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HomeMy WebLinkAboutCC MINUTES 1988 11 07MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA NOVEMBER 71 1988 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Hoesterey at 7:02 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Mayor Hoesterey and the Invocation was given by Mayor Pro Tem Kennedy. ... II. ROLL CALL i Council Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar John Kelly Earl J. Prescott Council Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Dir./Community Development Fred Wakefield, Acting Chief of Police Robert Ledendecker, Director of Public Works Royleen White, Dir./Community & Administrative Serv. Ronald A. Nault, Finance Director Valerie Whiteman, Deputy City Clerk Susan Jones, Recreation Superintendent Approximately 100 in the audience III. PROCLAMATION FOR CECIL MARKS Mayor Hoesterey, with the assistance of Tony Coco, Richard Edgar, Frank Grienke, Jerry Mack and Speed Schuster, read and presented a proclamation to Cecil Marks in honor of his 90th birthday. Cecil Marks stated his pleasant surprise at receiving the proclamation and thanked everyone for the recognition. Councilman Kelly then led everyone in singing "Happy Birthday" to Mr. Marks. 84 IV. PUBLIC HEARING - None V. PUBLIC INPUT 1. DRIVERS FOR HIGHWAY SAFETY Bill Ward responded to comments made by Councilman Edgar during the October 19, 1988 Council meeting regarding the Drivers for Highway Safety organization. He stated that Drivers for Highway Safety was a volunteer, non-profit organization studying the diamond lane issue. He emphasized that members of the organization had many years of professional experience in the evaluation of technical matters and had stated verifiable facts, not opinions. Drivers for Highway Safety had previously attempted to gain answers to the following questions from the Orange County Transportation Commission: (1) why had there not been an actual test conducted on the Rte 55 diamond lane, (2) where was the objective, verifiable evidence supporting the assumption that diamond lanes are more effective than mixed -flow lanes, and (3) why had the O.C.T.C. refused to hold evening meetings. 2. STREET LIGHTING AND SPEED LIMITATIONS ON EL CAMINO REAL Patricia Agosta, 1839 E1 Camino Real, was very concerned about the lack of street lighting and excessive speeding in her neighborhood. She said personal and property safety was in jeopardy and requested assistance from the Council. Mayor Hoesterey directed the City Engineer to contact Ms. Agosta and provide the necessary assistance. Councilman Edgar added that the area in question had been annexed to the City about one year ago and, prior to that, had not been CITY COUNCIL MINUTES Page 2, 11-7-88 upgraded by the County. The City has budgeted approximately $250,000 for improvements and, additionally, the widening of the I-5 would include full upgrading of curbs, street lighting, etc. VI. CONSENT CALENDAR It was moved by Kelly, seconded by Edgar, to approve the Consent Calendar. The motion carried 5-0. 1. APPROVED MINUTES - OCTOBER 19, 1988, ADJOURNED REGULAR MEETING 2. APPROVED DEMANDS IN THE AMOUNT OF $2,165,284.54 RATIFIED PAYROLL IN THE AMOUNT OF $385,052.83 50 3. REJECTION OF CLAIM NO. 88-53; CLAIMANT -REAL ESTATE SECURITIES SERVICES, DATE OF LOSS -9/15/88, DATE FILED WITH CITY -10/3/88 Rejected subject claim for property damage in the amount of $974.00 as recommended by the City Attorney. 40 4. REJECTION OF CLAIM NO. 88-57; CLAIMANT -SOUTHERN CALIFORNIA.EDISON CO., DATE OF LOSS -8/3/88, DATE FILED WITH CITY -10/12/88 Rejected subject claim for property damage in the amount of $875.06 as recommended by the City Attorney. 40 5. REJECTION OF CLAIM NO. 88-55; CLAIMANT-MARIANNA MUSSER, DATE OF - LOSS -7/20/88, DATE FILED WITH CITY -10/5/88 Rejected subject claim for personal injuries in the amount of $15,000 as recommended by the City Attorney. 40 6. REJECTION OF CLAIM NO. 88-52; CLAIMANT -JOAN DeMEYER, DATE OF LOSS - 8/26/88, DATE FILED WITH CITY -9/26/88 Rejected subject claim for personal injuries in the amount of $26,500 as recommended by the City Attorney. 40 7. TRAFFIC GRANT - APPROVAL Authorized appropriation of $263,145 from unappropriated reserves for equipment purchase and personnel to implement the California Office of Traffic Safety (OTS) Grant for additional traffic/DUI enforcement and authorized acceptance of OTS funds in the amount of $188,966 to offset the above appropriation 82s recommended by the Police Department. S. ENGINEERING AND TRAFFIC SURVEY FOR SPEED ZONES ON BRYAN AVENUE, SYCAMORE AVENUE, AND WILLIAMS STREET Approved the engineering and traffic survey for speed zoning on Bryan Avenue, Sycamore Avenue, and Williams Street and directed the City Clerk to file a copy of the survey with the appropriate authorities for enforcement purposes as recommended by the Public Works Department/Engineering Division. 100 9. PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. DURING CONSTRUCTION OF LOWER PETERS CANYON RETARDING BASIN (FACILITY F06, B01) AND APPURTENANT FACILITIES Approved a professional services agreement with LSA Associates, Inc. and authorized execution by the Mayor and City Clerk as recommended by the Public Works Department/Engineering;_ Division. 10. PROFESSIONAL SERVICES AGREEMENT - CONSTRUCTION OF TUSTIN RANCH NEIGHBORHOOD PARR IN TRACT NO. 12345 Approved the professional services agreement with BSI Consultants, Inc. and authorized execution by the Mayor and the City Clerk as recommended by the Community Services Department. 45 11. DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN Authorized staff to request additional review time from EMA on the Draft EIR until completion of the HWMP and directed staff to transmit comments on the Draft EIR prior to close of the review period as recommended by the Community Development Department. 81 CITY COUNCIL MINUTES Page 3, 11-7-88 VII. ORDINANCES FOR INTRODUCTION - None VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1012 AMENDING THE TUSTIN CITY CODE RELATIVE TO n. POLITICAL SIGNS It was moved by Kennedy, seconded by Edgar, that Ordinance No. 1012 have second reading by title only. The motion carried 5-0. Following second reading by title only of Ordinance No. 1012 by the City Clerk, it was moved by Kennedy seconded by Edgar, that Ordinance No. 1012 be passed and adopted as follows: ORDINANCE NO. 1012 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO POLITICAL SIGNS Councilman Kelly, in view of the freedom that had been given to candidates posting their political signs, wanted the City to be more understanding when a businessman requested cooperation and acceptance of a sign for commercial reasons. Mayor Pro Tem Kennedy believed that the current posting of political signs had been the most blatant disregard of the City's sign code that she had witnessed in fifteen years. She felt the Council should set the example and was disappointed in the decision made against strict enforcement. Mayor Hoesterey noted that approval of Ordinance 1012 was solely for the purpose of deleting language in the current code that had been determined legally unenforceable. The motion carried 4-0, Prescott abstained. (Roll call vote) 93 IB. OLD BUSINESS 1. STATUS REPORT - JWA/CRAB/ASC Christine Shingleton, Director of Community Development, indicated there was no additional information regarding the Noise Monitoring Program. Mayor Hoesterey said he had attended a meeting of the Orange County Aviation Council where McDonnell Douglas introduced a new airplane with a significantly reduced noise profile. Mayor Pro Tem Kennedy questioned why the information received in the prior report had been, according to this evening's staff report, inaccurate. Christine Shingleton responded that information received from the City's noise consultant indicated that the LDA testing had been completed and certified. Staff was informed one week later that the FAA had reconsidered the initial certification and retesting of the system would begin. It was moved by Kelly seconded by Edgar, to receive and file subject report. The motion carried 5-0. 101 2. TRAFFIC STUDY AT IRVINE BOULEVARD BETWEEN YORBA STREET AND COSTA MESA (RTE. 55) FREEWAY It was _moved by Edgar, seconded by Kennedy, to direct staff to contact the affected property owners/businesses to discuss the potential closure of the Irvine Boulevard median island at the Mobil Service Station/office building driveway and return to City Council with results of said discussion prior to implementing any closure as recommended by the Public Works Department/Engineering Division. The motion carried 5-0. 100 CITY COUNCIL MINUTES Page 4, 11-7-88 3. TRAFFIC STUDY AT YORBA STREET AND HEIGHTS DRIVE It was moved by Edaar, seconded by Kennedy, to authorize the removal of all on -street parking along Yorba Street (both sides) between Irvine Boulevard and Seventeenth Street, and the restriping of Yorba Street to provide continuous left -turn channelization and two travel lanes in each direction for the entire length of Yorba Street as recommended by the Public Works Department/Engineering Division. Mayor Pro Tem Kennedy was concerned about the lack of on -street' parking in the residential areas and wanted to know if it was possible to allow an exception and permit street parking for area residents. Robert Ledendecker, Director of Public Works, said staff had surveyed the street and found a very limited number of cars utilized on -street parking; and, for uniformity and safety, had recommended no on -street parking for the entire street. If the Council desired, staff could review selected intersections for maintaining the parking and prepare a report. Councilman Edgar thought it was wise to have a response from the residents involved and suggested formal communication with the residents immediately adjacent to the affected area. As a substitute motion it was moved by Edaar.- seconded by Kennedy, to delay action on this matter for four weeks and survey the impacted residents through written communication. The motion carried 5-0. 4. PEDESTRIAN CROSSWALKS ON ARTERIAL HIGHWAYS 100 Robert Ledendecker, Director of Public Works, said in order to' stay within the California statutes, the use of a permanent, flashing pedestrian warning light that could be manually or timer controlled was being recommmended. Staff felt this alternative would be safer than the program being utilized in Arizona. Francine Morrison, 14501 Heights Drive, Tustin, was very much in favor of implementing the safety zones used in Arizona; however, if the Council disagreed, she would support the staff proposal to install flashing beacons. Her main objective was to slow traffic before it approached the crosswalk for the safety of the children and the crossing guards, who are usually ignored by passing motorists. Mayor Pro Tem Kennedy reported her own experience had been that motorists do disregard crossing guards and the City had tried several solutions without success. She proposed, in addition to staff's current recommendation, that the Council reevaluate the crossing guard program -- their authority, equipment, training and clothing. Mayor Hoesterey felt there were two ways to proceed: (1) send a letter to the State Representatives requesting assistance with legislation that would enable the implementation of the Arizona__._ plan and (2) test the low cost portable units for effectiveness., Councilman Edgar said that due to possible legislative changes the Arizona plan would not be a rapid solution and preferred the installation of flashing beacons not only at the crosswalk but 100 feet preceeding the crosswalk. It was moved by Edaar, seconded by Hoesterev, that, during the investigation of the Arizona program, (1) staff will submit a recommendation for implementing portable flashing lights on Prospect and Yorba Avenues, (2) other crossings not protected by traffic signals be included in the study and (3) Council review methods to strengthen the crossing guard program. The motion carried 5-0. 46 CITY COUNCIL MINUTES Page 5, 11-7-88 S. I-5/55 INTERCHANGE AND HIGH OCCUPANCY VEHICLE (HOV) PROJECT Mayor Hoesterey stated the City had sent a letter to Senator Seymour requesting involvement of Caltrans management officials in this issue. The following members of the community spoke in opposition to the proposed project: Skip Murray, 15500 Tustin Village Way, Tustin POW Virginia Town, 15500 Tustin Village Way, Tustin Carole Bryant, 15500 Tustin Village Way, Tustin Tammy Palmer, 15500 Tustin Village Way, Tustin Sandy Goldstein Their concerns included: increased use of sound walls to reduce decibel levels; twenty-five percent (25%) loss of available parking spaces; air and noise pollution; conversion of H.O.V. lanes to general purpose lanes; lack of concern by O.C.T.C. for area residents; and obtaining personal opinions from each Councilmember on the flyovers. Mayor Hoesterey stated there were legal reasons preventing Councilmembers from publicly voicing their opinions at this time. During a brief recess, Skip Murray displayed for the Council and members of the audience a scale model of the proposed project. Council concurred to continue this item to the November 21, 1988 City Council meeting. 6. DENSITY BONUS POLICY Christine Shingleton, Director of Community Development, reported there were several approaches, as indicated in the City Attorney's ^` summary, that the Council might take regarding a density bonus policy. Mayor Pro Tem Kennedy stated because there was no specific proposal on file and because of her personal concern regarding density, she wanted to take no action. If and when proposal is received, the Council would have 90 days to respond. It was moved by Kennedy, seconded by Edgar, to table this issue indefinitely. Councilman Prescott said the City Attorney's memorandum recommended that policy guidelines be established, reviewed and approved and he was in favor of following advice given by the City Attorney. As a substitute motion, it was moved by Prescott, seconded by Kellv, to proceed with the establishment of a density bonus policy. Mayor Hoesterey agreed with discouraging high levels of density in the City and it can be addressed when an official proposal has been filed. After further discussion among the Councilmembers, the substitute motion failed 2-3, Hoesterey, Kennedy and Edgar opposed. The original motion carried 3-2, Kelly and Prescott opposed. 81 B. NEW BUSINESS 1. RECOMMENDATION TO THE ORANGE COUNTY TRANSPORTATION COMMISSION FOR EVENING MEETINGS It was moved by Kelly, seconded by Kennedy, to adopt the following: RESOLUTION NO. 88-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE ORANGE COUNTY TRANSPORTATION COMMISSION THAT THEIR REGULAR MEETINGS BE SCHEDULED IN THE EVENING CITY COUNCIL MINUTES Page 6, 11-7-88 Councilman Prescott requested that, if adopted, Resolution No. 88- 118 be forwarded to the news media and all cities in Orange County. The motion carried 4-0, Edgar abstained. (Councilman Edgar abstained because of his membership on the Orange County Transportation Commission). 101 2. FOOTHILL RESERVOIR REPAIRS Mayor Pro Tem Kennedy asked if the consultant was included in the $32,500 fee. She received an affirmative answer from Bob Ledendecker, Director of Public Works. It was moved by Kennedy, seconded by Edgar, to authorize staff to complete the following: (a) Solicitation and selection of a consultant to evaluate, test and recommend the required remedial measures for the Foothill Reservoir repair. (b) Solicitation of competitive bids for required Foothill Reservoir repairs. (c) Authorization of a supplemental budget appropriation of $32,500 for fiscal year 1988-89 in the Water Enterprise Fund. The motion carried 5-0. 107 3. AWARD OF CONTRACT FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF EDINGER AVENUE AND DEL AMO_ AVENUE It was moved by Edgar, seconded by Kennedy, to award a contract _. for subject project to William R. Hahn in the amount of $78,666.00 as recommended by the Public Works Department/Engineering Division. The motion carried 5-0. 86B 4. AWARD OF CONTRACT FOR CONSTRUCTION OF SIDEWALKS AND LANDSCAPING, TUSTIN RANCH, PHASE II It was moved by Kennedy, seconded by Hoesterev, to award the contract to Tracy and Haigh, Inc., Rancho Santa Margarita, in the amount of $896,274.22 as recommended by the Public Works Department/Engineering Division. The motion carried 5-0. 86B 5. AWARD OF CONTRACT FOR THE CONSTRUCTION OF TUSTIN RANCH NEIGHBORHOOD PARK, TRACT NO. 12345 It was moved by Kennedy, seconded by Edgar, to (1) Award the contract for the construction of Tustin Ranch Neighborhood Park in Tract No. 12345 to Hondo Company, Inc. of Santa Ana in the amount of $499,972 and (2) Appropriate $117,000 from the General Fund. The motion carried 5-0. 41 6. REQUEST FOR TREE REMOVALS It was moved by Kelly, seconded by Edgar, to approve the following staff recommendations: (a) Approve tree removals at the following locations as recommended by the Public Works Department/Field Services Division: 17362 Vinewood, 14322 Heatherfield, 2112 Fallen Leaf, 1272 Olwyn, 14542 Emerywood, 17352 Vinewood and 17491 Parker. (b) Deny requests for tree removals at the following locations as recommended by the Public Works Department/Field Services Division: 13602 Malena and 14652 Mimosa. The motion carried 5-0. 86 CITY COUNCIL MINUTES Page 7, 11-7-88 7. PRESENTATION BY CAROLE BRYANT REGARDING FREEWAY DIAMOND LANES Carole Bryant, in her presentation on diamond lanes, gave her definition of "diamond lanes" and her reasons why they are not viable, i.e., expense, safety, and restricted use. Additionally, she wanted to know what were the Council's instructions to the O.C.T.C. through Councilman Edgar. Councilman Edgar responded that, in his capacity as a member of r—K the O.C.T.C., he was not directed by the City Council of Tustin. He was elected to his position on the O.C.T.C. by the Mayors of Orange County and, therefore, had the challenge of responding to Orange County activity. He believed that the population could be moved more efficiently by use of H.O.V. lanes. 54 XI. REPORTS 1. PLANNING ACTION AGENDA - OCTOBER 26, 1988 It was moved by Kennedy, seconded by Hoesterey, to ratify the Planning Commission Action Agenda of October 26, 1988. The motion carried 5-0. 80 2. INFORMATION ON RV SALES AT TUSTIN SQUARE Mayor Pro Tem Kennedy questioned if the original Use Permit had changed from a storage facility for boats to a sales lot for Recreational Vehicles. Christine Shingleton, Director of Community Development, responded that the business license holder had indicated the storage was in conjunction with sales and that was the basis for approval of the Use Permit. It was moved by Kennedy, seconded by Edgar, to receive and file subject report. The motion carried 5-0. 81 3. INVESTMENT SCHEDULE AS OF OCTOBER 31, 1988 It was moved by Edgar, seconded by Hoesterey, to receive and file subject report. The motion carried 5-0. 50 4. I-5 FREEWAY ACCESS TO FIRST STREET IN CITY OF SANTA ANA It was moved by Edgar, seconded by Hoesterey, to receive and file subject report. The motion carried 5-0. 54 5. PROCEEDS FROM YOUTH CENTER AND SALE OF SIXTH STREET PROPERTY It was moved by Edgar, seconded by Hoesterey, to continue this item to the November 21, 1988 Council meeting. The motion carried 55=0. 85 XII. OTHER BUSINESS 1. GRAFFITI SITES Mayor Pro Tem Kennedy reported a very serious case of graffiti at Rte 55, between 17th Street and the Santa Clara overcrossing. Robert Ledendecker said that particular graffiti had been in existence for approximately 3 weeks. Staff had requested removal from Caltrans and he suggested, for expediency,that an additional o nal request be made at a higher supervisory level. Councilman Edgar noted the graffiti he had previously reported north of Santa Clara, near the fire lane, had not been removed. 2. STAGNANT WATER ON SECOND STREET Councilman Edgar requested a report regarding the stagnant water on Second Street between Pacific and "A" Streets. He also recognized that it had been several years since any renovation had been completed in the downtown area. CITY COUNCIL MINUTES Page 8, 11-7-88 3 TRAFFIC SIGNS NOTIFYING MOTORISTS OF PENALTIES FOR BLOCKING Councilman Edgar reported that the Orange County Transportation Commission was in the process of obtaining signs to notify motorists of penalties that could be incurred for blocking intersections and he thought Tustin should prepare to do the same. 4. BALLOONS USED IN ADVERTISING OF "GRAND OPENINGS" Councilman Prescott requested a report on the placement of ' balloons when local businesses have Grand Openings. 5. COYOTE IN THE TUSTIN MEADOWS,, PEPPERTREE, LAURELWOOD AREA Mayor Hoesterey requested that the Orange County Animal Control be contacted to investigate a coyote in the Tustin Meadows, Peppertree and Laurelwood developments. XIII. ADJOURNMENT At 8:58 p.m., the meeting recessed to the Redevelopment Agency and then adjourned to the next Regular Meeting on Monday, November 21, 1988, at 7:00 p.m. �rJ MAYOR ITY C K