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HomeMy WebLinkAboutMinutes of Mtg. 05-18-87i MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA MAY 189 1987 I. CALL TO ORDER/PLEDGE 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 Christina Pak, student in Mrs. Hancock's fifth grade class at Helen Estock School. The Invocation was given by Mayor Edgar. II. ROLL CALL Councilpersons Present: Counci 1 persons Absent: Others Present: III. PROCLAMATION Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott None William A. Huston, City Manager Alan Watts, Deputy 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 Ronald A. Nault, Finance Director Royleen White, Dir, of Com. & Admin. Srvcs. Ronald Wolford, Engineering Services Mgr. Susan Jones, Recreation Superintendent Janet Hester, Administrative Secretary Approximately 60 in the Audience 1. "PUBLIC WORKS MEEK" - MAY 17-239 1987 Mayor Edgar presented a proclamation designating May 17-23, 1987, as "Public Works Week" to Robert S. Ledendecker, Director of Public Works. Mr. Ledendecker thanked the Council. 84 IV. PUBLIC HEARINGS 1. PROTEST HEARINGS FOR ANNEXATIONS NO. 139 AND NO. 140 Protest hearings for subject annexations have been postponed to an Adjourned Regular Meeting of the City Council to be held on May 26, 1987, at 7:00 p.m. Revised public hearing notices have been pub- lished and mailed. Mayor Edgar stated that the public hearings on Annexation Nos. 139 and 140 were noticed for this time and date. Due to a minor cler- ical error and on the advice of the City Attorney, the hearings have been renoticed as required by law for May 26, 1987, at 7:00 p.m. in the Council Chambers.' At the public hearings on May 26, 1987, the City Council will receive written protests filed prior to commencement of the public hearing, and hear any oral protests, objections or evidence after commencement of the public hearing. Because this is not the legally required public hearing, no oral or written protests, objections or evidence will be accepted this evening concerning the proposed annexations, nor will any such protests or objections be made a part of the legal record. He advised everyone that any- member of the general public may address the Council this evening on the annexations during the time set aside for public comment. However, public comment regarding the annexations this evening will, as indicated, not be made a part of the legal record on the proposed annexations. Individual speakers wi l l be limited to a total of three minutes and repetitive comments will be limited. CITY COUNCIL MINUTES Page 2, 5-18-87 The inter-com dated May 18, 1987, prepared by the Community Devel- opment Department was received and filed by unanimous informal con- sent. 24 V. PUBLIC INPUT 1. ANNEXATIONS NO. 139 AND NO. 140 Joseph Herzig, 1751 Rainbow Drive, Santa Ana, made reference to the two notices published by the City. The first notice published on April 30 in the Tustin News stated that protest hearings would occur this evening. The second notice published on May 9 in the Orange County Register stated that protest hearings would occur on Tuesday, May 26. He asked if protest signatures gathered prior to May 9 but after April 30 would be considered valid by the City. Deputy City Attorney Watts stated that the Assistant City Attorney is working on subject annexations. They are aware of the issue Mr. Herzig mentioned, and have not reached any conclusions. Mr. Watts stated he was not prepared to express any opinion on the matter this evening. Mr. Herzig commented he would greatly desire such opinion because signatures were gathered prior to May 9 but after April 30, and the work and effort of asking volunteers to gather them again makes a fair and orderly protest difficult and cumbersome. He closed by stating that he would appreciate any definitive statements that could be made by Council on this matter. In response to Mayor Pro Tem Kennedy, Mr. Watts stated he was not aware of any statements made by Deputy City Attorney Atkins appear- ing in The Tustin News that signatures gathered prior to May 9 but after April 30 would be accepted, and that any such statement was not representative of the City Attorney's Office. Mayor Pro Tem Kennedy expressed embarrassment and apologized for the error in the notices which has caused some confusion. She hoped more care would be exercised in the future. 24 2. "NO SMOKING" SIGNS IN CLIFTON C. MILLER COMMUNITY CENTER Helen Edgar, 13622 Loretta Drive, reported that while attending a function in the community center building, some people were smok- ing. She requested that larger "No Smoking" signs similar to those in the Council Chambers be posted in the community center. 88 VI. CONSENT CALENDAR It was moved by Hoesterey, seconded by Kelly, to approve the entire Consent Calendar. The motion carried 5-0. 1. APPROVAL OF MINUTES - MAY 45 1987, REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $13,5019,405.15 RATIFICATION OF PAYROLL IN THE AMOUNT OF $1529907.98 50 3. RESOLUTION NO. 87-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUMMARILY VACATING A PORTION OF PARKCENTER LANE SOUTH OF EL CAMINO REAL Adopted Resolution No. 87-56 to vacate a median at the entrance of the private street running south of E1 Camino Real which will be maintained by the homeowner's association as recom- mended by the Public Works Department/Engineering Division. 105 4. PROPOSED CONTRACT WITH COUNTY OF ORANGE FOR REHABILITATION OF PRIVATE PROPERTIES - 12TH YEAR HOUSING AND COMMUNITY DEVELOPMENT PROGRAM (COUNTY CONTRACT NO. C40385) Approved the contract as submitted between the County of Orange and the City for $85,000 for rehabilitation of owner -occupied dwellings, apartments and mobile homes in the City's target areas; and authorized the Mayor and City Clerk to execute same as recommended by the Community Development Department. 45 87-20 CITY COUNCIL MINUTES Page 3, 5-18-87 5. PROPOSED CONTRACT WITH COUNTY OF ORANGE FOR PROVISION OF SENIOR CITIZEN CENTER FUNDS - 12TH YEAR HOUSING AND COMMUNITY DEVELOPMENT PROGRAM (COUNTY CONTRACT NO. C40328) Approved the contract as submitted between the County of Orange and the City for $20,000 for paving and surfacing of the Senior Citizen Center parking lot proposed at 200 South "C" Street; and authorized the Mayor and City Clerk to execute same as recommended by the Community Development Department. 45 87-21 6. SURPLUS WATER DEPARTMENT RADIOS Declared 11 radios as surplus and authorized them to be sold at auction as recommended by the Public Works Department/Engineer- ing Division. 87 7. RESOLUTION NO. 87-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING SOUTHERN CALIFORNIA WATER POLICY Adopted Resolution No. 87-55 as recommended by the Public Works Department/Engineering Division. 107 VII. ORDINANCES FOR INTRODUCTION - None. VIII. ORDINANCES FOR ADOPTION - None. IX. OLD BUSINESS - None. X. NEW BUSINESS 1. CONCEPTUAL PARK PLAN/ NEIGHBORHOOD PARK SITE FOR TRACT NO. 12345 (EAST TUSTIN) On May 11, 1987, the Planning Commission adopted Resolution No. 2404 finding the proposed park site and concept plan in conformance with the Recreation Element of the Tustin General Plan. Prelimi- nary design has been completed and is ready for Council review. The Recreation Superintendent introduced Mark Lorge, Senior Direc- tor at FORMA Corporation, landscape architects and planners. Mr. Lorge made a brief presentation on the preliminary design for the first park in East Tustin Phase I residential, and responded to Council questions. As recommended in the i nter-com dated May 12, 1987, prepared by the Community Services Department, it was moved by Hoesterey, seconded by Kenney, to approve design concept of Neighborhood Park; and authorize FORMA Corporation to begin working drawings. The motion carried 5-0. 77 2. AWARD OF CONTRACT FOR SLURRY SEAL PROJECT, 1986-87 FISCAL YEAR Five bids were submitted on May 11, 1987, as follows: Doug Martin Contracting Company, La Habra $125,476.00 Pavement Coatings Company, Anaheim $1269767.60 Roy Allan Slurry Seal, Inc., Laguna Hills $1282875.20 IPS Service, Inc., Redlands $1299194.00 California Pavement Maintenance, Inc., San Diego $1599048.00 The low bid is 7.2% over the Engineer's estimate of $117.000. Pursuant to the recommendation contained in the i nter-com dated May 11, 1987, prepared by the Public Works Department/Engineering Divi- sion, it was moved by Kennedy, seconded by Hoesterey, to award the contract to Doug Martin Contracting Company, La Habra, in the amount of $125,476. Carried 5-0. 95 3. AGREEMENT WITH THE CITY OF SANTA ANA FOR IMPROVEMENT OF THE ATSF RAILWAY CROSSING ON WARNER AVENUE EAST OF PULLMAN STREET A joint project to be funded by three agencies as follows: Cal - Trans - $92,700; City of Santa Ana - $46,000; and City of Tustin - $26,000. CITY COUNCIL MINUTES Page 4, 5-18-87 It was moved by Hoesterey, seconded by Kennedy, to approve the agreement with the City of Santa Ana for improvement of ATSF Rail- way Crossing No. 2-178.8-C on Warner Avenue; and authorize the Mayor and City Clerk to execute same as recommended by the Public Works Department/Engineering Division in the inter-com dated May 13, 1987. Councilman Kelly reported loose plankboards. at the Walnut railroad crossing in the industrial complex. The Director of Public Works stated that the railroad company has been notified of same and will be repairing the condition in the near future. The motion carried 5-0. 45; 87-22 4. AWARD OF CONTRACT FOR WATER MAIN REPLACEMENT PROJECT ON ARROYO, OAK LANE, ALLEMAN, BEVERLY GLEN AND STRATTON WAY Only two bids were submitted on May 12, 1987, as follows: Jana Contracting Company, Buena Park ARB, Inc., Long Beach $2029026.00 $2189484.00 The low bid is 19.5% over the Engineer's estimate of $169,025. As recommended in the i nter-com dated May 13, 1987, prepared by the Public Works Department/Enginering Division, it was moved by Kennedy, seconded bZ Hoesterey, to award the contract to Jana Con- tracting Company, Buena Park, in the amount of $202,026 for subject project; and appropriate an additional amount of $40,000 for this project from the Water Fund for Fiscal Year 1987-88. The Mayor observed that 'the five project locations are in the unincorporated area. This indicates a pattern that although water mains within the County area represent a small percentage of Tustin' s water system, they need a disproportionate amount of reno- vation. However, the City receives maximum benefit by replacing them. Councilman Kelly felt the project should be readvertised since only two bids were submitted, and both were substantially higher than the engineer's estimate. The Director of Public Works explained that the project was bud- geted several years ago, hence the lower engineer's estimate. The pipeline market is presently in a saturated condition resulting in only two bid submittals. He noted that when a project is readver- tised, bid submittals tend to be even higher. The Director recom- mended against delaying the project since subject water mains have been underground 25-30 years, they are 2-3" in diameter with a low volume of water delivery, and they suffer a high leakage history. The motion carried 5-0. 107 5. LEVY OF ANNUAL ASSESSMENTS FOR THE 1987-88 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT - RESOLUTIONS NO. 87-57 AND NO. 87-58 Twenty-three parcels are proposed for annexation to the District, most of which are in East Tustin north of Irvine Boulevard. The total amount to be assessed for street lighting and landscaping maintenance for 1987-88 is $88,000. The Engineering Services Manager presented the staff report and recommendation as contained in the inter-com dated May 11, 19879 prepared by the Public Works Department/Engineering Division. The Di rector of Publ i c - Works responded to Mayor Edgar that when Tustin assumed lighting district responsibilities from the County, it did not cover 100% of land within its corporate boundaries. Certain parcels are scattered throughout the City that are neither in the original County district nor in the 1972 Landscape & Light- ing District. CITY COUNCIL MINUTES Page 5, 5-18-87 This item adds the remainder of area within East Tustin and iso- lated areas throughout the City that were not in either district. As properties develop, these areas were conditioned for either installation of street lights adjacent to their properties or for annexation to a lighting district, so that ultimately every parcel within the City will pay its fair share for street lighting energy and maintenance. Staff is waiting to receive data from the County on the legal descriptions for parcels originally in the County district that were officially assumed by the City on January 1, 1987. It is estimated that within 60 days of receipt of that information, staff will provide an exhibit detailing which district properties are in, and which properties need to be included i n a district. Addition- ally,, ddition- ally, staff will have a complete inventory of each light, its intensity and actual energy costs throughout entire districts. Mayor Pro Tem Kennedy felt it inequitable to assess a one -bedroom dwelling unit the same as a 4,000 square -foot house. She felt the matter needed refinement and wondered if a tri -level plan would be more equitable. Council discussion followed. Jeff Cooper, BSI Consultants, stated that communities differ in how assessments are levied. Oftentimes a condominium or apartment is given a slight break in that it may be considered .75 dwelling unit vs. 1 dwelling unit. In that case, it would probably make $1-$2 difference per year. He recommended that when the district is enlarged next year there will be more condominiums and apartments, and that the situation should be given closer analysis. At this point, he felt the assessments are very equitable. Mr. Cooper added that parcels assessed for incidental expenses only were annexed into the district as a development requirement. At the time of annexation, the property owners acknowledged and accepted the assessments. It was moved by Hoesterey, seconded by Edgar, to adopt the follow- ing: RESOLUTION NO. 87-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE 1987-88 FISCAL YEAR FOR THE LEVY OF ANNUAL ASSESS- MENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND FOR THE ANNEXATION OF ADDITIONAL TERRITORY TO SAID EXISTING DISTRICT The motion carried 4-1. Kennedy opposed. The Deputy City Attorney recommended the following amendment to Resolution No. 87-58, Page 1, line 22 to read, "notwithstanding the foregoing, property owned by railroad and public utility . . 0 1 It was moved by Hoesterey, seconded by Edgar, to adopt Resolution No. 87-58 with the above amendment: RESOLUTION NO. 87-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DIS- TRICT AND TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING 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 LANDSCAPING AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF Carried 5-0. 63 XI. REPORTS 1. PLANNING COMMISSION ACTIONS - MAY 119, 1987 It was moved by Kennedy, seconded by Hoesterey, to ratify the entire Planning Commission Action Agenda of May 11, 1987. CITY COUNCIL MINUTE,, Page 6, 5-18-87 Mayor Edgar noted that approval of Use Permit 87-11 (St. Jeanne de Lestonnac School) did not contain acknowledgment of compatibility with the I-5/SR 55 widening project. The Community Development Director responded that the proposed project was reviewed with Cal - Trans and improvements were removed from the future right-of-way line. Mayor Edgar requested that the Council Minutes indicate an awareness that improvements by St. Jeanne de Lestonnac School are compatible with the I-5/SR 55 freeway interchange widening project. The motion carried 5-0. 2. INVESTMENT SCHEDULE AS OF APRIL 30, 1987 .0 It was moved by Hoesterey, seconded by Kennedy, to receive and file the report dated May 12, 1987, prepared by the Finance Department. Carried 5-0. 50 XII. OTHER BUSINESS 1. SIGNING ON SILVERSTEIN BUILDING ON REDHILL AVENUE Mayor Pro Tem Kennedy requested the Community Development Depart- ment check signing on the Silverstein building on Redhill north of Wal nut. 2. REQUEST FOR REPORT TO TUSTIN UNIFIED SCHOOL DISTRICT FROM COMMUNITY SERVICES DEPARTMENT RE YOUTH SERVICES Council concurred with Mayor Pro Tem Kennedy's request that the Community Services Department provide a formal written report to TUSD on the many services the City provides for area youths. 41 3. USE OF COLUMBUS TUSTIN PARK BY ADULT SOFTBALL LEAGUES Mayor Pro Tem Kennedy requested that the Director of Community & Administrative Services again provide an explanation of why use of Columbus Tustin Park is granted to all residents of the County on the same conditions it is offered to Tustin residents. 41 4. RAILROAD CROSSING ON REDHILL & EDINGER AVENUES Mayor Pro Tem Kennedy reported that two weeks ago at 6:12 p.m. a train blocked Redhill & Edinger for 22 minutes and asked what recourse the City has on the matter. The Director of Public Works responded that staff has spoken with the Train Master who indicated that delays sometimes occur. The Train Master stated that if he is contacted directly, he will `monitor such delays. The Director stated he feels the City has a better liaison with the railroad now than in the past and would like to pursue that route before initiating written correspondence. If that fails, then he would certainly suggest a letter. He has given the Train Master's name to residents with complaints. Councilman Hoesterey suggested that this information be printed for utilization by the public. 101 5. ASSEMBLY BILL 2190 - AGENDIZED FOR JUNE 19 1987 Councilman Hoesterey requested that staff agendize Assembly Bill 2190 which would require cities with population over 25,000 to elect their governing bodies by or from districts. He requested that the matter be agendized so that Council can voice its opposi- tion in the form of a resolution to be forwarded to the League of Cities and to elected State representatives. Council concurred. 61 6. TRAFFIC SIGNALS AT OLD IRVINE BOULEVARD & NEWPORT AVENUE Mayor Edgar requested that staff provide a report on the signaliza- tion of Old Irvine Boulevard and Newport Avenue, i.e., whether it meets the standards for signalized intersections and a cost esti- mate for implementation. CITY COUNCIL MINUTES Page 7, 5-18-87 XIII. CLOSED SESSION The Mayor announced that the City Council will recess to a Closed Ses- sion to confer with the City Attorney regarding threatened litigation pursuant to Government Code Section 54956.9(b)(1) in the reasonable opinion of the City Council based on an existing set of specific facts and circumstances a threat of litigation against the City is likely or would be likely i f discussed in an open and public meeting. XIV. RECESS - REDEVELOPMENT AGENCY; CLOSED SESSION - ADJOURNMENT At 7:55 p.m., it was moved by Hoesterey, seconded by Kennedy, to recess to a meeting of the Redevelopment Agency, thence to a Closed Session pursuant to Government Code Section 54956.9(b)(1); and thence adjourn to an Adjourned Regular Meeting on Tuesday, May 26, 1987, at 7:00 p.m., and thence to the next Regular Meeting on June 1, 1987, at 7:00 p.m. The motion carried 5-0. MAYOR CITY CLERK