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HomeMy WebLinkAboutCC 1 MINUTES 04-03-89HTNUTES OF A REGUL3~ MEETING OF THE CITY COUNCIL OF THE ~TY OF TUST'rN~ CALTFORN~. ,MZLR~ 20 · 2,989 The meeting was called to order by Mayor Kennedy at 7:02 p.m, in the - City Council .Chambers, 300 .Centennial Way. The Pledge of Allegiance was led by Councilman Prescott. INVOCATION The Invocation-was given 'by Richard Mathison, Pastor of Red Hill Lutheran Church. '- . council Present: Council Absent: Others Present: Ursula E. Kennedy, Mayor Richard B. Edgar, Mayor'Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott None .William A. Huston, City Manager Lois Jeffrey, Deputy City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Dir./Community Development Fred Wakefield, Acting Chief of Police Robert Ledendecker, Director of Public Works Royleen White, Dir./Community & Admin. Services Steve Foster, Police Captain Laura Kuhn, Senior Planner Berrie Correa, Personnel Assistant Valerie-Whiteman, Deputy C£ty Clerk Approximately 90 in .the audience NEW BUSINESS (AGENDA ORDER) 1. RESOLUTION NO. 89-43/TUSTIN :MUNICIPAL EMPLOYEES ASSOCIATION 2. RESOLUTION NO. 89-42/TUSTIN POLICE OFFICERS ASSOCIATION Mayor Kennedy req~/ested this item be taken out of agenda order and, at 7:06 p.m., announced the City Council would recess to Closed Session to meet with its designated representatives regarding labor relation matters pursuant to Government Code Section 54957.6. The meeting reconvened at 7:26 p.m. The following employees and members of the community spoke in opposition to Resolution Nos. 89-42 and 89-43: Robert LaBarge, P.O. Box 1516, Tustin Terrie Richardson, 131 Hall Circle #46, Tustin Patrick Welch, 18342 Rainer Drive, Santa Aha John Adams (consultant, representing both Associations) Carole Bryant; 15500 Tustin Village Way #100, Tustin Jim Ports, 2161 Marselina, Tustin At 8:30 p.m., 'Mayor Kennedy announced the City Council would again recess to Closed Session to meet with its designated representatives regarding labor relation matters pursuant to Government Code Section 54957.6. The meeting reconvened at 8:55 p.m. Mayor Pro Tem Edgar believed the Police Officers and City employees were the best possible and he was very proud 'of them. He had seen all data relating, to negotiations and believed the offer"was fair and competitive with other cities. It was moved by Edgar, seconded by Kelly, to adopt the following Resolutions No. 89-43 and 89-42: CITY COUNCIL MINUTES Page 2, 3-20-89 IV. RESOLUTION NO. 89-43 - A RESOI~JTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING AN IMPASSE IN NEGOTIATIONS WITH THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION AND IMPLEMENTING MODIFICATIONS FOR EMPLOYEES-REPRESENTED BY THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION RESOLUTION NO. '89-42 - A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING AN IMPASSE IN NEGOTIATIONS WITH THE TUSTIN POLICE OFFI .CERS ASSOCIATION. AND IMPLEMENTING MODIFICATIONS FOR EMPLOYEES REPRESENTED BY THE TUSTIN POLICE OFFICERS ASSOCIATION Councilman Prescott. said no contract was better than a forced contract and wanted Council to. have face-to-face negotiations with the employees. He felt a forced contract'-would permanently damage good relations with City employees. Councilman Kelly did not feel the contract was bei-ng forced upon - the employees and the City's offer was very fair. Mayor Kennedy requested, as amendments to Resolutions No. 89-43 and 89-4'~, maker and second agreeable, that the Resolutions be effective March 24, 1989, at 5:00 p.m., and until that time, the Council's 27-month contract offer be open for acceptance by the employees. Mayor Kennedy stated the impasse had been a communication failure for both sides. The Council had to not only provide for the employees but provide services to the community and could not be intimidated or politically threatened by employees, as she .personally had been. She said that management and employees were not treated equally; management did receive additional compensation commensurate with their tremendoUs responsibilities. · She was grateful for the employee's professionalism during the negotiation process and th? Council had worked extremely hard to increase wages and benefits for employees, bringina them from ~ the bottom of Oran e Count's a ' ' ~ · g y p y scale to the median. Councilman Hoesterey commented that the City and Associations had the .right to disagree but could.not let personal differences prevent them from performing their jobs. He felt a contract that offered a higher percentage wage increase Was a better option than a forced contract with a lesser percentage. He noted that, in his years as a Councilmember, this had been the most painful negotiation experience. The motion carried 4-1, Prescott opposed. PUBLIC HEARINGS 1. AMENDMENTS TO TUSTIN CITY CODE RELATED TO GRADING ANDEXCAVATION . Christine Shingleton, Director of Community Development, reported that the Planning Commission had recommended to the Council amendments to the Tustin City Code relating to Grading and Excavation. Staff had worked on the Ordinance for approximately 20 months and the amendments ultimately would be accompanied by a Grading Manual. She emphasized that the proposed Ordinance would not only apply to East Tustin areas but the 'entire City and, if applicable in-the future, could apply to areas within the City's sphere of influence such as the hillside areas of North Tustin. The Public Hearing was opened at 9:10 p.m. Brad Olson, representing the Irvine Company, said the following sentence contained on page 12 under Hillside Review of Ordinance No. 1018, paragraph "n" was ambiguous: "Every permit shall also be conditioned upon the applicant and/o~ owner's warranty of all slopes through applicants and/or owner implementation of a. slope warranty program subject to approval and review by the City Attorney and Planning Commission." His preference was to have the language deleted or restate the language to eliminate confusion. CITY COUNCIL MINUTES Page 3, 3-20-89 Christine Shingleton responded regarding the background and justification of a slope warranty program. Council/sta-ff discussion followed regarding the ' concept, definition and implementation of a slope warranty program. There were no other speakers on the matter and the Public Hearing was closed at 9:25 p.m. Councilman Prescott thought a slope warranty program was imperative but understood how the open-ended language in paragraph "n" would concern 'a business owner. He suggested the Ordinance be returned to the Planning Commission for development of specifi~, language. Mayor Kennedy clarified that this Ordinance would only set policy for grading and the specific language would be developed later when the Council and Planning Commission review each development. The Grading Manual would provide intricate details. Christine Shingleton commented that staff could modify the language indicatingthatthe actual program would be returne~ to Council for review. She noted that if introduction of the. Ordinance did not occur at this Council meeting, the Planning Commission's action on Tustin. Ranch Phase 4 tract map would be delayed. Councilman Hoesterey suggested that' COUncil proceed with action onthe Ordinance and incorporate language.of ratification by the Planning Commission and waiver of fees for appeal to the City Council should there be a disagreement. He understood the Irvine Company's concern of an open-ended liability, but felt it would not be difficult to implement a solution... It was moved by Hoestere¥, seconded by Kelly, that Ordinance No. 1018 have first reading by title only and the final ordinance to include language "subject to appeal to the City Council". Councilman Kelly suggested contacting the City of Orange who had recently been involved in a grading liability lawsuit. Mayor' Kennedy understood the concerns-of-the Irvine Company but her major concern was the protection of the City's liability and future slope developments. The motion carried 5-0. Following first reading by title only of Ordinance' No. 1018 by the City Clerk, it was moved by Edgar. seconded by Hoestere¥, that Ordinance No. 1018 be introduced~ as follows: ORDINANCE NO. 1018 - AN ORDINANCE OF. THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING .SPECIFIED SECTIONS OF ARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT PROVISIONS RELATING TO GRADING AND EXCAVATION The motio~ carried 5-0. 2. ORANGE COUNTY ~AZARDOU8 WASTE MANAGEMENT PLAN AND ENVIRONMENTAL IMPACT REPORT (EIR) Laura Kuhn, Senior Planner, gave a background report on the Hazardous Waste Management Plan. Karen Peters, Manager of the Hazardous Materials Program for the Orange County Fire Department, reviewed the contents and process of the Hazardous Waste Management Plan. Mayor Kennedy .opened the Public Hearing at 9:40 p.m. There were' no speakers on this subject'and the Public Hearing was closed. It was moved by Hoestere¥, seconded by Edgar, to approve the following: · ClTX COUNCIL MINUTES Page 4, 3-20-89 Vo VI. 1. Certify the proposed EIR as adequate to serve as a program EIR for the consideration of the Orange County Hazardous Waste Management Plan by adoption of the following Resolution No 89-40: · RBBOLUTION NO. 89-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTtN, eALIFO~IA, FINDING THAT FINAL' ENVIRONMENTAL IMPACt'-REPORT :(EIR) FOR THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN IS ADEQUATE TO SERVE AS THE PROGRAM EIR AND FEASIBLE. MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED-BY-THE CALIFORNIA ENVIRONMENTAL;] ..... · QUALITY ACT · ' 2. Approve the Orange County ~a'za~*dous' Waste. Management Plan by adoption of the following Re~olution NO. 89-41: _ RESOLUTION NO. 89-41 - A:RESO~UTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALiFORNIa, APPROVING OF ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT' PLAI~ .. ·. The motion carried ~-0. · PUBLIC INPUT ;-- 1. DIAMOND LANEB Carol? Bryant,. 15500 T~.stin~l~age Way #100, T~stin, requested Council,s assistance in a~n~h~ a meeting with~ Caltrans to ascertain why a diamond la~~ '~lyov~r was dnaeteaded and she questioned Mayor Pro Tem Edga-~-rz~ardlng raw information from O.C.T.C. -;~ ~ Mayor Kennedy suggested that.s~4W~ite a formal letter requesting the raw data 'from O.C.T.C. as a private citizen. The Council would be unable to ComPly wi~-requests. 2. PROPERTY AT 195 E. MAIN John Zahn, Star Rt. #1121, or~hu'el, spoke regarding property he was renting at 195 E. Main Str~t,-Tustin, .and the problems that had occurred with building improvements and his business license. Mayor Kennedy asked him to mee~ with staff to resolve the problems and if unsuccessful ia ~[s efforts the matter would be agendized. 3. ANNE~D CITY AREAS WITH SANTA ANA ADDRESSES/ZIp CODES .. Gerald Feldman', 13191 Wickshire *~ane, Tustin, representing the Bellewick Community Associati-e~¥.~informed Council that his area of residence, which was annexed into the City approximately two years ago, was still receiving'mail through a Santa Aha address and zip code. He cited several p~blems with receipt of mail and requested Council agendize the Tu~tin address/zip code dilemma · Following Council discussion on the history of the situation, counc~ concurrea to have p-e'rt~=~&nt data 'compiled and agendize at the April 3, ~1989 Council meeting. CONSENT CALENDAR ,eoo .d Calendar. The motion cart%ed 5-0" '° 1. APPROVED. MINUTES - MARCH 6, 19'89 ;"REGULAR MEETING 2. APPROVED DEMANDS IN- THE AMOUNt' O~ $ 2,626,323.73 RATIFIED PAYROLL IN THE AMOUNT OF $198,618.21 3. RESOLUTION NO.. 89-4t - A 'RESOLUTI.ONOF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF WATER MAIN~IMPROVEMENTS ON REBECCA LANE, GWEN AVENUE, LUCINDA WAY AND DEBORAH DRIVE AND AUTHORIZING ADVERTISEMENT FOR BIDS u~'~'x COUNCIL MINUTES Page 5, 3-20-89 Adopted Resolution NO. 89-44 approving the plans and specifications for the subject project and authorizing advertisement for bids. ~a~zornla Gas Cum a 291155/T-54035 in the ...... ~ ....... p n_y Contract No. . uvunu oz ~,'224.58 and authorized the . Mayor to execute subject' Contract. .~,~ $. BAUER VS. CITY OF TUSTIN Approved the sum of $10,000.00 in full settlement of this action against the City of Tustih. VII. ORDIH~NCES FOR INTRODUCTION.- None : VIII'~ ORDIN]LNCBS FOR ADOPTION ~ENTBR ~D~V~PMENT PROJECT AREA - ORDINANCE NO. 1021 It was ~~~-]~~ev..~~ ~.. ~___, that Ordinance No. 1021 have second re.ad~ng by title only. The motion carr~e~ ~, Prescott abstained. Following second reading by title only of Ordinance No. 1021 by the City Clerk, it was moved by and adopted as follows: , that Ordinance No. 1021 be passed ORDZN;kNCB NO. 1021 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE AMENDED REDEVELOPME~ PLAN FOR THE TUSTIN TOWN CENTER AREA REDEVELOPMENT PROJECT The motion carried 4-0, Prescott abstained. (Roll call vote) Mayor Ken. nedy reque, sted staff agendiZe the blanket Certificates of Compliance previously discussed. 2. AUDIT COMMITTEE - ORDINANCE NO. 1022 It was v e t ec d d a , that Ordinance No. 10'22 have second reading by title only. The motion carrie~ ~r_Q. Following second reading by title only of Ordinance-No. 1022 by the City Clerk, it was oved Hoestere ' seconded b d~, that Ordinance No. 1022 be passed and adopted as follows: ORDINANCE NO. 1022 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY.CODE TO ESTABLISH THE AUDIT COMMITTEE IX. Council discussion followed regarding the 4-year length of term for committee members, William Huston, City Manag.e.r., sugge, s. ted that 'Council determine the length of term ~y specific committee members. .Councilman Hoesterey proposed that the current members of the Audit Committee remain in their terms as previously assigned. Council concurred. Mayor Kennedy commented on Evelyn Feldman.s resignation from the Audit Committee and requested agendizing appointment of her replacement at the April 3, 1989 Council meeting.- The motion carried 5-Q. (Roll call vote) OLD BosInss 1. AIRPORT STATUS' REPORT - JOHN WAYNE AIRPORT NOISE MONITORING' PROGRAM (JWA), COALITION FOR* A RESPONSIBLE AIRPORT i SOLUTION (CRAS), .AIRPORT SITE COALITION (ASC) AND HELICOPTER. ovERFLiGHT PROGRAM TAsK FORCE (HOPTF) Christine Shingleton, Director of Community Development, suggested the CRAS slide presentation on the E1 Toro commercial · CITY COUNCIL MINUTES Page 6, 3-20-89 Xo air~ort location be scheduled for the April 3 1989 Council meeting. Council concurred. ' It was .moved by Hoesterev. seconded by Kenned%, to receive and 'file subject report. The motion carrfed 4~0, kdgar absent. 2. TERMS OF P~ AND RECREATION C~)MMZHHION It was moved by Hoesterev. seconded by Kennedy, that the terms of the Parks and Re¢=eation Commissioners remain in accordance with the lots that were drawn on November 10, 1988. The motion carried 4-Q, Edgar absent. 1. RE~0LUTZON NO. 89-43/TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION Please see Page i of these Minutes. 2. RESOLUTION NO. 89-42/TUSTIN POLICE OFFICERS ASSOCIATION Please see Page I of these Minutes. · 3. AIR QUALITY MANAGBME~ REPORT Mayor Kennedy gave a brief report on the passage of the Air Quality Management Plan. Councilman Prescott asked that the record reflect his opposition to the Air Quality Management Plan. No action was taken by the Council. 4. REQUEST FOR 8TREET~ CLOSURE OF WARNER AVENUE BETWEEN PULLMAN STREET AND WRIGHT STREET Bob Ledendecker, Director of Public Works, reported that Staff had reviewed'this project Over a 2 to 3 month period. After completion of traffic counts, it was determined that the impact of the closure would not be as difficult on the community as was originally thought and a Caltrans poll of businesses directly impacted revealed three in favor of the closure, one opposed. Council/staff discussion followed regarding increased traffic in surrounding area due to the closure. Mayor Pro Tem Edgar voiced his support bf Caltrans, request and wanted another condition added to the recommendation. To insure completion of the project in the estimated time, he requested the estab%ishment, of timelines for each phase of the project'be coordinated with staff, submittal of progress reports and copies of those reports to Council.' ' Council/staff discussion fOllowed regarding the possibility of a contractual agreement with Caltrans and communication meetings with-the affected utility companies to safeguard the timely completion of this project. It was moved b E seconded b Ken ed , to authorize ('1) 'the' closure of Warner Avenue between Pullman Street and Wright Street - ~ for a maximum period of seven months 'subject to adequate detour signing/notification and the concurrence of the City of Santa Aha, (2) the establishment of phase timelines with submittal of progress reports, and (3) staff to investigate the possibility of a contractual agreement with Caltrans. Richard Vining, 400 W. Main Street, Tustin, voiced, his concerns with the fIow Of traffic, on area' surface streets due 'to the relocatiOn of the McFadden off-ramp. He cautioned Council that Caltrans, main concern was the freeway and not the traffic impact on surrounding streets. u~'~'x COUNCIL MINUTES Page 7, 3-20-89 Council/staff discussion followed regarding similar projects within the community and. mitigating measures that will be coordinated between staff and Caltrans. The motion carried 5-'0. 5. MID-YEAR BUDgeT REVIEW Mayor Pro Tem Edgar felt. construction on the Jamboree Ro extension throudh the M ..... - ........ -- ad - =. _ ~,,~ ~e .snoula commence-as soon as possible and questioned when the pro]ect would be advertised for bid. ' B°b_Lede~decker, Director ~fPublic Works, responded that due to the zunding source desired by the City of. Irvine and the delay in receiving plan approval Environmental Management · from the ~gency, the anticipated date for beginning the bid process would be approximately Jgly 1, 1989. Mayor Pro Tem Edgar questioned the amount of savings earned through Assessment Districts 85-1 and 86-2. muaget may be misle, ading because the majority of the projects in those Assessment D~stricts were not 100% completed. Mayor Pro Tem Edgar requested staff to provide a year-end report using the Mid-Year Budget Report format no later than Labor Day. Council concurred. It was. t d a , following: to approve the 1. One million dollars be transferred from' the 1988-89 Genegal Fund reserve to the Capital Improvements Fund for the Jamboree Road extension project (Edinger to Barranca); 2.' $373,000.00 dollars be transferred from the 1988-89 General Fund reserve to the Park Development Fund. for future City parks located in Tustin Ranch; XI. 3. The mid-year budget review be received and filed. The motion carried 5-0. REPORTS 1. 'PLANNING COMMISSION ACTION AGENDA - MARCH 13, 1989 · It was moved by Hoestere¥, seconded bY Edqa~, to ratify the Planning Commission.Action Agenda of March 13 1989 The motion carried 5-0. ' ' XII. · INVESTMENT SCHEDULE AS OF FEBRUARY 28, 1989 It was moved b H este . se o d~ed b Ed ar, to receive and file subject report. The motlon carrled 4-%, Prescott opposed. DISPOSITION OF SURPLUS VEHICLES AND WORK EQUIPMENT It w. as moved b Hoeste e eco ded b a , to receive and file sub]ect report. The motion carried 5-0. PUBLIC INPUT - None !Mayor K~nnedy informed members of the press that the City would have Information available to them the following morning on the figures used during the negotiation process.) XIII. OTHER BUSINESS .. 1. DEBRIS ON VANDENBER~ LANE, WEST OF PROSPECT AVENUE Mayor Pro Tem Edgar reported the area on Vandenberg, west of CITY COUNCIL MINUTES Page 8, 3-20-89 Prospect, wa~ still littered with required staff attention· · shelves, boards, etc. and 0 SEMI-AUTOMATICS AS AN OPTION]tL P~Y WEAPON FOR POLICE .OFFICERS It w. as . ,.to a end. · . Ap.r.ll 3, 1989 Council meetan- the use ---: g? at the op=lonal ~rima~ we---- ~--~'~ .... ~_~ ~em.~-au~oma=~cs as an carried 5-=0. *~ ~v, ~ur ~ne Police Depa~cment. The ~ PUBLIC INPUT ON CMC CENTER RENO~TION Councilman Prescott voiced his support of a citizen forum to discuss the City Hall renovation. · William HustOn, City Manager,. responded that s~aff had planned to schedule a workshop the latter part of A r~l o Center improvements wh~-~ ......... P n the Civic . --~ wou~ include a resentat architect. The worksho- wo,,~ ~- --~-_~ .P . ion by the ~A waaa agenalze, at the April 1989 . 3, Council meeting the setting of the workshop date. , PRESCOTT,S ABSTENTION VOTE ON RESOLUTION NO. 89-15 ~ounc~man Prescott wanted these Minutes.to reflect that at the ~un_~i~ ~eetin? of February21, 1989, he Inadvertently neglected =o a~s=ain on consent Calendar Item No. 4, Resolution 89-15. ADJO~NT ZNMEMORY OF TUSTINMARINES · Councilman Prescott requested the meeting be adjourned in memory of the T~stin Marines who died in a recent helicopter crash in Korea. VERNAL EQUINOX Councilman Prescott said the vernal equinox had occurred that morning at 7:29 a.m. and he had photographed twenty-eight eggs standing on end. · · PROCEDURE FOR A(~ENDI~IN~ SUBJECTS AT COUNCILMEMBER~S REQUEST Councilman Hoesterey requested agendizing a Resolution to formalize the process when a Councilmember desired to have an item placed on the agenda. 8. PURCHASE OF CITY COUNCIL MEETING VIDEO TAPES · It was ve t e ed'b d , tapes of City Council mee. tings f.rom American $30.00 per tape. The'motion carried 5-0. 10. to purchase video Cable Systems at CITY PARTICIPATION iN ORANGE COUNTY',S 100TH BIRTHDAY CELEBRATION Mayor Kennedy said Angel Stadium' had requested the City participate, on July 5, 1989, in Orange County,s 100th birthday celebration with an entry such as a band, float, or celebrity. 'Council concurred to solicit participation, from the school district, Marine Base, or other c~mmunity organizations. TRAFFIC STUDY AT FARMINGTON ROAD AND BRYAN AVENUE Mayor Kenne.dy said she had been contacte, d by a resident who was conc.erned with 'traffic problems at Farm~ngton and Bryan. Bob Ledendecker,.. Director of Public Works, responded that the area was scheduled for' a traffic study. .' ] ~a'a'~ COUNCIL MINUTES Page 9, 3-20-89 ~rlV. ADJOURlm~NT At 10:50 .m. th · ~ . P , e meeting recessed to the Redevelopment Agency and ~en adjourned in memory' of the Tustin. Marines to a Capital Improvement Budget. Workshop on Monday, April 3, 1989 · and then .to the next Re~,l~- ~A_~ ...... · , at 5.00 p.m.. 7:00 p.m. =---- ,-,-=u~n~ on Monaay,' April 3, 1989, at MAYOR