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Home My WebLink AboutCC 1 MINUTES 09-17-90I. II. MINU7 OF AN ADJOURNED REGULAR M [NG ,jF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA SEPTEMBER 4, 1990 CALL TO ORDER/PLEDGE OF ALLEGIANCE CONSENT CALEND R N0. 1 9/17/90 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 Allegiiance was led by Councilmember Potts. INVOCATION The Invocation was given by Reverend Reese Riley, St. Pawl's Episcopal Church. III. ROLL CALL IV. Council Present: Richard B. Edgar, Mayor Charles E. Puckett, Mayor Pro Tem Leslie Pontious Jim Potts Earl J. Prescott Council Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Rita Westfield, Asst. Dir./Community Develo Robert Ledendecker, Director of Public Work Ronald A. Nault, Finance Director Fred Wakefield, Captain/Police Department Bettie Correa, Senior Personnel Analyst Valerie Whiteman, Chief Deputy City Clerk Paula Rankin, Associate Planner Approximately 20 in the audience PROCLAMATIONS 1. TUSTIN BOBBY SOX ALL-STAR TEAM Mayor Edgar read and presented proclamations to the Tustin I Sox All-Star Team who placed second in the National Tournz of Champions. nt obby ment Carrie Leach, team manager, thanked the merchants of Tustin and the parents for the team support. i 2. CALIFORNIA RIDESHARE WEER, OCTOBER 1-51 1990 Mayor Edgar read and presented a proclamation declaring California Rideshare Week, October 1-5, 1990. Rita Westfield, Assistant Director of Community Development, accepted the proclamation on behalf of SCAG. PROCLAMATION REQUEST - MARY GRAY Councilmember Potts requested a proclamation be presented at the September 17th Council meeting to Mary Gray in recognition of her anti -gang dress code program initiated at Currie Middle School. Council concurred. I V. PUBLIC HEARING 1. APPEAL OF A CONDITION OF APPROVAL FOR CONDITIONAL USE PE 90-15 (BEACON BAY ENTERPRISES, INC.) Paula Rankin, Associate Planner, reported the Planning Commi adopted Resolution No. 2794 approving Conditional Use Permi 15 and Design Review 89-58. The project included construction of a full-service mechanized car wash, gas, sales and automotive service bays, and a convenience mark a 2.181 -acre site in the Tustin Market Place. A sign progra also approved under Conditional Use Permit 90-15 established a customized sign program for the multi -use fact The Planning Commission allowed the applicant, Beacon Enterprises, Inc., a total or 87.75 square feet of sign T 3s,ion t 90 - the )1 ine )t oil m was 4hich Lity. Bay area CITY COUNCIL MINUTES Page 2, 9-4-90 which exceeded the allowable area by approximately 23 s uare feet. The applicant had also requested two logos on the outh and east sides; however, one of the conditions of approval of Resolution No. 2794 limited the area of each wall sign to a maximum of 25 square feet. The applicant had appealed Condition No. 6.3 of Resolution No. 2794 and proposed an alternative that would allow the additional 23 square feet of sign area o be evenly divided between two logos. I Mayor Edgar commended Beacon Bay Enterprises, the Planning Commission, and staff on reaching a compromise. Mayor Edgar opened the Public Hearing at 7:10 p.m. The following member of the audience stated he was available for questions: Bill McCullogh, Architect for Beacon Bay Enterprises 260 Newport Center Drive, Newport Beach II There were no other speakers on the subject and the P* is Hearing was closed at 7:10 p.m. i It was moved by Puckett, seconded by Pontious, to approv the appeal to amend the approved sign program for the project and modify Condition No. 6.3 of Exhibit A of Resolution No. 2794 relating to Conditional Use Permit 90-15 by adopting the following Resolution No. 90-98: ! RESOLUTION NO. 90-98 - A RESOLUTION OF THE CITY COUNCIL 0 THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPEAL TO AMEN THE SIGN PROGRAM, APPROVED BY PLANNING COMMISSION RESOLUTIO NO. 2794, AND MODIFY CONDITION NO. 6.3 OF EXHIBIT A OF P NING COMMISSION RESOLUTION NO. 2794, RELATING TO ALLOWABLE SIGN EAS FOR BEACON BAY CAR WASH AT 2762 EL CAMINO REAL. Motion carried 5-0. VI. PUBLIC INPUT 1. AIRCRAFT NOISE Judy Sutliff, 17962 Theodora Drive, Tustin, expressed her co cern regarding the number of aircraft flights and noise over her ome. Mayor Edgar responded that if aircraft maintained a certain �oise decibel level, the airport was permitted more flights; however, the City was monitoring the noise/energy level of flights over the City. i Council/speaker/staff discussion followed regarding future airport sites, flight paths and noise levels. i Rita Westfield, Assistant Director of Community Development, stated the Community Development Department accepted citizen complaints regarding aircraft noise and also had a referral number for a contact person at the airport for regist ering additional complaints. i William Huston, City Manager, suggested the speaker contact the County Board of Supervisors. The City had no jurisdiction or control as to the number of aircraft or flight patterns, b t did monitor noise levels for compliance with State law and current noise levels were in compliance. VII. CONSENT CALENDAR i It was moved by Puckett, seconded by Pgntious, to approve the Cdnsent Calendar. Motion carried 5-0. 1. APPROVED MINUTES - AUGUST 20, 1990, REGULAR MEETING CITY COUNCIL MINUTES Page 3, 9-4-90 2. APPROVED DEMANDS IN THE AMOUNT OF $3,928,332.45 RATIFIED PAYROLL IN THE AMOUNT OF $246,134.99 3. RESOLUTION NO. 90-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP, 90- 104 LOCATED AT 14041 NEWPORT AVENUE Adopted revised Resolution No. 90-79. 4. PROPOSED CONTRACTS FROM THE COUNTY OF ORANGE FOR PROVISIOP OF PUBLIC FACILITIES AND IMPROVEMENTS, ORANGE STREET IMPROVEM NTS Approved the proposed contracts from the County of Orange for provision of public facilities and improvements, Orange Street improvements. 5. AWARD OF CONTRACT FOR CONSTRUCTION OF EDINGER AVENUE STORM BRAIN IMPROVEMENTS BETWEEN RED HILL AVENUE AND DEL AMO AVENUE PRCMJECT NO. 900026 Awarded the contract for the subject project to the, low bidder, Silverie & LeBouef JV of Anaheim, California, in the amount of $399,699.00. 6. RESOLUTION NO. 90-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMEN AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR ASSESSMENT DISTRICT 85-1 IMPROVEMENTS IDENTIFIED AS THE LAURELWOOD !R.V. STORAGE FACILITY Adopted Resolution No. 90-116 accepting improve#ents constructed as the Laurelwood R.V. storage facility) and authorized the recordation of the Notice of Completion for said improvements. 7. RESOLUTION NO. 90-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION OF WATER MAIN IMPROVEMENTS ON HEWES AVENUE, BIKINI PLACE, SAIGON LANEi AND LINDALE LANE Adopted Resolution No. 90-113 accepting said work' and authorized the recordation of the Notice of Completion.' S. RESOLUTION NO. 90-115 - A RESOLUTION OF THE CITY COUNCIL O� THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE ANNUAL LANDSCAPE MAINTENANCE PROGRAM FOR EL CAMINO REAL Adopted Resolution No. 90-115 approving specifications for subject project and authorized advertisement for bids. 9. RESOLUTION NO. 90-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE ANNUAL PAVEMENT MARKING AND STRIPING PROGRAM AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopted Resolution No. 90-114 approving specification for subject project and authorized advertisement for bids. 10. COOPERATIVE AGREEMENT - SAN DIEGO CREEK SEDIMENT MONITPRING PROGRAM Approved the Cooperative Agreement for the San Diego reek Sediment Monitoring Program and authorized the May" to execute said agreement subject to the City Attorney's rview and approval of said agreement. 11. AUTHORIZATION TO REQUEST BIDS FOR CHLORINATION UNITS Authorized staff to solicit bids for two portable chlorination units at a total cost of $30,000, and carry over rema ning budgeted funds in the amount of $95,000 to be use for installation of permanent chlorination equipment in FY 9I1-92. i 12. AWARD OF CONTRACT FOR WATER MAIN REPLACEMENT ON BROWNING AV NUE, ENRAMADA DRIVE, ORVILLINA DRIVE, PROJECT NOS. 600070, 60007'1 AND 600073 Awarded the contract for subject project to Tomar Engineelring, Inc. of Corona, California, in the amount of $110,745.00. i CITY COUNCIL MINUTES Page 4, 9-4-90 i I 13. REJECTION OF CLAIM NO. 90-22; CLAIMANT-TAL SCHOFIELD, DAT: OF LOSS -2/8/90; DATE FILED WITH CITY -6/25/90 Rejected subject claim for personal injury damages and property damage of an undetermined amount. VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 1048 - APRIL GENERAL MUNICIPAL ELECTIONS It was moved by Prescott. seconded by Puckett, that Ordinance No. 1048 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1048 by the City Clerk, it was moved by Pontious, seconded by Puckett, that Ordinance No. 1048 be introduced as follows: i ORDINANCE NO. 1048 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING ORDINANCE NO. 980 WHICH REQUIRED THE CITY'S GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD IN NOVEMBER OF EVEN NUMBERED YEARS PURSUANT TO SECTION 36503.5 OF THE GOVERNMENT CODE Motion carried 4-1, Prescott opposed. �'X. ORDINANCES FOR ADOPTION - None X. OLD BUSINESS - None XI. NEW BUSINESS 1. PURCHASE OF SEMI-AUTOMATIC WEAPONS - POLICE DEPARTMENT Councilmember Potts reported that Tustin Police Officers were allowed to personally purchase and carry semi-automatic we pons which were considered superior overall to revolvers for police work, and he supported City payment for semi-automatic weapons. It was moved by Potts, seconded by Edgar, to purchase semi- automatic weapons and leather gear for new officers an to reimburse officers for same who currently used semi -auto atic weapons and leather gear. Motion carried 5-0. XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - AUGUST 27, 1990 It was moved by Puckett, seconded by Pontious, to ratify, the Planning Commission Action Agenda of August 27, 1990. Motion carried 5-0. 2. NEWPORT AVENUE TRAFFIC SIGNAL REVIEW It was moved by Pontious, seconded by Potts, to receive andj file subject report. Motion carried 5-0. 3. I-5 WIDENING FROM JAMBOREE ROAD TO NEWPORT AVENUE MILESTONE SCHEDULE Mayor Edgar requested interim milestone reports for hose projects having completion dates of one year or more. Robert Ledendecker, Director of Public Works, stated that a detailed report would be prepared regarding the Irvine Boulevard and First Street closures. It was moved 12v Puckett, seconded by Pontious, to receiv� and file subject report. Motion carried 5-0. CI'T'Y COUNCIL MINU'T'ES Page 51 9-4-90 XIII. PUBLIC INPUT 1. CITY PAYMENT OF PRESCOTT/KELLY LEGAL FEES Carl Kasalek and Guido Borges, representatives of T I astin Residents Action Committee, spoke in opposition to City pa ment of attorney fees incurred by Councilmember Prescott and f rmer Councilmember Kelly for the lawsuits initiated against the,City to block the April, 1990, election (Closed Session Item). XIV. OTHER BUSINESS i 1. COMMENDATION FOR PLANNING COMMISSIONER KASPARIAN Councilmember Potts commended Planning Commissioner Kasparijan on the following items brought forth during the Planning Commi Sion meeting: (1) Sign Code from Vancouver, British Columbia (2) Parkland dedication; and (3) Distribution of Fire S4fety brochures through the Tustin School District. 2 CLOCK AT EL CAMINO REAL/MAIN STREET I Councilmember Prescott reported the light illuminating the dock at E1 Camino Real and Main Street was burned out. 3. POPULATION OF TUSTIN Mayor Edgar reported the preliminary population report for the City of Tustin published by the U.S. Census Bureau was 50,000 which may result in additional State and Federal funding. i Council/staff discussion followed regarding probability of $tate and Federal funding. i XV. CLOSED SESSION i Mayor Edgar announced the City Council would recess to Closed Seg Sion pursuant to Government Code Section 54956.9(a) to confer Witt the City Attorney regarding pending litigation which had been initiated formally and to which the City was a party. The title of the litigation was Earl Prescott and John Kelly v. City of Tustin and the case number was X61-85-41. XVI. ADJOURNMENT At 7:50 p.m., the meeting recessed to the Redevelopment Ag�ncy, recessed to the above Closed Session, and then adjourned to the! next Regular Meeting on Monday, September 17, 1990, at 7:00 p.m. VII. FOLLOWING CLOSED SESSION At 8:40 p.m., it was moved by Pontious, seconded by Potts, that the City Council and Earl Prescott have agreed as follows regarding the litigation entitled Earl Prescott and John Kelly vs. Tustin, et al. No. X 61-85-41, Orange County Superior Court: (1) Mr. Prescott and Mr. Kelly will dismiss their pending lawsuit described above with prejudice; (2) The parties' respective attorneys will agree upO an arbitrator, a retired judge officed outside of Orange County, 1 with the arbitration to be conducted in a county bordering Orange Co nty, to arbitrate in a timely manner the claims of Mr. Prescott an Mr. Kelly for City payment of their attorneys' fees in the Wynn vs. Tustin lawsuit and the two Prescott and Kelly vs. Tustin lawsuits and that the parties agree to be bound by the arbitrator's decision without resort to the courts or appeals; ( 3 ) Each party shall release the others from all claims except as decided by the arbitrator as to the claims of Mr. Prescott and Mr. Kelly to reimbursement of their attorneys' fees; (4) The parties shall bear the expenses of arbitration equally, except that Mr. Prescott shall bear and pay for any additional costs of the arbitration occasioned by virtue of using an out of county arbitrator and/or conducting the arbitration outside of Orange County; (5) This agreement shall be set forth in a wry tten I CITY COUNCIL MINUTES Page 6, 9-4-90 'i agreement to be executed by all parties within ten days of September 4, 1990. i Motion carried 4-0, Prescott abstained. a RICHARD B. EDGAR, MAYOR i MARY E. WYNN, CITY CLERK