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HomeMy WebLinkAboutCC MINUTES 1987 06 15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA JUNE 15, 1987 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Edgar at 7:02 p.m. in the City Council Chambers, 300 Centennial Nay. The Pledge of Allegiance was led by Councilman Prescott, and the Invocation was given by Mayor Edgar. ! II. ROLL CALL Councilpersons Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott Councilpersons Absent: None Others Present: William A. Nuston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Com. Dev. Director Charles R. Thayer, Chief of Police Robert S. Ledendecker, Dir. of Public Works Ronald E. Wolford, Engineering Services Mgr. Suzanne Atkins, Deputy City Attorney Lloyd Dick, Building, Official Approximately 35 in the Audience III. PROCLAMATIONS ,-,, 1. BLENDLE SCOTT - RETIRED MAINTENANCE WORKER - 14 YEARS' SERVICE ~ Mayor Edgar noted that subject proclamation would be presented at a - later date. 2. TUSTIN HIGH SCHOOL GRAD NITE PARTY The Mayor read a proclamation designating Thursday evening, June 18, 1987, as "Grad Nite." The procl amati on was accepted by Mary Chandler and other Tustin High School parents. 84 3. FOOTHILL HIGH SCHOOL GRAD NITE PARTY Mayor Edgar presented a proclamation to Tom and Linda Aufdemberg and other Foothill High School parents designating Thursday eve- ning, June 18, 1987, as "Grad Nite." 84 Mayor Pro Tem Kennedy noted that Council had been invited to both high schools' Grad Nite parties. She encouraged Council's atten- dance. RECESS - CLOSED SESSION - RECONVENED The Mayor announced that the City Council will recess to a Closed Ses- sion pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Tustin Unified School District vs. Tustin, et. al. At 7:20 p.m., it was moved by Kennedy, seconded by Noesterey, to recess to a Closed Session pursuant to Government Code Section 54956.9(a). Carried 5-0. The meeting was reconvened at 7:41 p.m. with all Councilmembers present. CITY COUNCIL MINUTES Page 2, 6-15-87 IV. PUBLIC HEARING 1. TUSTIN LANDSCAPE & LIGHTING DISTRICT The Irvine Company has requested postponement of annexation to sub- ject district of parcels north of Irvine Boulevard until after July 1, 1988, due to a change in their development schedule. Dele- tion of 16 parcels necessitates revision of the Engineer's Report, which will be completed for the July 6 meeting. The Engineering Services Manager presented the staff report and recommendation as contained in the inter-com dated June 9, 1987 Mayor Edgar opened the public hearing at 7:44 p.m. There were no speakers on the matter. It was moved by Hoestere~, seconded by Kennedy, to continue the open public hearing to July 6, 1987, at 7:00 p.m. Carried 5-0. Council discussion followed. It was moved by Edgar, seconded by Kennedy, to direct staff, with BSI Consultants, to revise the Engineer's Report based on with- drawal from annexation to the district of The Irvine Company ~ands north of Irvine Boulevard, and to include computations on the equity of assessments levied. The motion carried 5-0. 63 V. PUBLIC INPUT 1. ANNEXATIONS NO. 139 & NO. 140 Joseph Herzig, 1751 Rainbow Drive, was informed that subject mat- ters were agendized items and he would be permitted to speak at the time of consideration of same. (See Old Business Items No. I and -- 2, Page 5 of these Minutes.) 2. REQUEST FOR REMOVAL OF AGENDA ITEM FROM CONSENT CALENDAR Charles Scolastico, attorney with the law firm of Parker and Covert, 1901 E. Fourth Street, Santa Ana, requested that Consent Calendar Item No. 3 be removed for separate discussion. 3. COLUMBUS TUSTIN PARK Jim Plescett, 17731 Miller, r~quested that the parking lot entrances at Columbus Tustin Park be chained off at closing time. This would eliminate drag racing in the lot and provide area resi- dents with relief from noise pollution. The matter was referred to staff for review and recommendation. 77 VI. CONSENT CALENDAR Item 1 was removed from the Consent Calendar by Prescott, Items 3 and 9 by Edgar, and Item 2 by Kelly. It was moved by Kennedy, seconded by Edgar, to approve the remainder of the Consent Calendar. 4. CITY OF TUSTIN INVESTMENT POLICY Receive and file the Statement of Investment Policy as drafted by the Director of Finance attached to the inter-com dated June 9, 1987. 50 5. PURCHASE OF NEW CHIPPER TRUCK FOR TREE DIVISION Authorize the purchase of a chipper truck for the Tree Division in the amount of $32,799.96 from Jim Click Ford as recommended by the Public Works Department/Field Services Division. 87 6, PURCHASE OF A ONE-TON TRUCK FOR WATER DEPARTMENT Authorize the purchase of a one-ton truck with utility bed for the Water Department from Sunset Ford in the amount of $16,672.94 as recommended by the Public Works Department/Field Services Division. 87 CITY COUNCIL MINUTES Page 3, 6-15-87 7. PURCHASE OF DODGE DAKOTA PICKUP TRUCK FOR PARKS DIVISION Authorize purchase of a Dodge Dakota Pickup Truck for the Parks Department in the amount of $11,289 from Dodge Central as recommended by the Public Works Department/Field Services Divi- sion. 87 8. RESOLUTION NO. 87-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN REPLACEMENTS AND AUTHORIZING ADVERTISEMENT FOR BIDS (SECOND ST., THIRD ST., WASS ST., ELIZABETH WAY, AND IRVINE BLVD.) AdOpt Resolution No. 87-66 as recommended by the Public Works Department/Engineering Division. 107 10. EXTENSION OF CONTRACT WITH MISSION UNIFORM Approve a one-year contract extension with Mission Uniform to expire April 29, 1990, for maintenance and water crew uniforms as recommended by the Public Works Department/Field Services Division. 45 87-27 11. CITY OF TUSTIN LIGHTING DISTRICT Authorize the Mayor and City Clerk to execute contracts with the Southern California Edison Company as follows: Street Lighting Service Utility-Owned System Schedule No. LS-1; and Street Lighting Service Customer-Owned System Schedule No.'s LS-2, LS-3 and Optional Schedule No. LS-4 as recommended by the Public Works Department/Engineering Division. 45 87-28 12. RESOLUTION NO. 87-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATION FOR EXTE- RIOR PAINTING AT THE CITY OF TUSTIN MAINTENANCE YARD Adopt Resolution No. 87-69 as recommended by the Public Works Department/Field Services Division. 86 13. AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL YEAR 1987-88 Approve Minute Order to authorize the City Manager to continue fiscal operations for 1987-88 at an appropriation level not to exceed that of 1986-87 until such time as the budget process can be completed as recommended by the Finance Department. 29 Consent Calendar Item No. I - Minutes of the Adjourned Regular Meeting on May 26, 1987 - Councilman Prescott requested an amendment to delete Jay Peterson from the list of speakers in opposition to proposed Annexation No. 140. It was moved by Kennedy, seconded by Prescott, to approve the follow- ing with the amendment to the May 26 Minutes as noted above: 1. APPROVAL OF MINUTES - MAY 26, 1987, ADJOURNED REGULAR MEETING JUNE 1, 1987, REGULAR MEETING JUNE 4, 1987, SPECIAL MEETING Motion carried 5-0. Consent Calendar Item No. 2 - Affidavit of Demands - Councilman Kelly requested clarification on the listing of demands for May 31, 1987, Page 1, which shows an expenditure to Davio's under annexation expenses. The City Manager reported that subject expense was for for- mer Mayor Donald J. Saltarelli's retirement dinner, which was offset by those attending the event. He further stated that staff will review why "Annexation Expenses" was indicated on the listing. It was moved by Kelly, seconded by Edgar, approve the following: 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $752,403.01 RATIFICATION OF PAYROLL IN THE AMOUNT OF $158,046.84 The motion carried 5-0. 50 CITY COUNCIL MINUTES Page 4, 6-15-87 Consent Calendar Item No, 3 - Tract Map 12763 - Mayor Edgar stated that the City Attorney advised Council that the Tustin Unified School District (TUSD) filed action in court today against the City and The Irvine Company (TIC). Also, a hearing was held this afternoon in which the Orange County Superior Court denied TUSD's request that a restrain- ing order be issued against the City to prevent approval of Final Tract Map 12763 this evening. The Mayor noted that the City and TIC have been trying to meet with TUSD for the past six months to resolve the needs of all three parties. The Mayor expressed his willingness to defer approval of Tract 12763 and make one more effort at resolution of these matters. He requested that TIC agree to a one-week continuance in the belief and hope that with further review of the matter with TUSD and TIC a mutually satis- factory resolution can be achieved. He briefly reviewed the chronology of events that has occurred over the past year up to this evening. Mayor Edgar reviewed the City's proposal as contained in a letter dated June 5 which attempted to resolve the matter. He stated that TIC has begun concept plans for a joint-use facility at the City's request. He believed subject plans may help TUSD and the City come to terms on facilities in question, and a week's continuance would allow for review of those plans. He asked if TIC would consent to a week's continuance, noting they are not legally required to do SO, Brad Olsen, representing The Irvine Company, stated that they have been working for some period of time, as the Mayor already noted, with TUSD and the City attempting to arrive at a successful arrangement for joint use of the 50 acres in question. They have noted the costs being incurred by delays in failure to reach agreement, which are consider- able to TIC. Nevertheless, they are willing to work with both the City and TUSD for one additional week, no more than that, to arrive at an acceptable arrangement for joint development/use of that site. It was moved by Edgar, seconded by Kelly, to continue the following to June 22, 1987: 3. RESOLUTION NO, 87-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING FINAL TRACT MAP 12763 (Sectors 10 & 11, East Tustin Specific Plan) Spencer Covert, attorney for TUSD, thanked the Council and TIC, and stated they will be working earnestly to arrive at an agreement. The motion carried 5-0. 99 Consent Calendar Item No, 9 - In accordance with Council action on the preceding item, it was moved by Edgar, seconded by Kennedy, to continue the following to June 22, 1987: 9. RESOLUTION NO, 87-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ASSESSMENT DISTRICT 85-1 IMPROVEMENTS ON TUSTIN RANCH ROAD AND MYFORD ROAD AND AUTHORIZING ADVERTISEMENT FOR BIDS Motion carried 5-0. 25 VII, ORDINANCES FOR INTRODUCTION None. VIII, ORDINANCES FOR ADOPTION None. CITY COUNCIL MINUTES Page 5, 6-15-87 IX. OLD BUSINESS 1. ANNEXATION NO. 139 - EVENINGSIDE/RAINBOW ANNEXATION & 2. ANNEXATION NO. 140 - LA COLINA/BROWNING ANNEXATION On the basis that the City Attorney has not completed certification of the value of written protests, it was moved by Edgar, seconded by Prescott, to continue subject items to June 22, 1987. rammere Joseph Herzig, 1751 Rainbow Drive, questioned if and when the Registrar of Voter's letter to the City Clerk dated June 3, 1987, would be made public. The City Attorney responded that subject information would be made public at the time to which subject items are continued. Mr. Herzig cited instances where he believed a lack of response by the City and an unwillingness to disclose information was not eth- ical. He stated that there are people who will consider litigation if they feel the proceedings have been dishonest. The motion carried 5-0. 24 X. NEW BUSINESS 1. AWARD OF CONTRACT - MANUFACTURE & DELIVERY OF REINFORCED CONCRETE PIPE FOR TUSTIN RANCH PROJECT, ASSESSMENT DISTRICT NO. 85-1 Bid opening for subject project was held on June 2, 1987, with bid submittals as follows: Amount Delivery Time ~,, Hydro Conduit Corp., Corona $703,435.25 70 - 112 Days Ameron, Inc., Monterey Park $768,522.53 98 - 133 Days United Concrete Pipe, Baldwin Park $801,370.92 49 - 74 Days The low bid is 7.8% over the engineer's estimate of $652,761.00. As recommended in the inter-com dated June 9, 1987, prepared by the Public Works Department/Engineering Division, it was moved by Kennedy, seconded by Kelly, to award the contract to Hydro Conduit Corporation, Corona, in the amount of $703,435.25 for subject proj- ect. The motion carried 5-0. 25 2. AWARD OF CONTRACT - RECONSTRUCTION OF MAIN STREET FROM "C" STREET TO PACIFIC STREET (OCUTT PROJECT PHASES I AND II) - RESOLUTION NO. 87-68 Bid opening for subject project was held on June 9, 1987, with bid submittals as follows: Sully Miller, Orange $268,368.24 Griffith Company, Santa Ana $272,853.10 McGrew Company, Anaheim $288,719.26 Blair Paving, Anaheim $301,396.53 R. J. Noble, Orange $343,117.00 The low bid is 28% below the engineer's estimate of $374,970.00. Pursuant to the recommendation contained in the inter-com dated June 9, 1987, prepared by the Public Works Department/Engineering Division, it was moved by Hoesterey, seconded by Kennedy, to award the contract to Sully Miller Contracting Company, Orange, in the amount of $268,368.24 for subject project; and adopt the following: RESOLUTION NO. 87-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOR MAIN SlREET BETWEEN "C" STREET AND PACIFIC STREET The motion carried 5-0. 95 CITY COUNCIL MINUTES Page 6, 6-15-87 3.LEGISLATIVE PROGRAM - FOOTHILL AND EASTERN TRANSPORTATION CORRIOOR AGENCY - RESOLUTION NO, 87-65 Mayor Edgar requested Council support the Transportation Corridor Agency legislative program. Following consideration of the inter-com dated June 15, 1987, pre- pared by the City Manager, it was moved by Edgar, seconded by Hoesterey, to adopt the following: RESOLUTION NO. 87-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING 1987 LEGISLATIVE PROGRAM OF THE FOOTHILL AND EASTERN TRANSPORTATION JOINT POWERS AGENCY Councilman Kelly stated he could not support a concept that con- stitutes creating new government agencies. He felt that if repre- sentatives at existing government agencies are not effective, it is time for new leadership in these roles. Council discussion followed. Mayor Edgar clarified that the legis- lative program does not create new government agencies, it merely enables the JPA to accomplish its objectives. Councilman Hoesterey added that the JPA was established to finance new roads by having a mechanism to go after Federal and State funds, and also to levy "an assessment" on those adding to the problem through developer fees. He noted that if there is a flaw in the program, it is that assessments on development were not made county-wide, since the Eastern Corridor will provide relief and service to the entire County. Mayor Pro Tem Kennedy concurred. The motion carried 4-1, Kelly opposed. 100 XI. REPORTS 1, PLANNING COMMISSION ACTION AGENDA - JUNE 8, 1987 Mayor Pro Tem Kennedy commended the Community Development Depart- ment on the excellence of the Summary of Results of Residential Sign Code Survey (Planning Commission Agenda of June 8, Old Busi- ness Item No. 6). It was moved by Kennedy, seconded .by Kelly, to ratify the entire Planning Commission Action Agenda of June 8, 1987. The motion car- tied 5-0. 80 2. INVESTMENT SCHEDULE AS OF MAY 31, 1987 It was moved by Kennedy, seconded by Prescott, to receive and file subject report dated May 31, 1987, prepared by the Finance Depart- ment. Carried 5-0. 50 XII. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Attorney requested a Closed Session regarding pending litigation. 2. CROSSWALK ON 17TH STREET Councilman Kelly reported that several residents of the Treehaven Condominiums behind Coco's on 17th Street have complained that' the marked crosswalk has not been repainted since the resurfacing proj- ect. Subject crosswalk extends from Coco's to Constitution Savings on 17th Street. 46 " 3, GRAFFITI REMOVAL Mayor Pro Tem Kennedy restated Council's commitment to graffiti removal. The City Manager reported that the City does have an ongoing program for graffiti removal on a contract basis. 86 CITY COUNCIL MINUTES Page 7, 6-15-87 4. JOINT MEETING WITH PLANNING COMMISSION Mayor Pro Tem Kennedy noted the Planning Commission's request for a joint meeting with Council as reported in The Tustin News. The Mayor referred the matter to staff to coordinate same. 80 5, LA COLINA DRIVE In considerati on of recent dial og on La Colina, Mayor Edgar reiter- "- ated that City jurisdiction over La Colina extends from future ~ Tustin Ranch Road to existing City limits with a residential col- lector designation. It is the City's understanding that La Colina's designation from City limits to Browning is also a resi- dential collector. However, between Browning and Newport, La Colina is completely within the County and presently designated as an arterial. This has been a matter of controversy with North Tustin residents, particularly those within the annexation areas, becauses it causes apprehension and concern that it will potentially result in widen- ing and increased traffic on La Colina. Therefore, the Mayor suggested Tustin petition the County to delete La Colina, between Browning and Newport, from its arterial plan. This would demonstrate Council's good faith and concern that La Colina not become a heavily traveled artery. Partial justification for deleting La Colina is identifying traffic counts that presently do not warrant extreme widening and development of the road. If the County is unwilling to do so, it would clearly demonstrate to the community where the City and County stand. It was moved by Edgar, seconded by Prescott, to direct staff to initiate an analysis of what the City can legally do to request a change in designation of La Colina within the County's jurisdic- "" tion, identifying the facts for doing so. The motion carried 5-0. 95 6, AVIATION NOISE ABATEMENT COMMITTEE Council concurred to agendize the matter of appointing a citizen representative to the Aviation Noise Abatement Committee, to replace Donald Belveal who recently resigned. The Mayor remarked that Mr. Jim Hayes has expressed interest in serving on subject committee. 101 7, TRIMMING OF TREES ON LORETTA DRIVE Mayor Edgar reported that he has received complaints from his neighbors that the trees on Loretta Drive have not been trimmed. 86.1 8, ADJOURNED REGULAR MEETING SCHEDULED FOR JUNE 22, 1987 Council concurred to schedule an Adjourned Regular Meeting on June 22, 1987, at 6:30 p.m. 38 XIII, RECESS - REDEVELOPMENT; CLOSED SESSION - ADJOURNMENT At 8:33 p.m., it was moved by Edgar, seconded by Hoesterey, to adjourn to a Closed Session pursuant to Government Code Section 54956.9(a) to confer wth the City Attorney regarding pending litigation which has been initiated formally and to which the City is a party. Identifica- tion of such litigation would jeopardize the City's ability to conclude existing settlement negotiations to its advantage. Motion carried 5-0.