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HomeMy WebLinkAboutCC MINUTES 1986 08 04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUGUST 4, 1986 I, CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:03 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Mayor Pro Tem Hoesterey, and the Invocation was given by Mayor Saltarelli. II. ROLL CALL Councilpersons Present: Donald J. Saltarelli, Mayor Ronald B. Hoesterey, Mayor Pro Tem Richard B. Edgar John Kelly Councilpersons Absent: Ursula E. Kennedy Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Robert S. Ledendecker, Dir. of Public Works Charles R. Thayer, Chief of Police Rob Balen, Planning Consultant Jeff Davis, Associate Planner Janet Pester, Administrative Secretary Approximately 40 in the 'audience III, PUBLIC HEAJIING 1, PROPOSED ANNEXATION NO, 137 DIAt4ONU HEAD/GARLAND RESOLUTION NO. 86-87 "" Mayor Saltarelli opened the public hearing at 7:05 p.m. Nancy Gamson, 1542 Kalua Lane, stated she did not see any advan- tages in being annexed toTustin. Mr. McNally, 1541 Kalua Lane, was informed that he would need to obtain a City business license to operate a photography studio in his home. Bob Johnson, 13222 Woodland Drive, spoke in favor of subject annexation. Jerry Well, 1702 Summerville, was informed that there is no limit to how many acres can be annexed to the City without a vote of existing residents. There were no other speakers, and the public hearing was closed at 7:15 p.m. It was moved by Edgar, seconded by Kelly, to adopt the following: RESOLUTION NO. 86-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MAKING APPLICATION FOR THE ANNEXATION OF TERRITORY KNOWN AS DIAMOND HEAD ANNEXATION NO. 137 TO THE CITY OF TUSTIN After Council discussion, the motion carried 4-0, Kennedy absent. 24 IV, PUBLIC INPUT 1, MOVIE THEATER IN TUSTIN Tim Bryan, Clarissa Lane resident, questioned when a movie theater would be constructed in Tustin. He was informed that the City is currently working with The Irvine Company for construction of an Edwards Cinema complex in the vicinity of Myford Road and the Santa Ana Freeway, hopefully within 18 months to two years. CITY COUNCIL MINUTES Page 2, 8-4-86 V. CONSENT CALENDAR Item No. 11 was removed from the Consent Calendar by Kelly; Item No. 12 was removed by staff for consideration under New Business (see Page 4). It was then moved by Hoestere~, seconded by Edgar, to approve the remainder of the Consent Calendar. Carried 4-0, Kennedy absent. 1. APPROVAL OF MINUTES - JULY 21, 1986, REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,167,252.97 RATIFICATION OF PAYROLL IN THE AMOUNT OF $138,834.83 50 3. REJECTION OF CLAIM NO. 86-36; CLAIMANT: COURTNEY SPECK; DATE OF LOSS: 4/1/86; DATE FILED WITH CITY: 7/14/86 Rejected subject claim as recommended by the City Attorney. 40 4. REJECTION OF CLAIM NO, 86-24; CLAIMANT: ROBERT MICHAELS; DATE OF LOSS:5/17/86; DATE FILED WITH CITY: 5/29/86 Rejected subject claim as recommended by the City Attorney. 40 5. RESOLUTION NO. 86-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FIXING AND DETERMINING THE AMOUNT OF REVENUE REQUIRED FROM PROPERTY TAXES OF THE CITY OF TUSTIN AND FIXING THE RATE OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO SERVICE THE DEBT OF THE GENERAL OBLIGATION BONDS OF THE CITY FOR THE FISCAL YEAR 1986-87 Adopted Resolution No. 86-97 as recommended by the Finance Department. 97 6. DECLARATION OF SURPLUS EQUIPMENT & AUTHORIZATION TO AUCTION SAME Declared the rolling stock/vehicles listed in the staff report as surplus; and authorized the sale of same by Porter Auction as recommended by the Public Works Department/Engineering Divi- sion. 87 7o RESOLUTION NO. 86-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT NO CHANGES HAVE OCCURRED WITH RESPECT TO THE PROPOSED NEWPORT AVENUE GRADE CROSSING Adopted Resolution No. 86-98 as recommended by the City Manager. 95 8. RESOLUTION NO. 86-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE LOUDSPEAKER CRITERIA FOR THE TUSTIN AUTO CENTER Adopted Resolution No. 86-94 pursuant to City Council action on July 21, 1986. 81 9. RESOLUTION NO. 86-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A FEE SCHEDULE FOR ANIMAL SHEL- TER AND ANIMAL CONTROL SERVICES AS PROVIDED BY THE COUNTY OF ORANGE Adopted Resolution No. 86-92 as recommended by the Community Development Department. 22 10. RESOLUTION NO. 86-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 86-201 LOCATED AT 2472, 14451 AND 14471 CHAMBERS ROAD Adopted Resolution No. 86-88 pursuant to City Council action on July 21, 1986. 99 Consent Calendar Item No. 11 - Tentative Tract Map No. 12719 - Council- man Kelly referenced Item No. 11 of Planning Commission Resolution No. 2348 which states that "CC&R's must be prepared and submitted for review and approval prior to recordation of the final map. The City shall be made a party, for enforcement purposes, of said CC&R's . . " He was opposed to the City's role at enforcing CC&R's (Covenants, Con- ditions & Restrictions). At Mayor Saltarelli's request,-the City Attorney stated that typically the City has the right, in the manner that CC&R's are required to be written, to enforce same. He did not recall any instance where the CITY COUNCIL MINUTES Page 3, 8-4-86 City has ever done so. The purpose in being a party to the CC&R's is so that the City has knowledge of how they're structured to begin with, and so that they can't be revised without the City's approval. That has been the extent of the City's involvement in the CC&R's histori- cally. Councilman Kelly indicated his concerns were answered satisfactorily. It was moved by Saltarelli, seconded by Edgar, to adopt the following: 11. RESOLUTION NO, 86-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT NAP NO. 12719 Adopted Resolution No. 86-95 as recommended by the Community Development Department. The motion carried 4-0, Kennedy absent. 99 VI, ORDINANCES FOR INTRODUCTION None. VII, ORDINANCES FOR ADOPTION None. VIII, OLD BUSINESS 1, CONSOLIDATION OF GENERAL. MUNICIPAL ELECTIONS Mayor Saltarelli reviewed the background on subject item and enu- merated the responses received from Orange County Mayors on their views pertaining to consolidated elections. Councilman Kelly expressed disappointment that more responses were not received and that not enough information was provided by. some responding cities. He felt less emphasis should be placed on the increased cost to political candidates in consolidated elections. He spoke on the merits of conso!idating the City's general munici- pal elections with the County of Orange: 1) Higher percentage of voter turnout; and 2) tremendous cost savings to the City. It was moved by Kelly, seconded by Saltarelli, to consolidate Tustin's General Municipal Elections in November. Mayor Pro Tem Hoesterey suggested waiting until the State's deci- sion on when it will conduct the primary elections. Helen Edgar, 13622 Loretta Drive, reported that the Democratic State convention was held two weeks ago in Anaheim. They are recommending to the State Legislature to change the June primary to either March or April. She also suggested waiting until the legis- lature makes a decision. Jerry Weil, 1702 Summerville, spoke in opposition to consolidating the City's general municipal election. He cited good local govern- ment accountable to concerned voters through the City conducting its own elections. Councilman Edgar acknowledged that consolidation would result in higher voter turnout and decreased election costs. However, he suggested continuance of the matter until more data is obtained. Council man Kelly urged Council to vote in favor of the motion. Council debate followed. Richard Vining, 400 West Main Street, spoke in defense of Tustin voters and stated that he considers each issue independently. A substitute motion was made by Saltarelli, seconded by Edgar, to table consolidation of General Municipal Elections. The motion carried 4-0, Kennedy absent. 48 CITY COUNCIL MINUTES Page 4, 8-4-86 IX. NEW BUSINESS AGENDA ORDER - ITEM FROM CONSENT CALENDAR MOVED TO NEW BUSINESS 12. AWARD OF CONTRACT FOR EL MODENA-IRVINE CHANNEL (FACILITY F07) IMPROVEMENTS, REACH I & REACH II, FOR ASSESSMENT DISTRICT 85-1 (PHASE V-A) & (PHASE V-B) Bid opening for subject project was July 29, 1986, and one bid was received as follows: , K.E.C. Company, Corona $8,294,078.50 As recommended in the inter-com dated August 4, 1986, prepared by the Public Works Department/Engineering Division, it was moved by Edgar, seconded b~/Hoestere~/, to award the contract for subject project to K.E.C. Company (sole bidder), Corona, in the amount of $8,294,078.50. The motion carried 4-0, Kennedy absent. 25 1.PREPARATION OF SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT - EAST TUSTIN DEVELOPMENT AGREEMENT It was moved by Saltarelli, seconded by Edgar, to authorize the Mayor and City Clerk to execute contracts and agreements between the City and The Irvine Company necessary for the finn of Michael Brandman Associates, Inc., to prepare the subject Supplemental Environmental Impact Report as recommended in the int'er-com dated August 4, 1986, prepared by the Community Development Department. Carried 4-0, Kennedy absent. 45 86-39; 86-40 X. REPORTS 1. PLANNING COMMISSION ACTIONS - JULY 28, 1986 It was moved by Hoesterey, seconded by Edgar, to ratify the entire Planning Commission Action Agenda of July 28, 1986. The motion carried 4-0, Kennedy absent. 80 XI. OTHER BUSINESS 1, REQUEST FOR CLOSED SESSION The City Manager requested the City Council recess to a Closed Ses- sion to discuss personnel matters pursuant to Government Code Sec- tion 54957. 2.ADJOURNED REGULAR MEETING ON AUGUST 11, 1986 - ASSESSMENT DISTRICT NO. 85-1 The City Manager requested that the City Council adjourn tO an Adjourned Regular Meeting on Monday, August 11, 1986, for final approval of the bond sale. He stated that representatives from Merrill Lynch (the underwriter for the bond issue), Bartle Wells (financial consultant), and Mudge, Rose & Guthrie (co-bond counsel) were present to respond to Council questions. A brief discussion period followed. 25 3, CHANGE OF OWNERSHIP - COMMUNICOM CABLE TELEVISION FRANCHISE The City Attorney responded to Councilman Edgar that CommuniCom's franchise requires that no change in ownership can be effected without prior approval of the City Council. When it was learned that a sale was in progress, CommuniCom was contacted, staff was advised, and a lot of material was received indicating a proposed sale was in the process of being consummated. It will be a very lengthy proceeding, involving bankruptcy court, all creditors, etc. Before the sale is actually consummated, approval of the City and all other jurisdictions where CommuniCom has a franchise will have to be procured. CITY COUNCIL MINUTES Page 5, 8-4-86 4. STRIPING OF STREETS IN PEPPERTREE Mayor Pro Tem Hoesterey thanked staff for doubl e-yellow striping the "s" curve on Raintree Lane through Ana Tree Place in Peppertree per his request of June 16, 1986. 95 5. JOHN WAYNE AIRPORT NOISE Councilman Kelly informed Council he has begun working with a group of citizens who are embarking on organizing a committee vehemently opposed to operations of John Wayne Airport relative to noise levels and safety hazards. He correlated the City's successful battle against the Bullet Train threat to his desire to modify operations at John Wayne Airport. Council acknowledged receipt of a proposed letter distributed by Councilman Kelly on the matter. Mayor Saltarelli firmly stated that the Council's steadfast posi- tion has not been to close John Wayne Airport, but to encouragea slowly-phased increase of flights, to keep those flights limitedin number, to keep flight paths within one degree (tried to move another one-half degree) over the Newport Freeway where they would have less impact in the City of Tustin, and to support the con- tinued operation on the basis that flights take off over Newport Beach and not over Tustin. He stated he would want time for very serious study of what Councilman Kelly is proposing before he would be willing to commit his vote for taking anything to the Board of Supervisors and attacking operations of the airport. Councilman Edgar stated that until there is clearly identified evi- dence that there is deviation from State-mandated noise standards, he would be reluctant to participate in any kind of lawsuit. He added that he has not seen evidence that State standards are being -" violated, even though it may be a distasteful situation. Council- man Edgar explained why the Council was successful in its fight ~ against the Bullet Train because it was not in compliance with environmental law, whereas John Wayne Airport is in compliance. Mayor Saltarelli suggested that if Council desires, the matter be agendized in the future for proper staff input. Mayor Pro Tem Hoesterey stated that once the noise monitors are relocated, suffi- cient data can be collected, and it would then be proper for Coun- cil to take a position. The City Attorney responded to Council that the City is preempted by State and Federal law from regulating noise levels caused by airplanes flying overhead. The Mayor asked Councilman Kelly to prepare a memo to Council requesting specific action he would like on the matte~. 101 6. REMOVAL OF POLITICAL SIGNS FROM JUNE PRIMARY ELECTION Councilman Kelly requested that staff enforce removal of campaign signs which have been posted since the June primary election. 93 7. DRUG TESTING OF CITY EMPLOYEES Council concurred with Mayor Saltarelli that the City Attorney's office pursue the possibility of establishing a policy on drug testing of public employees, including elected officials, both as a requirement for employment and for existing employees. 79 8. PUBLIC NUISANCE ABATEMENT AT 17592 AMAGANSET '" ' ' In response to Mayor Pro Tem Hoesterey, the City'Attorney reported on a meeting which was held earlier in the day regarding legal actions to be taken regarding the public nuisance abatement at 17592 Amaganset. 81 CITY COUNCIL MINUTES Page 6, 8-4-86 XII. RECESS - REDEVELOPRENT; CLOSED SESSION - RECONVENED At 8:14 p.m. it was moved by Hoesterey, seconded by Edgar, to recess to the Redevelopmerit Agency and thence to a Closed Session for discussion of personnel matters pursuant to Government Code Section 54957. Motion carried 4-0, Kennedy absent. The meeting was reconvened at 9:15 p.m. with Councilwoman Kennedy absent. XIII. ACTIONS FROM CLOSED SESSION - PERSONNEL MATTERS It was moved by Hoesterey, seconded by Edgar, to authorize the follow- ing classifications to be added to the City's Job Classification Plan: Position Monthly Salary Range City Planner $2,962 - $3,600 Mechanics Helper $1,357 - $1,649 Property Aide $1,301 - $1,581 Senior Public Works Inspector $2,520 - $3,063 Personnel Assistant $2,321 - $2,821 Engineering Services Manager $3,428 - $4,167 Field Services Manager $3,428 - $4,167 The motion carried 4-0, Kennedy absent. 79 It was moved by Hoesterey, seconded by Edgar, to authorize the City Manager to retain Hughes, Heiss & Associates to perform the recruitment for the positions of Engineering Services Manager and Field Services Manager. Motion carried 4-0, Kennedy absent., 79 It was moved by Hoesterey, seconded by Edgar, to authorize the City Manager to retain Ralph Anderson & Associates to perform the recruit- ment for the Director of Community Development. Carried 4-0, Kennedy absent. 79 It was moved by Hoesterey, seconded by Edgar, to notify~Earl Rowenhorst and Reed Jensen that their current employment agreements will not be renewed or extended upon their expiration. Carried 4-0, Kennedy absent. 79 XIV. ADJOURNMENT At 9:17 p.m. the meeting was adjourned by unanimous informal consent to an Adjourned Regular Meeting on Monday, August 11, 1986, at6:00 p.m. regarding Assessment District No. 85-1 bond financing; and thence to the next Regular Meeting on Monday, August 18, 1986, at 7:00 p.m. LE MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUGUST 11, 1986 I. LACK OF QUORUM; ADJOURNMENT The m~eting was adjourned due to lack of a quorum to the next Regular Meeting on August 18, 1986, at 7:00 p.m.