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HomeMy WebLinkAboutCC 1 MIN ADJ MEETING 01-03-89MINUT~- OF A}; ADJOURNED REGULAR "EETING ' THE CITY COU2iC!L OF ~mTY OF TUSTIN, CALIFOR~.. JANUARY 3, 1989 mo II. III. Ve 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. The Pledge of Allegiance was 'led by Councilman Hoesterey and~ the Invocation was given by. Councilman Edgar. Mayor Kennedy noted that members of the clerical community would be invited to give the Invocation at future meetings. ROLL CALL' Council Present-. 'Council Absent: Others Present: Ursula ~.'Kennedy, 'M~yor Richard B. Edgar, Mayor Pro Tem Ronald B. Hoesterey Joh, n Kelly Earl J. Prescott None .- -' William A. Huston,' City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Dir./Community Development Fred Wakefield, Acting Chief of Police Robert Ledendecker, Director of Public Works Royleen White, Dir./Community & Admin. Services Ronald A. Nault, Finance Director Steve Rubin, Senior Planner Susan Jones, Recreation Superintendent Valerie Whiteman, Deputy City Clerk Approximately 60 in the audience PROCLAMATION 1. TUSTIN HIGH SCHOOL THEATRE ARTS PROGP~ Mayor Kennedy braised the achievements of Lisa Roseman, drama teacher at Tustin High School, who was a recipient of the Golden Bell Award and one out of only nine award winners in the State of California. The Mayor then read and presented proclamations to Lisa Roseman and students, Inge Burns, LaNiece Goines, Don Jordan, Christopher Mondragon and Michael Morris. Lisa Roseman expressed her pleasure and thanked the Council for honoring her and the drama program. Christopher Mondragon, wearing a letterman's jacket earned in Theatre Arts, voiced how special the play, SOmebody to Love, was to him. PUBLIC HEARING - None PUBLIC INPUT 1. AGENDA INFORMATION AVAILABLE ON CABLEVISION Lorraine Aldis, 14481 Deerfield Avenue, Tustin, requested that the agendas for Council meetings be shown on cablevision for the convenience of home viewers. 2. TUSTIN RANCH ROAD INTERCHANGE Lorraine Aldis, 14481 Deerfield Avenue, Tustin, was concerned about the effect of' the Tustin Ranch Road Interchange on her lifestyle and property value. She asked the following questions: (1) what agency would monitor noise levels, (.2) when would the tests occur and (3) what remedies would be available to her when noise levels exceeded the City's criteria. Mayor Kennedy directed Bob Ledendecker, Director of'Public Works, to provide answers to the above questions for Ms. Aldis and copies to the Council. CITY COUNCIL MINUTES Page 2, 1-3-89 CONSENT CALENDAR Items No. 4 and 5 were removed from the Consent Calendar by Councilman Kelly.. It was moved by KellY, seconded by Edgar, to approve the remainder of the Consent Calendar. The motion carried 5-0. ; 1. APPROVED MINUTES - DECEMBER 19, 1989, REGULAR MEETING 2. APPROVED DEMANDS IN THE AMOUNT OF $1,629,850.37 RATIFIED PAYROLL IN THE AMOUNT OF $198,728.06 3'. RESOLUTION-NO. 89'~1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,. CALIFORNIA, APPROVING DESTRUCTION OF CERTAIN RECORDS Approved Resolution-No. 89-1 allowing for destruction of applications and testing materials for recruitments which have been closed for over two years. RESOLUTION NO. 89-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988 Approved Resolution No. 89-3 authorizing the application for grant funds under the California Wildlife, Coastal and Park Land Conservation Act of 1988. 7. AMENDMENT TO AGREEMENT FOR IMPROVEMENT OF JAMBOREE ROAD BETWEEN IRVINE BOULEVARD ~ND EXISTING CHAPMAN AVENUE Approved an amendment to subject agreement with the City of Orange and The Irvine Company and authorized the Mayor to execute. Consent Calendar Item No. 4 - Resolution No. 89-2 Councilman Kelly said he had inspected . the property at 15751 California Street, found it to be in satisfactory condition, and requested additional information from staff. Christine Shingleton, Director of Community Development, gave a background report indicating that the majority of violations had been rectified with two violations remaining uncorrected. She cited the history of violations and community complaints concerning the property. It was moved by Kelly, seconded by Edgar, to adopt the following Resolution No. 89-2 and change the Public Hearing date from February 6, 1989, to Tuesday, February 21, 1989: RESOLUTION NO. 89-2 -'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE CONDITION OF THE PROPERTY LOCATED AT 15751 CALIFORNIA STREET (AP# 402-382-10) CONSTITUTES A PUBLIC NUISANCE Councilman Prescott requested that current photographs be available for the Council at the Public Hearing. The motion carried 5-0. Consent Calendar Item No. 5 - ResolUtion No. 89-4 Christine Shingleton, Director of Community Development, said there was an immed.iate threat to public safety at 13662 Green Valley, which was a pool filled with stagnated water without required fencing. It was moved by Hoesterey, seconded by Edgar, to adopt the following. Resolution No. 89-4 wi~h the Public Hearing to be held on February 6, 1989: '~' RESOLUTION NO. 89-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE CONDITION OF THE PROPERTY LOCATED AT 13662 GREEN VALLEY (AP# 500-082-07) CONSTITUTES A PUBLIC ~;UISANCE The motion carried 5-0. CITY COUNCIL MINUTES Page 3, 1-3-89 Councilman Prescott questioned whether the property owners at 15751 California Street and 13662 Green Valley had been notified of their placement on the agenda. Council concurred to agendize the establishment of a policy for notifying property owners when their property is placed on an agenda for discussion or action. VII. ORDINANCES FOR INTRODUCTION - None VIII. ORDINANCES FOR ADOPTION .~. /%DOPTION OF ORDINANCE NO. i0.13. APPROVING '~ONIN~ ORDINANCE ~NDME~,~ 88-06' Ordinance No. 1013 had first reading and introduction at the December 19, 1988 Council meeting. · It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 1013 have second reading by title only. The motion carried 5-0. Following second reading by title only of Ordinance No. 1013 by the City Clerk, it was moved by Hoesterey, seconded by Edqar, that Ordinance No. 1013 be passed and adopted as follows: ORDINANCE NO. 1013 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT 88- 06, EXEMPTING LEGAL CONFORMING PROPERTIES FROM BECOMING NON- CONFORMING DUE TO PUBLIC RIGHT-OF-WAY ACQUISITION BY THE CITY The motion Carried 5-0. (Roll call vote) 2. ADOPTION OF ORDINANCE NO. 1014 RELATIVE TO SOLID WASTE COLLECTION AND DISPOSAL Ordinance No. 1014 had first reading and introduction at the December 19, 1988 Council meeting. It was moved by Hoesterey, seconded by Edgar', that Ordinance No. 1014 have second reading by title only. The motion carried 5-0. Following second reading by title only of Ordinance No. 1014 by the City Clerk, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 1014 be passed and adopted as follows: ORDINANCE NO. 1014 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 3, SECTIONS 4311 ET SEQ. OF THE TUSTIN CITY CODE RELATIVE TO SOLID WASTE COLLECTION AND DISPOSAL The motion carried 5-0. (Roll call vote) OLD BUSINESS 1. STATUS REPORT - JOHN WAYNE AIRPORT NOISE MONITORING PROGRAM (JWA) , COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAS) , AIRPORT SITE COALITION (ASC) AND HELICOPTER OVERFLIGHTS TASK FORCE (HOPTF) Steve Rubin, Senior Planner, gave a status report as contained in the Community Development memorandum dated January 3, 1989. Councilman Hoesterey asked if Congressman Badham's suggestion that all commercial flights into John Wayne Airport follow the ILS approach, which would bring -a substantial amount of commercial air traffic over the City, had been acted upon. Steve Rubin responded that the F.A.A. would be submitting a report in January analyzing Badham's proposal and staff would then have 45 days to review the report and submit comments. 'It was recommended by HoestereY that the Council write a letter to John Wayne Airport vigorously opposing Badham's plan. Council concurred. CITY COUNCIL MINUTES Page 4, 1-3-89 Councilman Kelly felt the Council should require the airport to follow curfew hours for air traffic. Council/staff discussion followed regarding the Phase II Airport Access Plan and it was confirmed that a staff member would attend the Airport Commission's Public Hearing on February 15, 1989. It was'moved by Edgar, seconded by'Hoesterey, to receive and file subject report. The motion carried 5-0. STATUS REPORT ON FUTURE STREET NAMES FROM THE STREET NAMING COMMITTEE · Mayor Kennedy commended staff on ~he excellent report and was very pleased with the suggested names. Councilman Kelly disagreed with the criteria th-at forbade the naming of streets for persons still living. He also thought that some street names in Tustin, such as Second and Third Streets, were without character and should be renamed. Jerry Feldman, Chairman of the Street Naming Committee, responded that the Street Naming Committee's reason for specifically disallowing names of living persons was because the proof of a person's-contribution and respectability could not be determined until their life was over. Mayor Kennedy said the original intent was to honor the early days. of Tustin and its pioneers. She felt it was self-serving to encourage the naming of 'streets after those currently in business or politics and proclamations or other awards are given to the living. Councilman Prescott opposed honoring people after their death and wanted to acknowledge the "living cultural treasures" in Tustin. Councilman Hoesterey thought~ honor and greatness stood the test of time and it was . that time that determined whether an individual, through their life's accomplishments, should be so honored. Mayor Kennedy suggested approval of the Street Naming COmmittee's criteria and establishment of a separate award program for living residents. Council concurred to agendize, at the February 6, 1989 Council meeting, the discussion of an award program to honor living Tustin residents. It was moved by Kelly, seconded by Edgar, to receive and file subject report. The motion carried 5-0. 3. FREEWAY DIAMOND LANES Mayor Kennedy asked for status clarification on the staff report regarding this subject. William Huston, City Manager, responded there had been confusion as to when the issue would be agendized. In reviewing the minutes and tape recordings, staff determined Council had directed placement on the agenda sometime in January and.staff had anticipated submittal at the January 16, 1989 meeting when, hopefully, representatives from the responsible agencies, O.C.T.C., O.C.T.D. and Caltrans, would be present to address the issue of diamond lanes. Councilman Hoesterey asked if this discussion could be accommodated at the Caltrans meeting set for th~ specific purpose of discussing diamond lanes as well as the flyovers effecting the Tustin Village Way complex. William Huston, City Manager, said the Council had deferred the Tustin Village Way concerns until January in order for staff to obtain more information. Since that time, there had been a · CITY COUNCIL MINUTES Page 5, 1-3-89 Caltrans meeting where Keith McKean, District Director for Caltrans, made a commitment to do additional noise studies and an overall review of the H.O.V. flyover impact on the Tustin Village way area. Mr. McKean alsQ committed to meet again with those residents about issues concerning right-of-way, compensation, parking, and noise/visual effects of the flyover.. ~Mr. Huston reaffirmed the Council's~ position to separate the issue of diamond lanes from the H.O.V. flyover effecting the Tustin Village Way area. Mayor Kennedy confirmed that a staff member would be present at the meeting between Caltrans and the Tustin Village Way homeowners. The following members of the 'community spoke in opposition to freeway diamond lanes-. Larry Koenig, 14481 Deerfield Avenue, Tustin Henry Smith, 15601 Tustin Village Way, Tustin Simon Inja, 15500 Tustin Village Way, Tustin Carole Bryant, 15500 Tustin Village Way, Tustin Harry Coburn, 15§00 Tustin Village Way, Tustin Charles Farnham, 15500 Tustin Village Way, Tustin Mayor Pro Tem Edgar responded that O.C.T.C and O.C.T.D. are committed to multiple vehicle lanes. An election, approximately 18 years ago, included the designation of funds to be used only for mass transit. In 1984, when Proposition "A" failed, which called for improvement of freeways, the commitment to expend those funds on high occupancy lanes was made. Other critical elements in discussing the interchange's H.O.V. lane, are to recognize that the Federal Government will not authorize funds on any freeway in the U.S. unless it has a high occupancy vehicle lane; the Environmental Protection Agency's mandated condition of using H.O.V. lanes for every freeway enhancement; and the Air .Quality Management District's possible punitive action for non- compliance of 1.5 people per car. He was supportive of high occupancy lanes and was not prepared to deny the data, which he would supply to members of the community, that supported his opinion. Mayor Kennedy reiterated the isolation of the diamond lane issue and said the Council was deeply committed to the protection of the Tustin Village Way complex. Councilman Prescott remarked that the Council did not have the power to forbid the construction of diamond lanes and he encouraged those in opposition to initiate a ballot measure. He thought the transportation system would be more efficient if it was privately owned. Councilman Hoesterey said from the beginning it was evident that these discussions would not be fruitful at the City Council .level. Mayor Pro Tem Edgar, at the Mayor' s request, updated the Council on %he status of O..C.T.C. conducting night meetings, reported on the futuristic "Super Bus", the allocation of funding for freeways throughout the State, and the construction of a new Irvine train station. Councilman Kelly voiced his doubts concerning the data and experts on diamond lanes. He was supportive of and would campaign for a citizen-sponsored ballot initiative against diamond lanes. Mayor Kennedy announced there would be no action taken by the Council and reminded, every°ne this lack of action did not pertain to the Tustin Village Way issue. 4. CITY COMMISSIONS AND COMMITTEES councilman Prescott said since the election was over the Council should perform its legislative "house cleaning" by reappointing CITY COUNCIL MINUTES Page 6, 1-3-89 their commissions and committees. He noted that Ordinance No. 874, establishing the Planning Commission, and Ordinance No. 1009, establishing the Parks and Recreation Commission, had not been revised to reflect reappointment dates coinciding with a November election. It was moved by Prescott, seconded by Edgar, that the revisions of Ordinance Nos. 874 and 1009, reflecting the second Council meeting in February following a November election as reappointment dates, be agendized for the January 16, 1989 Council meeting. MayOr Pro Tem Edgar was in fu~l agreement with Councilman Prescott'S~ proposal, but wanted to insure that all community members would be considered at reappointment time. James Rourke, City Attorney, assured the Mayor that the Planning° Commissioners were still in active status, serving properly and legally, and would remain so until replaced by the City CounCil regardless of the previously set term of service. Council discussion followed regarding.the positive and negative aspects of each Councilmember appointing their own candidate to the Planning Commission. Councilman Hoesterey wanted the Council to honor the current terms of the Commissioners in question and reappointments would not occur until after the next election. Councilman Prescott expressed his desire to vote in February on the reappointment of Planning Commissioners and Parks and Recreation Commissioners as a one time, temporary inconvenience. The motion carried 5-0. Councilman Prescott-reminded Council there was a vacancy on the Tustin Water Corporation Board. Mayor Kennedy asked the newspaper reporters present to advertise the Tustin Water Corporation Board vacancy. Xe NEW BUSINESS COI~'rTTEE APPOINTMENTS BY THE I~YOR Mayor Kennedy stated she had offered committee appointments to Councilmen Kelly ·and Prescott, but both declined due to conflicting schedules. Mayor Kennedy made the following committee appointments: Committee Representative Alternate CRAS Board S.A. River Flood Control East Tustin Policy I-5 Freeway League of Calif. Cities O.C. Vector Control Joint Powers Authority Sanitation District 1 Sanitation District 7 sanitation District 14 Kelly Prescott Kennedy Prescott Edgar Kennedy Edgar Hoesterey Edgar Kennedy None None Edgar None Hoesterey Kelly Hoesterey Kennedy Kennedy Edgar XI. REPORTS - None XII. OTHER BUSINESS 1. SAFETY BARRICADES ON EL CAMINO REAL Councilman Kelly was concerned because the safety barricades, for the defective bricks, had not been installed on E1 Camzno Real and requested immediate action. CITY COUNCIL MINUTES Page 7, 1-3-89 PUBLIC INPUT SEGMENT AT CLOSE OF MEETINGS Councilman Kelly asked that the Council consider holding a "Public Input" session at the close of the meeting to afford cablevision viewers an opportunity to travel to the meeting and speak. 3. ADJOURNMENT TO WATER DEPARTMENT ANALYSIS WORKSHOP Mayor Pro Tem Edgar wanted the.agenda adjournment information to reflect the Water Department AnalySis Workshop on January 16, 1989, at 5:30 p.m. 4'.. CAPITAL'PROJECTS WORKSHOP Mayor Pro Tem Edgar' requested a Capital Projects Workshop be scheduled for April 3, 1989. 5. FIRST STREET WIDENING'EFFECT ON THE REVERE HOUSE Mayor Pro Tem Edgar directed staff to communicate with the Revere House ownership in order to minimize disruption of their business during the widening of First Street and the awarded contract should be written accordingly. 1988-89 BUDGET DISTRIBUTION TO COUNCIL Mayor Pro Tem Edgar had not received a copy of the 1988-89 budget. William Hutton, City Manager, said the budget had been distributed to the Council approximately 3 weeks ago and he would recheck. 7. POLITICAL SIGNS REMAINING POSTED Mayor Pro Tem Edgar reminded staff the~e-were political signs still posted two months after the election. PUBLIC WORKS BID ADVERTISEMENT PROCESS Councilman Prescott requested from staff a personal education on the City"s procedure when advertising for bid on public works projects. 9. ADJOU~NT IN MEMORY OF HILDA SHARPLESS Councilman Prescott asked that the meeting be adjourned in memory of Hilda Sharpless, a resident of Tustin for 70 years, who died on January 3, 1989. 10. LACK OF COMMUNICATION FROM COMMUNITY CABLEVISION Mayor Kennedy was disappointed that communication had not been .received from 'Community Cablevision and Peppertree, Laurelwood and East Tustin remained without coverage of the council meetings. She' requested that formal communication be received from Community Cablevision by the February 6, 1989 Council meeting. Councilman Prescott noted that the communication should be sent to Copley, managers of the Community Cablevision franchise. Mayor Kennedy directed staff .to prepare a letter for her signature expressing Council ' s concern regarding lack of cablevision coverage in the affected areas. Council concurred. 11. APPRECIATION FOR POLICE DEPARTMENT . Mayor Kennedy reported that 15'3 California police officers died in the line of duty during 1988. She extended her gratitude and concern to the Tustin Police Department for endangering their lives while protecting the citizens of Tustin. CITY COUNCIL MINUTES Page 8, 1-3-89 ~Z. E.v~R~ENCY PLAN Mayor Kennedy noted her on-going anticipation of receiving the City's emergency plan for earthquake preparedness. 13. REVIEW OF COUNCIL/STAFF COMMUNICATION POLICY Mayor Kennedy wanted the Council/staff communication policy agendized for clarification as to when and for what reason the Council would receive special notifications from staff. Council concurred. XIII. CLOSED SESSION Mayor Kennedy said the City council would recess to closed Session to confer with its attorney regarding pending litigation, i.e.. to decide whether, based on existing facts and circumstances, to initiate litigatioh pursuant to Government Code Section 54956.9(c); and to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957..6. XIV · ADJOURNMENT At 9:30 p.m., the meeting recessed to the Redevelopment Agency, then to the above Closed Session, and then adjourned in memory of Hilda Sharpless to a joint workshop with the Parks and Recreation Commission on January 9, 1989, at 5:00 p.m., then to a Water Department Analysis Workshop on January 16, 1989, at 5:30 p.m., and then to the next Regular Meeting on Monday, January 16, 1989, at 7:00 p.m. XV. ACTION FROM CLOSED SESSION It was moved by .Edgar, seconded by Kennedy, to authorize filing of legal action in connection with the Farmers Savings Bank matter. The motion carried S-0. MAYOR CITY CLERK