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MINUTES 01-07-80
CALL TO ORDER II. ROLL CALL III. RECESS CONSENT CALENDAR MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way January 7, 1980 The meeting was called to order by Mayor Schuster at 4:43 P.M. Present: Councilpersons: Schuster, Saltarelli, Sharp, Kennedy, Welsh Absent: Councilpersons: None Others Present: Dan Blankenship, City Administrator Tom Woodruff, Deputy City Attorney Mike Brotemarkle, Community Development Director Ruth C. Poe, City Clerk Mary E. Wynn, Chief Deputy City Clerk ]Bob Ledendecker, City Engineer Don Biery, Parks and Recreation Director Mike Taft, Personnel Director Ed Bushong, Finance Director Gary Yaruss, Police Captain Approximately 16 in the audience It was moved by Welsh, seconded by Sharp, to recess to the Redevelopment Agency at 4:43 P.M. Carried 5-0. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY January 7, 1980 The meeting was called to order by Chairman Saltarelli at 4:43 P.M. Present: Members: Saltarelli, Sharp, Kennedy, Welsh Absent: Me~ers: None 3. APPROVAL OF MINUTES of December 17, 1979 meeting. It was moved by Sharp, seconded by Kennedy, that the minutes of the December 17, 1979 meeting be approved. Carried 4-0. 4. STATE COP~LIANCE AUDIT It was moved by Kennedy, seconded by Welsh, to authorize a time extension of 55 days to the contract with Grissom & Johnson, Inc. for the instal- lation of traffic signals at the intersections of E1 Camino Real at Main Street, E1 Camino Real at First Street and Centennial Way at First Street. Carried 4-0. 5o It was moved by Sharp, seconded by Saltarelli, to adjourn at 4:45 P.M. to the next regular meeting on January 21, 1980. Carried 4-0. / ~HAI ~N RE~RDING SE~ETARY MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 4:45 P.M. January 7, 1980 APPROVAL OF MINUTES - December 17, 1979 and December 19, 1979. APPROVAL OF DEMANDS IN THE AMOUNT OF $576,051.13. RATIFICATION OF PAYROLL in the amount of $68,936.30. DENIAL OF CLAIM OF RONALD PELTZ, CLAIM NO. 79-11, ACCIDENT DATE: 9/26/79 Denial of claim of Ronald Peltz, Claim NO. 79-11, Date of Accident: 9/26/79, as recommended by Attorney Rourke and Carl Warren Insurance Company. II. ORDINANCES FOR INTRO- DUCTION III. ORDINANCES FOR ADOPTION IV. OLD BUSINESS COUNCIL MINUTES Page 2, 1-7-80 4. RESOLUTION NO. 80-]. A Resolution of the City Council of the City of Tustin, California, SUPPORTING SCAG GROWTH FORECAST POLICY ~' Adoption of Resolution No. 80-1 as recommended by City Administrator. 5. RESOLUTION NO. 80-2 A Resolution of the City Council of the City of Tustin APPROVING FINAL PARCEL MAP NO. 79-1032 (NW corner of 17th Street and Prospect Avenue) Adoption of Resolution No. 80-2 as recommended by Community Development Department. 6. RESOLUTION NO. 80-3 A Resolution of the City Council of the City of Tustin, California, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 8, 1980, TO BE MADE BY THE C~TY cLERK. Adoption of Resolution No. 80-3 as recommended by the City Clerk. 7. RESOLUTION NO. 80-4 A Resolution of the City Council of the City of Tustin, APPROVING TENTATIVE TRACT NO. 10852 (14751 Plaza Drive) Adoption of Resolution No. 80-4 as recommended by Community Development Department. It was moved by Sharp, seconded by We]s~h_, that the Consent Calendar be approved as submitted. Carried 5-0, with the exception of Saltarelli votin~ "No" on Item No. 4. ~',]one i. ORDINANCE NO. 818 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE BY ADDING PART 2, CHAPTER 4, OF ARTICLE 6 TO THE TUSTIN CITY CODE PERTAINING TO THE ADVERTISING, DISPLAY AND SALE TO MINOP~S OF PAPAPHE~NALIA COMMONLY ASSOCIATED WITH THE USE OF NARCOTICS it was moved by Kennedy, seconded by Saltarelli, that Ordinance No. 818 have second readi~ng by title only. Ca'tried 5-0. Following the reading of the title of Ordinance No. 818 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Welsh, seconded by Sharp, that Ordinance No. 818 be passed and adopted. ROLL CALL VOTE: AYES: SCHUSTER, SALTARELLI, sHARP, KENNEDY, WELSH NOES: NONE 1. APPROVAL OF ARGUMENT REGARDING SALES TAX PROPOSITION Because of concerns about some of the wording by Councilpersons, it was moved by Saltarelli, seconded by Kennedy, to continue this to the January 21st meeting with Council submitting their recommended changes to staff prior to the meeting so that staff can change the draft argument. Carried 5-0. 2. REQUEST TO SUPPORT PROGRAMS RELATED TO THE FILM "COMMON MAN AND SURVIVAL" Council concurred that staff should prepare a letter to Mr. James Frazier, for the Mayor's signature, basically stating that the Council did not wish to make an official statement about the film but on the whole, felt that the film was well done. Mr. Framier was requested to direct any message from Washington to Dan Blankenship, City Administrator. Vo ADJOURNmeNT I. CALL TO ORDER II. ROLL CALL Iii. PUBLIC HEARINGS COUNCIL MINUTES Page 3, 1-7-80 It was moved by Kennedy, seconded by Welsh, to adjourn at 5:05 P.M. to the 7:30 P.M. meeting. Carried. / ~AYOR MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way January 7, 1980 7:30 P.M. The meeting was called to order at 7:32 P.M. by Mayor Schuster. Present: Councilpersons: Schuster, Sharp, Kennedy, Welsh Saltarelli (arrived at 7:40 P.M.) Absent: Councilpersons: None Others Present: Dan Blankenship, City Administrator Tom Woodruff, Deputy City Attorney Mike Brotemarkle, Community Development Director Mary E. Wynn, Chief Deputy City Clerk Bob Ledendecker, City Engineer Gary Yaruss, Police Captain Mike Taft, Personnel Director Ed Bushong, Finance Director Dcn Biery, Parks and Recreation Director R. Kenneth Fleagle, Consultant Approximately 40 in the audience !. CONDOMiNiUM CONVERSION ORDINANCE The staff report was given by Mike Brotemarkle, Community Development Director. He stated that at a later date, staff might be recommending amendments to the ordinance regarding affordability and utilization of roof top open space and possibly fees in lieu of open space and also concerns for the expense and the necessity of individual metering of Knits. This ordinance is merely a set of minimum criteria that would serve only as the basis for a use permit review and would not forstall the Planning Agency or the City Council from imposing additional condi- tions as they deem necessary for any particular conversion. The Public Hearing opened at 7:34 P.M. Nick Ogden, 13841 Red Hill, Tustin, stated that he felt a developer making a conversion should have a definite responsibility in helping senior citi- zens find housing. The Public Hearing was closed at 7:40 P.M. by Mayor Schuster. Councilwoman Kennedy was concerned about relocation money going to tenants who rented the apartment after the beginning of procedures for converting which would help the developer to keep the apartments rented rather than going to the tenants who were in the apartments at the time the conversion was started. She also felt that new tenants should be notified that the apartment was being converted before they moved in. R. Kenneth Fleagle, Consultant, reported that the Housing Committee recom- mended that 1) Relocation assistance shall be paid to the tenants occupy- ing the premises at the time of filing of the application, 2) Continued tenancy of the premises, after notice of intent to convert an. apartment complex to a condominium, for the convenience of the developer shall be IV. PUBLIC CONCEP~NS Vo NEW BUSINESS COUNCIL MINUTES Page 4, 1-7-80 subject to such other agreement as may be mutually acceptable to the landlord and tenant, and 3) Notice of intent to convert an apartment complex to a condominium shall be provided by the developer and acknow- ledged in writing by prospective tenants prior to rental of any housing complex'for which a conversion application has been filed and no further obligation for tenant assistance is imposed by the City. Cbuncilmen Saltarelli and Sharp were in favor of setting a time, such aK when Building Permits were issued, and any tenant moving out after that time would be entitled to relocation assistance. Councilman Welsh asked Dr. Fleagle if Planning Agency Resolution 1860 basically reflects the philosophical position of the Housing Committee, which was made up of a diverse cross section of the total City of Tustin. Dr. Fleagle responded that this was correct and there was no great problem but that there were some minimum social obligations and they wished to remain flexible in how you treat each project which is submitted to you. The Housing Committee's opinion was expressed in their Resolution No. 1. It was moved by Saltarelli, seconded by Kennedy, to direct the City Attorney to prepare an Ordinance which would include the reconm~endations of the Housing Committee and staff to look into appropriate date after which any tenant moving out would be entitled to relocation assistance. Carried 5-0. COMMENDATION REGAP~ING APARTMENT CONVERSIONS Nick Ogden, 13841 Red Hill, reported that relative to the conversion of apartments on Vanderlip and Tustin Acres, there had been a minimum of hardship to the senior citizens and he was very pleased. NEOCCS STUDY FOR ARTERIAL ROAD IN VICINITY OF WEIR C~NYON AND [~FORD Richard B. Edgar, 13622 Loretta Drive, asked if there was any particular time when an arterial road in the vicinity of Weir Canyon and Myford would b© going in. Councilman Shar~ responded that he had not seen a time table and the pro- ject is to cost in the billions of dollars. It might be put in about 1995. 1. A~ARD OF BID - BRUSH CHIPPER The following bids for a Brush Chipper for the Maintenance Department were submitted: FMC Corporation FMC model C 16" T brush chipper V-8 318 cu in gas engine with all standard features including, safety shut down brake Hour meter High temp./ & ].ow pressure shutdown sub total 6% sales tax less trade in TOTAL WEST POINT INDUSTRIES Model TWC 15" Fitchenburg Chipper (16" not offered) with 300 cu in 6 cylinder gasoline engine Safety shut down brake High temp & low oil pressure shutdown 6% sales tax less trade in TOTAL $8,850.00 35.00 95.00 8,980.00 538.00 $9,518.00 3,000.00 $6'518'00I $9,619.00 500.00 200.00 $10,319.00 619.14 ~0,938.14 3,500.00 $ 7,438.14 COUNCIL MINUTES Page 5, 1-7-80 ASPLUNDH EQUIPMENT CORP. Asplundh model Jey 16" brush chipper with 330 cu in V-8 gasoline engine with all standard features plus optional extras included in the unit price. Safety shut down brake, tachometer, hour meter rear engine shut down, low oil & high temp. shut down for a unit price of sales tax $9,650.00 579.00 $10,229.00 less trade in 2,500.00 TOTAL $ 7,729.00 The same machine as above is offered with an optional extra, a 4 cylinder Perkins Diesel engine for an additional $954.00, making a total price Of $8~683,00. It was moved by Saltarelli, seconded by Welsh, to award the bid for a 16" brush chipper in the amount of $8,683.00 to Asplundh Equipment Corp. Carried 5-0. 2. AWARD OF BID - "B" STREET Ib~ROVEMENTS Bids were were opened for this project on December. 27, 1979 at 11:00 A.M. and received as follows: Hardy and Harper, Tustin .................... $20,844.00 Jerry Cross Paving, Costa Mesa .............. $25,216.66 Sully-Miller Contr. Co., Orange ............. $26,533.35 A.M. Construction, Whittier ................. $26,826.50 Porter Ccnstruction,.Santa Ana .............. $31,289.00 == was moved b!? Sa]tarelli seconded by Kennedy, to award the bid to Hardy and Harper, Inc. of Tustin for the construction of street improvements along "B" Street between 2nd and 3rd Streets, subject to final approval of the contractor by Housing and Urban Development Office (HUD) and the County HCDA Office and to authorize the cost in excess of $20,700 to be covered by the General Fund. Carried 5-0. 3. G.~A~T FU~_-qDING - SENIOR CITIZEN EQUIPMENT RESOLUTION NO. 80-5 A Resolution of the City Council of the C~ty of Tustin AUTHORIZING THE APPLICATION FOR ~ND THE EXECUTION OF A CONTRACT FOR TITLE III-B FUNDING UNDER THE OLDER A~.~RICANS ACT ALTERNATIVE 1: This proposal includes various equipment needed to improve and extend existing Senior programs from the Community Center Building as well as the Nutrition program. A list and cost of e~]ipment is as follows: 1 Frostless Freezer, $509, 1 Microwave Oven, $485, 5 Tables, $1,000, 4 Security Cabinets, $1,631, 4 Small Security Cabinets, $1,387, 8 Room Partitions, $1,696, 1 Pool Table and Accessories, $712, 1 Food Dehydrator, $170, 1 Mobile Radio and Antenna, $1,852, 1 Refrigerator, $591, 1 First Aid Kit, $70, 1 Pool/Table Tennis Top, $64. Total Project Cost ............ $10,167.00 Grant Funding ................. $ 7,854.85 City General Fund ............. $ 2,312.15 It was moved by Saltarelli, seconded by Welsh, to authorize Alternative 1 as the more cost-effective proposal by adoption of Resolution No. 80-5. Carried 5-0. COUNCIL MINUTES Page 6, 1-7-80 4. RENTAL OF THEATRE IN EL CAMINO PLAZA Dan Blankenship gave the staff report regarding rental of the E1 Camino Theatre as a Cultural Arts Theatre as one alternative and asked for Council direction. The following spoke in favor of the rental of the theatre: Tom Salas, ].762 San Juan, Tustin Eligia Nicola, 709 Breezy Way, Orange Sarah Coleman, 1451 Sycamore, Tustin Gelia Dolcimascolo, 17792 Orange Tree Lane, Tustin Council concurred they did not wish to rent the E1 Camino Theatre. It was moved by Welsh, seconded by Kennedy, to support a combinatJon of performing arts facility and recreation gymnasium facility in a joint power agreement with the School District, S£,~C,-and the County by all VI. OTHER BUSINESS participating financially in building and maintaining 'the facility, and staff to communicate this officially to the other parties. Carried 5-0. EXECUTIVI2 SESSION The City Administrator asked for an Executive Session following the meeting for legal and personnel reasons. Council concurred. JAMBOREE/[.IYFORD ALI GNb~ENT Councilman Saltarelli reported that he and Dan Blankenship, City Admin- istrator, met with representatives of the IrvJne Company, City of Irvine, and Congressman Badham on Saturday, January 5, 1980, regarding getting the gamboree/Myford alignment through the Marine Corps Helicopter Base. He will get a res. crt to the Council in writing regarding th~s meeting. AIRPORT EXP~NS I©~ VII. ADJOURN_~IE>[? Councilwoman Kennedy reported she had attended an Advisory Co~mnittee meeting reqardin~ Airport expansion and there are some grave concerns anl they were not taking any advise from the Advisory Committee. it was moved by Sharp, seconded by Saltarelli, to adjourn at 9:35 P.M. to an Executive Session and thence to the next regular meeting on January 2!, ]980. Carried 5-0.