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HomeMy WebLinkAboutMINUTES 01-04-88MINUTES OF A REGULAR I~ETING OF THE CITY COUNCIL OF THE CIl~ OF llJSTIN,' CALIFORNIA JANUARY 4, 1988 Ie I1. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meetin9 was called to order by Mayor Edgar at 7:0[ p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Kelly, and the Invocation was given by Mayor Edgar. ROLL CALL Council persons Present: Counci 1 persons Absent: Others Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tern Ronald B. Hoesterey John Kelly Earl J. Prescott None William A. Huston, City Manager Alan Watts, Deputy City Attorney Mary E. Wynn, City Clerk Charles R. Thayer, Chief of Police Royleen A. White, Dir. of Com. & Admin. Srvcs. Ron Wolford, Engineering Srvcs. Manager Steve Rubin, Senior Planner Lloyd Dick, Building Official Susan Jones, Recreation Superintendent Janet Hester, Executive Coordinator Approximately 25 in the Audience III. PUBLIC HEARING 1. PROPOSED FRANCHISE AGREE~NT TO SAN DIEGO PIPELINE - ORDINANCE NO. 999 An action of the franchise agreement process to grant a non-exclu- sive franchise to San Diego Pipeline Company to install, operate, and maintain two pipelines within certain public roadways within the City of Tustin. Subject ordinance had first reading by title only and introduction at the December 2[, 1987, meeting. The Engineering Services Manager presented the staff report and recommendation as contained in the inter-corn da~ed 'December 29, 1987, prepared by the Public Works Department/Engineering Divi- sion. He noted that the Company has requested permission to begin project construction prior to expiration of the 30-day referendum period. Engineering and legal staff have no problem with that as long as they execute a letter developed by the City Attorney which would indicate that they understand the 30 day period and would assume any inherent risk. Mayor Edgar opened the public hearing at 7:04 p.m. Joseph A. Whitelaw, San Diego Pipeline Company, responded to Coun- ci 1 questi OhS. There were no other speakers on the matter, and the public hearing was closed at 7:08 p.m. It was moved by Hoesterey, seconded by Kelly_, that Ordinance No 999 have second reading by'title only. carried 5-0. Followin~ second reading of Ordinance No. 999 by the ~ity Clerk, it was move~d by Hoestere~, seconded ib~f Kelly_, that Ordinance No. 999 be passed ~n~ aaoptea as follows: OROINANCE NO. 999 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA GRANTING A FRANCHISE TO SAN DIEGO PIPELINE COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE PIPELINES WITHIN CERTAIN PUBLIC ROADS, STREETS AND WAYS OF THE CITY OF TUSTIN, CALIFORNIA CITY COUNCIL MINUTES Page 2, 1-4-88 IV. Ve Mayor Pro Tem Kennedy stated her intention to assist City staff as needed to insure project completion of a dangerous but necessary pipeline, that the franchise agreement is met, and that streets are restored to perfect-order. Mayor Edgar concurred but indicated that the new pipeline signifi- cantly enhances safety over the present system and thought there is a distinct benefit by improving the system. The Deputy City Attorney assured the Mayor that staff has no objec- tion to early start of construction, subject to providing the following notice: "The referendum period for said ordinance is thirty {30) days and any interruption in schedule as a result of activities relating to a referendum of the ordinance would be the responsibility of San Diego Pipeline Company." Roll Call Vote: AYES: 'Edgar, Hoesterey, Kelly, Kennedy, Prescott NOES: None ABSENT: None 104 PUBLIC INPUT 1. PUBLIC NUISANCE - 17592 AMAGANSET WAY John Htnnant, 14722 Brookline Way, reported that the property located at 17592 Amaganset is once again a public nuisance. He requested assistance from the City to abate the condition which has existed for five years. The Mayor informed Mr. Hi nnant of 'what steps the City has taken on the matter within restrictions of the law. The City Manager reported that staff is aware of the situation and is preparing to file action against the property owner (with the lender's involvement) to force compliance and avoid the situation persisting, since the property owner has no interest in cooperating with the Ci ry. Mayor Pro Tem Kennedy concurred with Mr. Hinnant's suggestion to notify the insurance carrier of the situation as leverage to obtain compliance. She requested the matter be agendized in 30 days. Councilman Hoesterey recalled that when Council imposed the lien, staff was directed to apprise Council of all options available, up to and including use of eminent domain if necessary. He requested that staff provide same so that a timetable can be set to eradicate the problem. There was Council consensus to agendize the matter in 30 days. 81 CONSENT CALENDAR It was moved by Kennedy, seconded by Prescott, to approve the entire Consent Calendar. On Item 1, Approval of Minutes, Councilman Hoesterey requested an addi- tion to page 7, first paragraph, to read, "He also suggested he would like to require all Committee members be City residents." Council con- curred. Councilman Kelly was informed that letters distributed to Council in the course of its meeting are referenced in the Minutes and not included as attachments to same. 1. APPROVAL OF MINUTES - DECEMBER 21, 1987, REGULAR MEETING (As corrected above.) 2. APPROVAJ. OF I)EMA~IDS IN THE AMOUNT OF $1,760,889.79 RATIFICATION OF PAYROLL IN THE AMOUNT OF $159,312.08 5O 3. REJECTION OF CLAIM NO. 87-35; CLAII~NT: CARL HARRY MARTIN; DATE OF LOSS: 6/17/87; DATE FILED WITH CITY: 9/18/87 Reject Claim No. 87-35 for personal injuries in the amount of $50,000 as recommended by the City Attorney. 40 CITY COUP"~ MINUTES Page 3, .88 LAMBERT SCIIOOL LEASE RENEWAL Renew the lease with the Tustin Unified School District for the use of Lambert School for a period of one-year commencing February 1, 1988, and ending January 31, 1989; and authorize the Mayor and City Clerk to execute same as recommended by the Community Services Department· 45 VI. ORDINANCES FOR INTRODUCTION - None. VII. ORDINANCES FOR ADOPTION -.See Public Hearing No. 1. VIII. OLD BUSINESS 1. JOHN WRYNE AIRPORT NOISE STUDY -UPOATE An ongoing status report on the John Wayne Airport Noise Monitoring Program as requested by Councilman Kelly. The Senior Planner presented the staff report and recomnendation as contained in the inter-cmn dated January 4, 1988, prepared by the Community Development Department. Councilman Kelly commented that he has recently noticed a signifi- cant relief of noise in the downtown area and hoped it would .con- tinue. It was moved by Kelly, seconded by Ho,st,r,y_, to receive and file subject~eport. The motion carried'5-O. 101 2. PARK ADVISORY (:OMIT'FEE: HISTORY OF PARKS AND RECREATION COM- MISSION Subject report was requested by Mayor Edgar. Following consideration of the inter-cmn dated December 29, 1987, . prepared by Administrative Services, the Mayor stated his intent to reinstate such a group..He suggested Council schedule a workshop to discuss the matter. The City Manager suggested no sooner than mid-February. Council discussion followed. At Mayor Edgar's request, Council concurred, to conduct a planning session to discuss the Capital Improvement Program for fiscal year 1988-89 immediately pre.ceding the March 21 meeting, with a time certain to be set at a later date. · Council concurred to schedule a workshop on Monday, February 29, at TOO p.m. to discuss Columbus Tustin Park planning and promotional combination, and the Parks Advisory Committee. Further Council/staff discussion followed, with consensus that the matter would be discussed in greater detail at the February 29 workshop · 77 IX. NEW BUSINESS - None. X. REPORTS 1. INVESTMENT SCHEDULE AS OF OECEMBER 30, 1987 A listing of investments' for the City and Redevelopment Agency with maturities 12 months or less and in excess of 12 months· It was moved by Hoesterey, seconded by Prescott, to receive and file subject report dated December 30, 1987, prepared by the Finance Department. Carried 5-0. 50 XI. OTHER BUSINESS 1. CITY CLERK POSITION Mayor Pro Tem Kennedy stated she has been informed by the City Attorney that the question of the City Clerk position (elected vs. appointed) wil 1 be agendi zed soon. 37 CITY COUNCIL MINUTES Page 4, 1-4-88 "CONTROLLED GROWTH" INITIATIVE Mayor Pro Tem Kennedy re. quested that the Controlled Growth initia- tive that is causing a lot of comment and concern in the Eommunity be agendized for the next meeting for Council discussion. 38 3. MISCELLANEOUS ITEMS Mayor Pro Tem Kennedy thanked staff for the City gardens, mourned the loss of the large pine tree in the Civic Center complex, and thanked the Tustin Police Officers Association for their Christmas party· 38 4. PARKING ON RtkIN STREET ADJACENT TO llJSTIN PLAZA Councilman Hoesterey requested that the matter be agendlzed for the next meeting, and noted that it was to have been on this agenda as referenced in the December 21, 1987, Minutes. 75 5. AUDIT COI~ITTEE Council concurred with Councilman Prescott's request to encourage staff to help Ip~omote the Audit Committee and send a letter to local accountant (CPA) associations based in Orange County to spread the idea amongst Tustin residents and they would apply. 27 6. REQUEST FOR STOP SIGN ON LORETTA DRIVE & LEAFWOOD LANE ~ayor Edgar requested that the matter be agendized for the next meeting, and noted that it was to have been on this agenda as referenced in the December 21, 1987, Minutes. 94 XII. CLOSED SESSION The Mayor announced that the City Council will recess to Closed Session to consider personnel matters pursuant to Government Code Section 54957. XIII. RECESS - RF/)EVELOPI~ENT; CLOSED SESSION - RECONVENED At 7:45 p.m., it was moved by Hoesterey, seconded by Kelly, to adjourn to the Redevelopment Agency, and thence to a Closed Session to consider personnel matters pursuant to Government Code Section 54957. Carried 5-0· The meeting was reconvened at 8:45 p.m. with all members present. XIV. ACTION FROM CLOSED SESSION - RESOLUTION NO. 88-1 It was moved by Edgar, seconded ~¥ Hoesterey, to adopt the following: · RESOLUTION NO. 88-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF CONFIDENTIAL EMPLOYEES Motion carried 5-0. 79 XV. CLER ADJOURNMENT At 8:46 p.m., the meeting was adjourned to the next Regular Meeting on Monday, January 18, 1988, at 7:00 p.m. by unanimous informal consent.. MINUTES OF A REGULAJ~ MEETING OF TIlE REDEVELOPMENT AGENCY OF THE CIT'f OF TUSTIN, CALIFORNIA JANUARY 4, 1988 CALL TO ORDER The meeting was called to order at 7:45 p.m. by Chairman Edgar in the City Counci 1 Chambers, 300 Centenni al Way, Tusti n, Cali forni a. o ROLL CN..L Agency Members Present: Agency Members Absent: Others Present: Richard B. Edgar, Chaiman Ursula E. Kennedy, Chairperson Pro Tern Ronald B. Hoesterey John Kelly Earl J. Prescott None William A. Huston, Exec. Director/City Manager Alan Watts, Deputy City Attorney Mary E. Wynn, Recording Secretary/City Clerk Charles R. Thayer, Chief of Police Royleen A. White, Dir. of Com. & Admin. Srvcs. Ron Wol ford, Engineering Srvcs. Manager Jeff Davis, Senior Planner Steve Rubi n, Senior Planner L1 oyd Dick, Bui 1 di rig. Of fi ci al Susan Jones, Recreation Superintendent Janet Hester, Executive Coordinator Approximately 10 in the Audience e APPROVAL OF MINUTES - OECENBER Z1, 1987, REGULAR MEETING [t was moved by Hoesterey, seconded by Ke119, to approve *the Minutes of the 0ecember 2[, 1987, Regular Meeting. The motion carried 5-0. 4. OTHER BUSINESS None. ADJOURNMENT At 7:46 p.m., it was moved by Hoestere~, seconded by Kellg, to adjourn to the next regular meeting on Monday, danuary 18, 1988. Carried 5-0. CHA[RMAN /