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HomeMy WebLinkAboutCC 1 MINUTES 01-18-88MINUTES OF A REGULAR ~ETING OF THE CITY COUNCIL OF THE CITY OF ll~STIN, CALIFORNIA JANUARY 4, 1988 Ie II. CALL TO ORDER/PLEDGE OF AJ_LEGIANCE/INVOCATION The meeting was called- to order by Mayor Edgar at 7:01 p.m. in the City Council Chant~ers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Kelly, and the Invocation was given by Mayor Edgar. ROLL CALL Councilpersons Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tern Ronald B. Hoesterey John Kelly Earl J. Prescott Counci 1 persons Absent: None Others Present: 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 AGREEMENT TO SAN DIEGO PIPELINE - ORDINANCE NO. 999 An action of the franchise agreemenl~ 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 21, 198.7, meeting. The Engineering Services Manager presented the staff report and recommendation as contained in the inter-com dated 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- cil questions. There were no other speakers on the matter, and the public hearing was closed at 7:08 p.m. - It was moved bi/ Hoesterey, seconded by Ke.l.!j/, that Ordinance No. 999 have second reading by title only. Carried' 5-0. Following second reading of Ordinance No. 999 by the City Clerk, it was moved by Hoesterej/, seconded b)/ .Kelly, that Ordinance No. 999 be passed and adopted as toliows: ORDINANCE 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 Pa§e 2, 1-4-88 IV. Vo Mayor Pro Tern Kennedy stated her intention to assist'City staff as needed tb 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 interrupt, ion 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 Hinnant, 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 City. 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 Kennedj/, seconded by Prescott, to approve the entire Consent Calendar. On Item 1, Approval of Minutes, Councilman Hoesterey requested an addi- ti on to page 7, first -paragraph, to read, "He al so 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. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,760,889.79 RATIFICATION OF PAYROLL IN THE AMOUNT OF $159,312.08 50 3. REJECTION OF CLAIM NO. 87-35; CLAIMANT: 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 COUNCIL MINUTES Page 3, 1-4-88 4. LAMBERT SCHOOL LEASE RENEWAL Renew the lease with the Tustin Unif.ied School District for the use of Lambert School for a ~eriod 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.. VI II. OLD BUSINESS 1. JOHN WAYNE AIRPORT NOISE STUDY - UPDATE 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 recon~nendation as contained in the inter-corn 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..Kellj/, seconded by .Hoesterey, to receive and file subject report. The motion carried 5-0. 101 2. PARK ADVISORY CO)~4II-FEE: MISSION HISTORY OF PARKS AND RECREATION COM- Subject report was requested by Mayor Edgar. Following consideration of the inter-com 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 preceding 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 5:00 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 DECEMBER 30, 1987 A listing of investments for the City and Redevelopment Agency witt~ maturities 12 months or less and in excess of 12 months. It was moved ..by Hoesterey, ...s..e.conded by Prescott, to receive and file subject report dated December 30, 1987, prepared by the Finance Department. Car'ri ed 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) will be agendized soon. 37 CITY COUNCIl MINUTES Page 4, 1-4-88 2. 'CONTROLLED GROWTH' INITIATIVE Mayor Pro Tem Kennedy requested that the Controlled Growth initia- tive that is causing a lot of comment and concern in the community be agendized for the next meeting for Council discussion. 38 3. MISCELLANEOUS ITEMS Mayor Pro Tern 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 MAIN STREET ADJACENT TO TUSTIN PLAZA Councilman Hoesterey 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. 75 5. AUDIT COMMITTEE Council concurred with Councilman Prescott's request to encourage staff to help promote 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 Mayor 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 XI I. 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 - REDEVELOPMENT; CLOSED SESSION - RECONVENED At 7:45 p.m., il~ was moved bi/ Hoesterey, seconded b.y Kellj/, 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 bi/ Edl~ar, seconded by Hoes.terej/, 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. 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. CITY CLERK MAYOR