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HomeMy WebLinkAboutCC 1 MINUTES 05-01-89MINUTES OF A REGULAR MEETING THE CITY COUNCIL OF TY ~TY OF TUSTIN, CALIFORNI~ APRIL 17, 1989 C~LL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Kennedy at 7:03 p.m. in the city council Chambers, 300 Centennial Way. The Pledge of Allegiance .was led by Mayor Pro Tem Edgar. INVOCATION The Invocation was given by Lt. James V. Asparro, Chaplain of the Marine Corps Air Station, Tustin. ROLL CALL 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 James G. Rourke, 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 Ronald A. Nault, Finance Director Monda Buckley, Administrative Assistant Valerie Whiteman, Deputy City Clerk Arthur Charleton, Former Tustin Mayor Donald Saltarelli, Former Tustin Mayor Melissa Watts' Fifth Grade Class, Estock School Approximately 30 in the audience PROCLAMATION-- EARTHQUAKE PREPAREDNESS MONTH, APRIL 1989 Mayor Kennedy read and presented to Monda Buckley, Emergency Services Coordinator for the City, a proclamation proclaiming April of 1989 as Earthquake Preparedness Month and ~requested an update on the City's emergency plan. Monda Buckley expressed her appreciation on behalf of the City, the Police Department and Orange County Fire Department and she specifically acknowledged the tremendous efforts of Dorothy O'Kelley, Community Services Officer. She gave a brief progress report on the City's emergency plan. PRESENTATION - SOUTHERN CALIFORNIA EDISON CO. DONATION TO TUSTIN AREA SENIOR CENTER FUND Pat Buttress, representing the Southern California Edison Co., proudly presented a check in the amount of $4,000~as a donation to the Tustin Area Senior Center Fund. Margarete Thompson, Vice President of the Tustin Area Senior Center Fund, Inc., .thanked the Edison Co. for their contribution on behalf of all senior citizens in the. Tustin area. Ray Hawley, also representing the Southern California Edison Co., said it was a pleasure to support the Senior citizen community. PUBLIC HEARING - None PUBLIC INPUT 1. SAFETY GUIDELINEs'FOR CHILI COOK-OFF Michael David, 445-1/2 Sixth Street, Tustin, questioned if the proper safety procedures/equipment would be used at the Chili Cook-Off in June and, in citing a recent lawsuit against the City CITY COUNCIL MINUTES Page 2, 4-17-89 of Newport Beach, expressed concern for potential liability to the City of Tustin. Fred Wakefield, Acting Chief of Police, clarified, at the Mayor's request, that the'Police Department had a representative on the Chili Cook-Off Committee and all necessary safety ~rocedures had been implemented in the past and would continue in the future. Additionally, he would investigate the details of the City of Newport Beach lawsuit. ~ 2 · PARENTS WHO ~CARE Ethel Reynolds, 10841 Thorley Rd., Tustin, Chairperson of Parents Who Care, said a misunderstanding had occurred when members of Parents Who Care had expressed their, opinions during a Council meeting on issues such as assault weapons, abortion clinics and pornography. She wanted to clarify that ParentsWho Care was not involved in any issue other than those related to the education regarding the prevention of, and intervention with, the adolescent use of alcohol and other drugs. VIII. CONSENT CALENDAR Item No. 2 was removed from the Consent Calendar by Councilman Prescott. It was moved by Kelly, seconded by Edgar, to approve the remainder of the Consent Calendar. The motion carried 5-0. 1. APPROVED MINUTES - APRIL 3, 1989, REGULAR MEETING 3. AGREEMENT WITH ASSISTANCE LEAGUE OF TUSTIN Authorized execution of the proposed agreement between the Assistance League of Tustin and the Tustin Police Department for the purpose of sharing in the Operation Hug-A-Bear Project. ° 4. FOURTH OF JULY FIREWORKS AGREEMENT Authorized the City Manager to sign a services agreement, in the amount of $9,000 with the Pyro Spectaculars Fireworks Company, to provide a pyro-musical show for the Annual Fourth of July Celebration. 5. AGREEMENT - KENNETH EMANUELS B/TD ASSOCIATES Authorized the City Manager to execute an agreement with Kenneth Emanuels and Associates for State legislative information. 6. RESOLUTION NO. 89-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR TRAFFIC SIGNALS AND SAFETY 'LIGHTING AT THE INTERSECTION OF EDINGER AND DEL AMO AVENUE Adopted Resolution No. 89-47 accepting said work and authorizing the recordation of the Notice of Completion. 7. ASSESSMENT DISTRICT NO. 86-2,. AGREEMENTS FOR EXTENSION OF UNDERGROUND ELECTRIC LINES Approved the Southern California Edison Company agreements for Jamboree Road between Irvine Boulevard and Tustin Ranch Road, and Tustin Ranch Road between Irvine Boulevard and Jamboree Road, and authorized the Mayor to execute said agreements. 8. ASSESSMENT DISTRICT NO. 86-2, CONTRACT FOR GAS LINE EXTENSION Approved the Southern California Gas Company Contract No. 291050/T-54276 in the amount of $73,534.98 and authorized the Mayor to execu2e said contract. 9. POSITION OF TREATMENT PLANT OPERATOR Authorized the addition of Water Treatment Plant Operator to the classification/compensation plan in the Water Division at a monthly salary range of $2,031.15 - $2,468.88. 10. REQUEST FOR BOND REDUCTION, TRACT NO. 12763 Authorized the reduction of Tract No. 12763 Faithful Performance Bond #5241-0525 from $1,138,000.00 to $284,500.00 CITY COUNCIL MINUTES Page 3, 4-17-89 and the Labor and Materials Bond #5241-0525 from $569,000.00 to $142,250.00. 11. RESOLUTION NO. 89-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE' AND/OR PEDESTRIAN FUNDS UNDER SB 821 Adopted Resolution No. 89-48 approving the application for Bicycle and/or Pedestrian Funds under SB 821. lZ. RESOLUTION NO. 89-49 - A RESOLUTION OF THE CITY COUNCIL OF'THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS oF IMPROVEMENT AND AUTHORIZINGRECORDATION OF NOTICE OF COMPLETION FOR CONSTRUCTION OF PERIMETER BLOCK WALL AND ROLLING GATE AT 18602 SEVENTEENTH STREET (WELL SITE) Adopted Resolution No. -89-49' accepting said work and authorizing the recordation of the Notice of Completion. 13. REQUEST FOR TREE REMOVALS Approved tree removals at the following locations: 17291 Bergen Circle, 17234 Vinewood Avenue, 14682 Dartmouth Circle, 515 S. Pacific Street and 440 W. First Street. CONSENT CALENDAR ITEM NO. Z - Approval of Demands and Ratification of Payroll Councilman Prescott noted large expenditures with Paramount Stationers in Garden Grove and questioned why local stationery stores were not utilized. Mayor Kennedy said current policy required that every effort be made to purchase from local establishments; however, supplies would not be purchased at a higher price, regardless of the tax benefit, from a local business. William Huston, City Manager, responded that staff did purchase day- to-day operating supplies from local businesses, but on major or bulk purchases Would opt for the most competitive price. A tie in equal prices would be broken by selecting the local business, as dictated bYCity Code. He felt the current purchasing practice was consistent with the City Code and suggested submitting a report outlining current procedures. Council concurred to agendize subject report. It was moved by Prescott,. seconded by Edgar, to approve the following: APPROVAL OF DEMANDS IN THE AMOUNT OF $3,180,481.96 RATIFICATION OF PAYROLL IN T~E AMOUNT OF $201,223.50 The motion carried 5-0. IX. ORDINANCES FOR INTRODUCTION - None Xo ORDINANCES FOR ADOPTION - None XI. OLD BUSINESS 1. STATUS REPORT - JOHN WAYNE AIRPORT NOISE MONITORING PROGRAM (JWA), COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAS), AIRPORT SITE COALITION .(ASC) ~ND HELICOPTER OVERFLIGHT PROGRAM TASK'FORCE (HOPTF) Christine Shingleton, Director of Community DeveloPment, gave a status report as contained in the Community Development memorandum dated April 17, 1989. Mayor Pro Tem Edgar noted the necessity for receiving accurate data in a ~imely manner and requested staff continue mohitoring. Mayor Kennedy asked COuncilman Kelly if he Would continue to attend the CRAS meetings. CITY COUNCIL MINUTES Page 4, 4-17-89 Councilman Kelly responded in the negative. He explained he wanted to remove himself from any involvement with CRAS and would focus his attention on John Wayne Airport. Mayor Kennedy requested agendizing, at the May 1, 1989 Council meeting, the appointment of a Council representative to CRAS. Council concurred. It was moved by ~oesterey, seconded by Ed_~ar, to receive and file subject report. The motion carried 5-.0. ~.. IqER BUBZNBSS ' 1. AWARD OF BID - REPLACEMENT PLAy. STRUCTURE AT CENTENNIAL .PARK It was moved by Hoesterey, seconded by Edgar, to award the contract for subject park improvements to Miracle Recreation Equipment Company of Huntington Beach in the amount of $6,411.72. The motion carried 5-0. V~SITATION FROM ESTOCK ELEMENTARY SCHOOL FIFTH GRADE CL~SS At 7:30 p.m., Mayor Kennedy welcomed Melissa Watts' Fifth Grade Class from Estock Elementary School. The class had their own Mayor and Councilmembers who were seated with the City Council on the dias. The students introduced themselves to the Council: "Councilmember" Carrie Gibbons, "Councilmember" Angie Furhman, "Mayor" Amy Mason, "Councilmember" David Fague, and "Councilmember" Jared Jarecki. Melissa Watts reported the class, during their study of government, had established their own City and City Council. Their visit to the Council meeting enabled the students to have a realistic lesson in local government operation. 2. ORAL REPORT BY LINDA ANDREWS REGARDING TILLER DAYS Linda Andrews, Chairman of the Tiller Days Committee, submitted to the Council a balance sheet of total income and expenses for the 1988 Tiller Days. After noting the success of Tiller Days and its benefit to the community, she requested the City Council approve a $6,000 donation to the Tiller Days fund. Councilman Hoesterey suggested, due to the growth of Tiller Days, that the T~ller Days Committee take full responsibility for the coordination of all Tiller Days activities. Linda Andrews indicated she was agreeable to the suggestion, however, it was imperative that the Jaycees continue their support with the Parade. It was moved by Hoestere¥, seconded by Edgar, to approve the donation of $6,000 to the Tustin Tiller Days Committee and that coordination of all Tiller Days activities would be the responsibility of the Tiller Days Committee. Mayor Pro Tem Edgar commended Linda Andrews and the Committee for the continuing success of Tiller Days. He did not feel the success of the event should be judged by attendance but should be measured by the enjoyment of the community. Councilman Kelly congratulated the Committee for their success and requested that the spirit and enthusiasm displayed by Tustin Meadows residents during their July 4th celebration be integrated to revitalize the Tiller Day Parade. The motion carried 5-0. 3. APPROVAL OF PROFESSIO1TALSERVICES AGREEMENTS FOR THE TUSTINP. ANCH ROAD INTERCI~a. NGE PROJECT ON THE SANTA ANA FREEWAY Robert Ledendecker, Director of Public Works, reported the firms recommended .were companies that had previously been approved by Caltrans for other projects. CITY COUNCIL MINUTES Page 5, 4-17-89 It was moved .by Edgar, seconded by Kelly, to approve the professional services agreements and authorize the Mayor to execute said agreements with each of the firms for the specific consultant services and fees as follows: (1) Psomas.~and Associates, construction Survey services in the amount of $57,000.00; (2) Leighton and Associates, Materials Testing .Services in the amount of $137,926.00; and (3) W. L. Hartman and Associates, Construction Inspection Services in the amount of $149,760.00. The motion carried 4-1, Hoesterey opposed. 4. APPROV~%L OF PROFESSIONAL. SERVICES A~REE14ENT FOR ASSESSMENT D~STR~CT NO. S6-Z~. STOl:tH DIt~.~N DESIGN (PHASE IV) It was moved by Hoesterey, seconded by Edgar, to approve the Professional Services Agreement with Hunsaker and Associates Irvine, Inc. to perform the engineering design services for the Assessment District No. 86-2 Storm Drain design (Phase IV) for a fee in the amount of $44,664.00, and authorize the Mayor to execute said agreement and to authorize the firm of GPS Consulting Engineers to perform plan check services for the project. · The motion carried 5-0. 5. TWENTY-YE~%R 14ASTER PLAN OF TRANSPORTATION II~IPROVEI~E~S Robert Ledendecker, Director of Public Works, reported on the background of the Twenty-year Master Plan. He stated a Public Hearing would be held by the Orange County Transportation Commission on May 8, 1989, and should the Hearing result in changes to the document, the.City would have an opportunity to respond. It was moved by Hoesterey, seconded by Edgar, to approve the Twenty-year Master Plan of Transportation Improvements (dated- March 7, 1989) . Mayor Pro Tem Edgar thought the Plan would address the transportation needs of the County and provide a funding source for those needs. He disagreed that the issue of consolidation should in any way be connected to the Twenty-year.Master Plan. As an amendment to the motion, it was moved by Edgar, seconded by Hoesterey, that the Council state their concerns regarding consolidation and the issue of consolidation be excluded from the Twenty-year Master Plan of Transportation Improvement. As a substitute motion, it was moved by Prescott, seconded by. Edgar, that the Council's approval of theTwenty-year Master Plan of Transportation Improvements be subject to the condition that the Orange County Transportation Commission and the Orange County Transportation District not be consolidated. Councilman Kelly felt the Plan was propaganda. He did not question the need for improvements, but thought current revenues should be used as funding sources and was opposed to Council endorsement. Mayor Pro Tem Edgar responded that careful analysis of funding sources indicated less than half of .the money needed for improvements was available.' Required transportation improvements did not have adequate funding from existing sources and voter approval of a sales tax increase would provide the monies. The substitute motion carried 4-1, Kelly opposed. 6. '~%W~%RD OF BID - TUST!N I~%NCH ROAD INTERCH~%N(~E ~.T SANTA ~%N~%. (1-5) FREEWAY It was moved by Prescott, seconded by Edgar, to award the bi.d in the amount of $10,041,836.40 to the low bidder, Steve P. Rados, Inc. of Santa Ana, for the construction of the Tustin Ranch Road CITY COUNCIL MINUTES Page 6, 4-17-89 Interchange Improvements at the Santa Aha (I-5) Freeway and authorize the Mayor to execute the contracts for said work, subject to the Federal Highway Works Administration approval. Mayor Kennedy requested staff remind the successful bidder of the Council's concern for the residents of Laurelwood and surrounding areas that would be effected by the construction project. The motion carried 4-1, Hoesterey opposed. 7. ~UTHORIZATION TO PURCHASE STREET SWEEPER It was moved by Hoestere¥, SeConded by Ed_~ar, to authorize the purchase of a new street sweeper from Haaker Equipment Company, Pomona, California, in the amount of $123,070.24. . Mayor Kennedy acknowledged that she had received a letter from Nixon-Egli Equipment Co. regarding Mobile Sweepers and would respond to their concerns. The motion carried 5-0. 8. CODE ENFORCEMENT - TUSTIN CAR WASH · Shakil Yassini, operator of the Tustin Car Wash, stated his attorney was present to speak on this issue. Paul Barnum, attorney representing Mr. Yassini, noted the Code violations that had been corrected by Mr. Yassini and gave a progress report of violations that were currently in the process of being rectified. He addressed several concerns of Mr. Yassini's which included: the origin of the complaints against the property; a letter addressed to the property owner (not to Mr. Yassini) with an original date of March, 1987, that had been changed to 1988; a confrontation with a proposed developer who would like to take possession of the property; and attempts by the City and property owner toward "friendly condemnation". He stated these were the circumstances that led Mr. Yassini to believethat a developer was attempting to take advantage of him and obtain possession of the property using the City and/or Code enforcement of violations. Christine Shingleton, Director of Community Development, reported there had been a two-year history of complaints concerning the property and staff, in all cases, notified the property owner with a copY to Mr. Yassini. She noted that staff's philosophy on Code enforcement was to only act in response to complaints and staff was always willing to work at compliance with property owners and tenants. Staff had attempted to contact Mr. Yassini in writing and in person, but he had been unwilling, prior to the letter received on April 12, 1989, to make any commitments toward correction of identified violations. Councilman Hoesterey said since Mr. Yassini's lease would be expiring in approximately one year and because Mr. Yassini had taken steps to improve the property, he suggested continued monitoring of the property but there be no requirement for major capital imprgvements. Christine Shingleton clarified that the improvements required were minor maintenance items. Councilman Kelly stated he was offended by the detailed correspondence betWeen the City and the L.A. Land Company in Huntington Beach. He said this was a very sensitive issue that had been aggravated by the L.A. Land Co. Christine Shingleton responded that L.A. Land Co. was the developer for the property at E1 Camino Real and Newport Avenue and staff's response to their request for information was the same as it would be for anyone who requested public information. James Rourke, City Attorney, commented that the Freedom of Information. Act required the City to make public information available to anyone. He also wanted .to clarify for the record, CITY COUNCIL MINUTES Page 7, 4-17-89 because Paul Barnum had implied that the City had previously attempted to obtain the lessee's property, that there had been discussions with Mr. Yassini's previous attorney and the property owner's attorney regarding possible acquisition of the property. An-agreement was not reached. There w~s never any intent on the part of the City to 'condemn the property other than if it had been agreeable to all parties. The City had no interest,.now or in the past, in attempting to terminate Mr. Yassini's lease. . It was moved by Hoestere¥, seconded by Edgar, that Mr. Yassini's attorney meet with staff and attempt to resolve the conflict and, if that meeting was unsuccessful, staff to resubmit the matter in 30 days for Council action. As a substitute motion, it was moved by Prescott, seconded by Kelly, that all future City correspondence with Mr. Yassini be cleared through the Council. ~ouncilman Prescott stated that Mr. Yassini was an extremely hard working immigrant and did not deserve to be harassed by the City. Mayor Kennedy said Mr. Yassini was not being harassed, instead he was being asked to be a good neighbor and maintain a presentable business. She was comfortable with staff monitoring the situation and agreed with Councilman Hoesterey's suggestion of a meeting to resolve the issue. Councilman Hoesterey noted that logistically the process would be slowed if Council approval was required for all communication. Mayor Pro Tem Edgar said requiring Council approval for correspondence would increase bureaucracy and was unacceptable. It was important that businesses were compliant with existing Codes and, while staff did not actively search for violations, when residents bring a violation to the attehtion of staff, staff had no choice but to instigate necessary action. Because Mr. Yassini was aggressively attempting to correct the violations, a meeting between the parties would be acceptable. Michael David, 445-1/2 Sixth Street, Tustin, said.the City should set an example by cleaning the lot at Prospect Avenue and Irvine Boulevard. Mayor Kennedy directed staff to clear debris from subject lot. The substitute motion failed 2-3, Kennedy, Edgar, and Hoesterey opposed. The original motion carried 5-0. At 8:20 p.m., "Mayor" Amy Mason adjourned the joint meeting of the City "ouncil and Melissa Watts ' Fifth Grade Class. Mayor Kennedy and ouncilmembers thanked the class for their interest and participation. XI I I · REPORTS 1. PLANNING .COMMISSIONACTION AGENDA - APRIL 10, 1989 It was moved by Hoesterey, seconded by Edqar, to ratify the Planning Commission Action Agenda of April 10, 1989. Councilman Prescott requested an Appeal of Item No. 3, Variance No. 89-01, a request to construct double faced billboards at 1501 Nisson Road. Council/staff discussion followed regarding the policy which allows for appeals by a Councilmember. Council concurred to appeal Item No. 3, Variance No. 89-01, of the April 10, 1989, Planning Commission Action Agenda. Councilman Prescott requested a report., from the City Attorney outlining the City Code which authorizes the right of appeal to 'only the majority of the City Council. The motion carried 5-0. CITY coUNcIL MINUTES Page $, 4-17-89 XVo -2. INVESTMENT SCHEDULE /~ OF MARCH 31, 1989 It was moved bY Hoesterey, seconded by ~dgar, to receive and file subject report. Councilman Prescott noted that two of the lending institutions with which the City had over $200,000 invested had been taken over by the Government and he would continue to vote against the Investment Schedule until the policy was changed. Ronald Nault, Finance Director, said the two lending institutions in question, Gibraltar Savings and Lincoln Savings, had not been closed by the Government and were currently operating. William Huston, City Manager, clarified that at the joint Council/Audit Committee workshop, Council directed the Audit Committee to submit a recommended policy on investments. The motion carried 4-1, Prescott opposed. INCREASE TO ORANGE COUNTY LANDFILL GATE FEES Robert Ledendecker, Director of Public Works, gave a staff report on the increase of landfill gate fees from $9.50/ton to $13.75/ton approved by the Orange County' Board of Supervisors. It was moved by Kelly, seconded by Hoesterey, to receive and file subject report. Councilman Hoesterey said the City should be mindful that fees are not always used for purposes for which they are initially collected and the County had viewed this as a very lucrative revenue-generating tool that supplements the County General Fund. He wanted the City to take a strong position against that practice so that the City would not be charged through the'trash fees for other County programs. As an ~mendment to the motion, it was moved by Hoesterey, seconded by Prescott, to direct staff to monitor future County increases. The motion carried 5-0. 4. SURPLUS SCRAP METALS It was moved by Hoesterey, seconded by Edgar, to receive and file notice of sale of surplus metals as provided for in Ordinance No. 871. The motion carried 5-0. PUBLIC INPUT - None OTHER BUSINESS 1. FUTURE VISITATIONS FROM SCHOOL CLASSES Councilman Prescott suggested that students be invited to attend Council meetings on a regular basis. Council concurred to forward a letter to the Tustin Unified School District Board of Education inviting student participation at Council meetings. 2. UNDERGROUND UTILITIES - FIRST AND YOREA STREETS Mayor Pro Tem Edgar asked if underground utilities could be incorporated with the widening of First Street/55 Freeway and Yorba Street between First and Irvine Boulevard. .Robert Ledendecker, Director of Public Works,' stated the easterly side. of Yorba Street, which had the utility poles, would ..not be widened. Part' of the reconstruction of First Street would include placement of conduits to accommodate possible future underground utilities. CITY COUNCIL MINUTES Page 9, 4-17-89 3. NEW TRASH RECEPTACLES AT VARIOUS LOCATIONS Mayor Pro Tem Edgar noted the bus bench at First Street/Prospect Avenue needed a trash receptacle. Councilman Prescott voiced his concern about the unsightly trash barrel at the Sunwest Bank bus stop. Robert Ledendec. ker, DirectOr of Public 'Works, said there were many locations' throughout the City that required new trash receptacles. He suggested &n inventory of locations be conducted with a report submitted to council for approval of a supplemental budget appropriation. 4. BLOCK GRANT PROGRAM Mayor Kennedy requested agendizing, at the May 1, 1989 meeting, staff's concern regarding ~he Block Grant Program. XVI. CLOSED SESSION Mayor Kennedy announced the City Council would recess to a Closed Session to consider personnel matters pursuant to Government Code. Section 54957. At 8:40 p.m., the meeting reces~ed to the Redevelopment Agency, then to the above Closed Session, and then adjourned to the next Regular Meeting on Monday, May 1, 1989,. at 7:00 p.m. XVIII. FOLLOWING CLOSED SESSION · Following Closed Session, it~ was moved by Edgar, seconded by Hoesterey, to adopt the following Resolution No. 89-50: RESOLUTION NO. 89-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY- OF TUSTIN, CALIFORNIA, REGARDING THE RETIREMENT OF CHARLES THAYER The motion carried 4-1, Prescott opposed. MAYOR CITY CLERK