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HomeMy WebLinkAboutCC MINUTES 1973 07 16 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL July 16, 1973 I. CALL TO ORDER Mayor Saltarelli'called the meeting to order at 7:30 p.m. in the Council Chambers. II. PLEDGE OF ALLEGIANCE III. INVOCATION Given by Councilman Miller. IV. ROLL CALL Present: CouncilmenD Saltarelli, Langley, Miller, Welsh, Woodruff. Absent: Councilmen: None. Others present: Asst. City Administrator Dan Blankenship Asst. City Administrator-Com- munity Development Ken Fleagle City Attorney James Rourke Administrative Secretary Kathy Morrison V. PUBLIC HEARINGS NONE. VI. PUBLIC CONCERNS The Mayor deferred Public Concerns to later in the meeting to allow time for Mr. Tom Kelly to arrive, for his report from the Bicentennial Committee. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - July 2, 1973, meeting. 2. RATIFICATION OF DEMANDS in amount of $250,689.12. Moved by Langley, seconded by Woodruff that both items on the Consent Calendar be approved. C'~ied unanimously. VIII. ORDINANCES FOR ADOPTION NONE. IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 587 An Ordinance of the City of Tustin, California, AMENDING THE ZONING ORDINANCE RELATIVE TO DEVELOPMENT PREVIEW. Moved by Miller, seconded by Langley that Ordinance No. 587 have first reading by title only. Replying to the Mayor's question, Mr. Fleagle stated that there would be an advantage to adopting this Ordinance as an urgency measure in that it would prevent applicants possibly "railroading" items through thelDevelopment previeW"COmmiSsion in its final sessions, and eliminate SUch adverse conse- quences as Commissioners losing interest. He City Council Minutes 7/16/73 Page 2 added that the staff is prepared, should the Council want the Ordinance implemented immediately. Councilman Miller was opposed to adopting this as an urgency ordinance, explaining that the possible results of not so adopting it are speculative, and would reflect on the Council's opinion of the Commissioners. Councilman Woodruff also was not in favor of an urgency ordinance, stating that if there seems to be a lack of application of duties by the Conmlission, the staff could bring the matter to the Council on appeal. He added!that the Commissioners have been aware for some time that the Council was studying proposed revisions to procedures and that this alternative was under consideration anda realistic possibility. The Council then discussed compensation of Design Review Boardof Appeals members (Section 5.290.2, Terms and Compensation), with the consensus being that members be paid by attendance at meetings, rather than on a monthly basis. Mr. Fleagle stated that when the ordinance is returned to the C6uncil for adoption, he will include a list of names of individuals willing to serve on the Beard of AppealS, and a specification that pay will be equal to what is received in appeals fees (approxi- mately $10.00 to meet and hear appeal). Above motion to read Ordinance No. 587 by title carried unanimously. The secretary read Ordinance No. 587 by title. Moved by Miller, seconded by Woodruff that Ordinance No. 587 be introduced. Carried unanimously. 2. ORDINANCE NO. 588 An Ordinance of the City of Tustin, California, RELATIVE TO PURCHASING Moved by Woodruff, seconded by Langley that Ordinance No. 588 have first reading by title only. Carried unanimously. The secretary read Ordinance No. 588 by title. Moved by Miller, seconded by Sattarelli that Ordinance No. 588 be introduced. Carried unanimously. Mr. Rourke proposed that this Ordinance be considered for urgency adoption. ~- ~ Moved by Miller, seconded by Woodruff that Ordinance No. 588 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 588 by title. Moved by Woodruff, seconded by Langley that Ordinance No. 588 be adopted as an urgency ordinance. Carried. Ayes: Saltarelli, Langley, Miller, Welsh, Wood~. Noes: none. Absent: none. City Council Minutes 7/16/73 Page 3 3. ORDINANCE NO. 589 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO PARKWAY TREES. Moved by Langley, seconded by Miller that Ordinance No. 589 have first reading by title oh~t.y. Carried unanimous ly. The secretary read Ordinance No. 589 by title. Moved by Miller, seconded by Welsh that Ordinance No. 589 be introduced. Mr. Blankenship ~replied to Councilmen's questions concerning what technical changes were being included in this Ordinance, and the purpose of Section 23.5 (Permit to Trim). Above motion carried unanimously. X. RESOLUTIONS 1. RESOLUTION NO. 73-53 A Resolution of the City Council of the City of Tustin, California, APROVING PLANS AND SPECIFICATIONS FOR THE TUSTIN CITY HALL, AND RELATED SITE WORK, AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. 2. RESOLUTION NO. 73-47 (A) A Resolution of the City Counci1 of the City of Tustin, California, ESTABLISHING THE MASTER TREE PLAN AND LIST OF APPROVED PARKWAY TREES. At the Mayor's request, the secretary read Resolu- tions 73-53 and 73'~47 (a~/j bY =~t~tle. Councilman Woodruff voiced dissatisfaction with the 15-month performance time for the 25,000 square foot building, and noted a lack of any provision for an incentive for the contractor to complete the job in less time. Councilman Miller stated that fifteen months is a reasonable length of time for this type of building, and that liquidation damages ($150 per day) would be added on, making it a disadvantage for the contractor to stretch the job out. He suggested that contractors be required to state in their bids their contract price for a 12-month as well as a 15-month performance time. Mr. Woodruff said that his concern was that the longer the contract goes, the more employee renego- tia~ion deadlines would have to be c~ossed. Mayor Saltarelli and Councilmen Miller and Welsh agreed that there would be nothing gained for the contractor by finishing late. Councilmani.{Miller moved that further reading be waived and that Resolution No. 73-53 be adopted, subject to insertion in the bid form of alternative requesting change in the contract price to reduce the construction period to 365 calendar days. City Council Minutes 7/16/73 Page 4 Mr. Rourke requested that this matter be deferred for a few minutes to allow him time to prepare the changes. Moved by Langley, seconded by Woodruff that further reading be waived and that Resolution No. 73~ Establishing Ithe Master Tree Pl~an and List of Approved Trees, be adopted. Carried. Ayes: Saltarelli, Langley, Miller, Welsh, Woodruff. Noes: none. Absent: none. Discussion returned to the Civic Center plans, with Mr. Rourke suggesting that perhaps just setting a figure of thirteen mQnths (rather than including an alternative) would reduce the construction time, but Ithe terms would then ~ the same for all bidders. Councilman Miller stated that what he was proposing was a 15-month base bid, and a 12-monthsalternate bid. Replying to Councilman Woodruff, Mr. Miller stated that the building~could~be~constructed in twelve months, depending on the amount of effort the contractor wanted to expend, and whether he thought the effort would cost him significantly more money. graph from the bottom of page two, to read "The contract will be awarded to the lowest qualified bidder, based on the total price and time bid on the alternatives selected by the City of Tustin". Councilman Miller repeated his above motion, which was seconded b~ Councilman Langley, and carried. Ayes: Saltarelli, Langley, Miller, Welsh, Woodruff. Noes: none. Absent~: none. XI. OLD BUSINESS 1. APPOINTMENT 0F POLICE CHIEF Mr. Saltaretlistated that 53 applications had been received for the position of Chief of Police, which had been reviewed and narrowed down to seven appli- cants who were interviewed by an oral board of professionals in or closely associated with the field of law enforcement. Mr. Joseph J. Kelly, currently Chief in Laguna Beach, wasthe unanimous choice of the Board, and the Council has approved their recommendation. Moved b~ Langley, seconded b~ Welsh that Joseph J. Kelly be appointed Police Chief of the City of Tustin, effective August 16,1973~. Carried unanimously. RECESS Ma~orCS!~t~I~ii~d~cl~d a~s~o~re~esS~ 8:10 p.m., toallow CounCil, staff, and members of the audience a chance to meet Mr. Kelly, who was in attendance.~at :the meeting. ' CALL TO ORDER The meeting reconvened at 8:20 p.m. 2. CONFIRMATION OF WEED ABATEMENT CHARGES (See next page). City Council Minutes 7/16/73 Page 5 Moved by Miller, seconded by Welsh that all weed abatement charges for the fiscal year 1972-73, as ~pecified below, be confirmed. Parcel Amount 062.272~03 402-151-04 137.43 062-140-68 31.0~5 103-282-03 54.34 062-051-32 106.38 062-041-06 31.05 Carried unanimously. ~ 3. AWARD OF CONTRACT--BRYAN/RED HILL PARK SITE AND STREET IMPROVEMENTS. Mr. Blankenship briefly explained the bid proposal, and summarized the bids received (as listed below), which were all substantially over.the City's final estimate of $147,735.00. United Sprinkler Co .... $174,379.00 Forex Company, Inc. 175,537.21 G.T.S. Construction, Inc. 179,366.60 West Con Construction Co. ~ . 179,536.70 R.W. McClellan & Sons, Inc. '. 181,027.50 Sukut'Coulson, Inc. 196,291.40 Sully-Miller Contracting Co. 211,738.60 Mr. Blankenship recommended proceeding with the project, however, inasmuch as the only means of reducing the bids would be by redesigning the park to eliminate essential amenities such as sidewalks, security lighting, restrooms, etc. Moved by Miller, seconded by Welsh that the contract for construction of development improvements, land- scaping Bryan/Red Hill Park and certain street con- struction on Red Hill and Bryan Avenues be awarded to United Sprinkler~Co~,.the lowest and best bidder, intheamount of $174,379.00. Carried unanimously. 4. REQUEST FOR PERPENDICULAR PARKING--BLISS LANE CUL-DE-SAC. Ms. Mary Anne Cunningham, 16012 Bliss Lane, Tustin, explained that the Bliss Lane cul-de-sac gives access to 25 to 30apartments, housing families primarily, with one garageperapartment~ Due to a recent Fire De~me~t~iorder restricting parking in the driveways-,-fOr~p~rp~ses!lof.emergencyaccess' residents have experienced a serious parking space shoztage. It'isrequested that th~onrparaliel parking spaces in the cul-de-sac be ~onverted to seven perpendicular parking spaceS. She noted that only second cars offamilies, and those of visitors, were parked in the cul-de~sac, After Mayor Saltarelli referred to the Police and Fire Departments' objections to such a conversion, Councilman Miller commented that the cul'de-sac is so short that emergency vehicles could simply back out of it if the turning radius was restricted by cars being parked head-in. CouncilmanWoodruff sympathized with the residents, and stated that there seems to be no expedient City Council Minutes 7/16/73 Page 6 remedy. Both the Police and Fire Depa'rtments have indicated that the benefit ofproviding parking space for three additional cars does not offset the hazard that perpendicular parking would pose. He felt that the shortnessof the cul-de-sac was a dis- advantage rather than an advantage. Replying to the Mayor, Mr. Fleagle stated that the off-streetparking at this location would not meet current' standards, but assuredly met those ineffect at the time-the apartments were 'constructed~(one parking space per one-bedroom, bachelor apartment). Councilman Miller stated that there probably are not other situations that would parallel this one, because of the shortness of the cul-de-sac in this case, which might permit a parking arrangement such as the one requested. Moved b~ Woodruff, seconded b~ Langley that the request for perpendicular parking in the Bliss Lane cul-de-sac be denied. · Councilman Miller suggested that, prior to reaching a decision, the Council be provided a larger, more detailed, drawing of the site, indicating dimensions of the cul-de-sac in relation to those of cars and emergency vehicles. Councilman Welsh agreed. Moved by Miller, seconded by Welsh that this matter be continued to the next regular meeting, and that the staff provide the Council a larger, more detailed drawing of the cul-de-sac including features as described above. Mayor Saltarelli stated that he could not support this substitute motion, as any delay in a decision would serve to misinform the residents. Although he was not opposed to seeing more information on the cul-de-sac, he said he would support staff recom- mendations until the safety of the proposal could be proven. He added that perpendicular parking would force drivers to back out onto a larger street. Substitute motiOn to continue to the next meeting failed. Ayes: Miller, Welsh. Noes: Saltarelli, Langley, Woodruff. Absent: none. Original motion, denying request for perpendicular parking, carried. Ayes: Saltarelli, Langley, Woodruff. Noes: Miller, Welsh. Absent: none. 5. TUSTIN CHAMBER OF COMMERCE AGREEMENT Moved by Welsh, seconded. b~ La~gle~ that the agreement ~e~cween the City and the Tustin Chamber of Commerce be approved and Ithe Mayor and City Clerk be authorized to execute said agreement. Carried unanimously. PUBLIC CONCERNS 1. MR. TOM KELLY, RE: TUSTIN BICENTENNIAL PROGRAM Mr. Tom Kelly, 330 E1 Camino Real, Tustin, representing the TUstin Bi~entennial Committee, reviewed progress made i'n pla~ing TUstin's Bicentennial Program, dis- cussed the potential significance of the program to all segments of the community, and asked for the Council's support of the program. He explained that the proposed City Council Minutes 7/16/73 Page 7 site preparation and buildings would be funded completely by~hel~community through anumber of fund raising projects. Councilman Welsh complimented Mr. Kelly'sexcellent report, and explained that the Committee wants an indication ~fsupport from the Council and would like to see the Ci=t~-imove in the direction of delaying sale of the property that they propose to use on E1 Camino Real (northwesterly corner of E1 Camino Real and Third, existing City property). Mayor Saltarelli suggested that the new Civic Center site might be a more appropriate. site for proposed facilitieS. Councilman Miller agreed. The Council discussed the following factors which would be involved in use of the E1 Camino Real property by the Committee: 1. Building and grounds maintenance costs would be inCre~e~Id=because of the separation of the commemorative facilities from the Civic Center. 2. The E1 Camino Real site lacks adequate parking facilities. 3. Use of the E1 Camino Real site would require revision of the City's capital planning, as proceeds from the sale of this land were intended for use for the maintenance yard. · 4. Separation of the site from therest of the City land on that block might lower the value of the land and affect the price the City could getfor it. 5. There is still a possibility that the Fire Depart- ment will be using the existing Police buildings when the Police Department moves to the new Civic Center. Following further discussion, Mayor Saltarelli stated that the Council's position is tha~ they wholeheartedly support 'the idea of the Bicentennial Program, and when more information is available about the financial capabilities and land requirements, the Council can make a determination as to the City's contribution. XIII. OTHER BUSINESS 1. PURCHASE OF 1500 GPM PUMPER Mr. Blankenship answered the Council's questions as to the Fire Department's specifications for a new pumper, compared specifications and proposals, and/discussedrated capacity and other factors. Following discussionr it was moved by Woodruffr seconded by Welsh that staff be directedto prepare the necessary documents to acquire the 1500 GPM Pumper set forth as Alternative "E" in the Fire Chief's July 13th report, in .the amount of S61,988, and that the Mayor and City Clerk be aut~o'rized to execute these documents. Carried unanimously. City Council Minutes 7/16/73 Page 8 2, SOUND BARRIER--TRACT 8.0.88 (AYRES) Mr. Fleagle ~istribUted to the Coun~ii a letter from Michael Jager of Frank H. Ayres & Son Construction Co., proposing a sound Ibarrier between the A.T.S.F. railroad tracks and the houses on the north side of the flood control channel, to consist of a five-foot mound with a six-foot block wall on top of the mound. The letter also p~oposed dedication to the City of a ten-foot strip of land (between the wall and the flood control property line) for future bicycle trail system land. Based on Mr. Fleagle ' s recommendations, it was moved by Welsh, seconded by Woodruff that the sound barrier proposalbe approved,' as modified to provide a five- foot berm With a 6'8".masonry wall, subject to an irrevocable offer to dedicate the southerly ten feet at such time as determined desirable by the Council to accept these parcels, with said agreement subject to the City Attorney' s approval Carried unanimously. 3. NARCOTICS TASK FORCE CONTRACT Mr.r-Rourke recommended Council approval of a contract with ~the City of Santa Ana for participation in the Countywide Narcotics Task Force (Coordinator's Office to be located in the Santa Ana Police BUilding); funds are based largely on a Federal grant, with Tustin's pro rata share of matching funds .tobe $302.00. Moved by Mille~, seconded by Langley that the Mayor and Cit~y Cler~k be authorized to ~execute the contract with the City of Santa Ana relating to the Narcotics Task Force. Carried unanimously. 4. CITY MOTTO Councilman Langley suggested that some thought be given to establishing an official· City motto, such as "City of Trees" or "Tustin--A World of GoOd Living". 5. ILLEGAL REAL ESTATE SIGNS After some discussion, Mr. Blankenship was directed to prepare a letter, for the Mayor's signature, to the East Orange County Board of Realtors, requesting the cooperation~ of their members with the City's Sign Code, and advising of the City's strict enforcement procedures. 6. ORANGE COUNTY TRANSIT DISTRICT VACANCY Mayor Saltarelli stated that he had received a letter from the City of Buena Park requesting support of JesSl Day. is, their MayO~ ..pro tem, tO fill a vacancy on the orange Count-y Transit Distr=ict Board Iof Directors. Councilman Woodruff stated that appointment of that .position will probably come from the League itself, ~a~her~ th~ by the City Selection Committee. He s~id that he ~would keep the Council informed of any action in this direction, and seek their guidance at the appropriate time. 7. LIBRARY It was announced that the Council had received a copy of the proposed lease agreement with the County Library City Council Minutes 7/16/73 Page 9 for location Of a branch library onthe City's Civic Center site. Mayor Salta~elli stated that he was very dissatisfied with the unspecific terms of the 'agreement With regard to the type and size of build- ing, site location, etc., particularly.after one and one-half years of negotiations. He did not feel that the City could hold this land for the County indefinitely.' Councilman Miller suggested that ~heCity submit a draft lease agreement andlsite plan to the County. Councilman Welsh was opposed to any impetuous action by the CounCil which might lose the library for the City. Councilman Langley suggested that the lack of progress be brought to the attention of Supervisor Clark for his assistance with 'County staff. Mayor Saltarelli agreed to meet with Supervisor Clark and the County Library; he would convey the City's dissatisfaction and explain that if the Council knew the amount and location of land for the library, size of building, etc., an agreement suitable to both parties could be reached. Councilmen suggested provisions for the'County honoring the City's landscape plan, etc., and for architectural review of the library by the City. 8. MCCALLA PROPERTY Mr. Rourke reported that an agreement with the McCallas has not been completed, but agreed to in principle. ~ When a firm agreement has been reached which is accep- table to all parties, the matter will come back to the Council. 9. A.B. 1829 (BADHAM) Mr. Blankenship was directed to prepare for the Mayor's s~gnature a letter to the City Councils of cities within the 71st Assembly'District, opposing Assemblyman Robert Badham's Bill relative to water districts, with copies of the letters to be forwarded to Badham. 10. A.B. 1181 (GONSALVES) Mr. B~ankenship was directed to prepare letters for the Mayor"s signature to Assemblyman Jerry Lewis of San Bernardino and to local Assemblymen, expressing strong opposition to A.B. 1181, Southern~California Area Planning Act, which calls for a mandatory regional planning agency with taxing power. XIV. ADJOURNMENT Mayor-Saltarelli adjourned the meeting at 10:20 p.m., in memory of William~'R. Mason', President of the Irvine Company, wSo passed away over the. weekend. ~I~NISTRATiVE SECRETARY