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HomeMy WebLinkAboutCC MINUTES 1985 10 21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA OCTOBER 21, 1985 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Greinke at 7:01 p.m. in the City Council Chambers, 300 Centennial Way. Councilman Edgar led the Pledge of Allegiance. The Invocation was given by Councilman "' Hoesterey. 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. Theyet, Chief of Police Approximately 70 in the audience Ill. PROCLAMATION 1. ALZHEIMER'S DISEASE PUBLIC AWARENESS MONTH - NOVEMBER, 1985 Mayor Greinke presented a proclamation designating November, 1985, ,_ as "Alzheimer's Disease Public Awareness Month" to Karen Thomsen. : Ms. Thomsen thanked the Council. 84 IV. SPECIAL PRESENTATION 1. PEDESTRIAN SAFETY CITATION - AWARDED BY AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA TO THE CITY OF TUSTIN Gene Shaw, District Manager, Automobile Club of Southern Calif- ornia, presented the Pedestrian Safety Citation award for the ninth consecutive year to the City of Tustin for no pedestrian fatali- ties. Mr. Shaw commended the Chief of Police, the Police Depart- ment, the Director of Public Works, the City Council, the School District, the pedestrian crossing guards, and the drivers in Tustin. 84 2. PROCLAMATION REQUEST - TUSTIN TILLER DAYS STREET FAIRE & PARADE It was moved by Hoestere~, seconded by Edgar, to direct staff to prepare appropriate proclamations for presentation to the Tustin Jaycees and the Tiller Days Committee for the best-ever three-day event held October 11-13, 1985. Carried 5-0. 84 V. PUBLIC INPUT ~ None. VI. PUBLIC HEARINGS 1. ZONE CHANGE 85-7 - ORDINANCE NO. 951 The staff report and recommendation were presented by the Community Development Director as contained in his inter-com dated October 21, 1985, The public hearing was opened by Mayor Greinke at 7:11 p.m. There were no speakers on the matter, and the public hearing was closed. CITY COUNCIL MINUTES Page 2, 10-21-85 After a brief question-and-answer period, it was moved bJ/Salta- relli, seconded b~, Edgar, that Ordinance No. 951 have first reading by title only. Motion carried 5-0. Christine Galahis, Tustin resident, was informed that the Meredith Office Building was aproved by the City many years ago. It is permissible by use permit to construct an office building in the R-3 zone. The parcel will now be rezoned from R-3 {which would permit multiple-family residential} to Commercial General {which would allow office or commercial retail). Subject building has never been a residence. Following first reading by title only of Ordinance No. 951 by the City Clerk, it was moved by Kennedy, seconded by Edgar, that Ordi- nance No. 951 be introduced as follows: ORDINANCE NO. 951 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REZONING 305, 315, 325 MAIN STREET FROM R-3 (MULTIPLE FAMILY) DISTRICT TO COMMERCIAL GENERAL (CG) DISTRICT, AS SHOWN IN EXHIBIT "A". The motion carried 5-0. 110 2. ZONE CHANGE 85-10 - ORDINANCE riO. 950 The Community Development Director presented the staff report and recommendation as contained in the inter-com dated October 21, 1985, prepared by the Community Development Department. Mayor Greinke opened the public hearing at 7:16 p.m. Jack Miller, no address given, was informed that under the P&I dis- trict, a parsonage or any other form of residential use would be allowed if it is in conjunction with the existing church. There were no other speakers. The public hearing was closed at 7:20 p.m. It was then moved b~/Hoesterey, seconded bJ/KennedJ/, that Ordinance No. 950 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 950 by the City Clerk, it was moved by Edgar, seconded by Saltarelli, that Ordinance No. 950 be introduced as follows: ORDINANCE NO. 950 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REZONING 12931 AND 1201 IRVINE BOULEVARD FROM SINGLE FAMILY RESIDENTIAL DISTRICT (R-l) TO PUBLIC AND INSTITUTIONAL DISTRICT (P&I), AS SHOWN IN EXHIBIT "A". The motion carried 5-0. 110 3.APPEAL OF VARIANCE 85-5 - 205 EL CAMINO REAL The staff report and recommendation were presented by the Community Development Di rector as contai ned i n the i nter-com dated October 21, 1985, prepared by the Community Development Department. Mayor Pro Tom Saltarelli referenced Ordinance No. 510 which was designed specifically for parking variances on E1 Camino Real. He wondered if calculation of the required parking for Ruby's Care was done in consideration of that ordinance. The Community Development Director stated that staff was not aware of subject ordinance. He suggested continuing the matter to November 4 for staff research and review of the matter. The Director responded to Council ques- tions regarding the Conditions of Approval. The public hearing was opened by Mayor Greinke at 7:28 p.m. Walter Flaherty, Tustin resident, felt the project would be an asset to the downtown area, but complained that on-street parking is a problem. He suggested that the City implement one-hour park- ing on E1 Camino Real and Second Street to resolve same. CITY COUNCIL MINUTES Page 3, 10-21-85 Douglas Prescott, 330 West Main Street, spoke in favor of the proj- ect. He voiced concerns with Conditions of Approval 9, 10, 12 and 13 as follows: Item No. 9 - he felt the five-foot sidewalk dedication would inter- fere with the handicap access presently planned for the restaurant and requested it be deleted. Item No. 10 - he felt is inadequate since there will be no perma- nent structures over the easement and requested it be deleted. Items No. 12 and 13 - Mr. Prescott stated that a precedence was set when the Rutabegorz Restaurant at 158 West Main Street was expanded. He requested that Council Godfather the parking require- ments to the capacity of original seating, which was 65. Mr. Prescott closed by speaking in favor of the renovation of Ruby's Care. He requested Council delete Items No. 9, 10, 12 and 13 from the Conditions of Approval. In response to Mayor Pro Tem Saltarelli, Mr. Prescott stated that a two-week continuance would be acceptable for additional staff review. Mr. Prescott responded to Council questions. There were no other speakers and the public hearing was closed at 7:39 p.m. It was then moved by Saltarelli, seconded by Edgar, to continue the Appeal of Variance 85-5 to November 4, 1985. The motion carried 5:0' 106 At Councilwoman Kennedy's request, the Community Development Direc- tor provided a status report on the ongoing enforcement of the ,=. zoning code which prohibits on-site parking of trucks/trailers for more than 48 hours for loading/unloading purposes, which occurs at Tustin Meats. 4. SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT - ORDINANCE NO. 949 The Director of Community and Administrative Services provided the staff report as contained in her inter-com dated October 14, 1985. The Director of Community and Administrative Services and the City Attorney responded to Council questions. Mayor Greinke opened the public hearing at 7:49 p.m. The following persons spoke in opposition to, or in favor of, Ordi- nance No. 949: Jettold Cohen, 420 E1Camino Real, in favor Bill Moses, 649 South "B" Street, opposed Ginny Flaherty, 190 E1Camino Real, opposed Richard Brooks, 13554 Newport Avenue, opposed Jack Miller, 17352 Parker Drive, in favor Michael Kearney, 183 E1Camino Real, opposed Sherri Miller, 131 Hall Circle, in favor Sharon Vecchio, 601 E1Camino Real, opposed Tova Griffin, 14961 Holt Avenue, opposed Mark LaVertu, 14890 Newport Avenue, in favor George Banks, 17902 Lucero Way, in favor Frank Greinke, Jr., 1011 E1Camino Real, opposed The Director of Community and Administrative Services, responded to Mayor Greinke that cities with a "smoking" ordinance have indicated that enforcement costs are none to minimal. Irwin Gross, 125 North "B" Street, in favor Walt Bilofsky, 14478 Glorietta Drive, Sherman Oaks, in favor Tony Coco, 13751 Red Hill Avenue, opposed Barbara Larson, 1091 Irvine Boulevard, Tustin Lanes, opposed CITY COUNCIL MINUTES Page 4, 10-21-85 The City Attorney stated that an employer/proprietor is not required to make structural or physical modifications, but is required to prove "good faith" efforts to accommodate the smoking/ non-smoking situation. Tustin Lanes is the type of business that would pose special problems that would have to be considered. Councilwoman Kennedy noted that Section 4126(c) would apply to Tustin Lanes. Mr. Polowski, no address given, stated that Tustin Lanes should have no problem complying with Ordinance No. 949. Council con- curred that Tustin Lanes would fall into a category for special consideration. Jeff McElderry, 10351 Mira Vista Drive, Santa Ana, opposed Merrill MatcheLL, 1634 Jeffrey Drive, #7, Anaheim, in favor W. James Nethery, 999 Tustin Avenue, Santa Ana, in favor Ann Shattuck, 9572 Blake, Garden Grove, in favor There were no other speakers on the matter, and the public hearing was closed at 8:58 p.m. Mayor Pro Tem Saltarelli spoke as a smoker in favor of Ordinance No. 949. Councilman Edgar spoke in favor of Ordinance No. 949. Mayor Greinke spoke in opposition to Ordinance No. 949. He noted that in the State General Elections of 1978 and 1980, the majority of the Tustin electorate voted against ballot measures to regulate smoking. Councilmembers Hoesterey and Kennedy spoke in favor of Ordinance No. 949. It was then moved by Saltarelli, seconded by Edgar, that Ordinance No. 949 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No, 949 by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 949 be introduced as follows: ORDINANCE NO, 949 - 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 The motion carried 4-1, Greinke opposed. 88 RECESS; RECONVENED Mayor Greinke called for a recess at 9:21 p.m. The meeting was recon- vened at 9:35 p.m. with all members present. VII. CONSENT CALENDAR Items 7 and 8 were removed from the Consent Calendar by Greinke. It was moved by Hoesterey, seconded by Edgar, to approve the remainder of d 0 the Consent Calendar. Motion carrle 5- ~ 1. APPROVAL OF MINUTES - OCTOBER 10, 1985, ADJOURNED REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $969,569.49 RATIFICATION OF PAYROLL IN THE AMOUNT OF $126,657.42 50 3.REJECTION OF CLAIM OF ESTER CRUZ GONZALES; DATE OF LOSS: 5/8/85; DATE FILED WITH CITY: 8/20/85; CLAIM NO. 85-39 Rejected subject claim as recommended by the City Attorney. 40 4. REJECTION OF CLAIM OF GABRIEL & SANDRA SANTANA; DATE OF LOSS: 4/28/85; DATE FILED WITH CITY: 8/2/85; CLAIM NO. 85-36 Rejected subject claim as recommended by the City Attorney. 40 CITY COUNCIL MINUTES Page 5, 10-21-85 5. GRANT OF EASEMENT - COLUMBUS TUSTIN PARKSITE Approved the Grant of Easement at Columbus Tustin Parksite to Southern California Edison Company to provide the required electrical service to public facilities; and authorized the Mayor to execute the required Grant of Easement Deed as recom- mended by the Director of Public Works/City Engineer. 49 6. COLUMBUS TUSTIN SOFTBALL/MULTI-PLAY AREA LIGHTING PROJECT Authorized an agreement for professional services with Musco Lighting, Inc., in an amount not to exceed $5,200 for complete design documents and specifications for two baseball fields with multi-purpose field overlays based on performance criteria ready for review; and opened public competitive construction bidding procedures as recommended by the Director of Community and Administrative Services. 45; 85-46 9. RESOLUTION NO. 85-104- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APROVING FINAL PARCEL MAP 85-212 LOCATED AT NORTH- WESTERLY CORNER OF RED HILL AVENUE AT BELL AVENUE Adopted Resolution No. 85-104 as recommended by the Community Development Department. 99 10. RESOLUTION NO. 85-105- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, DESIGNATING A CITY CONSULTANT AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS Adopted Resolution No. 85-105; and authorized the Mayor to exe- cute the agreement with Municipal Resource Consultants for sales tax services as recommended by the Finance Director. 45; 85-47 11. RESOLUTION NO, 85-I07- A RESOLUTTON OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE BAIL SCHEDULE FOR TUSTIN CITY CODE VIOLATIONS Adopted Resolution No. 85-107 as recommended by the City Attor- ney. 82 Consent Calendar Item Nos. 7 and 8 - Tustin Public Information, Inc. - Following a brief question-and-answer period, it was moved by Greinke, seconded by Kennedy, to approve the following: 7. REMOVAL FROM BOARD OF DIRECTORS - TUSTIN PUBLIC INFORMATION, INC. Removed Gay Lona Hamblin and Jeffrey Kolin from the Board of Directors, Tustin Public Information, Inc., as recommended by the Director of Community and Administrative Services. 8. APPOINTMENT TO BOARD OF DIRECTORS, TUSTIN PUBLIC INFORMATION, INC. Appointed Susan M. Jones and Larry Schutz to the Board of Directors, Tustin Public Information, Inc., as recommended by the Director of Community and Administrative Services. The motion carried 5-0. 41 VIII. ORDINANCES FOR INTRODUCTION None. IX. ORDINANCES FOR ADOPTION None. X. OLD BUSINESS ; 1.AMENDMENT TO CONDITION NO. 19 - PARCEL MAP 84-1032, TUSTIN AUTO CENTER The staff report and recommendation were presented by the Community Development Director as contained in the inter-com dated October 21, 1985, and the report to the Planning Commission dated October 14, 1985, prepared by the Community Development Department. CITY COUNCIL MINUTES Page 6, 10-21-85 It was moved by Saltarelli, seconded by Edgar, to adopt the follow- ing: RESOLUTION NO. 85-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING AN AMENDMENT TO CONDITION NO. 19 OF PARCEL MAP 84-1032 TO A COMPLETION DATE OF MAY 15, 1986, FROM OCTOBER 15, 1985, SUBJECT TO ADDITIONS TO CONDITION NO. 19 The Director of Public Works provided an oral walk-through of the flood control plan for interim and ultimate channel facilities in Tentative Parcel Map 84-1032. He stated that improvements being made with respect to the Auto Center and Phase I residential will not cause any greater flooding that what has previously existed. There is increased capacity in the E1 Modena/Irvine channel as indicated by the Community Development Director. The two interim earth ditches will handle existing and increased capacity water flows in the channel as required by the EIR. Ultimate facilities will begin construction within the year and will handle the ulti- mate lO0-year storm. Interim facilities will not and were never intended to do so. The Public Works Director identified sections of the channel that are owned and maintained by the Orange County Flood Control Dis- trict, and those that are owned and maintained by the City. The Mayor stated that communication could be improved with area residents to respond to their concerns and provide information on the project. He suggested a community meeting on the matter. Jim Niemic, 1841 Stonehenge Drive, presented photos of the~channel that runs behind his home during the 1983 flood. He stated that although he is in favor of the project, he is opposed to how it will affect him and adjacent property owners. He added that unless The Irvine Company follows through with its promise to existing property owners to improve the channel, they should not be all owed to develop further. They should insure the protection of potential buyers from any flooding and erosion prior to beginning construc- tion of the project. Mr. Niemic offered his time and expertise, and he requested a meeting with staff to resolve the matter. Jim McDonald, representing Robert Bein, William Frost & Associates, explained that the railroad track embankment provides protection from flooding. He stated that the Auto Center site was elevated six feet to protect the site from flooding, and it will make condi- tions in the adjacent area no worse than they are now. Mr. McDonald stated that water movement will occur eastward, it will not climb back up into development as has been suggested. The additional capacity flow path is an element of Tentative Tract 12345 and is called the Browning swale. When constructed, it will create an alternate, enhanced flow path to help mitigate flooding concerns. Councilmembers spoke in favor of the project and expressed concerns with San Bernardino County channels and the E1 Modena Channel upstream which must be modified to correct flooding problems in Tustin. Councilwoman Kennedy voiced opposition because potential additional flooding in the area has not been adequately addressed. The motion carried 4-1, Kennedy opposed. 81 2. MAJOR THOROUGHFARE & BRIDGE FEE PROGRAM FOR THE FOOTHILL/EASTERN TRANSPORTATION CORRIDORS - RESOLUTION NO. 85-102; ORDINANCE NO, 948; RESOLUTION NO, 85-103 (Continued from October 10, 1985) Mayor Greinke reopened the public hearing at 10:28 p~m. The Director of Public Works deferred to Mayor Pro Tem Saltarelli for a report on the meeting with Joint Powers Authority (JPA) mem- bers held on October 18 to discuss the possibility of amending same. CITY COUNCIL MINUTES Page 7, 10-21-85 Mayor Pro Tem Saltarelli reported that at the October 18 meeting he voiced Tustin's concern that it be exempted from the fee program and was told there would be some exemptions. Costa Mesa has not yet joined the JPA, which is now officially formed. The City of Santa Ana is taking a "wait and see" stand. Mayor Greinke provided additional information on subject meeting. Bill Moses, The Tustin News Editor, spoke in opposition to the Major Thoroughfare & Bridge Fee Program (MT & BPF) and the JPA. The City Manager noted that additions or modifications to existing residential units are not subject to the fee program. Mr. Moses responded to questions from Councilwoman Kennedy. Tova Griffin, 14391 Mimosa Lane, President of the Tustin Chamber of Commerce, stated that the Board of Directors and Legislative Com- mittee voted unanimously to urge the City to join together with the other cities participating in the JPA. Jayne Hayes, 1329 Nixon Circle, spoke in support of joining the JPA as both a Tustin resident and member of the Tustin Chamber of Com- merce. Hugh Fitzpatrick, The Irvine Company Senior Director for Transpor- tation Issues, spoke in favor of the MT & BFP and recommended that the City join the JPA. Bill Vardolis, former member of the Irvine City Council for eight years, former member of the Orange County Transportation Commis- sion for four years, engineer and consultant with Larry Seeman Associates on the Bottleneck Study, co-Chairman of the Building Industry Association (BIA) Transportation Committee, and member of the Irvine Chamber of Commerce Board of Directors, stated he has been working on the Corridor Fee Program since 1977. He answered Council questions on the program and on recent court decisions regarding the City of Irvine's participation in the JPA. Matt Nisson, 14462 Red Hill Avenue, spoke in opposition to Tustin joining the JPA. There were no other speakers on the matter, and the public hearing was closed at 10:58 p.m. Councilman Hoesterey reiterated Council's policy that new develop- ment will help pay for itself through assessment districts or through mechanisms such as the MT & BFP. From that standpoint, he was supportive of joining the JPA. However, he did not feel Tustin should back-off from fighting for individual City Councils' right to exempt certain projects from the fee, either through the Rede- velopment Agency or in instances where an expansion may affect local traffic only and not impact the corridors. Councilwoman Kennedy expressed resentment over traffic conditions on Redhill Avenue because of its use by motorists to bypass the 55 Freeway. She voiced support of joining the JPA. She encouraged the City to pursue Sacramento for its fair share of gas tax funds for freeway improvements. Mayor Pro Tem Saltarelli noted that Tustin has al ways kept its agreements and promises relative to transportation and zoning, while neighboring cities have not. He was resentful over Costa Mesa's reluctance to join. He stated that the vast majority of Tustin residents would like to see traffic funneled around the City rather than through it. He stated that the program has a lot of inflexibility built into it. He suggested making Tustin's partici- pation contingent upon Santa Ana and Costa Mesa joining. Councilman Edgar recognized that the only way to relieve traffic is to divert it to another high capacity road, which is the Eastern Corridor. He stated that joining the JPA will afford Tustin a desirable opportunity to participate and influence the freeway's CITY COUNCIL MINUTES Page 8, 10-21-85 path through the city, which will not occur if it does not partici- pate. Tustin has voiced serious concerns regarding the Eastern Corridor's location, that it be separate from Myford Road, and that it extend south of the I-5 Freeway. Councilman Edgar voiced sup- port of joining the JPA. Mayor Greinke spoke in support of joining the JPA to afford Tustin the opportunity to be actively involved in the location of the freeways. He also expressed displeasure with the State~s failure to allocate gas tax funds equitably. He stated that Tustin needs to be more aggressive and fight for a seat on the JPA's Board of Directors. He requested Council develop a program where the Rede- velopment Agency would support small-scale projects which would otherwise not be economically viable because of additional fees. Upon the City Manager's recommendation, the motion by Greinke, sec- onded by Hoesterey, to approve the Joint Exercise of Powers Agree- ment was withdrawn. It was then moved by Edgar, seconded by Hoesterey, to adopt the following: RESOLUTION NO, 85-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR THE PROPOSED AREA OF BENEFIT AND MAJOR THOROUGHFARE AND BRIDGE FEE PRO- GRAM The motion carried 5-0. 100 It was moved by Edgar, seconded by Hoesterey, that Ordinance No. 948 have second reading by title only. The motion was amended'by Saltarelli, seconded by Greinke, that Tustin's participation in the Joint Exercise of Powers Agreement be contingent upon the City of Santa Ana joining the JPA. The amend- ment to the motion died 2-3, Edgar, Greinke and Kennedy opposed. The original motion that Ordinance No. 948 have second reading by title only ~arried 5-0. Following second reading by title only of Ordinance No. 948 by the City Clerk, it was moved by Edgar, sec- onded by Greinke, that Ordinance No. 948 be passed and adopted: ORDINANCE NO, 948 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADDING SECTION 2800 TO THE CITY CODE ADOPTING A MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM Roll call vote: AYES: Edgar, Greinke, Hoesterey, Kennedy NOES: Saltarelli ABSENT: None 100 At Mayor Pro Tem Saltarelli's request and with the City Attorney's concurrence, a motion for an emergency amendment was made b Edgar, seconded by Saltarelli, that Section 2 of Ordinance No. 9~8 read, "This ordinance shall be in full force and effect sixty (60) days from and after its adoption." Carried 5-0. 100 It was moved by Edgar, secondedby Hoesterey, to adopt the follow- ing: RESOLUTION NO. 85-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ESTABLISHING THE AREA OF BENEFIT AND THE MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR THE FOOTHILL/EASTERN TRANS- PORTATION CORRIDORS Carried 4-1, Saltarelli opposed. 100 It was then moved by Edgar, seconded by Hoesterey, to approve the Joint Exercise of Powers Agreement creating the Foothill/Eastern Transportation Corridor Agency; and authorize the Mayor to execute said agreement on behalf of the City of Tustin. Motion carried 5-0. 100 CITY COUNCIL MINUTES Page 9, 10-21-85 3. COMMERCIAL OFFICE PARKING STANDARDS As recommended in the inter-com dated October 21, 1985, prepared by the Community Development Department, it was moved by Hoesterey, seconded by Edgar, to direct staff to advertise for a zone amend- ment to the parking standards for professional offices as requested by the Planning Commission. Carried 5-0. 81 XI, NEW BUSINESS 1. BID AWARD - ANNUAL TREE STRUMP REMOVAL & GRINDING PROGRAM Edney Tree Service, Tustin, was the sole bidder on subject project. It was moved by Edgar, seconded by Greinke, to award the contract for subject project to Edney Tree Service, Tustin, in the amount of $7,175 as recommended by the Engineering Division in the inter-com dated October 15, 1985. Mayor Greinke expressed concern that only one bid was received. He suggested that staff review bidding procedures to attract more bidders. The Director of Public Works explained the procedures currently followed. The motion carried 5-0. 86.1 2. BID AWARD - CIVIC CENTER COMPLEX LANDSCAPE MAINTENANCE Porshia Alexander of America, Inc., Covina, was the sole bidder on subject project. It was moved by Greinke, seconded by Hoesterey, to award the con- tract for subject project to Porshia Alexander of America, Inc., ,.. Covina, for an annual cost of $26,637.40 as recommended by the Engineering Division in the inter-com dated October 15, 1985. Car- ! ried 5-0. 39 3. BID AWARD - FY 1985-86 SLURRY SEAL PROGRAM Bids were received on October 10, 1985, as follows: Doug Martin Contracting Co., Inc., La Habra $135,818.75 Roy Allan Slurry Seal, Inc., Laguna Niguel $160,526.16 , Pavement Coatings Co., Anaheim $165,925.91 Valley Slurry Seal Co., Sacramento $191,845.00 As recommended by the Engineering Division in the inter-com dated October 15, 1985, it was moved by Greinke, seconded by Hoesterey, to award the contract for subject project to Doug Martin Contract- ing Company, Inc., La Habra, in the amount of $135,818.75. The motion carried 5-0. 95 4. CONSULTANT SERVICES - MYFORD ROAD DESIGN ENGINEERING The Mayor consulted with the City Attorney regarding a conflict of interest. Mayor Greinke declared a conflict of interest on the matter. Mayor Pro Tem Saltarelli resumed the Chair. The Director of Public Works explained that a total of nine consul- tants submitted proposals. Two firms of the initial nine had a fee lower than J. P. Kapp and Associates. Of the four finalists, J. ~ P. Kapp had the lowest fee. The evaluation team consisted of two Tustin staff members, and one Irvine staff member. Each proposal was analyzed and evaluated in five areas. It was felt that Church Engineering was most responsible and experienced in all five areas. The four finalists submitted proposals with the following fees: J. P. Kapp and Associates, Tustin $186,129.00 Church Engineering, Inc., Newport Beach $217,500.00 C.D.C. Engineering, Inc., Irvine $221,000.00 Willdan Associates, Anaheim $238,260.00 CITY COUNCIL MINUTES Page 10, 10-21-85 It was moved by Kennedy, seconded by Hoesterey, to: 1. Approve the selection of Church Engineering, Inc., to perform engineering design services for the Myford Road extension through MCAS-Tustin in the amount of $217,500; 2.Authorize the Mayor to execute a Professional Services Agree- ment for said work; and 3. Authorize the use of J. P. Kapp and Associates for plan check- ing services on an as-needed basis as recommended by the Direc- tor of Public Works/City Engineer. The motion carried 4-0, Greinke abstained. 45; 85-48 85-49 Mayor Greinke resumed the Chair. 5. BID AWARD - VANDERLIP AVENUE WATER MAIN REPLACEMENT Bids were received on October 11, 1985, as follows: Shacklett Construction Company, Pomona $104,069.45 Brkich Brothers Corp., E1 Monte $114,349.00 Harper Construction Company, Running Springs $136,406.60 Macro Constructors, Inc., Paramount $141,504.50 La Peer Co., Inc., Santa Fe Springs $160,240.00 Monarch Construction, Anaheim $168,971.75 Pursuant to the recommendation contained in the inter-com dated October 15, 1985, prepared by the Engineering Division, it was moved by Saltarelli, seconded by Edga.~, to award the contract for subject project to Shacklett Construction Company, Pomona, in the amount of $104,069.45. Carried 5-0. 107 6. BID AWARD - "B" STREET AND MITCHELL AVENUE HCDA STREET IMPROVE- MENTS Bids were received on October 10, 1985, as follows: Sully-Miller Contracting Co., Orange $135,227.63 Nobest, Inc., Westminster $135,927.43 Ruiz Engineering Co., Long Beach $141,611.67 Val-Foth and Sons, Inc., Chino $143,869.49 Parrott and Wright Const. Co.,Inc., Corona $158,796.07 As recommended in the inter-com dated October 15, 1985, it was moved by Saltarelli, seconded by Edgar, to award the contract for subject project to Sully-Miller Contra~ting Company, Orange, in the amount of $135,227.63. Motion carried 5-0. 95 7. ANNEXATION NO. 135 - LAGUNA/TUSTIN EAST The City Manager presented the staff report and rcommendation as contained in his inter-com dated October 21, 1985. It was then moved by Saltarelli, seconded by Hoesterey, to autho- rize a General Fund supplemental appropriation of $68,000 to fund the cost of City services to the area within Annexation No. 135. The Chief of Police reported on the Police Department's recruitment program. The motion carried 5-0. 24; 50 XII, REPORTS 1. PLANNING COMMISSION ACTIONS - OCTOBER 14, 1985 It was moved by Hoesterey, seconded by Edgar, to ratify the entire Planning Commissi on Action Agenda of October 14, 1985. The moti on carried 5-0. 80 CITY COUNCIL MINUTES Page 11, 10-21-85 2. INVESTMENT SCHEDULES AS OF SEPTEMBER 30 & AUGUST 31, 1985 It was moved by Hoestere~, seconded b Edgar, to receive and file the Investment Schedule reports date~y October 7 and September 4, 1985, respectively, Carried 5-0. 50 3. WAIVER OF FORMAL COMPETITIVE BID PROCEDURES - PURCHASE OF OFFICE FURNITURE ~ Following consideration of the inter-com dated September 26, 1985, prepared by the City Manager's Office, it was moved by Hoestere~, : seconded by Edgar, to waive the formal competitive bid procedures pursuant to Tustin City Code Section 1624(b); and direct staff to assign a Purchase Order to Hallmark Business Interiors, Inc., for office/conference room furniture and accessories. The motion car- ried 5-0. 87 XIII. OTHER BUSINESS 1. CLOSE OF ESCROW - PURCHASE OF PROPERTY FOR SENIOR CENTER Councilwoman Kennedy reported the dose of escrow this date between the City of Tustin and the Tustin Unified School District for the purchase of property for the Senior Center site. 41 2. PARKING ON SAN JUAN STREET Mayor Saltarelli complained that large trucks and trailers are parking along San Juan Street easterly of Red Hill Avenue to Brown- ing Avenue. The City Manager indicated the matter would be placed on the November 4, 1985, agenda. ,., The Chief of Police reported on efforts the Police Department has made on the matter. He requested that Mayor Pro Tem Saltarelli contact him when the problem exists. He has not yet witnessed any trucks and trailers parked in subject area. Mayor Pro Tem Salta- relli indicated he would do so. 3. PUBLIC INPUT - AGENDA FORMAT Councilman Hoesterey noted that the Public Input section should follow Public Hearings on the Council Agenda. XIV. RECESS - REDEVELOPRENT; ADJOURNMENT At 11:45 p,m, it was moved b;/Hoestere;/, seconded bJ/Edgar, to recess to the Redevelopment Agency, and thence adjourn to the next Regular Meeting on Monday, November 4, i985, at 7:00 p,m. The motion carried MAYOR