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HomeMy WebLinkAboutCC 1 MINUTES 09-08-81OF 'x'~ '~STIN ~ COUNCIL CHAMBERS 300 Centennial Way The meeting was called to order by Mayor Pro Tempore Hoesterey at 5:02 p.m. II. ~r~. CAL~ Councilpersons Present: Councilpersons Absent: O~hers Present= Edgar, Hoesterey, Kennedy, Saltarelli Sharp James G. Rourke, City Attorney Charles Thayer,. Interim City Manager Mary E. Wynn, City Clerk Mike Brote~kle, C~. Dev. Director Dale Wick, Assistant City Engineer PmyGonzales, Personnel Director Ronald Nault, Finance Director Royleen White, CoE~unity Services Director Approximately l0 in the audience ~A 0~DE~ ~IN~ 4. ~LT~ FO6T~ A~ BO~S/CTT~ OF T~STIN/BO~S' ~ ~m~ As requested by Mr. Foster and recommended by the City Attorney, this matter was considered at this time. The City Attorney sented the staff report and recommendation. It was moved b~. Saltarelli, seconded by Edgar, to approve the agreement between Walter Foster Art Books, City of Tustin, and Boys' Club of Tustin, and authorize Mayor and Clerk to execute same. Leonard ~oko, unincorporated area resident, spoke in opposition to the agreement, referring to his letter dated July 10, 1981, stating that he has not yet received a response. Councilman Saltarelli responded to some of Mr. Kroko's ~...-.,ents. Councilwoman Kennedy reminded Council that at the July 20 meet- ing she had requested and understood that a written response from the City Attorney would be made to Mr. Kroko, but the Min- utes reflected that Counctlm~n Edgar indicated he would follow- up on the matter and report to Council. The City Attorney stated he did not understand he had been directed to prepare a written response, but he did have a lengthy telephone conversa- tion with Mr. Kroko several months ago in which all points raised in subject letter were addressed. Following further discussion, the motion carried 3-1, F~nnedy opposed, Sharp absent. 45 III. P~LZC CO~ None CO~ENT Item 1 was removed from the Consent Calendar by Hoesterey. It was then moved by Saltarelli, seconded by Edgar, to approve the remain- der of the Consent Calendar. Carried 4-0, Sharp absent. 2. APP~OqAL OF DE~NDS in the amount of $269,018.87. P~%~rZFICJLTION OF PAX~Q~ in the amount of $188,084.99. ~TL%L OF CZAL~ OF J~a K. GP/rr~! DAT~ OF LOSS= 6-10-81, CLaX~O. 81-22 Deny claim of Julia K. Griffin as recommended by the City Attorney. 40 4e ~u,,~INGOrr~CZaLAS~IGN~T Assign Mike Brotemarkle, Community Development Director, as Building Official until further notice as reco---ended by Interim City Manager. 30 CITY COUNCIL MINUTES Page 2, 8-17-81 ~SOK~;TION NO. 81-95 - A P~solution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CITY OF TUSTIN FISCAL YEAR 1981-82 STREET MAINTENANCE PROGRAM AND DIRECTING THE CITY CLEP~K TO ADVERTISE FOR BIDS Adopt Resolution No. 81-95 as recomended by the Engineering Department. ( Budgeted Item) 95 RES0X/~TION NO. 81-96 - A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CITY OF TUSTIN FISCAL YEAR 1981-82 SLURRY SEAL PROGRAM AND DIRECTING THE CITY ~.m. RK TO ADVERTISE FOR BIDS Adopt Resolution No. 81-96 as recomended by the Engineering Department. ( Budgeted Item) 95 R~]TION NO. 81-97 - A Resolution of the City Council of the City of Tustin, California, SUPPORTING THE CONCEPTUAL PLAN FOR BOLSA CHICA ADOPTED BY TH~ ORANGE COUNTY BOARD OF SUPERVISORS Adopt Resolution No. 81-97 as recomended by Mayor Sharp. 87 T~ACT 10979 (S~mmms Square) - PU~-TC ~ROw~.~--~ (Developer expense ) Authorize the following as recommended by the City Engineer: a. Construction of a five-foot (5') wide sidewalk along the Main Street frontage of Tract 10979; b. Decorative paving at the #B# and #C# Street curb returns consisting of real brick or concrete-type pavers; and c. Brick paving within the parkway area at the entrance of the old Stevens house on Main Street. 99 EKT~NSION OF T~Ta~VE TRACT ~P NO. 10875 (15851 Pasadena, Tustin Arms II) Grant extension of Tentative Tract Map No. 10875 from October 6, 1981 to October 6, 1982 as recomended by the C~unity DeveloRment Department. 99 It was then moved by Edgar, seconded by Saltarelli, to approve the following Consent Calendar item: 1. APPROVBLOF~KK~TE~ - August 3, 1981. Carried 3-0, Kennedy abstained, Sharp absent. Vo OBD~ FOR I~%~qtOKKICX~O~- None VI · ADOPTIOt~ 1 · O~DINANCE NO. 856 - An Ordinance of the City Council of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO USES PERMITTED IN PUBLIC PARKS AND PLACES It was moved by Edgar, seconded by Saltarelli, that Ordinance No. 856 have second reading by title only. Carried 4-0, Sharp absent. Following reading of title by the City Clerk, it was moved by Edgar, seconded by Saltarelli, that Ordinance No. 856 be passed and adopted. H. Porter Wynn, 2201 Coco Palm, Sr. Minister of First Christian Church in Tustin, spoke in opposition to the ordinance. Council discussion followed with input from the C~......unity Ser- vices Director and Interim City Manager regarding deposit requirements, enforcement costs, and criteria for evaluating permit applicants. Councilwoman Kennedy suggested allowing a six-month trial period for the ordinance. Councilmen Edgar responded that if it proves to be a problem, the ordinance could be repealed through emergency measures. The motion carried 3-1, Hoesterey opposed, Sharp absent. 77 CITY COUNCIL MINUTES Page 3, 8-17-81 2e ORD~NANC~ NO. 85? - An Ordinance of the City Council of the City of Tustin, ESTABLISHING COMPENSATION FOR MEMBERS OF THE TUSTIN COMMUNITY REDEvelOPMENT AGENCY It was moved by Edgar, seconded by Saltarelli, that Ordinance No. 857 have second reading by title o~ly. Carried 4-0, Sharp absent. Following reading of title by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 857 be passed and adopted. Carried 4-0, Sharp absent. 81 It was moved by Kennedy, seconded by 'Edgar, ~o recess at 5=42 p.m. to the 7z30 p.m. evening session. Carried 4-0, Sharp absent. CI'T~ OOUNCXL P~ETING h,~3~mVmmSL~ 8:43 Following the Planning Agency meeting, the City Council meeting was called to order by Mayor Sharp at 8~43 P.M. Councilpersons Present= Councilpersons Absent: Others Present~ Edgar, Hoesterey, F~nnedy, Saltarelli, Sharp None James G. ~ourke, City Attorney Charles Thayer, Interim City Manager Mary E. Wynn, City Clerk Mike Brotemarkle, Comm. Dev. Director Dale Wick, Assistant City Engineer Roy Gonzales, Personnel Director Ronald Nault, Finance Director Royleen White, Come, unity Services Director R. Kenneth Fleagle, Consultant Captain Lowenberg, Acting Police Chief Captain Williams, Police Department Alan Warren, Senior Planner Ed Knight, Associate Planner Approximately 10 in the audience XXX. pUW~C FOR RIEIK)VAL OF AN 31[.LF.--d~. REAL ES'T]kTE SIGN Kathy Weil, 1702 S~rville, representing the Tustin Meadows Com- munity Association, requested that a very large real estate sign at 1872 Hampshire be removed. It is about five feet high and the post is a bright yellow "P". She said that this sign was unacceptable to their association and is in violation of the sign code. She was informed by staff that the real estate company could request a Vari- once. Mayor Sharp responded that this would be investigated and she and the association would be advised of any action. 93 IV. P~RT-~C BEa]~NC~3 1. CI"~Y OF T~STIN PARTICIPATIO~ W~TH TH~ COUNT~ OF ORANGE O/~ER ~ HOUS~ ~ C~HII..~n.L~.,.z D~ ACT (HCDA) (Continued Hearing) The Co.~...unity Develo~auent Director answered some of the question that the Council had at the last meeting. There is no require- ment under HCDA that the City must or shall participate with any funds. There are no matching requirements. Many cities choose to utilize some of their funds in conjunction with HCDA to accomplish certain public works projects. These projects often have higher priority but it is not a mandatory requirement that cities participate with their own funds. They may seek only HCDA funds to accomplish a particular project. The County of Orange is the legal applicant to the Federal Government under on urban county status. The City of Tustin is a participant under that program, even though we withdrew as far as project funding was concerned, but we continue to be listed in all the County applications and meet the quarterly progress report requirements of HCDA. CITY COUNCIL MINUTES Page 4, 8-17-81 The City has not taken advantage of some funds that could have been applied to public works projects or been ~art of the various housing programs. General Fund monies or RDA funds w~re used for the extension of Sixth Street for which a proposal could have been m~de to the County that a portion be funded hy HCDA rather than City General Funds. -The question is not whether the City is a ~articipant, because it is, bu~ whether or not we want to seek funds for projects that would benefit the City and its residents. The City Attorney concurred with Mr. Brot~kle' s report. There are legal requ/re~ents, and they are many and varied. Federal regulations are very extensive, and a project could be stop,ed or a claim ma~e after the fact to recover ~art of the funds from the City. The second problem that can ~evelop, whether you are in the program or not, is pressure to approve a project that cannot stand o~ its own merits. On the other hand, there are lawsuits where cities are being sue~ because they are not participating at all and people are alleging that by not ~ar~icipating the city is denying them of certain rights. He thought these proble~ are more theoretical than likely ~rac- tical problems. The Public Hearing was opene~ at 8:58 p.m. Nick Ogden, 13841 Red Hill, representing Tustin T.L.C. Seniors, reiterated that the low and mid~le-income senior citizens are faced with a problem of upgra~ing their ho~es. He understood that it is possible to receive a $5,008 loan for those that live in mobile homes. He urged Council's suppor~ of the program. Janet L. Schwartz, 10292 Overhill Drive, Santa Ana, a Tustin property owner at 175 Yorba St., spoke in support of the program. There being no further co~ents or objections, the Public Hear- ing was closed at 9:02 p.m. by Mayor Sharp. Councilwoman Kennedy expressed the need to be cautious and look at each project with monitoring by staff. It was moved by Kennedy, seconded by Edgar, that the City participate in the program and submit an initial request for three-year funding. Councilman Edgar was concerned about the program but thought there was an opportunity to capture some of the funds. Councilman Saltarelli felt this was a wolf in sheep's clothing under the guise of help and aid to the senior citizens. He thought it would be wiser to walt for the block grants that would not have any strings attached. We are one of the few cities that has not been involved in major lawsuits regarding our Housing Element, General Plan, etc., because we are not part of the programs that b~ve thousands of regulations which open us and our activities up to the scrutiny of Federal, State and County agencies. Councilman Hoesterey said he would really like to look at some way of obtaining money for our seniors to improve their houses hut he could see this becoming a funding mechanism for funding another set of a~ministrative procedures and the seniors will not benefit from it. Perhaps block grants would be a better way · Council~n Edgar explained that the amount of money the City received in the first two years of the program had a substantial value which far exceeded the support bureaucracy. The first year funded the plan for the redevelopment area and the second year put in a storm drain down E1 Cemino for about $150,000. He believed that the amount of money that can be expended will clearly exceed the bureaucracy of maintaining the paperwork. CITY COUNCIL MINUTES Page 5, 8-17-81 His concern which has been answered ~o his satisfaction is not whether or not the program itself will be financially advanta- geous, but whether we would have to change our way of doing business in terms of housing and housing assistance programs. He is pre~ared to vote for this tonight, and then if in the future we are told we must have a housing assistance program, he is ready to reverse his vote. The motion failed 2-3, Saltarelli, Hoesterey and Sharp opposed. 81 2. ZO~ig CH~GE 81-5 (14351 Red Hill Avenue) OI~TWA~CENOo 858 - An Ordinance of the City Council of the City of Tustin, REZONING PROPERTY ~ ZONE CHANGE APPLICATION 81-5 AT 14351 RED HILL AVENUE Councilman Saltarelli abstained from ~articipation on this matter due to real estate involvement 0~ the property. The Public Hearing was o~ened at 9:24 p.m. There being no coments or objections, the Public Hearing was closed and it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 858 have first reading by title only. Carried 4-0, Saltarelli abstained. Following the reading of the title by the City Clerk, it was moved by Edgar, seconded by Hoesterey, to introduce Ordinance No. 858. Carried 4-0, Saltarelli abstained. 110 It was moved by Edgar, seconded by Hoesterey, to convene the joint meeting with the Redevelopment Agency at 9=26 p.m. Carried 5-0. ~-UTION NO° 81-94- A Joint Resolution of the Redevelopment Agency and City Council of the City of Tustin, RECOY~4ENDING AMENDING THE FINANCIAL PLAN FOR THE TOWN CENTER AREA REDEVELOP- MENT PROJECT ORDzmANCENO. 855 - An Ordinance of the City Council of the City of Tustin, California, AMENDING THE FINANCIAL LIMITATIONS OF THE REDEVELOPMENT PLAN FOR THE TOWN CENTER AREA REDEV~.~.OPMENT PROJECT R. Kenneth Fleagle, Consultant, reported that the only addi- tional infor~tion to the written staff report was that there has been a lot of impact from citizens by way of calls, letters and inquiries. ~hen it was explained that there was no increase in ~axes or change in the area, they were happy that it was being proposed. He did not receive any correspondence from the County or the School District. The Public Hearing was opened at 9:30 p.m. There being no comments or objections, it was moved by Edgar, seconded by Saltarelli, to adopt Resolution No. 81-94. Carried 5-0. It was moved by Edgar, seconded by Kennedy, that Ordinance No. 855 have first reading by title only. Carried 5-0. Following the reading of the title of Ordinance No. 855 by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 855 be introduced. Carried 5-0. 81 It was moved by Edgar, seconded by Hoesterey, to adjourn the joint meeting and reconvene as the City Council at 9:32 p.m. Carried 5-0. CITY COUNCIT-. MINUTES Page 6, 8-17-81 2e CZT~' ~ k~wr/:~iG km~.'u~vadsJsu 9:32 P.M. FX. BUSINESS 1 · FOR ~IAN IBL~I~ ~0DIFI(~TIO~ ~ IRVII~ BOOLEFA~D (Unbudgeted Item - Funds from Surplus Construction Funds) It was moved by Edgar, seconded by Saltarelli, to appropriate the amount of $15,500 of general fund monies for the modifica- tion of median islands on Irvine Boulevard at the intersections of Mountain View and "A# Streets. Carried 5-0. (I[TXm ~.~ ~IFB - AESTHETIC ~ ~ X-5 It was moved by Edgar, seconded by Hoesterey, ~o appoint Frank Greinke as Tustin~s citizen representative to the Cal~rans Aesthetic Review Board. Carried 5-0. 28 Mayor Sharp requested that staff inform Mr. Greinke of Counctlls interest in being kept up-to-date on the Board"s actions. James F. Smith, 14702 Alder Lane, President of Peppertree Home- owners' Association and representing Mr. Speicher, said that the recommendations of staff have taken care of two or three of the complaints but not the unsightliness of the pedestrian cros- sing. He asked that shrubbery be planted in that area. Interim City Manager Thayer responded that if oleanders or simi- lar shrubbery were planted, it would be ~ngerous for Police Officers to come upon a shaded area, and any shrubbery would be to our detriment. It was moved by Saltarelli, seconded by Edgar, that the City request the aid of the special agents of the A.T. & S.F. Rail- road to help decrease the vandalism within the railroad right- of-way and for the City to continue a routine weed abatement program in this area but to forego the landscaping. Counctlpersons Kennedy and Hoesterey requested that staff con- tinue to monitor this situation. Motion carried 5-0. 101 Action on this item was taken at the afternoon meeting and is recorded on Page 1 of these Minutes. B~iETA~v LAnDSCAPInG (Unbudgeted) Councilma_n Edgar suggested landscaping about one-third of the area proposed in the staff report. Councilman Saltarelli did not feel the cost was Justified at this time and was in favor of just keeping the weeds cut. It was moved by Saltarelli, seconded by Eoesterey, to delay any action on this item until such time as the Master Plan for Col~hus Tustin Park has been completed and approved. The Community Services Director reported that the Master Plan for Columbus Tustin Park would be ready about May, 1982 and in the budget for FY 1982-83. Councilman Edgar withdrew his suggestion because the chain link fence encroaches on City property. CITY COUNCIL MINUTES Page 7, 8-17-81 4e Councilwoman Kennedy requested the motion include that this area be considered in the early ~ar~ of planned development for the park. Councilman Saltarelli responded that it would depend un what the Master Plan shows for the area. Royleen ~hite, Com~unity Services Director, explained citizens would be working with staff on the Master Plan and it would be more appropriate to make a recommendation at that time. George Banks, Beneta Way, asked if the City was discarding the old Col~,hus Tustin Park plan. Ms. White responded that it was not a Master Plan but a schematic plan. Mr. Banks said residents were pleased with ~mprovements thus far and were looking forward to further changes and that many residents would be willing to serve on the Master Plan co~nittee. Councilm~n Edgar stated he would support the motion but would like to confirm with the City Engineer how much the fence encroaches on City proper~y. The motion carried 5-0. 8.B. 821 1981-82 It was mooed by Saltarelli, seconded by Hoesterey, to approve the construction of the handicapped ramps as proposed, au~horiz- lng the City Engineer as the designated contact person 'and authorizing submittal of t_he application for all funds available to the City of Tustin for Fiscal Year 1981-82. Carried 5-0. ~ OF BID POR~-~A~ P~ SIDE~L~ Ik~0v~__.& ~ II (Budgeted Item) Bids for the project were opened on August 6, 1981 at 9:00 a.m. and were received as follows: Contractor Bid Amount Changing Times Enterprises Inc., Buena Park J. Kovac, Huntington Beach Por~er Construction Co., Inc., Santa Ana Nobest Incorporated, Westminster B-1 Enterprise Corporation, Rancho Cucamonga Granstrom Construction Inc., Gardena Fl~m4ng Engineering Inc., Buena Park Industrial Fence & Supply Inc., Long Beach EGN Construction Inc., Baldwin Park BJ Construction Co., Monterey Park Luz Pina General Engineering, Los Alamitos Dyno Construction Inc., San Dimas J. To Garza Construction Inc., Paramount $33,532.28 34,847.73 36,782.63 38,197.06 40,304.51 40,522.00 41,232.90 41,445.92 41,698.00 43,787.33 44,525.21 55,773.20 77,576.00 It was mooed by Saltarelli, seconded by Hoesterey, to award the contract for subject project to Changing Times Enterprises Inc., Buena Park, in the amount of $33,532.28. Carried 5-0. AD~Ou~ OF ~ COUNCIL ~ IN ~DR~ OF SO~ON~ DECE~q~) It was moved by Saltarelli, seconded by Hoesterey, to adopt the procedures for adjourning Council meetings in memory of someone deceased as contained in the staff report from the City Clerk, dated August 6, 1981, and direct the City Clerk to have the "Official Adjournment" forms printed on parchment paper. Motion carried 5-0. 84 CITY COUNCIL MINUTES Page 8, 8-17-81 50 ~ FOR PAIB~ PI%OtLLUJ.,..LOH O~ VAmJ]~tm~a(~ LaHS It was moved by Kennedy, seconded by Edgar, to authorize the prohibition of o~-street parking along the southerly side of Vandenberg Lane between Yorba St. and Prospect Ave. during the hours of street sweeping (6=00 a.m. to Noon) on Tuesdays. Councilman Edgar requested information on prohibiting parking on both sides of the street. A written report on this will be pre- pared for the next meeting. Motion carried 5-0. 75 ~ OF BID - ~Tv~.vT~ T~J~OR ~ ~)~K (Financed through Equipment Fund) One bid was received from Foothill Garden Equipment, Inc. in the amount of $7,615.94 for a John Deers 2 cylinder diesel tractor equipped with a model 160 72" rotary mower. An informal quote was received from McCoy Ford Tractor in the amount of $8,000 to $10,000. This price quote was for a comparable unit, although a larger tractor than what is needed. It is a foreign made unit and is a four-wheel vehicle which is not necessary for our type of operation. It was moved by Edgar, seconded by Hoesterey, to award the bid in the amount of $7,615.94 to Foothill Garden Equipment, Inc., Orange, fo~ a John Deers 2 cylinder ~iesel tractor equipped with a model 160 72" rotary mower. Carried 5-0. ~7 70 ~~-a~O~ FOR 4-Way STO~ AT S~m~ & CARFAX A~ VII. B~IN~S 1. It was moved by Hoesterey, seconded by Saltarelli, that stop controls on Sycamore Avenue not be installed because the inter- section of Sycamore Avenue and Carfax Avenue does not meet the standard warrants for 4-way stop installations; the intersection be studied for school crossing guard type of control hopefully before school starts; and to look into directing traffic to Service Rd. instead of Sycamore Avenue. Councilwoa-n F~nnedy was in favor of looking into red curbing on Sycamore and Carfax. The motion carried 5-0. ~TIC$I NO. 81-98 - A Resolution of the City Council of the City of Tustin, FIXING AND DETERMINING THE AMOUNT OF REVENUE REQUIRED FROM PROPERTY TAXES OF THE CITY OF TUSTIN AND FIXING THE RATE OF TAXES OM THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO SERVICE THE DEBT OF THE GENERAL OBLIGATION BONDS OF THE CITY FOR THE FISCAL YEAR 1981-82 It was moved by Edgar, seconded by Kennedy, to adopt Resolution No. 81-98. Carried 5-0. 97 E~KJKSTFOR~&zvs ~XON Interim City Manager Thayer asked for a short executive session for personnel matters following the meeting. Council concurred. Councilman Saltarelli complimented the Community Services Direc- tor for an excellent first year and the Police Department for running so smoothly and its handling of the acid spill. He com- mented that Acting Police Chief Lowenberg and Captain williams were doing a goo~ job. CITY COUNCIL MINUTES Paqe 9, 8-17-81 Councilman Edgar agreed and further stated he was impressed by the candid deficiencies contained in the acid spill report. We rarely have the opportunity for a full scale test. He requested that Captain Willi~me prepare a report in an objective fashion on what we ~id right and what we did wrong and perhaps send it to Santa Ana to sho~ our learning experience. He stated that at the League of Cities meeting, it was reported that we are getting closer and closer to a major earthquake in this area and he urged that we make an analysis of the deficiencies of the Fricker Company and give them a short time to comply with reco~nendations. Mr. Thayer responded that we are doing Just that · Councilwoman Kennedy was in favor of trying to recapture costs from the Fricker Company. The City Attorney stated that Fricker's insurance company has agreed to take care of the clean-up costs, but we should wait until an investigation can be made about recovering Police and Fire costs as this would be the same as charging a person whose bmuse burns down. Councilman Hoesterey echoed the feelings of Mr. Saltsrelli and said he would be looking for requests from Captain Williams for multi-mobile phones in some of the Police units. Councilman Edgar als° complimented Ron Nault un the professional report on the Water Department and said that it addresses all the concerns that he had. Councilwoman Kennedy urged that we lobby to the Board of Supervisors against putting a Toxic Waste Station in Tustin before it goes any further. Mayor Sharp reported that there is a study for the whole County and that grou~ met about three weeks ago for the first t4m~ and ell they have talked about is how to contract with a consultant. He said he would keep the Council advised on this matter. AD~OU~O~ It wes moved by Hoesterey, seconded by Kennedy, to adjourn at 10:33 p.m. to an Executive session for personnel matters and thence to the next regular meeting o~ September 8, 1981 (Tuesday). MAYOR