HomeMy WebLinkAboutCC 1 MINUTES 12-21-81MI~u-r~ OF A ~ ~ETING
OF THE T~r~ ~ CO~CIL
COUNCIL CHAMBERS
300 Centennial Way
D~::emb~z' 7, 1981
~. ~T.T.
TO O~D~R The meeting was called to order by Mayor Sharp at 10:48 p.m.
Councilpersons Present:
Councilpersons Absent:
Others Present:
Edgar, Hoesterey, Kennedy, Saltarelli,
Sharp
None
James G. Rourke, City Attorney
William A. Huston, City Manager
Mary E. Wynn, City Clerk
Mike Brot-markle, Com. 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. P~m~-vC
CONCF,~iG
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.
IV.
C~T-~D
Item 6 was removed from the Consent Calendar by Edgar. It was then
moved by Saltarelli, seconded by Kennedy, to approve the r~mainder
of the Consent Calendar with the exception of Item No. 6. Carried
5-0.
1. APP~O~BL ~ ~- Nov-mher 16, 1981 Regular Meeting
2. A.PPSlO~]LT. (~' ~MAt~)8 in the amount of $1,314,916.24.
Pa%_q~FICATIO~ 0~ ~.T. in the amount of $99,290.49.
5O
~ FOKPA~EIN~ ~I~ ~ T~STIN~ILI~E way
Authorize installation of signing ~n 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
~E~OI~TI~ NO. 81--126 - A Resolution of the City Council of the
City of Tustin, A~PROVING FINAL TRACT 11477 (14632 Holt Ave., E
side of Holt, 944' N of Irvine)
Adoption of Resolution No. 81-126 as reco-~ended by the Ccm~-
munity Development Department. 99
;~SOX~F~ION 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 claim; 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
I~ESO~TION 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
10.
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 reco..~.~ended
by the Engineering Department. 92
R~S(~TIO[I 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 CURE REPAIR PROGRAM
Adoption of Resolution No. 81-~28 as recon~aended by the Engi-
neering Department. 92
R~(~UTIO~ ~O. 81-130 - A Resolution of t_he City Council of the
City of Tustin, California, APPROVING TENTATIVE TRACT MAP NO.
11050 (15520-~5574 South "B" St., SE corner of "B" St. and Santa
Ana Freeway Offramp)
Adoption of Resolution No. 81-130 as recommended by the Com-
munity Development Department. 99
R~.~(~2FA'X~ NO. 81--~31 - 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- 13~ as reco-w-ended by the
Personnel Director. 2~
R~Og~2TI(~ 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
RE~OX~2TIO~ 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
~ .,/.T. A~ a~m (a~,-.,TaT. RXGHWA~ FII~AR~ugG PRO~RaM) PROJ--
Authorize the Mayor to sign and the City Clerk to attest to
the subject right of way certification. 95
Consent Calendar Item 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.
Councilwoman Kennedy thanked Councilman Edgar but declined in favor
of Ralph Welsh since he currently is President of the Board of
Trustees and the Trustee Corporate Board of the California Mosquito
and Vector Control Association.
Councilman Hoesterey made a substitute motion, seconded by Salta-
relli, that Ralph 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 Co~ncilperson or reappointing Mr. Welsh. Carried 4-~, Edgar
opposed. ~7
V. ORDI-
NANCES FOR
lxx'~0DUCTION
None
VI. OI~DI-
~ FOR
~D~I~
1.
VIII- NBW
BUSINESS
1.
CITY COUNCIL MINUTES
Page 3, 12-7-81
NO. 863 - An Ordinance of the City Council of t_he
City of Tustin, California, ADDING SECTION 1418 TO THE TUSTIN
CITY CODE REGARDING THE OFFICE OF CITY MANAGER
It was moved by Hoestere¥, 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 Hoesterey, seconded by Edgar, that Ordinance No. 863 be
passed and adopted. 9mll call vote:
AYES;
NOES:
ABSENT:
Edgar, Hoesterey, Kennedy, Saltarelli, Sharp
None
None
35
~T~]~TIO~ 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 A~PROVING 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 NovAmher 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
Bids were received as follows:
Chapm~n Bros. Window Tining and Shades, Wes~inster
Draperies by Mr. John, Santa Aha
Designed Custom Interior Systems, Orange
This item was budgeted for $7,000.00.
$6,112.94
$6,605.70
$6,665.28
As reco~aended in the memo dated November 16, 1981, prepared by
the Director of Public Works, it was moved by Kennedy, seconded
by Edgar, to award the bid to Cha~m~an Eros. Window Tinting and
Shades, Westminster, in the amount of $6,112.94 for installation
of window blinds and tinting in the Clifton C. Miller Commu~nity
Building with the color of the blinds to be desert sand and the
window tinting a dark smoke color as reco~ended by the City
Engineer. Motion carried 5-0. 39
2. BID A~TA~D - ~ ,,,.r. A~]E ~ ~
Bids for subject project were received as follows:
JER Const. & General Eng., Inc., La Habra
Five States Plun~bing, Inc., Orange
Steinbergs Construction Co., Norwalk
Changing Times Enterprises, Inc., Buena Park
Coronado Pipeline, Inc., Anaheim
Thibodo Const. Co., Inc., Vista
Gabi Const. Co., Inc., La Mirada
Holstrum Const. Co., Hungtinton Beach
John T. Malloy, Los Angeles
R & L Sewer, Paramount
David M. Kisling, Mission Viejo
Jade Construction Co., Fullerton
Valverde Const, Inc., Santa Fe Springs
Mac-Well Co., Anaheim
$60,948.64
$61,388.00
$69,000.00
$71,611.00
$72,023.00
$76,321.00
$79,394.75
$80,801.35
$82,244.00
$85,230.00
$88,057.60
$89,614.50
$99,047.00
$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 Ho.stet.y, seconded by Kennedy, to award the
contract for subject project to JER Construction & General Engi-
neering, Inc., La Habra, in the amount of $60,948.64 and in
addition allocate additional funds of $23,000.00 to make ~p the
deficit in budgeted funds for this project. Carried 5-0. 107
3. ~ ACCESS 1%DAD-- '11'1~%CTN0o 8763 (I..H'~/~i~ I~IDOST]tTaT. COMPw-~'*z)
4e
It was m~ved by Ho.stet.y, 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 amount of
$150,000.00.
Motion carried 5-0.
~0X/F~I~ NO. 81-129 - A Resolution of the City Council of the
City of Tusttn, California, DESIGNATING THE CITY CLERK OF THE
CITY OF TUSTIN AS THE CITY OFFICIAL TO PREPARE SUMMARIES OF
O~DINANCES AND AMENDMENTS AND ALTERATIONS THERETO
It was moved by Saltarelli, seconded by Hoesterey, to adopt
Resolution No. 81-129.
Councilwoman Kennedy asked if we could use display adver~ising
for the sua~0arized ordinances. The City Manager responded that
he would not propose to use that unless there were special
circumstances. He pointed out that ~,maries w~uld only be used
when ordinances are lengthy. Ordinances are published once
after adoption, and s,.....~ies 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. ~O~ PBOOOCTI~ 1982
It was moved by Saltarelli, seconded by Ho.stet.y, to approve
the 1982 agreement as is and allow L. P. Repertory to choose
whether they wish to do a production in 1982.
Council~n Edgar was opposed to the motion because he did not
think that storage of their sets l{m{ted the City's space at the
M~intenance 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 until we need that space ourselves,
we can ~se it for this. Councilman Hoesterey said we would be
setting a dangerous precedent as other groups might want the
same treatment. Councilweman 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.
~ODGET TO CAPITAL (KF~_~X ~ODGET ~)lt ~"U~;"A-Cm OF COI~I~I]liIC&TIGN8
It was moved by Hoesterey, 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 comunications equipment. Carried 5-0.
CITY COUNCIL MINUTES
Page 5, 12-7-81
7t
AV~'~O~.ZZATZ(~ FOE. uu¥~-]~E~iTAL
NA~CE8 ~ SINCE D~MBE~ 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 ~he services of the
Municipal Code Corporation, 1700 Capital Circle S.W., Talla-
basses, Florida, for the City Code Supplementation Service at t_he
rate of $14.00 per supplement page. Carried 5-0. 6~
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.
Councllm~n Saltarelli stated he was ready to vote for t. he square
footage provided no employees except Department Heads get large
offices, and the large offices that now exist are being torn ~own
to make space for more people and more efficiency. Councilman
Edgar expressed his full support of Councilman Saltarelli's com-
The City Manager co~ented 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, s~aff
would like to come hack 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 in
the motion. The motion carried 5-0. 50
ONOINAN~E NO. 862 - An Ordinance of the City of Tustin, Cali-
fornia, AMENDING ARTICLE 9, C~APTER 2, OF THE TUSTIN CITY CODE
RELATIVE TO LAND USE AND ZONING (Height Limitations)
The Co~unity Development Director reported that this ordinance
was prepared with the specific and l~m~ted 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, condomini~ projects. If any further modifications of the
City Code over definitions and "how heights ars measured" are
desired, staff will prepare a separate ordinance.
The Public Hearing was opened at 11:19 p.m. There being no
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 t_he
City Clerk, it was moved by Edgar, seconded by Hoesterey, that
Ordinance No. 862 be introduced. Carried 5-0. 110
X. ONOINANCES
FOR ADOPTI~
1.
O~DINANC~ 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, DISTR~CT IN EXCESS OF PRE-
SCRIBED HEIGHTS WITHIN CERTAIN DISTANCES OF PRDPERTY 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
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
X. I~POR~S
1.
XT.
BUSINESS
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 t_hose 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 prestigiou~ 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 C ....... unity Building 52
Sunday evenings a year at the non-profit resident rate of $15 per'
meeting ·
Counci!m~n 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 m~-~
bets are City residents.
The Community 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 m-tubers are very sensi-
tive about non-m~hers knowing they attend. It was suggested
that they could use the Council Cb-tubers on nights when the C~m-
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 Cham~ers 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
Council concurred to receive and file the re~ort dated
Dec--tuber 2, 1981, prepared by the City Manager entitled "Animal
Control Services." 23
2. TRAFFIC SAFETX EVAI~A~IO~- ~)~T ~ ~iGINK,C.'tI~ ANAI~SIS
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.
It was moved by Saltarelli, seconded by Hoestere¥, to terminate
the Council Liaisons for the Departments. Carried 5-0. 38
2. T~AFFIC ~OF~OP
Counci~m~n Saltarelli suggested setting up a workshop for con-
trolling traffic in Tustin for February, 1982 · Council
concurred. 100
S. BUSINESS ~.TCENSE FO~SS
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 back a report at that time.
CITY COUNCIL ~INUTES
Page ?, 12-7-81
4. D~)IC~TIO~ C~' STREET FR0~T~
Councilman Saltarelli asked for a report on the possibility of
el~mlnating tahe ten ft. irrevocable dedication of street frontage
on certain streets. Council concurred. 81
Council concurred that staff draw up some definitive guidelines
regarding Zoning Administrator hearings. 109
6. Slnm~ ST~D~ ~OR WaTN S~EET
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 ~he speed to 35
mph in order to enforce by radar. The City Manager responded
that a speed study could be done.
Council concurred for staff to investigate and have corrected the
static in the Council Chamber microphones. 39
XII. ~
It was moved by Hoesterey, seconded by Kennedy, to adjourn at 12:01
a.m. to the nex~ regular meeting on December 21, 1981. Carried 5-0.
MAYOR