NOISE CONTROL Mike Brotemarkle, Community Development Director, gave the staff report that recommended that on Page 5, (a) under Section 4617 of the Ordinance, the wording be changed to read "Activities of any public agency or public utility conducted on the grounds of any public or private nursery, elementary, in- ~ termediate or secondary school or college." The Public Hearing opened at 7:42 P.M. There being no comments or objections, Mayor Saltarelli closed the Public Hearing. It was moved by Kennedy, seconded by Edgar, that Ordinance No. 828 have first reading by title only. Carried 5-0. Following the reading of the title of Ordinance No. 828 by Mary E. Wynn, City Clerk, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 828 be introduced. Councilman Hoesterey asked if there was some informative guidelines re- garding the noise levels specified. .Mr. Brotemarkle said he would contact Mr. E. G. Brickson of the Orange County Division of Environmental Health to see if he could make a presenta- tion at the next meeting with explanations of the sound levels. Motion carried 5-0. None 1. DENIAL OF LICENSE TO SELL CONCEALABLE FIREARMS TO APPLICANT DENNIS LEE BARBER Dennis Lee Barber, 15701Tustin Village Way, #D6, informed the Council that his lawyer could not be present but he furnished the Council with a letter giving the reasons he was appealing the denial to sell concealable firearms. Attorney Rourke explained that this type of business does not qualify as a "home occupation" and the activity cannot be permitted in that zone. The Police Department had a different basis for denying it but on either basis, it would not be appropriate. It was moved by Sharp, seconded by Kenned3, to continue this item to the June 2nd meeting in order to study the information received from Mr. Barber. Carried 5=0. 3. "NO RIGHT TURN ON RED" SIGN AT RED HILL AND BRYAN AVENUES ~. T~ O. Hippensteel, 1781 Andrews Street, said that he lived near this intersection and he was requesting that the "No Right Turn on Red" re- striction be removed. Based upon the report from the staff, it was moved by Hoesterey, seconded by Kennedy, to remove the "No Right Turn on Red" restriction at Bryan Avenue and Red Hill Avenue. Carried 5-0. TUSTIN TILLER DAYS STREET FAIR Dan Blankenship, City Administrator, reported that the Tustin Tiller Days Street Fair Committee has found that they need access to the funds this fiscal year, rather than next year, and he recommended that the supplemental appropriation of $2,500 be authorized this year and turned over to the Committee upon their request. The Committee will make a full accounting . at the end of the project. COUNCIL MINUTES page 7, 5-19-80 It was moved by Edgar, seconded by Kennedy, that a supplemental appro- priation of $2,500 be authorized this year and turned over to the Committee upon their request. Carried 5-0. TILLER DAY PARADE INSURANCE Mr. Blankenship, City Administrator, informed the Council that he would have a report for the next meeting on the subject of insurance for the Tiller Days Parade. STATUS OF TUSTIN WATER WORKS ACQUISITION The City Administrator reported that the Tustin Water Works had mailed on May 15th the application to the Public Utilities Commission for approval of the sale of the Tustin Water Works to the City of Tustin with copies to Santiago Municipal Advisory Council, Foothills Community Association, other interested associations and the two supervisors. DIAL-A-RIDE Mr. Blankenship handed out a memorandum that states that we have been informed that the Orange County Transit District (O.C.ToD.) Dial-A-Ride for Tustin, previously scheduled for December 1981, has now been acceler- ated for implementation in December 1980. They have a higher rate of fare than the City presently charges and they only have one vehicle for the City of Tustin and the unincorporated area. SENATE BILL 1960 Councilman Hoesterey brought up that Senate Bill 1960 requires cities to allow mobile homes on R-1 property. He requested that a letter or resolu- tion be sent against this. Council concurred that the Mayor should send a letter to this effect. SENATE BILL 462 Councilman Hoesterey also pointed out that Senate Bill 462 takes the power away from the City to phase out the removal of billboards within the City. Councilman Edgar said that basically this law forces the removal to be paid for at fair market price and we should oppose it. Council concurred that a letter be sent opposing this bill. GENERAL PLAN Councilman Edgar asked if we were currently up to date on the General Plan and different elements in terms of State mandated matters. Mike Brotemarkle, Community Development Director, said that we are up to date. We have recently adopted the Housing Element. The Circulation Element does need upgrading even though it is technically up to date. REPORT ON FINA/~CIAL STATUS OF CITY Councilman Edgar requested a report, perhaps quarterly, on how the City stands financially. He did not want a long detailed report but one that would give overall information. Council concurred. Councilman Sharp suggested that the same kind of report be given for the Redevelopment Agency. Council concurred. REESTD~BLISHMENT OF THE PLANNING COMMISSION Councilwoman Kennedy brought up the fact that, 2½ months ago, the Council agreed to take a look at the possible reestablishment of the Planning Agency as a separate body made up of separate people. She asked if this could be agendized sometime in the near future. Council concurred to agendize it for the next meeting. COUNCIL MINUTES Page 8, 5-19-80 VII. ADJOUPuNMENT DR. FLEAGLE'S ARTICLE IN "WESTERN CITIES" Mayor Saltarelli commended Dr. R. Kenneth Fleagle on his fine article in the magazine "Western Cities" entitled "Life Beyond the Ballot Box." MICROPHONES AND COUNCIL CHAIRS IN THE COUNCIL CHAMBERS Mayor Saltarelli asked that the microphones be fixed, even if it takes putting in a whole new system and that the Councilpersons' chairs either be fixed so that they will fit under the table or new ones purchased that will fit. Council concurred. LIGHTS IN CENTENNIAL PARK Mayor Saltarelli pointed out that about half of the new lights in Centennial Park were not working. Bob Ledendecker, City Engineer, responded that they should be working and he would look into the matter. STOP SIGNS ON FIRST STREET Mayor Saltarelli requested that staff study the possibility of removing one of the two "Stop" signs on East First Street and report their findings to the Council. Council concurred. It was moved by E~gar, seconded by Kennedy, to adjourn at 8:27 P.M. to the next regular meeting on June 2, 1980. Carried. MAYOR CITY CLERK