HomeMy WebLinkAboutCC MINUTES 1985 12 16 MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
DECEMBER 16, 1985
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Greinke at 7:04 p.m. in the
City Council Chambers, 300 Centennial Way.
The Pledge of Allegiance was led by Mike Jessick and Stephen Woellerts,
members of the Webelos Den Cub Scout Pack No. 323 from St. Cecilia's
Church, whose leader is Dennis O. Mahoney.~ The entire.troop was
requested to stand and received recognition with applause.
The Invocation was given by Councilman Edgar.
Members of Pack No. 638 from Tustin Meadows were also present, stood,
and received recognition with applause.
II, ROLL CALL
Councilpersons Present: Frank H. Greinke, Mayor
Donald J. Saltarelli, Mayor Pro Tem
Richard B. Edgar
Ronald B. Hoesterey
Ursula E. Kennedy
CoUncilpersons Absent: None
Others Present: William A. Huston, City Manager
James G. Rourke, City Attorney
Mary E. Wynn, City Clerk
Donald D. Lamm, Com. Development Director
Robert S. Ledendecker, Dir. of Public Works
~-. Royleen A. White, Dir. of Com. & Admin. Srvcs.
Charles R. Thayer, Chief of Police
Ronald A. Nault, Finance Director
Susan Jones, Recreation Superintendent
Jeff Davis, Associate Planner
Monda Buckley, Administrative Assistant
-! ! Approximately 50 in the audience ::.
III. PROCLAMATIONS
None.
IV, PUBLIC HEARINGS
1, TUSTIN URBAN WATER MANAGEMENT PLAN - RESOLUTION NO, 85-118
{Continued from December 2, 1985}
The staff report and recommendation were presented by the Adminis-
trative Assistant as contained in her inter-com dated December 3,
1985.
Mayor Greinke opened the public hearing at 7:08 p.m. There were no
speakers on the matter, and the public hearing was closed.
It was then moved by Hoesterey, seconded by Edgar, to adopt the
following:
RESOLUTION NG. 85-118 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING THE TUSTIN URBAN WATER MANAGE-
MENT PLAN
The motion carried 5-0. 107
2. ABATEMENT.OF PUBLIC NUISANCE AT 17592 AMAGANSET NO.
85-116 (Continued from December 2,1985}
The staff report and recommendation were presented by the Community
Development Director as contained in the inter-com dated December
16, 1985, prepared by the Community Development Department.
CITY COUNCIL MINUTES
Page 2, 12-16-85
Mayor Greinke opened the public hearing at 7:10 p.m.
Jeff Jolley, American Restoration & Construction, Inc., 3100 West
Warner, Suite 8, Santa Ana, general contractors for subject prop-
erty, reported that final plans were formally submitted for plan
checking on December 13. Upon issuance of permits, it should take
approximately 90 days to bring the property into Code conformance.
He requested continuance on the matter to eliminate duplication of
some necessary repairs (such as broken windows) which will coincide
with construction.
There were no other speakers on the matter, and the pub~iic hearing
was closed at 7:13 p.m.
It was then moved by Saltarelli, seconded by Hoesterey, to:
1) Adopt the following; and
RESOLUTION NO, 85-116 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DETERMINING THAT CERTAIN CONDITIONS
ON THE PROPERTY LOCATED AT 17592 AMAGANSET AVENUE (AP# 401;
033-01) CONSTITUTE A PUBLIC NUISANCE AND HEREBY ORDERING THE
ABATEMENT OF SAID NUISANCE
2) Amend Section II of Resolution No. 85-116 ordering abatement of
conditions within~ areasonable period of time at the discretion
of the Community Development Director prior to initiation of
any legal action against the property owner or assessment of
liens against the property.
The motion carried 5-0. 81
3. ZONING ORDINANCE AMENDMENT NO. 85-6 - LOCATION OF SCHOOL USES IN
PROFESSIONAL/INDUSTRIAL ZONES - ORDINANCE NO. 957
The Community Development Director presented the staff report and
recommendation as contained in the inter-com dated December 16,
1985, prepared by the Community Development Department.
The public hearing was opened by Mayor Greinke at 7:16 p.m. There
were no speakers on the matter, and the public hearing was closed.
It was then moved by Hoesterey, seconded by Kennedy, that Ordinance
No. 957 have first reading by title only. Motion carried 5-0.
Following first reading by title only of Ordinance No. 957 by the~
City Clerk, it was moved by Edgar, seconded by Hoesterey, that'
Ordinance No. 957 be introduced as follows:
ORUINANCE ~0. 957 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING ZONING ORDINANCE NO. 85-6 AUTHORIZING SCHOOL USES,
SUBJECT TO CONDITIONAL USE PERMITS, IN THE PROFESSIONAL OFFICE (Pr)
AND INDUSTRIAL (M) DISTRICTS
The motion carried 5-0. 109
4. ZONING ORDINANCE AMENDMENT NO. 85-8 - PROHIBITION OF TOXIC WASTE
TRANSFER STATIONS - ORDINANCE 954
The staff report and recommendation were presented by the Community
Development Director as contained in the inter-com prepared by the
Community Development Department dated December 16, 1985.
In response to Councilwoman Kennedy, the Community Development
Director stated it is the City Attorney's opinion that the City has
a right to try to prohibit certain types of uses. Findings in
Ordinance No. 954 state that industrial zones are located close to
residential areas. Because of this staff feels it has good stand-
ing to try to prohibit toxic waste transfer stations. If chal-
lenged, the City could uphold such findings and have very good
defense in courts of law. If the ordinance is not adopted, the
City will have greater exposure and greater chance i of losing
attempts to prohibit toxic waste transfer stations.
CITY COUNCIL MINUTES
Page 3, 12-16-85
The Community Development Director responded to Mayor Pro Tem
~Saltarelli that the Planning Commission did not address the matter
of making toxic waste transfer stations permissible under the use
permit process. It was felt that because of the proximity of
industrial zones to residential areas, there is no location in
either industrial park that is appropriate for a major toxic waste
transfer station. If it were permitted subject to a use permit,
there may be cause for somebody to claim arbitrary denial. If it
is flat-out prohibited, no one can legally apply for it and there's
a stronger stance in this method.
In response to Mayor Greinke, the Community Development Director
explained why staff feels very comfortable that service stations
wouldnot~'be prohibitedfrom reclaiming wasteoi~l,lby~Ordinance No.
954, Staff's definiton of a "toxic waste transfer'~St'~tion. is a
business dealing principally and nearly 100% in the line of trans-
ferring and storage of toxic materials. It would not, therefore,
apply to companies in the business of selling new products or that
.only store/recycle reclaimed products (such as crank case oils) as
an ancillary part of the business at service stations. If that
interpretation should be challenged in the future, the definition
would be clarified further relative to being the principal land use
on a property, not an ancillary use.
Mayor Greinke opened the public hearing at 7:24 p.m. There were no
speakers on the matter, and the public hearing was closed.
Mayor Pro Tem Saltarelli was not opposed to the ordinance, but felt
that the use permit process would be a better method of discourag-
ing toxic waste transfer stations in Tustin through very rigid
regulations. He added that the League of Cities took the position
that those cities who generate most of the toxic waste should be
those who have transfer stations in their city.
Mayor Greinke disagreed. He was in accord with the thought that
Council should think in terms of total betterment of Orange County,
but first and foremost what is best for the City of Tustin.
Mayor Pro Tem Saltarelli reiterated his preference for a use permit
process.
Councilwoman Kennedy stated a preference for the direct approach of
having an ordinance on the books which prohibits toxic waste trans-
fer stations.
Further Council/staff discussion followed.
It was then moved by Saltarelli, seconded by Edgar, to continue
consideration of the following to January 20, 1986:
ORDINANCE NO. 954 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING ZONING ORDINANCE AMENDMENT 85-8 PROHIBITING THE
DEVELOPMENT AND/OR OPERATION OF TOXIC WASTE TRANSFER STATIONS WITH-
IN THE CITY LIMITS
Councilwoman Kennedy expressed shock that the matter was being
tabled.
The motion carried 5-0. 102
AMENDMENTS TO THE MUNICIPAL CODE - REGULATIONS OF FORTUNE TELLING
BUSINESSES - ORDINANCES NO, 958, 959 AND 960
~The public hearing was opened by Mayor Greinke at 7:45 p.m. There
were no speakers on the matter, and the public hearing was closed.
It was moved by Edgar, seconded by Kennedy, t~hat Ordinance No. 958
have first reading by title only. Carried 5-0. F~ollowing first
reading by title only of Ordinance No. 958 by the City Clerk, it
was moved by Edgar, seconded by Kennedy, that Ordinance No. 958 be
introduced as follows:
CITY COUNCIL MINUTES
Page 4, 12-16-85
ORDINANCE NO. 958 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, (ZONING ORDINANCE AMENDMENT NO. 85-9) AMENDING
SECTION 9232b AND SECTION 9233c OF THE TUSTIN CITY CODE PERTAINING
TO THE OPERATION OF FORTUNE-TELLING BUSINESSES
Themotion carried 5-0. 31
It was moved by Edgar, seconded by Hoesteret, that Ordinance No.
959 have first reading by title only. Motion carried 5-0. Follow-
ing first reading by title only of Ordinance No. 959 by the City
Clerk, it was moved by Edgar, seconded by Saltarelli, that Ordi-
nance No. 959 be introduced as follows:
ORDINANCE NO. 959 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTION 2523 OF THE TUSTIN CITY CODE
(FORTUNE TELLING)
The motion carried 5-0. 31
It was moved by Edgar, seconded by Hoesterey, that Ordinance No.
960 have first reading by title only. The motion carried 5-0.
Following first reading by title only of Ordinance No. 960 by the
City Clerk, it was moved by Edgar, seconded by Hoestere~,I that
introduce:
Ordinance No. 960 be d
ORDINANCE NO. 960 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA REGARDING THE PRACTICE OF FORTUNE-TELLING
Mayor Pro Tem Saltarelli felt regulations were too stringent. The
Community Development Director stated Ordinance No. 960 is far more
regulatory than most ordinances we presently have. It is modeled
to a great extent after other cities' ordinances on the matter.
Specifically, Section 3812(b) items 2 through 5 state that no
fortune-telling business shall be within 500 feet of any residen-
tial lot, public park or playground, church, school, or adult busi-
ness.
James Rosenberg, Attorney from Pasadena, requested clarification on
the 500-foot distance. The Community Development Director clari-
fied it as a 500-foot straight line from the building in which the
business is located to property lines zoned residential, etc.
Following Council discussion, the motion was amended by Saltarelli,
seconded by Greinke, that Ordinance No. 960 be introduced with a
modification to Section 3812 (b) by eliminating items 2 and 3. The
amended motion carried 5-0. 31
6. FIRST STREET SPECIFIC PLAN (SPECIFIC PLAN NO. 10) - RESOLUTION NO.
85-126 - ORDINANCE NO. 961
The staff report and recommendation were presented by the Community
Development Director as contained in the inter-com prepared by the
Community Development Department dated December 16, 1985.
The Director narrated slides of areas of'First Street contained
within Specific Plan No. 10.
Consultants A1 Bell, Mark Brodeur, & Matt Disston from The Planning
Center were introduced. Mr. Bell spoke on the plan and emphasized
the following key points:
1) No property owner within the planning area is forced by virtue
of the plan to make a change, unless the owner elects to make
changes, then s/he must abide by provisions of the plan;
2) The combination of land uses, site development standards and
design guidelines serve to protect adjacent residential neigh-
borhoods along some portions of the corridor;
3) The plan attempts to establish consistent quality of develop-
ment throughout the First Street corridor with no uniform
architectural theme or style; and
4) The plan proposes optimum allocation of office and commercial
uses based on both market analysis and site characteristics.
CITY COUNCIL MINUTES
Page 5, 12-16-85
Mr. Bell responded to Council questions. Council discussion
followed. The Community Development Director responded to Council
questions.
Mayor Greinke opened the public hearing at 8:28 p.m. There were no
speakers on the matter, and the public hearing was closed.
There was further Council/staff/consultant discussion regarding
non-conforming uses of land, the lot consolidation program, market
analyses, pedestrian traffic, signing, and other elements of the
First Street Specific Plan.
It was moved by Edgar, seconded by Hoesterey, to adopt the follow-
ing:
RESOLUTION NO. 85-126- A RESOLUTION OF THE CITY C~UN'CIL OF THE
CITY OF TUSTIN ADOPTING THE POLICY AND DEVELOPMENT STANDARDS CON-
TAINED IN THE FIRST STREET SPECIFIC PLAN (SPECIFIC PLAN NO. 10}
The motion carried 5-0.
It was moved by Edgar, seconded by Kennedy, that Ordinance No. 961
have first reading by title only. Motion carried 5-0. Following
first reading by title only of Ordinance No. 961 by the City Clerk,
it was moved by Edgar, seconded by Hoesterey, that Ordinance No.
961 be introduced as follows:
ORDINANCE NO. 961 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA ADOPTING LAND USE AND DEVELOPMENT REGULATION
SECTIONS OF THE FIRST STREET SPECIFIC PLAN
The motion carried 5-0. 81
. COMMUNITY ANNOUNCEMENT :
Mayor Greinke congratulated the Community Services Department on the
First Annual Tree Lighting Ceremony which was held on December 6,
1985. Particularly, he offered kudos to Eileen Harter, Recreation
Supervisor, who organized the event.
RECESS - RECONVENED
Mayo~ GFe~n~e Fecess~d ~ mGe£ing at '8:53 p.m. The'm~eti-ng~a~'~>~recon_
vened at 9:00 p.m. with all members present.
V, PUBLIC INPUT
None.
VI. CONSENT CALENDAR
Item No. 7 was removed from the Consent Calendar by Saltarelli. It was
moved by Hoesterey, seconded by Kennedy, to approve the remainder of
the Consent Calendar. The motion carried 5-0.
1, APPROVAL OF MINUTES - DECEMBER 2, 1985, REGULAR MEETING
"' 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $369,188.73
' RATIFICATION OF PAYROLL IN THE AMOUNT OF $126,750.21 50
3. RESOLUTION NO. 85-123 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLD-
ING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 8,
1986, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING
TO GENERAL LAW CITIES
RESOLUTION NO, 85-124 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY
RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD
IN THE CITY OF TUSTIN ON TUESDAY, APRIL 8, 1986
CITY COUNCIL MINUTES
Page 6, 12-16-85
RESOLUTION NO. 85-125 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO
THE VOTERS AT AN ELECTION
Adopted Resolutions No. 85-123, 85-124, and 85-125 as recom-
mended by the City Clerk. 48
4. SENIOR CITIZENS ADVISORY COUNCIL NOMINATION
Nominated Evelynn Hershey as the League of California Cities
Representative to the County of Orange Senior Citizens Advisory
Council, representing District 5, as recommended by the Recrea-
tion Superintendent. 41
5. AGREEMENT TO MAINTAIN & REPAIR EARTHEN FLOOD CONTROL CHANNEL (EL
MODENA-IRVINE CHANNEL)
Authorized the Mayor and City Clerk to execute subject agree-
ment with The Irvine Company on behalf of the City of Tustin,
subject to the City Attorney's final approval, as recommended
by the Director of Public Works/City Engineer. 45; 85-56
6. FEDERAL AID SAFETY PROJECTS AT VARIOUS LOCATIONS
Authorized the Mayor and City Clerk to execute Program Supple-
ment No. 6 to Local Agency {Tustin}/State Agreement No. 07-5271
(Department of Transportation} as recommended by the Director
of Public Works/City Engineer. 45; 85-57
8. RESOLUTION NO, 85-127 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OFTUSTIN APPROViNG PLANS AND SPECIFiCATIONS FOR BUILDING
MODIFICATIONS FOR THE COMMUNICATIONS CENTER UPGRADE IN THE POLICE
DEPARTMENT FACILITY AND DIRECTING THE CITY CLERK TO ADVERTISE FOR
BIDS
Adopted Resolution No. 85-127 as recommended by the Chief of
Police. 82
9. SIGN CODE EXCEPTION - BURNETT-EHLINE PHASE 1 PROJECT, 18302 IRVINE
BOULEVARD
Adopted a Minute Order granting sign code exception authorizing
a 12-square-foot wall sign for Allstate Insurance as recom-
mended by the Community Development Department. 93
Consent Calendar Item No. 7 - Lambert School Lease Renewal - ~ayor Pro
Tem Saltarelli stated staff should be encouraged to request that the
School District renew the lease at a cost of $1.00/year plus
maintenance costs in light of projects the City has accomplished which
benefit the School District.
Mayor Greinke disagreed, stating that the City must work closely with
the School District to solve mutual problems. He felt that~the lease
amount was a fair deal.
It was then moved by Saltarelli, seconded by Hoesterey, to continue the
matter and direct staff to request the Tustin Unified School District
to renew the lease for $1.00/year plus maintenance costs.
Council debate followed.
The substitute motion by Kennedy to obtain verification of the lease
amount and determine the amounts fop which entire school grounds are
rented died for lack of a second.
The Director of Community and Administrative Services respectfully
disagreed with Mayor Pro Tem Saltarelli, and stated she was comfortable
with the lease amount.
Since program brochures have already been printed for the winter
season, Councilwoman Kennedy suggested p~oceeding with the agreement
now and reviewing the matter before next year's classes are scheduled.
The motion failed 2-3, Edgar, Greinke and Kennedy opposed.
CITY COUNCIL MINUTES
Page 7, 12-16-85
It was then moved by Greinke, seconded by Kennedy, to:
1) Approve the following; and
7. LAMBERT SCHOOL LEASE RENEWAL
Renew the lease with the Tustin Unified School District for
the use of Lambert School for a period of one year commenc-
ing February 1, 1986, and ending January 31, 1987, as
recommended by the Recreation Superintendent.
2) To agendize the concerns expressed by Mayor Pro Tem Saltarelli for
a joint meeting with the Tustin Unified School District Board of
Education.
The motion carried 3-2, Hoesterey and Saltarelli opposed. 45; 85-58
VII, ORDINANCES FOR INTRODUCTION .
None.
VIII, ORDINANCES FOR ADOPTION
1. SMOKING REGULATIONS IN PUBLIC PLACES & PLACES OF EMPLOYMENT - ORDI-
NANCE NO, 949
It was moved by Kennedy, seconded by Edgar, that Ordinance No. 949
have second reading by title only. Carried 5-0. Following second
reading by title only of Ordinance No. 949 by the City Clerk, it
was moved by Kennedy, seconded by Edgar, that Ordinance No. g49 be
passed and adopted:
ORDINANCE NO, g49 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN AMENDING ARTICLE 4, CHAPTER I OF THE TUSTIN MUNICIPAL CODE
BY ADDING PART 2, SECTIONS 4120, 4121, 4122, 4123, 4124, 4125,
4126, 4127, 4128, AND 4129, RELATING TO THE REGULATION OF SMOKING
IN PUBLIC PLACES AND PLACES OF EMPLOYMENT
Roll call vote:
AYES: Edgar, Hoesterey, Kennedy, Saltarelli
NOES: Greinke
ABSENT: None 88
2, ADOPTION OF NEW MODEL AMBULANCE ORDINANCE - ORDINANCE NO. 955
Mayor Greinke declared a conflict of interest on the matter. Mayor
Pro Tem Saltarelli assumed the Chair.
It was moved by Hoesterey, seconded by Edgar, that Ordinance No.
955 have second reading by title only. Motion carried 5-0.
Following second reading by title only of Ordinance No. 955 by the
City Clerk, it was moved by Hoesterey, seconded by Edgar, that
Ordinance No. 955 be passed and adopted as follows:
ORDINANCE NO, 955 - AN ORDINANCE OF THE CITY COUNCILOF THE CITY OF
TUSTIN, CALIFORNIA, REPEALING PART 2, SECTIONS 3421 THROUGH 3429.6,
CHAPTER 4, ARTICLE 3 OF THE TUSTIN MUNICIPAL CODE AND ESTABLISHING
NEW REQUIREMENTS FOR THE OPERATION OF AMBULANCES IN THE INCORPOR-
ATED AREAS OF THE COUNTY OF ORANGE
Roll call vote:
AYES: Edgar, Hoesterey, Kennedy, Saltarelli
NOES: None
ABSENT: None
ABSTAINED: Greinke 22
Mayor Greinke resumed the Chair.
IX, · OLD BUSINESS
None.
CITY COUNCIL MINUTES
Page 8, 12-16-85
X. NEW BUSINESS
1.INSTALLATION OF NO PARKING SIGNS FOR STREET SWEEPING ON THE WEST
SIDE OF YORBA STREET BETWEEN BONNER DRIVE AND LAURIE LANE
As recommended in the inter-com dated December 3, 1985, prepared by
the Engineering Division, it was moved by Kennedy, seconded by
Edgar, to authorize the installation of "No Parking Signs" for
street sweeping purposes on the west side of Yorba Street between
Bonner Drive and Laurie Lane.
Mayor Pro Tem Saltarelli expressed opposition to the motion on the
basis of the small number of residences involved.
The Administrative Assistant clarified that the area abuts County
territory, on the westerly side of the street, and only affects
three property owners. It was noted that parking would not be
restricted northerly to 17th Street.
The motion carried 5-0. 75
2. FOOTHILL/EASTERN TRANSPORTATION CORRIDOR JOINT POWERS AGENCY
Following consideration of the inter-com dated December 4, 1985,
prepared by the Director of Public Works, Mayor Greinke requested
that he be authorized to appoint a member and alternate within the
next two weeks to represent the City on the Agency Board of Direc-
tors. Council concurred.
The Director of Public Works added that since writing of the staff
report, the initial ~ee{ing of the Foothill/EasternTra.nsportation
Corridor Joint Powers Authority has been changed from Thursday,
January 23 to January 30, one week later.
In response to Mayor Pro Tem Saltarelli, the City Attorney and City
Manager stated that because Ordinance No. 948was to become effec-
tive in conjunction with implementation of the Joint Powers Autho-
rity, a problem may exist and the process may have to be repeated.
It was then moved by Edgar, seconded by Kennedy, to authorize the
within t e
Mayor to appoint a member and alternate h next two weeks
to represent the City on the Agency Board of Directors. The motion
carried 5-0. 100
3. AMBULANCE SERVICE CONTRACTS - DOCTOR'S AMBULANCE & MORGAN AMBU-
LANCE
Mayor Greinke declared a conflict of interest on the matter. Mayor
Pro Tem Saltarelli assumed the Chair.
As recommended in the inter-com dated December 16, 1985, prepared
by the Community Development Department, it was moved by Hoesterey.,
seconded by Edgar, to:
1)Adopt a Minute Order that Doctor's Ambulance be awarded a con-
tract to provide primary ambulance service;
2)Adopt a Minute Order that Morgan Ambulance be :awarded a con-
tract to provide secondary ambulance service; and
3) Authorize the Mayor to execute both contracts on behalf of the
City of Tustin, as recommended by the Community Development
Department.
The City Attorney noted that the agreements contain a provision
pertaining to bonding, which staff will probably delete with Coun-
cil's concurrence. Council concurred.
The Chief of Police responded to Council concerns regarding the
method of response by ambulance services. He also providedinforma-
tion on the selection procedure utilized by the County.
The motion carried 4-0, Greinke abstained. 45; 85-59
85-60
Mayor Greinke resumed the Chair.
CITY COUNCIL MINUTES
Page 9, 12-16-85
4. AWARD OF CONTRACT - ASSESSMENT DISTRICT 85-1 (PHASE II) IMPROVE-
MENTS - BRYAN AVENUE & BROWNING AVENUE
Bids for subject project were received as follows:
Fleming Engineering, Inc., Buena Park $562,535.75
Sully-Miller Contracting Co., Orange $564,045.50
Silveri Construction Co., Santa Ana $593,369.00
Griffith Company, Santa Ana $599,315.12
J.E.G. Construction Co., Inc., Pomona $623,594.80
R. J. Noble Co., Orange $628,176.45
As recommended in the inter-com dated December 11, 1985, prepared
by the Engineering Division, it was moved by Kennedy, seconded by
Edgar, to award the contract for subject project to Fleming Engi-
neering, Inc., Buena Park, in the amount Qf $562,535.75. The
motion carried 5-0. 25
5. S.B. 821 BICYCLE/PEDESTRIAN FACILITIES PROJECT APPLICATION
(1985-86)
Pursuant to the recommendation contained in the inter-com dated
December 5, 1985, prepared by the Director of Public Works, it was
moved by Saltarelli, seconded by Edgar, to:
1) Adopt a Minute Order approving the application of S.B. 821
funds to construct sidewalk along the northerly side of Service
and School Roads between Red Hill Avenue and Sycamore Avenue;
and
2) Request the Orange County Transportation Commission to transfer
funds allocated to the Nisson Road and McFadden Avenue projects
to the Service and School Roads project.
After a brief question-and-answer period, the motion carried 5-0.
86
6. AUTHORIZATION TO PURCHASE TRACTOR-MOUNTED ROTARY MOWER
Mayor Greinke declared a conflict of interest on the matter. Mayor
Pro Tem Saltarelli assumed the Chair.
Bids for subject item were received as follows:
Avery Rentals, Inc., Capistrano Beach $7,655.85
Jenkins Machinery, Inc., Long Beach $8,204.40
B. Hayman Company, Santa Fe Springs $9,394.78
West Point Industries, Long Beach No Bid
It was moved by Edgar, seconded by Kennedy, to authorize the pur-
chase of one tractor-mounted rotary mower from Avery Rentals, Inc.,
Capistrano Beach, in the amount of $7,655.85 as recommended by the
Engineering Division in the inter-com dated December 9, 1985. Car-
ried 4-0, Greinke abstained. 87
Mayor Greinke resumed the Chair.
XI. REPORTS
1. PLANNING COMMISSION ACTIONS - DECEMBER 9, 1985
It was moved by Kennedy, seconded by Edgar, to ratify the entire
Planning Commission Action Agenda of December 9, 1985. Motion
carried 5-0. 80
2. PACIFIC BELL DEVELOPMENT - TRAFFIC SYSTEM MANAGEMENT PLAN
It was moved by Saltarelli, seconded by Hoesterey, to receive and
file subject report dated December 4, 1985, prepared by the Direc-
tor of Public Works. Carried 5-0. 100
CITY COUNCIL MINUTES
Page 10, 12-16-85
3. HOUSING COMMUNITY DEVELOPMENT ACT - PROJECT RECAP
Councilman Edgar was comfortable with the information contained in
subject report. It was then moved by Hoestere~, seconded by Edgar,
to receive and file the inter-com dated December 4, 1985, prepared
by the Director of Public Works. Carried 5-0. 81
4. INVESTMENT SCHEDULE AS OF NOVEMBER 30, 1985
It was moved by Hoesterey, seconded by Edgar, to receive and file
subject report dated December 11, 1985, prepared by the Finance
Di rector. The motion carried 5-0. 50
5. STATUS REPORT CONCERNING MAIN STREET ZONING STUDY
Mayor Greinke commented that many of his neighbors within the study
area are upset about discussions on changing the integrity of
their neighborhood from residential to commercial. As a means of
preserving the historic nature of the area, Mayor Greinke suggested
it be declared a historical monument and requested tha~ .staff look
into that aspect.
It was then moved by Greinke, seconded by Saltarelli, to receive
and file the inter-com dated December 16, 1985, prepared by the
Community Development Department. Motion carried 5-0. 81
XII. OTHER BUSINESS
1. REQUEST FOR CLOSED SESSION
Mayor Greinke requested a Closed Session for discussion of legal
matters.
2. PIONEER VI SATELLITE - 20 YEARS IN ORBIT
Councilman Edgar noted that it was 20 years ago today (December 16,
1965} that Pioneer VI was placed into orbit around the sun,~and it
has been operational since then. As an employee of TRW Space Sys-
tems, he was the parts manager on the Pioneer VI project. Mayor
Greinke congratulated Councilman Edgar.
3. FISCAL YEAR-END STATEMENT
The Finance Director responded to Councilman Edgar that the fiscal
year-end statement will be completed very soon.
4, OFFICIAL ADJOURNMENT - LEE WAGNER
Council concurred with Councilman Edgar to adjourn the meeting in
memory of Lee Wagner, an individual who served Tustin for many
years in many ways, who passed away on December 13, 1985. 84
5. NEIGHBORHOOD CONCERNS GEORGETOWN MANOR APARTMENT EXPANSION AT
13181-13195 GWYNETH DRIVE
Councilwoman Kennedy reported that she has received calls from
residents on Gwyneth Drive regarding the Georgetown Manor apartment
expansion. They are unhappy and feel that it is severely impacting
the R-1 residential area. They have requested that"tt~ff andi~'
Council support a cleanup program as constructions. pro~ceeds.
Finally, the fence has been measured on the residential side at
5'7" instead of the 6'9" requested by the Council which she felt
should also be investigated.
The Community Development Director stated that staff has received
numerous complaints and is aware of problems with subject project.
The contractor has been very uncooperative to date. The Director
noted that a "Stop Work" order would be issued on the 'block wall
until it is determined that it is 6'9" on the residential: side.
Also, the real problem is that during construction of the~ apartment
complex parking lot, tenants are parking on residential streets,
the dirt is accumulating on cars, the street sweepers can't get
CITY COUNCIL MINUTES
Page 11, 12-16-85
their job done, and the residents are very upset. Staff has virtu-
ally threatened the contractor with a lawsuit to no avail. The
Director advised Council to direct any other concerns on the matter
to him. If the contractor remains uncooperative, staff will refer
the matter to the City Attorney's office for citation. Council-
woman Kennedy noted that residents were very complimentary of
staff's handling of the matter. 81
6. HELICOPTERS FLYING OVER DOWNTOWN TUSTIN
,~ i Councilwoman Kennedy reported that merchants are upset that the
helicopter from Western Medical Center hospital is flying over the
downtown area, and it is causing a lot of problems. The Community
Development Director was requested to look into the matter.
7. NOMINATION FOR APPOINTMENT TO LAFCO
In response to Mayor Greinke, Mayor Pro Tam Saltarelli requested
that Council make a selection for appointment to the Local Agency
Formation Commission (LAFCO). He offered to make a recommendation
after all applications have been submitted. A decision on subject
appointment will be made at the January 9 League of Cities meeting.
24
8. ORANGE COUNTY SANITATION DISTRICT NO. 14
It was moved by Hoesterey, seconded by Greink~, to appoint Council-
man Edg'~r to the Orange County Sanitation District No. 14. The
motion carried 5-0. 72
9. ANNOUNCEMENT FOR CLOSED SESSION
Mayor Greinke announced that the City Council will recess to Closed
Session pursuant to Government Code Section 54956.9 to confer with
the City Attorney regarding pending litigation which has been
initiated formally and to which the City is a party. The title of
said litigation is Rott vs. Tustin, at. al.
XIII. RECESS - REDEVELOPMENT; CLOSED SESSION - RECONVENED
At 9:48 p.m. it was moved by Edgar, seconded by Greink~, to recess to
the Redevelopment Agency, and thence to a Closed Session for discussion
of legal matters as noted above. Carried 5-0.
The meeting was reconvened at 10:30 p.m. with all members present.
XIV. ARTERIAL HIGHWAY FINANCING PROGRAM (ANFP) FUNDS FOR WIDENING OF RED
HILL AVENUE ANO WALNUT AVENUE - RESOLUTION NO. 85-128
As recommended in the inter-com dated December 3, 1985, prepared by the
Director of Public Works, it was moved by Hoesterey, seconded by
Greinke, to adopt the following:
RESOLUTION NO. 85-128- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN
THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF THE NORTH-
EASTERLY CORNER OF RED HILL AVENUE AND WALNUT AVENUE
The motion carried 5-0.
~'- 95
XV. OFFICIAL ADJOURNMENT IN MEMORY OF LEE WAGNER
At 10:32 p.m. it was moved by Edgar, seconded by Hoesterey, to adjourn
in memory of Lee Wagner, former Tustin area Woman of the Year, to the
next regular meeting on January 6, 1986, at 7:00 p.m. Carried 5-0.
84
·
MAY
~CLERK ~