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HomeMy WebLinkAboutCC MINUTES 1983 03 07 MINUTES OF A REGULAR MEETING OF THE TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way March 7, 1983 I. CALL TO ORDER The meeting was called to order by Mayor Edgar at 7:03 p.m. follow- ing a meeting of the Redevelopment Agency. I I . ROLL ~ CALL Councilpersons Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Frank H. Greinke Ronald B. Hoesterey Donald J. Saltarelli Councilpersons AbSent: None Others Present: William A. Huston, City Manager James G · burke, City Attorney Mary E. Wynn, City Clerk Charles R. Thayer, Chief of Police Bob Ledendecker, Director of Public Works Alan Warren, Senior Planner Jeff Davis, Assistant Planner Ken Fleagle, Planning Consultant Approximately 40 in the audience III. PR0C- LAMATIONS 1. PROFESSIONAL SECRETARIES WEEK - APRIL 24--30, 1983 Mayor Edgar read and presented a proclamation designating April 24-30, 1983, as Professional Secretaries Week to Doreen McNeigh, Chapter President, and Barbara Banyacki, Corresponding Secre- tary, of the Orange Empire Chapter, Professional Secretaries International · 84 ~ 2. RED CROSS MONTH - MARCH, 1983 A proclamation was read and presented by Mayor Edgar proclaiming March, 1983, as Red Cross Month to Debbie Johnson, volunteer and representative of the Red Cross. 84 IV. PUBLIC CONCERNS 1. MAIN STREET TRAFFIC Charles Mitchell, 420 W. Main Street, presented a list contain- ing 17 families' names concerned about heavy and fast traffic on Main Street. Mr. Mitchell suggested placement of a stop sign or traffic signal at the intersection of Pacific and Main Streets. At Mayor Pro Tem Kennedy's request, the Police Chief explained the State warrant requirements and reported on the Police Department's anforcament of the 40 mph speed limit in an effort to decrease the 85th percentits over a six-month period, of which two months have expired. Councilman Greinke suggested more aggressive, strict enforcement is needed, whereby five to six citations are issued daily rather than the current average of two, to which the Police Chief responded that many drivers do obey the law and travel at or below the posted speed limit. Mr. Mitchell was receptive to Councilman Greinke's suggestion that the Police Department sup- ply the 17 families with a progress report on the continuing enforcement program. Councilman Saltarelli commented that although he is agreeable to the six-month program staff has devised to reduce the speed limit, he will support some other measure in the future if it CITY COUNCIL MINUTES Page 2, 3-7-83 does not work, including stop signs or physical barriers- Mayor Edgar suggested that a possible solution would be speed humps, as opposed to speed bumps, as reported by him at the Febru- ary 22, 1983, meeting- Two other residents voiced concerns and protests on the matter as follows: Richard Viming, 400 West biain Street John Sharpe, 480 West Main Street ~'~ Livy Pankey, 320 West Main Street (spoke following Public Con- cerns Item No. 2) Further Council/staff discussion followed. The Police Chief offered to meet with the 17 families on the matter in an effort to better inform them on the problems and limitations involved. Mayor Pro Tem Kennedy suggested residents participate in the Police Department's Ride-A-Long Program and observe speed limit enforcement in their neighborhood. Mayor Edgar sununarized by stating that the Council is aware and concerned with the traffic problem on Main Street, and is com- mitted to resolving same. 108 2. CHURCH OF SCIENTOLOGY Andy Watson, 1282 Garland, questioned the legality of the yellow balloon hovering over the Church of Scientology, I1451 Irvine Boulevard. The City Manager responded that staff is aware of the matter and it has been referred back to the Planning Commis- sion with the direction that the permit be suspended. 81 V. PUBLIC HEARINGS 1. CENERAL PLAN AMENDMENT 83-1(A) The Senior Planner presented the staff report and recommenda- tion as contained in the inter-com dated March 7, 1983, prepared by the Community Development Department. A brief question-and- answer period followed. The Mayor opened the public hearing at 7:45 p.m. There being no speakers on the matter, the public hearing was closed. It was moved by Kennedy, seconded by Saltarelli, to adopt the following resolution: RESOLUTION NO. 83-18 - A Resolution of the City Council of the City of Tustin, APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FOR THE PROPERTIES AT 1021, 1031, 1041 BONITA STREET; 1012, 1021, 1022, 1032 WALNUT; 1021, 1031, 1033 SAN JUAN STREET; 1031-1034, 1045, 1047, 1051, 1053 ANDREWS; 13662 NEWPORT AVENUE AND 18112-18138 MAIN STREET After a Council/staff discussion period, the motion carried 5-0. 56 2. GENERAL PLAN AMENDMENT 83-1(B) The Senior Planner presented the staff report and recommendation as contained in the inter-com dated March 7, 1983, prepared by the Community Development Department. Council/staff discussion followed. The public hearing was opened by Mayor Edgar at 7:55 p.m. The following person spoke on the matter: Richard Kendall, 1261 Garland Avenue, requested that the Council consider requiring fencing between the residential properties and the shopping center on Irvine Eoulevard. There were no other speakers on the matter. Mayor Edgar closed the public hearing at 8=00 p.m. CITY COUNCIL MINUTES Page 3, 3-7-83 It was moved by Saltarelli, seconded by Kennedy, to approve the following resolution in concept, but refer it back to the Plan- ning Commission for inclusion of the adjacent property: RESOLUTION NO. 83-19 - A Resolution of the City Council of the City of Tustin, APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FOR THE PROPERTY AT 1252 IRVINE BLVD. Mayor Pro Tem Kennedy encouraged Mr. Kendall, and all Tustin w-. residents, to contact the Community Development Department on ! matters of concern so that they might be addressed before the matter goes before the City Council. The motion carried 5-0. 56 The City Manager indicated staff would report back on the Mayor's inquiry as to inclusion in the General Plan of the tri- angular portion of the Irvine Company land, north of the new Myford Road/Moulton Parkway alignment. VI. CONSENT CALENDAR It was moved by Kennedy, seconded by Greinke, to approve the entire Consent Calendar. Carried 5-0. 1. APPROVAL MINUTES - February 22, 1983 2. RATIFICATION OF PAYROLL in the amount of $101,371.15 APPROVAL OF DEMANDS in the amount of $318,968.72 50 3. DENIAL OF CLAIM OF SOUTHERN CALIFORNIA GAS (WOODWARD); DATE OF LOSS: 8-23-82; FILED WITH CITY: 1--31--83; CLAIM NO. 83-3 Deny subject claim as recommended by the City Attorney. 40 ~ 4. AUTHORIZATION TO RETAIN CONSULTANT SERVICES Authorize staff to retain Engineering-Science, Arcadia, to provide environmental engineering consulting services con- cerning evaluation of proposals for a bullet train; and exe- cute all required documents to accomplish same as recom- mended by the City Engineer. 45 83-9 5. RESOLUTION NO. 83-20 - A Resolution of the City Council of the City of Tustin, California, REQUESTING THE AUTHORIZATION AND IMMEDIATE IMPLEMENTATION OF THE ALL RIVER PLAN Adopt Resolution No. 83-20; and direct staff to mail copies of same to the appropriate federal officials who have key roles in the project as recommended by the City Engineer. 69 6. POLICE VEHICLE REPLACEMENT Authorize purchase of four Chevrolet Malibus to replace the older, high-mileage units in our patrol fleet, at a cost of $36,197.54 as recommended by the chief of Police. 87 7. POLICE MOTORCYCLE REPLACEMENT Authorize the Finance Department to obtain bids for replace- ment of three police motorcycles as recommended by the .Chief of Police. 87 ~ 8. COOPERATIVE EQUIPMENT SHARING AGREEMENT ~ Authorize the Mayor to execute subject Cooperative Equipment Sharing Agreement in behalf of the City of Tustin as recom- mended by the City Engineer. 45 83-10 9. RESOLUTION NO. 83-21 - A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (Irvine Blvd. FAU Project M-M023(2) - Grissom & Johnson, Inc.) Adopt Resolution No. 83-21 and if no stop payment notices are filed and the contractor meets all Labor Compliance require- ments of the contract, that 30 days after the recording date of the Notice of Completion, authorize payment of the final 10% retention amount as recommended by the City Engineer. 94 CITY COUNCIL MINUTES Page 4, 3-7-83 10. AUTHORIZATION TO ESTABLISH POSITION CLASSIFICATIONS Authorize establishment of the classifications of Director of Community and Administrative Services (salary of $3,522 per month) and Park Superintendent (salary range of $2,389 to $2,904 per month) effective March 8, 1983, as recommended by the City Manager. 79 VII. ORDINANCES FOR INTRODUCTION - None VIII. ORDINANCES FOR ADOPTION - None BUSINESS 1. TWO-HOUR PARKING RESTRICTION - SANTA FE DRIVE The Chief of Police provided an oral report, stating that the area had been surveyed, business owners in the area had been contacted, and it is staff's recommendation to replace the two- hour parking limitation on Industrial Drive with a 12-hour maxi- mum parking tow-away zone. He reported that most businesses, with the exception of Bar-None, Inc., and Nursery Supplies, were agreeable to this alternative. Council/staff discussion fol- lowed. John Underwood, Bar-None, Inc., stated he is not agreeable to the staff recommendation because the City's requirement for four feet of landscaping along the sides of the property, does not allow ample parking on site. Mr. Underwood added that the park- ing restrictions were never enforced until a few months ago, when employees were issued parking citations. He did not agree that employees should have to walk the distance from Industrial Drive, rather than parking in front of their work location. It was moved by Kennedy, seconded by Edgar, to continue the matter for review of the existing landscaping requirements as a possible solution in this instance- The City Manager suggested that if the Council desires to review the landscaping requirements overall, the matter might be referred to the Planning Commission for a potential Code amend- ment. The Police Chief provided historical background on parking prob- lems in the area which resulted from Marine Corps personnel whose unsafe, uninsured vehicles are not permitted on base. Enforcement was reinstituted to resolve parking problems which are recurring and to act as a deterrent to the additional personnel which are reportedly being assigned to the Tustin base in the near future. The Chief emphasized that of the five busi- nesses on Santa Fe, three are agreeable to the staff recommenda- tion, and the primary factor in the parking restriction has been to provide on-street parking for business customers. Mr. Underwood suggested that staff leave the two-hour parking limitation on Santa Fe near Red Hill as is and change the remainder of the Santa Fe/Woodlawn/Industrial loop to a 12-hour parking limitation. A substitute motion by Saltarelli, seconded by Edgar, was made to approve staff's recommendation to replace the two-hour park- ing limitation on Industrial Drive with a 12-hour maximum park- ing tow-away zone; continue monitoring the situation; and direct staff to send a letter to the Marine Corps stating that parking of unsafe vehicles on City streets by their personnel will no longer be tolerated and request that they provide parking on the base. At Mayor Pro Tem Kennedy's request, the Police Chief stated that Mr. Underwood's suggestion for different parking time zones lacks consistency, which is needed for enforcement. CITY COUNCIL MINUTES Page 5, 3-7-83 Mayor Edgar provided clarification to Ted Guarriello, Nursery Supplies West, on the matter and on the action before the Council. The substitute motion carried 3-1, Kennedy opposed, Greinke abstained. Further Council/staff discussion ensued regarding the parking of unsafe, uninsured vehicles by Marine Corps personnel on City '~ streets. Council concurred that a letter of protest also be sent to Congressman Badham. 74 X. NEW BUSINESS 1. BID AWARD - FISCAL YEAR 1982-83 STREET MAINTENANCE PROGRAM Bids for subject project were opened March 1 and received as follows: R. J. Noble Company, Orange $217,030.50 Sully-Miller Company, Orange $244.120.34 Griffith Company, Santa Ana $238,386.46 All American Asphalt Co., Orange $247,492.33 Blair Paving, Inc., Ariahelm $254,760.16 The low bid is 12-1/2% below the Engineer's estimate of $248,000.00, and there is presently $255,000.00 budgeted for this work. AS recommended in the report dated March 2, 1983, prepared by the Engineering Division, it was moved by Hoesterey, seconded by Saltarelli, to award the contract for subject project to R. J. Noble Company, Orange, in the amount of $217,030.50, and autho- rize staff to add additional maintenance locations to the proj- ect to utilize all funds budgeted for this work. Carried 4-0., Kennedy abstained. 95 The Director of Public Works responded to the Mayor's concern relative to resurfacing of Red Hill, reporting that the resur- facing has been rearranged to follow completion of storm drain installation prior to the resurfacing. The City Manager reminded Council that revenue sharing monies have been used for the program, and whether it will be extended is questionable. 2. BID AWARD - FISCAL YEAR 1982-83 SIDEWALK & CURB REPAIR PROGRAM Bids for subject project were opened March 1 and received as follows: Gabi Construction Co., Inc., La Hubra $24,975.75 Langston Construction, Inc., Covina $27,949.76 Meyer Constructors, Highland $32,552.87 Arm & Hammer Concrete, Tustin $34,096.49 Bavin Construction Co., La Habra Heights $38,647.78 Damon Construction Co., South Gate $39,379.25 California Living, Orange $42,085.71 Nobest, Inc., Westminster $47,269.89 The low bid is 47-1/4% below the Engineer's estimate of $47,350.00, and there is presently $48,900.00 budgeted for this work. Pursuant to the recommendation contained in the report dated March 2, 1983, prepared by the Engineering Division, it was moved by Hoestere~, seconded by Saltarelli, to award the con- tract for subject project to Gabi Construction Co., Inc., La Hubra, in the amount of $24,975.75, and authorize staff to add additional repair locations to the project to utilize all of the funds budgeted for this work. Carried 5-0. 92 CITY COUNCIL MINUTES Page 6, 3-7-83 3. EXTENSlON OF MORATORIUM ON OFFICE USES IN COMMERCIAL, ETC., DISTRICTS Following consideration of the report dated March 7, 1983, pre- pared by the Community Development Department, it was moved by Hoesterey, seconded by Saltarelli, to direct staff to advertise a public hearing for consideration of extending interim urgency Ordinance No. 882 for a period of eight months. Motion carried 5-0. 81 The City Manager pointed out that the Council has two options, the first option being to extend the moratorium 120 days. The second is to extend it for eight months as allowed under the State Code, which allows more flexibility and can be rescinded at any time prior to the eight-month expiration date. XI. REPORTS 1. PLANNING COMMISSION ACTIONS Council/staff discussion followed on Use Permit 83-2, Planning Commission 2-28-83 Agenda Item No. 4. Council concurred to receive and file the Planning Commission Action Agenda of February 28, 1983, and to direct staff to reflect in same when Commissioners abstain and the reason therefor. 80 2, PLANNING AGENCY MINUTES - JANUARY 17, 1983, MEETING It was moved by Hoesterey, seconded by Greinke, to approve the Planning Agency minutes of the January 17, 1983, meeting as sub- mitted. Carried 5-0. 81 3. STREET CLOSURE - BRYAN AVENUE The Director of PUblic Works presented the staff report as con- tained in his inter-com dated February 28, 1983, and responded to Council questions. He and the Police Chief provided an update on other areas in the City that were storm damaged. The report was received and filed by unanimous informal consent. · 95 4. CAPITAL IMPROVEMENT PROJECT Council concurred to receive and file the report dated February 28, 1983, prepared by the Director of Public Works. 86 5. BULLET TRAIN The City Manager provided an oral update on the bullet train issue. Council discussion followed. Councilman Hoesterey reported that he and Councilman Saltarelli participated in a forum sponsored by Channel 40 on the bullet train. Council- members expressed a desire for staff to set up a time for review of sUbject program, and to extend an invitation to The Tustin News publisher to attend same. 101 6.PETERS CANYON SPECIFIC PLAN - CITY COUNCIL PARTICIPATION CONSULTANT _SELECTION The staff report was presented by the City Manager as contained in his inter-com dated March 2, 1983. Following Council discus- sion, Council concurred to appoint Councilmembers Edgar and Saltarelli as Council representatives on the Peters Canyon Specific Plan Steering Committee. 81 XII. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested a closed session for 'discussion of legal matters · CITY COUNCIL MINUTES Page 7, 3-7-83 2. NEW IDENTIFICATION CARDS Co~cilmn Saltarelli requested that new car~ be issued to employees for J~es Company, replacing ~e Galbraith & Green cards. 3. TUSTIN STORM DRAINS Co~cilmn Saltarelli co~ended the City on its stom drain system ~d enco~aged completion of same. ~ 4. PARKING ON FIRST STREET Co~cilmn Hoesterey requested that staff revi~ parking along First Street near "B" Street to detemine if ~e two-hour ~rk- ing limitation is appropriate. 5. POLICE DEPARTMENT COMMENDATION Co~cilmn Greinke co~ended the Police Department on its enforcement efforts on Main Street and expressed pride in Tustin's force. He offered any assistance he could give in the matter. 6. AESTHETIC FREEWAY IMPROVEMENTS & EPA SANCTIONS Mayor Edgar reported he had received correspondence from City of Orange Mayor Jim Be~ requesting Tustin's support in effecting changes to current Orange Co~ty Trans~rtation Co~ission poli- cies which preclude funding aesthetic freeway ~prov~ts. In addition, ~e Mayor requested Co~cil's support in opposing sanctions imposed by the Enviro~entat Protection Agency A~in- istrator on the South Coast Air Basin. ~ The ~yor relayed bth items to ~e City ~nager, ~d Council concurred to direct staff to prepare appropriate action for the next Council meeting. 61 67 7. SALE OF WATER SERVICES It was moved b~ Edgar, seconded b~ Greinke, to direct staff to ~ediately start dialog with ~e Cities of Orange and Santa Ana to transfer through sale all water service areas within their spheres of influence, and indicate that ~e City is agree~le to flexible pa~ent tems. Co~cil ~scussion followed. The motion carried 5-0. 107 XIII. RECESS - CLOSED SESSION & ADJOURNMENT It was ~en mved b~ Saltarelli, seconded by Hoesterey, to recess at 9:13 p.m. to a Closed Session for discussion of legal matters, and thence adjourn to ~e next regular meeting on March 21, ~983. Carried 5-0. MAYOR