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HomeMy WebLinkAboutCC MINUTES 1981 10 05 MINUTES OF A REGULAR MEETING OF THE TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way OCtober 5, 1981 I. CALL TO ORDER The meeting was called to order by Mayor Sharp at 5:02 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, Comm. Dev. Director Bob Ledendecker, City Engineer Roy Gonzales, Personnel Director Ronald Nault, Finance Director Royleen White, Community Services Director Charles R. Thayer, Police Chief Eva Solis, Deputy City Clerk Approximately 10 in the audience III. PRE- SENTATION Mayor Sharp indicated the presentation of the First Day Cover Postal Stamp by David Larson from the Council on Alcoholism would be made at the evening session. 84 IVo PUBLIC CONCEBNS None V · CONSENT CALENDAR It was moved by Edgar, seconded b~, Hoesterey, to approve the entire Consent Calendar, including the addition of Item No. l0 for purchase of a City vehicle. Councilwoman Kennedy noted a correction to the September 21 minutes, Page 5 - Item 3, to correct the location given by her relative to "El Camino Real between First and "B" Streets" to "El Camino Real between First and Second Streets." Motion carried 5-0. 1. APPROVAL OF MINUTES September {6, {98~ Special Meeting September 21, 1981 Regular Meeting (As Corrected) 2. APPROVAL OF DEMANDS in the amount of $383,759.46. RATIFICATION OF PAYROLL in the amount of $93,3~6.68. 50 3. FINALREPORT FOR BRYAN AVENUE AT BROWNING AVENUE, A.H.F.P. PROJ- ECT NO. 938--939 Receive and file the subject final report as required by the Arterial Highway Financing Program (A.H.F.P.) procedural manual and recommended by the Engineering Department. 86 4. HEALTH SERVICES AGREEMENT - COUNTY OF ORANGE Authorize the Mayor and City Clerk to sign the subject agreement as approved by the City Attorney. 45 5. RESOLUTION NO. 81-110 - A Resolution of the City Council of the City of Tustin APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE Adoptioa of Resolution No. 8~-lq0 as recommended by the Com- manity Development Department. 81 CITY COUNCIL MINUTES Page 2, 10-5-81 6. RESOLUTION NO. 81-111 - A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (McFadden Avenue Storm Drain No. 1A & Main Street Storm Drain No. 1B - Mike Prlich & Sons) Adoption of Resolution No. 81-111 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 amount at that time as recom- mended by the Engineering Department 91 7. RESOLUTION NO. 81--112 - A Resolution of the City Council of the City of Tustin AUTHORIZING AGREEMENTS BETWEEN THE POLICE DEPART- MENT OF THE CITY OF TUSTIN AND THE STATE OF CALIFORNIA, DEPART- MENT OF CALIFORNIA HIGHWAY PATROL (No Fiscal Impact) Adoption of Resolution No. 81-112 as recommended by the Chief of Police. 45 8. RESOLUTION NO. 81-113 - A Resolution of the City Council of the City of Tustin, California, DECLARING THAT AN EMERGENCY EXISTS IN THE CITY OF TUSTIN SO AS TO NECESSITATE THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY FOR REPAIR OF WATER MAINS TO SAFE- GUARD LIFE, HEALTH, OR PROPERTY (Budgeted Funds are Adequate) Adoption of Resolution No. 81-113 as reconunended by the Engineering Department. 107 9. AUTHORIZATION TO SETTLE WORKER'S COMPENSATION CLAIMS By Minute Order authorize Worker's Compensation Claim settlements for Mr. Kenneth Barton in the amount of $14,752 and Mr. Fred Krasco in the amount of $26,500 as reconunended by the City Manager. 79 10. AUTHORIZATION TO PURCHASE CITY VEHICLE Authorize purchase of a 1981 Oldsmobile Cutlass (4-door Intermediate Sedan) from University Oldsmobile, Costa Mesa, in the amount of $8,824.39 plus tax. 87 VI. ORDINANCES FOR INTRODOCTION - None VII · ORDINANCE 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 PRESCRIBED HEIGHTS WITHIN CERTAIN DISTANCES OF PROPERTY ZONES R-A, E-4, AND R-1. pursuant to Councilwoman Kennedy's request, it was moved by Kennedy, seconded by Edgar, to continue this item to the evening session. There was no response to the Mayor's invitation for speakers on the matter. The motion carried 5-0. VIII. OLD BUSINESS 1. COLUMBUS TUSTIN PARKING LOT LANDSCAPE AND IRRIGATION CONTRACT As recommended in the memo dated September 29, 1981, prepared by the City Engineer, it was moved by Edgar, seconded by Kennedy, to grant a 42-calendar-day time extension to Allied Sprinkler Company on the landscape and irrigation contract for Columbus Tustin Parksite Parking Lot to extend the contract completion date to October 2, 1981. The City Engineer reported that the work has been completed with only some grass reseeding to be done. Councilman Saltarelli expressed concerns regarding parking lot design standards that allow placement of islands planted with bushes and tire stops which inhibit persons walking from their vehicles to a destina- tion and create liability exposure. Council concurred to look into the design standards at the Redevelopment Agency workshop on October 26. Motion carried 5-0. 74 CITY COUNCIL MINUTES Page 3, IX. NEW BUSINESS 1. BID AWARD - STREET SWEEPER (No fiscal impact) Bids for subject item were received as follows: Baaker Equipment Co., Pomona Ecolotec Vacu-sweep Model 400 $87,273.08 ~'~ Crook Company, Norwalk · A) Elgin Whirlwind II Vacuum Sweeper $75,079.80 ,4! B) Elgin Road RUnner Broom Type Sweeper $75,578.00 F.M.C. Corp., Pomona F.M.C. Model 2-12 JD Broom Type Sweeper $73,039.30 As recommended in the report dated September 28, 1981, prepared by the City Engineer, it was moved bl~ Kennedy, seconded Edgar, to award the bid for the replacement of a 1970 broem type sweeper to F.M.C. Corporation, Pomona, in the amoUnt of $73,039.30 as recommended by the Maintenance Superintendent. Carried 5-0 · 87 2. TREE REMOVAL - 13711 WHEELER PLACE It was moved by Kennedy, seconded by Edgar, to authorize removal of the Ficus Retusa parkway tree located at 13711 Wheeler Place as recommended by the City Engineer in his memo dated september 28, 1981. Carried 5-0. 86.1 3.BID AWARD -NELSON SCHOOL SIDEWALK PROJECT (Budgeted Item) Bids for subject project were received as follows: Porter Construction Co., Inc., Santa Aria $5,830.37 B-1 Enterprise Corporation, Rancho Cucamonga $6,456.45 Industrial Fence & Supply, Inc., Long Beach $7,043.40 Alfredo's Excavating & Paving, Azusa $7,043.40 Fleming Engineering, Inc., Buena Park $8,412.95 Dyno Construction, Inc., San Dimas $8,412.95 PUrsuant to the memo dated September 29, 1981, prepared by the Engineering Department, it was moved by Kennedy, seconded by Edgar, to award the contract for subject project to Porter Con- struction Inc., Santa Ana, in the amoUnt of $5,830.37. CoUncilman Saltarelli expressed concerns over expenditure of City funds at a school site~ The City Engineer responded that the School District will be making additional improvements at the school at a cost of approximately $5,000; and the reason for the sidewalk was to ~alleviate a pedestrian/vehicle problem at the intersection of Walnut and Browning. The motion carried 5-0. 92 X · BUSINESS 1 . VISITING FIREMEN FROM SISTER CITY MATAMATA, NEW ZEALAND f~ CoUncilman Eoesterey reported on his hosting of visiting Firemen i~ from Matamata, New Zealand - Tustin's Sister City. He relayed information and differences in the government, and presented Council with their City Seal plaque to be displayed in City Hal 1. 2. SPEEDING ON SANTA CLARA AVENUE It was moved by Edgar, seconded by Sharp, to, direct staff to provide a cost study of annexing Santa Clara Avenue between Yorba and Prospect to eliminate speeding through local enforce- ment · CITY COUNCIL MINUTES Page 4, 1~5-81 Following Council discussion, the City Manager indicated staff could contact the responsible agency and report back to Council on the level of enforcement currently being provided. Council concurred. The motion failed 2-3, Hoesterey, Kennedy and Sharp dissenting. 100 3. SPEED LIMIT ON NORTH RED HILL pursuant to Councilwoman Kennedy's request to post the speed limit on North Red Hill at 35 mph for consistency, Council con- curred to direct staff to survey Red Hill and come back with a report and recommendation in approximately 45 days. 100 4. HONORARY LUNCHEON FOR PIONEER TUSTIN WOMEN Councilwoman Kennedy recegnized Agnes Bacon and Margaret Byrd in the audience as two of 15 women being honored by the Tustin Historical Society and Enderie Center Merchants at a luncheon to be held on Wednesday, 0cto~er 7, at the Cookbook Restaurant. She extended an invitation to Council, staff and members of the audience to attend. XI. ADJOURNMENT It was moved by Edgar, seconded by Hoesterey, to adjourn at 5:32 p.m. to the 7:30 p.m. evening meeting. Carried 5-0. CITY COUNCIL MEETING RECONVENED 7:33 P.M. I. CALL TO ORDER The 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, Comm. Dev. Director Bob Ledendecker, City Engineer Charles R. Thayer, Police Chief Approximately 100 in the audience III. PRE- SENTATION John Saur from the Council on Alcoholism presented a First Day Cover Postal Stamp to Mayor Sharp for the City. 84 IV. PUBLIC CONCERNS Cherrill Webb reported on the Tiller Day Parade and the activities to be held Friday, Saturday and Sunday, October 9, ~0, and ~l. AGENDA ORDER VII · ORDI- NANCES 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 Attorney Rourke explained that this ordinance would impose a moratorium of four months and would limit developments in excess of prescribed heights. CITY COUNCIL MINUTES Page 5, 1D-5~81 Charles A. Sullivan, 14782 Carfax Drive, Tustin spoke in opposi- tion to the proposed condominion or apartment complex at 1~62 Sycamore and was in favor of the moratorium. He presented two petitions with a total of ~27 signatures in favor of the morato- rium. He was opposed to the height of the buildings and felt this would decrease the value of his property. Ernest Young, 1162 Mear Lane, spoke in favor of the moratorium and suggested a study be made of the density south of the Santa Ana Freeway compared to north of the freeway. Martin O'Malley, 14681 Charloma Drive, was in favor of the mora- torium and expressed that the impact on traffic would be very great. John Zier, ~152 Mear Lane, was in favor of the moratorium and asked what procedure was followed to notify the citizens of the public hearing on the condominium as he did not receive notifi- cation. Mike Brotemarkle, CoLunity Development Director, responded that they sent notices to all residents within 300 feet of the pro- perty and for this project about 40 residents were notified. Also the hearing notice was published in the Tustin News. Councilman Hoesterey commented that at the last meeting, after a condominium project was turned down, Council was informed of a disparity between the requirements of the PD district (which condominiums fall under) and an R-3 district. There appears to be a loophole in our R-3 code that would allow a developer to build an apartment that is identical to a condominium project without having to go through a Planning Agency hearing. It was moved by Hoesterey, seconded by Kennedy, to direct staff_ to prepare as soon as possible a change in the ZOning Qrdinance which would change the R-2, R-3 and R-4 zones to/be i~ confor- mance with the PD zone for the purpose of review of the Planning Agency and adoption by the City Council. Councilman Saltarelli pointed out that this area was developed and zoned in the County and then annexed to the City. Someof this property has been annexed in the last year. He was in favor of staff defining what underground parking is. Mike Brotemarkle said it would probably take 90 days for the change in the zoning ordinance to take effect and if it would become necessary, the moratorium could be imposed until the ordinance was in effect. The motion was carried 5-0. 110 It was moved by Kennedy, seconded by Saltarelli, to continue Ordinance No. 859. Carried 5-0. 81 Councilwoman Kennedy asked staff if anything could be done to increase the privacy of the residents next to the apartment building that is under construction. Mr. Brotemarkle said the overall height has been reduced by four feet from the original proposal, there are no rear windows on the second floor, and staff could look into modifying the stairway on the rear of the property to protect their privacy. Mrs. Kennedy pointed out that this is the second time this year that our process of notification has been questioned and we should look into this. Following discussion about modifying the method of sending notices and the possibility of sending notices by registered mail, the City Manager indicated staff would review the process and report back to Council. CITY COUNCIL MINUTES Page 6, 10-5-81 RECESS It was moved by Edgar, seconded by Kennedy, to recess at 8:25 p.m. to the Planning Agency and thence back to the City Council meeting. Carried 5-0. CITY COUNCIL MEETING RECONVENED 10:30 P.M. I. CALL TO ORDER The meeting was called to order at 10:30 p.m. by Mayor Sharp with all Councilmembers present. II. BUSINESS Councilman Hoesterey requested an Executive Session for personnel matter s · III. ADJOURNMENT It was moved b~ Edgar, seconded by Kennedy, to adjourn the meeting at ~0:33 p.m. to an Executive Session and thence to the next regular meeting on Wednesday, October 21, 1981, in memory of Walter Foster, a prominent resident of Tustin who passed away September 30, 1981. Motion carried 5-0. .84