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HomeMy WebLinkAboutCC 1 MINUTES 01-07-80C~LL TO ORDE~ II. ROLL CALL III. P~] CES S MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL 300 Centennial Way Dece~rber 17, 1979 The meeting was called to order by Mayor Pro Tem Saltarelli at 5:00 P.M. Present: Councilpersons: Saltarelli, Sharp, Kennedy, Welsh Absent: Councilpersons: Schuster Others Present: D~m Blankenship, City Administrator James G. Rourke, City Attorney Mike Brotemarkle, Community Development Director Ruth C. Poe, City Clerk Mary E. Wynn, Chief Deputy City Clerk Bob Ledendecker, City Engineer Ed Bushong, Finance Director Mike Taft, Personuel Director R. Kenneth Fleag]e, Consultant Approxi~nately 6 in the audience It was moved by Sharp, seconded by Kennedy, to recess to the Redevelopment Agency meeting at 5:01 P.M. Carried 4-0, Schuster absent. MINUTES OF A REGULAR ~.gf. ETING RE DE VE LOP~Z~3NT AGENCY Decen~er 17, 1979 The meet:ing was called to order by Chairman Saltai~elli at 5:01 P.M. Present: Members: Saltarelli, Sharp, Kennedy, Welsh Absent: Me~,loe r s: None 3. APPROVAl, OF MINUTES of December 3, 1979 meeting. It was moved by Sharp, seconded by Kennedy, that the minutes of the December 3, 1979 meeting be approved. Carried 4-0. 4. STATE COMPLIANCE AUDIT Dan Blankenship, City Administrator, reported that the State Controller's = ' = o~f~c~= had issued .quJdelines for compliance audits of California Redewblopment Agencies and the first report for the year ending June 30, 1979 was due by March 1, 1980. Since Hanson, Myers & Kile Accountancy Corp. performed the audit for that period~ he recommended that they be contro¢ ted to prepare the Audit Report. It was moved by Saltarelli seconded by Welsh, to authorize staff to execute an agreement with Hanson, Myers, & Kile Accountancy Corp. for $1,380 for ~ ~' prelara~zon of the Redevelopment Agency State Compliance Audit t~eport. Carried 4-0. It was moved by Sharp, seconded by Kennedy, to adjourn at 5:03 P.M. to the next regular meeting on January 7, 1980. Carried 4-0. CHAI !~IAN COUNCIL MINUTES Page 2, 12-17-79 CONSENT CALEN DA R MEETING OF TUSTIN CITY COg~]CIL {LECONVENED AT 5:03 P.M. Deceu~er 17, ]979 APPROVAL OF MINUTES - Dece~nber 3, 1979. APPROVAL OF DEMANDS Jn the amount of $68,780.70. RATIFICATION OF PAYROLL in the amount of $75,074.38. 3. RESOLUTION NO. 79-92 A Resolution of the City of Tustin, California, ADOPTING P~GULATIONS FOR CANDIDATES FOR ELECTI~] OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE }{ELD IN SAID CITY ON TUESDAY, APRIL 8, 1980. Adoption of Resolution No. 79-92 as recommended by City Clerk. 4. RESOLUTION NO. 79-93 A Resolution of the City Council of the City of Tustin, California, CALLING AND GIVING ~[OTICE OF THE HOLDING OF A GENEP~AL MUNICIPAL ELECTION TO BE HELD iN SAID CITY ON TUESDAY, THE 8TH OF APRIL, 1980, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE IzAWS OF THE STATE OF CALIFORNIA RELATING TO GENEPeIL LAW CITIES AND FOR THE SUBMISSION TO THE QUALIFIED EL~CTOI~% OF SAID CITY OF CERTAIN QUESTIONS, PROPOSITIONS, OR ~ASUI%ES P~EI~ITING TO THE PROHIBITION OF THE SALE AND USE OF FIREWORKS AND RELATING TO THE REAPPORTION~'NT OF SALES' TAX AND USE TAX. Adoption of Resolution No. 79-93 as reco~ueended by City Clerk. 5. RESOLUTION NO. 79-94 A Resolution of the City Council of the City of Tustin, California, REQUESTING TttE BOARD OF SUPEi<VISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO SAID CITY }~LATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 8, 1980. Adoption of Resolution No. 79-94 as reco~nended by City Clerk. 6. RESOLUTION NO. 79-95 A Resolution of the City Council of the City of Tustin, California, AUTHORIZING CERTAIN OF ITS b~MBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE PERTAINING TO FI~iWORKS Adoption of Resolution No. 79-95 as reco~mT~ended by City Clerk. 7. RESOLUTION NO..79-96 A Resolution of the City Council of the City of Tustin, California, AUTHORIZING CERTAIN OF !TS MEMBERS TO FILE A WRITTEN ARGUmeNT P~- GARDING A CITY M~iASURE PERTAINING TO THE REAPPORTIONP~NT OF SALES AND USE TAXES Adophion of Resolution No. 79-96 as recommended by City Clerk. CONTRACTUAL ELECTION SERVICES Authorize contracting with Ruth C. Poe for such services at $10 per hour but not to exceed 100 hours for the April, 1980 election, as recommended by the City Administrator. 9. RESOLUTION NO. 79-101 A Resolution of the City Council of the City of Tustin APPROVING FINAL PARCEL MAP 79-1033 (240 Pasadena Ave.) Adoption of Resolution No. 79-101 as recommended by Community Development Depar~ment. 10. RESOLUTION NO. 79-98 A Resolution of the Council of the City of Tustin, REQUESTING THE COUNTY OF OIUkNGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRIIM TIIE Di.~VELOP~,~-'.~.NT OF VAI,ENCIA AVENUE FROM PJ.'~D HILL AVE~UE TO THE NEWPORT FRt~EWAY. Ado[}ticn of Resolution No. 79-98 as reconhmended by City Engineer. COUNCIL MIN[JTES Page 3, 12-17-79 II. ORDINANCES IR INTRO- dUCTION III. ORDINANCES FOR ADOPTION 11. ~SOLUTION NO. 79-99 12. 13. A Resolution of the City Council of the City of Tustin, RECOMMENDING APPROVAL OF FINAL Tt{ACT ~P NO. 10762 (640-690 W. Main St.) Adoption of Resolution No. 79-99 as recon~Rended by Co~unity Development Depart~ent~ RELEASE OF WANP~NTY BOND - TRACT NO. 6732 (N of 17th St. and E of the Costa Mesa Freeway) Authorize the release of Warranty Bond No. 5018465 pertaining to Tract No. 6732 as recommended by City Engineer. SALE OE SIXTH STI~2ET PROPERTY Authorize the Mayor to execute the deed in behalf of the City, which quitclaims the City's rights for the irrigation easement to the Foster Art Service, the purchasers of said property as recommended by the City Engineer. Items 6 and 7 were removed from the calendar for further discussion. It was moved by Kennedy, .~econded by Sharp, to approve the Consent Calendar as submitted wlth the exception of Items 6 and 7. Carried 4-0, Schuster absent. 6. RESOLUTION NO. 79-95 A Resolution of the City Council of the City of Tustin, California, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGU~:NT R~';(%~RDING A CITY M~EASURE PERTAINING TO EIICSWORKS It was moved by Kennedy, seconded by Sharp, that the City Council not give any written arguments regarding ban of use and sale of fireworks. Carried 4-0, Schuster absent~ Resolution No. 79-95 was not passed. 7. RESOLUTION NO. 79-96 A Resolution of the City Council of the City of Tustin, California, AUTHORIZING CERTAIN OF ITS I~_EMBE£{S TO PILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE PERTAINING TO THE REAPPORTION}.~NT OE SALES AND USE TAXES _Council agzrpe~d that the City Administrator should prepare a draft argument regarding reapportionment of sales and use taxes for the Council's conunent~s. It was moved by Kennedy, seconded _~/ Sharp, to adopt Resolution No. 79-96 with the City Council members au~thorized to give the argument in favor of reapportionment of sales and use taxes. Carried 4-0, Schuster absent. 1. ORDINANCE NO. 8] 8 An Ordinance of the City of Tustin, California, AMENDING TNE TUSTIN CITY CODE BY ADDING PANT 2, CHAPTER 4, OF ARTICLE 6 TO THE TUSTIN CITY CODE PERTAINING TO THE ADVERTISING, DISPLAY AND SALE TO MINOiAS OF PARAPHERNALIA CO.~40NLY ASSOCIATED WITH TBE USE OF NARCOTICS It was m__o?ed by Kennedy_,__seconded by Wel. sh, that Ordinance No. 818 have first reading by title only. Carried 4-~3- Schuster absent. Following the reading of the title of Ordinance No. 818 by Mary E. Wyrm, Chief Deputy City Clerk, it was moved by Welsh, seconded b~Y. K__3'-~--n}_}?~d_y_Y, that Ordinance No. 818 be introduced. Carried 4-0, Schuster absent. ].. ORDINANCE NO. 817 An Ordinance of the City of TustJn REZONING PROPERTY ON APPLICATION Z.C. 79~3 AT THE SONTHEASTERLY CO'2NER OP IRVINE AND HOLT (From C-] Retail Commercial to the Planned Community Commercial District) CO[~CIL MINUTES Page 4, 12-17-79 IV. OLD BUSINESS V. NEW BUSINESS It was moved by Welsh, seconded by ~]2arp., that Ordinance No. 817 have second reading by title only. Carried 4-0, Schuster absent. Following the reading of the title of O,-dinance NO. 817 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Welsh, seconded by Sharp, that Ordinance No. 817 be passed and adopted. ROLL CALL VOTE AYES: Saltarelli, Sharp, Kennedy, Welsh NOES: None ABSENT: Schuster 1. CENTENNIAl, PARK FENCING AND IRRIGATION SYSTEM Councilman Saltarelli reported that the Association had co~unicated with him and felt that there should be a lot more study done before'we spend the money involved to install the fences and sprinkler system that would sprinkler the lawn ten minutes out of every hour. It was moved by Welsh, seconded by Sa]tarelli, to continue ~lis until the study can take place on the feasibility of the proposals. Councilwoman Kennedy requested that Mr. Welsh include iu his motion that Council would .receive bi-weekly reports from the Po]ice Department on the enforcement in the park. Councilman Welsh am~p~_~i? m~otion, sgc__o3~ded by Saltarelli, to continue this item until the study can take place on the feasibility of the pro- posals and that the Police Department give a bi-weekly report to the Council regarding enforcement in the park. Carried 4-0, Schusher absent. YORBA STREET AHFP PROJECT NO. 1012 & 10] 3 SELECTION OF APPRAISER AND R/W ACQUISITION AGENT Bob Ledendecker, City Engineer, reported that he had sent letters to the residents and asked that this be discussed at the 7:30 P.M. meeting. Council concurred. 2. AWARD OF BID FOR ANNUAL STREET STRIPING The City contracts each year for its street striping, painting cf various legends and sandblasting for removal of existing striping. Items numbered 1 through 6 are measured quantity items with hhe remaining items being of undetermined quantities because City forces perform some of the painting of legends as time permits. Bids were received from three firms as follows for items numbered 1 through 6: Orange County Striping Service, Irvine Traffic E~gineering, Inc. , Brea Safety Striping Service, Fillmore $18,285.00 $20,442.30 $25,997.60 It was .~ov__?!]~bZ Kennedy, seconded by Sharp, to award the bid for street striping servLces to Orange County Striping Services of Irvine in the amount of $].8,285.00. Carried 4-0, Schuster absent. 3. REMOVAl, OF TREES ON RED HILL AVENUE BEY%fEEN BRYAN AND IJANCE Councilman Sharp asked that this item be heard at the 7:30 P.M. meeting. Council concurred. COO%~CI L MINUTES Page 5, t2-] 7-79 VI. OTHER BUSINESS vii. .~DJOURNRENT 4. REQUEST TO SUPPORT PROGRAMS REI,ATED TO THE FII,M "CO~YP:ON MAN AND SURVIVAl," James Frazier, 15660 Tustin Village Way, #53, Tustin, who is proposing this to the City of Tustin, sa[~ that he would be back at the White House in Washington, D. C. in February and he expects the attention to fall on the City of Tustin. It would be taken by the media back there to be a conuauni- cation from tho City. If Council would want to make a statement as a'City, it is available for them. They will be using the symbol in front of thc Wishing Well. as part of the symbol of the fJ. lm. Tustin would be the guiding light for sending the message to the White House. They were going to discuss the idea of unity for the future by suggesting extending thc bicentennial celebration to a July, 1980 celebration. Council asked to see the film and the time was set for January 7, 1980 at 2 P.M. 5. ORANGE COUNTY TRANSPORTATION CO}hqISSION {O.C.T.C. ) PRESENTATION Council concnrred that the Orange County Transportation Co,his'sion Presenta- tion should be given at the January 21st, 1980 Council meeting at the after- noon session. ELLCPION OF CITY AUDITOR Listed below is a summary of the proposals received for audit services for the fiscal year ending June 30, 1980: Diet]. Evans & Company Simonis Moreland Accountants, Inc. Main Hurdman & Cranstoun $ 9,250 9,300 ].2,500 The other three firms on our list chose not to bid. They are: Ernst & Whinney Hanson, Ross, Kushner & Co. Peat, Harwick, Mitchell & Co. No Bid No Response No Response It was moved by Kennedy, seconded by Saltarelli, to authorize'staff to accept the proposal, of SJmonis Moreland Accountants, Inc. for $9,300 for fiscal 1979~80 and two additional annual periods as follows: Fiscal 1980-81 $10,230; and Piscal 198]_-82 $11,253 assuming service has been satisfactory. Carried 4-0, Sghuster absent. FLYING UNITED STATES FLAG AS A SIGN OF NATIONAL UNITY It was .... moved.~..__by Welsh, second_e_d by Saltarell__i, to encourage the residents of the City of Tustin to fly their flag daily as a sign of national unity during this Iranian crisis. Carried 4-0, Schuster absent. It was moved by Sharp, seconded by Kennedy~, to adjourn at 5:27 P.M. to the 7:30 P.M. meeting. Cerried. MAYOR CITY CLERK COgNCIL M~i NUTES Page 6, 12-17-79 CALL TO ORDER II. ROLL CALL III. PUBLIC EARINGS IV. PUBLIC Vo NEW BUSINESS MINUTES OPA REGULAR b~ETING TUSTIN CITY qOUNCIL CO(~CIE C~TAMBERS 300 Centennial Way December 17, 1979 7:30 P.M. The meeting was called to order at 7:33 P.M. by Mayor Pro Tem Saltarelli. Present: Counci]persons: Sal[arellJ, Sharp, Kennedy Absent: Counc~lpersons: Sehuster, We!sh Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Mike B£otemarkle, Community Development Director Mary E. Wyrm, Chief Deputy City Clerk Bob Ledendecker, City Engineer Ed Bushong, Pinance Director Charles Thayer, Chief of Police }[. Kenneth Fleagle, Consultant Approximately 28 in the audience 1. ROUSING ELEMENT OF THE GENERAL PLAN RESOLUTION NO. 79-100 A Resolution of the City Coancil of the City of Tustin, ADOPTING THE REVISED HOUSING ELE.~NT OF THE GENERAL PLAN The staff report was given by M~ke Brotemarkle, Community Development Director. The Public Rearing was open,ed at 7:36 P.M. There being no com:nents or objections, Mayor Pro Tem Saitarelli closed the Public Hearing. It was moved by Kennedy, seconded by Sharp, to adopt the Rousing Element by approval of ~e~olution No. 79-100, substantially as drafted. Carried 3-0, Schuster and Welsh abseut. MINUTES OF ~E t%EDEVELOP~?.~T AGENCY Richard B. Edgar, 13622 Loretta Drive, Tus/i~, inquired as to where the minutes for the RedevelotTment Agency were. After checki.ng, it was discovered that Page 6 of the minutes was missing from the books but was in the original minutes and that t~e Redevelopment minutes appeared on that page. YORBA STP, EET AHFP PROJECT NO. 1012 & 1013 SELECTION OF APPRAISER AND R/W ACQUISITION AGENT Bob Ledendeckcr, City Engineer, reported that the City Council had authorized this arher'[a] highway project for the widening of Yorba St. between First and Irvine Blvd. in 1978. We have solicited bids for proposals for right of way acquisition agent and rig]r[ of way appraisal agent. In the past few months we haw; receJ¥cd inquf[ries from several residents and therefore, we sent letters to each resident, letting them know this ~tem was on the agouda tonight and of ]3 letters, 2 were returned with addressee not known. If the Council deslir~ts to go through with the project, he recommended selec, tion of appraiser and right of w~y acquisition agent. COUN Ct I, MI N UTE S Page 7, ]2-17~79 FOR P~]PARATION OF APP}<%ISAL P~EPORTS APPi~\ISER COST PER PARCEl[, TOTAL COST 'Williams d. Carlson $ 560.00 $ 7,280.00 Landauer & Associates Inc. $1,850.00 for 5 parcels $1,350.00 fo~ 8 parcels $20,050.00 Joseph A. Mueller (unable to submit proposal due to work load) RIGHT-OF-WAY ACQUISITION SERVICES COST PER PARCEL TOTAL COST. Berryman & Stephenson Inc. Security Land & R/W Services Inc. $400.00 $5,200.00 $700.00 $9,100.00 Georgia Holmstrom, 143 Yorba Street, spoke for 8 of the 13 residents regarding the following concerns: 1) Devaluation of their property, 2) Noise, fumes, and pollution impact, 3) Loss of trees and shrubbery, 4) Traffic control such as will trucks be all©wed on this street or any plans for a omc, way street and flow of traffic, 5) Zoning changes, 6) Parking restrictions on the street, 7) Their homes would be closer to traffic flow than is allowed for a new home, 8) Loss of additional land for sidewalks, 9) Would like tc see EIR, 10) How soon these appraisals will be made, and ll) Updated information from the City. Bob Ledendecker, City Engineer, agreed to set up a time to meet with these residents to answer their questions. Barclay Sauers, 211 Valley View'Pl., Vista, CA, owner of 177 Yorba St., asked several questions and reqnested that an Environmental Impact Report be made. Dan Blankenship, City Administrator, explained that it would probably be at least 60 days before the appraisals would be completed and that they were professional appraisers and would take into considerakion the zoning and any other contributing factors and gJ_ve a fair value of the property. If the owner does not agree with the appraiser, they can go to court for their determi, nation. It was moved by Sharp, seconded by Kennedy, to select William J. Car]son to prepare the appraisal reports for the amount of $7,280.00 and Berryman & Stephenson, Inc. for right of way acquisition services for the amount of $5,200.00. Carried 3-0, Schuster and Welsh absent. Mike Brotemarkle, Community Development Director, said that a Negative Declaration had been made on this some 'time previously but staff would continue to work with residents on any problems. 3. P~EMOVAL OF TM.iES ON I~.]D HILL AVENUE BETWEEN BRYAN AND I~ANCE Councilman Sharp pointed out that these trees are behind his house and he would like to speak on the matter but would abstain from voting on it. He wished the trees to remain as he has a noise and pollution problem from the traffic en Red Hill. He and the neighbors living there 17 years ago planted these trees for that reason. The present neighbors have switching pools and wish tile trees to be removed because of the leaves getting in their pools. Tracey Fox, 13541 Epping Way, stated that one tree hangs over her property and causes a big problem in her s%vimming pool and she requested that the trees be removed. It was moved b.Y_~i~kn_nedy, seconded by~ Saltarelli, that the three remaining tree.~ on Red }{ill_ Ave., between Bryan and Lance be removed. Carried 2-0, Schuster and Welsh absent, Sharp abstained. CO[F,~C f L MINUTES Page 8, 12.-17-79 oTH E R VII. ADJOURN:4ENT EI.R FOR MAP. INE CORPS ttOLlo Councilman Salta~e]li reported that he had had several meetings with the Marine Corps regarding the EIR for the Marine Corps housing that he brgught up at the last Council meeting. It was moved by Saltarelli, seconded by Kennedy, to direct staff to delay any legal action regarding the EIR for the Marine Corps housing but to con- tinue to exhaust any other remedies available. Carried 3-0. EXECUTIVE SESSION Council concurred to have an Executive Session on personnel and legal matters follow~.ng this meeting. It was moved by Kenned_y~ sQ.?ended by Sharp, to adjourn at 8:05 P.M. to an Executive Session, thence to an adjo~rned meeting on Dec. 19, 1979 at 5:00 P.M., thence to a showing of the film "Common Man and Survival" on January 7, 1980 at 2:00 P.M., and thence to the next regular meeting on January 7, 1980 at 3:00 P.M. Carried. b[AYOR CITY CLERK CALL TO OF<DE R II. ROLL CALL III. PUBLIC ~EARING IV. ADJOUt%NME~T MINUTES OF A REGULAR ADJOURNED I,~ETING TUSTiN CI'i'Y COUNCIL COUNCIL CHAMBERS 300 Centennial Way Tustin, California Decca}er 19, t979 5:00 P.M. The meeting was called to order by Mayor Schuster at 5:01 P.M. Present: Councilpersons: Sch~sher, Sa]tarelli, Kennedy, Welsh Absent: Councilpersons: Sharp Others Present: Dan Blanke~ship, City Administrator Mike Brotemarkle, Community Development Director Mary E. Wynn, Chief Deputy City Clerk Bob Ledendecker, City Engineer 1 in audience 1. PROTEST HEARING REGARDING ANNEXATION NO. 97 RESOLUTION NO. 79-97 A Resolution of the City Council of the City of Tustin, DETERMINING THE VALUE OF WRITTEN PROTESTS AND ORDERING THE ANNE~LRTION OF THE AREA KNOWN AS "HAIN STREET/FREEWAY ANNEXATION NO. 97" TO THE CITY OF TUSTIN, CALIFORNIA Mike Brotemarkle, Community Development Director, gave the staff report stating filet this was 16.4 acres containing a school, convent, and con- dominiums with about 150 residents. 80% of the residents have signed to annex with the remaining 2Q% not opposing but preferring to remain in the County. The Public Hearing was opened at 5:09 P.M. to hear any protests. There being no comm~ents or objections, ~t was moved bt, ~elsh, seconded by Kennedy, to close the P~blic Hearing and to adopt Resolution No. 79-97. Carried 4-0, Sharp absent. It was moved by Welsh, sec9_nded by Saltarelli, to adjourn at 5:10 P.M. to a showing ct' the film 'Comnon Man and Survival" on January 7, 1980 at 2:00 P.M. and thence to the January 7, 1980 regular meeting at 3:00 P.M. Carried. MAYOR CITY CLERK