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HomeMy WebLinkAboutCity Council Minutes 5-04-87II. III. IV. MIIIITES OF A REGULAR I~ETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA MAY 4, 1987 CALL TO OROER/PLEOGE OF ALLEGIANCE/INVOCATION 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 Counciln~n Prescott, and the Invocation was given by Councilman Hoesterey. ROLL CALL Counci 1 persons Present: Counci 1 persons Absent: Others Present: PROCLA~TION Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey Earl J. Prescott John Kelly 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 Isabelle McClements, Recreation Coordinator Janet Hester, Administrative Secretary Approximately 50 in the Audience 'OLDER AMERICANS MONTH' - PAY, 1987 Mayor Edgar presented a p~clamation designating the month of May, 1987, as "Older Americans Month" to Isabelle McClements, Recreation Coordinator. Ms. McClements thanked the Council. 84 PUBLIC HEARINGS- None. ¥. PUBLIC INPUT - NoNe. VI. CONSENT CAI. EM)AR It was moved by Hoesterey, seconded by Kennedy, to approve the entire Consent Calendar. The motion carried 4-0, Kelly absent. 1. APPROVAL OF MINUTES - APRIL 15, 1987, ADJOURNED REGULAR MEETING APRIL 20, 1987, REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $852,682.22 RATIFICATION OF PAYROLL IN THE AMOUNT OF $157,884.19 5O e e RESOLUTION NO. 87-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING RESOLUTION NO. 86-1 BY ADDING TU SECTION "B" A PARKING PERMIT FEE Adopted Resolution No. 87-49 which approves a $5.00 p~r vehicle fee for permit parking recipients on Healtherfield Drive and Sandwood Place as recommended by the Police Department. 75 RESOLUTION NO. 87-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY · OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR RECONSTRUCTION OF PLAIN ST. FROM "C" ST. TO PACIFIC AND AUTHORIZING ADVERTISEMENT FOR BIOS Adopted Resolution No. 87-50; and appropriated $44,419 from General Fund Reserve to provide needed project funding for increased scope of work as reco~nended by the Public Works Department/Engineering Division. 95 CITY COUNCIL MINUTES. Page 2, 5-4-87 5. RESOLUTION NO. 87-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, .CALIFORNIA, APPROVING SPECIFICATIONS FOR ASPHALT CON- CRETE REHABILITATION AND OVERLAY PROJECT AND AUTHORIZING ADVERTISE- MENT FOR BIDS Adopted Resolution No. 87-51 as recommended by the Public Works Depa rtment/Engi neeri ng Di vi si on. 95 6. RESOLUTION NO. 87-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY · OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR MANU- FACTURE AND DELIVERY OF REINFORCED CONCRETE PIPE FOR TUSTIN RANCH PROJECT, A.D. NO. 85-1, AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopted Resolution No. 87-52 as recommended by the Public Works Oepartment/Engi neeri ng Di vi s i on. 25 7. RESOLUTION NO. 87-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING PREPARATION OF AN ENGINEER'S REPORT FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE 1987-88 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Adopted Resolution No. 87-53 as recommended by the Public Works Department / Eng i nee ri ng Di vi s i on. 63 8. RESOLUTION NO. 87-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING PLACEMENT OF CERTAIN STOP SIGNS (CARFAX AVENUE AND SCHERER PLACE) Adopted Resolution No. 87-54 as recommended by the Public Works Department/Engi neeri ng Di vi si on. 94 VII. ORDINANCES FOR INTRODUCTION- None· VIII. ORDINANCES FOR AOOPTION I. ZONING ORDINANCE AMENOMEIfI' NO. 87-1 - REGULATIONS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES EICENSES ANO CONVENIENCE MRRKETS - ORDI- NAJ~CE NO. 981 Council conducted a public hearing on the matter at its April 20, 1987, meeting, after which Ordinance No. 981 received first reading by title only and introduction. It was moved by Hoesterey, seconded by Kennedy, that Ordinance No. 981 have second reading by title only. Carried 4-0, Kelly absent. Following second reading by title only of Ordinance No. 981 by the City Clerk, it was moved by Kennedy, seconded by Hoesterey, that Ordinance No. 981 be passed and adopted as follows: OROINANCE NO. 981 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 87-1 THEREBY AMENDING SECTIONS 9232 b., 9233 c., 9234 c., 9235 c., 9242 b. AND 9297 OF THE TUSTIN MUNICIPAL CODE, TO REQUIRE ISSUANCE OF A CONDITIONAL USE PERMIT FOR CONVENIENCE STORES AND ESTABLISHING DISTANCE STANDARDS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES ESTABLISH- MENTS Roll Call Vote: AYES: Edgar, Hoesterey, Kennedy, Prescott NOES: None ABSENT: Kelly 81 2. AMEND~W~NT TO CITY CODE SECTION 5331n, PARXING BY PERMIT ONLY - ORDINANCE NO. 985 Ordinance No. 985 was given first readinu by title only and intro- duction at the April 20, 19L~7, City Council meeting. It was moved by Hoesterey, seconded by Prescott, that Ordinance No. 985 have second reading by title only. Carried 4-0, Ke)!y absent. Following second reading by title only of Ordinance NO. 985 by the City Clerk,. it was moved by Hoesterey, seconded by Edoar. that Orriinanc~ Nh. QH~ hP f)2~d and arlnnrpd IX. X~ C[TY COUNCIL MINUTES Page 3, 5-4-87 OP, I)INANCE NO. 985 - AN ORD[NANcE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 5331 TO PRO- VIDE FOR A "PARKING BY PERMIT ONLY" SYSTEM Roll Call Vote: AYES: Edgar, Hoesterey, Kennedy, Prescott NOES: None ABSENT: Kelly 75 OLD BUSINESS 1. FUND-RAISING PROPOSAL FOR TUSTIN AREA SENIOR CENTER A modified proposal with the firm of Gary W. Phillips and Asso- ciates for a quick, intense campaign utilizing considerable volun- teer efforts. Councilman Hoesterey stated that this is primarily before Council for final formalization of what was approved previously. As recom- mended in the inter-c~n dated April 29, 1987, prepared by the Administrative Services Department, it was moved by Hoesterey, sec- onded by Kennedy, that the City Council: 1) Approve the proposal and authorize the City Manager to execute same; and 2) Appropriate $85,000 to fund the campaign. The motion carried 4-0, Kelly absent. 41 NEW BUSINESS REJ)EI~PTION PROCEOURES FORsll~E OUTSTANOING CITY OF TUSTIN 1971 PARK BONOS Sufficient resources wi11 be available as of June :30, lg87, to redeem the outstanding 197! Park Bonds and cover any additional administration expenses. The estimated cost of redemption is $370,000 plus additional administration expenses. The staff report and recon~nendation were presented by the City Manager as contained in the inter-com dated April 21, 1987, pre- pared by the Finance Department. He responded to Council ques- tions. It was moved by Hoesterey, seconded by Edgar, that the City Coun- cil: 1) Authorize the Redemption of the 1971 Park Bonds maturing April 1, 1988, and thereafter to be redeemed on October 1, 1987; 2) Direct staff to follow the procedures for redemption as des- cribed in Ordinance No. 520 which authorized the issuance of said bonds; and 3) Direct staff to establish a City of Tustin 1971 Park Bonds Redemption Fund and transfer all available resources of the existing Park Bond Fund, as of June 30, 1987, into the Redemp- tion Fund. The motion carried 4-0, Kelly absent. 2. AWARD OF BID FOR PURCHASE OF BACKHOE FOR WATER LINE REPAIR 5O The FY 1986-87 Budget authorized replacement of a Water Division backhoe. Funds will come from the Vehicle Leasing Fund. Bids for subject item were received as follows: Orange Coast Ford Tractors Riverside Ford Tractors John Deere - Coast Line Equipment Case Power & Equipment. $32,827.08 $33,626.00 $46,26B.23 $54,300.O0 CITY COUNCIL MINUTES Page 4, 5-4-87 Pursuant to the recon~nendation contained in the inter-corn dated April 24, 1987', prepared by the Public Works Department/Maintenance Division, it was moved by Hoesterey, seconded b)' Kenned),., to autho- rize the purchase of one Ford backhoe from Orange Coast Ford Trac- tors in the mnount of $32,827.08, plus an additional $1,275.00 for extra buckets of varying sizes, for the Water Division. Carried 4-0, Kelly absent. 87 XI. REPORTS 1. PLANNING COIqqISSION ACTIONS - APRIL 27, 1987 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. It was moved b~ Hoestere),, seconded by Edgar, to ratify the entire Planning Con~nission Action Agenda of April 27, 1987. Carried 4-0, Kelly absent. 80 2. REGIONAL/LOCAl. TRANSPORTATION PROJECTS - STATUS REPORT A status report providing a general overview on regional/local transportation projects. Following consideration of the inter-com dated April 29, 1987, pre- pared by the Public Works Department/Engineering Division, it was moved by Hoestere),, seconded by Edgar, to receive and file same. Mayor Edgar commented that the report provides an excellent por- trayal of some significant transportation projects. He noted that in less than one year, aL1, infrastructure improvements south of Irvine Boulevard will be c_Oinpleted. The motion carried 4-0, Keily absent. 100 3. NOTICE OF PROTEST HEARING FOR ANNEXATION NO. 139 - EVENINGSIDE/ RAINBOW AND NB. 140 - LA COLINA/BROWNING Following consideration of the inter-com dated May 4, 1987, pre- pared by the Con~nunity Development Department, it was moved by Hoestere¥, seconded by Edgar, to receive and file same. In response to Mayor Pro Tem Kennedy, the Community Development Director reported that a hearing notice and information brochure have been mailed to affected residents in both annexation areas° Mayor Edgar noted that area residents will conduct an information meeting on Friday, May 15, 1987, at 7:30 p.m. at Tustin Memorial Elementary School, 12712 Browning Avenue. He stated he will be irt attendance, and he invited other Councilmembers to attend. The motion carried 4-0, Kelly absent. 24 XlI. OTHER B4JSINESS 1. TUSTIN RANCH ROAD Mayor Pro Tem Kennedy reported that both homeowners associations in Laurelwood have requested notification from the City of the timing and mitigating measures being installed for construction of Tustin Ranch Road. She stated that they believe so,ne planting should be taking place now. 2. RESTRICTING BICYCLISTS FROM WIEARING HEADPItONES Councilman Hoesterey asked the City Attorney to investiuate whether State or City codes exist which prohibit bicyclists from wearir)g headphones. He also requested that the Police Department make recommendations on the situation which he feels is dangerous. CITY COUNCIL MINUTES Page 5, 5-4-87 3. FRIVOLOUS LAWSUITS FILED AGAINST TUsTIN In response to Councilman Hoesterey, the City Attorney stated that Tustin reacts to frivolous lawsuits as follows: 1) Tustin defends lawsuits vigorously. It does not compensate people just because they've filed a lawsuit. If they are entitled to compensation, that is a different matter. Other- wise, they are not p~id just to get rid of them. 2) There is a provision in the law that allows a party, including a city, to file suit against someone who has sued it. At the conclusion of a lawsuit, if judgment is rendered in favor of the city, it can bring a lawsuit alleging that the first law- suit was frivolous and seek damages from the party and the attorney. Tustin has one such lawsuit now. Staff is selective in the types of cases where this is pursued. It is not just that the party that brought the lawsuit did not win judgment, but that it had no substantial basis in fact or law. Councilman Hoesterey thought that from the standpoint of Council policy, it should vigorously pursue retribution from people who file lawsuits naming Tustin as defendants. Especially in cases where accidents occur a substantial distance from City boundaries, or those that name Tustin as a defendant solely because it is one public, entitY among the other 25 cities in Orange County. It was moved by Hoesterey, seconded by Edgar, that Tustin go on record and establish a policy to vigorousmy pursue parties that file frivolous lawsuits against the City. Carried 4-0, Kelly absent. 40 FOPJ4ATION OF AN APPOINTIVE AUDIT COI~ITTEE Councilman Prescott stat_~l that Fortune 500 corporations have a committee similar to an?appointive audit committee which audits their auditors. He wondered why the City couldn't have such a com- mittee. It was moved by Prescott, seconded by Kennedy, to agendize the possibility of forming an appointive Audit Committee for the pur- pose of auditing the City's auditors for the June 16, 1987, meet- ing. The motion carried 4-0, Kelly absent. 27 5. TRAFFIC CONGESTION AT ~WPORT & EL CN4INO REAL Mayor Edgar noted that some of the traffic congestion at the inter- section of Newport and E1 Camino Real has had an impact on left- turn movements. He thought it would be valuable to have staff analyze subject intersection in terms of traffic movement, particu- larly as it impacts high school students, and report back on whether or not there are ways in which it can be enhanced. 100 6. RECIPIENTS OF DISNEYI.ANO COI~IUNITY SERVICE AWARDS The Mayor announced that the Tustin Area Woman's Club and the Assistance League of Tustin were both Disneyland Community Service Award recipients. The audience joined the Mayor in acknowledging such an outstanding achievement with applause. He noted that proclamations have been prepared. He will be presenting the proclamation to the Assistance League of Tustin on May 7, and to the Tustin Area Woman's Club on June 10. 84 7. OFFICIAL ADJOURNMENT - DAVID EUGENE THOMPSON The Mayor requested that Council adjourn officially in inemory of David Eugene Thompson, a Tustin resident and elder with the Zion Apostolic Church in Santa Aha, who was shot to death last month in a robbery near the Los Angeles Coliseum. Mayor Edgar requested that a letter be prepared for his signature relaying Council's con- cern in this senseless killing. Council concurred. 84 CITY COUNCIL MINUTES Page 6, 5-4-87 8. MAY 11 WORKSHOP RESCHEOULED TO dUNE 8, 1987 Council concurred to reschedule the workshop for park planning from May 11 to June 8, 1987, at 5:00 p.m. 38 XIII. RECESS - REDEVELOPMENT - OFFICIAL ADJOURNMENT IN MEMORY OF DAVID EUGENE THOI~SON At 7:24 p.m., it was moved by Edgar, seconded by Hoestere~, to recess to a meeting of the Redevelopment Agency; and thence officially adjourn in memory of David Eugene Thompson to the next Regular Meeting on May 18, 1987, at 7:00 p.m. Carried 4-0, Kelly absent. ' ' ' CSY CLERKJ