HomeMy WebLinkAboutCC MINUTES 1990 12 17MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
DECEMBER 17, 1990
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.
II. INVOCATION
The Invocation was given by Chaplain Brown, Marine Corps Air Station,
Tustin.
III. ROLL CALL
Council Present: Richard B. Edgar, Mayor
Charles E. Puckett, Mayor Pro Tem
Leslie Anne Pontious
Jim Potts
Council Absent: Earl J. Prescott
Others Present: Royleen A. White, Acting City Manager
James G. Rourke, City Attorney
Mary E. Wynn, City Clerk
Rita Westfield, Asst. Dir./Community Development
W. Douglas Franks, Chief of Police
Ronald A. Nault, Finance Director
Dana Kasdan, Engineering Services Manager
Valerie Whiteman, Chief Deputy City Clerk
Irma Hernandez, Administrative Assistant
Julie Carter, Administrative Assistant
Approximately 20 in the audience
IV. PUBLIC HEARING
1. RED CURB RECONSTRUCTION AT MUSIC PLUS PLAZA DEVELOPMENT
Dana Kasdan, Engineering Services Manager, reported at the
November 19, 1990 meeting, Council voted to restore on -street
parking to a segment of the red zoned area at 13682 Newport
Avenue. When the adjacent Music Plus Plaza development was
approved, certain traffic mitigation measures were outlined and
one of the measures was red zoning at 13682 Newport Avenue. If
Council determined that this condition should be amended, then
Resolution Nos. 90-156 and 90-157 required adoption.
Mayor Edgar opened the Public Hearing at 7:03 p.m.
The following member of the audience spoke in opposition to
removal of the red curb in front of San Remo Market:
Louis Drapac, 1442 Morning Glory Road, Tustin
The following members of the audience spoke in favor of removal of
the red curb in front of San Remo Market:
Joe Massimino, owner of San Remo Italian Market
Tony Coco, Director of Chamber of Commerce
POW There were no other speakers on the subject and the Public Hearing
was closed at 7:10 p.m.
Councilmember Potts suggested staff investigate the installation
of "keep intersection clear" signs on the roadway at the Newport
Avenue/Andrews Street intersection.
Mayor Pro Tem Puckett agreed with Councilmember Potts to have
staff further study the intersection, however, he wanted the two
parking spaces to remain.
It was moved by Puckett, seconded by Potts, to amend Conditional
Use Permit No. 89-21 by adoption of the following Resolution Nos.
90-156 and 90-157:
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Page 2, 12-17-90
RESOLUTION NO. 90-156 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR AMENDMENT TO CONDITIONAL USE PERMIT
89-21, INCLUDING REQUIRED FINDING PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
RESOLUTION NO. 90-157 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT TO CONDITIONAL USE
PERMIT 89-21, MODIFICATION TO CONDITION 2.3.3 OF CITY COUNCIL
RESOLUTION NO. 89-102 RELATED TO RED CURBING ON NEWPORT AVENUE
Mayor Edgar, recognizing that the no parking restriction affected
other businesses, read into the record a letter sent to the
Council from Earl Fleck, owner of an office building located at
13732 Newport Avenue. Mr. Fleck requested the two parking places
removed in 1986 between San Remo's and his building, be
reinstated. The Mayor requested staff include the request from
Mr. Fleck in their study. He noted, with the lack of accidents at
the subject area, the safety aspect could reasonably expect to
continue with the installation of "keep intersection clear" signs.
Motion carried 4-0, Prescott absent.
Mayor Edgar directed staff to research "keep intersection clear"
signs and possible reinstatement of parking in front of 13732
Newport Avenue. Council concurred. 92
V. PUBLIC INPUT
1. CHILDREN'S CHRISTMAS PARTY AT MARINE CORPS AIR STATION, TUSTIN
Al Shifberg-Mencher, 16282 Main Street #3B, Tustin, reported a
successful Christmas party was held on December 15, 1990, for the
families of Marines serving in Saudi Arabia.
VI. CONSENT CALENDAR
Item #9 was removed from the Consent Calendar by Councilmember Potts.
It was moved by Puckett, seconded by Pontious, to approve the
remainder of the Consent Calendar. Motion carried 4-0, Prescott
absent.
1. APPROVAL OF MINUTES - DECEMBER 3, 1990 REGULAR MEETING
Approved the City Council Minutes of December 3, 1990.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Approved Demands in the amount of $979,765.96 and ratified
Payroll in the amount of $266,569.94. 50
3. 1991-92 CAPITAL IMPROVEMENT PROGRAM - YORBA STREET WIDENING
Approved Yorba Street widening, between 130' north of Laurie
Lane and Santa Clara Avenue, right-of-way and construction
improvement project be deleted from the 1991-92 Capital
Improvement Program. 95
4. AWARD OF CONTRACT FOR TUSTIN RANCH ROAD LANDSCAPING ADJACENT TO
THE LAURELWOOD DEVELOPMENT
Awarded the contract for subject project to Bopark Enterprises,
Inc., in the amount of $109,290.00. 86B
S. RESOLUTION NO. 90-159 - A RESOLUTION OF THE CITY COUNCIL OF THE.
CITY OF TUSTIN, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO
INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP) THE
IMPROVEMENT OF VARIOUS STREETS
Adopted Resolution No. 90-159 requesting the County of Orange
include the following construction project in the 1991-92 AHFP:
Red Hill Avenue (Warner Avenue to Valencia Avenue)
rehabilitation and resurfacing - $261,000. 54
6. RESOLUTION NO. 90-160 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE COMPLETED CONSTRUCTION
AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR
THE RELOCATION OF SEWER PUMP STATION 6168 (R) AND CONSTRUCTION OF
FORCEMAIN AND GRAVITY SEWER FOR JAMBOREE ROAD EXTENSION/BARRANCA
PARKWAY TO EDINGER AVENUE THROUGH MCAS
Adopted Resolution No. 90-160 accepting Sewer Pump Station 6168
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Page 3, 12-17-90
(R) and authorized the recordation of the Notice of Completion
for the relocation of sewer pump station 6168 (R).
!D"7
7. REDUCTION OF IMPROVEMENT BONDS FOR TRACT NO. 12870
Authorized the release of Faithful Performance Bond No. 5241-05-
98 in the amount of $11,540,526.00 and Labor and Materials Bond
No. 5241-05-98 in the amount of $5,770,263.00 subject to the
posting of replacement bonds for six public streets and: three
private streets in amounts to be determined by staff to cover
the cost of all remaining improvements with Tract No. 12870. 99
S. SANTA ANA VALLEY IRRIGATION CO. (SAVI) QUITCLAIM OF EASEMENT
Authorized the Mayor to execute a Quitclaim Deed to DEV
IX/Tustin Freeway Center Associates for the SAVI easement
located along "B" Street within the Tustin Freeway Center
development.
49
10. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH TUSTIN POLICE
OFFICERS ASSOCIATION
Directed the City Manager to execute the Memorandum of
Understanding with the Tustin Police Officers Association. 45
11. RESOLUTION NO. 90-158 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ENVIRONMENTAL IMPACT
REPORT 90-01 (SCH #89091320) PREPARED FOR THE PACIFIC CENTER EAST
PROJECT IS ADEQUATE WITH THE INCORPORATION OF ALL RESPONSES TO
COMMENTS AND CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT 90-01
Adopted Resolution No. 90-158 certifying the Final Environmental
Impact Report for the Pacific Center East project as adequate
and complete. 81
12. AWARD OF CONTRACT FOR CONSTRUCTION OF CURB AND GUTTER, DRIVEWAY
APRONS AND STREET PAVEMENT IMPROVEMENTS ON BROWNING AVENUE
Awarded the contract for the construction of curb and gutter,
driveway aprons and street pavement improvements on Browning
Avenue to J & B Kovac Engineering in the amount of $13,164.00.
86B
13. DEPARTMENT OF TRANSPORTATION LOBBYING CERTIFICATION
Authorized the Mayor and City Clerk to execute the certification
for contracts, grants, loans and cooperative agreements. 103
CONSENT CALENDAR ITEM 140. 9 - REJECTION OF CLAIM NO. 90-34 -
CLAIMANT, GREG E. BARRON; DATE OF LOSS, 9/30/90; DATE FILED WITH CITY,
10/11/90
Councilmember Potts stated the roadway named in the claim was located
in the City of Irvine.
It was moved by Potts, seconded by Puckett, to approve rejection of
subject claim for property damage in the amount of $598.89 and notify
claimant that the roadway in question was located in the City of
Irvine.
Motion carried 4-0, Prescott absent.
VII. ORDINANCES FOR INTRODUCTION - None
VIII. ORDINANCE FOR ADOPTION
40
1. ORDINANCE NO. 1055 - ZONE CHANGE 90-01 (TUTT/TUSTIN AUTO SPA CAR
WASH
It was moved by Potts, seconded by Puckett, that Ordinance No.
1055 have second reading by title only. Motion carried 4-0,
Prescott absent.
Following second reading by title only of Ordinance No. 1055 by
the City Clerk, it was moved by Puckett, seconded by Potts, that
the following Ordinance No. 1055 be passed and adopted:
ORDINANCE NO. 1055 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 90-01, A REQUEST TO
REZONE PROPERTY LOCATED AT 1501 NISSON ROAD FROM C-1 (RETAIL
COMMERCIAL) TO C -G (COMMERCIAL GENERAL)
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Motion carried 3-1; Pontious opposed, Prescott absent (roll call
vote). 109
IR. OLD BUSINESS
1. ASBESTOS REMOVAL COSTS - 1011 EL CAMINO REAL (FORMER CITY HALL
BUILDING)
Rita Westfield, Assistant Director of Community Development,
reported at the December 3, 1990 Council meeting, Frank Greinke
requested the City of Tustin compensate him in an amount not to'
exceed $1,000 for removal of asbestos in the former portable
Tustin City Hall building he purchased from the City now located
at 1011 E1 Camino Real. Staff reviewed the records pertaining to
the floor tiles or mastic in the area noted to contain the
asbestos, and no record was found that the City had been involved.
The City Attorney's office had drafted an agreement between the
City and Mr. Greinke regarding asbestos removal for the Council's
review.
James Rourke, City Attorney, said Mr. Greinke had contacted him
last week and indicated the agreement submitted was unacceptable.
Mr. Greinke requested Council continue the matter because he was
unable to attend this meeting.
It was moved by Puckett, seconded by Pontious, to continue this
item to the January 7, 1991 Council meeting.
Motion carried 4-0, Prescott absent.
2. GRAFFITI ABATEMENT PROGRAM
LH
Rita Westfield, Assistant Director of Community Development
Department, reported one component of the Southwest Neighborhood
Stabilization Program was a graffiti abatement element to —
facilitate the removal of graffiti from private property. Staff',
did extensive research into this area by contacting 28 cities,
within Southern California and identified 5 types of program
approaches used by other cities: private contract services,
volunteer programs, service club contracts, city field services
and property owners. She also highlighted other aspects of the
program including funding, marketing approaches, and use of a
graffiti hot-line.
Mayor Edgar said he was pleased to see the thoroughness in which
the City was embarking upon a graffiti removal program. He stated
he was in favor of utilizing a private contractor.
Mayor Pro Tem Puckett said this program demonstrated the City was
serious about implementing the southwest stabilization program and
commended staff's thoroughness.
Councilmember Pontious commended staff on the report and was in
favor of following their recommendations.
Councilmember Potts also commended staff on a very detailed and
complete report.
It was moved by Pontious, seconded by Potts, to: (a) Approve the
concept of a graffiti abatement program using private contract
services; (b) Instruct staff to prepare a Request for Proposal for
contract services for graffiti removal; (c) Instruct staff to
implement a graffiti removal marketing program; and (d) Instruct
staff to prepare necessary amendments to the Tustin City Code to
enhance the graffiti removal program.
Motion carried 4-0, Prescott absent.
3. EMERGENCY PREPAREDNESS PLAN - STATUS REPORT
Councilmember Potts had spoken with Dr. Frannie Winslow with the
City of Irvine who developed an emergency preparedness plan for
Irvine and she was willing to share with the City of Tustin their
information. He thanked Dr. Winslow and the City of Irvine for
their cooperation.
CITY COUNCIL MINUTES
Page 5, 12-17-90
Mayor Pro Tem Puckett was pleased that the plan was approximately
65% completed.
It was moved by Puckett, seconded by Potts, to receive and file
subject report.
Motion carried 4-0, Prescott absent. 86
4. CONSULTANT AGREEMENT FOR PREPARATION OF ELEMENT REGARDING AB 939
Ronald Nault, Director of Finance, gave a status report outlining
the need for consultant services to complete the City's AB 939
Source Reduction and Recycling Element.
Council/staff discussion followed regarding the recycling program
timeline and negotiations with Great Western Reclamation.
It was moved by Potts, seconded by Puckett, to authorize the City
Manager to select a consultant and develop a scope of service that
will allow the City of Tustin to complete and adopt its Source
Reduction and Recycling Element (SRRE) by February 29, 1990, as
required by AB 939, and approve a supplemental appropriation from
the unappropriated reserves of the General Fund not to exceed
$70,000 to provide said consulting services.
Motion carried 4-0, Prescott absent. 102
Mayor Edgar stated it was expected that by July 1, 1991, recycling
would be a realty in Tustin.
S. AIRPORT STATUS REPORT - DECEMBER MEETINGS
Rita Westfield, Assistant Director of Community Development, gave
update reports on meetings of the Airport Commission, Orange
... County Cities Airport Authority (OCCAA), Board of Supervisors, and
the Airport Land Use Commission.
Mayor Edgar emphasized that the City must continue to monitor all
aspects of the airport situation.
Councilmember Pontious requested staff forward a letter to Ken
Delino, OCCAA, conveying the City's opposition to joining the
Orange County Cities Airport Authority.
Mayor Edgar requested the letter to Mr. Delino include the City's
opposition to E1 Toro Marine Corps Base as a potential commercial
airport site. Council concurred.
It was moved by Puckett, seconded by Pontious, to receive and file
subject report.
Motion carried 4-0, Prescott absent. 101
6. FEASIBILITY STUDY TO PROVIDE A MEDIAN OPENING ON TUSTIN RANCH ROAD
AT PALERMO
Dana Kasdan, Engineering Services Manager, reported at a November
City Council meeting, Council requested staff investigate the
feasibility of providing a median cut on Tustin Ranch Road just
�*. south of Irvine Boulevard for left -turn access into the Peters
tract. Staff concluded it was feasible to provide left -turn
access into the site at an estimated cost of approximately
$45,000.
Councilmember Potts stated he had requested this study and
considered a $45,000 expenditure for left -turn access was
unwarranted. He would explore other alternatives with staff.
It was moved by Potts, seconded by Puckett, to receive and file
subject report.
Motion carried 4-0, Prescott absent. 95
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X
XI.
NEW BUSINESS
1. COMMISSION AND BOARD
Royleen A. White, Acting City Manager, suggested that, due to the
absence of Councilmember Prescott, this item be continued to the
January 7, 1991 meeting.
Mayor Edgar requested an addendum to the report include a time
line for the next Commission and Board appointments. He stressed
the appointments should be synchronized with the April City
Council elections.
Royleen White stated staff would present the information requested
in a separate report.
Councilmember Pontious requested the Water Board be included in
the next report.
Council concurred to continue this item and requested staff submit
a separate report on the time line of appointments. 28
2. REQUEST FOR TEMPORARY USE OF EMERGENCY ACCESS EASEMENT FOR
CONSTRUCTION RELATED TRAFFIC ONTO LA COLINA DRIVE (TRACT 13908
BRAMALEA)
Dana Kasdan, Engineering Services Manager, stated Bramalea
California, Inc., requested temporary use of an Emergency
Access Easement for construction related traffic onto La
Colina Drive from Tract 13908.
Council/staff discussion followed regarding the route of
construction traffic.
It was moved by Puckett, seconded by Pontious, to approve the —,
request by Bramalea California, Inc. for temporary use of the
Tract 13908 Emergency Access Easement for construction related
traffic onto La Colina Drive, subject to specified conditions.
Motion carried 4-0, Prescott absent. 86
REPORTS
1. PLANNING COMMISSION ACTION AGENDA - DECEMBER 10, 1990
It was moved by Puckett seconded by Pontious, to ratify the
Planning Commission Action Agenda of December 10, 1990.
Motion carried 4-0, Prescott absent. 80
2. PROJECT STATUS UPDATE I-5 WIDENING AND I-5/SR-55 INTERCHANGE
RECONSTRUCTION PHASE 2
Mayor Edgar gave a status report concerning the I-5 widening
project and the I-5/SR-55 interchange construction and requested
more detailed information regarding the I-5 widening. He noted
that Red Hill Avenue traffic would be reduced to one lane
beginning January 14, 1991.
Councilmember Potts requested the Police Department and/or Public —,
Works educate the public regarding road construction in the City
and provide alternative route information. He suggested the Police
Department monitor the traffic on Red Hill Avenue to assist the
flow of traffic during construction.
Mayor Edgar requested advanced warning as to closures and
constrictions be made available to the public.
Councilmember Pontious requested more construction information be
provided through the newspapers.
Mayor Edgar suggested the Tustin Today publish construction data.
It was moved by Pontious seconded by Puckett, to receive and file
subject report and requested the I-5 widening information be
expanded.
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Page 7, 12-17-90
Motion carried 4-0, Prescott absent.
3. ORANGE COUNTY MONORAIL PLAN - FIXED GUIDEWAY
54
Rita Westfield, Assistant Director of Community Development,
reported at the December 3, 1990 meeting, Council requested an
informational report concerning the Fixed Guideway System.- Staff
had monitored the progress of the 5 -city task force and requested
participation in the task force but had been denied membership.
Councilmember Potts directed staff to monitor the situation and
explore the City becoming a member.
It was moved by Potts, seconded by Puckett, to monitor the Joint
Powers Agreement and investigate City membership.
Motion carried 4-0, Prescott absent. 101
4. PLACEMENT OF STORAGE CONTAINER ON PUBLIC PROPERTY
Dana Kasdan, Engineering Services Manager, stated this report was
for informational purposes only and required no action by the
Council.
It was moved by Puckett, seconded by Pontious, to receive and file
subject report.
Motion carried 4-0, Prescott absent. 86
XII. PUBLIC INPUT
1. LETTER TO BRIGADIER GENERAL ADAMS - EL TORO MARINE BASE
Al Shifberg-Mencher, 16282 Main Street #3B, Tustin, suggested
forwarding a copy of the letter to Mr. Delino to Brigadier General
Adams, Marine Corps Air Station, E1 Toro.
2. CHAMBER OF COMMERCE SELLING GIFT CERTIFICATES
Angie Kardashian, owner of Angie's Cuisine Italiano in Tustin and
President of the Tustin Chamber of Commerce, said the Chamber was
selling gift certificates for Tustin businesses to promote
Christmas shopping in the City.
XIII. OTHER BUSINESS
1. SUPPORT LOCAL
- SHOP IN TUSTIN
Councilmember Pontious encouraged residents to support local
merchants by holiday shopping in Tustin.
2. CONGRATULATIONS TO TUSTIN HIGH SCHOOL FOOTBALL ,TEAM
Mayor Pro Tem Puckett offered congratulations to the Tustin High
School Football Tillers who participated in the CIF finals. He
encouraged supporting the basketball teams at Tustin and Foothill
High Schools.
3. HAPPY HOLIDAYS
Mayor Edgar, Mayor Pro Tem Puckett and Councilmember Pontious
wished all the citizens of Tustin a wonderful holiday season.
4. BUSINESS AND
GUIDE PUBLISHED IN TUSTIN TODAY
Councilmember Potts proposed promoting shopping in Tustin by
publishing a business and restaurant guide in the Tustin Today.
Royleen White, Acting City Manager, said staff would present a
report on a business and restaurant guide for Council's review.
5. HIGH RISK YOUTH GRANTS
Councilmember Potts reported on his attendance at an anti-drug
campaign program presented by the Tustin Unified School District
with representatives from the City and Police Department. Topics
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Page 8, 12-17-90
discussed included ways to prevent gang activity and High Risk
Youth Grants.
6. GET WELL WISHES TO COUNCILMEMBER PRESCOTT
Mayor Pro Tem Puckett wished Councilmember Prescott a speedy
recovery.
7. CUB SCOUT TROOP IN ATTENDANCE
Mayor Pro Tem Puckett welcomed Cub Scouts in attendance who were,^
working on citizenship badges.
S. COORDINATED GRADING OF REMAINING TRACTS - TUSTIN RANCH
Mayor Edgar requested agendizing a report addressing the
coordinated grading of all remaining tracts in Tustin Ranch.
SIV. CLOSED SESSION
Mayor Edgar announced the City Council would recess to Closed Session
to consider personnel matters pursuant to Government Code Section
54957; and to confer with the City Attorney regarding pending
litigation pursuant to Government Code Section 54956.9(c) (The City
Council of the City of Tustin has decided to file or is deciding
whether to file litigation).
XV. ADJOURNMENT
Mayor Edgar adjourned the meeting at 8:28 p.m.
The next regular meeting of the City Council was scheduled for Monday,
January 7, 1991, at 7:00 p.m.
XVI. FOLLOWING CLOSED SESSION —
At 9:10 p.m., it was moved by Puckett, seconded by Potts, to adopt the;
following Resolution No. 90-155:
RESOLUTION NO. 90-155 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING P.E.R.S. DISABILITY RETIREMENT FOR
LINDA M. MARCH
Motion carried 4-0, Prescott absent.
RICHARD B. EDGAR, MAYOX
Z-,
MARY E. OrNN, CIT r
CLERK