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HomeMy WebLinkAboutCC 1 MINUTES 11-16-81~IN~T~S ~ A ~ ~E~TING OF ~w~ T~TIN ~ COUNCIL COUNCIL CHAMBERS 300 Centennial Way Ne~e~ber 2, 1981 I. CA~L TO ~ The meeting was called to order by Mayor Sharp at 3:52 p.m. III. P~B~IC C~H~CE~B None 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-~Arkle, Co---. Dev. Director Ken Fleagle, Planning Consultant Bob Ledendecker, Director of Public Works Ron Nault, Finance Director Royleen White, Community Services Director Eva Solis, Deputy City Clerk Jeff Davis, Planning Intern Approximately 20 in the audience Item 6 was removed from the Consent Calendar by Saltarelli for ~is- cussion in Executive Session; Item 7 was removed by Kennedy; and Item 9 by Edgar. It was then moved by Kennedy, seconded by Edgar, to approve the re~ainder 'of the Consent Calendar. Motion carried 5-0. 1. AP~ ~ ~I~ES3- October 21, 1981 Adjourned Regular Meeting 2. APT~%O~L ~ ~ in the amount of $484,584.42. RATIFICATI~ ~ PA~ in the amount of $196,036.94. 5O CLAI~NO. 81--27 Deny claim of P~bert L. Elliott as recommended by the City Attorney. 40 4e NO. 81-28 Deny claim of Richard M. Hoyt as recommended by the City Attorney. 40 ~AT. ~ ~mN ~ ~O~ L. (]~T~; DA~ ~ LOSS= 7--31--81; .CLAI~NO. 81--25 Deny claim of Rod L. Carpenter as recommended by the City Attorney. 40 6® ~m~CIAL SALA~X Authorize the following salary adjustments: Maintenance Worker, Kenny Sch~ltz from Step D, $1316 to Step F, $1451; Maintenance Worker, Fred Luna from Step B, $1194 to Step D, $1316; and Administrative Secretary, Donna Treat from Step B, $1399 to Step D, $1543. ~ESOI~]TIO~ ~O. 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 Adoption of Resolution No. 81-118 as proposed by the City Council. CITY COUNCIL MINUTES Page 2, 11-2-81 Se 10. 11. ~.~X~]TIO~ NO. 81--120 - A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT A~D AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (Centennial Park Sidewalk Improvements Phase II - Changing Times Enterprises, Inc.) Adoption of Resolution No. 81-120 and assu~ing 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 recomended by the Engineering Department. 77 ~(~TIO~ NO. 81--121 - A Resolution of the City Council of the City of T~stin, California, A~PROVING PLANS AND SPECIFICATIONS FOR RED HILL AVENUE WATER MAIN Adoption of Resolution No. 81-121 as recomended by the Engineering Depart-hr ~S~FI~XO~ NO. 81-119- A ~solution of the City Council, City of Tustin, California, REQUESTING THE CO~/~ENCEMENT OF PROCEED- INGS FOR THE ANNEXATION OF UNINHABIT~u TERRITORY KNOWN AS NEWPORT/VANDERLIP ANNEXATION NO. 129 TO THE CITY OF TUSTIN Adoption of Resolution No. 81-119. 24 FINAL ~CC~PTANC~ OW e~z.zC I~e~w~.m~ a~D ~la-~ ~ BO~ID8 - TI~ACTNO. 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 reco~ended by the City Engineer. Co~ent Caie~-~ I~e~ 7 - It was moved by Edgar, seconded by Salta- relli, to adopt the following resolution: ~SO~&~IO~ 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, ~nnedy opposed. 81 Co.sent Cale~R-~ Ite~ 9 - Councilman Edgar stated that the concept of deleting any c~her 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 frc~ the capital budget is inappropriate, but obviously the motion in itself does not delete anything. It was moved by Edgar, seconded by Kennedy, to adopt the following resolution, and direct the City Clerk to adver- tise for bids: ~ES~UTIO~ 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. ORDZN~%.NCES FO~ I~ITR~OI)~C'T~O~ - None ORDINANCE NO. 860 - An Ordinance of the City Council of the City of Tustin, California, AMENDING TITLE 3, CHAPTER 4, P~RT 2 OF THE TUSTIN CITY CODE REGARDING THE REGULATION OF AMBULANCES CITY COUNCIL MINUTES Page 3, 11-2-81 VII. B~.LI~ 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 b~ 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" the~ out. Roll Call Vote: AYES: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp NOES: None 22 OI~INAI~ NO. 861 - An Ordinance of the City Council of the City of Tustin, California, AMENDING A~ICLE 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 c~lly. Carried 5-0. Following reading of the title by the City Clerk, it was moved by Hoesterey, 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. ORDINANCE NO. 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. P~LICY ~ ~u~I,IC ~ NOTICES AS recommended in the memo dated October 17, 1981, prepared by the City Manager, it was moved by Kennedy, seconded by Edgar, to continue this matter to the November 16 meeting. Motion carried 5-0. 83 SB 230 - ~m~AL LAW CITIES ABLE TO COnSOlIDATE ~u~XCIP~L ~r.~C- TIOWS W-'rn COONTY/STATE ELECTIOWS Pursuant to the memo dated October 23, 1981, prepared by the City Clerk, it was moved by Hoesterey, 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 M~NUTES Page 4, 11-2-81 IX. OTBER SESSI~ & 2. OFFICTAn ~,.i~,,~:~fTA:rJ.v~s & AT.~A~ APPOz~rmm TO PAD~ As reco~ended in the memo dated October 20, 1981, prepared by the Finance Director, it was moved by Edgar, seconded by Hoesterey, to reappoint Councilman Hoesterey, official Represen- tative, and Councilwoman Kennedy, Ron Nault, and Loni Mam~lin, Alternates, to the Public Agencies Data System (PADS) Board. Motion carried 5-0. 50 R~ FOP. The City Manager requested an Executive Session for discussion of personnel and legal matters. As reco~aended by the City Attorney, it was moved by Edgar, sec- onded by Kennedy, 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 s,,~/tted to the Workers Compensa- tion Appeals Board for determination. Carried 5-0. 79 As reco~aended by the City Attorney, it was moved by 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 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 ~o clarify the issue and report back to Coun- cil. Mayor Sharp r~layed an incidence wherein a dog was struck by a vehicle and the difficulty in getting the proper agency to respond. 23 4. POI~ITI~an ~ IN FR0~T 0~ O.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 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. 7:30 The City Council meeting was called to order by Mayor Sharp at 7:33 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 Ron Nault, Finance Director Approximately 40 in the audience CITY COUNCIL MINUTES Page 5, 11-2-81 III. PURX~C RE~zP~IO~ 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 reco~nenda- 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 by Kennedy, to adopt Resolution No. 81-122. Carried 5-0. 29 ORDIN--I~(:~ 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, reconunended 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. None. The Mayor pointed out that there were a number of students in the audience to observe the meeting. ~AR 6. AS recommended in the memo dated October 14, 1981, prepared by the City Manager, it was moved by Edgar, seconded by Kennedy, to authorize the following salary adjustments: Maintenance Worker, Kenny Schultz from Step D, $1316 to Step F, $1451; Maintenance Worker, Fred Luna from Step B, $1194 to Step D, $1316; and Administrative Secretary, Donna Treat from Step B, $1399 to Step D, $1543. Carried 4-1, Saltarelli opposed. 79 VI. NKN 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. Councilm~n Edgar com~ented 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 Webb 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 volu~nteers their tLme to the City deserves a good round of applause. 34 E~SINESS 1. ~u~FACING SED-,,.n A~ Counciln%an 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 Co%u~¢i~-~n Hoes=erey s~a=~ that he had receiv~ a "tha~ ~u" letter from representatives of our sister city, Matamata, New Zealand, who visited our City recently and were very impressed. Councilwoman Kennedy asked if the students in the audience had any q~estions or concerns. The Council responded to the following questions by high school students observing the meeting: 1. Spence Craddock, 17671 Westbury Lane, asked when Col,~hus Tustin Park would be completed; Lee Cecala, 1801 Lance Drive, suggested putting a stadium at ColL~-h%lS %h/stin 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. It was moved by Hoesterey, seconded by Edgar, to adjourn at 8:18 p.m. to the next regular meeting on November 16, 1981. MAYOR MIB=rmS OF A S~ECIAL ~£ING OF '~E T~STIN ~ CO~CIL COUNCIL CONFERENCE ROOM 300 Centennial Way Nov--~er 9, 1981 5:00 P.M. I o C~T.T. TO OK~ER The meeting was called to order by Mayor Sharp at 5: 11 p.m. II. ~O~.T. CAL~ 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 III. RECESS The Council recessed to an Executive Session for legal and personnel matters at 5:12 p.m. The Council reconvened and adjourned at 6:10 p.m. to the next regular meeting on November 16, 1981. MAYOR CITY CLERK