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HomeMy WebLinkAboutCC MINUTES 1981 12 07 MINUTES OF A REGULAR MEETING OF THE TUSTIN CITY COUNCILL COUNCIL CHAMBERS 300 Centennial Way DECEMBER 7, 1981 CALL TO ORDER The meeting was called to order by Mayor Sharp at 10:48 p.m. IIo ROLL CALL Councilpersons Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp Councilpersons Absent: None Others Present: James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Mike Brotemarkle, Comm. Dev. Director Ken Fleagle, Planning Consultant Bob Ledendecker, Director of Public Works Ron Nault, Finance Director Royleen White, Community Services Director Charles Thayer, Chief of Police Approximately 10 in the audience III. PUBLIC CONCERNS Helen Edgar requested that the Newport/Bryan Avenue "Walk" signal be timed for a longer period to enable senior citizens to cross safely. She asked that the Yorba/Vandenberg signal also be extended. The Director of Public Works responded that he would look into it. CONSENT CALENDAR Item 6 was removed from the Consent Calendar by Edgar. It was then moved by Saltarelli, seconded by Kennedy, to approve the remainder of the Consent Calendar with the exception of Item No. 6. Carried 5-0. 1. APPROVAL 0F MINUTES - November 16, 1981 Regular Meeting 2. APPROVAL OF DEMANDS in the amount of $1,314,916.24. RATIFICATION OF PAYROLL in the amount of $99,290.49. 50 3. REQUEST FOR PARKING PROHIBITION ON TUSTIN VILLAGE WAY Authorize installation of signing on the westerly side of Tustin Village Way adjacent to 15701 Tustin Village Way as follows: "NO PARKING, 6:00 AM TO NOON, THURSDAY, STREET SWEEPING"; and that warnings be issued in lieu of citations for the first 30 days after the sign installation as recom- mended by the City Engineer. 75 4. RESOLUTION NO. 81--126 - A Resolution of the City Council of the City of Tustin, APPROVING FINAL TRACT 11477 (14632 Holt Ave., E side of Holt, 944' N of Irvine) Adoption of Resolution No. 81-126 as recommended by the Com- munity Development Department. 99 5. RES0LUTION NO. 81-127 - A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (FY '81-'82 SLURRY SEAL PRO- GRAM- Roy Allen Slurry Seal, Inc.) Adoption of Resolution No. 81-127 and if no claims or stop payment notices are filed within 30 days of the date of recordation of the Notice of Completion, authorize payment of the final 10% retention at that time. 95 7. RESOLUTION NO. 81-134 - A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (Nelson School Sidewalk - Porter Construction Company, Inc.) CITY COUNCIL MINUTES Page 2, 12-7-81 Adoption of Resolution No. 81-134 and if no claims or stop payment notices are filed within 30 days of the date of recordation of Notice of Completion, authorize payment of the final 10% retention amount at that time as recommended by the Engineering Department. 92 8~ RESOLUTION NO. 81-128 - A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR FISCAL YEAR 1981-82 SIDEWALK AND CURB REPAIR PROGRAM Adoption of Resolution No. 81-128 as recommended by the Engi- neering Department. 92 9. RESOLUTION NO. 81-130 - A Resolution of the City Council of the City of Tustin, California, APPROVING TENTATIVE TRACT MAP NO · 11050 (15520-15574 South "B" St., SE corner Of "B" St. and Santa Ana Freeway Offramp) Adoption of Resolution No. 81-130 as recommended by the COF~ munity Development Department. 99 10. RESOLUTION NO. 81--131 - A Resolution of the City Council of the City of Tustin, California, AMENDING COUNCIL POLICY REGARDING A SAFETY REVIEW COMMITTEE Adoption of Resolution No. 81-131 as recommended by the Personnel Director. 28 11. RESOLUTION NO. 81-132 - A Resolution of the City Council of the City of Tustin, California, APPROVING THE DESTRUCTION OF CERTAIN RECORDS (Personnel Dept., Com. Services Dept., Com. Development Dept., and City Manager) Adoption of Resolution No. 81-132 as proposed by the City Attorney. 83 12. RESOLUTION NO. 81--133 - A Resolution of the City Council of the City of Tustin, California, COMMENDING AND EXPRESSING APPRECIA- TION TO CAPTAIN RON LOWENBERG FOR HIS CONTRIBUTIONS AND SERVICES TO TUSTIN Adoption of Resolution No. 81-133 as requested by the Coun- cil. 84 13. RED HILL AVENUE AHFP (ARTERIAL HIGHWAY FINANCING PROGRAM) PROJ- ECT NO. 1064 RIGHT OF WAY CERTIFICATION Authorize the Mayor to sign and the City Clerk to attest to the subject right of way certification. 95 Consent Calendar Item 6: 6. APPOINTMENT OF A REPRESENTATIVE FOR THE CITY OF TUSTIN TO THE ORANGE COUNTY VECTOR CONTROL DISTRICT Reappoint Ralph Welsh, Jr. as representative for the City of Tustin to the Orange County Vector Control District for the next two-year term of office expiring December 31, 1983. Councilman Edgar commented that the representative for the Orange County Vector Control District should be a Councilperson. The motion by Edgar that Ursula Kennedy be appointed as representative to the Vector Control District, died for lack of a second. · !~CouncilW0man Kennedy thanked Councilman Edgar but declined in favor of Ralph Welsh since he currently is President of the Board of Trustees and the Trustee Corp6rate Board of the California Mosquito and Vector Control Association- Councilman Noesterey made a substitute motion, seconded by Salta- relli, that Palph Welsh, Jr. be appointed as Tustin's representative to the Orange County Vector Control District until his presidency terminates, and at that time the Council will reconsider appointing a Councilperson or reappointing Mr. Welsh. Carried 4-1, Edgar opposed. 67 V. O~DI- NANCES FOR INTRODUCTION None CITY COUNCIL MINUTES Page 3, 12-7-81 VI. ORDI- NANCES FOR ADOPTION 1. ORDINANCE NO. 863- An Ordinance of the City Council of the City of Tustin, California, ADDING SECTION 1418 TO THE TUSTIN CITY CODE REGARDING THE OFFICE OF CITY MANAGER It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 863 have second reading by title only. Carried 5-0. Following reading of the title by the City Clerk, it was moved by Eoesterelz, seconded by Edgar, that Ordinance No. 863 be passed and adopted. Roll call vote: AYES: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp NOES: None ABSENT: None 35 VII. OLD BUSINESS 1. RESOLUTION NO. 81-125 - A Resolution of the City Council of the City of Tustin OVERRULING THE FINDINGS AND DECISION OF THE PLAN- NING AGENCY THEREBY APPROVING VARIANCE 81-7 (Monument sign for Liquor/Deli store at 17440 17th, Suite D, Enderle Center) This is the implementing resolution of City Council approval of Variance 81-7 at the November 16 meeting. It was moved by Edgar, seconded by Hoesterey, to adopt Resolu- tion No. 81-125. Councilwoman Kennedy reiterated her position that that there was no hardship to justify a variance. Motion carried 4-1, Kennedy opposed. 106 VIII. NEW BUSINESS 1. BID AWARD - COMMUNITY CENTER WINDOW BLINDS AND TINTING Bids were received as follows: Chapman Bros. Window Tining and Shades, Westminster $6,112.94 Draperies by Mr. John, Santa Ana $6,605.70 Designed Custom Interior Systems, Orange $6,665.28 This item was budgeted for $7,000.00. As recommended in the memo dated November 16, 1981, prepared by the Director of Public Works, it was moved by Kenned~x, seconded by Edgar, to award the bid to Chapman Bros. Window Tinting and Shades, Westminster, in the amount of $ 6,112 · 94 for installation of window blinds and tinting in the Clifton C. Miller Community Building with the color of the blinds to be desert sand and the window tinting a dark smoke color as recommended by the City Engineer. Motion carried 5-0. 39 2. BIDAWARD - RED HILL AVENUE WATER MAIN Bids for subject project were received as follows: JER Const. & General Eng., Inc., La Eabra $60,948.64 Five States Plumbing, Inc., Orange $61.388.00 Steinbergs Construction Co., Norwalk $69,000.00 Changing Times Enterprises, Inc., Buena Park $71.611.00 Coronado Pipeline, Inc., Anaheim $72.023.00 Thibodo Const. Co., Inc., Vista $76 321.00 Gabi Const. Co., Inc., La Mirada $79.394.75 Eolstrum Const. Co., Hungtinton Beach $80 801.35 John T. Malloy, Los Angeles $82 244.00 R & L Sewer, Paramount $85 230.00 David M. Kisling, Mission Viejo $88 057.60 Jade Construction Co., Fullerton $89 614.50 Valverde Const, Inc., Santa Fe Springs $99 047.00 Mac-Well Co., Anaheim $109 982.15 The low bid is 12% below the Engineer's estimate of $69,325.50 with $40,000 allocated for this work. CITY COUNCIL MINUTES Page 4, 12-7-81 It was moved by Hoesterse, seconded by Kennedy, to award the contract for subject project to JER Construction & General Engi- neering, Inc., La Habra, in the amount of $6g,948.64 and in addition allocate additional funds of $23,000.00 to make up the deficit in budgeted funds for this project. Carried~5-0. 107 3. INTERIM ACCESS ROAD-- TRACT NO. 8763 (IRVINE INDUSTRIAL COMPLEX) It was moved by Hoesterse, seconded by Edgar, to authorize the following: 1. Relinquish any rights to the 60 ft. wide easement that was reserved for an interim access road between Dow Avenue and Moulton Parkway. 2. Cancellation of an agreement between the<Irvine Industrial Complex and the City of Tustin for the construction of street improvements along the interim access road between Dow Ave. and Moulton Parkway. 3. Exoneration of Surety Bond No. 2620790 in the amountf of $150,000.00. Motion carried 5-0. 99 4. RESOLUTION NO. 81-129 - A Resolution of the City Council of the City of Tustin, California, DESIGNATING THE CITY CLERK OF THE CITY OF TUSTIN AS THE CITY OFFICIAL TO PREPARE SUMMARIES OF ORDINANCES AND AMENDMENTS AND ALTERATIONS THERETO It was moved by Saltarelii, seconded by Hoesterey, to adopt Resolution No. 81-129. Councilwoman Kennedy asked if we could use display advertising for the summarized ordinances. The City Manager responded that he would not propose to use that unless there were special circumstances. He pointed out that summaries would only be used when ordinances are lengthy. Ordinances are published once after adoption, and summaries are published once before adoption and once after adoption. Mrs. Kennedy stated she was not in favor at this time. Motion carried 4-1, Kennedy opposed. 37 5. L. P. REPERTORY PRODUCTION 1982 AGREEMENT It was moved by Saltarelli, seconded by Hoesterey, to approve the 1982 agreement as is and allow L. P. Repertory to choose whether they wish to do a production in 1982. Councilman Edgar was opposed to the motion because he did not think that storage of their sets limited the City's space at the Maintenance building. A substitute motion was made by Edgar, seconded by Sharp, to approve the agreement with the addition of permission to store large flats at the Maintenance yard. Mayor Sharp commented that untii we need that space ourselves, we can use it for this. Councilman Hoesterey said we would be setting a dangerous precedent as other groups might want the same treatment. Councilwoman Kennedy supported the substitute motion because we subsidize other events such as the Tiller Day parade and fair and sports. Councilman Saltarelli expressed that the L. P. Repertory was great and that we should support them but not with preferential treatment. He opposed the sub- stitute motion. Substitute motion carried 3-2, Hoesterey and Saltarelli opposed. 45 6. AUTHORIZATION TO TRANSFER SALARY SAVINGS FROM POLICE DEPARTMENT BUDGET TO CAPITAL OUTLAY BUDGET FOR PURCHASE OF COMMUNICATIONS EQUIPMENT It was moved by Hoesterse, seconded by Edgar, to authorize the transfer of $5,000.00 from the Police Department salary account to the Police Department capital outlay account for the purpose of acquiring police communications equipment. Carried 5-0. 29 CITY COUNCIL MINUTES Page 5, 12-7-81 7. AUTHORIZATION FOR SUPPLEMENTAL APPROPRIATION TO CODIFY CITY ORDI- NANCES ADOPTED SINCE DECEMBER 31, 1978 It was moved by Edgar, seconded by Hoesterey, to authorize sup- plemental appropriation of $4,500 to codify City ordinances adopted since December 31, 1978, and retain the services of the Municipal Code Corporation, 1700 Capital Circle S.W., Talla- hassee, Florida, for the City Code Supplementation Service at the rate of $14.00 per supplement page. Carried 5-0. 66 8. REVIEW OF PROPOSED ADDITION TO THE FINANCE DEPARTMENT It was moved by Edgar, seconded by Hoesterey, to approve the pre- liminary plan for an addition of 462 sq. ft. of space to the Finance Department and authorize staff to have prepared plans and specifications for the December 21 meeting. Councilman Saltarelli stated he was ready to vote for the square footage provided no employees except Department Heads get large offices, and the large offices that now exist are being torn down to make space for more people and more efficiency. Councilman Edgar expressed his full support of Councilman Sattarelli's com- ment s · The City Manager commented that there is no additional new office, but rather the existing office will be smaller. If the Council is willing to approve the conceptual plan with the under- s~anding that there may be a change in the net approach, staff would like to come back at the next meeting with the plans and specs. The plans include bringing the computers and Water Ser- vice office employees to the Finance Department. Council concurred to include Councilman Saltarelli's comments the motion. The motion carried 5-0. 50 IN o PUBLIC HEARINGS 1. ORDINANCE NO. 862- An Ordinance of the City of Tustin, Cali- fornia, AMENDING ARTICLE 9, CHAPTER 2, OF THE TUSTIN CITY CODE RELATIVE TO LAND USE AND ZONING (Height Limitations) The Community Development Director reported that this ordinance was prepared with the specific and limited intent of requiring all multiple-unit developments to meet the same standards for review and action by the Planning Agency as currently required by PD, condominium projects. If any further modifications of the City Code over definitions and "how heights are measured" are desired, staff will prepare a separate ordinance. The Public Hearing was opened at 11:19 p.m. There being no com- ments or objections, it was moved by Kennedy, seconded by Edgar, that Ordinance No. 862 have first reading by title only. Carried 5-0. Following reading of the title of Ordinance No. 862 by the City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 862 be introduced. Carried 5-0. 110 X · ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 859- An Ordinance of the City of Tustin, Cali- fornia, ADOPTED AS AN URGENCY MEASURE PROHIBITING STRUCTURES IN THE R-3, MULTIPLE FAMILY RESIDENTIAL, DISTRICT IN EXCESS OF PRE- SCRIBED HEIGHTS WITHIN CERTAIN DISTANCES OF PROPERTY ZONES R-A, E-4, AND R-1 It was moved by Edgar, seconded by Hoesterey, to cancel Ordinance No. 859. Carried 5-0. 81 XI. NEW BUSINESS 9. ALCOHOLICS ANONYMOUS USE OF COMMUNITY CENTER In response to Councilwoman Kennedy, it was established that resident fees are $15/hour, non-resident fees are $30/hour, and the group meetings are 4 hrs. on Sunday evenings from 5:30 p.m. to 9:30 p.m. (includes set-up and clean-up time). CITY COUNCIL MINUTES Page 6, 12-7-81 The representative from Alcoholics Anonymous (AA) said that the group has been meeting here for several years. They have between 200 and 400 people who live in Tustin. Of those attending, 70% to 75% either live in Tustin or the hills. They have an average of 175 every Sunday night and each contributes about 50~ per night. This has become the most prestigious meeting in Orange County. The City benefits from it because they go to restaurants in Tustin after the meeting. He requested that AA be given the rate for non-profit resident and that they be granted Use of the building for 52 Sundays/year- It was moved by Kennedy, seconded by Edgar, to grant permission to Alcoholics Anonymous for Use of the Community Building 52 Sunday evenings a year at the non-profit resident rate of $15 per meeting. Councilman Saltarelli was concerned because we had established a policy that no organization would have proprietary rights every week and other organizations have to verify that 51% of the mem- bers are City residents. The Conununity Services Director said that at present we have requests for use by other organizations for 6 nights in 1982. The AA representative stated that some members are very sensi- tive about non-members knowing they attend. It was suggested that they could use the Council Chambers on nights when the Com- munity Building was rented to someone else. The representative agreed to this suggestion and asked for 6 weeks' notice in order to adequately notify their members. The motion was amended to approve the non-profit resident rate of $15 per meeting for the Community Building but they can be bumped to the Council Chambers with 6 weeks' notice at the rental rate for that room and Council will review in one year. The amended motion carried 5-0. 41 Xo REPORTS 1. ANMAL CONTROL SERVICES Council concurred to receive and file the report dated December 2, 1981, prepared by the City Manager entitled "Animal Control Services." 23 2. TRAFFIC SAFETY EVALUATION - ENFORCEMENT AND ENGINEERING ANALYSIS Council concurred to receive and file the report entitled "Traf- fic Safety Evaluation - Enforcement and Engineering Analysis Report" dated December 2, 1981, prepared by the City Manager. 100 XI.OTHER BUSINESS 1, TERMINATION OF COUNCIL LIAISONS TO DEPARTMENTS It was moved by Saltarelli, seconded by Hoesterey, to terminate the Council Liaisons for the Departments. Carried 5-0. 38 2. TRAFFIC WORKSHOP Councilman Saltarelli suggested setting up a workshop for con- trolling traffic in Tustin for February, 1982. Council concurred. 100 3. BUSINESS LICENSE FORMS Councilman Saltarelli suggested revising the Business License forms by eliminating some of the information requirements when the present supply runs out. The City Manager responded that staff would bring beck a report at that time. CITY COUNCIL MINUTES Page 7, 12-7-81 4. DEDICATION OF STREET FRONTAGE Councilman Saltarelli asked for a report on the possibility of eliminating the ten ft. irrevocable dedication of street frontage on certain streets. Council concurred. 5. GUlDELINES FOR ZONING ADMINISTRATOR HEARINGS Council concurred that staff draw up some definitive guidelines regarding Zoning Administrator hearings. 6. SPEEDSTUDY FOR MAIN STREET Councilwoman Kennedy asked Chief Thayer about enforcement of speed limits on Main Street. Chief Thayer responded that they do stop cars for warnings but we need to increase the speed to 35 mph in order to enforce by radar. The City Manager responded that a speed study could be done. 7. MICR0PHONES Council concurred for staff to investigate and have corrected the static in the Council Chamber microphones. 39 XII. ADJOURNMENT It was moved by Hoesterey, seconded by Kennedy, to adjourn at 12:01 a.m. to the next regular meeting on December 2~, 1981. Carried 5-0.