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HomeMy WebLinkAboutCC MINUTES 1988 02 01MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FEBRUARY 1, 1988 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Edgar at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Prescott, and the Invocation was given by Mayor Edgar. II. ROLL CALL Councilpersons Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Charles R. Thayer, Chief of Police Robert S. Ledendecker, Dir. of Public Works Royleen A. White, Dir. of Com. & Admin. Srvcs. Ronald A. Nault, Finance Director Christine Shingleton, Dir. of Com. Development Captain Wakefield, Police Department Susan Jones, Recreation Superintendent Lloyd Dick, Building Official Steven Rubin, Senior Planner Janet Hester, Executive Coordinator Approximately 25 in the Audience III. REORGANIZATION OF THE CITY COUNCIL It was moved by Kennedy, seconded by Prescott, that Ronald Hoesterey be nominated as Mayor for the term ending November 15, 1988. Carried 5-0. Mayor Edgar relinquished the chair to newly appointed Mayor Hoesterey who thanked the Council for his nomination. Councilman Edgar nominated Ursula E. Kennedy for Mayor Pro Tem and a unanimous ballot was cast. 38 IV. PRESENTATIONS 1. PRESENTATION OF PLAQUE TO FORMER MAYOR EDGAR Mayor Pro Tem Kennedy presented Councilman Edgar with a plaque honoring him for completion of his third term as Mayor. Mayor Hoesterey thanked Counilman Edgar and spoke regarding future agendas of the implementation of the East Tustin Plan, Marine Base, and many other activities. ous commissions and committees will be meeting. He invited everyone to remain brating the reorganization of the Council following the meeting. 2. PAYMENT OF PARK BONDS COMPLETED for his service as Mayor Council which include the the roadway through the Appointments to the vari- made at the February 16 for the reception cele - to be held in City Hall 38 Councilman Edgar, former Chairman of the Park Commission in 1971 when the Park Bonds were passed, informed the audience that this was a time for rejoicing because the Park Bonds are fully paid. He acknowledged former Mayor Tony Coco, and former Councilmembers Larry Marsters, Len Miller, Bob Oster, and Cliff Miller (deceased) who served when the Park Bonds were originally issued. CITY COUNCIL MINUTES Paye 2, 2-1-88 Councilman Edgar also acknowledged former Park Commissioners and read a letter from former Commissioner Fleming who was unable to attend. 77 3. PROCLAMATION - LIONS CLUB 40TH ANNIVERSARY Mayor Hoesterey presented a proclamation to Lions Club President Fred Wakefield, in recognition of their 40th Anniversary. Captain Wakefield thanked the Council, and introduced club members who were present in the audience. 84 Mayor Hoesterey took time at this point to introduce former Mayors Frank Greinke and Don Saltarelli who were also present in the audi- ence. V. PUBLIC HEARINGS - None. VI. PUBLIC INPUT John Hinnant, 14722 Brookline Way, requested a status report regarding the property at 17592 Amaganset Way. The City Attorney responded that a complaint will be filed on Tuesday or Thursday seeking recovery of monies owed to the City and seeking court orders against the owners to maintain subject property. The City Attorney added that pursuing the insurance company as possible leverage was not appropriate. He explained to Mr. Hinnant what the legal procedure is from this point on, and he expects the matter will be resolved before it comes to trial. 81 VII. CONSENT CALENDAR It was moved by Edgar, seconded by Kelly, to approve the entire Consent Calendar. The motion carried 5-0. 1. APPROVAL OF MINUTES - JANUARY 18, 1988, REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,061,906.94 RATIFICATION OF PAYROLL IN THE AMOUNT OF $171,459.01 50 3. RESOLUTION NO. 88-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS ADEQUATE TO SERVE AS THE PRO- GRAM EIR FOR VESTING TENTATIVE TRACT MAP 13274, WITH THE ADOPTION OF AN ADDENDUM TO SAID EIR AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 88-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE TRACT MAP NO. 13274 Adopted Resolutions No. 88-8 and No. 88-9 as recommended by the Planning Commission and Community Development Department. 99 4. REJECTION OF CLAIM NO. 87-47; CLAIMANT: DONALD E. JEFFERSON; DATE OF LOSS: 11/27/87; DATE FILED WITH CITY: 12/28/87 Rejected Claim No. 87-47 personal injuries in the amount of $15,000.00 as recommended by the City Attorney. 40 5. MAIN STREET PARKING TIME ZONES Pursuant to Council action on January 18, 1988, authorized placement of a "Two Hour Any Time" parking restriction along the southerly side of Main Street adjacent to the Town Center Development and westerly of the easterly driveway to the westerly boundary of said development, as recommended by the Public Works Department/Engineering Division. 75 6. WATER SERVICE RATE ANALYSIS Authorized the Mayor and City Clerk to execute the Professional Services Agreement with IWA Engineers to conduct a water rate analysis evaluation in the amount of $4,800.00 as recommended by the Public Works Department/Water Division. 45; 88-5 CITY COUNCIL MINUTES Paye 3, 2-1-88 7. RESOLUTION NO. 88-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF WATER MAIN REPLACEMENTS IN MYRTLE AVENUE, "C" STREET, KENNETH DRIVE AND KEITH PLACE AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopted Resolution No. 88-10 as recommended by the Public Works Department/Engineering Division. 107 8. RESOLUTION NO. 88-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING PLACEMENT OF CERTAIN STOP SIGNS (LORETTA DRIVE AND LEAFWOOD DRIVE) Adopted Resolution No. 88-11 pursuant to Council action on January 18, 1988, as recommended by the Public Works Depart- ment/Engineering Division. 94 9. IMPLEMENTATION OF LEFT -TURN PHASING AT WALNUT AVENUE & CHERRYWO00 LANE Pursuant to Council action on January 18, 1988, authorized a supplemental budget appropriation in the amount of $9,300.00 to the 1987-88 Budget for implementation of left -turn phasing at the intersection of Walnut Avenue at Cherrywood Lane as recom- mended by the Public Works Department/Engineering Division. 94 VIII. ORDINANCE FOR INTRODUCTION 1. CITY COUNCIL COMPENSATION - ORDINANCE NO. 1000 Continued from January 18, 1988. A proposed ordinance to increase compensation from $400 to $440 per month, last adjusted in September, 1985. The increase would become effective at the begin- ning of a new term of any Council person following the next munici- pal unici- pal election. Councilman Edgar stated that the law's intent is very clear, that the increase is not exorbitant, and that it is for future Councils. It was moved by Edgar, seconded by Kennedy, that Ordinance No. 1000 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 1000 by the City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 1000 be introduced as follows: ORDINANCE NO. 1000 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO COUNCIL COMPENSATION Mayor Pro Tem Kennedy was supportive, based on the responsible behavior of this Council and past Councils to increase compensation very close to the cost -of -living increase. Councilman Kelly reiterated his opposition on the matter. The motion carried 3-2, Kelly and Prescott opposed. 38 IX. ORDINANCES FOR ADOPTION - None. X. OLD BUSINESS 1. JOHN WAYNE AIRPORT NOISE STUDY - UPDATE An ongoing status report on the John Wayne Airport Noise Monitoring Y P 9 Program. The staff report and recommendation were presented by the Community Development Director as contained in the inter-com dated February 1, 1988, prepared by the Community Development Department. It was moved by Kelly, seconded by Edgar, to receive and file sub- ject report dated February 1, 19-8-9—,prepared by the Community Development Department. Carried 5-0. 101 Councilman Prescott noted that today's Los Angeles Times had a nice article on the issue, and recommended it for reading. CITY COUNCIL MINUTES Page 4, 2-1-88 2. AUTHORIZATION TO ADVERTISE BIDS FOR EMBOSSED CONCRETE MEDIAN PAVING IMPROVEMENTS Continued from January 18, 1988. Staff has provided photographs and a map indicating the individual areas (11 locations) of pro- posed median paving. Council/staff discussion followed regarding the inter-com dated January 26, 1988, prepared by the Public Works Department/Engineer- ing Division. It was moved by Edgar, seconded by Kennedy, to delete Areas 1, 2 and 3 from removal of existing landscaping; continue Area 6 for a staff report on a detailed landscape plan and cost estimate; and direct staff to proceed with their recommendations on the remaining seven areas (4, 5, 7, 8, 9, 10, 11). The motion carried 5-0. 92 3. NEWPORT/MCFADDEN AVENUE UNDERGROUND UTILITY DISTRICT NO. 10 Continued from January 18, 1988, for additional information. It was moved by Edgar, seconded by Kennedy, to continue subject item to February 16, 1988, for completion of research on the matter as recommended by the Public Works Department/Engineering Division in the inter-com dated January 27, 1988. The motion carried 5-0. 104 XI. NEW BUSINESS 1. AWARD OF CONTRACT - SIERRA VISTA, KAREN WAY, JAN MARIE A PANKEY WELL SITE STREET AND STORM DRAIN IMPROVEMENTS Bids for subject project were submitted on January 26, 1988. The low bid is 10.8% over the Engineer's estimate. This project is partially funded with HCDA monies (City Share - $60,930.00; HCDA Share - $158,575.00). Elser Construction, Yucaipa $219,505.00 R.L.T. Construction, Santa Ana $222,478.76 Larry Pennuri, Baldwin Park $224,554.50 Spear Pipeline, Orange $225,000.50 Jana Contracting, Buena Park $225,149.00 Gillespie Construction, Costa Mesa $234,050.00 John T. Malloy $243,894.75 Colich & Sons, Gardena $260,712.50 Clayton Engineering, Laguna Hills $276,729.80 It was moved by Edgar, seconded by Kelly, to award the contract for subject project to the low bidder Elser Construction, Yucaipa, in the amount of $219,505.00 as recommended in the inter-com dated January 26, 1988, prepared by the Public Works Department/Engineer- ing Division. Carried 5-0. 107 2. AWARD OF CONTRACT FOR TRAFFIC SIGNAL IMPROVEMENTS, FEDERAL PROJECT NO. HES - DODS (241) Bids for subject project were submitted on January 7, 1988. The low bid is 9.8% over the Engineer's estimate. Baxter -Griffin Company, Stanton $129,840.00 Paul Gardner Corporation, Ontario $136,852.00 F.J. Johnson, Inc., Anaheim $137,697.00 Steiny & Company, Fullerton $139,505.00 This project provides for upgrading and modifications of traffic signals at Newport Avenue/Irvine Boulevard; Newport Avenue/First Street; Newport Avenue/E1 Camino Real; and Red Hill Avenue/Bryan Avenue. As recommended in the inter-com dated January 26, 1988, prepared by the Public Works Department/Engineering Division, it was moved by Edgar, seconded by Prescott, to: CITY COUNCIL MINUTES Page 5, 2-1-88 1) Award the contract to the low bidder Baxter -Griffin Company, Inc., Stanton, in the amount of $129,840.00; and 2) Approve an additional appropriation of $19,500.00 from the General Fund. The motion carried 5-0. 3. CHANGE OF ZIP CODES FOR ANNEXATION NO. 138 94 Subject item was agendized following a request for assistance from Mr. Gerald Feldman under Public Input at the January 18, 1988, meeting. The Community Development Director requested clarification on Coun- cil direction as to whether the consensus was that a letter be sent to the local Congressman or to the local Postmaster. Councilman Edgar felt the direction with the most potential for being effective would be a letter to Congressman Badham. It was moved by Edgar, seconded by Kelly, to authorize a letter to be written to Congressman Badham requesting him to intervene and assist in having a zip code change for Annexation No. 138 area. Council discussion followed. Mayor Pro Tem Kennedy expressed preference to follow the chain of command by Council first contacting local officials, and proceeding from there. Councilman Edgar stated his concern that both Mr. Feldman and staff have already made those attempts, although not with the formality of a City Council directive. A substitute motion was made by Kennedy, seconded by Hoesterey, that the City Council, through the Mayor, approach the area Post- master to authorize a zip code change for Annexation No. 138 area, and if unsuccessful within a month, proceed by contacting Congress- man Badham for his assistance in solving the problem. After further discussion, the motion carried 5-0. 103 XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JANUARY 25, 1988 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. After a brief question- and -answer period, it was moved by Kennedy, seconded by Prescott, to ratify the entire Planning Commission Action Agenda of January 25, 1988. The motion carried 5-0. 80 2. MID YEAR BUDGET REVIEW It was moved by Edgar, seconded by Kennedy, to authorize the following appropriations: 1) Revenue Appropriation in the Landscape/ Lighting District. $96,000.00 2) General Fund Expenditures: A. City Clerk $ 3,500.00 B. City Attorney $ 69,000.00 C. Administrative Services $ 14,000.00 D. Public Works $108,100.00 3) Risk Management $145,000.00 4) Health Benefits $ 75,000.00 Motion carried 5-0. 29 CITY COUNCIL MINUTES Page 6, 2-1-88 XIII. OTHER BUSINESS 1. REQUEST FOR PROCLAMATION - JABERWOCKY Mayor Pro Tem Kennedy requested a proclamation be presented at the February 16 meeting to the Jaberwocky shop owner after doing 30 years' business in an historical building in the downtown area. Council concurred. 84 2. SAN DIEGO PIPELINE - REIMBURSEMENT TO CITY FOR CLEAN-UP COSTS Mayor Pro Tem Kennedy stated that during the public hearing on the San Diego Pipeline franchise, a company officer stated that San Diego Pipeline had reimbursed the City for its expenses (Police and security) during the toxic spill clean-up. She noted that the mat- ter is now before the Fish and Game Commission. She stated for the public record that the City has not been reimbursed as of yet for taxpayers' money spent to help clean up the spill. 81 3. EASTERN/FOOTHILL TRANSPORTATION CORRIDOR - MEMORANDUM OF UNDER- STANDING Councilman Edgar stated that agreement on alignment of the Eastern/Foothill Transportation Corridor is very close to frui- tion. A February 4 meeting of the cities and homeowner groups will hopefully confirm the alignment. It will then be appropriate for Council to publicly confirm the alignment as a group in order to mutually share in the MOU for same. Both Irvine and Orange will hold their regular Council meetings on February 9 to consider the matter. He suggested an adjourned regu- lar meeting on February 8 at 7:00 p.m. Prior to that, he urged other Council members to meet with the City Manager and City Engi- neer to become completely familiarized with the consensus being reached. He was very pleased that the consensus will be environ- mentally sensitive. Following discussion, Council concurred to adjourn to Monday, February 8, 1988, at 5:00 p.m. to discuss the Memorandum of Under- standing for the Eastern/Foothill Transportation Corridor. 100 4. COUNCILMAN EDGAR - TENURE AS MAYOR Councilman Edgar reflected on his Mayoral term, and expressed pride in the City, the City Council, and its achievements. He stated his belief that there is no shortage of problems or challenges and that Tustin is one of the finest cities in the County and State, with one of the finest Councils in the State. He noted that the plea- sure of serving as Mayor is very rewarding. 38 5. CITY CLERK COMPENSATION Councilman Prescott requested that the matter of a salary increase for the City Clerk be agendized for the February 16 meeting. 37 XIV. ADJOURNMENT At 7:43 p.m., the meeting was recessed to the Redevelopment Agency, and thence adjourned to an Adjourned Regular Meeting on Monday, February 8, at 5:00 p.m. and thence to the next Adjourned Regular Meeting on t Tuesday, February 16, 1988, at 7:00 p.m. by unanimous informal consent. _! C_,w C8Y CLERK•