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HomeMy WebLinkAboutMinutes of CC mtg 4-6-87MINUTES OF A REGULA,R MEETING OF ll4E CITY COUNCIL OF ll4E CITY OF llJSTIN, CALIFORNIA APRIL 6, 1987 I; II. III. IV. C~d.L TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Edgar at 7'06 p.m. in the City Council Chambers,-300 Centennial Way. The Pledge of Allegiance was led by Mayor Edgar, and the Invocation was given by Councilman Hoesterey. ROLL CALL Councilpersons Present- Ri chard B. Edgar, Mayor ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey ' John Kelly Counci 1 persons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Com. Dev. Director Charles R. Thayer, Chief of Police Robert S. Ledendecker, Dir. of Public Works Royleen White, Dir. of Com. & Admin. Srvcs. Susan Jones, Recreation Superintendent Janet Hester, Administrative Secretary Approximately 80 in the Audience PUBLIC HEARINGS None. PUBLIC INPUT None. CONSENT CALENDAR It was moved by Hoesterey, seconded by Kennedy, to approve the entire Consent Calendar. The motion carried 4-0. 1. APPROVAL OF MINUTES - MARCH 16, 1987, REGULAR MEETING 2. APPROVAL OF DEI~UkNDS IN THE AMOUNT OF $2,543,739.31 RATIFICATION OF PAYROLL IN THE AMOUNT OF $157,774.03 50 3. RESOLUTION NO. 87-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING FINAL TRACT MAP NO. 12372 (Healthcare Tustin) Adopted Resolution No. 87-41 as recommended by the Community Development Department. 99 4. DECLARATION OF SURPLUS VEHICLE Declared as surplus one 1978 Chevrolet Impala, Unit No. 7010, to be sold at auction as recommended by the Public Works Department/Mai ntenance Di vi s i on. 87 5. RESOLUTION NO. 87-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTI'NG WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION FOR STREET IMPROVEMENTS ALONG .EL CAMINO REAL BETWEEN THE TUSTIN AUTO CENTER .AND JAMBOREE ROAD (S.A. Healy Co. ) Adopted Resolution No. 87-42; and assuming no claims or stop' payment notices are filed, 30 days after 'the date of recorda- tion of the No.tice of Completion, authorized payment of the final 5% retention amount 'of .$37,361..52 as recommended by the Public. Works Department/Engineering~Division. 95 6. REQUEST FOR TREE REMOVAL AT 13622 LORETTA DRIVE Authorized removal/replacement of a ficus tree at 13622 Loretta Drive as recommended by the Public Works Department/Maintenance Division. 86.1 CITY COUNCIL MINUTES Page 2, 4-6-87 7. RESOLUTION NO. 87-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENTS AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION (Traffic Signal Improvements at Pacific St. and Main St. at "B" St.; Steiny & Company, Inc.) Adopted Resolution No. 87-43; and assuming no claims/stop pay- ment notices are filed, 30 days after date of recordation of Notice of Completion, authorized payment of the final 10% retention amount of $13,040.19 as recommended by the Public Works Department/Engineering Division. 94 8. SENATE BILL 97 (BERGESON) ON SCHOOL DEVELOPER FEES Directed staff to monitor and support SB 97 which addresses the issue of school impact fees as recommended by the Community and Administrative Services Department. 81 VI. ORDINANCES FOR INTRODUCTION None. VII. ORDINANCE FOR ADOPTION 1. COMMERCIAL TRUCK PARKING - ORDINANCE NO. 982 At its March 16, 1987, meeting, City Council introduced Ordinance No. 982 to revise City ordinance to allow tow-away for violation of commercial truck parking restrictions. It was moved bE. Hoester.ey, seconded by Kennedy, that Ordinance No 982 have second reading by title onl'~. Carried 4-0. Followin~ second reading by title only of Ordinance No. 982 by the City Clerk, it was moved by Hoesterey, seconded by Kennedy, that Ordi- nance No. 982 be passed and adopted as follows: ORDINANCE NO. 982 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 952 RELATING TO PARKING OF COMMERCIAL VEHICLES Roll call vote: AYES: Edgar, Hoesterey, Kelly, Kennedy NOES: None ABSENT: None 75 VIII. OLD BUSINESS 1. EAST TUSTIN POLICY COMMITTEE RECOMMENDATIONS On March 16, 1987, the City Council continued discussion on subject item at the .request of 'The Irvine Company to permit the East Tustin Policy Committee to meet with them and respond to their requests for clarification. As recommended in the i nter-com dated April 6, 1987, prepared by the Community Development Department, it was moved by Kennedy, seconded by Hoesterey, to continue discussion pendi'ng the""Poiicy Committee meeting with The Irvine Company as recommended by the Community Development Department. Motion carried 4-0. 81 2. SENIOR CENTER FUND RAISING CAMPAIGN As directed by Council, staff has worked with Gary W. Phillips and Associates for a proposal to proceed with the fund-raising cam- paign. Councilman Hoesterey stated that the proposal by Gary W. Phillips and Associates delineating methods of implementing the fund-raising campaign needs will require more time for adequate review by Coun- cil. He suggested it be considered at the April 20 meeting, or if prepared beforehand, Council could call a special meeting to con- sider same. CITY COUNCIL MINUTES Page 3, 4-6-87 It was moved bi/ Hoesterey seconded bi/ Kennedy, to continue subject item to the Apri'.l 20, 198~, meeting. The motion carried 4-0. 41 IX. NEW BUSINESS 1. REQUEST FOR PIPELINE FRANCHISE A request from the San Diego Pipeline Company (SDPC) to enter into a franchise agreement to cover installation, operation and mainte- nance of two pipelines proposed to be constructed within certain public roadways within the City. In addition to the staff report dated March 26, 1987, the Director of Public Works reviewed the supplemental report dated April 6, 1987, prepared by the Public Works Department/Engineering Division based on information received from SDPC the latter part of last week. He noted that one additional area is SDPC's original estimate for the annual franchise fee was approximately $1,500. This has been refigured based on 1987 dollars and current volume to be approxi- mately $6,000 per year. A question-and-answer period discussion fol 1 owed. Mayor Pro Tem Kennedy commented that SDPC is mismanaged, and its customers pay five times what most utility companies charge. They are also responsible for the November, 19.86, pipeline break on Edinger Avenue. The break resulted in the discharge of several hundred thousand gallons of gasoline into Peters Canyon Wash that probably cost $100,000 for all governmental agencies to contain. She felt that SDPC's reputation is below standard. Therefore, she requested the closest scrutiny and highest possible franchise fee. The Director responded that the fee is regulated by the Street and Highways Code. All other conditions will be addressed within the franchise agreement. The City Attorney responded to Councilman Hoesterey that the City does not have any liability for the operation of SDPC's pipeline or property. Councilman Hoesterey stated that what SDPC must do to install new pipeline is far better environmentally than their pres- ent operation. As recommended in the inter-corn dated March 26, 1987, prepared by the Public Works Department/Engineering Division, it was moved by Hoesterey, seconded by Kennedy, to direct staff to proc~ necessary work items to initiate a franchise agreement as requested by the San Diego Pipeline Company. Mayor Pro Tem Kennedy requested that staff and Council consider hiring a consultant to protect the. City in the process. Mayor Edgar stated he had no misgivings in terms of a consultant fee. He added that the real challenge is to guarantee compliance to realistic but very demanding standards of performance. The Director of Public Works responded to Council questions. He stated that in conjunction with the public hearing resolution, staff will respond to Councilwoman Kennedy's suggestion regarding the use of a consultant and identify what methods of control will be in place. The motion carried 4-0. 2. SAN DIEGO CREEK REGIONAL FLOOD CONTROL MASTER PLAN In June, 1986, the cities of Irvine and Tustin and The Irvine Com- pany entered into an agreement to fund the engineering services for the preparation of a master plan for the San Diego Creek Watershed upstream of the Interstate 405 freeway. This study is currently being finalized by the consultant, John Tettemer and Associates. CITY COUNCIL MINUTES ~a§e 4, 4-6-87 Pursuant to the recommendation contained in the inter-corn dated March 25, 1987, prepared by the Public Works Department/Engine.erin§ Division, it was moved by Hoesterey, seconded by Kennedy., that the City Council: 1) Approve subject "San Diego Creek Flood Control Master Plan" as the conceptual regional flood control plan for the San Diego Creek Watershed; and 2) Authorize staff to initiate a cooperative process with the sponsoring parties and Orange County Environmental Management Agency for the preparation of the required environmental docu- ments as recommended by the Public Works Department/Engineering Division. The motion carried 4-0. 3. 1987 CHILI COOK-OFF PROPOSAL A proposal to reinstate the E1 Camino Real Chili Cook-Off as requested by members of the community. The Recreation Superintendent presented the staff report and recom- mendation as contained in the inter-com dated March 31, 1987, pre- pared by the Community Services Department. Margaret Greinke thanked Council for naming her Chairman of the City's 60th Anniversary. She reported that other cities who have observed anniversaries recently had costs vary between $15,000 to $50,000 with an expected return from items sold. She outlined a preliminary budget of initial expense of funds, and noted that Council will be kept updated on the progress. Mrs. Greinke responded to Mayor Edgar that the Chili Cook-off will end at approximately 3:30 p.m., the birthday cake will be served from 3:30 to 5:00 p.m. (at no charge), with a spaghetti dinner immediately folloWing (for which there will be a charge). It was moved by Hoesterey, seconded by Kelly., to approve the con- cept of combining the Chili Cook-off and the City's 60th Anniver- sary Celebration on September 27, 1987, with details to be worked out as plans proceed. Councilma'n Kelly requested that the location of the Chili Cook-dff be moved near the Tustin Auto Center. He expressed concern that crowds at previous Chili Cook-offs were unruly because of alcoholic beverage consumption. Councilman Hoesterey felt a primary benefit of previous Chili Cook- offs was public exposure to the downtown area and the'Historical Society. The Recreation Superintendent responded to Council questions. Mayor Edgar requested that the element of advance funding be brought back for Council consideration at the April 20 meeting. Frank Greinke, Jr., Tustin Chamber of Commerce, spoke in favor of the combined event. He recommended the event be held in the down- town area. Greg K.elly, 330 E1 Camino Real, felt ~greater input was needed prior to deciding on.specifi.cs. Counci'lman Hoesterey clarified that it is inappropriate to discuss event details this evening ~since it is not a public hearing. Pro- posed Council action tonight is to approve in concept reinstatement of the Chili Cook-off and City sponsorship of a 60th Anniversary party. After further Council discussion, the motion carried 4-0. 41 CITY COUNCIL MINUTES Page 5, 4-6-87 Xo 4. AWARD OF CONTRACT FOR TRAFFIC SIGNAL MAINTENANCE, 1987-1991 Bid openi.ng for subject project was conducted on March 24, 1987. The basic unit bid was price per intersection per month as follows: Superior Signal Service, Bell Gardens Computer Service Company, Fullerton Signal Maintenance, Inc., Anaheim $44.75 $62.00 · $86.77 As recommended in the inter-com dated March 31, 1987, prepared by the Public Works Department/Engineering Division, it was moved bi/ Hoesterey, seconded by Kennedy, to award the contract for subject project to Superior Signal Service at an estimated annual cost of $46,906.00 for the period beginning May 1, 1987, through April 30, 1991. ,, After a brief question-and-answer period, the motion carried 4-0. 94 5. CURBS, GUI'TERS & CROSSGUTTERS ON 'A" STREET FROM MAIN STREET TO SECOND STREET Bid opening was conducted on March 31, 1987, for subject project. Bids were received as follows: Bruce Paving Company, Gardena Hardy and Harper Paving, Santa Ana Markel Cement Construction, Costa Mesa Pi nco, Pomona Nobest Construction, Westminster $35,773.50 $39,313.80 $43,146.00 $43,525.00 $45,412.75 It was moved by Kennedy, seconded by Kelly, to award bid for sub- ject project to the low bidder, Bruce Paving Company, Gardena, in th~ amount of $35,773.50; and authorize a supplemental 1986-87 budget appropriation in the amount of $3,800.00 in General Fund monies as recommended by' the Public Works Department/Engineering Division in the inter-corn dated March 31, 1987. Carried 4-0. 92 6. APPOINTMENT OF IWEMBER OF THE CITY COUNCIL Letters have been received from interested candidates for appoint- ment to fill the vacancy caused by Donald J. Saltarelli's resigna- tion effective March 19, 1987. Pursuant to Government Code, Coun- cil has 30 days to appoint his successor. Mayor Edgar stated that Council has not reached informal consensus on a successor. He suggested that Council schedule an Adjourned Regular Meeting. Council concurred to continue subject matter for consideration at an AdjoUrned Regular Meeting on April 15, 1987, at 5'00 p.m. in the City Council Chambers. In conjunction, Council may tentatively consider the Senior Center Fund-raising Campaign. 38 REPORTS 1. PLANNING COMMISSION ACTIONS - MARCH 23, 1987 It was moved by Hoesterey, seconded by Kennedy, to ratify the entire Planning Commission Action Agenda of March 23, 1987. Car- ried 4-0. 80 2. INVESTMENT SCHEDULE AS OF FEBRUARY 28, 1987 It was moved by Hoesterey, seconded by Edgar, to receive and file subject ireport dated March 10, 1987, prepared .by the Finance Department. The motion carried 4-0. 50 3. INVESTMENT SCHEDULE AS OF MARCH 31, 1987 It was moved by Hoesterey, seconded by Edgar, to receive and file subject report dated March''lO, '198'7, prepared by the Finance Department. Carried 4-0. 50 CITY COUNCIL MINUTES ~age 6, 4-6-87 XI. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Attorney requested a Closed Session pursuant to Government Code Section 54956.9(a) to confer with him regarding pending liti- gations which have been initiated formally and to which the City is a party, the title of the litigations are McNulty vs. Tustin and Tustin vs. Little Caesar, et al. 2. VOR NAVIGATIONAL AIDE AT JOHN WAYNE AIRPORT Councilman Hoesterey requested that staff provide a progress report on dealings between the Federal Aviation Administration (FAA) and the County of Orange in sighting the VOR. He felt it critical to maintain pressure to make it operational again. 101 3. LARGE FAMILY DAY CARE HOMES - REVISION TO TUSTIN CITY CODE Mayor Pro Tern Kennedy referenced a memo dated February 12, 1987, from the City Attorney. In subject memo it was commented that it might be desirable for the City to consider the addition to the Code of special provisions prescribing reasonable standards, restrictions and requirements concerning spacing and concentration, traffic control, parking and noise control relating to large family day care homes in residential areas. Council concurred to agendize same for Council consideration. 81 4. BILLBOARDS Mayor Edgar reported that the City of Orange has been advised by its attorneys that it will be unsuccessful in defending its bill- board ordinance presently being tested in the courts. Tustin's ordinance is almost identical to Orange's in attempting to enhance community beauty, and it is also vulnerable to the same pressures. He requested that staff review with the City of Orange how Tustin can be a "friend of the court," and 'perhaps even contribute to 0range's defense fund. In order to maintain City beauty, he thought it essential to retain some of the standards for billboard construction. Council concurred to agendize same for Council dis- cussion at the April 20 meeting. 93 5. EXTENSION OF JAMBOREE ROAD Mayor Edgar requested a project tracking timetable for subject project in three segments' 1) Through the Marine base, from Barranca to Edinger; 2) The intersection of Jamboree and I-5 (CalTrans); and 3) From the I-5 northerly to Chapman (joint project with City of Orange). The timetable would identify current milestones, constraints, environmental impact review dates, and any other elements which, might del ay completion. Council concurred to agendize same for di.sc uss i on. 95 XII. RECESS - REDEVELOPMENT; CLOSED SESSION - ADJOURNMENT At 7:50 p.m., it was moved by Edgar, seconded by Kennedy, to recess to a meeting of the Redevelopment Agency; thence to Closed Session pur- suant to Government Code Section 54956.9.to confer .with the City Attor- ney regarding pending litigations which have been initiated formally and to which the City is a party (McNulty v. Tustin, and Tustin v. Little Caesar, et al); and thence adjourn to an Adjourned Regular Meet- ing on April 15, 1987, at 5:00 p.m., and thence to the next Regular Meeting on April 20, 1987, 'at 7:00 p.m. Carried 4-0. CITY CLERK MAYOR