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HomeMy WebLinkAboutCC MINUTES 1987 10 19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA OCTOBER 19, 1987 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Edgar at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Kelly, and the Invocation was given by Councilman Hoesterey. II, ROLL CALL Councilpersons Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl O. Prescott Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Community Dev. Director Robert Ledendecker, Dir. of Public Works Charles R. Thayer, Chief of Police Royleen A. White, Dir. of Com. & Admin. Srvcs. Lloyd Dick, Building Official Approximately 20 in the Audience III. PROCLAMATIONS 1, MARGARET GREINKE & THE CITY OF TUSTIN 6OTH ANNIVERSARY CELEBRATION COMMITTEE - SPECIAL PLAQUE PRESENTATION TO MARGARET GREINKE Mayor Edgar read a proclamation in appreciation to the Committee members fop their hard work and dedication in coordinating the special activities commemorating the event. Additionally, the Mayor presented Margaret Greinke with a plaque for her services as Chairperson of the City of Tustin 60th Anniver- sary Celebration Committee. On behalf of the Committee, Mrs. Greinke expressed her thanks to the Council. 84 2. "RED RIBBON WEEK" - OCTOBER 25-31, 1987 The Mayor presented a proclamation designating October 25-31, 1987, as "Red Ribbon Week" to Ethel Reynolds, Parents Who Care, and Kapen Mergelet. Ms. Reynolds thanked the Council and presented each Councilmember with a red ribbon. 84 IV, PUBLIC HEARINGS None. V, PUBLIC INPUT -" 1, EAST TUSTIN - CABLE TELEVISION FRANCHISE Bob Coleman, General Manager of American Cablesystems, requested that the matter of cable television in East Tustin be agendized for the next meeting as it was discussed at the October 7 meeting. The City Manager interjected that he had informed Mr. Coleman this date via telephone that staff had agendized subject item for the November 2 meeting. It was moved by Hoesterey, seconded by Prescott, to agendize sub- ject matter for the November 2, 1987, City Council meeting. After a question-and-answer period, the motion carried 5-0. 53 CITY COUNCIL MINUTES Page 2, 10-19-87 2. NORTH TUSTIN HOMEOWNERS CORPORATION Joseph Herzig, North Tustin Homeowners Corporation, was informed by the City Attorney that Council would consider in Closed Session the litigation filed against the City by the North Tustin Homeowners Corporation. The Mayor added that any action from Closed Session would be announced in public as required by law. 24 VI. CONSENT CALENDAR It was moved by Hoesterey, seconded by Kennedy,' to approve the enti re Consent Calendar. The motion carried 5-0. 1. APPROVAL OF MINUTES - OCTOBER 7, 1987, ADJOURNED REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,315,581.87 RATIFICATION OF PAYROLL IN THE AMOUNT OF $329,291.89 50 3. REJECTION OF CLAIM NO. 87-17; CLAIMANT: JUSTIN VAN DER KOLK/PAT VAN DER KOLK, PARENT AND GUARDIAN; DATE OF LOSS: 3/15/87; DATE FILED WITH CITY: 6/22/87 Rejected subject claim for personal injuries in an amount unknown, but which will exceed $5,000 as recommended by the City Attorney. 40 4.REJECTION OF CLAIM NO. 87-13; CLAIMANT: BIANCA MARIA RIZZO; DATE OF LOSS: 1/16/87; DATE FILED WITH CITY: 3/27/87 Rejected subject claim for personal injuries and property damage in an amount of $5,000,000 as recommended by the City Attorney. 40 5. RESOLUTION NO. 87-120 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 87-3 (Lots 6 and 10, Tract 12763) Adopted Resolution No. 87-120 as recommended by the Public Works Department/Engineering Division. 81 6. REIMBURSEMENT AGREEMENT WITH IRVINE RANCH WATER DISTRICT (IRWD) RE CONSTRUCTION OF DISTRICT FACILITIES IN JAMBOREE ROAD BETWEEN I-5 FREEWAY AND IRVINE BOULEVARD Approved subject agreement for reimbursement by IRWD for costs estimated at $490,000; and authorized the Mayor and City Clerk to execute same, as recommended by the Public Works Department/ Engineering Division. 45; 87-44 VII. ORDINANCE FOR INTRODUCTION 1. SPEED ZONES: ENGINEERING & TRAFFIC SURVEY - ORDINANCE NO. 996 Survey prepared by BSI Consultants, Inc., recommends certain Speed limits on Holt Avenue from Irvine to Warren; Newport Avenue from Sycamore to Walnut, from Walnut to E1 Camino Real, and E1 Camino Real to Wass Street; Pasadena Avenue from Sycamore to McFadden; and Redhill Avenue from Barranca to Edinger. The staff report and recommendation were presented by the Public Works Director as contained in the inter-com dated October 9, 1987, prepared by the Public Works Department/Engineering Division. It was moved by Hoesterey, seconded by Kelly, to approve the Engi- neering and Traffic Survey dated September 16, 1987, as prepared by Dennis Barnes, Consulting Traffic Engineer of BSI Consultants, Inc. Motion carried 5-0. It was moved by Hoesterey, seconded by Kelly, that Ordinance No. 996 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 996 by the City Clerk, it was moved by Noesterey, seconded by Kelly, that Ordinance No. 996 be introduced as follows: ORDINANCE NO. 996 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS ON CER- TAIN STREETS (Holt, Newport, Pasadena andRedh~ll~ Avenues) Carried 5-0. 100 CITY COUNCIL MINUTES Page 3, 10-19-87 VIII, ORDINANCE FOR ADOPTION 1. BRANDISHING OF REPLICA FIREARMS - ORDINANCE NO. 994 - NOT ADOPTED Proposed ordinance for use as interim enforcement tool for officers in incidents regarding the brandishmerit or threatening display of replica firearms until Assembly Bill 295 becomes effective on January 1, 1988. Subject ordinance received first reading and introduction at the October 7, 1987, Adjourned Regular Meeting. It was moved by Kennedy, seconded byEdgar, that Ordinance No. 994 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 994 by the City Clerk, it was moved by Kennedy, seconded by Edgar, that Ordinance No. 994 be passed and adopted as follows: ORDINANCE NO. 994 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 6202 TO CHAPTER 2 OF ARTICLE 6 OF THE TUSTIN CITY CODE REGARDING THE BRANDISHING OR THREATENING DISPLAY OF REPLICA FIREARMS Councilman Prescott stated that the Ordinance is duplicitous of what has already been enacted by State legislature. He suggested that the ordinance be denied and/or amended to sunset on December 31, 1987. Councilman Kelly concurred. Council debate ensued. Roll call vote: AYES: Edgar, Kennedy NOES: Hoesterey, Kelly, Prescott ABSENT: None The motion failed 2-3. 82 Y = _ IX, OLD BUSINESS !- COLUMBUS TUSTIN PARK PHASE II A detailed Design Development Report for ColUmbus Tustin Park for Council consideration. The City Manager provided an update to the October 13, 1987, inter- com prepared by the Community Services Department, and stated that $59,000 is estimated to be available from the Park Bond Fund; and $6,000 would have to be appropriated from either the General Fund or the Town Center Redevelopmerit Project Fund. The Director of Community and Administrative Services recounted where the Design Development Report stands since its preparation by Recreation Systems, Inc., in December, 1982. Lengthy Council discussion ensued regarding building construction funding, community input, project scope, and landscaping. The Director clarified that the Design Development Report is a result of a great deal of community participation and completion of all consultant work by Recreation Systems which the City retained. The next step is to proceed with working drawings. She stated that if Council wished, the Committee could be reinstituted to re-review the plan and the consultant retained on an hourly basis to assist. After further discussion, it was moved by Edgar, seconded by Kelly, to support Site Plan "A" of the Design Development Report for Columbus-Tustin Park, prepared by Recreation Systems, Inc., dated December, 1982. Councilman Hoesterey suggested Council wait to rehire the consul- tant until all project funding is in place and the City is ready to proceed with the entire project. The motion carried 5-0. 77 CITY COUNCIL MINUTES Page 4, 10-19-87 It was moved by Kennedy, seconded by Edgar, to reinstitute the Citizens Advisory Committee, Columbus Tustin Park Development, to update the Design Development Report and advertise for community involvement. Motion carried 5-0. 77 X. NEW BUSINESS 1. EMERGENCY REPLACEMENT OF TRAFFIC SIGNAL CONTROLLERS - RESOLUTION NO. 87-119 Replacement of traffic signal controller units at the intersections of Redhill and Valencia Avenues and at Redhill and Warner Avenues which are approximately 18 years old and experiencing malfunctions. As recommended in the inter-com dated October 13, 1987, prepared by the Public Works Department/Engineering Division, it was moved by Hoesterey, seconded by Kennedy, to: 1) Adopt the following; RESOLUTION NO, 87-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, DECLARING THAT PUBLIC INTEREST AND NECESSITY DEMANDS IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE AND HEALTH 2) Award the bid to Steiny and Company, Fullerton, for the replacement of traffic signal controllers at Red Hill/Valencia Avenues and Red Hill/Warner Avenues in the amount of $32,961; and 3} Authorize a supplemental 1987-88 Budget appropriation in the amount of $33,000 in General Fund monies for subject project. Following a question-and-answer period, the motion carried 5-0. 94 2. ORANGE COUNTY INTERGOVERNMENTAL ASSOCIATION Mayor Edgar requested this item be agendized. He led discussion regarding Supervisor Weider's request that the League of California Cities consider her proposal to establish an Intergovernmental Association in Orange County, the structure of which could range from very informal to as formal as the Southern California Associa- tion of Governments {SCAG}. The Mayor expressed opposition to the concept of relegating respon- sibilities to another government agency. Councilmembers Hoesterey, Kelly and Prescott concurred. Mayor Pro Tem Kennedy stated she had no opinion at this time, and would like to see the report that is forthcoming from the County. After further discussion, it was moved by Edgar, seconded by Prescott, to direct a letter to the Board of Supervisors and all Orange County cities indicating that the Tustin City Council feels opportunities currently exist for cooperation within the existing structure, listing examples of such, and is adamantly opposed to setting up another layer of government. The motion carried 5-0. 68 3, REVIEW OF NORTH TUSTIN MUNICIPAL ADVISORY COUNCIL (NTMAC) BYLAWS & NTMAC REQUEST TO JOIN LEAGUE OF CALIFORNIA CITIES Mayor Edgar requested this item be agendized. He invited Council comments. Councilman Prescott expressed appreciation for Supervisor Stanton's request for suggestions to change the NTMAC draft bylaws, and made the following recommendations: Article IV. Objectives. Strike the second sentence and replace with the following: "The Council shall submit its comments con- cerning services provided by the County or other local governmental agencies directly to the Board of Supervisors which will respond to CITY COUNCIL MINUTES Page 5 10-19-87 or refer the comments as it deems appropriate. The Council shall not directly represent the community within the territory to any governmental organization except the Board of Supervisors." Article VI. Officers. Paragraph A-4. Treasurer. Amend the last sentence to read: "... shall render to the County Administrative Officer and to the Council a monthly accounting of all such trans- actions and the final financial condition of the Council." Article V. Membership and Term - limit terms of service to two consecutive terms to facilitate greater citizen involvement in the governmental process and more people living in North Tustin com- munity could become directly involved in NTMAC. Councilmembers Kennedy and Hoesterey concurred with Councilman Kelly that it is inappropriate to comment on NTMAC bylaws, just as it is inappropriate for someone from the unincorporated area to comment on Tustin governmental functions. The Mayor responded that Supervisor Stanton specifically requested suggestions. He thought it relevant that the original intent in forming NTMAC, which is to advise the Board of Supervisors, be followed through in their actions. He felt it improper that NTMAC interprets other challenges not identified in their original bylaws and expands activities as they see fit, and felt it proper for the bylaws to restrain NTMAC to the exact purpose for which it was created. Councilman Hoesterey rebutted that if the Board of Supervisors feels NTMAC is working outside of its original intention, it is up to the Board to deal with the situation. He suggested responding on a personal, individual basis. But as an official policy of the Council, he felt the situation would be best left alone. Council debate followed. Councilman Prescott suggested the Council share its viewpoints individually with Supervisor Stanton. Joseph Herzig, 1751 Rainbow Drive, noted that NTMAC members are elected by residents of the area it represents, and hoped Council would not incorporate a substantive part of Councilman Prescott's suggestions. He expressed support of NTMAC. There was consensus to not send an official letter from the City regarding NTMAC's bylaws, and if any Councilperson wishes to speak to Chairman Stanton, they should do so on an individual basis. Mayor Edgar proceeded with Councilman Hoesterey's suggestion to discuss the relevance of NTMAC's request to become a non-voting member of the League of California Cities. Following Council discussion, it was moved by Hoesterey, seconded by Kelly, to send a letter to the League of California Cities advising them of Tustin's position that NTMAC's request to become a non-voting member of the LCC is inappropriate as follows: 1) The League of Cities' basic role is to enable cities to work together. By having NTMAC as an informal participant, it pre- supposes that they have some authorities associated with the City (Tustin). 2) Particularly unacceptable is the fact that areas represented by NTMAC are either in Tustin's or Orange's sphere of influence. ~Representation through that channel is through existing spheres of influence. After further discussion, the motion carried 5-0. 68 The Mayor responded to Dessa Schroeder's request for clarification of how the spheres of influence affect Council's position. Ms. Schroeder expressed disappointment with Council's position that NTMAC's request is unacceptable. CITY COUNCIL MINUTES Page 6, 10-19-87 XI. REPORTS 1. PLANNING COMMISSION ACTIONS - OCTOBER 12, 1987 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Following a question-and-answer period, it was moved by Hoestorey, seconded by Kelly, to ratify the Planning Commission Action Agenda of October 12, 1987. The motion carried 5-0. 80 XII, OTHER BUSINESS 1. RESIDENTIAL STRUCTURE AT 235 WEST MAIN STREET Councilman Kelly requested that staff provide an update on future plans for use of the residential structure at 235 West Main Street. 107 2, JOHN WAYNE AIRPORT NOISE MONITORING PROGRAM Councilman Kelly requested that staff continue to provide an air- port monitoring program update report on each agenda. The City Manager responded to Mayor Pro Tem Kennedy that Mr. Van Houten {consultant) will be contacting Mr. Knox very soon, now that his contract has officially begun. 101 3. DISASTER PREPAREDNESS PLAN Mayor Pro Tem Kennedy requested that the Emergency Preparedness Plan recently mailed to Councilmembers be agendized for discussion and staff input at the November 2 meeting. Councilman Hoesterey noted that copies of the plan need not be included in the Council books. 103 4. AMOUNT OF AIR TRAFFIC OVER ORANGE COUNTY Councilman Hoesterey referenced a letter from the Chamber of Com- merce President regarding the terminal control area (TCA) around LAX. He explained that when the FAA eliminated the VFR corridors over LAX, a lot more air traffic was rerouted around that TCA with a tremendous effect on Orange County. It also put most private aircraft into narrow corridors. Instead of a much wider area for aircraft to travel through the basin, it has basically created freeway situations outside the TCA. He felt that Council should closely monitor that situation and perhaps minimize the amount of air traffic over Tustin, in accordance with Councilman Kelly's desires. The Mayor responded that he would like to have a plan to collect hard data rather than just casual perceptions. Councilman Hoesterey suggested that he could provide a brief, regu- lar report to Council on the matter with some recommended actions so that Council knows how it affects the community. He stated that whenever anything is done at the Federal level, ramifications occur that may not be considered when the decision is made, and perhaps Tustin can take actions to protect its own interests. 101 5, PETITION REGARDING CALIFORNIA APARTMENTS Councilman Kelly referenced a petition from Mr. Lennihan, Drayton Avenue resident, containing a list of various complaints from area residents relative to adverse conditions and persons who visit and reside at the California Apartments complex. The matter was referred to the Director of Public Works for review and recommenda- tion. CITY COUNCIL MINUTES Page 7, 10-19-87 6. ADJOURNMENT IN MEMORY OF "BLACK MONDAY" Councilman Prescott requested Council adjourn cognizant of the fact that today the stock market experienced its worst crash in recorded history, going down 23%, over 500 points, which may be the begin- ning of a new depression. 84 7, MARGARET BYRD HOSPITALIZED The Mayor announced that Margaret Byrd, faithful attendee at City Council meetings, is in the hospital after suffering a slight stroke. He requested that everyone keep her in their prayers. 38 8. PROCLAMATIONS FOR TUSTIN'S 60TH ANNIVERSARY CELEBRATION Mayor Edgar noted that proclamations from Orange County cities and other governmental entities are on display behind the Council dais. He requested that staff investigate the possibility of dis- playing them for public viewing. Councilman Prescott suggested the library display case. 84 g. REQUEST FOR PROCLAMATION - TILLER DAYS COMMITTEE & TUSTIN JAYCEES The Mayor requested that staff prepare appropriate proclamations acknowledging the work by the Tiller Days Committee-and Tustin Jay- cees associated with Tustin Tiller Days. 84 10. TUSTIN HIGH SCHOOL BLEACHERS The Mayor stated that the south side bleachers at Tustin High School's Northrup Field are minimal, He thought staff should ini- tiate dialog with Tustin Unified School District to build stands comparable to those on the north side, and report back to Council " with ideas on timetable, cost, etc. Councilman Hoesterey suggested waiting until it is known what effects the CalTrans freeway widening project will have on the high school, and study results of San Juan, etc., come back. He also pointed out that the City has especially busy schedules on other projects. Mayor Pro Tem Kennedy requested that the matter be prioritized with items on her wish list, and perhaps Council can discuss the matter prior to staff expending any time on same. 90 XIIIo RECESS - REDEVELOPMENT; CLOSED SESSION - RECONVENED At 8:32 p.m., it was moved by Hoesterey, seconded by Prescott, to recess to the Redevelopment Agency, thence to a Closed Session to con- fer with the City Attorney regarding pending litigation, and pursuant to Government Code Section 54957 to consider personnel matters. Motion carried 5-0. The meeting was reconvened at 9:25 p.m. with all members present. XI¥, ACTIONS FROM CLOSED SESSION ,,,-, 1. ANNEXATION PROCEEDINGS NO. 139 & NO. 140 - RESOLUTIONS NO. 87-121 & NO. 87-122 It was moved by Hoesterey, seconded b~ Kennedy, to adopt the following: RESOLUTIOH NO. 87-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, TERMINATING ANNEXATION PROCEEDING NO. 139, EVENINGSIDE-RAINBOW. RESOLUTION HO. 87-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, TERMINATING ANNEXATION PROCEEDING NO. 140, LA COLINA-BROWNING Motion carried 5-0. 24 CITY COUNCIL MINUTES Page 8, 10-19-87 2. MANAGEMENT INCENTIVE COMPENSATION PROGRAM It was moved by Hoesterey, seconded by Kennedy, to appropriate funds for the Management Incentive Compensation Program as recom- mended by the City Manager. Motion carried 3-2, Kelly and Prescott opposed. 79 3, RECLASSIFICATION OF ADMINISTRATIVE SECRETARYPOSITION TO EXECUTIVE COORDINATOR It was moved by Hoesterey, seconded by Prescott, to reclassify the Administrative Secretary to Executive Coordinator. Carried 5-0. 79 XV, ADJOURNMENT At 9:30 p.m. the meeting was adjourned in memory of "Black Monday" by unanimous informal consent to the next Regular Meeting on Monday, November 2, 1987, at 7:00 p.m.