HomeMy WebLinkAboutCC MINUTES 1990 01 02MINUTES OF AN ADJOURNED MEETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
JANUARY 2, 1990
Z. CALL TO ORDER/PLEDGE OF
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 Kennedy.
IZ. INVOCATION
IV.
V.
The Invocation was given by Kevin Kragenbrink,
Christian Church.
ROLL CALL
Pastor of Hope
Council Present: Richard B. Edgar, Mayor
Ursula E. Kennedy, Mayor Pro Tem
John Kelly
Earl J. Prescott
(Council position vacant)
Council Absent: None
Others Present: William A. Huston, City Manager
James G. Rourke, City Attorney
Mary E. Wynn, City Clerk
W. Douglas Franks, Chief of Police
Robert Ledendecker, Director of Public
Ronald A. Nault, Finance Director
Royleen White, Dir./Community & Admin.
Susan Jones, Recreation Superintendent
Daniel Fox, Senior Planner
Valerie Whiteman, Acting Chief Deputy
Approximately 30 in the audience
PUBLIC HEARINGS - None
PUBLIC INPUT
1. "NOW RENTING11 BANNERS ON TUSTIN EAST DRIVE.
Works
Services
City Clerk
Clara Brandon, representing Amarik Properties, said letters
had been received from the City Planning Department stating
the company was not in compliance with City code and requested
removal of "Now Renting" banners from the property. She
complained there was inconsistency in the enforcement of the
code since other businesses had continued to display "Now
Renting" banners which put Pacific Point Apartments at a
marketing disadvantage.
William Huston, City Manager, felt the issue was not a matter
of inconsistency but a matter of some businesses not complying
with the code and code enforcement was a lengthy process.
Mayor Edgar requested the matter be agendized at the January
15, 1990 Council Meeting. Council concurred.
VI. CONSENT CALENDAR
Item No. 1 was removed from the Consent Calendar by Councilman
Kelly, Item No. 7 was removed by Mayor Edgar and Item No. 15 was
removed by William Huston, City Manager. It was moved by Kennedy_,
seconded by Prescott, to approve the remainder of the Consent
Calendar. The motion carried 4-0.
2. APPROVED DEMANDS IN THE AMOUNT OF $2,782,084.95 (12/13/89)
APPROVED DEMANDS IN THE AMOUNT OF $3,776,618.85 (12/22/89)
RATIFIED PAYROLL IN THE AMOUNT OF $224,866.97 (12/13/89)
RATIFIED PAYROLL IN THE AMOUNT OF $217,582.98 (12/22/89)
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3. SURPLUS/INOPERATIVE PORTABLE RADIOS
Declared three Repco portable radios as surplus property
82
and authorized their destruction.
4. REJECTION OF CLAIM NO. 89-43; CLAIMANT -JERRY STANLEY JOHNSEN,
DATE OF LOSS -5/23/891 DATE FILED WITH CITY -10/20/89
Rejected subject claim for general and special damages of
an undetermined amount. 40
S. RWR PASCO ELECTRICAL ENGINEERING SERVICES AGREEMENT TO EVALUATE
EXISTING LIGHTING AT MAGNOLIA TREE PARR
Approved agreement with RWR Pasco Electrical Engineering
for engineering services to evaluate existing security
lighting at Magnolia Tree Park; and appropriated $3,500 to
complete the study. Staff will request additional funds
if deemed necessary for the installation of lights upon
completion of study. 45
6. AMENDED AGREEMENT WITH RECREATION SYSTENSo, INC. FOR COLUMBUS
TUSTIN PARR PHASE 2A IMPROVEMENTS
Approved agreement with Recreation Systems, Inc. for
Columbus Tustin Park Phase 2A improvements and authorized
staff to pay GPS, the civil engineering firm, by separate
purchase order. 45
S. EL MODENA-IRVINE CHANNEL IMPROVEMENTS BETWEEN SANTA ANA (I-5)
FREEWAY AND DOWNSTREAM OF MICHELLE DRIVE
Authorized a supplemental 1989-90 budget appropriation from
the appropriated reserves of the Capital Improvement Fund
in the amount of $1,300,000.00. 107
9. RENEWAL OF ANNUAL LANDSCAPE MAINTENANCE CONTRACT FOR EAST
TUSTIN
Authorized renewal of annual landscape maintenance contract
with Landscape West, Inc. for the East Tustin area with
increased service areas as delineated in contract for a
total cost of $56,808.84. 45
X08
10. SERVICE AGREEMENT WITH STATE OF CALIFORNIA (CALTRANS) FOR
MATERIALS TESTING - JAMBOREE ROAD EXTENSION PROJECT (BARRANCA
PARKWAY TO EDINGER AVENUE)
Approved a Service Agreement with the State of California
(Caltrans) for construction materials testing service on
the Jamboree Road Extension Project from Barranca Parkway
to Edinger Avenue, and authorized the Mayor and City Clerk
to execute the agreement. 45
11. ASSESSMENT DISTRICT NO. 86-21 CONTRACTS FOR GAS LINE EXTENSIONS
Approved the Southern California Gas Company contract No.
291051/T-54277 in the amount of $82,859.77 and authorized
the Mayor to execute said contract. 45
12. RESOLUTION NO. 90-2 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (CONSTRUCTION
OF STORM DRAIN IMPROVEMENTS ON 6TH AND PACIFIC STREETS, PROJECT
NO. 900028)
Adopted Resolution No. 90-2 accepting said work and
authorized the recordation of the Notice of Completion;
and assuming no claims or stop payment notices are filed,
30 days after the date of recordation of the Notice of
Completion, authorized payment of the final 10% retention
in the amount of $31,889.09. 86B
13. RESOLUTION NO. 90-3 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (ASPHALT
CONCRETE REHABILITATION AND OVERLAY PROJECT, 1988-89FY)
Adopted Resolution No. 90-3 accepting said work and
authorized the recordation of the Notice of Completion;
and assuming no claims or stop payment notices are filed,
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30 days after the date of recordation of the Notice of
Completion, authorized payment of the final 10% retention
in the amount of $19,298.95. 86B
14. RESOLUTION NO. 90-4(A) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO
VACATE AND ABANDON CHAMPION WAY WESTERLY OF JAMBOREE ROAD AND
TO FIX A TIME AND PLACE OF PUBLIC HEARING THEREON
Adopted Resolution No. 90-4(A) declaring the City's
intention to vacate and abandon Champion Way westerly of
Jamboree Road and setting the Public Hearing for February
5, 1990, at 7:00 p.m. 105
16. SALE OF SURPLUS VEHICLES
Received and filed notice of sale of surplus vehicles.
17. AUTHORIZATION TO PURCHASE VEHICLES AND WORK EQUIPMENT 86
Authorized staff to purchase vehicles and work equipment
authorized in the 1989-90 fiscal year budget from various
vendors at a total cost of $234,572.58. 86
18. PURCHASE OF AERIAL LIFT TRUCK
Approved the purchase of the aerial lift truck as modified
for $72,894.00, plus tax, and; authorized staff to leave
$2,000.00 in the City's equipment lease fund for future
upgrading of the left arm. 86
CONSENT CALENDAR NO. 1 - APPROVAL OF MINUTES - DECEMBER 41 1989,
REGULAR MEETING
Councilman Kelly requested the December 4, 1989 Minutes reflect his
request for an itemized receipt of the $40,000 expenditure to the
City Attorney and a review by the Audit Committee. He wanted
detailed invoices to assist the Audit Committee in a comparative
analysis with other cities to determine how competitive the City
was in this area.
Mayor Pro Tem Kennedy requested the Minutes reflect Councilman
Kelly's requests. If he wanted a comparison study with other
cities, that should be discussed separately.
It was moved by Edgar, seconded by Kennedy, to approve the Minutes
with the addition of Councilman Kelly's requests.
The motion carried 4-0.
CONSENT CALENDAR NO. 7 - IDENTIFICATION AND PROPOSED MITIGATION
PROGRAM FOR POTENTIAL HAZARDOUS UNREINFORCED MASONRY BUILDINGS
Mayor Edgar noted the report identified eight buildings in the
downtown area that were unreinforced masonry construction and,
therefore, earthquake hazards. He agreed with staff's
recommendation to provide financial assistance to insure the
structures were earthquake resistant and suggested the Cultural
Resources Committee review the eight structures and participate in
an earthquake resistant plan.
Councilman Kelly questioned if funding for this project could be
generated from the 1/4 cent sales tax increase and he was concerned
with allocating City funds to improve private property.
Mayor Edgar responded that he was not suggesting how the
renovations be funded, but the Council needed to understand in more
detail what the elements were to correct the problem and it was
important for the community to recognize that the Council was
available for assistance not to mandate difficult situations.
Mayor Pro Tem Kennedy stated she was gratified and interested to
learn some of the buildings dated back to 1912. She said the City
should recognize the difficulty with old structures and the benefit
of protecting their historic value.
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It was moved by Kennedy, seconded by Kelly, to receive and file
subject report and direct the Cultural Resources Committee to
review the eight structures and participate in an earthquake
resistant plan.
The motion carried 4-0. 81
CONSENT CALENDAR NO. 15 - REQUEST FOR TREE REMOVALS
It was moved by Edgar, seconded by Kennedy, to continue this item
at the January 15, 1990 City Council meeting.
The motion carried 4-0.
VII. ORDINANCE FOR INTRODUCTION
M
1. ORDINANCE NO. 1041 - CONTRACT BETWEEN THE TUSTIN CITY COUNCIL
AND THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM BOARD
OF ADMINISTRATION
It was moved by Kennedy, seconded by Kelly, that Ordinance No.
1041 have first reading by title only. The motion carried
44=0. Following first reading by title only of Ordinance No.
1041 by the City Clerk, it was moved by Kennedv, seconded by
Prescott, that Ordinance No. 1041 be introduced as follows:
ORDINANCE NO. 1041 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TUSTIN AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
The motion carried 4-0.
VIII. ORDINANCE FOR ADOPTION
79 --
1. ORDINANCE NO. 1040, ZONE CHANGE 89-01 - APPLICANT: IRVINE
INDUSTRIAL COMPANY
It was moved by Kennedy, seconded by Kelly, that Ordinance No.
1040 have second reading by title only. The motion carried
44=0. Following second reading by title only of Ordinance No.
1040 by the City Clerk, it was moved by Kennedv, seconded by
Kelly, that Ordinance No. 1040 be passed and adopted as
follows:
ORDINANCE NO. 1040 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 89-01, A
REQUEST TO REZONE PROPERTY LOCATED SOUTHEASTERLY OF FUTURE
JAMBOREE ROAD ADJACENT TO PETERS CANYON WASH FROM P&I (PUBLIC
AND INSTITUTIONAL) TO M (INDUSTRIAL)
The motion carried 4-0. (Verbal roll call vote) 110
IS. OLD BUSINESS
1. STATUS REPORT - JOHN WAYNE AIRPORT NOISE MONITORING PROGRAM
(JWA), COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAB),
AIRPORT SITE COALITION (ASC) AND HELICOPTER OVERFLIGHT PROGRAM
TASK FORCE (HOPTF)
Daniel Fox, Senior Planner, reported the Council had expressed
interest in appointing a citizen representative to attend
meetings pertaining to John Wayne Airport and identified
potential meetings the airport liaison could attend: Airport
Commission, Airport Land Use Commission and JWA Noise Abatement
Forum.
William Huston, City Manager, commented that Mr. James Hayes
had been previously appointed as JWA Noise Abatement Forum
representative, but had not been attending the meetings. He
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suggested the Council may want to consider appointment for that
committee; the other committees were attended by staff and
Kathy Weil.
Mayor Pro Tem Kennedy stated it was extremely important to have
a member of the community appointed as an airport liaison and
felt some type of expense reimbursement would encourage a
member of the public to serve. She suggested a press release
be issued for solicitation.
It was moved by Kennedy, seconded by Prescott, to issue a press
release advertising the City's need for an airport liaison and
the Council to appoint a member of the public to serve as
liaison to John Wayne Airport as soon as possible.
The motion carried 4-0.
Mayor Edgar noted it was important to identify areas in which
the airport was legally obliged to comply with certain noise
abatement standards. That data had now been collected and
needed to be accurately tabulated. He requested a specific
staff recommendation for tabulating the technical noise
abatement data.
It was moved by Kennedy, seconded by Edaar, to receive and file
subject report and staff to submit specific recommendation for
tabulation of technical data.
The motion carried 4-0. 101
2. 170 EL CAMINO REAL
James Rourke, City Attorney, reported he became aware, after
preparation of the agenda, that the subject property was in
.., escrow and the potential buyers had applied for permits to
clear the lot. He suggested the Council continue the matter
for two weeks to allow the buyers time to obtain demolition
permits.
The following member of the audience addressed the Council
regarding the purchase of the property and demolition of the
building:
Barbara Hawks, representing North Hills Realty
Council/staff/speaker discussion followed regarding time period
needed to obtain permits.
Mayor Pro Tem Kennedy expressed concern about the safety of the
building if the matter was continued for more than 2 weeks.
It was moved by Kennedy, seconded by Prescott, to continue this
item to the January 15, 1990 Council meeting and direct staff
to determine the safety of the building.
The motion carried 4-0. 81
3. PUBLIC ALLEY ABANDONMENT/VACATION
Robert Ledendecker, Director of Public Works, updated the staff
report, pertaining to the abandonment/vacation of the public
alley located southerly of Linda Lane, easterly of Yorba Street
and westerly of Rosalind Drive, indicating the current results
of the property owners' questionnaire were 3 in favor of
abandonment, 7 opposed and 2 did not respond.
The following member of the audience addressed the Council and
requested a variance to allow parking on the east side of the
alley:
Ralph Westrum, 13651 Rosalind, Tustin
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Council/staff/speaker discussion followed regarding the
positive and negative aspects of allowing parking on the east
side of the alley.
It was moved by Kennedy, seconded by Prescott, to direct staff
to conduct an impartial study regarding parking on the east
side of the alley and resubmit for Council consideration.
The motion carried 4-0.
105
4. REQUEST FOR WAIVER OF STREET DEDICATION - IRVINE BOULEVARD
(CHEVRON USA)
Mayor Edgar gave a brief report of a meeting attended by
himself, Councilman Prescott, staff and Chevron. He noted the
opportunity for possible use of Redevelopment Agency funds and
the continuation was necessary to complete the details.
It was moved by Kennedy, seconded by Prescott, to continue this
item to the January 15, 1990 City Council meeting.
The motion carried 4-0.
R. NEW BUSINESS
1. MAYORAL APPOINTMENTS
Mayor Edgar stated that all appointments
would remain in place
with the exception of
three changes
due to Councilman
Hoesterey's departure from
the Council.
The appointments were
as follows:
Committee
Representative
Alternate
CRAS Board
Kelly
None
SA River Flood Control
Prescott
None
East Tustin Policy
Kennedy
Edgar
I-5 Freeway
Prescott
None
League of Cities
Edgar
Prescott
O.C. Vector
Kennedy
Kelly
Joint Powers Authority
Edgar
Kelly
Sant. District 1
Edgar
Kennedy
Sant. District 7
Edgar
Kennedy
Sant. District 14
Kennedy
Edgar
38
2. PARK DESIGN PROCESS
Royleen White, Director of Community and Administrative
Services, gave a brief staff report on current policy and
procedure regarding citizen participation in park and facility
design; and Park and Recreation Commission's role in park
development.
Mayor Edgar stated it was essential to have citizen involvement
for every park and also recognized the importance of the
talented, professional staff and dedicated Commissioners. All
three groups must work together. He noted different levels of
citizen/Commission involvement were required for individual
parks, i.e. neighborhood park, sports park and cultural park
with the professional staff guiding and assisting through every
phase. This was a learning process and, keeping site that the
community was the area that needed support, he felt the
differences could be reconciled. Differences that could not
be reconciled would be submitted to the City Council for final
review.
The following members of the Parks and Recreation Commission
addressed the City Council:
Sam Randall, Chairperson
Lois Carr
Susan Welsh
Don Biery
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Their concerns included: Clarification of the role of the
Commission, involved in planning process or a review board;
park -related meetings held independent of the Commission,
desire to be a part of the initial park planning and
participate in the entire process for all parks; and cost
effectiveness of having Commission involved in initial planning
process.
Councilman Prescott felt the Commission's role was vital to the
development of new parks and wanted that role increased. He
suggested a joint Council/Commission meeting in February to
revise the policy.
It was moved by Prescott seconded by Kelly, that the City
Council and Parks and Recreation Commission meet the end of
February for review and/or revision of current policy.
The following member of the audience spoke in favor of
continuing the current policy and public participation in the
Citizens Task Force:
Wayne Edmondson, 2580 Calle Bel Monte, Tustin
Mayor Pro Tem Kennedy said the Council had set the park policy
and had designated what kinds of parks would be built for East
Tustin. When the Commission was formed, the Council suggested
meeting four times a year because of strong citizen
involvement. Some Commissioners were now so dedicated they
could spend considerable hours on matters already determined
and she encouraged the Commissioners to use their energy in
other ways to assist the City. She added that public meetings
were held without a political body present, such as the
Commission, to encourage free exchange of ideas by members of
the community. She suggested any revisions to the policy be
deferred until after the April election.
The following member of the audience spoke regarding
utilization of all three groups in the park planning process:
Berklee Maughan, 14331 Green Valley, Tustin
The motion carried 3-1, Kennedy opposed. 76
3. RED HILL AT MITCHELL, EXCLUSIVE LEFT -TURN PHASING
It was moved by Kennedy. seconded by Prescott, to approve (1)
the subject traffic signal be modified to include left -turn
phasing for Red Hill Avenue and (2) the project be budgeted as
a capital improvement item for FY 1990-91.
The motion carried 4-0. 94
4. AWARD OF CONTRACT - INSTALLATION OF 45MIL HYPALON LINING AND
STRUCTURAL IMPROVEMENTS AT FOOTHILL RESERVOIR
It was moved by Kennedy, seconded by Kelly, to award the
contract for the repair of the Foothill Reservoir to C.W. Neal
Corporation, Santee, California, in the amount of $183,720.00
(Base Bid) plus $3,500.00 (Additive Alternate Bid for the
construction of two observation wells) for a total contract
award of $187,220.00.
The motion carried 4-0. 86B
XI. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - DECEMBER 11, 1990
Councilman Prescott requested New Business Item No. 7, Proposed
Guidelines for Churches Located in Industrial Districts, be
removed from the Planning Commission Action Agenda for
discussion by the Council.
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William Huston, City Manager, suggested Item No. 7 be agendized
at the January 15, 1990 Council meeting. Council concurred.
It was moved by Edgar, seconded by Kennedy, to ratify the
remainder of the Planning Commission Action Agenda of December
11, 1990. The motion carried 4-0. 80
2. INVESTMENT SCHEDULES AS OF NOVEMBER 30, 1989 AND DECEMBER 31,
1989
It was moved by Kennedy, seconded by Prescott, to approve the
Investment Schedules dated November 30, 1989 and December 31,
1989.
The motion carried 4-0. 50
3. REVIEW OF EXPENDITURES CHARGED TO THE CITY COUNCIL AS REPORTED
ON THE DEMAND LIST BY (DEPARTMENT) DATED NOVEMBER 21, 1989
It was moved by Kelly, seconded by Edgar, to receive and file
subject report.
The motion carried 4-0. 27
XII. PUBLIC INPUT
1. COMMENDATIONS FOR CITY COUNCIL/STAFF
Albert Shifberg-Mencher, 16282 Main Street #3B, Tustin,
commended the City Council for a productive meeting and
commended Bob Ledendecker for assistance with a traffic problem
involving the City of Santa Ana.
Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin, praised
the City Council for a productive meeting and for listening to
the public.
XIII. OTHER BUSINESS
1. REMOVAL OF GRAFFITI - TUSTIN VILLAGE WAY/WILLIAMS STREET
Councilman Kelly requested removal of graffiti on a wall facing
McFadden Avenue between Tustin Village Way and Williams Street.
2. HOLIDAY DECORATIONS FOR CITY ENTRANCE SIGNS
Councilman Kelly suggested the wishing well entrance signs be
decorated with lights during the holiday season.
3. NEW YEAR WISHES
Councilman Kelly, Councilman Prescott and Mayor Edgar conveyed
Happy New Year wishes.
4. CARGO AIRCRAFT FLIGHTS AT JOHN WAYNE AIRPORT
Mayor Pro Tem Kennedy requested staff submit a report on cargo
aircraft traffic into John Wayne Airport.
5. LEFT TURN SIGNAL AT BROWNING/WALNUT AVENUES
Mayor Pro Tem Kennedy requested a staff report on the
installation of a left -turn signal at Browning Avenue and
Walnut Avenue.
6. DECORATIVE LIGHTING FIXTURES FOR MAIN STREET
Mayor Pro Tem Kennedy requested status of the decorative light
fixtures for Main Street. Staff responded the fixtures would
be installed in 45-60 days.
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7. REPLACEMENT OF REFUSE CANS
Councilman Prescott requested a status report on replacing oil
drum trash cans with decorative -style trash cans throughout the
City. Subject to be agendized at the January 15, 1990 City
Council meeting.
8. ADJOURNMENT IN MEMORY OF JESS J. PARRS
Councilman Prescott requested the meeting adjourn in memory of
Jess J. Parks, a postmaster for the City for many years, who
died December 28, 1989.
9. RED HILL AND WALNUT INTERSECTION
Mayor Edgar noted that the Red Hill Avenue/Walnut Avenue
intersection was completed and commended staff.
10. WARNER AVENUE BRIDGE CONSTRUCTION
Mayor Edgar questioned staff as to the opening of the Warner
Avenue bridge. Staff responded that CaltransI target date for
opening was January 25, 1990.
Mayor Edgar expressed dismay with Caltrans not maintaining
credible schedules and voiced concern about the upcoming
traffic impact with the Newport/I-5, Red Hill/I-5, First Street
and Irvine construction projects. Staff expressed confidence
that Caltrans would be able to stay on schedule for the
upcoming construction projects.
11. INSTALLATION OF WATER WELL-VANDENBERG SITE
Mayor Edgar requested an update as to when the water well would
be installed. Matter to be agendized at the January 15, 1990
City Council meeting.
SIV. CLOSED SESSION
Mayor Edgar announced that the City Council would recess to Closed
Session to meet with its designated representatives regarding labor
relations matters pursuant to Government Code Section 54967.6.
SV. ADJOURNMENT
At 8:40 p.m., the meeting recessed to the Redevelopment Agency,
then to the above Closed Session, and then adjourned in memory of
Jess Parks to a workshop with the Orange County Fire Department on
January 15, 1990, at 6:00 p.m. and then to a Regular Meeting on
January 15, 1990, at 7:00 p.m.
MAYO
CIm" CLERK