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HomeMy WebLinkAboutCC 1 MINUTES 02-06-89MINUTES OF A REGULAR MEETING ~ THE CITY COUNCIL OF TH~ ~Y OF TUSTIN, CALIFORNI JANUARY 16t 1989 III. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Kennedy at 7:00 p.m. in the city Council Chambers, 300 Centennial .Way. The Pledge of Allegiance was led by Councilman Prescott. INVOCATION The Invocation was given by Ernest V. Carpenter, Pastor of First Advent Christian Church. Following his Invocation, Pastor Carpenter gave a brief history of the First Advent Christian Church. ROLL CALL Council Present: Council Absent: Others Present: Ursula E. Kennedy, Mayor Richard B. Edgar, Mayor Pro Tem John Kelly Earl J. Prescott Ronald B. Hoesterey 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 Susan Jones, Recreation Superintendent Valerie Whiteman, Deputy City Clerk Approximately 40 in the audience PUBLIC HEARING - None PUBLIC INPUT 1. DIAMOND LANES Carole Bryant, 15500 Tustin Village Way, Tustin, spoke in opposition to diamond, lanes and requested the subject be agendized for the February 6, 1989 Council meeting. Mayor Kennedy stated the Council, at their meeting of January 3, 1989, had suggested a ballot initiative and each Councilmember had decided against any personal action. Councilman Kelly wanted the issue reagendized for the February 6, 1989 Council meeting to allow for additional public input. Council concurred. 2. I-5/55 INTERCHANGE FLYOVER The following members of the community spoke in opposition to the proposed I-5/55 Interchange flyover: Kay Obet, 15500 Tustin Village Way, Tustin Donna Wilson, 15500 Tustin Village Way, Tustin Larry Koenig, 14481 Deerfield Avenue, Tustin Their comments included: expressed appreciation of the Council's interest and concern; negative impact upon lifestyles and property values; apologized to Councilmembers for harassment received from those opposed to diamond lanes; possibility of the. City conducting their own sound attenuation report; and obtaining promised data from Councilman Edgar. council/staff discussion followed regarding the joint meeting between the Tustin Village homeowners and Caltrans on February 28, 1989. Council concurred to agendize the Tustin Village Way concerns at' the February 6, 1989 Council meeting. CITY COUNCIL MINUTES Page 2, 1-16-89 VI. Councilman Kelly reminded everyone there would be anothe- opportunity for "Public Input" at the close of the meeting. CONSENT- CALENDAR Item No. 10 was removed from the Consent Calendar by Mayor Kennedy. It was moved by Kelly, seconded by Edgar, to approve the ~emainder of the Consent Calendar. The motion Carried 4-0, Hoesterey absent. 1. APPROVED MINUTES - JANUARY 3, 1989, ADJOURNED REGULAR MEETING 2. APPROVED DEMANDS IN THE AMOUNT OF $1,017,314.95 RATIFIED PAYROLL IN THE AMOUNT OF $189,220.24 5O 3. L~-MBERT SCHOOL LEASE RENEWAL Renewed the lease with the Tustin Unified School District for the use of Lambert' School for a period of one year commencing February 1, 1989, and ending January 31, 1990, and authorized the Mayor to execute same. 45 4. RESOLUTION NO. 89-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF STREET LIGHT CONDUIT AT GLENARBOR AVENUE AND HOLLYHOCK AVENUE Adopted Resolution No. 89-11 approving the plans and specifications for subject project and directing the Citv Clerk to advertise for bids. 86 5. RESOLUTION NO. 89-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR STREET RECONSTRUCTION IMPROVEMENTS ON GREEN VALLEY, UTT DRIVE, AND PUBLIC ALLEY SOUTH OF BONITA STREET Adopted Resolution No. 89-12 accepting said work and authorizing the recordation of the notice of completion. 86B 6. RESOLUTION NO. 89-5 - 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. 89-5 which authorizes the destruction of certain City records, documents, and papers in the possession of the Police Department which are no longer required. 82 7. RESOLUTION NO. 89-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONSENTING TO AND CALLING A JOINT PUBLIC HEARING ON THE PROPOSED SECOND AMENDMENT TO THE AMENDF~ REDEVELOPMENT PLAN FOR THE TOWN CENTER AREA REDEVELOPMENT PROJE( Adopted Resolution No. 89-8 consenting to and calling a j oin% public hearing on the proposed Second Amendment to the Amended Redevelopment Plan for the Town Center Redevelopment Project. 81 .8. RESOLUTION NO. 89-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 88-350 Approved Tentative 'Parcel Map 88-350 by the adoption of Resolution No. 89-9, subject to the conditions contained therein. 99 9. DISTRIBUTION OF SURPLUS VEHICLES Received and filed notice of sale of two surplus vehicles to Lakemore Auto Salvage, Units 3405 and 3411, as provided for in Ordinance No. 871 of the City of Tustin. 86 Consent Calendar Item No. 10 - Resolution No. 89-10 Mayor Kennedy requested that the Historical Society photograph the property in question at the southeast corner of Yorba Street and Norwood Park Place. The house on the property is an historical grove house and possibly had a famous violinist as a resident. Council concurred. CITY COUNCIL MINUTES Page 3, 1-16-89 It was moved by Kennedy, seconded .by Edgar, to approve the following Resolution No. 89-10: 'RESOLUTION NO. 89-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 13822 The motion carried 4-0, Hoesterey' absent. 99 VII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 1015 - PLANNING COMMISSION, CHANGE OF EXPIRATION DATES OF COMMISSIONERS' TERMS · . It was moved by Edgar, seconded by Kelly, that Ordinance No. 1015 have first reading by title only. The motion carried 4-0, Hoesterey absent. · Following first reading by title only of Ordinance No. 1015 by the City Clerk, it was moved by Edgar, seconded by Prescott, that Ordinance No. 1015 be introduced as follows with an amendment changing the reappointment date to the second regularly scheduled Council meeting in February following a general election: ORDINANCE NO. 1015 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1513 OF THE TUSTIN CITY CODE RELATIVE TO THE APPOINTMENT AND TERMS OF MEMBERS OF THE PLANNING COMMISSION. The motion carried 4-0, Hoesterey absent. 80 2. ORDINANCE NO. 1016 - PARKS AND RECREATION, CHANGE OF EXPIRATION DATES OF COMMISSIONERS' TERMS It was moved by Edgar, seconded by prescott, that Ordinance No. 1016 have first reading by title only. The motion carried 4-0, Hoesterey absent. Following first reading by title only of Ordinance No. 1016 by the City Clerk, Councilman Prescott suggested that the Ordinance be amended to reflect a reappointment date of the second meeting in February. It was moved by Edgar, seconded by p~.escott, that Ordinance No. 1016 be introduced as follows with an amendment changing the reappointment date to the second regularly scheduled Council meeting in February following a general election: ORDINANCE NO. 1016 - AN ORDINANCE OF THE CITY' COUNCIL OF THE CITY. OF TUSTIN, CALIFORNIA, AMENDING SECTION 1553 OF THE TUSTIN CITY CODE RELATIVE TO THE APPOINTMENT AND TERMS OF MEMBERS OF THE PARKS AND RECREATION COMMISSION. The motion carried 4-0, Hoesterey absent. 76 VIII. 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 OVERFLIGHT PROGRAM TASK FORCE (HOPTF) Christine Shingleton, Director of Community Development, gave a brief staff report as contained in the Community Development memorandum dated January .16, 1989. Council/staff discussion followed regarding alternatives if adequate review time was not provided for the Phase 2 Access Plan. Mayor Kennedy mentioned a City of NeWPort Beach lawsuit, regarding a "walking sidewalk from the Douglas project to John Wayne Airport and asked for Council concurrence in a possible alliance. CITY COUNCIL MINUTES Page 4, 1-16-89 Councilman Prescott was vehemently opposed to participati- because this was the first privately-financed mass trans project in Orange County and he felt projects such as this shoula be encouraged. ~ Mayor Kennedy said the Council's present Position was that any expansion of John Wayne Airport effects the living environment of Tustin and monitoring the lawsuit should be considered. Council concurred to receive a report on the Newport Beach -lawsuit. 101 Fred Wakefield, ~cting chief of PoliCe, gave a staff report on the City's crossing guard program. Mayor Kennedy commented that some crossing guards at certain intersections are subjected to hostile treatment from motorists and suggested that all .crossing guards, through a letter from the Council or the Acting Chief of Police, be encouraged to report this behavior to the Police Department. Fred Wakefield said the Crossing Guard Coordinator and the Traffic Sergeant meet individually with the crossing guards on a regular basis and reaffirm the procedure for handling proble~ motorists. It was moved by Edqar, seconded by Prescott, to receive and file the subject report. Councilman Prescott noted the crossing guard program in the City of Santa Ana utilized students as crossing guards and suggested the Tustin Unified School District investigate the possibility for the City. After further Council/staff discussion, Coun6il concurred to write a letter to the Tustin Unified School District Board of Education requesting exploration of students participating in a crossing guard program. The motion carried 4-0, Hoesterey absent. 46 3. PEDESTRI~ CROSSWALKS ON ~RTERIA~ HIGHWAYS Robert Ledendecker, Director of Public Works, gave a staff report as contained in the Public Works Department/Engineering Division memorandum dated January 10, 1989. It was moved by Edgar, seconded by Prescott, to approve the installation of two flashing yellow beacons and overhead scho~ signs at Yorba Street and Amaganset Way and at Prospect Avem and Beneta Way, and authorize a supplemental budget appropriation for 1988-89 in the amount of $28,000 for said installation. Francine Morrison, 14501 Heights Drive, Tustin, stated it had not been her intention to create a study or to incur a great cost to the City; her prime concern was the safety of children. She cited staff's objections to the Arizona proposal and questioned their reasoning, noting the expense of staff's recommendation as opposed to the cost of the Arizona program. Councilman Prescott suggested testing the Arizona proposal at one intersection and the staff's proposal at the other intersection. Mayor Kennedy said she would accept staff's recommendation because it was within the approved guidelines of the State and then reevaluate the plan in N'six months. Councilman Kelly wanted to take a frugal approach and use the temporary signage. He was not prepared to approve an appropriation of $28,000. CITY COUNCIL MINUTES Page 5, 1-16-89 William Huston, City Manager, emphasized that the Arizona proposal would not be viable in California because the signs were not State approved and, therefore, unlikely that a citation could be issued for disobeying the signs.. Additionally', if unapproved signs were installed and there was an accident, the City would assume full liability and the cost of one accident would far exceed the expenditure of $28,000. James Rourke, City Attorney, said the State regulates the highways and streets under the Constitution. Cities are given certain jurisdictions and rights, but the State retains control over the types of traffic control devices that are placed in the streets and the. devices must be State approved by Caltrans or they are illegal. It is not within the jurisdiction of the City to install unapproved signs. Mayor Pro Tem Edgar felt the safety of children was paramount and was in f~vor of expending $28,000 for an immediate solution. As an addition to the motion, Council will review the plan in six months and forward a letter to Caltrans requesting consideration of the Arizona option. The motion carried 3-1, Hoesterey absent and Kelly oppoSed. 46 4. YORBA STREET PARKING REMOVAL Robert Ledendecker, Director of Public Works, updated the Council on the results of staff's questionnaire sent to residents in the effected area. The following members of the community spoke in opposition to the "No Parking" restriction: Dorothy Archer, 14661 Yorba Street, Tustin Marian Farnsworth, 17331 Norwood Park Place, Tustin Scott Murray Their comments included: citizens were being ill-served with even the discussion of this subject, City should be monitoring excess speed rather than prohibiting parking, increased pollution, decreased property values, and timely notification by the City to residents. Mayor Kennedy reminded those present that the council proceeded with caution before taking action that affected the community and had taken the necessary steps to receive input from the residents that would be impacted. It was moved by Edgar, seconded by Prescott, to take no action on the parking removal matter so that all on-street parking will remain as it currently exists, but direct staff to provide additional traffic enforcement for speed violations along Yorba Street between Irvine Boulevard and SeVenteenth Street. Mayor Pro Tem Edgar was concerned about speeding motorists in the City and wanted to investigate innovative, alternative methods of control rather than increasing the issuance of citations. The following members of the community spoke regarding traffic regulations and speed limits in the City: Jim Harris Scott Murray Robert Ledendecker educated the audience on the "85 percentile rule" and procedures for setting the speed limits within the City '' · .. -. Mayor Pro Tem Edgar noted that if the City .set speed limits different than those established by the State guidelines, the citations issued were unenforceable. The motion carried 4-0, .Hoesterey absent. 75 CITY COUNCIL MINUTES Page 6, 1-16-89 IX. Xo NEW BUSINESS 1. PARKS AND RECREATION COMMISSION ATTENDANCE AT CALIFORNIA AND PACIFIC SOUTHWEST RECREATION AND PARK CONFERENCE It was moved by Edgar, seconded by Kelly, to approve the Parks and Recreation Commission's attendance at the 1989 California and Pacific Southwest Recreation and Park Conference in Sacramento, California, and authorize a supplemental budget appropriation for 1988-89 in the amount of $4,200. Councilman Prescott asked if the Planning Commission received a per diem for conferences. Council/staff discussion followed regarding Planning Commission and Parks and Recreation Commission reimbursement procedures for certain "out of pocket" expenses. As an addition to the motion, it was determined that.-the Parks and Recreation Commission would be reimbursed, upon presentation of receipts, for legitimate expenses such as food, tips, parking and transportation to and from the airport. The motion carried 4-0, Hoesterey absent. 76 2. AWARD OF CONTI~ACT FOR SIDEWALK AND CURB AND GUTTER REPAIr PROJECT, 1988-89 FY, PROJECT #6235 It was moved by Edgar, seconded by Kelly., to award a contract for subject project to Raymor Electric Company, San Gabriel, California, in the amount of $98,194.17. The motion carried 4-0, Hoesterey absent. 868 AWARD OF CONTRACT FOR CONSTRUCTION OF PERIMETER BLOCK WALL AND ROLLING GATE AT 18602 SEVENTEENTH STREET (WELL SITE) Council'man Prescott asked if staff was concerned at the low amount bid for the project and what recourse would be available to the City if the contractor was unable to complete the construction. Robert Ledendecker, Director of Public Works, stated construction bidding does vary for many reasons; and, when a contract is awarded, the City has on file Performance, Labor and Material Bonds to draw upon in the event the contractor is unable to finish the project. It was moved by Prescott, seconded by Edgar, to award a contract for subject project to All Pro Masonry A.J.V., Compton, California, in the amount of $22,135.00. The motion carried 4-0, Hoesterey absent. ' 8~ 4. REQUEST FOR TREE REMOVALS It was moved by Edgar, seconded by Kelly, to approve tree removals at the following .locations: 14652 Mimosa Lane, 1762 Lance Drive and 1703 Stonehenge Drive. The motion carried 4-0, Hoesterey absent. 86 REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JANUARY 9, 1989 Councilman Edgar requested that Item No. 3, Amendment No' 1 to Use Permit 87-14/Southern Counties Oil Co., be removed from the. Planning Commission Action Agenda. It was moved by Edgar, seconded by Prescott, to ratify the remainder of the Planning commission Action Agenda of January 9, 1989. -The motion carried 4-0, Hoesterey absent. Christine Shingleton, Director of Community Development, informed Council that Item No. 3 had been appealed and the Public Hearing had been scheduled for the February 6, 1989 Council meeting. 80 CITY COUNCIL MINUTES Page 7, 1-16-89 XI. FIRST STREET/TUSTIN AVENUE INTERSECTION IMPROVEMENTS It was moved by Edgar, seconded by Prescott, to receive and file subject report. The motion carried ~.4-0, Hoesterey absent. 95 3. EMERGENCY SERVICES PROGRAM Mayor Kennedy thanked staff for the report and requested that Council be included in the preparation of the Emergency Plan.86 4. INVESTMENT SCHEDULE AS OF DECEMBER 31, 1988 It was moved by Edgar, seconded by K~nnedy, to receive and file subject report. The motion carried 3-1, Hoesterey absent and' Prescott opposed. Councilman Prescott stated he would continue to vote against the Investment Schedules until a new investment policy was adopted. Councilman Kelly expressed his disapproval of the timing as to when he was informed of the recent investment loss and wanted the Audit Committee to be more involved in th.e investment program. Councilman Edgar said the Council would have the opportunity to review the investment process during the joint workshop between the1989Council, and the Audit Committee to be held on February ~ EAST TUSTIN DEVELOPMENT MONITORING AND ANNUAL REVIEW REPORT: 1986-87 AND 1987-88 REVIEW PERIODS Christine Shingleton, Director of Community Development, reported that the Irvine Company had requested a continuance of this report until the February 6, 1989 Council meeting. Mayor Kennedy noted, as indicated in the report, the monitoring of the generation of income was based on a model rather than actual revenue and' cost. She questioned if an unusual financial event occurred, such as a depression, would the City be unable to supply new developments with proper services. Christine Shingleton responded that as a double check, although not required by the development agreement, staff would be requesting additional information for the actual revenue to compare against the models and renegotiate the development agreement if needed. The development agreement was designed to test models only, not actual conditions, and staff would attempt a resolution and report back to the Council. Mayor Pro Tem Edgar asked if the City was building more rapidly or more slowly than the previously estimated pace and was that information contained in the report. Christine Shingleton replied that the information was part of the lengthy supplemental information and indicated the residential development had fallen behind the original schedule. The commercial and automobile dealership development had fallen only slightly behind. Staff will augment this information at the February 6, 1989 Council meeting. It was moved by Edgar, seconded by Kennedy, to continue this item at the February 6, 1989 Council meeting. The motion carried 4-0, Hoesterey absent. ~1 PUBLIC INPUT 1. NOTIFICATION OF TUSTIN VILLAGE WAY HOMEOWNERS REGAI~DING CALTRANS MEETING ON FEBRUARY 28, 1989 Donna Wilson, 15500 Tustin Village Way, Tustin, requested that the Tustin Village Way homeowners be notified individually regarding the Caltrans meeting to be held on .February 28, 1989. CITY COUNCIL MINUTES Page 8, 1-16-89 XII. XIII. OTHER BUSINESS 1. DISTRIBUTION OF PLANNING COMMISSION AGENDA PACKET Councilman Prescott requested that his Planning Commission agenda packet be put in his mailbox rather than left at the Police Department. WATER WORKSHOP May6r Pro Tem Edgar gave a brief overview of the information and data that was received during the Water Workshop prior to the Council meeting, some of which would be agendized at the February 6, 1989 Co_uncil meeting. He commended staff on their presentation and for the data provided at the workshop. REDUCTION OF "NO PARKING" TIME.LIMIT DURING STREET SWEEPING Mayor Pro Tem Edgar questioned whether street parking prohibition for the entire six hours during street sweeping was necessary and could the street cleaning schedule be coordinated to reduce the time, He requested staff review the scheduling and submit a report to the Council. 4. SAFETY BARRICADES ON EL CAMINO Councilman Kelly reported that the safety barricades erected du. to the defective bricks on E1 Camino Real had blown over and created a hazard. He requested the situation be corrected. 5. GI~%FFITI SITE Councilman Kelly reported graffiti on the construction trailers at the Senior Citizen Center and requested removal. 6. ADJOURNMENT IN MEMORY OF DR. NARTIN LUTHER KING, JR. Councilman Kelly requested the meeting be adjourned in memory of Dr. Martin Luther King, Jr. 7. OI~%NGE COUNTY GRAND JURY SEEKING VOLUNTEERS Mayor Kennedy reported that volunteers were needed to serve as members of the Orange County Grand Jury. 8. INCREASED PROPERTY VALUES IN TUSTIN Mayor Kennedy noted the recent reports on television stating the property values in Tustin had increased the most in the County and everyone should be proud of this "very prime" location iv Orange County. ADJOURNMENT At 8:35 p.m., it was moved by Edgar, seconded by Prescott, to recess to the Redevelopment Agency, then adjourn in memory of Dr. Martin Luther King, Jr. to a joint workshop with the Audit Committee on Monday, February 6, 1989, at 5:00 p.m. and then to the next Regular Meeting on Monday, February 6, 1989, at 7:00 p.m. The motion carried 4-0, Hoesterey absent. MAYOR CITY CLERK