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HomeMy WebLinkAboutCC MINUTES 1990 09 04MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA SEPTEMBER 4, 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 Councilmember Potts. II. INVOCATION The Invocation was given by Reverend Reese Riley, St. Paul's Episcopal Church. III. ROLL CALL Council Present: Richard B. Edgar, Mayor Charles E. Puckett, Mayor Pro Tem Leslie Pontious 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 Rita Westfield, Asst. Dir./Community Development Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Fred Wakefield, Captain/Police Department Bettie Correa, Senior Personnel Analyst Valerie Whiteman, Chief Deputy City Clerk Paula Rankin, Associate Planner Approximately 20 in the audience IV. PROCLAMATIONS 1. TUSTIN BOBBY SOX ALL-STAR TEAM Mayor Edgar read and presented proclamations to the Tustin Bobby Sox All-Star Team who placed second in the National Tournament of Champions. Carrie Leach, team manager, thanked the merchants of Tustin and the parents for the team support. 2. CALIFORNIA WEEK, OCTOBER 1-5, 1990 Mayor Edgar read and presented a proclamation declaring California Rideshare Week, October 1-5, 1990. Rita Westfield, Assistant Director of Community Development, accepted the proclamation on behalf of SCAG. REQUEST - MARY GRAY Councilmember Potts requested a proclamation be presented at the September 17th Council meeting to Mary Gray in recognition of her anti -gang dress code program initiated at Currie Middle School. Council concurred. PUBLIC HEARING 1. APPEAL OF A CONDITION OF APPROVAL FOR CONDITIONAL USE PERMIT 90-15 (BEACON BAY ENTERPRISES, INC.) Paula Rankin, Associate Planner, reported the Planning Commission adopted Resolution No. 2794 approving Conditional Use Permit 90- 15 and Design Review 89-58. The project included the construction of a full-service mechanized car wash, gasoline sales and automotive service bays, and a convenience market on a 2.181 -acre site in the Tustin Market Place. A sign program was also approved under Conditional Use Permit 90-15 which established a customized sign program for the multi -use facility. The Planning Commission allowed the applicant, Beacon Bay Enterprises, Inc. , a total of 87.75 square feet of sign area CITY COUNCIL MINUTES Page 2, 9-4-90 which exceeded the allowable area by approximately 23 square feet. The applicant had also requested two logos on the south and east sides; however, one of the conditions of approval of Resolution No. 2794 limited the area of each wall sign to a maximum of 25 square feet. The applicant had appealed Condition No. 6.3 of Resolution No. 2794 and proposed an alternative that would allow the additional 23 square feet of sign area to be evenly divided between two logos. Mayor Edgar commended Beacon Bay Enterprises, the Planning Commission, and staff on reaching a compromise. Mayor Edgar opened the Public Hearing at 7:10 p.m. The following member of the audience stated he was available for questions: Bill McCullogh, Architect for Beacon Bay Enterprises, 260 Newport Center Drive, Newport Beach There were no other speakers on the subject and the Public Hearing was closed at 7:10 p.m. It was moved by Puckett, seconded by Pontious, to approve the appeal to amend the approved sign program for the project and modify Condition No. 6.3 of Exhibit A of Resolution No. 2794 relating to Conditional Use Permit 90-15 by adopting the following Resolution No. 90-98: RESOLUTION NO. 90-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPEAL TO AMEND THE SIGN PROGRAM, APPROVED BY PLANNING COMMISSION RESOLUTION NO. 2794, AND MODIFY CONDITION NO. 6.3 OF EXHIBIT A OF PLANNING COMMISSION RESOLUTION NO. 2794, RELATING TO ALLOWABLE SIGN AREAS FOR BEACON BAY CAR WASH AT 2762 EL CAMINO REAL. Motion carried 5-0. VI. PUBLIC INPUT 1. AIRCRAFT NOISE 43 Judy Sutliff, 17962 Theodora Drive, Tustin, expressed her concern regarding the number of aircraft flights and noise over her home. Mayor Edgar responded that if aircraft maintained a certain noise decibel level, the airport was permitted more flights; however, the City was monitoring the noise/energy level of flights over the City. Council/speaker/staff discussion followed regarding future airport sites, flight paths and noise levels. Rita Westfield, Assistant Director of Community Development, stated the Community Development Department accepted citizen complaints regarding aircraft noise and also had a referral number for a contact person at the airport for registering additional complaints. William Huston, City Manager, suggested the speaker contact the County Board of Supervisors. The City had no jurisdiction or control as to the number of aircraft or flight patterns, but did monitor noise levels for compliance with State law and current noise levels were in compliance. VIZ. CONSENT CALENDAR It was moved by Puckett, seconded by Pontious, to approve the Consent Calendar. Motion carried 5-0. 1. APPROVED MINUTES - AUGUST 20, 1990, REGULAR MEETING CITY COUNCIL MINUTES Page 3, 9-4-90 2. APPROVED DEMANDS IN THE AMOUNT OF $3,928,332.45 RATIFIED PAYROLL IN THE AMOUNT OF $246,134.99 50 3. RESOLUTION NO. 90-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 90- 104 LOCATED AT 14041 NEWPORT AVENUE Adopted revised Resolution No. 90-79. 99 4. PROPOSED CONTRACTS FROM THE COUNTY OF ORANGE FOR PROVISION OF PUBLIC FACILITIES AND IMPROVEMENTS, ORANGE STREET IMPROVEMENTS Approved the proposed contracts from the County of Orange for provision of public facilities and improvements, Orange Street improvements. 45 5. AWARD OF CONTRACT FOR CONSTRUCTION OF EDINGER AVENUE STORM DRAIN IMPROVEMENTS BETWEEN RED HILL AVENUE AND DEL AMO AVENUE PROJECT NO. 900026 Awarded the contract for the subject project to the low bidder, Silverie & LeBouef JV of Anaheim, California, in the amount of $399,699.00. 86B 6. RESOLUTION NO. 90-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR ASSESSMENT DISTRICT 85-1 IMPROVEMENTS IDENTIFIED AS THE LAURELWOOD R.V. STORAGE FACILITY Adopted Resolution No. 90-116 accepting improvements constructed as the Laurelwood R.V. storage facility and authorized the recordation of the Notice of Completion for said improvements. 86B 7. RESOLUTION NO. 90-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION OF WATER MAIN IMPROVEMENTS ON HEWES AVENUE, BIKINI PLACE, SAIGON LANE AND LINDALE LANE Adopted Resolution No. 90-113 accepting said work and authorized the recordation of the Notice of Completion. 86B S. RESOLUTION NO. 90-115 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE ANNUAL LANDSCAPE MAINTENANCE PROGRAM FOR EL CAMINO REAL Adopted Resolution No. 90-115 approving specifications for subject project and authorized advertisement for bids. 86B 9. RESOLUTION NO. 90-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE ANNUAL PAVEMENT MARKING AND STRIPING PROGRAM AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopted Resolution No. 90-114 approving specifications for subject project and authorized advertisement for bids. 86B 10. COOPERATIVE AGREEMENT - SAN DIEGO CREEK SEDIMENT MONITORING PROGRAM Approved the Cooperative Agreement for the San Diego Creek Sediment Monitoring Program and authorized the Mayor to execute said agreement subject to the City Attorney's review and approval of said agreement. 45 11. AUTHORIZATION TO REQUEST BIDS FOR CHLORINATION UNITS Authorized staff to solicit bids for two portable chlorination units at a total cost of $30,000, and carry over remaining budgeted funds in the amount of $95,000 to be used for installation of permanent chlorination equipment in FY 91-92. ]07 12. AWARD OF CONTRACT FOR WATER MAIN REPLACEMENT ON BROWNING AVENUE, ENRAMADA DRIVE, ORVILLINA DRIVE, PROJECT NOS. 600070, 600071 AND 600073 Awarded the contract for subject project to Tomar Engineerin Inc. of Corona, California, in the amount of $110,745.00.8�� CITY COUNCIL MINUTES Page 4, 9-4-90 13. REJECTION OF CLAIM NO. 90-22; CLAIMANT-TAL SCHOFIELD, DATE OF LOSS -2/8/90; DATE FILED WITH CITY -6/25/90 Rejected subject claim for personal injury damages and property damage of an undetermined amount. 40 VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 1048 - APRIL GENERAL MUNICIPAL ELECTIONS It was moved by Prescott, seconded by Puckett, that Ordinance No. 1048 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1048by the City Clerk, it was moved by Pontious, seconded by Puckett, that Ordinance No. 1048 be introduced as follows: ORDINANCE NO. 1048 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING ORDINANCE NO. 980 WHICH REQUIRED THE CITY'S GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD IN NOVEMBER OF EVEN NUMBERED YEARS PURSUANT TO SECTION 36503.5 OF THE GOVERNMENT CODE Motion carried 4-1, Prescott opposed. 48 IX. ORDINANCES FOR ADOPTION - None X. OLD BUSINESS - None XI. NEW BUSINESS 1. PURCHASE OF SEMI-AUTOMATIC WEAPONS - POLICE Councilmember Potts reported that Tustin Police Officers were allowed to personally purchase and carry semi-automatic weapons which were considered superior overall to revolvers for police _ work, and he supported City payment for semi-automatic weapons.' It was moved by Potts, seconded by Edgar, to purchase semi- automatic weapons and leather gear for new officers and to reimburse officers for same who currently used semi-automatic weapons and leather gear. Motion carried 5-0. 82 XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - AUGUST 271 1990 It was moved by Puckett, seconded by Pontious, to ratify the Planning Commission Action Agenda of August 27, 1990. Motion carried 5-0. 2. NEWPORT AVENUE TRAFFIC SIGNAL REVIEW It was moved by Pontious, seconded by Potts, to receive and file subject report. Motion carried 5-0. ., 3. I-5 WIDENING FROM JAMBOREE ROAD TO NEWPORT AVENUE MILESTONE SCHEDULE Mayor Edgar requested interim milestone reports for those projects having completion dates of one year or more. Robert Ledendecker, Director of Public Works, stated that a detailed report would be prepared regarding the Irvine Boulevard and First Street closures. It was moved by Puckett, seconded by Pontious, to receive and file subject report. Motion carried 5-0. 54 CITY COUNCIL MINUTES Page 5, 9-4-90 XIII. PUBLIC INPUT 1. CITY PAYMENT OF PRESCOTT/KELLY LEGAL FEES Carl Kasalek and Guido Borges, representatives of Tustin Residents Action Committee, spoke in opposition to City payment of attorney fees incurred by Councilmember Prescott and former Councilmember Kelly for the lawsuits initiated against the City to block the April, 1990, election (Closed Session Item). XIV. OTHER BUSINESS 1. COMMENDATION FOR PLANNING COMMISSIONER KASPARIAN Councilmember Potts commended Planning Commissioner Kasparian on the following items brought forth during the Planning Commission meeting: (1) Sign Code from Vancouver, British Columbia; (2) Parkland dedication; and (3) Distribution of Fire Safety brochures through the Tustin School District. 2 CLOCK AT EL CAMINO REAL/MAIN STREET Councilmember Prescott reported the light illuminating the clock at E1 Camino Real and Main Street was burned out. 3. POPULATION OF TUSTIN Mayor Edgar reported the preliminary population report for the City of Tustin published by the U.S. Census Bureau was 50,000 which may result in additional State and Federal funding. Council/staff discussion followed regarding probability of State ,., and Federal funding. XV. CLOSED SESSION Mayor Edgar announced the City Council would recess to Closed Session pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which had been initiated formally and to which the City was a party. The title of the litigation was Earl Prescott and John Kelly v. City of Tustin and the case number was X61-85-41. XVI. ADJOURNMENT At 7:50 p.m., the meeting recessed to the Redevelopment Agency, recessed to the above Closed Session, and then adjourned to the next Regular Meeting on Monday, September 17, 1990, at 7:00 p.m. XVII. FOLLOWING CLOSED SESSION At 8:40 p.m., it was moved by Pontious, seconded by Potts, that the City Council and Earl Prescott have agreed as follows regarding the litigation entitled Earl Prescott and John Kelly vs. Tustin, et al. No. X 61-85-41, Orange County Superior Court: (1) Mr. Prescott and Mr. Kelly will dismiss their pending lawsuit described above with prejudice; (2) The parties' respective attorneys will agree upon an A.- arbitrator, a retired judge officed outside of Orange County, with the arbitration to be conducted in a county bordering Orange County, to arbitrate in a timely manner the claims of Mr. Prescott and Mr. Kelly for City payment of their attorneys' fees in the Wynn vs. Tustin lawsuit and the two Prescott and Kelly vs. Tustin lawsuits and that the parties agree to be bound by the arbitrator's decision without resort to the courts or appeals; (3) Each party shall release the others from all claims except as decided by the arbitrator as to the claims of Mr. Prescott and Mr. Kelly to reimbursement of their attorneys' fees; (4) The parties shall bear the expenses of arbitration equally, except that Mr. Prescott shall bear and pay for any additional costs of the arbitration occasioned by virtue of using an out of county arbitrator and/or conducting the arbitration outside of Orange County; (5) This agreement shall be set forth in a written CITY COUNCIL MINUTES Page 6, 9-4-90 agreement to be executed by all parties within ten days of September 4, 1990. Motion carried 4-0, Prescott abstained. 4 Z RICHARD B. EDGAR, MAYOR MARY E. dN, CIT n CLERK