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HomeMy WebLinkAboutCC 1 MINUTES 12-03-90MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA NOVEMBER 19, 1990 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE CONSENT CALENDAR NO. 1 12-3-90 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 Allegiance was led by Councilmember Prescott. - II. INVOCATION The Invocation was given by Alan Waterson, Pastor of Aldersgate United Methodist Church. III. ROLL CALL Council Present: Richard B. Edgar, Mayor Charles E. Puckett, Mayor Pro Tem Leslie Anne 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 W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Royleen White, Dir./Community & Admin. Services Rita Westfield, Asst. Dir./Comm. Development Valerie Whiteman, Chief Deputy City Clerk Approximately 20 in the audience IV. PROCLAMATIONS 1. NATIONAL EXEMPLARY SCHOOLS, ARROYO AND HELEN ESTOCR ELEMENTARY SCHOOLS Mayor Edgar read and presented proclamations to Arroyo and Helen Estock Elementary Schools who were selected as National Exemplary Schools in the 1989-90 Elementary School Recognition Program sponsored by the U.S. Department of Education. Christine Gregg, principal of Helen Estock Elementary School, thanked the Council for the honor and accepted the proclamation on behalf of the staff, students and parents who worked very hard for the recognition. Gerry Aust, principal of Arroyo Elementary School, accepted the proclamation and said it was an honor to have two schools from the Tustin Unified School District selected as National Exemplary Schools. V. PUBLIC HEARINGS - None CITY COUNCIL MINUTES Page 2, 11-19-90 VI. PUBLIC INPUT 1. TRAFFIC CONGESTION - NEWPORT AND RED HILL AVENUES Jo Ann Fleischaker, 14160 Red Hill #39, Tustin, expressed her concern about rush-hour traffic and the lack of traffic control by the police department on Newport and Red Hill Avenues. She requested traffic improvement updates be made available to the public. Robert Ledendecker, Director of Public Works, stated he would provide the speaker with a report containing present and future traffic improvement plans. VII. CONSENT CALENDAR Item #4 was removed from the Consent Calendar by a member of the audience. It was moved by Puckett, seconded by Pontious, to approve the remainder of the Consent Calendar. Motion carried 5-0. 1. APPROVAL OF MINUTES - NOVEMBER 51 1990 REGULAR MEETING Approved the City Council Minutes of November 5, 1990. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Approved Demands in the amount of $3,542,407.00 and ratified Payroll in the amount of $527,309.27. 3. LAW ENFORCEMENT/PUBLIC WORKS COMMUNICATION SYSTEM TRUST FUND Authorized the City Finance Director to deposit second year funds in the County of Orange's Law Enforcement/Public Works Communications System Trust Fund, and transfer $142,125 from the appropriated reserves in the Capital Improvement Fund to the General Fund for the second deposit for Police and Public Works and appropriate $9,200 from the unappropriated reserves of the Water Fund for its proportionate share, for a total appropriation from all funds of $151,325. 5. REJECTION OF CLAIM NO. 90-36 - CLAIMANT, DONALD SCHENKER; DATE OF LOSS, 7/14/90; DATE FILED WITH CITY, 10/17/90 Rejected subject claim for property and personal injury damages of an undetermined amount. 6. PROPOSED CONTRACT WITH THE COUNTY OF ORANGE FOR THE GRAFFITI REMOVAL PROGRAM Approved the subject contract as submitted. 7. RESOLUTION NO. 90-143 - 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 MALTA STREET, VALE AVENUE, HEWES AVENUE AND "C" STREET Adopted Resolution No. 90-143 accepting said work and authorized the recordation of the Notice of Completion. CITY COUNCIL MINUTES Page 3, 11-19-90 8. PURCHASE OF CHLORINATION EQUIPMENT Authorized staff to issue a purchase order to DEV/CON, Inc., of Orange in the amount of $14,161.25 for the purchase of two portable chlorination units, and pertinent safety equipment and training; and approved that the remaining budget funds be carried over for the installation of permanent chlorination equipment in FY 91-92. 9. REJECTION OF CLAIM NO. 90-40 - CLAIMANT, JOSEPH DE LA RIVA; DATE OF LOSS, 5/11/90; DATE FILED WITH CITY, 11/05/90 Rejected subject claim for general damages in the amount of $30,000,000. 10. COUNCIL CHAMBER PUBLIC ADDRESS SYSTEM Authorized Administrative Services to award a contract to Bill's Sound Systems of Costa Mesa for the installation in the Council Chamber of an amplifier, microphone mixer and sixteen microphones in the amount of $9,725.00; and approved a supplemental budget appropriation in the same amount from the unappropriated reserves of the General Fund. 11. RESOLUTION NO. 90-145 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF LANDSCAPE AND IRRIGATION IMPROVEMENTS ALONG TUSTIN RANCH ROAD ADJACENT TO THE LAURELWOOD RESIDENTIAL DEVELOPMENT AND AUTHORIZING THE ADVERTISEMENT OF BIDS Adopted Resolution No. 90-145 approving plans and specifications for the installation of Landscape and Irrigation improvements along Tustin Ranch Road adjacent to the Laurelwood residential development. CONSENT CALENDAR NO. 4 - REJECTION OF CLAIM NO. 90-37 - CLAIMANT, VANESSA BEATTY-DULEBOHN; DATE OF LOSS, 9/29/90; DATE FILED WITH CITY, 10/18/90 The following members of the audience spoke in opposition to rejecting Claim No. 90-37: John and Vanessa Dulebohn, 11862 McPherson Road, Orange James Rourke, City Attorney, stated that the City's investigators, Carl Warren & Co., reviewed the facts of subject claim and had made a recommendation to the City Attorney's Office to deny the claim because, in their opinion, the City was not liable. Councilmember Potts questioned if the City or school district could prevent this type of accident from occurring in the future by improving the fence surrounding the ball fields at Columbus Tustin School. It was moved by Potts, seconded by Prescott, to settle the claim in the amount of $180 and direct staff to correct the problem at Columbus Tustin School. CITY COUNCIL MINUTES Page 4, 11-19-90 As a substitute motion, it was moved by Prescott, seconded by Edgar, to request the City Attorney prepare a procedural report on the filing and rejection of claims against the City. Substitute motion carried 5-0. VIII. ORDINANCE FOR INTRODUCTION 1. ORDINANCE NO. 1054 - REVISION TO FLOOD PLAIN MANAGEMENT (ORDINANCE NO. 1005) Rita Westfield, Assistant Director of Community Development, reported that the City was required under the provisions of the National Flood Insurance Act of 1968 to participate in the National Flood Insurance Program and must adopt specific flood plain management regulations. Ordinance 1005 referred to a map dated April 29, 1987, and the most recently issued Flood Insurance Rate Map was dated September 15, 1989. The recommended revision was designed so that the Ordinance would not have to be revised every time an updated map became available. It was moved by Potts, seconded by Pontious, that Ordinance No. 1054 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1054 by the City Clerk, it was moved by Pontious, seconded by Potts, that the following Ordinance No. 1054 be introduced: ORDINANCE NO. 1054 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SUBSECTION 9802.1(A) OF CHAPTER 8, ARTICLE 9 OF THE TUSTIN MUNICIPAL CODE RELATED TO FLOOD PLAIN MAPPING IN THE CITY'S FLOOD PLAIN MANAGEMENT REGULATIONS Motion carried 5-0. IX. ORDINANCE FOR ADOPTION 1. ORDINANCE NO. 1053 - BUSINESS LICENSE TAX AMNESTY PROGRAM It was moved by Puckett, seconded by Pontious, that Ordinance No. 1053 have second reading by title only. Motion carried 5-0. Councilmember Potts clarified this was a business license tax amnesty only and did not excuse citizens from paying business tax obligations. Following second reading by title only of Ordinance No. 1053 by the City Clerk, it was moved by Potts, seconded by Puckett, that the following Ordinance No. 1053 be passed and adopted: ORDINANCE NO. 1053 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING A BUSINESS LICENSE AMNESTY PROGRAM DURING THE MONTHS OF DECEMBER 1990, JANUARY CITY COUNCIL MINUTES Page 5, 11-19-90 1991 AND FEBRUARY 1991 Motion carried 5-0 (roll call vote). X. OLD BUSINESS 1. AIRPORT STATUS REPORT - COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAB) Rita Westfield, Assistant Director of Community Development, gave a brief summary of a report. from Kathy Weil, City representative for Coalition for a Responsible Airport Solution (CRAS), which included the feasibility of using the George Air Force Base site as an international airport (Adelanto); the Orange County Cities Airport Authority status update; and thanked the Council for the $1000 contribution to the ORAS lobbying campaign against the use of MCAS El Toro as a commercial airport. It was moved by Potts, seconded by Pontious, to receive and file subject report. Mayor Pro Tem Puckett praised Kathy Weil as the City's representative to CRAS. Mayor Edgar stated it was important for the City to maintain a vigilant attitude against MCAS El Toro's conversion to a commercial airport site. Motion carried 5-0. 2. NON-PROFIT SUPPORT CITIZEN TASK FORCE Mayor Edgar said this item was considered at the November 5, 1990 meeting, and Council requested background information on the five recommended individuals for the Non -Profit Support Citizen Task Force. It was moved by Puckett, seconded by Pontious, to ratify appointment of individuals (Wayne Edmondson, Warren Esterline, Gwen Ferguson, Don LeJuene and Isabelle McClements) to the Citizen Task Force which would recommend distribution of funds to local non-profit groups. Councilmember Potts said in the future the City should advertise for committee vacancies rather than utilizing selection by staff. As a substitute motion, it was moved by Prescott, seconded by Potts, to ratify appointment of individuals (Wayne Edmondson, Warren Esterline, Gwen Ferguson, Don LeJuene and Isabelle McClements) to the Citizen Task Force which would recommend distribution of funds to local non-profit groups, and direct staff to submit a policy which would require advertising for commission/committee vacancies and final appointment by the City Council. CITY COUNCIL MINUTES Page 6, 11-19-90 Councilmember Pontious agreed basically with the substitute motion, but she would support the original motion because this committee would meet only once for a single purpose. Mayor Edgar said a problem with advertising for committee vacancies was that people who applied would be inclined to represent their own agency interests rather than have an objective attitude regarding distribution of funds. William Huston, City Manager, stated staff needed a clearly defined policy on commission/committee appointments. He suggested an historical background on appointments and a policy recommendation be submitted for Council consideration. Councilmember Prescott requested tabling this issue until Council received the staff policy recommendation. Mayor Pro Tem Puckett said the candidates were very qualified and should be appointed prior to the establishment of a new policy. The substitute motion failed 2-3, Edgar, Puckett, Pontious opposed. The original motion carried 4-1, Prescott opposed. It was moved by Edgar, seconded by Prescott, to direct staff to submit in 30 days a policy recommendation regarding the appointment procedures and terms of commission/committee members. Motion carried 5-0. XI. NEW BUSINESS 1. REQUEST TO RE-EVALUATE RED ZONE IN FRONT OF THE SAN REMO ITALIAN MARKET ON NEWPORT AVENUE The following member of the audience spoke in favor of removing the red zone in front of the San Remo Italian Market: Joe Massimino, owner of San.Remo Italian Market, 17880 Irvine Boulevard, Tustin (distributed a diagram of the subject area to the Council) Councilmember Potts suggested red curbing for a short distance from the corner of Andrews Street, green curbing directly in front of San Remo's, eliminating the left turn from Andrews Street, and installing a "right turn only" sign at Andrews Street. Councilmember Prescott supported elimination of the red curbing and replacement with a green zone but opposed the "right turn only" sign at Andrews Street. CITY COUNCIL MINUTES Page 7, 11-19-90 Robert Ledendecker, Director of Public Works, stated that as part of the conditions of approval for the Champion Retail Center (located at Newport Avenue and Main Street) 81 feet of red curbing was installed in front of San Remo Italian Market. Council, as the approving body, may consider an amendment to the conditions of approval (Conditional Use Permit 89-21) by holding a Public Hearing at the December 17, 1990 Council meeting. It was moved by Prescott, seconded by Pontious, to agendize a Public Hearing on an amendment to Conditional Use Permit 89-21 at the December 17, 1990 Council meeting; and directed staff to. investigate legal alternatives in which the red curbing in front of San Remo's could be temporarily removed until the Public Hearing. Council/staff discussion followed regarding removing the red curbing until the Public Hearing, Certificate of Occupancy for Music Plus, and legally providing parking places in front of San Remo's. Motion carried 5-0. XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - NOVEMBER 13, 1990 It was moved by Puckett, seconded by Pontious, to ratify the Planning Commission Action Agenda of November 13, 1990. Motion carried 5-0. 2. U.S. NAVY FUEL LINE Councilmember Prescott requested reagendizing this item after complete investigation by the U.S. Navy and the Orange County Health Department. It was moved by Prescott, seconded by Edgar, to receive and file subject report and directed staff to report to the Council when the final analysis was completed. Motion carried 5-0. 3. ADDITIONAL INVESTIGATION ON REMOVAL OF "NO U-TURN" RESTRICTION FOR NORTHBOUND TUSTIN RANCH ROAD AT IRVINE BOULEVARD It was moved by Potts, seconded by Prescott, to receive and file subject report and directed staff to investigate installing a left -turn entry lane into the adjacent residential tract. Motion carried 5-0. CITY COUNCIL MINUTES Page 8, 11-19-90 4. INVESTMENT SCHEDULE AS OF OCTOBER 30, 1990 It was moved by Pontious, seconded by Puckett, to receive and file subject report. Motion carried 5-0. XIII. PUBLIC INPUT - None XIV. OTHER BUSINESS 1. HAPPY THANKSGIVING Mayor Pro Tem Puckett and Councilmember Prescott wished everyone a happy holiday. 2. WATER SYSTEMS ANALYSIS WORKSHOP SUMMARY Mayor Edgar gave a summary of the Water Systems Analysis Workshop including future improvement of water wells, payment of Tustin Water Works Bonds and increasing the capacity of the City's reservoirs. XV. CLOSED SESSION Mayor Edgar announced the City Council would recess to Closed Session 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 Hoessrich vs. City of Tustin. The City Council would also recess to Closed Session to confer with the City Attorney regarding pending litigation pursuant to Government Code Section 54956.9(c) (The City Council of the City of Tustin has decided to file or is deciding whether to file litigation). XVI. ADJOURNMENT At 8:05 p.m.,, the City Council recessed to the Redevelopment Agency and to the above Closed Session; and then adjourned to the next Regular Meeting on Monday, December 3, 1990, at 7:00 p.m. RICHARD B. EDGAR, MAYOR MARY E. WYNN, CITY CLERK