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HomeMy WebLinkAboutCC MINUTES 1986 11 17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA NOVEMBER 17, 1986 I, CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:01 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 Mayor Pro Tem Hoesterey. ,~ II. ROLL CALL Councilpersons Present: Donald J. Saltarelli, Mayor Ronald B. Noesterey, Mayor Pro Tem Richard B. Edgar John Kelly Ursula E. Kennedy Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk · Robert S. Ledend.ecker, Dir. of Public Works Captain Wakefield, Pol ice Department Ronald A. Nault, Finance Director Royleen A. White, Dir. of Com. & Admin. Srvcs. Christine Shingleton, Com. Dev. Director Approximately 25 in the Audience I I I. PROCLAMATION 1. "BILL OF RIGHTS WEEK" - DECEMBER 8-15, 1986 Jeanne Holman-Walker accepted a proclamation from Mayor Saltarelli designating December 8-15, 1986, as "Bill of Rights Week." Ms. Holman-Walker, Manager of Coast Savings and Loan who has sponsored the annual Bill of Rights Program for the past 46 years, provided information on the program and expressed thanks to the Council. 84 IV. PUBLIC HEARINGS None. V. PUBLIC INPUT None. VI. CONSENT CALENDAR Item 7 was removed from the Consent Calend. ar by Edgar, Item 9 by Kelly, and II~em 11 by Kennedy. Councilman Edgar requested a correction to Consent Calendar Item No. 10, Resolution No. 86-131, to change the word in line 16 from "one" to "none." It was moved by Edgar, seconded by Kennedy, to approve the remainder of the Consent Calendar. Carried 5-0. 1. APPROVAL OF MINUTES - NOVEMBER 3, 1986, REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $429,083.84 RATIFICATION OF PAYROLL IN THE AMOUNT OF $148,103.48 50 3. REJECTION OF CLAIM NO. 86-45; CLAIMANT: DELBERT NOBLE; DATE OF LOSS: 7/11/86; DATE FILED WITH CITY: 10/8/86 Rejected subject claim as recommended by the City Attorney. 40 4. REJECTION OF CLAIM NO. 86-39; CLAIMANT: GEORGE BARRAGAN; DATE OF LOSS: 5/7/86; DATE FILED WITH CITY: 8/13/86 Rejected subject claim as recommended by the City Attorney. 40 CITY COUNCIL MINUTES Page 2, 11-17-86 5. RESOLUTION NO. 86-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR SIDEWALK/WHEELCHAIR RAMPS; EL CAMINO REAL/TUSTIN RANCH ROAD Adopt Resolution No. 86-133 as recommended by the Public Works Department/Engineering Division. 6. SANTA ANA VALLEY IRRIGATION COMPANY (SAVI) - QUITCLAIM OF EASEMENT Authorized the Mayor and City Clerk to execute Quitclaim Deed to Eugene A. and Claudia J. Duval for subject easement at 13742 Malena Drive as recommended by the Public Works Department/ Engineering Division. 49 8. RESOLUTION NO. 86-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (NEWPORT AVE. TRAFFIC SIGNAL MODIFICATIONS) Adopted Resolution No. 86-135; and assuming no claims/stop pay- ment notices are filed, authorized payment of final 10% reten- tion amount of $19,713.40 thirty days after date of recordation of notice of completion as recommended by the Public Works Department/Engineering Division. 94 10. RESOLUTION NO. 86-131 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS, DOCUMENTS, AND PAPERS IN THE POSSESSION OF THE POLICE DEPARTMENT OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS PURSUANT TO THE AUTHORITY GRANTED BY SECTIONS 34090, 34090.5 AND 34090.7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA Adopted Resolution No. 86-131 (as corrected) as recommended by the Police Department. 82 12. RESOLUTION NO. 86-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING A PROPERTY TAX TRANSFER FOR THE PROPOSED REORGANIZATION NO. 91 Adopted Resolution No. 86-132 as recommended.by the Community Development Department. 24 Consent Calendar Item No. 7 - Embossed Concrete Median Paving Improve- ments- As recommended by the Public Works Department/Engineering Divi- sion, it was moved by Edgar, seconded by Kennedy, to adopt the follow- ing: 7. RESOLUTION NO, 86-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR EMBOSSED CONCRETE MEDIAN PAVING IMPROVEMENTS The Director of Public Works responded to Councilman Edgar that this project will complete reconstruction of all existing islands throughout the City to the embossed concrete design. The embossed concrete design will be incorporated into future islands with initial construction. The Director responded to Mayor Saltarelli that the study to narrow islands along Newport Avenue from Irvine Boulevard to McFadden Avenue is near completion and will be presented to Council in December. The motion carried 5-0. 92 Consent Calendar Item No. 9 - Stop Sign Installation at Sycamore Avenue and Alder Lane - Councilman Kell~ questioned the eOhsis~en~y of plac- ing stop signs in the community and wondered if State mandates exist which require justification of same. The Director of Public Works responded to Council questions. Council discussion followed. It was moved by Edgar, seconded by Saltarelli, to adopt the following: g. RESOLUTION NO. 86-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESiGNATING PLACEMENT OF CERTAIN STOP SIGNS (SYCAMORE AVE. AND ALDER LANE} CITY COUNCIL MINUTES Page 3, 11-17-86 Councilwoman Kennedy expressed her support on the assumption that the consulting Traffic Engineer met the legal requirements of the State of California or he would not have recommended the stop sign installa- tion. The motion carried 5-0. 94 Consent Calendar Item No. 11 Tustin Ranch Road/Santa Ana Freeway Interchange - Councilwoman Kennedy~ stated she does not feel there is proper mitigation in today's technology of freeway building to protect the residential area abutting the interchange. She inquired what miti- gation levels staff will request from CalTrans when the design consul- tant is chosen. The Director of Public Works clarified that subject interchange is isolated from the freeway widening project, and all mitigating noise attenuation is the City's responsibility. It will be a locally-funded interchange, not CalTrans-funded. As the environmental document is reviewed and the design proceeds, the matter will be brought back to Council, and any concerns can be raised at that time. The Irvine Company will still assist with mitigations such as planting early, building walls, etc. The Director provided a timetable, stating construction would start in late 1988. The plan is to complete design of Tustin Ranch Road, and construct berming and/or sound walls, and landscaping for exposure to the Laurelwood development. Mayor Salta- relli noted that the City passed the bond issue to finance the project and can go beyond adequate mitigations if desired. Councilman Edgar stated that Council will be reviewing the environ- mental document and conduct a public hearing on the matter in March, 1987. That will be the appropriate time for Council to discuss project details and specifics. The Director stated the key issue is to coordi- hate this project with the I-5 widening project which will follow shortly thereafter. Hopefully, it will set the pace for the freeway widening project within Tustin. It was then moved by Saltarelli, seconded by Edgar, to approve the following: 11. TUSTIN RANCH ROAD/SANTA ANA FREEWAY INTERCHANGE Approve agreement with The Irvine Company for contract admin- istration of the Design Consultant's Agreement for subject interchange project; and authorize the Mayor and City Clerk to execute same as recommended by the Public Works Department/ Engineering Division. The motion carried 5-0. 45; 86-65 VII. ORDINANCE FOR INTRODUCTION 1. AMENDMENT TO SMOKING ORDINANCE - ORDINANCE NO, 979 It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 979 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 979 by the City Clerk, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 979 be introduced as follows: ORDINANCE NO. 979 - AN ORDINANCE OF THE CITY OF TUSTIN AMENDING ARTICLE IV, CHAPTER 1, OF THE TUSTIN MUNICIPAL CODE BY AMENDING SECTION 4122 RELATING TO THE SMOKING OF CIGARS AND PIPES IN CITY- OWNED BUILDINGS Councilman Kelly commented that this action is trivial and a waste of taxpayers money. He hoped that such trivial matters would be eliminated from the Council agenda in the future. Carried 5-0. 88 CITY C~UNCIL MINUTES Page 4, 11-17-86 VIII, ORDINANCES FOR ADOPTION None. AGENDA ORDER PUBLIC INPUT 1. UPGRADING OF TENNIS COURTS - MAGNOLIA TREE PARK Barry Ackerman, representing the Tustin Tennis Club, requested upgrading of lighting at the Magnolia Tree Park tennis courts. He suggested several options for same. The Director of Community and Administrative Services responded that staff has been in communication with Howard Luttrell, Presi- dent of the Tustin Tennis Club, on the matter. Approximately $5,000 is budgeted in Fiscal Year 1986-87 for upgrading of the courts. The tennis club has volunteered to donate additional funds. The work will be done in-house by the Public Works Department-Maintenance Division. 77 IX. OLD BUSINESS 1. MITCHELL AVENUE - HEATHERFIELD DRIVE TRAFFIC CONCERNS As requested in the inter-com dated November 14, 1986, prepared by the Public Works Department/Engineering Division, it was moved by Kennedy, seconded by Saltarelli, to continue subject item to December 1, 1986. Carried 5-0. 75 X. NEW BUSINESS 1.AWARD OF CONTRACT FOR "B" STREET & "C" STREET WATER MAIN IMPROVE- MENTS Bids for subject project were received on November 12 as follows: R. T. Construction, Santa Aria $112,439.50 Wilson Equipment Rental, Ontario $141,372.25 Spear Pipeline, Orange $148,994.15 Gillespie Construction, Costa Mesa $152,162.25 John T. Malloy, Los Angeles $157,732.50 Pursuant to the recommendation contained in the inter-com dated November 12, 1986, prepared by the Public Works Department/Engi- neering Division, it was moved by Edgar, seconded by Kelly, to award the contract for subject project to R. T. Construction, Santa Ana, in the amount of $112,439.50. The Director of Public Works responded to Mayor Pro Tem Hoesterey's concern that the low bid was almost 25% lower than the next bidder. Staff tabulated each item, investigated the contractor's background, and feels that it is a good, sound bid. The motion carried 5-0. 107 2. ASSUMPTION OF THAT PORTION OF THE COUNTY STREET LIGHTING MAINTE- NANCE DISTRICT SERVICING THE CITY OF TUSTIN RESOLUTION NO. 86-137 As recommended in the inter-com dated November 12, 1986, prepared by the Public Works Department/Engineering Division, it was moved by Kennedy, seconded by Kelly, to adopt the following: RESOLUTION NO. 86-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ASSUMING FROM THE COUNTY OF ORANGE STREET LIGHTING DISTRICT THOSE STREET LIGHTS LOCATED WITHIN THE CITY OF TUSTIN; AND THE ACCEPTANCE OF THE DIRECT TRANSFER FROM THE COUNTY OF ORANGE ALL PROPERTY TAX REVENUES ASSOCIATED WITH SAID STREET LIGHTS AS PRESCRIBED BY SECTION 99 OF THE REVENUE AND TAXA- TION CODE CITY COUNCIL MINUTES Page 5, 11-17-86 The Director of Public Works responded to Councilman Edgar that staff does have a tabulation on a map which shows areas which are not within the City's lighting district. Staff will provide Coun- cil with a copy of same. The motion carried 5-0. 63 Mayor Saltarelli extended thanks to Ken Scattergood, who is now in charge of the County Lighting Districts, and served for many years as Assistant Director of the Local Agency Formation Commission. 3. ESTABLISHING A DATE FOR A WORKSHOP REGARDING CITY LIABILITY INSUR- ANCE Following Council/staff discussion, Council concurred to conduct a workshop regarding City liability insurance on Monday, December 1, 1986, at 5:30 p.m, in the City Hall Conference Room. 59 XI, REPORTS 1. PLANNING COMMISSION ACTIONS - NOVEMBER 10, 1986 Councilwoman Kennedy expressed concern that the Planning CommiSsion Minutes of October 27, 1986, mention several times that Council relaxed requirements on sidewalk width from 8 feet to 5 feet. The Director of Public Works responded that two previous requests by developers for reduced parkway width have been approved by Coun- cil. He explained that the 8-foot width is standard for secondary and primary arterial highways, and Walnut is a primary arterial highway. When the industrial area was first developed in the early 1970's, the intent was to have as much landscaping for setback, and the standard industrial requirements did not require sidewalks. Since then, many industrial uses have generated employees who either walk or ride the transit system to work. A few years ago, the Planning Commission requested that an assessment district be initiated for sidewalks throughout the entire industrial develop- ment. It is a substantiated need because the area is not strictly industrial. In addition, many people walk to restaurants or sand- wich shops at the noon hour. The Director stated that sidewalks are a valid need for traffic safety, and staff feels 5 feet is ade- quate for the amount of traffic to be generated. It was then moved by Edgar, seconded by Kelly, to ratify the entire Planning Commission Action Agenda of November 10, 1986. The motion carried 5-0. 80 2. INVESTMENT SCHEDULE AS OF OCTOBER 31, 1986 It was moved by Saltarelli, seconded by Hoesterey, to receive and file subject report dated November 12, 1986, prepared by the Finance Department. Carried 5-0. 50 XII. OTHER BUSINESS 1. INTRODUCTION OF CHRISTINE SHINGLETON, DIRECTOR OF COMMUNITY DEVEL- OPMENT The City Manager introduced Chris Shingleton, newly,appointed Director of Community Development, whose first day on the job was November 17, 1986. Additionally, the City Manager acknowledged the fine job the Com- munity Development staff did during the recruitment period. 79 2. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session to meet with its desig- nated representatives regarding labor relations matters pursuant to Government Code Section 54967.6. CITY COUNCIL MINUTES Page 6, 11-17-86 3, SOLID WASTE COLLECTION FEES For the benefit of audience members who dia not attend the November 3 meeting, Mayor Saltarelli announced Council's decision to refund $10.70 to residents who have paid their bill for solid waste collection. 102 4. WELCOME TO CHRISTIRE SHINGLETON The Mayor extended a welcome to the new Community Development Director on behalf of the City Council. 79 5. POSSIBLE ANNEXATION OF NORTH TUSTIN AREA Mayor Saltarelli introduced Dessa Schroeder, North Tustin Municipal Advisory Council representative. He reported that Councilman Edgar, Planning Commissioner Weil, the City Manager, he and members of the North Tustin Municipal Advisory Council met regarding possi- ble annexation of the North Tustin area. Council will be informed as to what transpired there and another meeting will be scheduled in December. 24 6. CLOCK ON EL CAMINO REAL Councilwoman Kennedy~.requested ~that if it's the City's responsi- bility, that the clock downtown on E1 Camino Real be corrected to standard time. 60 7, WEEDS AT CAR WASH ON NEWPORT AVENUE Councilwoman Kennedy reported she has received several complaints that weeds at the car wash are abundant which detracts from the City. 8. REQUEST FOR ADDITIONAL STREET LIGHTING ON "C" STREET Councilwoman Kennedy stated that the McCharles House and Tustin Presbyterian Church have requested additional street lighting along "C" Street. 63 9. RESTAURANTS IN FRENCH QUARTERS ENTER ON SEVENTEENTH STREET Mayor Pro Tem Hoesterey requested an update report on restaurants in the French Quarters center on Seventeenth Street, since it appears that progress has come to a halt. 81 10. POTHOLES ON ANA TREE PLACE Mayor Pro Tem Hoesterey reported that one of the utilities put three holes in the street and patched only two. 95 11. LONGEST CONSECUTIVE TERM AS COUNCILMEMBER - DONALD J. SALTARELLI Councilman Edgar noted that this evening Don Saltarelli has served as City Councilman for 14 years, 6 months, 29 days. This surpasses the previous record for continuous service of 14 years, 6 months, 28 days held by Mr. Kiser and Mr. Logan who were elected when the City was incorporated in 1927. Two other individuals who served longer but not continuously were Mr. Kidd at 17 years, and Mr. Humeston at 15. He felt it appropriate to celebrate at the December I meeting in an appropriate manner to honor the longest surviving Councilman in Tustin. 38 12. CITY'S 60TH ANNIVERSARY CELEBRATION Councilman Edgar stated that the City of Tustin will reach its 60th Anniversary of Incorporation on September 21, 1987. He reported that he has asked Mrs. Frank (Margaret) Greinke to chair a celebra- tion of the event. 38 CITY COUNCIL-MINUTES Page 7, 11-17-86 13. JOHN WAYNE AIRPORT - NOISE POLLUTION Councilman Kelly requested Council indulgence to reconsider sending another letter to the County Health Department to again request that the sound monitoring stations be moved toward the southeastern section of town to detect helicopter noise pollution in that area. He stated that the units are mobile, and they should be moved because they've been at the same location for such a long time and haven't detected any violations. He recalled that Councilman Edgar mentioned that all documentation he's received shows there's been no violation of the db regulations. Councilman Kelly stated that if Council experienced the noise pollution firsthand, they would be more sympathetic to his request. He stated he could specify when noise violations occur in impacted areas downtown. He added that he has been in these areas where people with inexpensive, unsophisticated noise monitors have detected violations from military aircraft and commercial jets, Council/staff discussion followed. Councilman Edgar suggested that the City contract with a consultant or obtain its own equipment to monitor sound levels and record same at specific locations. It was noted that the Cities of Fullerton and Costa Mesa have obtained their own sound monitoring equipment. Councilwoman Kennedy concurred with Councilman Edgar's suggestion. However, she assumed that the Federal Government would not fall under any other agencies' sound Standards and the City would not have any control there. Nonetheless, she added that commercial jets were taking off over Tustin as late as 1:00 a.m. last Satur- day. The City should be able to obtain compliance at John Wayne Airport during the restrictive hours of 11:00 p.m. to 7:00 a.m. She felt it appropriate that the Mayor send a letter in this regard. The Mayor indicated he and the City Manager would look into both matters and report back to Council. 101 XIII. RECESS - REDEVELOPMENT; CLOSED SESSION - ADJOURNMENT At 7:47 p.m., it was moved by Kennedy, seconded by Edgar, to recess to the Redevelopment Agency; thence to a Closed Session to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54967.6; and thence adjourn to a Workshop regarding Liability Insurance at 5:30 p.m. on Monday, December 1, 1986, in the City Hall Conference Room; and thence to the next Regular Meet- ing on Monday, December 1, 1986, at 7:00 p.m. Carried 5-0. ' , /MAYOR ~