Loading...
HomeMy WebLinkAboutCC MINUTES 1989 12 04MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECEMBER 4, 1989 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 Councilman Kelly. II. INVOCATION 77, The Invocation was given by Pastor Jeff Slipp, Colonial Bible Church. -'III. ROLL CALL 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 Christine Shingleton, Dir./Community Development Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Royleen White, Dir./Community & Admin. Services Daniel Fox, Senior Planner Houston Williams, Police Lieutenant Valerie Whiteman, Acting Chief Deputy City Clerk Approximately 80 in the audience IV. PRESENTATIONS 1. RESOLUTION FOR RUBY MAY Mayor Edgar read and presented a Resolution to Ruby May, commending her for volunteerism, dedication and service to the City. Ruby May expressed her appreciation to everyone, especially Isabelle McClements, who had supported and encouraged her .to continue as a volunteer. 2. COMMENDATION FOR ISABELLE MCCLEMENTS Mayor Edgar read and presented a Commendation to Isabelle McClements commending her for nine and one-half years as Recreation Coordinator for the City. The Commendation recognized her dedicated service and contributions to the community. Isabelle McClements thanked the Council, staff and the City for the Commendation. She expressed what a pleasure and privilege it had been to be an employee of the City. V. PUBLIC HEARINGS 1. INTERIM FEE INCREASE PURSUANT TO MAJOR THOROUGHFARE & BRIDGE FEE PROGRAM FOR THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR Jerry Bennett, Chief Engineer of Transportation Corridor Agencies, explained the intent of the Fee Program which required all new development to bear a reasonable portion of the Corridor costs by payment of development fees. Mayor Edgar explained that the fees collected since 1985 were computed upon the assumed dollar value of what the Corridor would cost in 1985 and the fee charged to developers was approximately CITY COUNCIL MINUTES Page 2, 12-4-89 48% of the total road development cost. Due to a higher cost for road development than originally estimated, an increase greater than an inflationary increase would be needed and he noted the fees would place 48% of the cost for roads on developers and 32% would be paid by toll fees. Mayor Edgar opened the Public Hearing at 7:14 p.m. There were no speakers on the subject and the Public Hearing was closed. Councilman Kelly supported the plan to alleviate the traffic crisis, but was disappointed that the report stated the cost could be revised further for additional design work. He stated he could not support any additional fee levied on the community. Mayor Pro Tem Kennedy stated the intent of the fee program was requiring new development to pay for their impact upon the citizens of Tustin because previously there was development without planning for roads. It was felt when Proposition No. 13 passed, development should pay their portion of solving problems created with their densities and housing. She felt that Cities could not discontinue road construction because of escalated costs and this was a complicated, carefully planned program. Councilman Prescott desired the funding source to be toll booths, placing the cost on motorists and truck firms. It was moved by Edgar, seconded by Kennedy, to support the -fee program as presented by staff. The motion died 2-2, Edgar and Kennedy favored, Kelly and Prescott opposed. 54 2. GENERAL PLAN AMENDMENT 89-03, ZONE CHANGE 89-01, TENTATIVE PARCEL — MAP 89-110; APPLICANT: IRVINE INDUSTRIAL COMPANY Daniel Fox, Senior Planner, gave a staff report regarding the proposed project. Mayor Edgar opened the Public Hearing at 7:23 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Kennedy, seconded by Kelly, to adopt the following Resolution No. 89-182 certifying the Negative Declaration for General Plan Amendment, Zone Change 89-01 and Tentative Parcel Map 89-110: RESOLUTION NO. 89-182 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION AS ADEQUATE FOR GENERAL PLAN AMENDMENT 89-03, ZONE CHANGE 89-01 AND TENTATIVE PARCEL MAP 89-110, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The motion carried 4-0. It was moved by Kelly, seconded by Prescott, to adopt the following Resolution No. 89-183 approving General Plan Amendment 89-03: RESOLUTION NO. 89-183 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 89- 03, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM P&I (PUBLIC AND INSTITUTIONAL) TO I (INDUSTRIAL) ON THE PROPERTY LOCATED SOUTHEASTERLY OF FUTURE JAMBOREE ROAD ADJACENT TO PETERS CANYON WASH The motion carried 4-0. 81 CTY COUNCIL MINUTES Page 3, 12-4-89 It was moved by Kennedy seconded by Kelly, that Ordinance No. 1040 have first reading by title only. The motion carried 44=0. Following first reading by title only of Ordinance No. 1040 by the City Clerk, it was moved by Kennedy. seconded by Kelly, that Ordinance No. 1040 be introduced 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 I (INDUSTRIAL) The motion carried 4-0. It was moved by Kennedy, seconded by Edgar, to adopt the following Resolution No. 89-184 approving Tentative Parcel Map 89-110, subject to conditions: RESOLUTION NO. 89-184 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 89- 110 LOCATED SOUTHEASTERLY OF THE FUTURE JAMBOREE ROAD AN NORTH OF WARNER AVENUE. ADJACENT TO PETERS CANYON WASH (A.P. 434-061- 014) The motion carried 4-0. VI. PUBLIC INPUT Mayor Edgar stated the Council felt it was appropriate to limit individual comments to three minutes recognizing the Council could not take action due to the Brown Act and the Council preferred giving priority to those who lived or had businesses in the City or were water department customers. 1. CONDUCT OF COUNCILMEN PRESCOTT AND KELLY Gregg Lynch, 14682 Cheshire Place, expressed displeasure with the conduct displayed by Councilman Kelly and Councilman Prescott. Robert Nicholas, P.O. Box 415, Tustin, voiced opposition to the previous speaker's statement. VII. CONSENT CALENDAR Item Nos. 1 and 2 were removed from the Consent Calendar by Councilman Kelly. It was moved by Kelly, seconded by Kennedy, to approve the remainder of the Consent Calendar. The motion carried 4-0. 3. REJECTION OF CLAIM NO. 89-35; CLAIMANT-SHERYL BENCE, DATE OF LOSS -9/19/891 DATE FILED WITH CITY -10/25/89 Rejected subject claim for general damages in the amount of $50,000. 40 4. TREE REMOVALS Approved (1) request for tree removals at the following locations: 13701 Rosalind, 155 No. "C" Street and 1812 Copperfield; (2) denied requests for tree removals at the following locations: 245 Pacific Street and 14692 Dartmouth 86 Circle. S. RESOLUTION NO. 89-181 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TUSTIN Adopted Resolution No. 89-181. 79 6. PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF WATER MAIN REPLACEMENT PROJECTS ON CHAPLET PLACEp WREATH PLACES GARLAND AVENUE AND PROSPECT AVENUE (CAPITAL IMPROVEMENT PROJECT NOS. 909- 20 AND 90-22) 45 CITY COUNCIL MINUTES Page 4, 12-4-89 7. Approved a professional services agreement with DGA Consultants, Inc. for the design of the Water Main Replacement Projects on Chaplet Place, Wreath Place, Garland Avenue, and Prospect Avenue in the amount of $8,820.00, and authorized execution of the agreement by the Mayor and City Clerk. PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF WATER MAIN REPLACEMENT PROJECTS ON BIKINI PLACE, SAIGON LANE, LINDALE LANE, AND HEWES AVENUE (CAPITAL IMPROVEMENT PROJECT NO. 90-21) Approved a professional services agreement with Fuscoe, Williams, Lindgren & Short for the design of the Water Main Replacement Projects on Bikini Place, Saigon Lane, Lindale Lane, and Hewes Avenue in the amount of $8,000.00, and authorized execution of the agreement by the Mayor and City Clerk. 45 8. PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF WATER MAIN REPLACEMENT PROJECTS ON MALTA STREET, VALE AVENUE, HEWES AVENUE, AND 'ICn STREET (CAPITAL IMPROVEMENT PROJECT NOS.90-18 AND 90-23) Approved a professional services agreement with Norris-Repke, Inc. for the design of the Water Main Replacement Projects on Malta Street, Vale Avenue, Hewes Avenue, and "C" Street in the amount of $7,900.00, and authorized execution of the agreement by the Mayor and City Clerk. 45 9. RESOLUTION NO. 89-186 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE RELOCATION OF SEWER PUMP STATION NO. 6168(R) AND CONSTRUCTION OF FORCE MAIN/GRAVITY SEWER FOR JAMBOREE ROAD BETWEEN EDINGER AVENUE AND BARRANCA PARKWAY THROUGH MCAS, AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS Adopted Resolution No. 89-186 approving plans and specifications for the subject project and directed the City Clerk to advertise for bids. 86B 10. RESOLUTION NO. 89-187 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS ON IRVINE BOULEVARD, NEWPORT AVENUE, EDINGER AVENUE, AND RED HILL AVENUE AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS Adopted Resolution No. 89-187 approving plans and specifications for the subject project and directed the City Clerk to advertise for bids. 86B 11. RESOLUTION NO. 89-188 - 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 THE IMPROVEMENT OF VARIOUS STREETS Adopted Resolution No. 89-188 requesting the County of Orange to include City of Tustin projects in the 1990-92 AHFP. 54 12. RESOLUTION 140. 89-189 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE RELOCATION OF WATER MAINS ON TUSTIN AVENUE, PASADENA STREET AND FIRST STREET AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS Adopted Resolution No. 89-189 approving plans and specifications for the subject project and directed the City Clerk to advertise for bids. 86B 13. I-5/SR-55 PHASE II RECONSTRUCTION, TRAFFIC CONTROL MITIGATION Authorized, by Minute Motion, staff to purchase traffic signal controllers and equipment for the First Street, Yorba Street, and Irvine Boulevard improvement project by material bid. 94 14. RESOLUTION NO. 89-190 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF STREET AND TRAFFIC SIGNAL IMPROVEMENTS ON FIRST STREET, YORBA STREET AND IRVINE BOULEVARD AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adopted Resolution No. 89-190 approved plans and specifications for subject project and directed the City Clerk to advertise for bids upon receipt of approval by the Director of Public Works/City Engineer. 86B CITY COUNCIL MINUTES Page 5, 12-4-89 15. RESOLUTION NO. 89-180 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP 88-350 Approved Final Parcel Map 88-350, by adopting Resolution No. 89-180. 99 16. RESOLUTION NO. 89-179 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE CITY'S 1990-91 APPLICATION FOR HOUSING AND COMMUNITY DEVELOPMENT FUNDS AND AUTHORIZING SUBMISSION OF SUCH APPLICATION TO THE COUNTY OF ORANGE - Adopted Resolution No. 89-179 approving the 1990-91 application for the proposed use of Community Development Block Grant (CDBG) funds. 81 CONSENT CALENDAR NO. 1 - APPROVAL OF MINUTES - NOVEMBER 20, 1989, REGULAR MEETING Councilman Kelly cast a "no" vote on approval of the November 20, 1989 Minutes, which he understood, through his legal counsel, was an illegal meeting due to lack of a quorum. Councilman Prescott also cast a "no" vote on the approval of the Minutes. It was moved by Edgar, seconded by Kennedy, to approve the Minutes of the November 20, 1989, Regular Meeting. Mayor Pro Tem Kennedy requested the record reflect that the November 20, 1989 meeting was a regularly scheduled City Council meeting and Councilmen Kelly and Prescott, by their absence and their evaluation that former Councilman Hoesterey was not a legal Councilmember, were responsible for an illegal meeting. The motion died 2-2. Edgar and Kennedy favored, Kelly and Prescott opposed. Mayor Edgar requested the City Attorney render an opinion as to the significance of the Council action. He stated that Councilmen Kelly and Prescott were not present at the November 20, 1989 meeting, which disqualified them from voting against approval of the Minutes and their response should be abstension. James Rourke, City Attorney, stated the Minutes were not approved. CONSENT CALENDAR NO. 2 - APPROVAL OF DEMANDS IN THE AMOUNT OF $923,444.18; RATIFICATION OF PAYROLL IN THE AMOUNT OF $215,939.03 Councilman Kelly questioned figures on Page 7 of Demand Report dated November 15, 1989 and Page 5 of Demand Report dated November 21, 1989. He requested an itemized, dated breakdown of the $30,745 expenditure to the City Attorney's office; future invoices from the City Attorney's office be itemized and dated; and that Audit Committee review the assignment for these warrants. It was moved by Kelly, seconded by Edgar, to approve demands in the amount of $923,444.18 and ratify the payroll in the amount of $215,939.03 subject to clarification. The motion carried 4-0. 50 VIII. ORDINANCES FOR INTRODUCTION - None IX. ORDINANCES FOR ADOPTION 1. ESTABLISHMENT OF TRANSPORTATION IMPROVEMENT PROGRAM AREAS AND DEVELOPMENT FEES, ORDINANCE NO. 1037/RESOLUTION NO. 89-165 It was moved by Edgar, seconded by Kennedy, that Ordinance No. 1037 have second reading by title only. The motion carried 44=0. Following second reading by title only of Ordinance No. 1037 by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 1037 be passed and adopted as follows: CITY COUNCIL MINUTES Page 6, 12-4-89 ORDINANCE NO. 1037 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE BY ADDING SECTION 8101 k. TO ESTABLISH A TRANSPORTATION SYSTEM IMPROVEMENT DEVELOPMENT FEE Councilman Kelly stated he was opposed to the Ordinance and perceived it would bypass Proposition 13. Councilman Prescott affirmed he was against the establishment of any taxing authority without the approval of the voters. Mayor Pro Tem Kennedy explained that the Joint Powers Agreement between the Cities of Santa Ana and Tustin had been developed over a six month period of time and was very much in the spirit of Proposition No. 13 in that those who created traffic problems by development would pay for mitigation. She requested Councilman Prescott abstain from voting because of property owned in one of the project areas. Mayor Edgar stated the major concern voiced by citizens of Tustin was traffic congestion and he felt the burden of the cost for relieving traffic dilemmas should be the responsibility of the developers not Tustin residents. The following member of the audience spoke in opposition to Ordinance No. 1037: Alex Carassi, 17961 Arballada, Tustin The following member of the audience spoke in favor of Ordinance No. 1037: Guido Borges, 2182 Dogwood Road, Tustin The motion died 2-1-1, Edgar and Kennedy favored, Kelly opposed, Prescott abstained. (Roll call vote) It was moved by Edgar, seconded by Kennedy, to adopt the following Resolution No. 89-165: RESOLUTION NO. 89-165 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM AREAS AND SETTING INTERIM DEVELOPMENT FEES THEREFORE The motion died 2-1-1, Edgar and Kennedy favored, Kelly opposed, Prescott abstained. lQQ 2. ORDINANCE NO. 1033, REGULATION OF NEWSRACKS It was moved by Kennedy, seconded by Edgar, that Ordinance No. 1033 have second reading by title only. The motion carried 44=0. Following second reading by title only of Ordinance No. 1033 by the City Clerk, it was moved by Kennedy, seconded by Edgar, that Ordinance No. 1033 be passed and adopted as follows: ORDINANCE NO. 1033 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE REGARDING THE REGULATION OF NEWSRACKS The motion died 2-2, Kennedy and Edgar favored, Prescott and Kelly opposed. (Roll call vote) It was moved by Kelly, seconded by Prescott, to enforce Ordinance No. 583, adopted in 1973. The following member of the audience spoke in favor of Ordinance No. 1033: Eric Stuehrmann, 1192 Mitchell Avenue #61, Tustin The following member of the audience spoke in opposition to Ordinance No. 1033: CITY COUNCIL MINUTES Page 7, 12-4-89 Randy Wolfe, 17272 Roseleaf Avenue, Tustin Mayor Edgar affirmed that Ordinance No. 583 was unenforceable and he was not in favor of spending extensive taxpayer money to enforce an Ordinance that the court would not uphold. He was committed to addressing the issue of pornography in a manner that had a reasonable chance for success. Mayor Pro Tem Kennedy requested the City Attorney repeat his .. advise regarding Ordinance No. 583 and asked if Ordinance No. 1033 was the safest, surest way to have a pornography free environment. James Rourke, City Attorney, responded that under the present law, if the City enforced Ordinance No. 583 prohibiting all newsracks in the public right-of-way, the City would immediately be taken to court by the Los Angeles Times and the Orange County Register. The City would lose the lawsuit and the newspapers would have the right to put their newsracks on the street. He stated that Ordinance No. 1033 was the most restrictive Ordinance, would be defendable in court, and would restrict the display of objectionable material. Councilman Prescott stated the City was in possession of a legal memorandum from an Arizona legal foundation, supporting the legality of Ordinance No. 583. The motion died 2-2, Prescott and Kelly favored, Edgar and Kennedy opposed. 86 Council concurred to agendize the memorandum from the Arizona legal foundation regarding the legality of Ordinance No. 583. R. OLD BUSINESS 1. STATUS REPORT - JOHN WAYNE AIRPORT NOISE MONITORING PROGRAM (JWA), COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAS), AIRPORT SITE COALITION (ASC) AND HELICOPTER OVERFLIGHT PROGRAM TASK FORCE (HOPTF) It was moved by Kelly, seconded by Prescott, to receive and file subject report. Council/staff discussion followed regarding the appointment of a citizen, who had the ability to understand technical data, to be a liaison between the City and John Wayne Airport; and the collection and tabulation of aircraft noise data to monitor compliance of State and Federal law. Council concurred to agendize at the January 2, 1990 Council meeting, appointment of a John Wayne Airport liaison; State and Federal noise compliance. The motion carried 4-0. 101 2. PUBLIC ALLEY ABANDONMENT/VACATION Robert Ledendecker, Director of Public Works, requested continuance due to Mr. Westrum's illness. It was moved by Kelly, seconded by Edgar, to continue this agenda item to the January 2, 1990 Council meeting. The motion carried 4-0. 105 3. GREEN VALLEY BUILDING SETBACKS The following member of the audience addressed the Council regarding sidewalk removal and requested staff provide him with names/addresses of property owners: Berklee Maughn, Tustin CITY COUNCIL MINUTES Page 8, 12-4-89 It was moved by Edgar, seconded by Kennedy, to continue this item and directed staff to research removal of sidewalks and resubmit to Council for review; provide names/address of property owners. The motion carried 4-0. 4. REQUEST FOR WAIVER OF STREET - IRVINE BOULEVARD E The following member of the audience addressed the Council — regarding the unresolved waiver of street dedication and resulting closure of subject business: Robert Fiscus, representing Chevron USA, Inc. Mayor Edgar stated the City intended to upgrade the intersection of Irvine Boulevard/Newport Avenue within three to five years and that improvement would require some dedicated land from the service station. Chevron's problem was expending funds on upgrading their property now and then having their efforts destroyed in three to five years. Council/speaker discussion followed regarding interruption of business, private ownership of property, underground storage tanks, financial assistance from the Redevelopment Agency, precise road alignment, and enhancement of Chevron's business following the reconstruction of the intersection. Mayor Edgar and Councilman Prescott volunteered to participate in a meeting with staff and Chevron. It was moved by Edgar, seconded by Kelly, to continue this item to the January 2, 1990 Council meeting, allowing Council representatives, staff, Chevron and all interested parties to meet and attempt resolution. — The motion carried 4-0. 95 5. COMPLAINT OF MR. NICHOLAS REGARDING WESTERN BAGEL The following members of the audience addressed the Council regarding excessive noise at Western Bagel: Kathryn and Robert Nicholas, 190 Centennial #13, Tustin Councilman Prescott stated he would visit the residence of Mr. Nicholas. Mayor Edgar said he was committed to identifying a specific non- compliance of code but without a quantitative analysis it was difficult for the City to enforce compliance on a noise that did not have a numeric. If the noise could not be measured, there was no way to determine non-compliance of Code. The following member of the audience addressed the Council regarding operation time and procedures for Western Bagel: Dennis Wantink, Manager, Western Bagel Mayor Pro Tem Kennedy questioned whether Mr. Benedict with the County of Orange had contacted Mr. Nicholas to arrange the installation of sound monitoring equipment. Christine Shingleton, Director of Community Development, responded that correspondence had been sent to Mr. Nicholas instructing him to contact the County to schedule the installation of sound monitoring equipment. Council/staff/speaker discussion followed regarding placement of noise monitoring equipment and payment of the $175 fee charged by the County for installation of the equipment. CITY COUNCIL MINUTES Page 9, 12-4-89 It was moved by Kennedv, seconded by Edgar, that staff coordinate placement of noise monitoring equipment and the City will pay the $175 installation fee; Mayor Edgar and Councilman Prescott to visit residence. The motion carried 4-0. 81 SI. NEW BUSINESS 1. ORANGE COUNTY VECTOR CONTROL DISTRICT COUNCIL It was moved by Edgar, seconded by Prescott, to appoint Mayor Pro Tem Kennedy to serve a 2 -year term as the Orange County Vector Control District representative. The motion carried 4-0. 38 2. GRAND JURORS, ORANGE COUNTY SUPERIOR COURT Mayor Pro Tem Kennedy encouraged any member of the community who would like to be nominated by the Council for service on the Grand Jury to forward their resume to the Council prior to January 19, 1990, and requested the press assist in promoting citizen interest. It was moved by Kennedy, seconded by Edgar, to receive and file subject report. The motion carried 4-0. 67 3. EARTHQUAKE ASSISTANCE - NORTHERN CALIFORNIA CITIES Mayor Pro Tem Kennedy noted a letter from the City of Signal Hill requesting financial or staff assistance for Northern California .-. cities devastated by the recent earthquake. She asked for Council input regarding offer of assistance, review of Tustin's Emergency Preparedness Plan, and use of Northern California's experiences during the earthquake as a model for the City's Plan. Councilman Prescott encouraged citizens to contribute assistance through charities. Mayor Edgar felt financial contributions should be personal rather than City funds and suggested providing technical assistance to gain knowledge. Use of that knowledge would be used to enhance Tustin's preparedness. William Huston, City Manager, responded that the City would have the ability to learn from Northern California's experiences because all the technical aspects of earthquake preparedness were compiled through the State's emergency services, which the City participated in through emergency planning and it was an on-going process. Staff would be agendizing a report on the City's Disaster Preparedness Plan sometime in January or February. It was moved by Kennedv, seconded by Edgar, to receive and file subject report. The motion carried 4-0. 86 RECESS The meeting recessed at 9:13 p.m. and reconvened at 9:19 p.m. 4. DECEMBER 41 1989 CITY COUNCIL MEETING - ADJOURNMENT TO DECEMBER 14, 1989 Councilman Prescott requested this meeting be adjourned to December 14, 1989, for the purpose of appointing a candidate to the City Council vacancy. Mayor Edgar stated with the broad spectrum of prospective candidates he felt a decision could be reached tonight. CITY COUNCIL MINUTES Page 10, 12-4-89 It was moved by Prescott, seconded by Kelly, that the City Council meeting adjourn to December 14, 1989. The motion died 2-2, Prescott and Kelly favored, Edgar and Kennedy opposed. 38 S. AWARD OF CONTRACT FOR CONSTRUCTION OF ASSESSMENT DISTRICT 86-2 STORM DRAIN FACILITY F06B0l AND LINES Fr G AND J It was moved by Kennedy, seconded by Kelly, to award a contract to Forster Construction in the amount of $1,784,860.00 for subject project. The motion carried 4-0. 86B 6. APPOINTMENT TO CULTURAL RESOURCES ADVISORY COMMITTEE AND STATUS REPORT OF CURRENT ACTIVITIES It was moved by Prescott, seconded by Kelly, that Bruce Ferdig be appointed to the Cultural Resources Advisory Committee. Mayor Pro Tem Kennedy noted that the Historical Society had recommended Bruce Ferdig, however, the City Council was the appointive body. The motion carried 4-0. 7. FILLING VACANCY ON THE CITY COUNCIL *31 It was moved by Prescott, seconded by Edgar, to nominate the following candidates for the position of Member of the City Council: Carole Bryant Arnold Gaunt Charles Mack Zipora Shifberg-Mencher James Niemiec Charles Puckett Peter Tobin Susan Welsh The following candidates spoke regarding their qualifications and experience for the position of Councilmember and responded to questions from the City Council: Arnold Gaunt Charles Mack Zipora Shifberg-Mencher Peter Tobin Mayor Edgar read letters submitted by the following candidates regarding their qualifications and experience for the position of Councilmember: Carole Bryant James Niemiec Charles Puckett Susan Welsh Mayor Edgar explained the procedure used for balloting and instructed the City Council to vote for one candidate. The results of the first, second and third balloting were as follows: Edgar: voted for Puckett Kennedy: voted for Puckett Kelly: voted for Mack Prescott: voted for Mack It was moved by Edgar, seconded by Kennedy, that the City Council was deadlocked in appointing a candidate and the vacancy would be filled at the April 10, 1990 election. CITY COUNCIL MINUTES Page 11, 12-4-89 Council discussion followed regarding the qualifications of Mr. Puckett and Mr. Mack. The motion died 2-2, Edgar and Kennedy favored, Kelly and Prescott opposed. Council discussion followed regarding the positive and negative aspects of electing a candidate at the April 10, 1990 election. .., 8. 1990-91 CAPITAL HIGHWAY IMPROVEMENT PROGRAM PROJECTS AND FUNDING It was moved by Kennedy, seconded by Edgar, to approve, by Minute Motion, the 1990-91 Capital Highway Improvement Program Projects and Funding. The motion carried 4-0. 54 XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - NOVEMBER 27j, 1989 It was moved by Kennedy, seconded by Edaar, to ratify the Planning Commission Action Agenda of November 27, 1989. The motion carried 4-0. 80 XIII. PUBLIC INPUT 1. SUPPORT OF APRIL ELECTION Kenneth Hoesterey, 14861 Braeburn Road, Tustin, spoke in opposition to an L.A. Times editorial on the April election and expressed his personal support of an April election. 2. MAYOR PRO TEM KENNEDY'S BIRTHDAY Shirley Ruff, 14761 Foxcroft Road, Tustin, wished Mayor Pro Tem Kennedy a Happy Birthday. XIV. OTHER BUSINESS 1. LOWER PETERS CANYON RETARDING BASIN James Rourke, City Attorney, requested action be taken on the transfer of fee title for subject property to the Orange County Flood Control District. Mayor Edgar clarified that this matter was brought to the Council's attention, after the agenda was posted, to enter into an agreement with the Orange County Flood Control District to transfer the ownership of the completed Lower Peters Canyon Retarding Basin and it was critical action be taken prior to January 1, 1990. He explained that the County of Orange needed to take action subsequent to the Council's action and it was a matter to which the Council had previously committed. It was moved by Edaar, seconded by Prescott, to place this item on the agenda because the need to take action arose after the agenda was posted. The motion carried 4-0. It was moved by Edaar, seconded by Prescott, -to approve the amendment and amended documents and authorize and direct the Mayor and City Clerk to sign the amended agreement and documents. The motion carried 4-0. 45 2. HOLIDAY WISHES Mayor Edgar, Councilman Kelly and Councilman Prescott wished everyone a Happy Holiday Season. CITY COUNCIL MINUTES Page 12, 12-4-89 3. TREE LIGHTING CEREMONY Mayor Pro Tem Kennedy commended staff for the wonderful tree lighting ceremony and thanked Community Services for giving so much to enrich the community consistently throughout the year. 4. LETTER FROM PARKS AND RECREATION COMMISSIONER RANDALL Councilman Prescott requested the letter from Commission Sam Randall dated November 29, 1989, be agendized for the January 2, 1990 City Council meeting. S. TRAFFIC SIGNAL AT BRYAN AVENUE/FARMINGTON ROAD Councilman Prescott requested a report regarding the traffic signal at Bryan Avenue and Farmington Road. 6. COMMISSION/COMMITTEE PORTRAITS IN CITY HALL Councilman Prescott requested an update on the status of placing portraits in City Hall of all Commission/Committee members. 7. POSTING OF PARKS AND RECREATION COMMISSION MEETINGS Councilman Prescott requested the date and time of Parks and Recreation Commission meetings be included on the notification board. 8. CITY FINANCIAL STATUS Mayor Edgar requested a financial status report be agendized for the February 20, 1990 City Council meeting. 9. CITY WATER SYSTEM — Mayor Edgar requested a comprehensive report on the City's water system (wells, pipes, reservoirs) and suggested the possible use of a consultant. The report would take approximately six months to complete and would be agendized for Council action. XV. CLOSED SESSION XVI. Mayor Edgar announced 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. At 10:21 p.m., the meeting recessed to the Redevelopment Agency, then to the above Closed Session and then adjourned to an Adjourned Regular Meeting on Tuesday, January 2, 1990, at 7:00 p.m. CITY CLERK MAYOR