HomeMy WebLinkAboutCC 1 MINUTES 08-06-90I.
II.
_T.NUTES OF A REGULAR MEETIF
JF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
JULY 16, 1990
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Edgar at 7:00 p.m. in the
City Council Chambers, 300 Centennial Way. The Pledge of Allegiance
was led by Mayor Edgar.
INVOCATION
The Invocation was given by Jerry Lujan, Pastor of Colonial Bible
Church.
III. ROLL CALL
Council Present: Richard B. Edgar, Mayor
Charles E. Puckett, Mayor Pro Tem
Leslie Pontious
Jim Potts
Council Absent: Earl J. Prescott
Others Present: William A. Huston, City Manager
James G. Rourke, City Attorney
Mary E. Wynn, City Clerk
Christine Shingleton, Dir./Community Development
Fred Wakefield, Police Captain
Robert Ledendecker, Director of Public Works
Royleen A. White, Dir./Community & Admin. Sery-.-
Rita Westfield, Asst. Dir./Community Development
Daniel Fox, Senior Planner
Steve Rubin, Associate Planner
Valerie Whiteman, Chief Deputy City Clerk
Irma Hernandez, Administrative Assistant
Russ Louman, Building Inspector
Approximately 25 in the audience
IV. PUBLIC HEARINGS
1. EXTENSION OF URGENCY ORDINANCE FOR CITY-WIDE INTERIM ZONING
REGULATIONS FOR THE SITING OF HAZARDOUS WASTE FACILITIES
Rita Westfield, Assistant Director of Community Development,
reported that an Urgency Ordinance was in effect for only 45 days
unless the Council extended the Ordinance for an additional 22
months and 15 days. Ordinance No. 1045 was adopted to provide
temporary regulations for the siting of hazardous waste
facilities pending completion of General Plan and Zoning Code
amendments.
Mayor Edgar opened the Public Hearing at 7:05 p.m. There were
no speakers on the subject and the Public Hearing was closed.
It was moved by Pontious, seconded by Puckett, that the extension
of Ordinance No. 1045 have first reading by title only. Motion
carried 4-0, Prescott absent. Following first reading by title
only of Ordinance No. 1045 by the City Clerk, it was moved by
Puckett, seconded by Pontious, that the extension of Ordinance
No. 1045 be introduced. Motion carried 4-0. Prescott absent.
It was moved by Potts, seconded by Puckett, that the extension
of Ordinance No. 1045 have second reading by title only. Motion
carried 4-0, Prescott absent. Following second reading by title
only of Ordinance No. 1045 by the City Clerk, it was moved by
Potts, seconded by Pontious, that the extension of Ordinance No.
1045 be passed and adopted.
Motion carried 4-0, Prescott absent (roll call vote).
2. RESOLUTION NO. 90-86, ADOPTING THE CITY BUDGET AND WATER
ENTERPRISE BUDGET FOR THE FISCAL YEAR 1990-91/FINANCIAL SUPPORT
POLICY FOR LOCAL NON-PROFIT ORGANIZATIONS
William Huston, City Manager, reported the Redevelopment Agency
Budget would be presented at the August 6, 1990, Redevelopment
Agency meeting. He briefly outlined the budget noting that
City Council Minutes
Page 2, 7-16-90
adoption of Resolution No. 90-86 would appropriate the City's
Governmental Funds Budget of $45,846,678 and the City's Water
Enterprise Budget of $8,276,767. He further explained the City
Council had previously established policies for funding
contributions to community non-profit organizations through
federal revenue sharing, but federal revenue sharing was
discontinued and the policy ceased. Several local non-profit
organizations had requested donations and staff recommended an
annual process be established enabling organizations to compete
for limited dollars.
Mayor Edgar opened the Public Hearing at 7:10 p.m. There were
no speakers on the subject and the Public Hearing was closed.
It was moved by Pontious, seconded by Potts, to adopt the
proposed Council policies and procedures regarding financial
support for community non-profit organizations.
Motion carried 4-0, Prescott absent.
Councilmember Pontious suggested the $30,000 figure for fund
allotment was excessive and $20,000 would be more appropriate.
A brief Council discussion followed regarding the amount of
appropriation.
It was moved by Puckett, seconded by Potts, to approve a $30-00"0
appropriation for non-profit organization.
Motion carried 4-0, Prescott absent.
William Huston, City Manager, added that staff recently learned
there were possible State legislative changes that could
adversely effect the General Fund and staff would keep the
Council apprised.
Mayor Edgar said the budget contained funding for additional
police officers, increased staffing for the Public Works
Department, and millions of dollars toward flood control, road,
and traffic signalization improvements.
It was moved by Puckett, seconded by Pontious, to adopt the
following Resolution No. 90-86 appropriating the City's
Governmental Funds Budget of $45,846,678, and the City's Water
Enterprise Budget of $8,276,767:
RESOLUTION NO. 90-86 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND
APPROPRIATING REVENUE OF THE CITY FOR THE FISCAL YEAR 1990-91
Motion carried 4-0, Prescott absent.
V. PUBLIC INPUT - None
VI. CONSENT CALENDAR
Mayor Pro Tem Puckett clarified with staff that the warrant
appropriating $1,500 to the Tustin High School Grad Nite Committee
(Item No. 6) would be payable directly to the Committee.
Item No. 12 was removed from the Consent Calendar by Mayor Edgar.
It was moved by Puckett, seconded by Potts, to approve the remainder
of the Consent Calendar.
Motion carried 4-0, Prescott absent.
1. APPROVED MINUTES - REGULAR MEETING, JULY 2, 1990
2. APPROVED DEMANDS IN THE AMOUNT OF $3,522,411.09
RATIFIED PAYROLL IN THE AMOUNT OF $249,373.74
City Council Minutes
Page 3, 7-16-90
3. REJECTION OF CLAIM NO. 90-18 - CLAIMANT, TUSTIN PAINT MART;
DATE OF LOSS, 6/2/90; DATE FILED WITH CITY, 6/5/90
Rejected subject claim for property damage in the amount of
$402.75.
4. RESOLUTION NO. 90-80 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, SUPPORTING THE DESIGNATION OF THE
COUNTY HEALTH CARE AGENCY AS THE ORANGE COUNTY LOCAL ENFORCEMENT
AGENCY AS REQUIRED BY THE Z'BERG-KAPILOFF SOLID WASTE CONTROL ACT
OF 1976
Adopted Resolution No. 90-80 approving the Orange County
Health Care Agency as the Local Enforcement Agency.
5. RESOLUTION NO. 90-81 - A RESOLUTION OF THE CITY' COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 13835
Adopted Resolution No. 90-81 approving Tract Map 13835.
6. RESOLUTION NO. 90-87 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING AND DIRECTING PAYMENT TO
THE TUSTIN UNIFIED SCHOOL DISTRICT FOR TUSTIN HIGH SCHOOL
GRADUATION NIGHT
Adopted Resolution No. 90-87 approving the allocation of
$1,500.00 to the Tustin Unified School District to defray the
costs and expenses of conducting graduation night activities
for Tustin High School graduating seniors.
7. VESTING TENTATIVE TRACT MAP 14168
RESOLUTION NO. 90-84 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL
IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR
85-21 AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND
ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING
TENTATIVE TRACT MAP 14168 AND ALL FEASIBLE MITIGATION MEASURES
HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Approved the Environmental Determination for the project by
adopting Resolution No. 90-84; and
RESOLUTION NO. 90-85 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP
NO. 14168
Approved Vesting Tentative Tract Map No. 14168 by adoption of
Resolution No. 90-85, as submitted or revised.
8. VESTING TENTATIVE TRACT MAP 14068
RESOLUTION NO. 90-82 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL
IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR
85-21 AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND
ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING
TENTATIVE TRACT MAP 14068 AND ALL FEASIBLE MITIGATION MEASURES
HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Approved the Environmental Determination for the project by
adopting Resolution No. 90-82; and
RESOLUTION NO. 90-83 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP
NO. 14068
Approved Vesting Tentative Tract Map No. 14068 by adopting
Resolution No. 90-83, as submitted or revised.
9. AWARD OF CONTRACT - REPLACEMENT OF PLAY STRUCTURE AT PINE TREE
PARR
Awarded the contract for subject park improvements to
Landscape Structures in the amount of $25,736.27.
City Council Minutes
Page 4, 7-16-90
10. AWARD OF CONTRACT FOR WATER MAIN REPLACEMENT ON PROSPECT AVENUE,
GARLAND AVENUE, WREATH PLACE AND CHAPLET PLACE (PROJECT NOS.
600074 AND 600076)
Awarded the contract for subject project to RLT Construction,
Inc. of Anaheim, California, in the amount of $174,563.00.
11. AWARD OF CONTRACT FOR WATER MAIN REPLACEMENT ON MALTA STREET,
VALE AVENUE, HEWES AVENUE AND 11C11 STREET
Awarded the contract for subject project to Noriega Pipeline
of Rancho Cucamonga, California, in the amount of $118,968.00.
13. COOPERATIVE AGREEMENT NO. D90-118 WITH THE COUNTY OF ORANGE TO
PROVIDE FOR ADJUSTMENT OF WATER VALVE BOXES TO NEW STREET GRADE
Authorized the Mayor and City Clerk to execute subject
agreement.
14. RESOLUTION NO. 90-89 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR INSTALLATION OF MEDIAN ISLAND LANDSCAPE, IRRIGATION, AND
HARDSCAPE IMPROVEMENTS ALONG TUSTIN RANCH ROAD, JAMBOREE ROAD,
IRVINE BOULEVARD, PORTOLA PARKWAY AND LA COLINA DRIVE, AND
AUTHORIZING ADVERTISEMENT FOR BIDS
Adopted Resolution No. 90-89 approving plans and
specifications for the subject project and authorizing the
advertising of bids.
15. AWARD OF CONTRACT FOR CONSULTANT SERVICES - WATER SCADA SYSTEM
Authorized the Mayor and City Clerk to execute a Professional
Services Agreement with Alexander Engineers, Inc. to prepare
plans and specifications for final bid documents and
installation of a water Supervisory Control and Data
Acquisition (SCADA) system in the amount of $61,170.00.
CONSENT CALENDAR ITEM NO. 12 - AUTHORIZATION TO ADVERTISE FOR BIDS -
EDINGER AVENUE STORM DRAIN IMPROVEMENTS BETWEEN DEL AMO AND RED HILL
AVENUES (PROJECT NO. 900026)
Mayor Edgar questioned the distance of the project and requested
clarification of the cost.
Robert Ledendecker, Director of Public Works, explained the cost was
appropriate and the distance of the storm drain project covered
Edinger Avenue between Red Hill and Del Amo Avenues.
It was moved by Puckett, seconded by Potts, to authorize the Mayor
and City Clerk to execute "Pipe Line License/Agreement" provided to
the City by the Atchison, Topeka and Santa Fe Railway Company
.(AT&SF); and adopt the following Resolution No. 90-78 approving the
plans and specifications for the subject project and directing the
City Clerk to advertise for bids:
RESOLUTION NO. 90-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR EDINGER
AVENUE STORM DRAIN IMPROVEMENTS BETWEEN DEL AMO AVENUE AND RED HILL
AVENUE AND AUTHORIZE THE CITY CLERK TO ADVERTISE FOR BIDS
Motion carried 4-0, Prescott absent.
VII. ORDINANCES FOR INTRODUCTION - None
VIII. ORDINANCES FOR ADOPTION - None
IX. OLD BUSINESS
1. AIRPORT STATUS REPORT - JOHN WAYNE AIRPORT (JWA) AND COALITION
FOR A RESPONSIBLE AIRPORT SOLUTION (ORAS)
Christine Shingleton, Director of Community Development, gave a
status report which included the County's noise insulation
program for noise impacted areas; monitoring of air cargo
carriers; and current activities of Orange County Cities Airport
Authority to select a regional airport site.
City Council Minutes
Page 5, 7-16-90
It was moved by Puckett, seconded by Potts, to receive and file
subject report.
Motion carried 4-0, Prescott absent.
2. SOUTHWEST NEIGHBORHOOD STABILIZATION PROGRAM
Christine Shingleton, Director of Community Development,
summarized the following staff recommendations: (1) City
Council policy support for the Community Assistance Team; (2)
City Council policy support for proactive, concentrated code
enforcement; (3) Direct the preparation of a revised
nuisance/property maintenance ordinance; (4) Direct preparation
of Tustin Code amendments necessary to permit utilization of the
infraction citation procedure as an alternative enforcement
mechanism for municipal code violations; (5) Direct the Community
Assistance team to study and submit a report to the City Council
within 90 days addressing the techniques available and the costs
associated with establishing a graffiti removal program which
would facilitate removal of graffiti on private property; (6)
Direct the Community Development Department to study and submit
a report to the City Council by January 1, 1991, evaluating
either a resale or annual apartment inspection program, including
program costs and opportunities for recovery of costs; ( 7 ) Direct
the Community Services Department to study and report back to
City Council on the alternatives available for recreational
programs and opportunities within the Southwest area of the City
including any work with the Ad Hoc Child Care Committee; and (8)
Direct the Community Assistance Team to develop and report back
to the City Council within 90 days with a draft marketing program
designed to encourage community participation in clean-up and
improved living conditions in the Southwest portion of the City
including costs associated with each element of the program.
The following member of the audience spoke in favor of the
Southwest Neighborhood Stabilization Program and requested
property owners be penalized for violations:
Gregg Lynch, 14692 Cheshire Place, Tustin
Mayor Edgar, Mayor Pro Tem Puckett and Councilmember Pontious
commended staff on an excellent and prompt report.
Councilmember Pontious encouraged community involvement be
included in Recommendation Nos. 5 and 7.
Councilmember Potts expressed concern regarding the overcrowding
issue, and lack of anti -gang educational programs in schools.
Christine Shingleton in response to the overcrowding conditions,
stated the City Attorney had rendered an opinion that the City
could only use provisions currently within the Housing Code,
which were ambiguous and very difficult to enforce in the courts.
Staff was currently monitoring a number of jurisdictions involved
in court actions on the overcrowding issue. As new information
became available, more creative ways of handling code provisions
could provide additional support.
James Rourke, City Attorney,
limited by a square footage
ambiguity to the Housing Code.
Code allowed two people to li,
area, exclusive of the kitchen
one person for each additional
replied the City was strictly
provision and there was some
Staff's interpretation was the
,e in 170 square feet of living
and bathroom, and an additional
50 square feet.
Mayor Edgar suggested staff conduct a meeting in the Tustin
Meadows area to outline the City's perception of the problems and
steps being taken by the City to resolve these problems. Staff
responded that scheduling of that meeting was currently in
progress.
City Council Minutes
Page 6, 7-16-90
It was moved by Puckett, seconded by Pontious, to adopt the above
eight staff recommendations for the Southwest Neighborhood
Stabilization Program Plan.
Motion carried 4-01 Prescott absent.
X. NEW BUSINESS
1. UTILITY UNDERGROUNDING - SOUTHEASTERLY CORNER OF NEWPORT AVENUE
AND MAIN STREET
Mayor Edgar stated the cost to underground all four utility poles
was too expensive but asked staff what the cost would be to
underground one highly visible pole located on Main Street.
Robert Ledendecker, Director of Public Works, responded that the
pole in question was on the adjacent property. Staff would
investigate the cost and submit to Council for action. Council
concurred.
2. MARINE CORPS AIR STATION - TUSTIN
Mayor Edgar explained that the Irvine City Council had sent a
letter to the Secretary of Defense indicating a desire to close
the Tustin Marine Corps Air Station. He found this objectionable
and wanted to write a letter from the Mayor in support of the
Marine Corps Air Station, Tustin. Council concurred. "
3. LEVY OF ANNUAL ASSESSMENTS FOR THE 1990-91 FISCAL YEAR FOR THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT
Robert Ledendecker, Director of Public Works, reported this was
an annual process to levy the assessments for 1990/91 fiscal year
for the Tustin Landscape and Lighting District. He noted an
error in the consultant's report on page 1, stating a proposal
to annex parcel 105-010-16 to the district. There were no
parcels to be annexed this year and the report would be amended.
Mayor Edgar gave a history of the acquisition of the Tustin
Landscape Lighting District and suggested staff be directed to
investigate the probability of consolidating the entire City
under one lighting district. Council concurred.
It was moved by Pontious, seconded by Puckett, to adopt the
following: Resolution No. 90-91, ordering preparation of the
Engineer's report; Resolution No. 90-92, approving the Engineer's
report; and Resolution No. 90-93, noticing intention to levy
annual assessments and set the protest hearing for August 6,
1990:
-- RESOLUTION NO. 90-91 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ORDERING THE PREPARATION OF AN
ENGINEER'S REPORT FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE
1990-91 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT
RESOLUTION NO. 90-92 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR
THE 1990-91 FISCAL YEAR FOR THE LEVY OF ANNUAL ASSESSMENTS FOR
THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT
RESOLUTION NO. 90-93 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE
FOR AN ANNUAL LEVY OF ASSESSMENTS FOR THE IMPROVEMENT,
MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPE AND LIGHTING
FACILITIES WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN
THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND
COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT
OF 1972 AND GIVING NOTICE THEREOF
Motion carried 4-0, Prescott absent.
City Council Minutes
Page 7, 7-16-90
I. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - JULY 91 1990
It was moved by Pontious, seconded by Puckett, to ratify the
Planning Commission Action Agenda of July 9, 1990.
Motion carried 4-0, Prescott absent.
2. I-5 WIDENING PROJECT SOUND WALLS FRONTING TUSTIN HIGH SCHOOL
Councilmember Potts expressed his desire for a completed sound
wall before the start of school.
Robert Ledendecker, Director of Public Works, stated the sound
walls, which extend to Newport Avenue, were a part of the final
phase of the freeway widening. Due to cost constraints, Caltrans
deleted full freeway improvements through Tustin. He believed the
freeway would not be widened between Red Hill and Newport until
Stage 3 of the interchange project began and sound walls would
be included at that time.
Mayor Edgar suggested authorizing a letter from staff to Caltrans
urging the completion of the sound wall.
It was moved by Potts, seconded by Pontious, to receive and file
subject report and authorize a letter be forwarded to Caltrans
urging completion of the sound wall.
Motion carried 4-0, Prescott absent.
3. INVESTMENT SCHEDULE AS OF JUNE 30, 1990
It was moved by Pontious, seconded by Puckett, to receive and
file subject report.
Motion carried 4-0, Prescott absent.
XII. PUBLIC INPUT
1. MARINE CORPS AIR STATION - TUSTIN
Al Shifberg-Mencher, 16282 Main Street #3B, Tustin, suggested
including various contributions to the City by the Marine Corps
Air Station in the Mayor's letter to the Secretary of Defense;
and requested a proclamation in November honoring the birthday
of the Marine Corps.
XIII. OTHER BUSINESS
1. RECYCLING PROGRAM
Councilmember Potts requested Great Western Reclamation attend
the August 20, 1990, Council meeting and address the Council on
recycling. Staff responded that a draft report from Great
Western Reclamation outlining recommendations for the recycling
program had been received and would be agendized at the August
20th meeting.
2. FLEXIBLE WORK SCHEDULES DURING UPCOMING ROAD CONSTRUCTION
Councilmember Potts encouraged everyone to reduce travel time
and traffic congestion during upcoming road construction by
utilizing flexible work schedules.
3. NEIGHBORHOOD VOLUNTEER PROGRAM - 140 N. "A" STREET
Mayor Edgar commended the neighborhood volunteer effort that
alleviated the public nuisance problem at 140 North "A" Street.
4. TRAFFIC SIGNALS - NEWPORT AVENUE NORTH OF I-5
Mayor Edgar requested staff investigate the possible permanent
increased need for traffic signals on Newport Avenue north of
City Council Minutes
Page 8, 7-16-90
the I-5 (current temporary signals were in effect due to
construction) .
5. REZONING NEWPORT/MAIN INTERSECTION
Mayor Edgar requested staff investigate future rezoning of the
Newport/Main intersection.
It was moved by Edgar, seconded by Puckett, to have staff
investigate the possible future rezoning of the northeast and
northwest corners of the Newport Avenue/Main Street intersection.
Motion carried 4-0, Prescott absent.
6. JAMBOREE ROAD OPEN/NORTH TO CHAPMAN AVENUE
Councilmember Potts stated Jamboree Road was open to Chapman
Avenue and should alleviate traffic congestion on Newport Avenue.
XIV. ADJOURNMENT
At 8:30 p.m., the meeting recessed to the Redevelopment Agency and
then adjourned to the next Regular Meeting on August 6, 1990, at 7:00
p.m.
RICHARD B. EDGAR, MAYOR
MARY E. WYNN, CITY CLERK