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 ~