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HomeMy WebLinkAboutCC MINUTES 1996 03 18MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MARCH 18, 1996 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Potts at 7:00 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Saltarelli. INVOCATION The Invocation was given by Pastor Dane Counts. ROLL CALL Council Present: Jim Potts, Mayor Tracy A. Worley, Mayor Pro Tem Mike Doyle Thomas R. Saltarelli Jeffery M. Thomas Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George Jeffries, City Treasurer Elizabeth Binsack, Director of Com. Development W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Mike Henley, Director of Community Services Dana Kasdan, Engineering Services Manager Valerie Crabill, Chief Deputy City Clerk Rita Westfield, Asst. Dir./Com. Development Approximately 25 in the audience PROCLAMATION COLONEL HAMMERLE, MARINE CORPS AIR STATION TUSTIN Mayor Potts read and presented a proclamation to Colonel Hammerle honoring his service at Marine Corps Air Station, Tustin; his work in the community; and his pending retirement. Colonel Hammerle thanked his staff and City staff for their support; stated that he had enjoyed his service in Tustin; and thanked Council for the recognition. PUBLIC INPUT ADJOURNMENT IN MEMORY OF BILL MOSES AND KEVIN HOESTEREY Helen Edgar, Tustin, noted the recent deaths of Bill Moses, former Tustin News publisher, and Kevin Hoesterey, son of former Councilmember Ron Hoesterey, and requested adjournment in their memories. CITY OF TUSTIN WATER SERVICE Sara Penn, 14381 Rosewood Circle, Tustin, commented on the purchase history of the City of Tustin Water Service, sale of revenue bonds, bond debt, issuance of debt service surcharge, rate increases, and transfer of funds to the general operating fund; and questioned why rate increases were not used to retire bond debt and whether the City was using profits from the Water Service to fund shortfalls in the operating budget. Mayor Potts directed the Audit Committee and City Treasurer to investigate and provide a written response. William Huston, City Manager, responded that the Water Enterprise Fund did not subsidize General Fund operating deficits; General Fund transfers were transacted to pay overhead expenses on behalf of the Water Enterprise Fund; Water Enterprise Fund revenue was transferred to the Capital Fund; water rates were based on CITY COU14CIL MINUTES Page 2, 3-18-96 operating and capital costs; bond refinancing generated income for capital improvements; and bond sales were used for upgrading and maintaining the water system. Council/staff/speaker discussion followed regarding operating costs; amount of bond repayment; investment returns; bond issue and debt service interest; and refinancing of the 1983 bonds. FLAGS ON LA COLINA/TUSTIN RANCH FIRE STATION/TUSTIN RANCH LANDSCAPING MAINTENANCE/POLITICAL SIGNS David Thaler, 11850 North Riveria, Tustin, reported on flags hanging from trees on La Colina. Mayor Potts responded that area was located in the County and requested staff report the violation to the County. Mr. Thaler questioned if construction of a fire station was planned for Portola/Jamboree. William Huston, City Manager, responded that the Fire Authority was discussing the possibility of acquiring a site through the Peter's Canyon project; the project would be subject to an environmental review; and the plans were in preliminary discussions only. Council/speaker discussion followed regarding the subject site would eventually be annexed into the City of Irvine; present Fire Authority headquarters located in Orange; and the Fire Authority Board had not been presented with a proposed site. Mr. Thaler complained about the landscaping maintenance in the Tustin Ranch area. William Huston, City Manager, stated the City was preparing a public bid process for the project. Mr. Thaler asked if the number of political signs could be limited in the City. Mayor Potts responded that the Supreme Court had ruled the number of signs could not be restricted. MEASURE S - MARINE CORPS AIR STATION, EL TORO, CONVERSION TO COMMERCIAL AIRPORT Wendell Sawyer, 1132 White Sails Way, Corona Del Mar, spoke in opposition to Measure S. PUBLIC HEARING - None CONSENT CALENDAR (ITEMS 1 THROUGH 11) Item No. 8 was removed from the Consent Calendar by Councilmember Doyle. It was moved by Thomas, seconded by Saltarelli, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 1. (Removed from Agenda) 2. APPROVAL OF MINUTES - MARCH 4, 1996 REGULAR MEETING Recommendation: Approve the City Council Minutes of March 4, 1996. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $602,624.80 and ratify Payroll in the amount of $334,913.67. 4. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND THE RELEASE OF BONDS FOR TRACT NO. 13734 Recommendation: Accept all public improvements within Tract No. 13734 and authorize the release of the following bonds for the indicated amounts: Faithful Performance Bond No. 11127006408, $35,000.00; Labor and Materials Bond No. 111270063408, $17,500.00; CITY COUNCIL MI14UTES Page 3, 3-18-96 and Monumentation Bond No. 11127006408, $15,000.00 as recommended by the Public Works Department/Engineering Division. 5. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND THE RELEASE OF BONDS FOR TRACT NO. 13902 Recommendation: Accept all public improvements within Tract No. 13902 and authorize the release of the following bonds for the indicated amounts: Faithful Performance Bond No. 11127006309, $323,000.00; Labor and Materials Bond No. 11127006309, $161,500.00; and Monumentation Bond No. 11127006317, $10,800.00 as recommended by the Public Works Department/Engineering Division. 6. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND THE RELEASE OF BONDS FOR TRACT NO. 14499 Recommendation: Accept all public improvements within Tract No. 14499 and authorize the release of the following bonds for the indicated amounts: Faithful Performance Bond No. 11132991800, $33,272.50; Labor and Materials Bond No. 11132991800, $16,636.25; and Monumentation Bond No. 11132991818, $10,000.00 as recommended by the Public Works Department/Engineering Division. 7. AGREEMENT REGARDING RIDES AND CONCESSIONS AT TUSTIN TILLER DAYS Recommendation: Authorize the City Manager to execute an agreement with Hassett & Davis to operate rides and concessions at Tustin Tiller Days as recommended by the Community Services Department. 9. PLANNING COMMISSION ACTION AGENDA - MARCH 11, 1996 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of March 11, 1996. 10. STATUS OF MEDIAN ISLAND/PARKWAY BEAUTIFICATION AND DRAINAGE PROJECT AT STATE ROUTE 55/MCFADDEN AVENUE OFF -RAMP Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. 11. REJECTION OF CLAIM NO. 96-3 - CLAIMANT, JUNCTION TSENG Recommendation: Reject subject claim and direct the City Clerk to give proper notice of the rejection to the claimant and the claimant's attorney as recommended by the City Attorney. CONSENT CALENDAR ITEM NO. 8 - AWARD OF AGREEMENT FOR FOURTH OF JULY FIREWORKS Councilmember Doyle noted last year's dismal fireworks show and hoped the agreement with this year's contractor would provide a better show. It was moved by Doyle, seconded by Saltarelli, to direct the City Manager to execute an agreement for services with Fireworks & Stage FX America (Fireworks America) in the amount of $10,500.00 for the 1996 Fourth of July Celebration. Motion carried 5-0. REGULAR BUSINESS ( ITEMS 12 THROUGH 18 ) 12. ORDINANCE NO. 1165 - AMENDING TUSTIN CITY CODE TO DESIGNATE CINDY LANE AND LETTY LANE FOR PARKING BY PERMIT ONLY It was move(' by Doyle, seconded by Thomas, to have first reading by title only and introduction of Ordinance No. 1165. Motion carried 5-0. The City Clerk read the following Ordinance No. 1165 by title only: ORDINANCE NO. 1165 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 5331n TO DESIGNATE CINDY LANE AND LETTY LANE FOR PARKING BY PERMIT ONLY CITY COUNCIL MINUTES Page 4, 3-18-96 13. SUPPORT FOR MEASURE S Mayor Potts stated he supported Measure S because planning for future population and transportation impacts to the County was necessary; anticipated new businesses moving to the area; converting E1 Toro Marine Base to a ground transportation hub would be an asset to the County; location of a future international airport in Adelanto; anticipated jet noise over the City; and an airport would create area property devaluation. It was moved by Potts, seconded by Dovle, to adopt the following Resolution No. 96-23: RESOLUTION NO. 96-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING EFFORTS TO ADOPT THE RESPONSIBLE ECONOMIC DEVELOPMENT INITIATIVE (REDI), HEREINAFTER KNOWN AS MEASURE S, AN INITIATIVE TO AMEND THE ORANGE COUNTY GENERAL PLAN TO REPEAL MEASURE A AND DESIGNATE MARINE CORPS AIR STATION, EL TORO FOR THE HIGHEST AND BEST USE NOT LIMITED TO COMMERCIAL AIRCRAFT USES Councilmember Saltarelli stated his past opposition to Measure A; the complicated process of planning and environmental aspects of building an airport at E1 Toro Marine Base; residents should vote according to their independent judgement on Measure S not based on Council's support or opposition of the issue; and environmental concerns with future development of the base. Mayor Potts stated that it was difficult for residents to find the necessary time to study this issue; he supported Council taking a position on Measure S; and an airport at E1 Toro was not in the best interest of the County. Councilmember Doyle commented on anticipated jet noise over the City with construction of an El Toro airport; and he supported Measure S. Council discussion followed regarding the recent renovation of John Wayne Airport; and locating an international airport at Adelanto. Councilmember Thomas noted that local legislators did not want to take a position on Measure S; noise impact of a future airport on the community; flight paths over the City; the necessity of strong leaders and community involvement regarding future reuse of E1 Toro Marine Base; commented on the City exclusion from E1 Toro base reuse meetings; pledged to fight for residents if flight patterns were routed over Tustin; potential increased air traffic at John Wayne Airport; and South County seceding from Orange County. Motion carried 5-0. 14. REQUEST FOR REMOVAL OF U-TURN RESTRICTION AT JAMBOREE ROAD/IRVINE BOULEVARD Tim Serlet, Public Works Director, reported staff had investigated the feasibility of removing or restricting the U-turn movement at Jamboree Road and Irvine Boulevard. He stated that the subject intersection was part of the Orange County Congestion Management Plan requiring monitoring to insure traffic volume did not fall below the minimum criteria for level of service; if traffic volume fell below that level of service, the City may jeopardize Proposition 111 funding of approximately $300,000 a year. He explained the intersection's phasing overlap sequence; summarized the three alternatives and costs involved; and staff's recommendation of Alternative No. 1 as the safest and most efficient operation. It was moved by Thomas, seconded by Saltarelli, to reconfirm the existing U-turn restriction for northbound traffic at the intersection of Jamboree Road and Irvine Boulevard. CITY COUNCIL MINUTES Page 5, 3-18-96 Council/staff discussion followed regarding installation of a northbound U-turn at the intersection could cause eastbound right - turn stacking; and the Myford Road and Irvine Boulevard intersection currently had a U-turn. Mayor Potts stated he supported Alternative No. 3 because a U-turn would temporarily allow motorists to enter Jamboree Plaza; however, when the area of Jamboree Road and Culver Avenue was developed and traffic increased, the U-turn must be removed from the intersection. Council/staff discussion followed regarding the potential confusion to drivers of Alternative No. 3 specifying certain hours for U-turn movement; the current inconvenience to drivers attempting to enter the plaza; implementing Alternative No. 3 on a trial basis; and Alternative No. 1 was the most efficient operation of the signal. Councilmember Saltarelli stated his concern about the Jamboree Plaza merchants losing business because of driver inconvenience; the availability of a U-turn on Myford Road and Irvine Boulevard; and Alternative No. 3 could create a traffic hazard during the U- turn movement to vehicles turning right. Council/staff discussion followed regarding past traffic studies had included future area development; Alternative No. 3 could create dangerous traffic conditions; installation of a U-turn would be in conformance with design standards; implementation of Alternative No. 3 on a six-month trial basis; and removal of the U-turn if statistics revealed an increase in accidents at the subject intersection. Mayor Pro Tem Worley stated her support of Alternative No. 1 and that she believed Alternative No. 3 would create driver confusion. Councilmember Thomas said he would support Alternative No. 3 on a six-month trial basis; he frequently shopped in the plaza; noted the hard economic times and believed that Alternative No. 3 would assist the merchants by making entrance into the plaza easier for motorists; and stated that if accidents increased, the intersection be changed back to the existing U-turn restriction for northbound traffic. The following member of the audience spoke in favor of Alternative No. 2. Jerry Crowe, Tustin Ranch Shell Car Wash Council/speaker discussion followed regarding Alternative No. 2's cost which included future re -installation of the right -turn overlap feature; and Jamboree Plaza merchants assuming some costs of Alternative No. 2. Councilmember Saltarelli said he was opposed to Alternative No. 2 because it -vas restricted to non -peak hours and he believed it would not solve the problem; commented on possible driver confusion with implementation of Alternative No. 3; and stated his support of local businesses but not at the expense of creating a traffic hazard. As an amended motion, it was moved by Thomas, seconded by Potts, to approve Alternative No. 3 for a six-month trial period. Councilmember Doyle commented on the percentage of business in the plaza; a motorist would be aware of the plaza entrance after passing the driveway once; he supported Alternative No. 3 with a six-month trial period; and Alternative No. 1 was the most efficient recommendation considering future growth in the area. Council/staff/speaker discussion followed regarding business percentage projections; an entrance located in the middle of the shopping center; and Proposition 111 funding impact. CITY COUNCIL MINUTES Page 6, 3-18-96 Notion carried 3-2, Worley, Saltarelli opposed. 15. REQUEST TO INVESTIGATE THE GATING OF KENYON DRIVE Tim Serlet, Public Works Director, reported that gating Kenyon Drive would require restricting access to the street and converting it from a public to a private street. Mayor Potts commented on gated apartment complexes in the City; gating provided additional security; vehicle thefts and burglary were high in the City because of the number of cars parked on the streets; Minnie Street located in Santa Ana had been gated; conducting an owner survey to ascertain whether the owners would assume maintenance costs if Kenyon Drive was changed to a private street; gating would increase property value; and commented on the loitering problem on Kenyon Drive and its negative affect on new residential developments in the area. Council discussion followed regarding the property owners would be required to maintain the streets and that the costs would be substantial. It was moved by Potts, seconded by Thomas, to direct staff to survey property owners regarding gating Kenyon Drive. Motion carried 5-0. 16. TUSTIN HIGH SCHOOL BASKETBALL COURTS Councilmember Doyle stated that at the last meeting, Council had approved a funding appropriation for Tustin High School basketball court refurbishment. He said he recently learned that the Tustin Unified School District was contemplating other uses such as softball fields or a parking lot for the basketball courts and he suggested confirming that the basketball courts would remain at the school. Mayor Potts noted that he had contacted School Board Member Todd Ferguson who stated that softball fields had not been planned for the basketball courts; stated concern regarding appropriating money for basketball court refurbishment if the school district was planning to remove the courts; acquiring a school district guarantee that the basketball courts would remain for a minimum period of time; and installation of a gate for public access to the courts. Mayor Pro Tem Worley suggested postponing the appropriation until Council met with the school board in April. The following member of the audience spoke regarding the necessity for the Tustin Unified School District to meet with Council to develop overall plans for joint facility usage; the school district had been providing recreation facilities to the community; the City was legally required to provide recreation facilities to the public; City park land was below average per resident; the school district provided approximately 150 acres with a high monetary value for public recreation uses; the school district was obligated to provide education, not recreational facilities to the public; other communities did not allow public use of their schools for recreation purposes; and reiterated the need for a ;oint meeting between Council and the school board: Jane Bauer, Tustin Unified School Board President Mayor Pro Tem Worley said she believed many cities utilized schools for recreational needs; taxpayers owned the schools; she supported the need to work jointly with the school district; the best interest of the City and school district was to provide recreational facilities for youth activities; acknowledged the shortage of park land in the City; and Council's priority to develop additional park land. CITY COU14CIL MINUTES Page 7, 3-18-96 Jane Bauer indicated that the school district no longer had funds available to continue supporting recreational uses. Mayor Potts noted that the school district had helped the City in the past; noted the volunteers who refurbished the baseball diamonds at Utt School; Redevelopment Agency assistance to renovate the Tustin High School pool and future use as a community pool; the need to refurbish the basketball courts; the City was aware of the school district's shortfall; the City's commitment to assist in improving the Tustin High School basketball courts; and the need to.expedite renovation of the site. Council/speaker discussion followed regarding Council and the school board deciding issues together; the cost of basketball court renovation; and the scheduled joint Council and school board meeting on April 29, 1996. 17. ORDINANCE NO. 1164 - ISSUANCE OF WARRANTS AND DEPOSIT OF FUNDS It was moved by Doyle, seconded by Worley, to have first reading by title only and introduction of Ordinance No. 1164. The City Clerk read the following Ordinance No. 1164 by title only: ORDINANCE NO. 1164 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 6 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATIVE TO THE ISSUANCE OF WARRANTS AND AUTHORIZING DEPOSIT OF SURPLUS FUNDS Motion carried 5-0. 18. INVESTMENT REPORT AS OF JANUARY 31, 1996 It was moved by Worley, seconded by Thomas, to receive and file subject report. Motion carried 5-0. PUBLIC INPUT - None OTHER BUSINESS/COMMITTEE REPORTS GRAFFITI Mayor Pro Tem Worley reported increased graffiti in her neighborhood during the past two months and urged residents to call the graffiti hot line to report vandalism. Mayor Potts requested police undercover overtime to apprehend graffiti vandals. BILL MOSES Mayor Pro Tem Worley and Councilmember Saltarelli commented on the passing of Bill Moses and that he would be greatly missed by the community, and offered condolences to the Moses family. HOESTEREY FAMILY Councilmembers Thomas and Saltarelli offered condolences to the Hoesterey family. MARCH 26, 1996 ELECTION Councilmember Thomas urged everyone to vote on March 26, 1996. POTENTIAL SITES - BINGO GAMES Mayor Potts suggested the Case Swayne building, or an alternate site, be explored as a possible location for the Tustin Unified School District to hold bingo games for youth sports fund raising. CITY COU14CIL MINUTES Page 8, 3-18-96 YOUTH ATHLETIC TEAMS' USE OF CITY FIELDS Mayor Potts requested youth athletic teams not be charged for use of City fields and requested referral to the Parks and Recreation Commission for policy study and an interim moratorium on fees for youth sports. Mayor Pro Tem Worley requested a Parks and Recreation Commission recommendation be presented for Council review. PROCLAMATION REQUEST - UTT SCHOOL MAINTENANCE VOLUNTEER Mayor Potts requested a proclamation be given to the parents who maintain the sport fields at Utt School. CLOSED SESSION Mayor Potts announced the City Council would convene in closed session to confer with the City Manager regarding compensation for management employees. ADJOURNMENT Mayor Potts adjourned the meeting at 8:45 p.m. in memory of Bill Moses and Kevin Hoesterey. The next regular meeting of the City Council was scheduled for Monday, April 1, 1996, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. JIM POT , 1 &A gid6d PAMELA STOKER, Y CLERK