HomeMy WebLinkAboutCC MINUTES 1988 02 16MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
FEBRUARY 16, 1988
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Hoesterey at 7:05 p.m. in the
City Council Chambers, 300 Centennial Way. The Pledge of Allegiance
wasledby .Mayor Pro Tem Kennedy, and the Invocation was given by
Councilman Edgar.
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
Alan Watts, Ass't City Attorney
Mary E. Wynn, City Clerk
Fred B. Wakefield, Police Captain
Robert S. Ledendecker, Dir. of Public Works
Royleen A. White, Dir. of Com. & Admin. Srvcs.
Christine Shingleton, Dir, of Com. Development
Susan Jones, Recreation Superintendent
Janet Hester, Executive Coordinator
Approximately 35 in the Audience
III. PROCLAMATIONS
1. POLICE OFFICER OF THE MONTH - 1987
., Mayor Hoesterey presented proclamations to the following officers:
January Officer Nasario Solis, February - Officer George
Vallevieni, March - Officer Charles Carvajal, April - Officer
Michael Pino, May - Officer John Siebert, June - Officer Joe
Garcia, July — Officer Darryl Pang, August - Officer Mike Ryerson,
September Officer David Kreyling and Axel, October - Officer
Linda March, November Officer Charles Damiano, and December -
Officer David Kreyling. 84
2. THE JABBERWOCKY - HISTORICAL SITE
A Proclamation was presented to Margarete Pottenger for her many
years as owner of the Jabberwocky Teenage Boutique in the downtown
area of Tustin and for her desire to maintain the building as a
historical site in the City of Tustin.
Mrs. Pottenger thanked the Council for the proclamation and said
that Tustin's most unique building is for lease and she is looking
for a tenant, as special as the Jabberwocky has been, to take over
the lease. 84
IV. PUBLIC HEARINGS - None
V. PUBLIC INPUT - None
Mayor Hoesterey requested that New Business No. 3 be taken out of
orderand heardatthis time.
X. NEW BUSINESS.
3. AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE TUSTIN AREA SENIOR
CENTER
The staff report was given by Royleen White. She stated that
tonight was a very exciting time for all those who have been
working on this project and that we are happy that we received a
very good low bid. We are excited and pleased to recommend to the
CITY COUNCIL MINUTES
Page 2, 2-16-88
Council that you award the contract and appropriate the money.
Before you do, we have a representative, Janet Schwartz, from the
SCSC who would like to make some remarks.
Janet Schwartz, spokesperson for the Steering Committee for a
Senior Center, 10292 Overhill Drive, Tustin Foothill area,
expressed deep appreciation and heartfelt thanks for the action
taken tonight in awarding of the contract for the long awaited
Tustin Area Senior Center. She said that this is truly a red let-
ter day for seniors and an important milestone in the development
of the community of Tustin. In August, 1983, a small informal com-
mittee of senior citizens of diverse backgrounds and divergent
views, was formed to study the needs for the feasibility of and the
steps to develop a senior center in Tustin. Our present Mayor
Ronald Hoesterey, and Mayor Pro Tem Ursula Kennedy were Mayor and
Mayor Pro Tem at that time also. The committee felt most fortunate
to have the advise, council, leadership and support of these two
counilmembers. They were with us regularly and we were indeed
grateful to them for their guidance and support. We wish to thank
also all other members of the City Council who have consistently
supported all proposals and requests from us by unanimous 5-0
votes. In August, 1983, when our committee was first formed, the
prospects for a Tustin Senior Center appeared to be a dream.
Tonight that dream has turned into reality. We look forward to
ground breaking ceremonies soon. We also understand that every
effort will be made to complete construction without delay. There
is much planning and work to be done by staff and the seniors
before opening. Many will be asked to assist in setting up the
necessary organizations, governing bodies, procedures, programs,
scheduling, and so forth. We know that we can count on the seniors
to volunteer with enthusiasm. She asked the members of the origi-
nal steering committee, including Mayor Hoesterey, and Mayor Pro
Tem Kennedy, and everyone who supports the efforts to make this
dream a reality to please stand up. A rousing applause followed.
It was moved by Kennedy, seconded by Kelly, that the City Council:
1) Award the contract for construction of the Tustin Area Senior
Center to Construction Architects, Inc., Costa Mesa, in the
amount of $1,586,000.00; and
2) Authorize an appropriation in the amount of $1,450,000.00 from
the General Fund as recommended by the Community Services
Department; and
3) Aproved NEW BUSINESS NO. 1 as follows: 41
X. NEW BUSINESS
1. PROFESSIONAL SERVICES AGREEMENT - CONSTRUCTION OF TUSTIN AREA
SENIOR CENTER
Approved a professional services agreement with Richard Rimestad
for resident inspection services at a rate of $34/hour; and
authorized the Mayor and City Clerk to execute same as recommended
by the Public Works Department/Engineering Division. Motion carried
5-0. 45 88-6
VI. CONSENT CALENDAR
Councilman Edgar requested that Items 1 and 6 be removed from the
Consent Calendar.
It was moved by Edgar, seconded by Kennedy, to approve the balance
of the Consent Calendar. The motion carried 5-0.
2. APPROVAL OF DEMANDS IN THE AMOUNT OF $765,865.10.
RATIFICATION OF PAYROLL IN THE AMOUNT OF $178,887.21
50
3. AMENDMENT TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BSI
CONSULTANTS, INC.
Approved an amendment to Professional Services Agreement entered
into June 18, 1984, with Berryman & Stephenson, Inc., to change
the firm's corporate name to BSI Consultants, Inc.; and
increased the hourly rate to $52/hour from $45/hour as recom-
mended by the Public Works Department/Engineering Division.
45 84-25-
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4. SAN DIEGO CREEK MASTER PLAN EIR - FUNDING AGREEMENT
Approved the agreement with the County of Orange, City of
Irvine, and The Irvine Company, designating the County as lead
agency for preparation of subject EIR and Tustin as a
participating agency for 10% of total funding ($12,000
budgeted); and authorize the Mayor and City Clerk to execute
same as recommended by the Public Works Department/Engineering
Division. 45 88-7
5. PROFESSIONAL SERVICES AGREEMENT, JAMBOREE ROAD AND OTHER PROJECTS
Approved a professional services agreement with Samuel S.
Johnson for resident engineer services on major public works
projects at a rate of $60.00/hour; and authorize the Mayor and
City Clerk to execute same as recommended by the Public Works
Department/Engineering Division. 45 88-8
Consent Calendar Item No. 1 - Approval of Minutes - January 18, 1988 -
Councilman Edgar requested that action on the Minutes be delayed to the
March 7th meeting as every other page was missing from the Council
packet. Council concurred.
Consent Calendar Item No. 6 - Water Service Rate Analysis - Councilman
Edgar said he was supportive of the item but as he read the agenda, he
noticed that the money is allocated in the 1988-89 budget and he looked
in the budget and found that the money is appropriated in the 1987-88
budget. He also found that only three of the four listed projects were
identified and the sum of the cost of the three was the same as for four
projects.
The Director of Public Works explained that after reviewing the final
plans, the budget document reveals Lockwood Park Place and Orangewood as
two streets within the budget and we have found that the records
indicate, and we have field checked some items, that the line within
Orangewood did not needreplacement but the line on Prospect does, so we
interswitched the two so wereally have the same amount of projects but
we have interswitched two streets.
It was moved by Edgar, seconded by Kennedy, to approve Item No. 6,
correcting it to note that it is in the Fiscal Year 1987-88 budget.
6. RESOLUTION NO. 88-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR WATER
MAIN REPLACEMENT PROJECTS ON WALNUT STREET, ORANGE AVENUE, PROSPECT
AVENUE, AND LOCKWOOD PARK PLACE AND AUTHORIZING ADVERTISEMENT FOR
BIDS
Adopted Resolution No. 88-14 as recommended by the Public Works
Department/Engineering Division. 107
Motion carried 5-0.
VII. ORDINANCES FOR INTRODUCTION
1. ORDINANCE NO. 1002 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO
CONTINENTAL CABLEVISION, INC., A CORPORATION
Assistant City Attorney Alan Watts explained that he had been working
with Monda Buckley, Public Works Department, on the matter of amending
the current Cable Franchise Ordinance. In a letter to staff, American
Cablesystems indicated that they were in the process of merging their
entire operations with Continental Cablesystems. Pursuant to the terms
of the City's existing ordinance, that action requires approval by this
City Council which may be done by resolution. However, in looking at
the existing ordinance, there was a desire by staff to tighten up
certain areas to be more specific in responding to complaints by
subscribers, specifying office hours, and how the Cable Company will
respond to those complaints. He recommended introduction of Ordinance
No. 1002 which amends the cable ordinance and approval of Resolution
No. 88-13, the merger of American Cablesystems of Ca. with Continental
Cablesystems which would create a subsidiary being owned by Continental
Cablesystems and that action they are proposing is to close by the 29th
of February. These negotiations were completed late Friday afternoon.
CITY COUNCIL MINUTES
Page 4, 2-16-88
It was moved by Kennedy, seconded by Edgar, to adopt the following:
RESOLUTION NO. 88-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING A MERGER OF AMERICAN CABLESYSTEMS OF
CALIFORNIA AND CONTINENTAL CABLESYSTEMS CORPORATION
The motion carried 5-0.
It was moved by Kennedy, seconded by Edgar, to:
1) Approve the merger of American Cablesystems of California with
Continental Cablevision, Inc. which is governed by City Ordinance No.
992; and
2) That Ordinance No. 1002 have first reading by title only.
The motion carried 5-0.
Following reading of the title of Ordinance No. 1002 by the City Clerk,
it was moved by Kennedy, seconded by Edgar, that Ordinance No. 1002 be
introduced. Carried 5-0. 53
VIII. ORDINANCE FOR ADOPTION
1. CITY COUNCIL COMPENSATION - ORDINANCE NO. 1000
It was moved by Edgar, seconded by Kennedy, that Ordinance No. 1000 have
second reading by title only. Motion carried 5-0.
Following reading of the title of Ordinance No. 1000 by the City Clerk,
it was moved by Edgar, seconded by Kennedy, that Ordinance No. 1000 be
passed and adopted as follows..
ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO COUNCIL
COMPENSATION
Roll call vote:
AYES: Hoesterey, Kennedy, Edgar
NOES: Kelly, Prescott
ABSENT: None 38
IX. OLD BUSINESS
1. NEWPORT/MCFADDEN AVENUE UNDERGROUND UTILITY DISTRICT NO. 10
The Director of Public Works said that since preparation of the report,
he had received additional information which will change the scope of
the district and he requested that this item be continued to March 7.
Councilman Edgar indicated his intention to be consistent in voting for
the three new services as for services 7 years ago on E1 Camino.
The City Manager responded that we have to look at that issue and we
would not be prepared to recommend one way or the other.
Councilman Edgar asked what is the schedule for getting rid of the poles
in the vicinity of Irvine and Newport Ave.
The Director of Public Works responded that once the Edison and
Telephone facilities have been removed, the only facilities remaining
would be cablevision services. The cablevision company has removed some
of the poles but not all of them. He will have to identify which poles
are the responsibility of which utility company.
Edgar said he would appreciate a report. He also asked about
Underground District No. 9, which we approved some months ago, that had
contained in the language that we would start in January and end in May
and he hadn't seen any action.
CITY COUNCIL MINUTES
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It was moved _A
Ed ar, seconded b Kelly, to continue this item to
the meeting of March Carried T.
The Director of Public Works said that there are two items that
occur in the Redevelopment Agency Agenda and he suggested that these
be continued also. Council concurred. 104
�.. 2. JOHN WAYNE AIRPORT NOISE STUDY - UPDATE
Councilman Kelly said he looked at the map where the sound monitor-
ing locations are and he would like to see the location on Harp
Court moved down by School Service Road and.Sycamore.
The Director of Community Development responded that this was
basically just a progress report provided by Mr. Van Houten. It is
indicated in the report that additional monitoring is likely to be
conducted if sample information is not deemed to be valid. His
information is just base level information that will be supple-
mented by the additional monitoring locations that will be provided
by the airport and their program.
It was moved Edgar, seconded by Kelly, to receive and file the
report. ar�ied 5-0. 101
3. TUSTIN, IRVINE, AND ORANGE ACTIONS ON MEMORANDUM OF UNDERSTANDING -
EASTERN/FOOTHILL TRANSPORTATION CORRIDOR
Councilman Edgar noted that the Council had a special meeting to
approve the Memorandum of Understanding (MOU) and made a slight
verbage modification. Similar modifications have been made by both
the City of Irvine and the City of Orange. The only changes made
were in paragraph 34 which relates to the desires of some of the
homeowner's groups as to what the alignment and the design could
achieve. We are establishing a preferred alignment for the Eastern
Corridor which could help avoid some of the serious bottleneck
problems. He requested authority to write a letter to the
interested people in the Foothill Bottleneck Study area so they can
understand why this Eastern Corridor Alignment is going to be more
beneficial to them. He has composed a draft of the letter but
would defer to staff and the attorney to be sure it is worded
correctly.
Mayor Hoesterey was against having another mass mailing to the north
regarding this issue. There has been a lot of discussion on this
and he felt the expense of another mass mailing would not serve a
purpose outside of our City limits. The JPA is going to make the
final decision and they should send out the information.
Councilman Prescott and Councilman Kelly were in favor of informing
the public about this.
Councilwoman Kennedy said we are a City with boundaries and we are
responsible to our citizens. She agreed that this information
should be dispensed to the public when the decision has been made
by the -JPA." She would be in favor of informing the people by a
letter from the JPA or from the cities of Tustin, Orange, and Irvine
but she was concerned about the citizens of Tustin paying for
mailing to residents in other jurisdictions. She also suggested
that a letter to the Editor of the Tustin News might be helpful in
informing the people.
Councilman Edgar suggested that a letter be composed primarily to
our own residents that clearly shows the benefit of the alignment
that will prevent some of the problems.
Councilman Prescott suggested that this letter be inserted in the
Tustin Today flyer that goes out quarterly.
It was moved by Prescott, seconded by Edgar, that such a letter from
the Tustin ity Council be drafted and reviewed by staff and the
attorney and be distributed in the Tustin Today brochure if
possible. Motion carried 5-0. 100
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X. NEW BUSINESS
1. PROFESSIONAL SERVICES AGREEMENT - CONSTRUCTION OF TUSTIN AREA SENIOR
CENTER
Please refer to Page 2 of these Minutes for this item. 41
2. REQUEST FROM TUSTIN HISTORICAL SOCIETY FOR USE OF VACANT, WATER
DEPARTMENT BUILDING AT 245 EAST MAIN STREET
It was moved by Edgar, seconded by Kennedy, to continue to March 7,
1988. Motion carried 5-0. 85
3. AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE TUSTIN AREA SENIOR
CENTER
Please refer to Page 1 of these Minutes for this item. 41
4. CITY CLERK COMPENSATION - RESOLUTION N0. 88-15
Councilman Prescott noted that there are six elected officials in
the City of Tustin, and only five of them can vote. The last time
that the City Clerk's salary was increased was on February 27th,
1956. The Council should be consistent and consider an increase in
the salary of the elected City Clerk. He had inquired and found out
that there are three cities in Orange County with elected part time
City Clerks such as Tustin. They are Orange, San Clemente and Seal
Beach. The salary is $365 a month in Orange, $375 a month in San
Clemente, and $300 a month in Seal Beach.
Councilwoman Kennedy said that we have a little different situation
in Tustin which she felt needed to be brought up. She believed that
when Ruth Poe became the City Clerk, the City created a position as
a Department Head within the City staff so that our City Clerk is
also a full time employee of the City as Chief Deputy City Clerk
with a fair salary and the work she does as an elected official is
to monitor the minutes and the elections. Councilman Prescott
suggested that the City Clerk position is the same as in Orange, San
Clemente and Seal Beach, where part time City Clerks are also full
time department heads.
It was moved by Kennedy to raise the salary to $175 a month.
A substitute motion was made by Edgar, seconded by Kelly, to raise
the salary of tie -pity er to a month. -Motion carried 5-0.
37
XI. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - FEBRUARY 8, 1988
All actions of the Planning Commission become final unless appealed
by the City Council or member of the public.
Regarding Item No. 3 relating to the Vineyard Christian Fellowship,
Councilman Edgar asked if the unanimous approval "as revised"
included some reasonable standards for parking and traffic
circulation.
The Community Development Director pointed out that this is a Zoning
Ordinance Amendment that would just permit that use in that district
subject to a Conditional Use Permit. The applicant would have to
apply for a Conditional Use Permit before the Planning Commission at
which time the actual standards would be set depending upon the
particular circumstances of the use. Also the Zoning Ordinance
Amendment would come before the Council on March 7th.
It was moved by Edgar, seconded by Kelly, to ratify the Planning
Commission actions. Carried 5-0. 80
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2. INVESTMENT SCHEDULE AS OF JANUARY 31, 1988
It was moved by Kenned seconded by Edgar, to receive and file
subject report. Carried 5-0. 50
3. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) DUES
Staff has received an invoice for SCAG membership dues for FY 1987-
88 in the amount of $1,112.00 (unbudgeted item), and desires Council
direction.
It was moved b Kennedy, seconded by Edgar, to approve payment of
subject SCAG membership dues in the amount of $1,112.00. Motion
carried 5-0. 73
4. STATUS REPORT - MISCELLANEOUS TRAFFIC STUDIES
It was moved by Kennedy, seconded by Hoesterey, to receive and file
subject report. Motion carried 5-0. 100
XII. OTHER BUSINESS
1. "GO CART" PROPOSAL
Council concurred with Mayor Pro Tem Kennedy's request that Council
discussion and input on the Go Cart Proposal be agendized for the
next meeting. 96.1
2. UPDATE ON STATUS OF JAMBOREE ROAD
Councilman Edgar asked for a report on the status of Jamboree Road
including the road through the Marine Base, the clean-up, the inter-
change at I-5, and what are the implications of the annexation of
land to the City of Orange. 95
3. EAST TUSTIN ZIP CODES
Councilman Edgar asked for a staff report on the zip code and
addresses for East Tustin residents. He would like to confirm that
when someone moves into East Tustin, they automatically have a
Tustin mailing address and zip code. 100
4. SANTA ANA AGREEMENT REGARDING ANNEXATION OF NORTH TUSTIN
Councilman Prescott requested that the City Attorney prepare
a report that would detail by what authority the Santa Ana City
Council could prepare an agreement regarding annexation of land in
our sphere of influence. Councilwoman Kennedy said she would concur
if it wasn't too costly. The Assistant City Attorney said they
could probably give a fairly short and concise report. 24
XIII. ADJOURNMENT
At 8:11 p.m., it was moved by Kennedy, seconded by Edgar, to recess
the meeting to the Redevelopment Agency; thence to a Closed Session
to confer with the City Attorney regarding pending litigation
pursuant to Government Code Section 54956.9(b)(1), and to consider
personnel matters pursuant to Government Code Section 54957; thence
adjourned to a Workshop on Monday, February 29, 1988, at 5:00 p.m.
to discuss Columbus Tustin Park Planning and Promotional Program,
Park Advisory Committee and City Brochure or Video presentation;
thence to an Adjourned Regular Meeting on February 29, 1988, at 7:00
p.m. to conduct public hearings on Annexations No. 144, 145, and
146; and thence to the next Regular Meeting on Monday, March 7,
1988,,at 7:00 p.m.
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