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HomeMy WebLinkAboutMinutes of Spec. Mtg. 6-29-87HI#UTES OF A SPECIAL F[ETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNXA JUNE 29, 1987 II. CALL TO ORDER The meeting was called to order by Mayor Pro Tem Kennedy at 8:00 p.m. in the City Council Chambers, 300 Centennial Way. ROLL CALL Councilpersons Present: Councilpersons Absent: Others Present: Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott Richard B. Edgar, Mayor William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Approximately 6 in the Audience III. RECESS - CLOSED SESSION - RECONVENED IV. Ye Mayor Pro Tem Kennedy announced that the City Council will recess to a Closed Session pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Tustin Unified School District vs. Tustin, et. a.1. At 8:01 p.m., it was moved by Hoesterey, seconded by Kelly, to recess to a Closed Session pursuant to Government Code Section 54956.9(a). Carried 4-0, Edgar absent. The meeting was reconvened at 8:29 p.m. with Mayor Edgar absent. OLD BUSINESS 1. FINAL TRACT MRP NO. 12763 AND AGREEMENTS PROPOSED IN CONNECTION THEREWITH (EAST TUSTIN SPECIFIC PLAN, SECTORS 10 & 11) It was moved by Hoesterey, seconded by Prescott, that the Site Reservation Agreement by and between the City of Tustin and The 1trine Company relative to Tract 12763 be approved; and the Mayor Pro Tem and City Clerk be authorized and directed to execute, deliver, and record the same, provided that the Tustin Unified School District has not executed and delivered to the City Clerk by 7:00 a.m. Tuesday, June 30, 1987, the 40-acre East Tustin High School Site Reservation Agreement as approved by the City Council at its meeting of June 22, 1987, and authorize appropriate refer- ence thereto on the Final ~ap prior to recordation. The motion carried 4-0, Edgar absent, gg 45; 87-3O OTHER BUSINESS Councilman KellY relayed complaints regarding the current slurry seal project. The City Manager stated that the Director of Public Works would explain the difference in the slurry seal process and the asphalt overlay process at the July 6 meeting. 95 VI. AIk)OURNMENT At 8:33 p.m., it was moved by Prescott, seconded by Kelly, to adjourn to the next regular meeting on July 6, 1987. Carried .14-0, Edgar absent. CITY CLERK MAYOR HI#UTES OF All ADJOURNED REGULAJ~ I~EETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA JUNE 22, 1987 II. CALL TI) OROER/PLEI)GE OF AJ-LEGIANCE/INVOCATION The meeting was called to order by Mayor Edgar at 6:30 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Mayor Edgar, and the Invocation was given by Mayor Edgar. ROLL CALL Councilpersons Present: Councilpersons Absent: Others Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott None William A. Nuston, 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 A. White, Com. & Admin. Srvcs. Dir. Suzanne Atkins, Deputy City Attorney Approximately 60 in the Audience RECESS - CLOSED SESSION - RECONVENED The Mayor announced that the City Council will recess to a Closed Ses- sion pursuant to Government Code Section 54956.9(a) to confer with the. City Attorney regarding pending litigation which has been initiated formally and to v/nich the City is a party. The title of the litigation is Tustin Unified School District vs. Tustin, et. al. At 6:31 p.m., the Council recessed to a Closed Session pursuant to Government Code Section 54956.9(a) by unanimous informal consent.' The meeting was reconvened at 7:16 p.m. with all Councilmembers present. III. PUBLIC INPIFF Joseph Herzig, 1751 Rainbow Drive, was requested to defer his comments on Annexations No. 139 and No. 140 when Council would consider same under Old Business. He was also informed that others would be per- mitted to comment within reason. IV. CONSENT CALENDA. R The Mayor announced that Council would consider each Consent Calendar item separately. 1. FINAL Tl~Jkgr~T I~J~P 12763 - RESOLUTION NO. 87-64 (Continued from June 15, 1987) The Mayor stated that a critical item of subject resolution is a site reservation agreement. As of this afternoon the City has had dialog with the Tustin Unified School District. He read modifica- tions to Exhibit "C" of the final draft agreement for the record as follows: Page 3, Paragraph 2, will read - "Use of Property. City and Dis- tri.ct, as the case may be, hereby covenant and agree to use the property for the duration of these CC&R's exclusively for public park purposes as more specifically delineated in Section 3 below which uses shall be planned in a compatible and cooperative manner by City and District in accordance with the provisions of these CC&R's." (The balance of the paragraph has been deleted.) CITY COUNCIL MINUTES Page 2, 6-22-87 VI. Paragraph 3A, last sentence, will read - "Provided however, that after recordation of the termination notice, Parcel A may be used for recreational purposes other than as specified above upon mutual agreement by City and District." (A few words have been deleted.) Paragraph 38 has been deleted. It was moved by Edgar, seconded b~ Kelly, to approve the site reservation agreement between the Tustin Unified School District and the City as modified; and authorize the Mayor and City Clerk to execute same. Carried 5-0. .45 '87-29 It was then moved by Hoesterey, seconded by Kelly, to adopt the -following: RESOLUTION NO. 87-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING FINAL TRACT MAP 12763 (Sectors 10 & 11, East Tustin Specific Plan) The motion carried 5-0. AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF ASSESS- ~ENT DISTRICT 85-1 IMPROVE)lENTS ON 1USTIN RANCH ROAD AND lCfFORD ROAD - RESOLUTION NO. 87-67 (Continued from June 15, 1987) This project provides for the construction of street and utility improvements on Tustin Ranch Road and Myford Road between Bryan Avenue and Irvine Boulevard. It was moved by Hoesterey, seconded by Kelly, to adopt the follow- ing: RESOLUTION NO. 87-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ASSESSMENT DISTRICT 85-1 IMPROVEMENTS ON TUSTIN RANCH ROAD AND MYFORD ROAD AND AUTHORIZING ADVERTISEMENT FOR BIDS Carried 5-0. 25 3. ENERGENCY WATER I~IN REPLACEMENT - RESOLUTION NO. 87-74 The proposed area of work is located on Hewes Avenue between Fair- haven and a point approximately 900 feet southerly of Fairhaven. The project involves installation of 900+ lineal feet of new lO-inch water main to replace deteriorated pipeline at a shallow depth which has experienced numerous leaks. It was moved by Hoesterey, seconded by Kelly, to adopt the follow- ing: RESOLUTION NO. 87-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, DECLARING THAT PUBLIC INTER- EST AND NECESSITY DEMANDS IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE AND HEALTH The motion carried 5-0. ORDINANCES FOR INTRODUCTION 107 None. ORDINANCES FOR ADOPTION None. VII. OLD BUSINESS 1. ANNEXATION NO. 139 - EVENINGSIDE/RAINBOW ANNEXATION; RES. NO. 87-71 & 2. ANNEXATION NO. 140 - LA COLINA/BROWNING ANNEXATION; RES. NO. 87-72 Mayor Edgar invited persons wishing to speak on subject matters to come forward. CITY COUNCIL MINUTES Page 3, 6-22-87 Joseph Herzig, 1751 Rainbow Drive, requested that a letter dated June 22, 1987, from Rutan & Tucker (law firm representing annexa- tion opponents) which was de).ivered to the City Clerk this date, be entered into the record. The City Attorney responded to Mr. Herzig that he would provide him with a copy of the list of protest signatures which the Registrar of Voters certified "sufficient." Mr. Herzig sPOke adamantly in opposition to the City Attorney's recommendation ~that the Council find less than 50% but more than 25% protests were filed. Speakers adamantly opposed were: James Wilson, 12542 Charloma Drive Tomm~a Cosco, 12742 Red Hill Chad Ohanion, 12552 Kenwood Lane Guido Vinehart, 15552 Windsor Lane Arnold Kluender, 12901 Eveningside Drive, spoke in favor of setting the matter for special election in November. Russell Abbott, 12540 Wedgwood Circle, spoke in favor of setting the matter for special election in November. He requested that NTMAC work with the City and County on preparing a factual informa- tion sheet for annexation area residents. Additional speakers in opposition were: J. C. Brandt, 1532 Windsor Lane Ralph Alexander, 12621 Red Hill There were no other speakers on subject matters. As recommended in the inter-com dated June 16, 1987, prepared by the City Attorney, it was moved by Edgar, seconded by Kelly, that the City Council find that less than a majority but more than a 25% protest has been filed, confirm the annexation, subject to approval of the registered voters residing within the annexation territory and set the matter for a special election by the adoption of the following resolution: RESOLUTION NO. 87-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING EVENINGSIDE RAINBOW ANNEXATION NO. 139 SUBJECT TO CONFIRMATION OF THE VOTERS, CALLING AND GIVING NOTICE OF A SPECIAL ANNEXATION ELECTION FOR EVENINGSIDE-RAINBOW ANNEXATION NO. 139 TO THE CITY OF TUSTIN TO BE HELD IN TERRITORY PROPOSED FOR ANNEXATION ON TUESDAY, THE 3RD OF NOVEMBER, 1987, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO THE CALL AND CONDUCT OF SUCH SPECIAL ELECTION AND PRO- VIDING FOR THE FILING OF ARGUMENTS AND REBUTTAL ARGUMENTS Councilman Hoesterey reiterated his belief that petitions dated prior to May 9, 1987, should be valid. He stated that the situ- ation was more the City's responsibility than that of the annexa- tion area residents. Therefore, it would be found that more than 50% protests are valid, and the annexation would be terminated at this point in time. Councilman Prescott was supportive of the motion. Mayor Pro Tem Kennedy stated that she was not it all persuaded by speakers against the City. She did find it very persuasive that the City made the error upon which the confusion 'rests. She was grateful to County residents who are pro-City. Because the publi- cation error was the City's, she could not support .the motion. Mayor Edgar was informed by the City Attorney that the District Attorney's office would have authority to review the accuracy of arguments pro and con to a city measure. CITY COUNCIL MINUTES Page 4, 6-22-87 Mayor Edgar saw merit in having professional, legal counsel on retainer who is very familiar with campaign fraud and literature to guarantee that if something improper occurs, appropriate action can be taken. Councilman Kelly voiced his views on annexation and spoke in sup- port of the motion. The motion carried 3-2, Hoest~rey and Kennedy opposed. 24 It was moved by Edgar, seconded by Kelly, that the City Council find that less than a majority but more than a 25% protest has been filed, confirm the annexation, subject to approval of the regis- tered voters residing within the annexation territory and set the matter for a special election by the adoption of the following resolution: RESOLUTION NO. 87-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING LA COLINA-BROWNING ANNEXATION NO. 140 SUBJECT TO CONFIRMATION OF THE VOTERS, CALLING AND GIVING NOTICE OF A SPECIAL ANNEXATION ELECTION FOR LA COLINA-BROWNING ANNEXATION NO. 140 TO THE CITY OF TUSTIN TO BE HELD IN TERRITORY PROPOSED FOR ANNEXATION ON TUESDAY, THE 3RD OF NOVEMBER, 1987, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO THE CALL AND CONDUCT OF SUCH SPECIAL ELECTION AND PRO- VIDING FOR THE FILING OF ARGUMENTS AND REBUTTAL ARGUMENTS The motion carried 13-2, Hoesterey and Kennedy opposed. 24 Mayor Edgar requested that staff agendize for the July 6, 1987, meeting the hiring of an elections attorney to guarantee that the annexation elections are conducted fairly. 24 VIII. NEW BUSINESS 1. APPOINTMENT OF JA~4ES HAYES TO THEAVIATION NOISE ABATEMENT COlt~ITTEE It was moved by Kennedy, seconded by Edgar, to appoint James Hayes to the Aviation Noise Abatement Committee, to replace Donald Belveal who recently resigned. Carried 5-0. 101 IX. REPORTS None. Xe OTHER BUSINESS None. XI. AO,)OURNMENT At 8:09 p.m., it was moved by Edgar, seconded by Kelly, to adjourn to the next regular meeting on Monday, July 6, 1987, at 7:00 p.m. Motion carried 5-0. MAYOR CITY CLERK HINlF~ES OF A REGULAR ~ETING OF ll~E CITY ~OUNCIL OF THE CITY OF TUSTIN, CALIFORNIA JUNE 15, 1987 CALL ll) ORDER/PLEDGE OF ~LLEGIAJ~CE/INVOCATION The meeting was called to order by Mayor Edgar at 7:02 p.m.' in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Prescott, and the Invocation was given by Mayor Edgar. II. ROLL CALL Councilpersons Present Council persons Absent: Others Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott None 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 Ronald E. Wolford, Engineering Services Mgr. Suzanne Atkins, Deputy City Attorney Lloyd Dick, Building. Official Approximately 35 in the Audience III. PROCLAI~J%TIONS 1. BLENDLE SCOTT - RETIRED MAINTENANCE WORKER - 14 YEARS' SERVICE Mayor Edgar noted that subject proclamation would be presented at a later date. 2. ll)STIN HIGH SCHOOL GRAD NITE PARTY The Mayor read a proclamation designating Thursday evening, June 18, 1987, as "Grad Nite." The proclamation was accepted by Mary Chandler and other Tustin High School parents. 84 3. FOOll(ILL HIGH SCHOOL GRJ)I) NITE PARTY Mayor Edgar presented a proclamation to Tom and Linda Aufdemberg and other Foothill High School parents designating Thursday eve- ning, June 18, 1987, as "Grad Nite." ~ Mayor Pro Tem Kennedy noted that Council had been invited to both high schools' Grad Nite parties. She encouraged Council's atten- dance. RECESS - CLOSED SESSION - RECONVENED The Mayor announced that the City Council will recess to a Closed Ses- sion pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title'of the litigation is Tustin Unified School District vs. Tustin, et. a~. At 7:20 p.m., it was moved by Kennedy, seconded by Hoestere~, to recess to a Closed Session pursuant to Government Code Section 54956.9(a). Carried 5-0. The meeting was reconvened at 7:41 p.m. with all Councilmembers present. CITY COUNCIL MINUTES Page 2, 6-15-87 IV. PUBLIC HEAJ~ING VI. 1. TUSTIN LANDSCAJ~E & LIGHTING DISTRICT The Irvine Company has requested postponement of annexation to sub- ject district of parcels north of Irvine Boulevard until after July 1, 1988, due to a change in their development schedule. Dele- tion of 16 parcels necessitates revision of the Engineer's Report, which will be completed for the July 6 meeting. The Engineering Services Manager presented the staff report and recommendation as contained in the inter-com dated June 9, 1987. Mayor Edgar opened the public hearing at 7:44 p.m. There were no speakers on the matter. It was moved by Hoesterey, seconded by Kennedy, to continue the. open public hearing to July 6, 1987, at 7:00 p.m. Carried 5-0. Council discussion followed. It was moved by Edgar, seconded by Kennedy, to direct'staff, with BSI Consultants, to revise the Engineer s Report based on with- drawal from annexation to the district of The Irvine Company lands north of Irvine Boulevard, and to include computations on the equity of assessments levied. The motion carried 5-0. 63 PUBLIC INPUT 1. ANNEXATIONS NO. 139 & NO. 140 Joseph Herzig, 1751 Rainbow Drive, was informed that subject mat- ters were agendized items and he would be permitted to speak at the time of consideration of same. (See Old Business Items No. I and 2, Page 5 of these Minutes.) 2. REQUEST FOR REMOVAL OF AGENDA ITEM FROM CONSENT CALENDAR Charles Scolastico, attorney with the law firm of Parker and Covert, 1901 E. Fourth Street, Santa Ana, requested that Consent Calendar Item No. 3 be removed for separate discussion. 3. coLuI~US llJSTIN PARK Jim Plescett, 17731 Miller, requested that the parking lot entrances at Columbus Tustin Park be chained off at closing time. This would eliminate drag racing in the lot and provide area resi- dents with relief from noise pollution. The matter was referred to staff for review and recommendation. 77 CONSENT CALENDAR Item 1 was removed from the Consent Calendar by Prescott, Items 3 and 9 by Edgar, and Item 2 by Kelly. It was moved by Kennedy, seconded by Edgar, to approve the remainder of the Consent Calendar. CIl~ OF TUSTIN INVESTMENT POLICY Receive and file the Statement of Investment Policy as drafted by ~the Director of Finance attached to the inter-com dated June 9, 1987. 50 PURCHASE OF NEW CHIPPER TRUCK FOR TREE DIVISION' Authorize the purchase of a chipper truck for the Tree Division in the amount of $32,799.96 from Jim Click Ford as recommended by the Public Works Department/Field Services Division. 87 PURCHASE OF A ONE-TON TRUCK FOR WATER DIEPARTFJEffT Authorize the purchase of a one-ton truck with utility bed for the Water Department from Sunset Ford in the amount of $16,672.94 as recommended by the Public Works Department/Field Services Division. 87 CITY COUNCIL MINUTES Page 3, 6-15-87 e PURC~I~E OF DODGE DAaCOTA PICKUP ll~UCK FOR PARKS DIVISION Authorize purchase of a Dodge Dakota Pickup Truck for the Parks Department in the amount of $11,289 from Dodge Central as recommended by the Public Works Department/Field Services Divi- sion. 87 RESOLUTION NO. 87-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR ~LATER MAIN REPLACEMENTS AND AUTHORIZING ADVERTISEMENT FOR BIDS (SECOND ST., THIRD ST., bLASS ST., ELIZABETH WAY, AND IRVINE BLVD.) Adopt Resolution No. 87-66 as recommended by the Public Works Department/Engineering Division. 107 10. EXTENSION OF CONTRACT Will( MISSION UNIFORM Approve a one,year contract extension with Mission Uniform to expire April 29, 1990, for maintenance and water crew uniforms as recommended by the Public Works Department/Field Services Division. 45 87-27 11. CITY OF llJSTIN LIGHTING DISTRICT Authorize the Mayor and City Clerk to execute contracts with the Southern California Edison Company as follows: Street Lighting Service Utility-Owned System Schedule No. LS-1; and Street Lighting Service Customer-Owned System Schedule No.'s LS-2, LS-3 and Optional Schedule No. LS-4 as recommended by the Public Works Department/Engineering Division. 45 87-28 12. RESOLEF~ION NOt 87-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATION FOR EXTE- RIOR PAINTING AT THE CITY OF TUSTIN MAINTENANCE YARD Adopt Resolution No. 87-69 as recommended by the Public Works Department/Field Services Division. 86 13. AIFFHORI7_ATION ll) CONTINUE OPERATION FOR FISCAL YEAR 1987-88 Approve Minute Order to authorize the City Manager to continue fiscal operations for 1987-88 at an appropriation level not to exceed that of 1986-87 until such time as the budget process can be completed as recommended by the Finance Department. 29 Consent Calendar Item No. i - Minutes of the Adjourned Regular Meeting on May 26, 1987 - Councilman Prescott requested an amendment to delete Jay Peterson from the list of speakers in opposition to proposed Annexation No. 140. It was moved by Kennedy, seconded by Prescott, to approve the follow- ing with the amendment to the May 26 Minutes as noted above: APPROV~ OF MINUTES - MAY 26, 1987, ADJOURNED REGULAR MEETING JUNE 1, 1987, REGULAR MEETING JUNE 4, lg87, SPECIAL MEETING Motion carried 5-0. Consent Calendar Item No. 2 - Affidavit of Demands - Councilman Kelly requested clarification on the listing of demands for May 31, 1987, Page 1, which shows an expenditure to DaviD's under annexation expenses. The City Manager reported that subject expense was for for- mer Mayor Donald J. Saltarelli's retirement dinner, which was offset bj those attending the event. He further stated tha~ staff will review why "Annexation Expenses" was indicated on the listing. It was moved by. Kelly, seconded by Edgar, approve the following: 2. APPROVAL OF DIE)ta, NI)S IN THE AMOUNT OF $752,403.01 RATIFICATION OF PAYROLL IN THE AMOUNT OF $158,046.84 The motion carried 5-0. 50 CITY COUNCIL MINUTES Page 4, 6-15-87 Consent Calendar Item No. 3 - Tract Map 12763 - Mayor Edgar stated that the City Attorney advised Council that the Tustin Unified School District {TUSD) filed action in court today against the City and The Irvine Company (TIC). Also, a hearing was held this afternoon in which the Orange County Superior Court denied TUSD's request that a restrain- ing order be issued against the City to prevent approval of Final Tract Map 12763 this evening. The Mayor noted that the City and TIC have been trying to meet with TUSD for the past six months to resolve the needs of all three parties. The Mayor expressed hfs willingness to defer approval of Tract 12763 and make one more effort at resolution of these matters. He requested that TIC agree to a one-week continuance in the belief and hope that with further review of the matter with TUSD and TIC a mutually satis- factory resolution can be achieved. He briefly reviewed the chronology of events that has occurred over the past year up to this evening. Mayor Edgar reviewed the City's proposal as contained in a letter dated June 5 which attempted to resolve the matter. He stated that TIC has begun concept plans for a joint-use facility at the City's request. Ne believed subject plans may help TUSD and the City come to terms on facilities in question, and a week's continuance would allow for review of those plans. He asked if TIC would consent to a week's continuance, noting they are not legally required to do SO. Brad Olsen, representing The Irvine Company, stated that they have been working for some period of time, as the Mayor already noted, with TUSD and the City attempting to arrive at a successful arrangement for joint use of the 50 acres in question. They have noted the costs being incurred by delays in failure to reach agreement, which are consider- able to TIC. Nevertheless, they are willing to work with both the City and TUSD for one additional week, no more than that, to arrive at an acceptable arrangement for joint development/use of that site. It was moved by Edgar, seconded by Kelly, to continue the following to June 22, 1987: RESOLUTION NO. 87-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING FINAL TRACT MAP 12763 (Sectors 10 & 11, East Tustin Specific Plan) Spencer Covert, attorney for TUSD, thanked the Council and TIC, and stated they will be working earnestly to arrive at an agreement. The motion carried 5-0. 99 Consent Calendar Item No. g - In accordance with Council action on the · preceding item, it was moved by Edgar, seconded by Kennedy, to continue the following to June 22, 1987: RESOLUTION NO. 87-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRDCTION OF ASSESSMENT DISTRICT 85-1 IMPROVEMENTS ON TUSTIN RANCH ROAD AND MYFORD ROAD AND AUTHORIZING ADVERTISEMENT FOR BIDS Motion carried 5-0. 25 VII. ORDINANCES FOR INTRODUCTION Hone. VIII. ORDINANCES FOR ADOPTION None. CITY COUNCIL MINUTES Page 5, 6-15-87 IX. Xo OLD NEW 1. BUSINESS ANNEXATION NO. 139 - EVENINGSIOE/RAINBOW ANNEXJ~TION ANNEXATION NO. 140 : LA COLINA/BROWNING ANNEXATION On the basis that the City Attorney has not completed certification of the value of written protests, it was moved by Edgar, seconded by Prescott, to continue subject items to June 22, 1987. Joseph Herzig, 1751 Rainbow Drive, questioned if and when the Registrar of Voter's letter to the City Clerk dated June 3, 1987, would be made public. The City Attorney responded that subject information would be made public at the time to which subject items are continued. Mr. Herzig cited instances where he believed a lack of response by the City and an unwillingness to disclose information was not eth- ical. He stated that there are people who will consider litigation if they feel the proceedings have been dishonest. The motion carried 5-0. 24 BUSINESS ANARO OF CONTRACT - MANUFACTURE & DELIVERY OF REINFORCED CONCRETE PIPE FOR llJSTIN RANCH PROJECT, ASSESSMENT DISTRICT NO. 85-1 Bid opening for subject project was held on June 2, 1987, with bid submittals as follows: Hydro Conduit Corp., Corona Ameron, Inc., Monterey Park United Concrete Pipe, Baldwin Park Amount $703,435.25 $768,522.53 $801,370.92 Delivery Time 70 - 112 Days 98 - 133 Days 49 - 74 Days The low'bid is 7.8% over the engineer's estimate of $652,761.00. As recommended in the inter-com dated June 9, 1987, prepared by the Public Works Department/Engineering Division, it was moved by Kennedy, seconded by Kelly, to award the contract to Hydro Conduit Corporation, Corona, in the amount of $703,435.25 for subject proj- ect. The motion carried 5-0.~ 25 AWARD OF CONTRACT - RECONSTRUCTION OF I~IN STREET FROM 'C" STREET TO PACIFIC STREET (OCUI-[ PROJECT PHASES I AND II) - RESOLUTION NO. 87-68 Bid opening for subject project was held on June 9, 1987, with bid submittals as follows: Sully Miller, Orange Griffith Company, Santa Ana McGrew Company, Anaheim Blair Paving, Anaheim R. J. Noble, Orange The low bid $268,368.24 $272,853.10 $288,719.26 $301,396.53 $343,117.00 is 28% below the engineer's estimate of $374,970.00. Pursuant to the recommendation contained in the inter-com dated June 9, 1987, prepared by the Public Works Department/Engineering Division, it was moved by Hoes%ere~, seconded by Kennedy, to award the contract to Sully Miller Contracting Company, Drange, in the amount of $268,368.24 for subject project; and adopt the following: RESOLUTION NO. 87-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOR MAIN STREET BETWEEN "C" STREET AND PACIFIC STREET The motion carried 5-0. 95 CITY COUNCIL MINUTES Page 6, 6-15-87 XIo e LEGISLATIVE PROGRAM - FOOTHILL AND EASTERN TRANSPORTATION CORRIDOR AGENCY - RESOLUTION NO. 87-65 Mayor Edgar requested Council support the Transportation Corridor Agency legislative program. Following consideration of the-inter-com dated June 15, 1987, pre- pared by the City Manager, it was moved by Edgar, seconded by · Hoestere~, to adopt the following: RESOLUTION NO. 87-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING 1987 LEGISLATIVE PROGRAM OF THE FOOTHILL AND EASTERN TRANSPORTATION JOINT POWERS AGENCY Councilman Kelly Stated he could not support a concept that con- stitutes creating new government agencies. He felt that if repre- sentatives at existing government agencies are not effective, it is time for new leadership in these roles. Council discussion followed. Mayor Edgar clarified that the legis- lative program does not create new government agencies, it merely enables the JPA to accomplish its objectives. Councilman Hoesterey added that the JPA was established to finance new roads by having a mechanism to go after Federal .and State funds, and also to levy "an assessment" on those adding to the problem through developer fees. He noted that if there is a flaw in the program, it is that assessments on development were not made county-wide, since the Eastern Corridor will provide relief and service to the entire County. Mayor Pro Tem Kennedy concurred. The motion carried 4-1, Kelly opposed. lO0 REPORTS 1. PLANNING COR~ISSION ACTION AGENDA - JUNE 8, 1987 Mayor Pro Tem Kennedy commended the Community Development Depart- ment on the excellence of the Summary of Results of Residential Sign Code Survey (Planning Commission Agenda of June 8, Old Busi- ness Item No. 6). It was moved by Kennedy, seconded by Kelly, to ratify the entire Planning Commission Action Agenda of June 8, 1987. The motion car- ried 5-0. 80 2. INVESTMENT SCHEDULE AS OF I~Y 31, 1987 It was moved by. kennedy, seconded by Prescott, to receive and file subject report dated May 31, 1987, prepared by the Finance Depart- ment. Carried 5-0. 50 XII. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Attorney requested a Closed Session litigation. 2. CROSSWALK ON 17TH STREET regarding pending Councilman Kelly reported that several residenjCs of the Treehaven Condominiums behind Coco's on 17th Street have complained that the marked crosswalk has not been repainted since the resurfacing proj- ect. Subject crosswalk extends from Coco's to Constitution Savings on 17th Street. 46 GRAFFITI REMOVAL Mayor Pro Tem Kennedy restated Council's commitment to graffiti removal. The City Manager reported that the City does have an ongoing program for graffiti removal on a contract basis. 86 CITY COUNCIL MINUTES Page 7, 6-15-87 XIII. JOINT MEETING WITH PLANNING COIf4ISSION Mayor Pro Tem Kennedy noted the Planning Commission's request for a joint meeting with Council as reported in The Tustin News. The Mayor referred the matter to staff to coordinate ~ame. 80 5. LA COLINA DRIVE in consideration of recent dialog on La Colina, Mayor Edgar reiter- ated that City jurisdiction over La Colina extends from future Tustin Ranch Road to existing City limits with a residential col- lector designation. It is the City's understanding that La Colina's designation from City limits to Browning is also a resi- dential collector. However, between Browning and Newport, La Colina is completely within the County and presently designated as an arterial. This has been a matter of controversy with North Tustin residents, particularly those within the annexation areas, becauses it causes apprehension and concern that it will potentially result in widen, lng and increased traffic on La Colina. Therefore, the Mayor suggested Tustin petition the County to delete La Colina, between Browning and Newport, from its arterial plan. This would demonstrate Council's good faith and concern that La Colina not become a heavily traveled artery. Partial justification for deleting La Colina is identifying traffic counts that presently do not warrant extreme widening and development of the road. If the County is unwilling to do so, it would clearly demonstrate to the community where the City and County stand. It was moved by Edgar, seconded by Prescott, to direct staff to initiate an analysis of what the~City can legally do to request a change in designation of La Colina within the County's jurisdic- tion, identifying the facts for doing so. The motion carried 5-0. 95 6. AVIATION NOISE ABATEMENT COI~411-FEE Council concurred to agendize the matter of appointing a citizen representative to the AviatiOn Noise Abatement Committee, to replace Donald Belveal who recently resigned. The Mayor remarked that Mr. Jim Hayes has expressed interest in serving on subject committee. 101 7. TRII~qING OF TREES ON LORETTA DRIVE Mayor Edgar reported that he has received complaints from his neighbors that the trees on Loretta Drive have not been trimmed. 86.1 8. ADJOURNED REGULAR MEETING SCHEDULED FOR JUNE 22, 1987 Council concurred to schedule an Adjourned Regular Meeting June 22, 1987, at 6:30 p.m. RECESS - REDEVELOPMENT; CLOSED SESSION - ADJOURNMENT on At 8:33 p.m., it was moved by Edgar, seconded by Hoesterey, to adjourn to a Closed Session pursuant to Government Code Section 54956.9(a) to confer wth the City Attorney regarding pending litigation which has been initiated formally and to which the City is a party. Identifica- tion of such litigation would jeopardize the City's ability to conclude existing settlement negotiations to its advantage. Motion carried 5-0. CITY CLERK MAYOR