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HomeMy WebLinkAboutCC 1 MINUTES 02-01-88MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA JANUARY 18,. 1988 Ie CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Edgar at 7'O0'.p'.m. in the City Council Chambers, 300 Centennial Way. The 'Pledge of Allegiance.was led by Mayor Pro Tem Kennedy, and the Invocation, was given by Councilman Hoesterey. II. ROLL CALL Councilpersons Present: Ri chard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Charles R. Thayer, Chief of Police Robert S. Ledendecker, Dir. of Public Works Royleen A. White, Dir. of Com. & Admin. Srvcs. Ronald A. Nault, Finance Director Captain Wakefield, Police Department Janet Hester, Executive Coordinator Approximately 25 in the Audience Iii I . PROCLAMATION 1. "JAYCEE I~EEK" - JANUARY 17-23, 1988 - TUSTIN JAYCEES Jeff Post, President, accepted a proclamation from Mayor Edgar designating January 17-23, 1988, as "Jaycee Week." Mr. Post thanked the Council, and proclaimed all Council members as Honorary Members of the Tustin Jaycees. , 84 PUBLIC HEARING 1. NEWPORT/MCFADDEN AVENUE UNDERGROUND UTILITY DISTRICT NO. 10 - RESOLUTION NO. 88-6 Formation of subject district will provide for undergrounding of all overhead telephone, cable television, and Edison distribution facilities within its boundaries, located within the South Central Redevelopment Project Area. (Reference Redevelopment Agency Agenda Item No. 5.) The Director of Public Works presented the staff report and recom- mendation as contained in the inter-com dated January 11, 1988, prepared by the Public Works Department/Engineering Division. Councilman Kelly questioned why Redevelopment funds will be uti- lized for conversion of three properties in this district, when property owners in the E1 Camino Real Underground Utility District No. 5 were assessed for conversion on their parcels. The Director of Public Works responded that District No. 5 was done under Public Utilities Commission (PUC) Rule 2OB. This d~s- trict is being done under PUC Rule 20A. The Director informed the Mayor that the City's current annual entitlement averages $105,000. Council/staff discussion followed. The public hearing was opened by Mayor Edgar at 7:15 p.m. There were no speakers on the matter, and the public hearing was closed. CITY COUNCIL MINUTES Page 2, 1-18-88 It was moved by Hoesterey, seconded .by Edgar, to adopt the follow- ing with the .modification that. the three property owners be assessed for improvements as was done in E1 Camino Real Underground, Utility District No. 5 with identical financing mechanisms made available for amortization of same, to maintain ~.consistency. .. RESOLUTION NO. 88-6 -'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY .DISTRICT NO. 10, NEWPORT/MCFADDEN AVENUE, AND ORDERING THE CONVERSION Mayor Pro Tem Kennedy stated that Redevelopment laws may have changed. She requested Council review the matter prior to voting. The Director of Public Works indicated that there is adequate time for Council review. He stated that staff could provide a recap of what transpired in E1 Camino Real District No. 5. The motion was amended by Hoesterey, seconded by. Kennedy, to con- tinue to February i for a recap on what transpired'in the E1 Camino Real Underground' Utility District No. 5. Carried 5-0. 104 The Mayor noted that. the public hearing on subject item has been conducted and closed. PUBLIC INPUT 1. ANNEXATION AREA NO. 138 ZIP CODE DESIGNATION Gerald Feldman, 13191 Wickshire Lane, Chairman of Bellewick Com- munity Association, requested Council. support in changing subject area's zip code designation from 92705 to 92680, since the area Postmaster has denied their request. Mr. Feldman presented a peti- tion with approximately 87 signatures. Council/staff discussion followed regarding the appropriate proce- dure to follow. Council concurred to agendize subject matter for the February 1 meeting. 103 2. USE OF CITY PROPERTY (HOUSE) AT 235 EAST MAIN STREET A. J. Coco, 13751 Red Hill, representing the Tustin Area Historical Society, requested Council consideration of use of the vacant house at 235 East Main Street by the Historical Society. Margaret Greinke, 230 South "A" Street, also addressed the Council on the use of the vacant house as a "hands-on" children's museum. Council discussion followed. The City Manager recommended at least 30 days for staff review of the matter. Council concurred to agendize in 30 days the Tustin Area Historical Society's request to use the vacant house at 235 East Main Street as a "hands-on" children's museum. 85 Mr. Coco requested that Historical Society representatives be allowed to participate in staff review. Helen Edgar, 13622 Loretta Drive, i'nterjected that Laurel House has also submi-tted a request for use of subject hous. e and requested equal consideration. CONSENT CALENDAR Item No. 8 was removed from the Consent Calendar by Prescott. It was moved by Hoesterey, seconded by Kel.l.y, to approve the remainder of the Consent Calendar. The motion carried 5-0. 1. APPROVAL OF MINUTES - JANUARY 4, 1988, REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,082,203.54 RATIFICATION OF PAYROLL IN THE AMOUNT OF $156,992.38 5O CITY COUNCIL MINUTES Page 3, 1-18-88 3. APPROPRIATION OF FUNDS FOR COMPUTER EQUIPMENT PURCHASE Appropriated $4,375 from the .General Fund (of $4,400 cash obtained in a drug arrest in 1984) to purchase computer equip- ment (two terminals and one touch screen) as recommended hy the Poli ce Department. 82 .~ 4. RESOLUTION NO. 88-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS, DOCUMENTS, AND PAPERS IN THE POSSESSION OF THE POLICE DEPARTMENT OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS PURSUANT TO TIlE AUTHORITY GRANTED BY SECTIONS 34090.5 AND 34090.7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA Adopted Resolution No. 88-2 as recommended by the Police Department and consented to by the City Attorney. 82 5. PROPOSED CONTRACT WITH COUNTY OF ORANGE FOR PROVISION OF SENIOR CITIZEN CENTER FUNDS - 13TH' YEAR HOUSING & COI~qUNITY DEVELOPMENT PRO~RAF! Approved subject contract in the amount of $15,000 to be uti- lized for the Senior Center project; and authorized the Mayor and City Clerk to execute same as recommended by the Community Development Department. 45; 88-2 6. RESOLUTION NO. 88-3- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF' NOTICE OF COMPLETION (WATER MAIN IMPROVEMENTS - SECOND STREET, THIRD STREET, WASS STREET, ELIZABETH WAY, AND IRVINE BLVD.) Adopted Resolution No. 88-3; and assuming no claims/stop pay- ment notices are filed, 30 days after date of recordation of Notice of Completion, authorized payment of final 10% retention amount ($20,456.24 - Spear Pipeline Construction) as recom- mended by the Public Works Department/Engineering Division. 107 7. UTILITY AGREEMENT NO. 7UT-8945 WITH STATE OF .CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR WATER MAIN RELOCATION AT MCFADDEN AVENUE & ROUTE 55 FREEWAY Approved subject agreement with CalTrans at an estimated cost of $80,000 (100% reimbursable by the State); and authorized the Mayor and City Clerk to execute same as recommended by the Public Works Department/Engineering Division. 45; 88-3 9. RESOLUTION NO. 88-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 88-1 (Donald L. Bren Company, Lot D [Recreational Area], Tract 13044) Adopted Resolution No. 88-5 as recommended by the Public Works Department/Engineering Division. 81 10. RESOLUTION NO. 88-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (WATER MAIN IMPROVEMENTS - LA POSADA APART- MENTS ) Adopted Resolution No. 88-7; and assuming no claims/stop pay- ment notices are filed, 30 days after recordation of Notice of Completion, authorized payment of final 10% retention amount ($2,277.77 - Spear Pipeline Construction), as recommended by the Public Works Department/Engineering Division. 107 Consent Calendar Item No. 8 -Embossed Concrete Median Paving Improve- ments- Councilman Prescott was opposed to replacing green areas with concrete. He wondered if commercial property owners are aware of sub- ject project, and if they would want to form a maintenance assessment district if cost factors are the reason for same. The Director of Public Works described the various locations, noting that some locations to be replaced have experienced irrigation system maintenance problems. Staff's intent is to replace turf with pavement, and retain all trees in place. Mayor Pro Tern Kennedy suggested a compromise by retaining 8-foot medians that are green, and paving median that are less than 4 feet or considered hazardous. CITY COUNCIL MINUTES Page 4, 1-18-88 -- The Mayor suggested continuance to the next meeting with a pictorial representation of all ten locations. .Further discussion followed. It was moved by Kennedy, seconded b.y Prescott, to continue the follow- ing to February I with staff to provide photos of each location: .. 8. RESOLUTION NO. 88-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS. FOR THE CONSTRUCTION OF EMBOSSED CONCRETE MEDIAN PAVING IMPROVEMENTS AT VARIOUS LOCATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS The motion carried 5-0. 92 V(l . ORDINANCE FOR INTRODUCTION 1. CITY COUNCIL COMPENSATION - ORDINANCE NO. 1000 A proposed ordin'ance to increase compensation from $400 to $440 per month, last adjusted in September, 1985. The increase would become effective at the beginning of a new term of any Council person following the next municipal election. It was moved by ....Kenned~v, seconded by .Hoestlerey, that Ordinance No. 1000 have first reading by title only. Councilman Kelly voiced opposition to the ordinance. Mayor' Edgar explained that should he vote in opposition to first reading, the City Clerk would be required to read the ordinance in its entirety. The motion carried 5-0. Following first reading by title only of Ordinance No. 1000 by the City Clerk, it was moved by Hoesterey, seconded ...by Kennedy, that Ordinance No. 1000 be introduced as fol 1 I'O"WS: ORDINANCE NO. 1000 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO COUNCIL COMPENSATION Councilman Kelly reiterated his opposition, a'nd felt Council should be prudent and frugal. Councilman Prescott stated his principles against politicians voting for their own increase in compensation. He cautioned that future Councils will become professional, full-time politicians. Councilman Hoesterey stated that it is appropriate to set compensa- tion per law, and it is a responsibility to future Councils to con- tinue the process. Although it has always been difficult to do so, he did not feel it diminishes the reason for serving on the Coun- cil. Mayor Pro Tem Kennedy suggested placing the matter on the ballot as an advisory issue. The City Attorney stated that it could be placed on the ballot as either an advisory or binding matter, since the State Code permits a greater increase with voter approval. A substitute motion was made by Kennedy, seconded by Prescott, to place the matter on the ballot. Following further discussion, a second substitute motion was made by Hoesterey, seconded by Ed.~ar, to continue subject item to the next meeting with a report on all options for placing the matter on the ballot. Carried 5-0. 38 V])II. ORDINANCES FOR ADOPTION None. X~ ~ITY COUNCIL MINUTES . Page 5, 1-18-88 OLD BUSINESS 1. JOHN' WAYNE AIRPORT NOISE STUDY - UPDATE An ongoing status report on the John Wayne AirPort Noise Monitoring Program. '"' The staff report and recommendation were presented by the. Community Development Director as contained in the i nter-cOm dated January 18, 1988,.prepared by the Community Development Department. It was moved by Hoesterey, seconded by Kennedy., to receive and file subject report. Carried 5-0. 101 NEW BUSINESS 1. BALLOT )vEASURE - APPOINTMENT OF CITY CLERK Subject report was requested by Mayor Pro Tern Kennedy. It was moved by Kenlnedy, seconded by ..Prescott, that the City Clerk remain an elected position with the belief that the more elected positions, the greater control the voters have. In response to Councilman Kelly, the City Clerk stated preference that the City Clerk remain an elected position. Councilman Kelly was supportive of same. The motion carried 5-0. 37 2. REPORT ON MAIN STREET PARKING PROHIBITION FROM NEWPORT AVENUE WESTERLY (SOUTH SIDE) Subject report was. requested by Councilman Hoesterey. The staff report and recommendation were presented by the Director of Public Works as contained in the inter-corn dated January 6, 19.88, prepared by the Public Works Department/Engineering Division. Kim Josephson, 1100 Newport Center Drive, representing Carver Development, was supportive of any Council' action which would increase parking in the area. He responded to Mayor Edgar that Carver will begin to strictly enforce designated employee parking. It was moved by Hoesterey, seconde.d iby Edgar, to install 20-minute restricted parking along Main Street from Saddleback Mortuary easterly to a distance 80 feet from Tustin Plaza ingress/egress. The Director responded to Mayor Pro Tern Kennedy that staff's major concern is difficulty in removing on-street parking where people have enjoYed its use over several years. He recommended that input from Police Department be obtained before determining the appropriate time span for restricted parking. An amendment to the substitute motion was made by Hoester. ey, sec- onded by..Edgar, to install parking along Main Street from Saddle- back Mortuary easterly to a distance 80 feet from Tustin Plaza ingress/egress, with staff to report back no later than 60 days on a recommended time restriction, with the enacting resolution to memorialize the fact that parking, may be removed in the future. The motion carried 5-0. 75 3. REQUEST FOR STOP SIGNS AT THE INTERSECTION OF LEAFWOOD DRIVE/ LORETTA DRIVE Subject report was requested by Mayor Edgar. He spoke in support of the stop sign installation even though the intersectiOn does not meet warrants for same. It was moved ...... by Edgar, seconded by Prescott, to authorize stop sign installation at the intersection of Leafwood Drive/Loretta Drive on a six-month trial basis. CITY COUNCIL MINUTES Pa9e 6, 1-18-88 Council/staff discussion followed. The motion carried 5-0. 94 , 4. AWARD OF CONTRACT FOR TRAFFIC SIGNAL. IMPROVEMENTS, FED£RAL PROJECT NO. ItES- O00SA (241) Bids were opened .on January 7, 1988, with the low..~bid 9.8% over the Engineer's estimate of $118,200. As requested by the City Manager, it was moved by Hoesterey, sec- onded b~, Edgar, to continue consideratiofl of subject item to the February 1, 1988, meeting. Carried 5-0. 94 5. AWARD OF CONTRACT FOR SAN JUAN STREET STORM DRAIN & FRONTIER PARK DRAINAGE IMPROVEMENT Bids were opened on January 12, 1988, as follows: Gosh Construction, Los Angeles- R & L Sewers, Par. amount Spear Pipeline, Orange Forster Construction, Anaheim Vicco Construction, La Verne John T. Malloy, Los Angel es Andrew Papac &'Sons, South E1 Monte Wilson's Equipment Rentals, Ontario $ 02,0 .o0 $103,546.55 $105,000.10 $110,606.75 $114,650.00 $125,001.50 $125,658.00 $138,467. O0 The low bid is 7.9% over the Engineer's estimate of $94,500. It was moved b~, Kennedy, seconded by Hoesterey, to award the con- tract to Gosh Construction Corp., Los Angeles, in the amount of $102,011 for subject project; and approve an additional appropria- t'ion of $22,~00 from the General Fund as recommended in the inter- com dated January 12, 1988, prepared by the Public Works Depart- ment/Engineering Division. The motion carried 5-0. 91 - 6. COUNTY GROWTH CONTROL' INITIATIVE Subject report was requested by Mayor Pro Tem Kennedy. Mayor Pro Tem Kennedy led discussion on subject matter. She pre- sented her evaluation of what she has seen in Tustin and surround- ing areas during the last ten years, stating that Tustin has grown and developed at a high level of responsibility and concern for its residents and neighbor cities. The East Tustin Plan, when com- pleted, will practically average four units per acre, as originally approved. She complimented the City, staff, and the City Council on this achievement. She noted, however, that neighboring cities and unincorporated areas have not been as conscientious, pointing out high-rise, high density developments, with no road or infrastructure improvements. · She closed by stating that she will not lead a sloW growth initia- tive for Tustin because she is very proud of what the City has done for 10 years. Councilman Kelly stated he is personally opposed to the slow growth intiative. However, he felt proponents would be successful in obtaining voter approval. Councilman Hoesterey concurred with Mayor Pro Tem Kennedy that Tustin has grown in a responsible manner. Regionally, he felt there are transportation issues/problems that must be addressed. He felt a no growth initiative, in the long run, would have far greater ramifications than a responsible growth initiative. He hoped the actions that have been started will continue. Councilman Prescott stated he is personally against the initia- tive. He concurred with Mayor Pro Tem Kennedy that Tustin has a long, illustrious history of responsible development, unlike the rest of the county. He thanked those responsible for bringing the intiative forward and making citizens think about what is happening in the county. CITY COUNCIL MINUTES Page 7, 1-18-88 Mayor Edgar stated he is personally against the initiative and thinks it-is a simplistic approach to growth. -He stated that the ultimate answer is responsible grov/ch, which Tustin has had and will continue to have because the Council cares and is alert to its pitfalls. .= .., Gregory Hile, 14172 Paseo Corto, Tustin, initiJtive author, com- mented that the City of Tustin has hopefully already met the terms of the initiative, and it will provide enforcement mechanism for future Councils. Mr. Hile responded to Council questions. There was no formal Council action on the matter. 67 %I. REPORTS 1. PLANNING COI~tISSION ACTION AGENDA - JANUARY 11, 1988 All actions of the Planning ~ommission become final unless appealed by the City Coudcil or member of the public. Mayor Pro Tem Kennedy noted the amount of review that Vesting Tentative Tract Map 13274 received at staff and Planning Commission levels, that the color themes have been approved in a panel which will vary from brilliant to soft, and that staff will monitor same very carefully. Council members expressed excitement with the project. It was moved b~, Hoestere~v, seconded by Prescott, to ratify the entire Planning Commission Action Agenda of January 11, 1988. Car- ri ed 5-0. ---gO 2. REPORT ON LEFT-TURN PHASE STUDY FOR WALNUT AVENUE AT CHERRYWOOD LANE Results of an engineering study for subject intersection conducted at Council's request. As recommended in the inter-com dated January 12, 1988, prepared by the Public Works Department/Engineering Division, it was moved bi/ Kennedj/, seconded bi/ Hoesterey, to authorize installation of exclu- sive l~'fi~'-turn phase for' Walnut Avenue and Cherrywood Lane . The Director of Public Works added that once the exact cost for signalization is determined (approximately $6,000-$7,000), staff will request Council approval of a supplemental appropriation for same. The motion carried 5-0. 94 OTHER BUSINESS 1. PROCLAMATION FOR TUSTIN LIONS CLUB - 40TH ANNIVERSARY Councilman Hoesterey requested a proclamation in celebration of the Lions Club 40th Anniversary. Council concurred to present same at the February I meeting. 84 2. REPLACEMENT OF CIVIC CENTER PINE TREE AS COI~IUNITY PROJECT Councilman Hoesterey suggested that a._community project could be to request service groups to assist in replacing the large pine tree which was used in the Tree Lighting Ceremony in the Civic Cen- ter. This could be a way of building community pride, and involv- ing more people in the holiday celebrations. 38 3. JOINT CITY COUNCIL/PLANNING COIVI4ISSION WORKSHOP Council concurred with Councilman Prescott that it is appropriate to meet again with the Planning Commission. Subject meeting is to be scheduled at a later date. 80 CITY COUNCIL MINUTES Page 8, 1-18-88 -- 4. CITY ENTRANCE SIGN PROGRAM Councilman Presdott reqOested an updat6 on the City's entrance sign prog ram. 93 5. SAN DIEGO PIPELINE PROJECT Councilman Prescott suggested that during installation of the San Diego Pipeline, that signs be'installed on. Irvine Boulevard at New- port Avenue to inform citizens of. impending major construction. 93 6. LEFT-TURN MOVEMENT FROM SOUTHBOUND PROSPECT TO EASTBOUND FIRST Councilman Prescott requested that the Director of Public Works review the possibility of installing signs which read, "Left-turn, Yield on Green" at the intersection of Prospect and First Street. Motorists proceeding straight.through on Prospect, crossing First Street, must watch for vehicles turning left in front of them who think they have the right of way. Following Council discussion, the Director of Public Works reported that subject signs do not require a warrant study. They can be installed at staff's judgment. He stated that staff will inventory all intersections that do not have a protected left-turn phase and evaluate whether additional signing should be installed, and then report back to Council. He added that the cost would be minimal, and most of the work could be done in-house. 94 7. INFORMATIONAL SIGNS ON MAIN & BRYAN Mayor Edgar acknowledged the sign at the corner of Bryan & Main for westbound traffic as being valuable. However, he felt that an additional sign for eastbound motorists is desirable to inform them that passing the gentle curve in the street, they're -leaving Main Street and continuing on Bryan. 93 8. EL TORO AIR BASE - OPPOSITION TO JOINT USE The Mayor expressed grave concern that an FAA study has been initi- ated for joint use of the E1 Toro air base for commercial flights. He ,felt it appropriate to reiterate Council's viewpoint that such .use would have devastating impact on Tustin. Council concurred that the Mayor issue a statement to the appropriate individuals and agencies that Tustin has been and will continue to be vehemently opposed to joint use of the E1 Toro air base. 101 9. IRVINE RANCH WATER DISTRICT (IRWD) RATE STUDY The City Manager assured l~he Mayor that staff will agendize for Council action the IRWD rate study. 107 XIII. CLOSED SESSION The Mayor announced that the City Council will recess to Closed Session to consider personnel matters pursuant to Government Code Section 54957. XIV. RECESS - REDEVELOPMENT; CLOSED SESSION - ADJOURNMENT At 8:54 p.m., it was moved by Hoesterley, seconded by Edgar, to recess to the Redevelopment Agency, and thence to a Closed Session to consider personnel matters pursuant to Government Code Section 54957; and thence adjourn to the next regular meeting on Monday, February 1, 1988, at 7:00 p.m. Carried 5-0. MAYOR CITY CLERK