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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- CITY COUNCIL MINUTES Page 3, 2-16-88 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 Page 5, 2-16-88 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 CITY COUNCIL MINUTES Page 6, 2-16-88 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 CITY COUNCIL MINUTES Page 7, 2-16-88 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. AYOR �� LER