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HomeMy WebLinkAboutCC MINUTES 1988 06 20MINUTES OF A REGULAR FETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA JUNE 20, 1988 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Hoesterey at 7:03 p.m, in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Mayor Hoesterey, and the Invocation was given by Rev. Patrick A. Doherty, Pastor of St. Cecilia Catholic Church. II. ROLL CALL Councilpersons Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar John Kelly Earl J. Prescott Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Dir. of Comm. Development Fred Wakefield, Acting Chief of Police Robert Ledendecker, Director of Public Works Royleen White, Dir. of Comm. & Adm. Services Ronald A. Nault, Finance Director Ronald Wolford, Engineering Services Manager Pablo Rodriguez, Field Services Manager Valerie Whiteman, Deputy City Clerk Lloyd Dick, Building Official Susan Jones, Recreation Superintendent Approximately 35 in the audience III. PROCLAMATION Mayor Hoesterey read and presented a proclamation from the City Council to Rev. Patrick A. Doherty. Father Doherty will be leaving the community after serving as the Pastor of St. Cecilia Catholic Church for over 12 years. The proclamation was given as recognition of his powerful positive influence and years of service to the community. Father Doherty expressed his appreciation to the Council and the community. 84 IV. PUBLIC HEARINGS 1. LEVY OF ANNUAL ASSESSMENTS FOR THE 1988-89 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Ronald Wolford, Engineering Services Manager, reported that this Public Hearing is for the annual levy of assessments to provide street lighting and landscaping maintenance in, primarily, the East Tustin area. The rates proposed for the coming year are slightly less than those in the current year. He gave a brief overview of the boundaries incompassed within the District. Councilman Edgar asked if it was possible and desirable to bring a larger percentage of the City into this District. Ronald Wolford responded that the majority of the City not included in this particular district belongs to the Orange County Lighting District. The Orange County Lighting District was taken over by the City approximately one year ago and renamed the Tustin Lighting District. He did foresee the possible total amalgamation of these two programs into a single district. After further discussion, the Public Hearing was opened by Mayor Hoesterey at 7:20 p.m. There were no speakers on the matter and the Public Hearing was closed. CITY COUNCIL MINUTES Page 2, 6-20-88 It was moved by Edgar, seconded by Kennedy, to adopt the following: RESOLUTION NO. 88-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, ORDERING THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND CONFIRMING THE ANNUAL 1988-89 FISCAL YEAR LEVY OF ASSESSMENT FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LIGHTING FACILITIES WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT The motion carried 5-0. Councilman Edgar asked that staff be directed to formulate a plan for assimilating the two lighting districts into one and that plan be submitted within three months. Council concurred. Councilman Prescott requested that the City seek out quality landscapers and not always automatically choose the lowest bidder. 63 V. PUBLIC INPUT - None VI. CONSENT CALENDAR Item 9 was removed from the Consent Calendar by Councilman Edgar. It was moved by Kennedy, seconded b KellX, to approve the remainder of the Consent a en ar. a motion cattle -0. 1. APPROVAL OF MINUTES - JUNE 6, 1988, REGULAR MEETING JUNE 13, 1988, ADJOURNED REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,813,659.56 RATIFICATION OF PAYROLL IN THE AMOUNT OF $177,176.39 3i7 3. RESOLUTION NO. 88-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR MANUFACTURE AND DELIVERY OF REINFORCED CONCRETE PIPE FOR ASSESSMENT DISTRICT NO. 86-2 AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopted Resolution No. 88-66 approving plans and specifications and authorizing advertisement for bids for the manufacture and delivery of reinforced concrete pipe, Assessment District 86-2 as recommended by the Public Works Department/Engineering Division. 40 4. RESOLUTION NO. 88-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, INFORMING THE ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE OF THE STATUS OF THE CITY OF TUSTIN MASTER PLAN OF ARTERIAL HIGHWAYS Adopted Resolution No. 88-67 informing the Arterial Highway Financing Program Advisory Committee of the status of the City of Tustin Master Plan of Arterial Highways as recommended by the 6 Public Works Department/Engineering Division. 5. AGREEMENT WITH THE CITY OF ORANGE AND THE IRVINE COMPANY FOR THE IMPROVEMENT OF JAMBOREE ROAD BETWEEN IRVINE BOULEVARD AND EXISTING CHAPMAN AVENUE Approved an agreement with the City of Orange and The Irvine Company for the improvement of Jamboree Road between Irvine Boulevard and existing Chapman Avenue and authorized the Mayor and City Clerk to sign as recommended by the Public Works Department/Engineering Division. 45 6. RESOLUTION NO. 88-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OPPOSING ANY FORM OF JOINT OR FULL COMMERICAL USE OF MCAS EL TORO Adopted Resolution No. 88-65 opposing any form of joint or full commerical use of MCAS E1 Toro as requested by the City Counc101 7. AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR EL CAMINO REAL BETWEEN MYFORD ROAD AND JAMBOREE ROAD Approved an agreement with the Southern California Edison Company for extension of underground electric lines and street lights on El Camino Real between Myford Road and Jamboree Road as recommended by the Public Works Department/Engineering- 45, CITY COUNCIL MINUTES Page 3, 6-20-88 8. PROFESSIONAL SERVICES AGREEMENT FOR GEOTECHNICAL SERVICES - JAMBOREE ROAD BETWEEN IRVINE BLVD. AND SANTIAGO CANYON ROAD Approved the professional services agreement designating Geo -Soils, Inc. of Santa Ana to provide geotechnical services along Jamboree Road between Irvine Boulevard and Santiago Canyon Road in the City of Orange, and authorize the Mayor to execute said agreement. 45 Consent Calendar Item No. 9 - Authorization for Professional Services/Structural Plan Check and Infrastructure Services It was moved by Edgar, seconded by Prescott, that this item be continued to the July 5, 1988, Council meeting. Mayor Pro Tem Kennedy asked the reason for the continuance. Councilman Edgar felt there were other consultants that should be given the opportunity to be considered. Mayor Hoesterey, as an addition to the original motion, asked that any continuances of existing contracts be included. The motion carried 5-0. VII. ORDINANCES FOR INTRODUCTION - None 45 VIII. ORDINANCES FOR ADOPTION 1. ZONING ORDINANCE AMENDMENT 87-4 (CULTURAL RESOURCES DISTRICT) Subject Ordinance No. 1001 had first reading and introduction at the June 6, 1988, meeting. It was moved by Kennedy, seconded b Edgar, that Ordinance No. 1001 have second reading by title only. The motion carried 3-0, Kelly and Prescott abstaining. Following second reading by title only of Ordinance No. 1001 by the City Clerk, it was moved by Kennedy, seconded by Edgar, that Ordinance No. 1001 be passed and adopted as To ows. ORDINANCE NO. 1001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING ZONING ORDINANCE AMENDMENT 87-4 AMENDING PART 5 AND 7 OF CHAPTER 2, ARTICLE 9 OF THE TUSTIN CITY CODE AS IT RELATES TO CULTURAL RESOURCES. Spencer Gilbreath, 449 E. First St., Tustin, spoke in opposition to the Ordinance. He felt the Ordinance added unnecessary burden to commercial property owners. He questioned why tenants were included in a survey that primarily effected property owners. Councilman Edgar, after a brief analysis of the survey, felt that even though some were opposed, there was a small majority in favor of the ordinance. Recognizing that, he was obliged to vote for approval. He noted that formal recommendations from this commission will be made directly to the Council for review and action. The motion carried 3-0, Kelly and Prescott abstaining. (Roll call)81 2. CITY ORDINANCE 1008 - ADDITION TO TUSTIN CITY CODE 4930 PERTAINING TO CROSS -CONNECTION CONTROL, PUBLIC WATER SYSTEMS Subject Ordinance No. 1008 had first reading and introduction at the June 6, 1988, meeting. It was moved by Kennedy, seconded by Edgar, that Ordinance No. 1008 have second reading by title only. The motion carried 5-0. Following second reading by title only of Ordinance No. 1008 by the City Clerk, it was moved by Kennedy, seconded by Kelly, that Ordinance No. 1008 be passed and adopted as follows: ORDINANCE NO. 1008 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING A CROSS -CONNECTION CONTROL PROGRAM, THEREBY ADDING CHAPTER 1, SECTION 4930, TO THE TUSTIN CITY CODE, TO PROTECT THE PUBLIC WATER SYSTEM WITHIN THE CITY'S WATER SYSTEM AREA CITY COUNCIL MINUTES Page 4, 6-20-88 The motion carried 5-0. (Roll Call Vote) 107 3. COMMUNITY SERVICES COMMISSION ORDINANCE NO. 1009 Subject Ordinance No. 1009 had first reading and introduction at the June 6, 1988, meeting. It was moved by Edgar, seconded by Kennedy, that Ordinance No. 1009 have second reading by title only. The motion carried 5-0. Following second reading by title only of Ordinance No. 1009. the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 1009 be passed and adopted as follows: ORDINANCE 40. 1009 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDINGPARTV, CONSISTING OF SECTIONS 1551 THROUGH 1557, TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE TO ESTABLISH A COMMUNITY SERVICES COMMISSION. Mayor Pro Tem Kennedy wondered why the word "park" was not included in the title of the commission. Royleen White, Director of Administrative and Community Services, indicated that staff did not have a particular preference for .the name of the commission. After further discussion and concurrence with the City Attorney, it was moved by Edgar, seconded by Kennedy, that the name be changed to the arks and Recreation Commission. The motion carried 5-0. Mayor Hoesterey restated that he felt the needs of the City could be better served with an Ad Hoc Committee with specific purposes and goals, thus his reason for opposition. The motion for ado tion of Ordinance No. 1009 carried 4-1, Hoesterey opposed. Roll Call Vote 76 IX. OLD BUSINESS 1. STATUS REPORT - JWA/CRAS/ASC After an airport status report by, Christine Shingleton, Director of Community Development, it was moved by Kennedy, seconded by _Edgar, to receive and file subject report. ire motion carried -O 101 2. REQUEST FOR HANDICAPPED PARKING STALL (FIRST/PACIFIC STREETS) Councilman Kelly questioned why staff had not automatically dealt with this request for handicapped parking, as they had done in the past. Robert Ledendecker, Director of Public Works, responded that current traffic code does provide for staff to install a handicapped parking place, however, in this particular case Betty Davies had requested the handicapped parking directly from the Council at a recent meeting. The Council had then directed staff to report back on the matter. He also added that in his most recent conversation with Mrs. Davies, she indicated her approval of the City contacting her employer. Staff will then proceed in contacting the employer regarding handicapped parking on the work site. It was moved by Edgar, seconded by Kennedy, that subject report be received and filed. The motion carried 5-0. 75 3. UNDERGROUND/UTILITY DISTRICT NO. 10 FOR NEWPORT/MCFADDEN AVENUE Councilman Edgar gave a brief background of the subject parcel where Mrs. O'Dell's home is located. He felt that Mrs. O'DelI's property value had been greatly increased when the City rezoned the property from residential to commerical. -• CITY COUNCIL MINUTES Page 5, 6-20-88 It was moved by Edgar, seconded by Kelly, that the City pay for the cost of the service conversion and file a lien for the said conversion, plus interest, against the property and require payment in full when the title of property is transferred. The motion carried 5-0. Councilman Edgar asked when construction for undergrounding on First Street would begin. Robert Ledendecker, Director of Public Works, reported that due to Edison Co. bid delays, the construction will begin in July, 1988. 104 4. COLUMBUS TUSTIN PARK Councilman Edgar stated that since the staff report indicated it would take approximately 12 months to complete the working plans for the park, Edgar moved that staff be directed to proceed with the hiring of an architect. Mayor Hoesterey questioned his source of funding and timeline for construction of the park. Councilman Edgar responded that funding would come from a park bond, reimbursement for County land and the Redevelopment Agency. After refinancing of the Redevelopment Agency, as it pertains to the Town Center area, then the appropriate timing for construction could be determined. It was moved by Kennedy that this item be reconsidered later in the summer when Council reviews the Redevelopment Agency funds. Mayor Hoesterey agreed. He did not feel it was wise to expend the funds at this time. Councilman Kelly felt there were projects that deserved a higher priority, such as the Tustin High School Stadium. The motion was seconded by Edgar and it carried 5-0. 77 X. NEW BUSINESS 1. POLICE MOTORCYCLE REPLACEMENT It was moved by Kennedy, seconded by Edgar, to authorize the purchase of four (4) new police motorcycles at the cost of $5,299 each, plus tax, for a total of $22,467.76, including tax, from Santa Ana Kawasaki, 1850 E. Edinger Avenue, Santa Ana, CA 92705, as recommended by the Police Department. Councilman Kelly asked why the motorcycles were being purchased though the regular bid process when previously purchased police cars had not. William Huston, City Manager, explained the difference was police cars are purchased by the City, as City Code allows, through the Los Angeles Sheriff's Department which does large scale bidding. Motorcycles are bid through the standard City bid process because there is no conformity of bid packets among other agencies. The motion carried 5-0. 82 2. TAPES AND TRANSCRIPTS OF MEETINGS It was moved by Kenned seconded by Edgar, that the Council make available to t e pu ic, or a ee, tapes of all City Council meetings and staff to submit a revised Resolution establishing that fee. Mayor Hoesterey stated that as far as Council requesting transcripts of meetings, he would like to see a majority of the Council required for those requests. Councilman Prescott voiced his opposition to the Resolution. CITY COUNCIL MINUTES Page 6, 6-20-88 Mayor Pro Tem Kennedy, in giving the background of the situation, stated she had found an employee, on overtime, typing a verbatim transcript of a Council meeting. The employee was on page 32 and was only into the first hour of the meeting. A copy of the tape would have been a more efficient way to handle this request. Councilman Kelly felt that if a Councilmember or the public desires a transcript, they should be required topay for it. Councilman Edgar felt that nomimal requests for tapes or transcripts could be provided for at an appropriate cost and the Council should be provided with transcripts that were not excessive. A policy should be established accordingly. A substitute motion was made by Kennedy, seconded by Hoesterey, that a Resolution be prepared and returned to Council covering the access and cost of tapes and that transcripts can be prepared if it pertains to City business and is requested by a majority of the Council. After a discussion regarding cellular car phones for Councilmembers, the motion carried 4-1, Prescott opposed. 38 3. CAMPAIGN CONTRIBUTION LIMITATIONS It was moved by Kelly, seconded by Prescott, that an Emergency Ordinance be adopted limiting City Council candidate contributions to $100.00. To be consistent with the County standard, a substitute motion was M2 by Hoesterey, second_e_d bV Edgar, that campaign contributions Tor ity ounci�cTi atess be limit�Tce to $250.00. Councilman Kelly stated that incumbents have an advantage over challenging grass -root campaigners in obtaining donations. He felt that some contributions carried "favors" along with them and limiting the contributions to $100.00 would keep officeholders from "owing" to one contributor. Mayor Hoesterey debated that by limiting individual contributions., it could become a campaign of the wealthy. Because there are no laws limiting how much an individual can spend on a campaign, the very wealthy would have the advantage of "buying" a position. Mayor Pro Tem Kennedy felt this was a matter that should not be rushed into without careful consideration. Staff was correct in asking for sufficient time to prepare a model ordinance. She was particularly interested in learning if the total amount spent on a City Council election could be limited. She recommended that both of the previous motions be withdrawn. Councilman Edgar was interested in the model ordinance being prepared by the League of Cities. In the staff report article, it stated that the bulk of California cities have campaign contribution limitations between $250 and $500. He approved of limiting campaign contributions but felt it required additional review. He also noted that Propositions 68 and 73 had passed and those laws will have direct influence on information that should be included in the City's ordinance. Mayor Hoesterey withdrew his substitute motion and Councilman Edgar withdrew his second of the motion. Another substitute motion was made by Kenned seconded by Edgar, that this item be continued unt1 ibis received on propositions 68 and 73, a survey of Orange County cities with campaign limitations has been completed, and the model ordinance prepared. This matter to be agendized for the August 1, 1988, meeting. The motion carried 5-0. CITY COUNCIL MINUTES Page 7, 6-20-88 4. PURCHASE OF FUEL MANAGEMENT SYSTEM AND REFUSE COMPACTOR It was moved by Edgar, seconded by Kelly, to authorize the purchase of a Refuse Compactor from Fountain Truck Equipment for $13,205.48 and the purchase of a Fuel Management System from J.F. Keaveny for $18,950.00 as recommended by the Public Works Department/Field Services. The motion carried 5-0. 86 P..., 5. AMENDMENT TO SUBDIVISION AGREEMENT FOR TRACT NO. 12870 It was moved by Edgar, seconded b Hoestere , that the Reimbursement Agreement between the Irvine Co. and the City of Tustin, in December, 1986, be amended to provide that the maximum amount of reimbursement be increased from $3,000,000.00 to $4,653,000.00 and that the Irvine Co. be allowed to furnish the City a letter of credit in lieu of posting bonds. The motion carried 5-0. 99 XI. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JUNE 13, 1988 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. It was moved by Edgar, seconded by Hoestere , to ratify the Planning Commission Action Agenda of June 13, 1988. Mayor Pro Tem Kennedy requested that Council review the outdoor seating guidelines and requested agendizing for discussion. Mayor Pro Tem Kennedy also requested that Tustin Meadows be noticed and involved in the discussions regarding the Tustin Meadows/Pepper- tree easement. This item to also be agendized. The motion carried 5-0 2. RESIDENTIAL COMMUNITY CARE FACILITIES m It was moved by Edgar, seconded by Hoesterev, that this item be continued to the July 5, 1988, meeting. Onalee Elliott, 13631 Yorba St., Tustin, addressed the Council regarding Community Care Facilities at 13682 Yorba, 13682 Rosalind, 13631 Fairmont, 13531 Yorba, 12372 Yorba and 1744 Laurie. Her concerns included number of residences per house is higher than allowed in permits, increased traffic and parking problems, tres- passing, trash and noise pollution, verbal and physical abuses to neighbors, displays of nudity, property damage, theft, rape and murder. She requested denial of license renewals for these houses. Mayor Hoesterey suggested that correspondence Ms. Elliott had received be forwarded to staff. Council is very interested in reviewing this situation and taking action on the requests of the neighborhood. Staff has been instructed to compile documentation and submit to the Council for action. Councilman Prescott suggested that community scoping sessions be conducted bringing the neighbors together for discussion in a public forum. The motion carried 5-0. 57 3. RETROFIT OF BUILDINGS TO COMPLY WITH UNIFORM FIRE CODE PROVISIONS FOR SPRINKLER SYSTEMS Councilman Edgar suggested that the City take minimal steps toward retroactivity of the stringent fire code. Christine Shingleton, Director of Community Development, stated that the recommendation from the Fire Department did not warrant retrofit. The recommendation was based not only on expense, but felt the present level of service for property and life was satisfactory. CITY COUNCIL MINUTES Page 8, 6-20-88 It was moved by Edgar seconded by Hoesterey, that the' subject report be received and filed. The motion carried 5-0. 51 4. SEVENTEENTH STREET, YORBA STREET/CARROLL WAY TO ROUTE 55 FREEWAY It was moved by Kennedy, seconded by Edgar, that subject report be received and filed. The motion carried 5-0. 95 5. FLEMING RESIDENCE AT 13831 ORANGE STREET It was moved by Kenne, seconby Edgar, that subject report be received and filed.dyThe ded motion carried 5-0. 42 XII. OTHER BUSINESS 1. RESIDENT COMPLAINT REGARDING TREE DAMAGE AT VINEWOOO/YORBA Councilman Kelly reported that a resident had complained to him about trees damaging the sidewalk and littering at Vinewood and Yorba Streets. 2. REFUSE BINS NEEDED FOR APARTMENT COMPLEX ON BONITA STREET Councilman Kelly reported on conditions in the alleyway for apartment complex on Bonita Street. The tenants at this apartment complex have individual plastic trash cans instead of refuse bins. 3. DISCUSSION OF CLOSED SESSION ITEMS IN PUBLIC FORUM Councilman Kelly moved that specific items scheduled for Closed Session be discussed in public. He did not see the need for discussion in Closed Session. James Rourke, City Attorney, responded that these items are proper for discussion in Closed Session under the Brown Act. It is difficult to discuss strategy for purchasing property in open forum. The Brown Act is very specific in defining areas of discussion in Closed Session. 4. CITY SUPPORT OF BOYS CLUB Councilman Edgar noted that since revenue for the Boys Club had been lost due to cancellation of the go-kart races, he requested staff review the legal opportunities to support the Boys Club. Additionally, he also noted that future residents of East Tustin will need the same services, and wanted the City to think ahead as to how that can be accomplished. 5. BANNER REMOVAL FROM POLE ON PROSPECT AVENUE Councilman Prescott asked that a banner of balloons from the last Tiller Days be removed from the telephone pole on Prospect Avenue. 6. WEEDS IN PLANTER ON IRVINE BOULEVARD Councilman Prescott requested that weeds be removed from the planters on Irvine Blvd. XIII. CLOSED SESSION Mayor Hoesterey announced that the City Council will recess to Closed Session because litigation had been formally initiated to which the City is a party. The title of said litigation is Fenwick vs. City of Tustin, Case No. 479698. Said Closed Session is held pursuant to the authority of California Government Code Section 54956.9(a) and based on existing facts and circumstances, the City Council has decided to initiate or is deciding whether to initiate litigation. Said Closed Session is held pursuant to the authority of California Government Code Section 54956.9(c). CITY COUNCIL MINUTES Page 9, 6-20-88 XIV. ADJOURNMENT At 9:05 p.m., it was moved by Edgar, seconded by Kennedy, to recess to the Redevelopment Agency, then to the above Closed Session, and then to the next Adjourned Regular Meeting on Tuesday, July 5, 1988, at 7:00 p.m. The motion carried 5-0.