Loading...
HomeMy WebLinkAboutCC MINUTES 1981 11 02 MINUTES OF A REGULAR MEETING OF THE TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way NOVEMBER 2, 1981 CALL TO ORDER The meeting was called to order by ~yor Sharp at 3:52 p.m. ~ ~ ~cilpersons Present: Edgar, ~oesterey, Kennedy, Saltarelli, Sharp ROLL CALL Co~cilpersons ~sent: None Others Present: Jess G. Rocks, City Attorney William A. Huston, City ~nager ~ry E. ~nn, City Clerk ~ke Brot~arkle, Co~. Dev. Director Ken Fleagle, Planning Consultant Bob Ledendecker, Director of P~lic Works Ron Nault, Finance Director byleen ~ite, Co~unity Services Director ~a Solis, Deputy City Clerk Jeff Davis, Planning Intern Approx~ately 20 in ~e audience III. PUBLIC CONCERNS CALENDAR None Item 6 was removed from ~e Consent Calendar by Saltarelli for dis- cussion in Executive Session; Item 7 was removed by Kennedy; and Item 9 by Edgar. It was ~en moved b~ Kennedy, seconded b~ Edgar, to approve the r~ainder of the Consent Calendar. Motion carried 5-0. 1. APPROVAL OF MINUTES - October 21, 1981 Adjoined Regular Meeting 2. APPROVAL OF DEMANDS~e ~o~t of $484,584.42. RATIFICATION OF PAYROLLIFI~TIOM OF PAM~ in ~e ~o~t of $196,036.94. 50 3. DENIAL OF CLAIM OF ROBERT L. ELLIOTT; DAATE OF LOSS 8-16-81; CLAIM NO. 81-27 Deny claim of Robert L. Elliott as recomended by ~e City Attorney. 40 4. DENIAL OF CLAIM OF RICHARD M. HOYT; DATE OF LOSS: 10-4-81; CLAIM NO. 81--28 Deny claim of ~chard M. Ho~ as recomended by ~e City Attorney. 40 5. DENIAL OF CLAIM OF ROD L. CARPENTER; DATE OF LOSS: 7-31-81; CLAIM NO. 81-25 Deny claim of bd L. Carpenter as reco~ended by ~e City Attorney. 40 6. SPECIAL SALARY ADJUSTMENTS Authorize the following salary adjustments: ~intenance ~ Worker, Kenny Schultz from Step D, $1316 to Step F, $1451; ~intenance WOrker, Fred Luna from Step B, $~194 to Step D, $1316; and A~inistrative Secretary, Donna Treat from Step B, $1399 to Step D, $1543. 7. RESOLUTION NO. 81-118 - A Resolution of the City Co~cil of ~e City of Tustin, A~HORIZING ~E CONSTRUCTION OF EIGHT (8) CONDO- MINI~ ~ITS IN ~ R-3 ZONE LOCATED AT 1162 SYC~O~ AVEN~ ON ~PE~ OF ~A[ING AG~CY USE PETIT ACTION Adoption of Resolution No. 81-1~8 as proposed by the City Co~cil. CITY COUNCIL MINUTES Page 2, 11-2-81 8. RESOLUTION NO. 81-120 - A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION ( Centennial Park Sidewalk Improvements Phase II - Changing Times Enterprises, Inc.) Adoption of Resolution No. 81-120 and assuming 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 as recommended by the Engineering Department. 77 9. RESOLUTION NO. 81-121 - A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR RED HILL AVENUE WATER MAIN Adoption of Resolution No. 81-121 as recommended by the Engineering Department 10. RESOLUTION NO. 81--119 - A Resolution of the City Council, City of Tustin, California, REQUESTING THE COMMENCEMENT OF PROCEED- INGS FOR THE ANNEXATION OF UNINHABITED TERRITORY KNOWN AS NEWPORT/VANDERLIP ANNEXATION NO. 129 TO THE CITY OF TUSTIN Adoption of Resolution No. 81-119. 24 11. FINAL ACCEPTNCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS -- TRACT NO. 10852 (NW corner of Plaza Drive and Irvine Boulevard) Accept all public improvements within Tract No. 10852 and authorize the release of the following bonds: Bond No · 7120128, Faithful Performance - $8,500.00; Bond No. 7120128, Labor and Materials - $4,250.00; and Bond No. 7120129, Monu- mentation - $2,200.00 as recommended by the City Engineer. 99 COnsent Calendar Item 7 - It was moved by Edgar, seconded by Salta- relli, to adopt the following resolution: 7. RESOLUTION NO. 81-118 - A Resolution of the City Council of the City of Tustin, AUTHORIZING THE CONSTRUCTION OF EIGHT (8) CONDO- MINIUM UNITS IN AN R-3 ZONE LOCATED AT 1162 SYCAMORE AVENUE ON APPEAL OF PLANNING AGENCY USE pERMIT ACTION Motion carried 4-1, Kennedy opposed. 81 COnsent CaleDaR Item 9 - Councilman Edgar stated that the concept of deleting any other projects from the Capital budget should be addressed in the context of a precise tabulation of funding obliga- tions, responsibilities, and a balance sheet. He requested that his motion be interpreted that deletion of any items from the capital budget is inappropriate, but obviously the motion in itself does not delete anything. It was moved b~ Edgar, seconded by Kennedy, to adopt the following resolution, and direct the City Clerk to adver- tise for bids: 9. RESOLUTION NO. 81--121 - A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR RED HILL AVENUE WATER MAIN Motion carried 5-0. 107 Mr. Edgar continued that when the next Redevelopment Agency workshop is held the first of the year, also included for discussion should be an analysis of the Water Department construction and finances, and an update on capital improvements so that Council may develop a strategy for the remainder of this, and next, fiscal year. Council concurred. 50 V,. ORDINANCES FOR INTRODUCTION - None . VI, ORDI- NANCES FOR ADOPTION 1. ORDINANCE NO. 860 - An Ordinance of the City Council of the City of Tustin, California, AMENDING TITLE 3, CHAPTER 4, pART 2 OF THE TUSTIN CITY CODE REGARDING THE REGULATION OF AMBULANCES CITY COUNCIL MINUTES Page 3, 11-2-81 It was moved by Hoesterey, seconded by Kennedy, that Ordinance No. 860 have second reading by title only. Carried 5-0. Following reading of the title by the City Clerk, it was moved by Kennedy, seconded by Edgar, that Ordinance No. 860 be passed and adopted. Councilman Saltarelli suggested that in the future when amend- ments are made to the Code, that staff indicate what those changes, deletions, and additions are in the same manner as is done for the legislature, i.e., by "x' ing" them out. Roll Call Vote: AYES: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp NOES: None 22 2. ORDINANCE NO. 861 - An Ordinance of the City Council of the City of Tustin, California, AMENDING ARTICLE 3, CHAPTER 4, PART 2, PERTAINING TO TOW TRUCKS It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 861 have second reading by title only. Carried 5-0. Following reading of the title by the City Clerk, it was moved by Hoestere~, seconded by Edgar, that Ordinance No. 861 be passed and adopted. Councilman Saltarelli objected vehemently to Ordinance No. 861, stating it places the burden of proof on the property owner. The City Attorney reported that the City Code, as it now reads and in the amendments, is circumscribed by State statutes, and the requirements as to what type notices have to be posted and when a tow truck can tow something away, etc., have largely been preempted by the State, and there is not much the City can do about it. Staff can look at it and see if there are some other ways or some flexibility, but he didn't think there would be too much there. Following Council discussion, the substitute motion by Kennedy to continue the matter died for lack of a second. Roll call vote: AYES: None NOES: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp 82 Councilman Edgar requested that staff look into the matter and possibly come up with a compromise to provide a balance. 3. ORDINANCE N0. 859 - An Ordinance of the City Council of the City of Tustin, California, ADOPTED AS AN URGENCY MEASURE PROHIBITING STRUCTURES IN THE R-3 MULTIPLE FAMILY RESIDENTIAL DISTRICT IN EXCESS OF PRESCRIBED HEIGHTS WITHIN CERTAIN DISTANCES OF PROP- ERTY ZONES R-A, E-4, AND R-1. It was moved by Edgar, seconded by Hoesterey, to continue Ordi- nance No. 859. Carried 5-0. 81 VII. OLD BUSINESS 1. POLICY ON PUBLIC HEARING NOTICES ~a recommended in the memo dated October 17, 1981, prepared by the City Manager, itwas moved by Kennedy, seconded by Edgar, to continue this matter to the November 16 meeting. Motion carried 5-0. 83 VIII. NEW BUSINESS 2. SB 230 -GENERAL LAW CITIES ABLE TO CONSOLIDATE MUNICIPAL ELEC- TIONS WITH COUNTY/STATE ELECTIONS Pursuant to the memo dated October 23, 1981, prepared by the City Clerk, it was moved by Hoestere~, seconded by Edgar, to confirm Council action of January 19, 1981, not to consolidate City elections with County elections. Carried 5-0. 48 CITY COUNCIL MINUTES Page 4, 11-2-81 2, OFFICIAL REPRESENTATIVE & ALTERNATE APPOINTED TO PADS As recommended in the memo dated October 20, 1981, prepared by the Finance Director, it was moved by Edgar, seconded Hoesterey, to reappoint Councilman Eoesterey, Official Represen- tative, and Councilwoman Kennedy, Ron Nault, and Loni Hamblin, Alternates, to the Public Agencies Data System ( FADS ) Board. Motion carried 5-0. 50 IX. OTHER BUSINESS 1, REQUEST FOR EXECUTIVE SESSION The City Manager requested an Executive Session for discussion of personnel and legal matters. 2, SETTLEMENT OF WORKERS' COMPENSATION CLAIMS - KURAS & CONWAY AS recommended by the City Attorney, it was moved by Edgar, sec- onded b7 Kennedl~, to authorize revised settlement in the matter of Nancy Kuras on the basis of 38% disability rating ($7,396.31), plus unpaid medical legal costs of $350.00, with future medical expenses to be submitted to the Workers Compensa- tion Appeals Board for determination. Carried 5-0. 79 As recommended by the City Attorney, it was moved b~/Saltarelli, seconded by Hoesterey, to authorize settlement in the matter of Robert Conway in the amount of $16,432.50 plus future medicals. Motion carried 5-0. 79 3. STRAY ANIMALS IN CITY In response to Councilwoman Kennedy, the City Manager reported that staff needs to study the matter further, but stated that the contract does not indicate that the County shall be the first responding agency on an animal control complaint, and staff will attempt to clarify the issue and report back to Coun- cil. Mayor Sharp relayed an incidence wherein a dog was struck by a vehicle and the difficulty in getting the proper agency to respond · 23 4. POLITICAL STAND 1N FRONT OF U.S. POST OFFICE Councilwoman Kennedy stated she has received complaints regard- ing the political stand operating in front of the U.S. Post Office on the issue of nuclear power, and requested that staff investigate the matter and report back to Council. 42 X · RECESS-- EXECUTIVE SESSION & EVENING It was moved by Kennedy, seconded by Edgar, to adjourn at 4:24 p.m. to an Executive Session for discussion of personnel and legal mat- ters, and thence to the 7:30 p.m. evening session. Carried 5-0. CITY C0UNCIL MEETING RECONVENED 7:30 P.M. MEETING Io CALL TO ORDER The City COuncil meeting was called to order by Mayor Sharp at 7:33 p.m. II. 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, Com. Dev. Director Ron Nault, Finance Director Approximately 40 in the audience CITY COUNCIL MINUTES Page 5, 11-2-81 III. PUBLIC HEARINGS 1. RESOLUTION NO. 81--122 - A Resolution of the City Council of the City of Tustin, California, DETERMINING AND ADOPTING AN APPRO- PRIATIONS LIMIT FOR THE FISCAL YEAR 1981-82, IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND CHAPTER 1205 OF THE REVENUE AND TAXATION CODE SECTION 7910 The Finance Director presented the staff report and recommenda- tion and responded to Council questions. [ The public hearing was opened at 7:38 p.m. There being no com- ~' : ments or objections, it was moved by Edgar, seconded b~ Kennedy, to adopt Resolution No. 81-122. Carried 5-0. 29 2. PROPOSED ZONING CODE AMENDMENTS FOR RESIDENTIAL HEIGHT LIMITA- TIONS ORDINANCE NO. 862 - An Ordinance of the City of Tustin, Califor- nia, AMENDING ARTICLE 9, CHAPTER 2, OF THE TUSTIN CITY CODE RELATIVE TO LAND USE AND ZONING William Huston, City Manager, recommended that since the Plan- ning Agency had continued this matter, it would be appropriate to open the public hearing and continue as an open hearing. The public hearing was opened at 7:40 p.m. There being no com- ments or objections, it was moved by Edgar, seconded by Kennedy, to continue as an open public hearing to the next meeting. Carried 5-0. 110 CONCERNS None. The Mayor pointed out that there were a number of students in x the audience to observe the meeting. AGENDA ORDER V, CONSENT CALENDAR 6. SPECIAL SALARY ADJUSTMENTS As recommended in the memo dated October 14, ~98~, prepared by the City Manager, it was moved by Edgar, seconded b~ kennedy, to authorize the following salary adjustments: Maintenance Worker, Kenny Schultz from Step D, $1316 to Step F, $~451; Maintenance Worker, Fred Luna from Step B, $1194 to Step D, $1316; and Administrative Secretary, DOnna Treat from Step B, $~399 to Step D, $~543. Carried 4-~, Saltarelli opposed. 79 VI. NEW BUSINESS 1. REPORT ON TILLER DAYS Cherrill Webb presented an oral report basically as contained in the agenda packet. Terry Sorrensen, President of the Tustin Jaycees, presented plaques to Councilpersons Hoesterey, Kennedy, and Edgar who par- ticipated in the Tiller Days Parade and to the Police Department for their help. Councilman Edgar commented that the judges of the parade compli- mented the Jaycees on the way the parade was managed. A round of applause was given for Cherrill Wubb for her manage- ment of the Tustin Tiller Days Fair and the Jaycees for their management of the Tustin Tiller Days Parade following Councilman Hoesterey's comment that anyone who volunteers their time to the City deserves a good round of applause. 34 VI. OTHER BUSINESS 1. RESURFACING REDHILL AVENUE Councilman Saltarelli suggested that any future resurfacing of Redhill Avenue should be done at night to eliminate traffic problems even if we have to pay overtime. CITY COUNCIL MINUTES Page 6, 11-2-81 2, LETTER FROM OUR SISTER CITY, MATAMATA, NEW ZEALAND Councilman Hoesterey stated that he had received a "thank you" letter from representatives of our sister city, Matamata, New Zealand, who visited our City recently and were very impressed. 3. CONCERNS OF STUDENTS OBSERVING THE MEETING Councilwoman Kennedy asked if the students in the audience had any questions or concerns. The Council responded to the following questions by high school students observing the meeting: Spence Craddock, ~767~ Westbury Lane, asked when Columbus Tustin Park would be completed; 2. Lee Ceeala, ~801 Lance Drive, suggested putting a stadium at Columbus Tustin Park which would bring in revenue instead of a building; 3.Another student asked about the synchronizing of traffic lights on Redhill; and 4. Marsha Jonninger questioned the need for another park. VII.ADJOURNMENT It was moved by Hoesterey, seconded by Edgar, to adjourn at 8:18 p.m. to the next regular meeting on November ~6, 198~. MAYOR PRO TEM I i