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HomeMy WebLinkAboutMINUTES 04-21-80CALL TO ORDER II. ROLL CALL III. RECESS MINUTES 0F A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way April 21, 1980 The meeting was called to order by Mayor Saltarelli at 4:52 P.M. Present: Councilpersons: Saltarelli, Edgar, Sharp, Hoesterey Absent: Councilpersons: Kennedy 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 Roy Gonzales, Acting Personnel Director Gary Napper, Administrative Assistant It was moved by Saltarelli, seconded by Sharp, to recess to the Redevelopment Agency meeting.' Carried. CONSENT CALENDAR MINUTES OF A REGULAR ~ETING REDEVELOPMENT AGENCY April 21, 1980 It was moved by Edgar, seconded by Sharp, to appoint Donald J. Saltarelli as Chairman of the Redevelopment Agency. Carried 4-0, Kennedy absent. 1. The meeting was called to order by Chairman Saltarelli at 4:53 P.M. 2. Present: Members: Saltarelli, Edgar, Sharp, Hoesterey Absent: Members: Kennedy 3. APPROVAL OF MINUTES of April 7, 1980 meeting. It was moved by Saltarelli~ seconded by Sharp, to approve the minutes of the April 7, 1980 meeting. Carried 2-0, Edgar and Hoesterey ab- staining as they were not members on that date. RESOLUTION NO. RDA 80~3 A Resolution of the Tustin Community Redevelopment Agency of the City of Tustin, California, A~PROVING PLANS AND SPECIFICATIONS FOR CENTER MEDIAN MODIF%CATION ? FIRST STREET 200~- EAST OF PROSPECT AVENUE It was moved by Sharp, seconded by Edgar, that Resolution No. RDA 80-3 be passed and adopted. Carried 4-0, Kennedy absent. It was moved by Sharp, seconded by Hoesterey, to adjourn at 4:55 P.M. to the City Council meeting. Carried. MEETING OF TUSTIN. CITY COUNCIL RECONVENED AT 4:55 P.M. April 21, 1980 APPROVAL OF MINUTES ~ April 7, 1980. APPROVAL OF DEMANDS in the amount of $118,352.76. RATIFICATION OF PAYROLL in the amount of $74,658.25. II. ORDINANCES FOR INTRO- DUCTION III. ORDINANCES FOR ADOPTION COUNCIL MINUTES Page 2, 4-21-80 3. RESOLUTION NO. 80-36 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. 80-36 and assuming that no claims or stop payment notices are filed within 30 days of the date of re- cordation of the Notice of Completion, authorize payment of the ~inal 10% retention ($8,050.38) at that time. 4. RESOLUTION NO. 80-37 A ResolDtion of the City Council of the City of Tustin, California, PERTAINING TO THE PROVISION OF WORKERS COMPENSATION COVERAGE FOR CITY VOLUNTEERS Adoption of Resolution No. 80-37 as recommended by the Chief of Police 5. RESOLUTION NO. 80-38 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS TO IMPROVE HEATING, AIR CONDI- TIONING AND VENTILATION SYSTEMS, POLICE AND CITY ADMINISTRATIVE BUILDINGS, AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adoption of Resolution No. 80-38 as recommended by the Building Official. 6. RESOLUTION NO. 80-34 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. 80-34 accepting said work and authori- zing filing of the Notice of Completion 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 payment of the final 10% retention ($2,198.83) at that time as recommended by Engineering Department. Councilman Hoesterey requested that Item 4 be removed from the Consent Calendar for discussion. It was moved by Edgar, seconded by Sharp, that the Consent Calendar be approved except for Item No. 4. Carried 4-0, Kennedy absent. ITEM NO. 4 - RESOLUTION NO. 80-37 - Provision of Workers Compensation Coverage for City Volunteers Councilman Hoesterey asked if the reason for this resolution was that we could put a limit on the amount a volunteer could receive under Workman's Compensation and can the individual sue the City anyway. Attorney Rourke responded that the benefits under Workman's Compensation are given more readily even though they are limited. Staff feels that it would be cost effective to provide Workman's Compensation. It was moved by Hoesterey, seconded by Edgar, that Resolution No. 80-37 be passed and adopted. Carried 4-0, Kennedy absent. None 1. ORDINANCE NO. 825 An Ordinance of the City Council of the City of Tustin, California, AMENDING SECTION 3511b OF TUSTIN CITY CODE PERTAINING TO BURGLARY AND ALARM SYSTEMS IV. OLD BUSINESS Vo NEW BUSINESS COUNCIL MINUTE$ Page 3, 4-21~80 It was moved by Edgar, seconded by Sharp, that Ordinance No. 825 have second reading by title only. Carried 4-0, Kennedy absent. Following the reading of the title of Ordinance No. 825 by Mary E. Wynn, City Clerk, it was moved by Sharp, seconded by Edgar, that Ordinance No. 825 be passed and adopted. ROLL CALL VOTE: AYES: Saltarelli, Edgar, Sharp, Hoesterey NOES: None ABSENT: Kennedy None 1. TRAFFIC SIGNAL INVESTIGATION AT IRVINE BOULEVARD AND "B" STREET This item was continued to the 7:30 P.M. meeting for input from residents who would be at the evening meeting. 2. CENTENNIAL PARK WALL MODIFICATION It was moved by Edgar, seconded by Sharp, to authorize the modification of the masonry block wall along the northerly line of the Devonshire parking lot adjacent to Centennial Park to an approximate height of 2.0 ft. and the removal and/or pruning of shrubs as needed, and to appropriate an amount of $450.00 to accomplish said work. Carried 4-0, Kennedy absent. 3. SEVENTEENTH STREET TRAFFIC SIGNAL INTERCONNECT It was moved by Edgar, seconded by Sharp, to adopt a minute order authorizing the Mayor to execute the revised Supplemental Program Agreement No. 1 for the Seventeenth Street Traffic Signal Interconnect. Carried 4-0, Kennedy absent. 4. AWARD OF BID FOR: PROJECT I - MAIN STREET SIDEWALK CONSTRUCTION PROJECT II - PROSPECT AVENUE SIDEWALK CONSTRUCTION Project I provides for construction of a pedestrian walkway along the north side of Main Street from Williams Street through the freeway underpass and terminating at the entrance to St. Jeanne de Lestonnac School. To accomplish this requires construction of 300'± of retaining wall and 520'~ of 5' high chain link fence within the freeway underpass. The fence is necessary to protect children and pedestrians due to the fact only a 3.0' wide sidewalk is possible within the underpass. Project II provides for construction of sidewalk along the west side of Prospect Avenue from 100'~ north of First Street to Lockwood Park Place. Bids were opened for this project on April 11, 1980 at 11:00 A.M., and were received as follows: CONTRACTOR TOTAL BID B. J. Construction Co. of Monterey Park, CA' Fleming Engineering Inc. of Cerritos, CA Damon Construction Co. of South Gate, CA Granstrom Construction Inc. of Gardena, CA $27,317.60 28,308.15 32,482.90' 33,213.00 The low bid is 24% over the Engineer's estimate of $21,989.90. There is presently $26,000.00 budgeted for Project I and $2,000.00 for Project II for a total of $28,000.00. It was moved by Edgar, seconded by Sharp, to award the contract for Project I-Main Street Sidewalk Construction and Project II-Prospect Avenue Sidewalk Construction to B. J. Construction Company of Monterey Park, CA in the amount of $27,317.60. Carried 4-0, Kennedy absent. VI. ADJOURNMENT COUNCIL M~NUTES page 4, 4-21-80 5. STREET LIGHTING It was moved by Saltarelli, seconded by Edgar, to have staff to indicate to the coUnty the City is interested in assuming administration of street lighting and staff is to analyze and recommend the best alternative to accomplish that end with the maximum amoUnt of existing property tax support. Carried 4-0, Kennedy absent. 12. USE PERMIT 79-18, PACKERS SQUARE SENIOR CITIZEN CONDOMINIUMS Mike Brotemarkle, Community Development Director, reported that when this Use Permit was approved, the parking reduction was based upon Senior Housing~ In order to change the use, it would require a Public Hearing. Bob Albertson, President of Village Homes of California, explained that because of the economy at this time and the high interest rates, they had only been able to sell 16 units to senior citizens. This has caused them to be in serious financial trouble and the serious economic impact on this project would not be good for the City of Tustin. They have had a price reduction and gone to an interest subsidy program but these things have had little effect. They would like to be able to rent to younger people with no children. They have had studies done that show that the younger people will not require as much parking as the senior citizens because some of the condominiums will be sold to bachelors or single professional women. Boyd Markum and Mark J. Gram reported on the studies they had made. The CoUncil concurred that they would hear the matter at a Public Hearing on May 19, 1980. Councilman Sharp asked staff to be sure that the people who were so opposed to the complex when it was in the initial stages be notified of the Public Hearing and to make an extra effort to meet those people prior to the hearing in order to shorten the hearing. Councilman Edgar suggested that notices be sent to residents as far as Red Hill and within one half mile of the area. CoUncil concurred that notices to residents outside the 300 ft. requirement could be sent to "Occupants" of the addresses. It was moved by Sharp, seconded by Edgar, to adjourm at 5:45 P.M. to the 7:30 P.M. meeting. Carried. CALL TO ORDER II. ROLL CALL MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL April 21, 1980 8:35 P. M. Following the Planning Agency meeting, the City Council was called to order at 8:35 P.M. by Mayor Saltarelli. Present: Councilpersons: Saltarelli, Edgar, Sharp, Hoesterey Absent: Councilpersons: Kennedy Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Mary E. Wynn, City Clerk Mike Brotemarkle, Community Development Director Ed Bushong, Finance Director Roy Gonzales, Acting Personnel Director Bob Ledendecker, City Engineer Charles Thayer, Chief of Police Don Biery, Parks and Recreation Director III. PROCLAMA- TIONS IV. NEW BUSINESS COUNCIL MINUTES ~age 5, 4-21-80 Proclamations were read and presented by Mayor Saltarelli to the Boy Scouts of America, Steelcase of Tustin, and the American Lung Association. 1. TRAFFIC SIGNAL INVESTIGATION AT IRVINE BOULEVARD AND "B" STREET Bob Ledendecker, City Engineer, gave the staff report and added one area to the written report. A signal installation was planned under FEDERAL AID URBAN SYSTEM PROJECTS (FAU) in 1981. If this project meets the standards, the estimated cost is $55,000. James D. Rashid, 17621 Irvine Blvd., #105, Tustin, Margaret Byrd, 158 N. "B" St., and Joseph Arthur DeCamp, 26382 Mimosa Lane, Mission viejo, Principal at Helen Estock School, spoke in favor of the traffic signal because of the dangers to school children and the crossing guard at that intersection. Staff is to look into modifying some of the obstruction of visibility such as removal of some of the trees in the median, expanding the red zone, cross-hatching and installation of signs to alert traffic of a school crossing. 6. REQUEST TO FILL PERSONNEL VACANCY - BUS DR/VER FOR DIAL-A-RIDE It was moved by Edgar, seconded by Sharp, to authorize the recruitment for and employment of a bus driver and that the salary be adjusted to the range of $1214 per month. Carried 4-0, Kenned~ absent. 7. DEPOSIT MONIES FOR BAND AND CATERING FOR AWARDS BANQUET OF 1980 It was moved by Edgar, seconded by Saltarelli, to authorize $200 from this year's remaining funds for the City Awards Banquet ($600) to assist staff in retaining the services of the band and caterer of their choice. Carried 4-0, Kennedy absent. 8. CONTRACTURAL SERVICES (ELECTION) It was ~ved by Edgar, seconded by Hoesterey, to approve an additional 36 hours, at $10 per hour, of contractural services for the election and to appropriate $360 for this purpose. Carried 4-0, Kennedy absent. 9. CONSIDERATION OF A FOURTH OF JULY CELEBRATION It was moved by Saltarelli, seconded by Edgar, to support the concept of establishment of a Fourth of July "patriotic extravaganza" in order to re- place the traditional private fireworks which are to be prohibited and staff is to develop more specific plans with community organization input. Carried 4-0, Kennedy absent. 10. APPEAL OF D. L. BARBER REGARDING DENIAL TO SELL CONCEALABLE WEAPONS .The City Clerk received a letter from D. L. Barber asking for a postponement of his appeal to the May 5, 1980 meeting because his attorney was not able to attend today's meeting. It was moved by. Edgar, seconded by Sharp, to.continue this item to the May 5, 1980 meeting. Carried 4-0, Kenned~ absent. 11. FEE WAIVER REQUEST - QUAIL PLACE John Gamble, 4590 MacArthur Blvd., #500~ Newport Beach, attorney for Quail Place Development Corp., explained that the owner was not aware of the new development fees for condominium conversions and since the development had paid $30,400 new development fees in 1972, they did not feel they should have to pay $39,800 in new development fees now but should be allowed to just pay the difference of 9,400. Councilman Hoesterey expressed that since this was a tax to cover municipal services, he thought they should pay the fees. It was moved by Hoesterey that the request be denied to waive the fees. The motion died for lack'of a second. Vo PUBLIC CONCERNS VI. NEW BUSINESS VII. OTHER BUSINESS COUNCIL MINbT~S Page 6, 4-21-80 It was moved by Edgar, seconded by Sharp, to waive the fees by changing the ordinance accordingly on the grounds that the original fee was paid and the developer is to pay the difference in the fees of $9,400. Carried 3-1, Hoesterey opposed and Kennedy absent. Helen Edgar, 13622 Loretta Drive, asked how long the red line had been on the curb north of the gas station on Carroll Way. The City Engineer did not know just when the Maintenance Dept. or the Police Dept. had put it in. M_rs. Edgar also reported that 2 large trucks had parked on their street all night and she thought something ought to be done about the trucks parking on the streets all night. 13. REQUEST FOR TREE REMOVAL - 13621 Utt Drive It was moved by Edgar, seconded by Saltarelli, that the street tree at 13621 Utt Drive be removed and replacedwith an approved tree at City expense. Carried 4-0, Kennedy absent. 14. REQUEST FOR TREE REMOVAL BY CITIZEN -17441 AMAGANSET It was moved by Sharp, seconded by Hoesterey, that the request to remove the laurel tree at 17441Amaganset be denied as this tree is on the approved City tree list. Carried 4-0, Kennedy absent. 15. RECOMMENDATION ON DISABILITY RETIREMENT - FRED KRASCO This item was to be heard toward the end of the meeting after an Executive Session. AWARD OF BID FOR WALNUT AVENUE WIDENING FROM RED HILL AVENUE TO 600'~ EASTERLY ~nis project provides for the widening of Walnut Avenue on the northerly side (adjacent to the Nisson Parcel) from Red Hill Avenue to 600'± easterly. The construction will consist of addinU an additional westbound travel lane in accordance wi~h City Council approval at their meeting of March 3, 1980. Bids were opened for this project on April 21, 1980 at 10:00 A.M. and were received as follows: CONTRACTOR BID Hardy & Harper, Inc., Tustin, CA Porter Construction Co., Santa Ana, CA Calex PavinG Co., Long Beach, CA Sully-Miller Contracting Co., Orange, CA Jerry Cross Paving Co., Inc., Costa Mesa, CA R. J. Noble Co., Orange, CA $19,644.18 21,673.00 23,269.00 24,672.00 25,081.50 28,455.36 The iow bid is 6.4% below the Engineer's estimate of $20,997.50. There is presently $44,000~00 budgeted for this work. It was moved by Saltarelli, seconded by Shar~, to award the bid for Walnut Avenue widening from Red Hill Avenue to 600'- easterly to Hardy and Harper, Inc., Tustin, CA in the amount of $19,644.18. Carried 4-0, Kennedy absent. PROCLAM3~ION DECLARING A FIRE DISASTER EMERGENCY AT THE LA POSADA APT. FIRE Dan Blankenship, City Administrator, reported on a request to the City Council to authorize a proclamation declaring a fire disaster emergency at the La Posada fire that can be communicated to the Governor in requesting loans from the Small Business Administration for tenants and the owner in the reestablishing their households, etc. VIII. RECESS COUNCIL MINUTES Page 7, 5-5-80 It was moved by Edgar, seconded by Saltarelli, to approve the proclamation declaring a fire disaster emergency at the La Posada apartment fire in Tustin. Carried 4-0, Kennedy absent. Councilman Edgar pointed out that in a report he received it was stated that the water delivery was not up to what would be desirable and related to that he asked if the sale of the Water Company had been submitted to the Public Utilities Commission (PUC). Attorney Rourke responded that it should be ready to submit any day. The attorney who represented the Water Works in the sale is preparing it and will submit the draft to us before it is filed. It was moved by Edgar, seconded by Saltarelli, that the Mayor be authorized to sign a letter to the PUC, prepared by staff, that in a ve~-y factual way presents the details of what water flow was available and what should have been available in order to give confirmation to the fact that one of the main reasons that the City is buying the Water Works is to methodically upgrade the system so that water delivery will be adequate. Carried 4-0, Kennedy absent. Councilman Hoesterey was concerned that the letter might cause the City to have to take the liability for loss of buildings by fire in the future. Mr. Edgar said that the letter should be strictly factual and not make any allegations. He also pointed out that we should review the Building Code to see what type of modifications could exist, perhaps even retroactively, to be sure that this type fire doesn't happen again. Chief Larry Holms, 105 Water St., Orange, CA, Orange County Fire Department, suggested several alternatives to approaches that could strengthen the code: retroactive smoke detection, non-combustible roof coverings, and residential sprinkler systems on new homes. He said the firemen did the best job they could with the high wind factor. He thanked the Police Dept. for the fine job that they did. Mayor Saltarelli suggested that staff make an investigation into how many homes have aluminum wirlng and what the City could do to eliminate this hazard. For example, could the City negotiate a master contract that home owners might utilize to correct the problem in their house. The City Administrator and the City Attorney said they would study this and report back to the Council. It was moved by Sharp, seconded by Edgar, to recess to an Executive Session for legal and personnel matters at 9:45 P.M. Carried. NEW BUSINESS II. OTHER BUSINESS MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 10:43 P.M. April 21, 1980 15, RECOM~4ENDATION ON DISABILITY RETIREMENT - FRED KRASCO RESOLUTION NO. 80-39 A Resolution of the City Council of the City of Tustin, California, PERTAINING TO THE DISABILITY RETIREMENT OF FRED KRASCO (SECTION 21025, GOVERNMENT CODE) It was moved by Edgar, seconded by Sharp, to adopt Resolution No. 80-39 with the change from April 1, 1980 to March 1, 1980 on Page 2, Line 14. Carried 4~0, Kennedy absent. TRUCK TRAFFIC ON WALNUT AVENUE Councilman Hoesterey reported that there had been a substantial increase in truck traffic on Walnut Avenue between Red Hill and New Myford Rd. and he asked staff to look into it. CAPITAL IMPROVEMENTS Councilman Edgar stated his position on capital improvements saying that III. ADJOURNMENT COUNCIL MINUTES Page 8, 5-5-80 he would suggest that we deliberately plan that every capital improvement scheduled for 1980-81 have the plans done by the end of 1980, and to methodically plan that plans be done by July 1981 for 1981-82 budget. By July 1981 we would be budgeting against budgeted plans. In order to accomplish this, there would have to be contractural services. FINANCIAL CONDITION OF CITY Councilman Sharp said that the financial condition of the City was very encouraging. He asked how good the long range planning looked. Last year the State bailed us out of Proposition 13. If Proposition 9 passes, is that going to put a burden on the State so that they would not be able to bail us out again? Dan Blankenship, City Administrator, said that it was impossible to pro- ject at this time. He said they could try to load it all on local govern- ment and the cities will probably be hit the hardest. Mr. Sharp asked what is our action on getting the 2¢ on the sales tax. Mr. Blankenship responded that the resolution will go to the legislators but the League's feeling is it is not logical in light of Proposition 9. ASSEMBLY BILL 2257 Mayor Saltarelli said he would like to have the Council authorize a letter in opposition to AB 2257 which would put an unnecessary restriction on redevelopment agency financing that may prolong, rather than reduce the length of time an agency receives tax increments. It was moved by Edgar, seconded by Sharp, to authorize a letter for the Mayor's signature in opposition to AB2257. Carried 4-0, Kennedy absent. FIREWORKS ORDINANCE ~yor Saltarelli asked about the ordinance to ban fireworks. Dan Blankenship, City Administrator, explained that banning of fireworks was included in the 1979 Fire Code and we would probably be considering that Ordinance at the next meeting. INTEREST RATE Mayor Saltarelli asked what interest rate the City was getting. The Finance Director responded that it has come down to about 15%. reserve requirements cause us to get a lower rate than some private investors. Mr. Saltarelli said he would look into it. The APPOINTMENTS Mayor Saltarelli appointed Councilman Sharp as representative and Councilman Edgar as alternate to the Santa Ana River Flood Protection Agency. It was moved by Edgar, seconded by Sharp, to accept this appointment as made by Mayor Saltarelli. Carried 4-0, Kennedy absent. RESOLUTION TO CHIEF LARRY HOLMS Council concurred that a resolution commending Chief Holms officially on { his position as Fire Chief of Orange County should be prepared. It was moved by Sharp, seconded by Edgar, to adjourn at 10:58 P.M. to the next regular meeting on May 5, 1980. Carried. YOR