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