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HomeMy WebLinkAboutCC MINUTES 1985 03 04 MINUTES OF A REGULA.R MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA MARCH 4, 1985 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Kennedy at 7:01 p.m. in the City Council Chambers, 300 Centennial Way. A Flag Ceremony was conducted by Girl Scout Troop No. 1649, chaperoned by Troop Leader Ms. Sheila Feher, followed by the Pledge of Allegiance. The Invocation was given by Councilman Edgar. II. ROLL CALL Councilpersons Present: Ursula E. Kennedy, Mayor Frank H. Greinke, Mayor Pro Tem Richard B. Edgar Ronald B. Hoesterey Donald J. Saltarelli Councilpersons Absent: None Others Present: William A. Huston, City Manager Alan R. Watts, Deputy City Attorney Mary E. Wynn, City Clerk Donald D. Lamm, Com. Development Director Charles R. Thayer, Chief of Police Ronald A. Nault, Finance Director Robert S. Ledendecker, Dir. of Public Works Approximately 30 in the audience III. PROCLAMATIONS 1. GIRL SCOUT WEEK - MARCH 10-16, 1985 Mayor Kennedy noted that she was a very active Girl Scout, and it was a factor in her entering a public office career. She then read and presented a proclamation designating March 10-16, 1985, as "Girl Scout Week," which was accepted by Service Unit ChairpersOns Debbie Beagles (Unit 1} and Ruth Anne Bullock {Unit 2). Ms. Bullock expressed her thanks to the Council. 84 2. TUSTIN TENNIS CLUB - CONTRIBUTIONS & SERVICE TO CITY Following accolades by Mayor Kennedy, she read and presented a proclamation to Tustin Tennis Club past presidents and active volunteers. 84 IV. PUBLIC HEARING 1. SIGN ORDINANCE AMENDMENT NO. 85-1 POLITICAL SIGNS - ORDINANCE NO. 928 The staff report and recommendation were presented by the Director of Community Development as contained in his inter-com dated March 4, 1985. The Deputy City Attorney responded to Council ques- tions pertaining to draft Ordinances 928(A} and 928(B). The public hearing was opened by Mayor Kennedy at 7:21 p.m. An unidentified member of the audience inquired if it would be a requirement that signs identify the party responsible for its placement. The Deputy City Attorney responded that the State Elec- tions Code contains provisions which require those who publish political material to identify who is responsible for the publica- tion; and the draft ordinance would only regulate the land use associated with posting of political signs. There were no other speakers on the matter, and the public hearing was closed at 7:25 p.m. CITY COUNCIL MINUTES Page 2, 3-4-85 Councilman Hoesterey noted that the printing industry's standard size card is 22" x 28" (approximately four square feet). He sug- gested amending draft Ordinance No. 928(B) limiting sign size to four square feet to coincide with industry standards, eliminating special cut productions, keeping the cost of political campaigns down, and thereby opening the political arena to a greater number of people. It was then moved by Hoesterey, seconded by Edgar, that Ordinance No. 928(B) have first reading by title only with the following amendments: Section 6, Paragraph (7), subparagraph (b) to read "Political signs shall be limited to four (4) square feet in size and four (4) feet in height"; and Section 8, Paragraph (9) to read "Any person who intentionally defaces, obliterates, tears down, or destroys any political sign installed in accordance with the pro- visions of this Code shall be charged pursuant to the General Penalty provisions of this Code." ORDINANCE NO. 928(B) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT OF ORDINANCE NO. 684, ARTICLE III, SECTION I AND ARTICLE VIII, SECTION 4, THEREBY AMENDING SECTIONS 9430 AND 9483 OF THE TUSTIN MUNICIPAL CODE, REGARDING THE REGULATION OF POLITICAL SIGNS Following first reading by title only of Ordinance No. 928(B) by the City Clerk, it was moved by Hoesterey, seconded by Greinke, that Ordinance No. 928(B) be introduced. Carried 5-0. 93 V. PUBLIC INPDT 1. SMOKING REGULATIONS IN PUBLIC AREAS AND PRIVATE WORK PLACES Dr. George Banks, 17902 Lucero Way, shared information and statis- tics on health hazards associated with cigarette smoking. He listed California cities which have enacted smoking regulations in public areas and private work places and requested that Tustin do the same. Dr. Banks provided a copy of Laguna Beach's ordinance to serve as a model for Tustin's "clean air" ordinance. Following discussion, Council concurred to direct staff to review ordinances other cities have enacted, the enforcement methods used, the possibility of separating smokers from non-smokers, and report back to Council on the matter. Councilman Hoesterey raised con- cerns on the legal liabilities the City might be faced with and if other cities have been challenged on the matter. In response to Mayor Kennedy, the City Manager estimated a time- table of 45 days plus would be required for staff review, but he stated staff could provide a more accurate timetable at the March 18 meeting. Mayor Kennedy advised Dr. Banks he would be notified when the matter is agendized for Council consideration. 88 2. HANDICAP RAMP CONSTRUCTION Ruthie Ralston, 1602 Nisson Road, stated that four years ago she was involved in an accident at Laguna and Redhill that damaged her wheelchair, which she feels was the result of no handicap ramps at subject street crossing. She expressed thanks for the handicap ramps being constructed throughout the City, but wondered why they have not been constructed at Laguna and Redhill and on Nisson Road. The City Manager responded there has been litigation in this par- ticular case. He recommended staff obtain input from the City Attorney's office, and staff could report back with a general description of the City's program for ramps, with a copy to be pro- vided to Ms. Ralston. 95 VI. CONSENT CALENDAR Item 11 was removed from the Consent Calendar by Greinke, and a "No" vote was registered by Kennedy on Item 10. It was moved by Hoesterey, seconded by Greinke, to approve the remainder of the Consent Calendar. The motion carried 5-0. CITY COUNCIL MINUTES Page 3, 3-4-85 1. APPROVAL OF MINUTES - FEBRUARY 19, 1985 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $765,177.58 RATIFICATION OF PAYROLL IN THE AMOUNT OF $127,474.84 50 3. REJECTION OF CLAIM OF MARJORIE GOLDMAN; DATE OF LOSS: 11/2/84; DATE FILED W/CITY: 2-1-85; CLAIM NO. 85-8 Rejected subject claim as recommended by the City Attorney. 40 4. REJECTION OF CLAIM OF ARTHUR ZAMBRANO; DATE OF LOSS: 9/15/84; DATE FILED W/CITY: 12/20/84; CLAIM NO. 84-28 Rejected subject claim as recommended by the City Attorney. 40 5. REJECTION OF CLAIM OF PACIFIC BELL; DATE OF LOSS: 12/13/84; DATE FILED W/CITY: 1-10-85; CLAIM NO. 85-3 Rejected subject claim as recommended by the City Attorney. 40 6. REJECTION OF CLAIM OF ARIANNE SCHOENBURG; DATE OF LOSS: 1/13/85; DATE FILED W/CITY: 2/6/85; CLAIM NO. 85-9 Rejected subject claim as recommended by the City Attorney. 40 7. RESOLUTION NO. 85-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR STREET IMPROVEMENTS ON THE NORTHWESTERLY CORNER OF NEWPORT AVENUE AND IRVINE BOULEVARD Adopted Resolution No. 85-25 as recommended by the Engineering Department. 95 8. RESOLUTION NO. 85-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR RAWLINGS RESERVOIR ROOF REPAIR AND PAINTING Adopted Resolution No. 85-26 as recommended by the Engineering Department. 107 9. RESOLUTION NO. 85-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING FINAL PARCEL MAP 84-1030 LOCATED AT 1372 IRVINE BOULEVARD Adopted Resolution No. 85-23 as recommended by the Community Development Department. 99 10. RESOLUTION NO. 85-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, OVERTURNING THE PLANNING COMMISSION'S DENIAL OF USE PER- MIT 85-1 THEREBY APPROVING A 50 SQUARE FOOT POLE SIGN AT 14460 NEWPORT AVENUE Adopted Resolution No. 85-22 as approved by the City Council. (Kennedy registered a "NO" vote.) 81 12. AGREEMENT WITH INFO COMP SYSTEMS, INC. TO INSTALL AND SUPPORT FINANCIAL AND APPURTENANT COMPUTER SOFTWARE Authorized the City Manager to sign subject agreements with Info Comp Systems to install and support financial and appur- tenant software systems as recommended by the Finance Director. 45; 85-13 Consent Calendar Item No. 11 Use Permit No. 84-27, 550 West Sixth Street - Mayor Pro Tem Greinke reported that negotiations with devel- opers for the ten-foot property easement resulted in the City receiving $5,000 for the sale of subject right-of-way. It was then moved by Greinke, seconded by Edgar, to adopt the following: 11. RESOLUTION NO. 85-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACTING ON AN APPEAL OF THE CITY COUNCIL AFFIRMING THE FINDINGS OF THE PLANNING COMMISSION CONCERNING USE PERMIT NO. 84-27 AT 550 W. 6TH STREET Motion carried 5-0. 81 VII. ORDINANCES FOR INTRODUCTION None. CITY COUNCIL MINUTES Page 4, 3-4-85 VIII, ORDINANCES FOR ADOPTION None. IX. OLD BUSINESS None. X. NEW BUSINESS 1. AWARD OF CONTRACT - NEWPORT AVENUE RESERVOIR ROOF REPAIRS As recommended in the inter-com dated February 26, 1985, prepared by the Engineering Division, it was moved by Hoesterey, seconded by Edgar, to award the contract for the Newport Avenue Reservoir roof repairs to Ultimo General Building Contractors, Dana Point, in the amount of $26,297.00. Motion carried 5-0. 107 2. MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM (M.T. & B.F.P.) FOR EASTERN/FOOTHILL CORRIDORS The Director of Public Works presented the staff report and recom- mendation as contained in his inter-com dated February 26, 1985. The City Manager stressed Council is faced with: 1) Determining whether to join in the Program via the Memorandum of Understanding (MOU) with certain conditions/policies; and 2) if agreement is reached under the MOU, the next step would be the Joint Powers Authority which is the formal binding participation agreement, including $18 million from the City via development fees. There- fore, i'f the MOU is approved, Council is merely moving closer to a final decision on the Joint Powers Authority. The Director of Public Works responded to Councilman Hoesterey that alignment of the Foothill Corridor is pretty well set and has been adopted by the Board of Supervisors. However, the connection point to the Eastern Corridor is flexible depending upon its location. The northerly alignment of the Foothill Corridor where it would place the burden for east-west traffic on Chapman Avenue, as opposed to Bryan Avenue with the least impact on Tustin, was thor- oughly reviewed in preliminary stages of the environmental/reloca- tion study through a matrix selection process similar to what is occurring in the Eastern Corridor study, but it was not utilized. The Director indicated he could research the particular reasons for it not being utilized if necessary. Councilman Saltarelli expressed concern regarding the proposed freeway and Irvine's signing their MOU which specified a desire to see the corridor at the Myford Road alignment. The Director of Public Works stressed that the actual route location of the Eastern Corridor is a separate item, staff is working with County EMA staff and the consultant team on it, they are going through a matrix review process, and Council will be receiving information on same very shortly. Councilman Edgar voiced his support of staff's recommendation, stating that participation provides greater opportunity to uphold Tustin's best interests. It was then moved by Edgar, seconded by Greinke, to adopt the "Tustin City Council Policy Statement for Eastern/Foothill Transporation Corridors" and approve the Memo- randum of Understanding for the Eastern/Foothill Transportation Corridors as contained in the inter-com dated February 26, 1985, prepared by the Director of Public Works, subject to the following conditions: a. Development of a solution concerning the westerly extension of the Foothill Transportation Corridor and its connection to the Costa Mesa (Route 55) Freeway; b. Adoption of a route alignment for the Eastern Corridor that minimizes impacts on all existing developments and/or facili- ties; CITY COUNCIL MINUTES Page 5, 3-4-85 c. Establishment of a mutually agreed upon Area of Benefit and uniform fee structure(s) throughout the entire Area of Benefit of all participating cities; d. Requirement that all cities within the Area of Benefit of the Eastern/Foothill Transportation Corridors must participate in the Major Thoroughfare and Bridge Fee Program with the County; and e. Adoption of a route alignment for the Eastern Corridor south- erly of the Santa Ana (I-5) Freeway. The City Manager highlighted that condition "e" in the policy statement pertains to connection of the Eastern Corridor south of I-5, which is very important to the City. The intent of that statement is that the County should study alternatives for connect- ing the Corridor south of I-5, because to terminate itat the I-5 only aggravates traffic problems in Tustin. The motion carried 5-0. 100 XI. REPORTS 1. PLANNING COMMISSION ACTIONS - FEBRUARY 25, 1985 In consideration of Councilman Saltarelli's concern that Use Permit 85-6 would allow office/retail use, as opposed to commercial use, on First Street, it was moved by Edgar, seconded by Greinke, to appeal Use Permit 85-6 for 450 West First Street, applicant Harry Gates. Carried 5-0. 81 It was moved by Greinke seconded by Edgar, to approve :the remainder of the February 25, 1985, Planning Commission Actibn Agenda. The motion carried 5-0. 80 XII. OTHER BUSINESS 1. ENDORSEMENT OF ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP) The City Manager referenced a letter dated February 27, 1985, from the City of Huntington Beach requesting endorsement of two recom- mendations pertaining to the AHFP Program, and that same be trans- mitted to the County Board of Supervisors prior to its March 12 meeting. It was then moved by Edgar, seconded by Hoesterey, that the Tustin City Council go on record supporting the AHFP Program and that same be transmitted to the County Board of Supervisors in writing. After brief discussion, the motion carried 5-0. 95 2. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session for discussion of personnel matters. 3. ORANGE COUNTY TRANSPORTATION COMMISSION Mayor Kennedy noted a request by City of Orange Mayor Beam to appoint a Tustin Councilmember to the Orange County Transportation Commission to discuss the issue of commuter lanes on the Costa Mesa 55 Freeway. It was then moved by Edgar, seconded by Hoes~erey, to appoint Mayor Pro Tem Greinke to serve on subject committee. Carried 5-0. 101 4. SENATE BILL 75 As requested by Mayor Pro Tem Greinke, Council concurred that Senate Bill 75 be agendized for the March 18 meeting, accompanied by an interpretation from the City Attorney's office for Council's benefit in determining whether to support subject bill. 61 CITY COUNCIL MINUTES Page 6, 3-4-85 5. SAN JUAN DRAIN PROJECT The Director of Public Works responded to Councilman Edgar that advertisement for bids on the San Juan Drain Project will occur in April, 1985, 91 6, WATER CONSUMPTION It was moved by Edgar, seconded by Greinke, to request staff to report back on the cost of possibly engaging Montgomery Engineering Services to update their Water Service Financial Review and Rate Study in consideration of significant changes that have transpired which affect water costs (new well and sale of service areas to Orange and Santa Ana) in preparation for Fiscal Year 1985-86 Budget preparation. Carried 5-0. 107 XIII. RECESS - REDEVELOPMENT; CLOSED SESSION - ADJOURNMENT At 8:04 p.m. it was moved by Hoesterey, seconded by Edgar, to recess to the Redevelopment Agency, thence to a Closed Session to consider personnel matters pursuant to Government Code Section 54957; and thence adjourn to the next regular meeting on March 18, 1985, at 7:00 p.m. Motion carried 5-0. CLERT