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HomeMy WebLinkAboutCC MINUTES 1986 07 21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA JULY 21, 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 Edgar, and the Invocation was given by Council- woman Kennedy. II. ROLL CALL Councilpersons Present: Donald J, Saltarelli, Mayor Ronald B.. Hoesterey, Mayor Pro Tem Richard B. Edgar John Kelly Ursula E. Kennedy Councilpersons Absent: None Others Present: William A. Huston, City Manager Alan Watts, Deputy City Attorney Eva A. Nava, Deputy City Clerk Edward M. Knight, Senior Planner Robert S. Ledendecker, Dir. of Public Works Captain Fred Wakefield, Police Department ROYleen A. White, Dir. of Com. & Admin. Srvcs. Ronald A. Nault, Finance Director Susan Jones, Recreation Superintendent Approximately 30 in the audience III. SPECIAL PRESENTATION 1, DONATION BY HEALTHCARE MEDICAL CENTER OF TUSTIN TO TUSTIN AREA """, SENIOR CENTER FUND, INC. Mike Fields and Barbara Keene, Healthcare Medical Center of Tustin, presented a $1,000 donation to the Tustin Area Senior Center Fund, Inc. Margarete Thompson and Jim Kane accepted the donation and expressed thanks on behalf of the Steering Committee for a Senior Center. 41 IV. PUBLIC HEARING l. EAST TUSTIN ASSESSMENT DISTRICT NO. 85-1 -RESOLUTION NO. 86-89 & RESOLUTION NO. 86-93 Gary Diesart, Willdan Associates, Inc., assessment engineer for subject district, presented the staff report and recommendation as contained in the memoranda dated July 21, 1986, prepared by the Department of Public Works/Engineering Division and Community Development Department. Mr. Diesart responded to Council ques- tions. The public hearing was opened by Mayor Saltarelli at 7:10 p.m. There were no speakers on th!e matter~ and the public hearing was closed. Council/staff/consultant discussion followed regarding the amount of assessment to each individual parcel. Keith Greer, The Irvine Company, stated that the increase in tax for this property over and above other Tustin properties would be in the magnitude of .05% or approximately $600 per year on a $120,000 home which will not be over-imposing on future home- owners. He stated that typically properties with the higher burden to bear are commercial retail properties which The IrVine Company plans to continue to own. As recommended by the Deputy ~ity Attorney, it was moved by HoestareS, seconded by Edgar, to adopt the following: CITY COUNCIL MINUTES Page 2, 7-21-86 RESOLUTION NO. 86-89 - A RE~OLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORTS (EIR) 85-2 AND 84-3, AS REQUIRED BY THE CALIFORNIA ENVIRON- MENTAL QUALITY ACT The motion carried 5-0. 25 It was moved by Edgar, seconded by Hoesterey, to adopt the follow- ing: -- RESOLUTION NO. 86-93 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE ASSESSMENT IN THE CITY OF TUSTIN ASSESSMENT DISTRICT NO. 85-1, ORDERING THE PROPOSED IMPROVE- MENTS TO BE MADE, AND DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE MONEY Motion carried 5-0. 25 It was moved by Hoesterey, seconded by Edgar, to approve utility agreements subject to final approval by the City Attorney's office as they relate to the following utility companies: SOuthern California Edison Company, Southern California Gas Company, Pacific D Bell, Community Cable Television, and Irvine Ranch Water istrict; and authorize the Mayor and City Clerk to execute same. Carried 5-0. 45; 86-31 86-32; 86-33 86-34; 86-35 V. PUBLIC INPUT 1. TUSTIN CHAMBER OF COMMERCE James Kincannon, Tustin Chamber of Commerce, requested the possi- bility of installing wishing well logo signs at the freeway off- ramps. There was Council consensus that staff review placement Of subject signs along Red Hill Avenue, and that the former Community Development Director's plan for City entry signs be brought baak for Council review. 93 VI. CONSENT CALENDAR Item No. 1 was removed from the Consent Calendar by Kelly; and Item No. 11 was removed by staff. It was moved by Edgar, seconded by Kennedy, to approve the remainder Of the Consent Calendar. The motion carried 5-0. 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,002,559.84 RATIFICATION OF PAYROLL IN THE AMOUNT OF $135,208,45 50 3, REJECTION OF CLAIM NO. 86-27; CLAIMANT: STATE FARM/ROBERTS; DATE OF LOSS: 3/14/86; DATE FILED WITH CITY: 6/5/86 Rejected subject claim as recommended by the City Attorney. 40 4. REJECTION OF CLAIM NO. 86-31; CLAIMANT: JOE B, COYKENDALL; DATE OF LOSS: 4/7/86; DATE FILED WITH CITY: 6/23/86 Rejected subject claim as recommended by the City Attorney. 40 5o REJECTION OF CLAIM NO. 86-32; CLAIMANT: CATHERINE BANKSTON; DATE OF LOSS: 4/22/86; DATE FILED WITH CITY: 6/23/86 Rejected subject claim as recommended by the City Attorney, 40 6, REJECTION OF CLAIM NO; 86;33; CLAIMANT: MARK BANKSTON; DATE OF LOSS: 4/22/86; DATE FILED WITH CITY: 6/23/86 Rejected subject claim as recommended by the City Attorney. 40 7. REJECTION OF CLAIM NO. 86-34; CLAIMANT: ABEL CASTILLO; DATE OF LOSS: 3/16/86; DATE FILED WITH CITY: 6/24/86 Rejected subject claim as recommended by the City Attorney. · 40 CITY COUNCIL MINUTES Page 3, 7-21-86 8. REJECTION OF CLAIM NO. 86-35; CLAIMANT: JOSEPH CAVALLO; DATE OF LOSS: 3/19/86; DATE FILED WITH CITY: 6/27/86 Rejected subject claim as recommended by the City Attorney. 40 9. HOLT AVENUE/IRVINE BOULEVARD UTILITY UNDERGROUND DISTRICT NO. 8 Approved subject agreement with the Southern California Edison Company pursuant to Section B of the Utility's Rule No. 20; authorized the Mayor to execute same; and authorized the pay- ment of funds in the estimated amount of $35,603 to Southern California Edison Company as recommended by the Public Works Depa rtment/Engi neeri ng Di vi s i on. 104 45; 86-36 10, PROPOSED DIAMOND HEAD/GARLAND ANNEXATION NO. 137 Authorized staff to advertise a public hearing for August 4, 1986, on the City Council's intent to adopt a resolution as application for subject annexation to the City of Tustin as recommended by the Community Development Department. 24 Consent Calendar Item No. I - Minutes of July 7, 1986 - Councilman Kelly requested that page 3 be amended to reflect introduction of Ordi, nance No. 974 (Solid Waste Collection Fees Placed on Tax Rolls) on a 4-1 vote, Kelly opposed. Mayor Saltarelli noted that Councilman Kelly did not express an opposing vote. Councilman Kelly stated that due to his disgust on the matter, he did not express his opposition. Council concurred to amend the minutes to reflect same. 1. APPROVAL OF MINUTES - JULY 7, 1986, REGULAR MEETING (As Amended) JULY 14, 1986, ADJOURNED REGULAR MEETING VII. ORDINANCES FOR INTRODUCTION None. VIII. ORDINANCE FOR ADOPTION 1. SOLID WASTE COLLECTION FEES PLACED ON TAX ROLLS - ORDINANCE NO. 974 It was moved by Kennedy/, seconded by Edgar, that Ordinance No. 974 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 974 by the Deputy City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 974 be passed and adopted as fol lows: ORDINANCE NO, 974 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 5473 ET SEQ OF THE HEALTH & SAFETY CODE OF THE STATE OF CALIFORNIA, FINALLY APPROVING AND ADOPTING A REPORT RELATIVE TO PARCELS OF REAL PROPERTY RECEIVING SOLID WASTE COLLECTION SERVICES, DETERMINING THAT A MAJORITY PROTEST HAS NOT BEEN MADE, AND DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION TO BE ASSESSED AGAINST THE RESPECTIVE LOTS OR PARCELS OF LAND AS THEY APPEAR ON THE CURRENT ASSESSMENT ROLL. Roll Call Vote: AYES: Edgar, Hoesterey, Kennedy, Saltarelli NOES: Kelly ABSENT: None 97 AGENDA ORDER CONSENT CALENDAR ITEM NO.11 Consent Calendar Item No. 11 - Tentative Parcel Map 86-201, Resolution No. 86 - -88 - The City Manager redirected Council consideration to sub- ject item. The Director of Public Works presented the amended staff report and recommendation as contained in the inter-com dated July 17, 1986, pre- pared by the Public Works Department/Engineering Division. CITY COUNCIL MINUTES Page 4, 7-21-86 It was moved by Edgar, seconded by Kennedy, to approve Parcel Map 86- 201 as presented, except that sidewalks be requi red on both street frontages of Walnut Avenue and Chambers Road and that the width of sidewalk be reduced from 8.0 feet to 5.0 feet, except at locations where permanent objects exist such as street lights and fire hydrants, the sidewalk would be widened to provide a minimum clear width of 5.0 feet. The motion carried 5-0. 99 Note: NO COUNCIL ACTION was taken on the foll owing at this time: 11. 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 as recommended by the Community Development Department. 99 IX. OLD BUSINESS 1. TUSTIN AUTO CENTER LOUDSPEAKER CRITERIA The Senior Planner presented the staff report as contained in the inter-com dated July 21, 1986, prepared by the Community Develop- ment Department. A question-and-answer period followed. Herbert Huber, 13880 Dall Lane, Santa Aria, read a letter to the Council from Dr. A. J. Hughes, 1752 Lance Drive, dated July 18, 1986, urging amendment to Planning Commission Resolution No. 2334, Exhibit A, as described by Mr. Huber. Mr. Huber spoke in opposition to the loudspeakers. He also requested restricting use of loudspeakers on weekends in addition to government holidays. Mr. Huber introduced the following speaker: Brett Fallavollita, 5712 Verano Place, Irvine, UCI, spoke on the adverse effects of noise on people, both mentally and physically. He responded to Council questions. At the Mayor's request, the Senior Planner reiterated staff's recommendation. It was then moved by Edgar, seconded by Saltarelli, to:. 1) Approve the Planning Commission criteria as adopted in Resolu- tion No. 2334; 2} Loudspeakers cannot be used on holidays (City of Tustin offi- / cial holiday list); 3) A dealer who wants to expand the hours or use of his loud- speaker system must be heard by the Planning Commission with notification through an interest list on file with the City for the Tustin Auto Center, advertisement in paper 10 days prior to the hearing, and notification to owners/renters within a 300- foot radius; 4) Loudspeakers would be set at a maximum combined courtyard sound level of 72 dba; and 5) The matter be brought back to the Planning Commission for review after 18 months, With notification, to determine if it is a nuisance. Councilmembers Hoesterey and Kelly spoke in favor of the motion. Councilwoman Kennedy felt that the City's existing sound criteria is not stringent enough to resolve noise nuisances, and requested wording for a built-in remedy stronger than what currently exists to protect existing and future residential communities. The Deputy City Attorney responded that the matter is more a factual situation than one resolved by whether or not the word "nuisance" is inserted in the resolution. The motion carried 4-1, Kennedy opposed. 81 CITY COUNCIL MINUTES Page 5, 7-21-86 X, NEW BUSINESS 1. MYFORD ROAD/JAMBOREE ROAD EXTENSION BETWEEN EDINGER AVENUE (MOULTON PARKWAY) AND BARRANCA ROAD FUNDING AGREEMENT As recommended in the inter-com dated July 14, 1986, prepared by the Public Works Department/Engineering Division, it was moved by Edgar, seconded by Hoestere~, to approve the Road Funding Agreement ~ between the City of Tustin, the City of irvine, and The Irvine Com- pany for extension of Myford Road/Jamboree Road through MCAS- , Tustin; and authorize the Mayor and City Clerk to execute same. At Councilman Edgar's request, the Director of Public Works pro- vided a timetable for subject project. Council/staff discussion followed. Mayor Saltarelli requested that staff monitor the phas- ing of the West Park development in Irvine which was conditioned upon construction of subject road. Motion carried 5-0. 45; 86-37 2, PARKING RESTRICTIONS ON WEST SIDE OF CENTENNIAL BETWEEN FIRST AND SECOND STREETS Pursuant to the recommendation contained in the inter-com dated July 3, 1986, prepared by the Public Works Department/Engineering Division, it was moved by Hoesterey, seconded by Edgar, to restrict all curb parking on the west side of Centennial Way between First and Second Streets. Councilwoman Kennedy requested trimming of trees in subject area. Following Council/staff discussion, the motion carried 5-0. 75 XI. REPORTS 1. PI.ANNING COMMISSION ACTIONS - JULY 14, 1986 After a brief question-and-answer period, it was moved by Hoestere~, seconded by Edgar, to ratify the entire Planning Commis- sion Action Agenda of July 14, 1986. Carried 5-0. 80 2. INVESTMENT SCHEDULE AS OF JUNE 30, 1986 It was moved by Hoestere~, seconded by Edgar, to receive and file subject report dated July 14, 1986, prepared by the Finance Depart- ment. Motion carried 5-0. 50 3. TRAFFIC SIGNAL MODIFICATION (LEFT-TURN PHASING) AT 17TH STREET & YORBA STREET (NORTH)/ENDERLE CENTER WAY Councilman Edgar clarified that his request on the possibility of a left-turn pocket and arrow at Yorba turning west onto 17th is v/here Yorba becomes Carroll Way north of 17th Street, one block west of Enderle Center Way The Director of Public Works apologized for the misunderstanding. He indicated staff would reevaluate the Yorba Street/Carroll Way & 17th Street intersection and report back on the matter. 94 ~ XII. OTHER BUSINESS 1. WALK-ON ITEM - PROPOSED RELOCATION OF SANTA ANA LINCOLN-MERCURY IN THE TUSTIN AUTO CENTER - RESOLUTION NO. 86-85 The City Manager presented the staff report and recommendation as contained in the inter-com dated July 15, 1986, prepared by the City Attorney's office. It was moved by Kennedy, seconded by Edgar, to adopt the following: RESOLUTION NO). 86-85 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING AND DECLARING THE PUBLIC BENEFIT OF AND SUPPORT FOR THE RELOCATION OF SANTA ANA LINCOLN-MERCURY MOTOR VEHICLE DEALERSHIP TO THE TUSTIN AUTO CENTER CITY COUNCIL MINUTES Page 6, 7-21-86 The motion carried 5-0. 81 2. WALK-ON ITEM - PLANNING CONSULTANT AGREEMENT WITH LSA As recommended in the inter-com dated July 21, 1986, prepared by the City Manager, it was moved by Kennedy, seconded by Hoesterey, to authorize the Mayor to execute an agreement with the firm of LSA, Newport Beach, for planning services at the rate of $60.00 per hour subject to the City Attorney's approval of the form of the agreement. After a brief question-and-answer period, the motion carried 5-0. 45; 86-38 3, WIDENING/UTILITY UNDERGROUNDING ON YORBA STREET BETWEEN FIRST & IRVINE BOULEVARD Councilman Edgar requested staff conduct a preliminary study on the cost of widening and undergrounding utilities on Yorba Street between First Street and Irvine Boulevard with AHFP funds. The Director of Public Works clarified that Yorba is still on the arterial system. The City had a widening project approved that was withdrawn because of neighborhood objection at the time to maintain the residential atmosphere. Since then, many properties have been rezoned and converted ~to office/professional-type use. Widening would require an additional 15-foot right-of-way on the easterly side, 'and an additional 15 feet on the westerly side. 95 4, CONGRATULATIONS TO SENIOR PLANNER EDWARD M, KNIGHT ON APPOINTMENT AS DIRECTOR OF DEVELOPMENT SERVICES IN SEAL. BEACH council joined Councilwoman Kennedy in extending congratulations to Ed Knight upon his recent appointment as Director of Development Services in Seal Beach effective AugUst 4, 1986, and thanked him for the excellent job he has done. 79 5, REQUEST FOR PROCLAMATION - TUSTIN HIGH TILLERS BASEBALL TEAM Mayor Pro Tem Hoesterey requested a proclamation for the Tusti:n High Tillers baseball team on their efforts last May in the CIF pl ayof fs. 84 6. FRIVOLOUS CLAIMS AND LAWSUITS Mayor Pro Tem Hoesterey noted a recent newspaper article wherein judges are beginning tb impose fines on attorneys who file frivo- lous claims and create additional costs for the courts. In response to Councilman Hoesterey that the City do something similar, the Deputy City Attorney stated that the City Attorney's office can and does review such matters. In the appropriate case, Tustin could and would try to proceed against the filet of a frivo- lous lawsuit and seek recovery of legal fees and expenses which such a filing had caused. The City Manager added that there have been cases where the City Attorney's office has made suth a threat and as a result been dis- missed from lawsuits that clearly had no relationship to the City. 40 7, ISLANDS ON MAIN STREET BETWEEN "B" & MYRTLE Councilman Kelly requested staff conduct a survey of residents on Main Street on the feasibility of islands between "B" and Myrtle. This should have priority over other already-budgeted islands throughout the City. He felt islands along Main. Street would beautify the City and further slow traffic in that area. The Director of Public Works responded that staff would review same and report back with various options of what can be d6newith exi sting curb widths. 95 CITY COUNCIL MINUTES Page 7, 7-21-86 8. STATUS OF RELOCATION OF JOHN WAYNE AIRPORT SOUND MONITORS The Senior Planner responded to Councilman Kelly that staff had made contact with the John Wayne Airport Noise Abatement via tele- phone and written correspondence regarding his request of July 7, 1986, to relocate two sound monitors. A response is expected within 2-4 weeks with an analysis of same. 101 ~.. g, EL CAMINO REAL. - IDENTIFICATION SIGNS & MISSION BELL THEME Councilman Kelly requested that a greeting be placed on the back of four City identification signs on E1 Camino Real such as "Thank You From Old Town Tustin" or "Vaya Con Dios." In addition, he requested that the Mission Bell theme be extended along E1 Camino Real all the way through to the Tustin Auto Center. Staff will review both requests and report back. 93 10. ANNEXATION MEETING WITH NORTH TUSTIN MUNICIPAL ADVISORY COUNCIL Mayor Saltarelli reported on a recent meeting with the North Tustin Municipal Advisory Council which was attended by several hundred people. He stated that the Chairperson conducted a straw vote at the meeting's end which indicates a strong feeling that their best interests would be served by annexing to Tustin. 24 11, COUNCILMAN EDGAR APPOINTED TO ROUTE 55 ADVISORY COMMITTEE Council concurred to appoint Councilman Richard B. Edgar as Tustin' s representative on the Orange County Transportation Commis- sion's Route 55 Advisory Committee. 101 XIII, RECESS - REDEVELOPMENT AGENCY; ADJOURNMENT At 8:39 p.m. it was moved by KennedJ/, seconded b~/Hoestere~/, to recess to the Redevelopment Agency; and thence adjourn to the next Regular Meeting on Monday, August 4, 1986, at 7:00 p.m. The motion carried · /~I~YOR