HomeMy WebLinkAboutCC MINUTES 1991 01 07MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
JANUARY 7, 1991
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE
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 Mayor Pro Tem Puckett.
r.JI. INVOCATION
The Invocation was given by Mayor Edgar.
III. ROLL CALL
Council Present: Richard B. Edgar, Mayor
Charles E. Puckett, Mayor Pro Tem
Leslie Anne Pontious (arrived at 7:20 p.m.)
Jim Potts
Earl J. Prescott
Council Absent: None
Others Present: William A. Huston, City Manager
James G. Rourke, City Attorney
Mary E. Wynn, City Clerk
Christine Shingleton, Dir./Community Development
W. Douglas Franks, Chief of Police
Robert Ledendecker, Director of Public Works
Rita Westfield, Asst. Dir./Community Development
Susan Jones, Recreation Superintendent
Valerie Whiteman, Chief Deputy City Clerk
Julie Carter, Administrative Assistant
Approximately 30 in the audience
IV. PROCLAMATION - COMMUNITY SERVICE RECOGNITION, CHUCK MORALES
Mayor Edgar read and presented a proclamation to Chuck Morales who
was recognized for his fund raising efforts in the community.
Chuck Morales thanked the Council for the recognition and stated he
had owned and operated Barro's Pizza for the past 15 years and was
grateful to the community for their business. He stated one way to
show his appreciation, especially to children, was through fund
raising events supporting local schools and churches.
V. PRESENTATION - MOULTON PARKWAY SUPER STREET STUDY, DATA AND
PRELIMINARY RECOMMENDATIONS (OCTC)
Roger Hohnbaum, Road Program Manager for Orange County Environmental
Management Agency (EMA), reported on the Orange County EMA's
feasibility study of developing Moulton Parkway into a Super Street
and recommended a roadway consisting of 4 lanes maximum.
Councilmember Prescott stated the Council supported the Moulton
Parkway Super Street project.
Mayor Edgar questioned how future City traffic improvements such
as: Jamboree Road through the Marine Corps Air Station, Tustin;
extension of Tustin Ranch Road to Moulton Parkway; and the possible
extension of Newport Avenue beyond Edinger Avenue; would impact the
Super Street project.
Margaret Hope, 14572 Westfall Road, Tustin, asked how the number of
traffic signals on Edinger Avenue (Moulton Parkway) would be
affected by the Super Street.
Mayor Edgar replied that Super Streets receive priority in traffic
signal synchronization.
VI. PUBLIC HEARING - None
CITY COUNCIL MINUTES
Page 2, 1-7-91
VII. PUBLIC INPUT
FUTURE SOUND WALLS IN TUSTIN RANCH
Herb Rockoff, Shadowbrook Homeowners' Association, questioned if the
homeowners would be assessed for the cost of future sound -walls -in
Tustin Ranch.
William Huston, City Manager, replied the homeowners would not be
financially responsible if future sound walls were installed.
Mayor Edgar said if the City would construct future sound walls on
Jamboree Road and use Assessment District funds, payoff of the bonds
would be delayed to the homeowners.
VIII. CONSENT CALENDAR
Item Nos. 11, 14 and 18 were removed from the Consent Calendar by
Mayor Edgar and Item No. 21 was removed from the Consent Calendar by
a member of the audience. It was moved by Puckett seconded by
Prescott, to approve the remainder of the Consent Calendar. Motion
carried 5-0.
1. APPROVAL OF MINUTES - DECEMBER 17, 1990 REGULAR MEETING
Approved the City Council Minutes of December 17, 1990.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Approved Demands in the amount of $3,133,506.96 and ratified
Payroll in the amount of $535,347.26. 50
3. REJECTION OF CLAIM NO. 90-46 - CLAIMANT, DENNIS McCOURT; DATE OF
LOSS, 7/12/90; DATE FILED WITH CITY, 12/6/90
Rejected subject claim for personal injury and general damages
of an undetermined amount. 40
4. REJECTION OF CLAIM NO. 90-48 - CLAIMANT, SOUTHERN CALIFORNIA GAS
COMPANY; DATE OF LOSS, 8/23/90; DATE FILED WITH CITY, 12/11/90
Rejected subject claim for property damage in the amount of
$3,342.31. 40
5. REJECTION OF CLAIM NO. 90-41 - CLAIMANT, JON THORNE; DATE OF
LOSS, 10/20/90; DATE FILED WITH CITY, 11/6/90
Rejected subject claim for property damage in the amount of
$522.50. 40
6. REJECTION OF CLAIM NO. 90-47 - CLAIMANT, JAMES JONES; DATE OF
LOSS, 7/19/90; DATE FILED WITH CITY, 12/10/90
Rejected subject claim for property, personal injury and
general damages of an undetermined amount. 40
7. REJECTION OF CLAIM NO. 90-44 - CLAIMANT, OSCAR FLORES; DATE OF
LOSS, 9/11/90; DATE FILED WITH CITY, 12/3/90
Rejected subject claim for personal injury damages in the
amount of $100,000. 40
8. AWARD OF CONTRACT FOR PURCHASE OF 9MM SEMI-AUTOMATIC PISTOLS
Authorized the purchase of 9mm semi-automatic weapons from
Uniforms Incorporated, Las Vegas, Nevada, in the amount of
$32,8876.20. 82
9. RESOLUTION NO. 91-5 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR WATER MAIN
REPLACEMENT ON BROWNING AVENUE, ENRAMADA DRIVE AND ORVILLINA
DRIVE
Adopted Resolution No. 91-5 accepting said work and
authorizing the recordation of the Notice of Completion. 86B
10. RESOLUTION NO. 91-4 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR WATER MAIN
CITY COUNCIL MINUTES
Page 3, 1-7-91
REPLACEMENT ON PROSPECT AVENUE, GARLAND AVENUE, WREATH PLACE AND
CHAPLET PLACE
Adopted Resolution No. 91-4 accepting said work and
authorizing the recordation of the Notice of Completion. 86B
12. RESOLUTION NO. 91-1 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR CONSTRUCTION
OF TRAFFIC SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS
Adopted Resolution No. 91-1 accepting said work and
authorizing the recordation of the Notice of Completion. 86B
13. RESOLUTION NO. 91-3 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION AND
CERTIFICATION AGREEMENT FOR THE CERTIFIED LOCAL GOVERNMENT
HISTORIC PRESERVATION PROGRAM
Approved the filing of an application for certification under
the Certified Local Government Historic Preservation Program
at the expanded level of participation; and appointed the
Community Development Director or her authorized deputy as
agent of the City to coordinate, process, and execute all
contracts, agreements, amendments, and ancillary documents
within the scope of the application for certification by
adopting Resolution No. 91-3. 81
15. PROFESSIONAL SERVICES AGREEMENT FOR THE WATER MAIN REPLACEMENT
PROJECTS ON THEODORA DRIVE, LIVINGSTON AVENUE, LILLIAN WAY,
CANDEDA PLACE, ROMANZA PLACE, LEON PLACE AND LEON WAY
Approved a professional services agreement with Norris-Repke,
Inc., for the water main replacement projects on Theodora
Drive, Livingston Avenue, Lillian Way,=-Candeda Place, Romanza
Place, Leon Place and Leon Way in the amount of $17,488.00 and
authorized execution of the agreement by the Mayor and City
Clerk. 45
16. PROFESSIONAL SERVICES AGREEMENT FOR THE WATER MAIN REPLACEMENT
PROJECTS ON WOODLAND DRIVE, ZIG ZAG WAY AND "Bn STREET
Approved a professional services agreement with GPS Consulting
Civil Engineers for the water main replacement projects on
Woodland Drive, Zig Zag Way and "B" Street in the amount of
$11,640.00 and authorized execution of the agreement by the
Mayor and City Clerk.
45
17. PROFESSIONAL SERVICES AGREEMENT FOR THE WATER MAIN REPLACEMENT
PROJECT ON NEWPORT AVENUE FROM EDINGER AVENUE TO WALNUT AVENUE
Approved a professional services, agreement with -DGA
Consultants, Inc. for the water main replacement project on
Newport Avenue from Edinger Avenue to Walnut Avenue in the
amount of $13,286.00 and authorized execution of the agreement
by the Mayor and City Clerk. 45
19. SALE OF SURPLUS SCRAP METAL
Received and filed notice of sale of scrap metals in the
amount of $450.00 to Atwood Auto Wreckers. 86
20. PURCHASE OF EQUIPMENT
Authorized the Public Works Department/Field Services Division
to purchase specified replacement equipment approved in the
fiscal year 1990-91 budget. 86
CONSENT CALENDAR NO. 11 - PROFESSIONAL SERVICES AGREEMENT FOR RIGHT-
OF-WAY ENGINEERING AND FINAL DESIGN OF YORBA STREET (FIRST STREET TO
IRVINE BOULEVARD)
Mayor Edgar questioned if the undergrounding of utilities was part
of the plan.
Robert Ledendecker, Director of Public Works, replied it was.
It was moved by Edgar, seconded by Puckett, to approve a
professional services agreement with P & D Technologies for the
right-of-way engineering and final design of Yorba Street (First
Street to Irvine Boulevard) in the amount of $47,770.00, authorize
execution of the agreement by the Mayor and City Clerk, and include
CITY COUNCIL MINUTES
Page 4, 1-7-91
the statement for undergrounding utilities on Yorba Street between
Irvine and First Street.
Motion carried 5-0.
CONSENT CALENDAR NO. 14 - MAIN STREET RESERVOIR
45
Mayor Edgar asked if all the reservoirs in Tustin could be
simultaneously planned.
Robert Ledendecker, Director of Public Works, responded that the
reason the City began with the Main Street location was to determine
the maximum size for that site. Once this site investigation was
completed, future site investigations could proceed.
It was moved by Edaar, seconded by PontiousIto authorize staff to
solicit proposals for the preparation of the site investigation/plan
and environmental documentation for a 2.2 million gallon reservoir
at the Main Street site and authorize a supplemental budget
appropriation in the amount of $40,000 from the Water Capital Fund.
Motion carried 5-0.
107
CONSENT CALENDAR NO. IS - RESOLUTION NO. 91-2 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR TRAFFIC SIGNAL AND STREET IMPROVEMENTS AT VARIOUS
LOCATIONS AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS
Mayor Edgar wanted to inform the public of the City's commitment to
improving traffic signals.
It was moved by Edaar, seconded by Potts, to adopt Resolution No.
91-2 approving plans and specifications for subject project and
directing the City Clerk to advertise for bids.
Motion carried 5-0.
CONSENT CALENDAR NO. 21 - NON-PROFIT ORGANIZATION FUNDING
RECOMMENDATION
David Nisson, President of the Tustin Area Historical Society,
requested the Tustin Historical Society receive a portion of the
non-profit organization funding. He said the Historical Society had
not been included on the mailing list used by the Non -Profit
Assistance Task Force to notify the non-profit groups of the
available funding and, therefore, did not have the opportunity to
apply for funding.
It was moved by Potts seconded by Prescott, to continue this item
to allow the Non -Profit Assistance Task Force to review the request
by the Tustin Area Historical Society.
Mayor Edgar said he was in favor of immediately allocating $2,000 to
the Tustin Area Historical Society by increasing the available funds
from $30,000 to $32,000.
Councilmember Prescott requested the Tustin Boys and Girls Club
receive an additional $2,000.
Council/staff discussion followed regarding validity of increasing
funds to the Boys and Girls Club; and increasing the total funding
available for financial assistance.
As a subsriture mOL1Vu--------
to approve as recommended by the Task Force, the following funding
levels for 1990-91 financial assistance to Tustin area non-profit
groups: Assistance League of Tustin - $5,000, Boys and Girls Club
of Tustin - $3,000, Central Orange County YWCA - $2,000, COPES -
$2,500, Feedback Foundation, TLC - $5,000, Laurel House - $4,000,
Meals on Wheels - $2,500, Orange County Ombudsman Service - $1,500,
Tustin High School Grad Nite 191 - $2,500, the Villa Center -
$2,000, and to increase the Non -Profit Organization Funding from
$30,000 to $34,000 with disbursements as follows: an additional
CITY COUNCIL MINUTES
Page 5, 1-7-91
II.
$2,000 to the Boys and Girls Club of Tustin and $2,000 to the Tustin
Area Historical Society.
Substitute motion carried 5-0.
41
Mayor Edgar commended the Non -Profit Assistance Task Force on>:an
excellent job.
ORDINANCES FOR INTRODUCTION
1. ORDINANCE NO. 1056 - AMENDMENT TO SECTION 1140 OF TUSTIN CITY
CODE/ADMINISTRATIVE MANDAMUS
It was moved by Puckett seconded by Pontious, that Ordinance
No. 1056 have first reading by title only. Motion carried 5-0.
Following first reading by title only of Ordinance No. 1056 by
the City Clerk, it was moved by Puckett seconded by Edgar, that
the following Ordinance No. 1056 be introduced:
ORDINANCE NO. 1056 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE
RELATIVE TO ADMINISTRATIVE MANDAMUS
Council/staff discussion followed regarding the intent and
clarification of the Ordinance. _
As a substitute motion it was moved by Prescott seconded b
Pontious, to continue this item allowing the City Attorney to
provide additional information.
Substitute motion carried 5-0.
36
ORDINANCES FOR ADOPTION - None
OLD BUSINESS
1. ASBESTOS REMOVAL - 1011 EL CAMINO REAL (GREINKE)
Mayor Edgar stated Mr. Greinke had requested this item be
removed from the agenda.
It was _moved by Edgar, seconded by Potts, that this item be
tabled.
Motion carried 5-0.
NEW BUSINESS
LIM
1. STATUS OF HILLSIDE REVIEW, EAST TUSTIN PHASE IV
Christine Shingleton, Director of Community Development,
reported on the status of hillside grading in East Tustin Phase
IV. She noted that staff wanted to review all grading proposals
for compliance with standards of the Hillside Review process.
Council/staff discussion followed regarding advantages of entire
hillside grading; opposition to creating lots without specific
^^ development proposals; and community workshops for residents to
participate in the review of hillside grading design.
It was moved by Pontious seconded by Puckett, to receive and
file subject report.
Motion carried 5-0.
81
2. SURVEY OF RESIDENTIAL CONSTRUCTION AND DEMOLITION DURING 1990
It was moved by Puckett seconded by Pontious, to receive and
file subject report.
Motion carried 5-0.
81
CITY COUNCIL MINUTES
Page 6, 1-7-91
3. COMMISSION AND BOARD APPOINTMENTS
4. COMMISSION TERMS EXPIRATION DATES
Mayor Edgar stated that Items #3 and #4 would be considered
simultaneously.
Julie Carter, Administrative Assistant, gave a brief description
of all commissions and committees utilized by the City.
Mayor Edgar stated it was appropriate to coordinate expiration
terms of the Planning Commission, Park and Recreation
Commission, Audit Committee and Cultural Resources Committee
with the April election. He wanted to direct staff to plan for
third Monday in July expiration dates with half of the
committees terminating in July 1991 -and half in July 1992,
utilizing a lottery when necessary.
Councilmember Pontious favored the staggering of terms and
suggested filling the vacancy on the Water Board.
Christine Shingleton, Director of Community Development, noted
that the appointment dates, qualification requirements and
membership criteria of the Cultural Resources Committee were
governed by the Office of Historical Preservation and reflected
in the Cultural Resource Ordinance. The Council would also need
to determine which members would serve which terms.
Councilmember Prescott stated the original idea and philosophy
behind the establishment of the Audit Committee was that it not
be political. He was opposed to the Audit Committee being
subjected to the political influence of election dates.
Mayor Edgar suggested that Audit Committee members, Cheryl
Gunderson and George Jeffries, be appointed to 3 -year additional
terms which would expire in July 1995 with the remainder of the
committee appointees expiring in July 1993.
William Huston, City Manager, stated staff would present
ordinances reflecting Council's direction and he clarified that
staff would continue to operate on the assumption that Council
would approve all commission/committee appointments with the
exception of the Park Design Neighborhood Ad Hoc Committee.
It was moved by Edaar seconded by Pontious, that staff submit
ordinances reflecting the following: Park and Recreation
Commission, change expiration dates to 3rd Monday in July;
Planning Commission, conduct lottery to determine July 1991 and
July 1992 expiration dates; Audit Committee, terms ending in
1992 will change to July 1995 and terms ending in February 1993
will change to July 1993; Cultural Resources, Council will
determine which members will serve which terms and terms will
have expiration dates of July 1992 and July 1993.
Motion carried 4-1, Prescott opposed.
5. FEEDBACK FOUNDATION REQUEST FOR FUNDING
No
Susan Jones, Recreation Superintendent, reported in June 1990,
$3,400 was approved by the Council for the Feedback Foundation
to provide assistance through the Foundation's financial
difficulties. This payment had conditions which, to date, had
not been met and staff was requesting a mayoral letter be sent
regarding the promised audits. The $5,000 payment requested,
through the Non -Profit Organization Funding, was in response to
an additional request for funding by the Feedback Foundation and
was only a portion of the $21,000 requested.
Councilmember Pontious stated she was in favor of sending the
letter to the Feedback Foundation and the County Area Agency on
Aging. She encouraged staff to explore other options for
providing the service.
It was moved by Puckett seconded by Pontious, to (1) Authorize
the $5,000 partial payment as recommended by the Non -Profit
CITY COUNCIL MINUTES
Page 7, 1-7-91
Assistance Task Force, and (2) Authorize staff to write a letter
for the Mayor's signature to both Feedback Foundation and the
County Area Agency on Aging to make it clear that further
payments would be considered when the requested audits were
completed and the County becomes more aggressive in its
oversight role regarding the financial health of the Foundation.
Mayor Edgar said it would be irresponsible for the City to
provide further funding until the audits were completed.
Motion carried 5-0.
41
6. BUSINESS AND SHOPPING GUIDE INSERTS FOR "TUSTIN TODAY" BROCHURE
Christine Shingleton, Director of Community Development,
reported at the December 17 meeting, Councilmember Potts asked
staff to research the possibility of guides to shopping centers
and dining in Tustin be inserted into the "Tustin Today"
brochure. She summarized the cost, distribution, types of
restaurants and businesses to be included, and flexible
timelines for completion.
Council/staff discussion followed regarding printing, appearance
Of guide, listing services, growth and revenue potential, and
including a reference map with the guides.
Al Shifberg-Mencher, Director of the Tustin Chamber of Commerce,
stated the Chamber endorsed the business and restaurant guides.
It was moved by Pontious seconded by Prescott, to 1) direct
staff to proceed with design and production of the first guide
with the primary target date for February publication and the
secondary target date an April date; 2) authorize staff to fund
the first guide from the existing Community Promotion budget;
and 3) direct staff to address the second or further guides
during the budget process for fiscal year 1991-92.
Motion carried 5-0. 41
XIII. REPORTS
1. PROJECT STATUS UPDATE, I-5 WIDENING AT RED HILL AVENUE
Mayor Edgar questioned when the Tustin Ranch Road overcrossing
would open.
Robert Ledendecker, Director of Public Works, stated Caltrans
planned to open the roadway the week of January 14th. The
northbound off -ramp to Tustin Ranch Road and the southbound on-
ramp to the freeway from Tustin Ranch Road would be in service
about mid-March.
Mayor Edgar said it was important to alert the public of any
closure and opening dates for the roadways.
Councilmember Potts requested the Council forward a letter to
Caltrans stating opposition to the closing of the Red Hill
Avenue/I-5 ramps until mid-March when the Tustin Ranch Road
ramps would be open.
It was moved by Potts seconded by Prescott, to send a letter to
Caltrans requesting they do not close the Red Hill Avenue/I-5 on
and off ramps until the Tustin Ranch Road ramps were opened.
Mayor Edgar stated that any further delay in construction would
compound the traffic problems for the community.
As a substitute motion it was moved b Pontious seconded b
Potts, to forward a letter to Caltrans requesting they expedite
construction and opening of Tustin Ranch Road freeway ramps.
Mayor Pro Tem Puckett stated he was in favor of expediting
construction on Tustin Ranch Road ramps but not for construction
to stop.
CITY COUNCIL MINUTES
Page 8, 1-7-91
Substitute motion carried 5-0. 54
2. RAWLINGS RESERVOIR
it was moved by Puckett seconded by Prescott, to receive and
file subject report.
107
Motion carried 5-0.
3. INVESTMENT SCHEDULE AS OF NOVEMBER 30, 1990
It was moved by Pontious seconded by Edaar, to receive and file
subject report.
Motion carried 5-0.
XIV. PUBLIC INPUT
COUNCIL MEETING ON JANUARY 21, 1991 (MARTIN LUTHER KING HOLIDAY)
50
Al Shifberg-Mencher, 16282 Main Street #3B. Tustin, questioned if
there would be a Council meeting on January 21, which was Martin
Luther King's Birthday.
William Huston, City Manager, stated the City was open on that date
and there would be a Council meeting.
XV. OTHER BUSINESS
1. UPDATE - RECYCLING PROGRAM
Councilmember Pontious requested an update on the recycling
program.
Councilmember Potts stated Cameron Cosgrove from the City of
Irvine, who initiated recycling programs in Irvine, would share
information with Tustin.
2. STANDARDS OF SERVICE - CABLE TELEVISION COMPANIES
Councilmember Potts had received complaints regarding cable
television service and suggested creating standards of service
for cable company compliance and accountability.
3. CONDITIONAL USE PERMIT - ORANGE COUNTY NEWS CHANNEL
Councilmember Potts requested the Conditional Use Permit for the
Orange County News Channel be expedited.
Christine Shingleton, Director of Community Development, stated
the application had been submitted January 4, 1991, without the
owner's affidavit and when the affidavit was received a public
hearing would be scheduled.
4. COMMENDED cOUNCILMEMBER PONTIOUS
Councilmember Prescott commended Councilmember Pontious on
traveling from Florida today to attend the Council meeting.
S. UNDERGROUNDING UTILITIES - MAIN STREET
Councilmember Prescott requested agendizing undergrounding of
utilities on Main Street due to conflict of space with the
street lights.
6. ADJOURN IN MEMORY OF ARMANDO MILLER AND FROYLAN VELASQUEZ
Councilmember Prescott requested adjournment in memory of
Armando Miller and Froylan Velasquez who were both killed in
Tustin recently. Council concurred.
CITY COUNCIL MINUTES
Page 9, 1-7-91
XVI.
7. PRIVATE RECYCLING PROGRAMS
Mayor Edgar stated that private individuals and churches should
be allowed to recycle materials aside from the City program.
William Huston, City Manager, replied that issue would be
addressed in the final details for the recycling program.
B. STATUS ON WATER WELL PROPERTY
Mayor Edgar requested a status report on the water well
property.
William Huston, City Manager, replied a Closed Session would be
held on the subject on January 21, 1991.
ADJOURNMENT
At 8:40 p.m., Mayor Edgar adjourned the meeting in memory of Armando
Miller and Froylan Velasquez.
The next regular meeting of the City Council was scheduled for
Monday, January 21, 1991, at 7:00 p.m.
2
RICHARD B. EDGAR, MAYO
MARY E. NN, CITY LERR