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HomeMy WebLinkAboutMINUTES 01-05-87MINUTES OF A REGULAR HEETING OF THE CITY COUNCIL OF ll4E CITY OF TUSTIN, CALIFORNIA DECEMBER 1§, 1986 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: Councilpersons Absent: Others Present: III. SPECIAJ~ PRESENTATION Donald J. Saltarelli, Mayor Ronald B. Hoesterey, Mayor Pro Tem Richard B. Edgar John Kelly Ursula E. Kennedy None William A. Huston, City Manager Mary E. Wynn, Cit~ Clerk Suzanne Atkins, Deputy City Attorney Christine Shingleton, Com. Dev. Director Charles R. Thayer, Chief of Police Ronald A. Nault, Finance Director Royleen A. White, Dir. of Com. & Admin. Srvcs. Susan Jones, Recreation Superintendent Mary Ann Chamberlain, Associate Planner Monda Buckley, Administrative Assistant Janet Hester, Administrative Secretary Approximately 17 in the Audience IV. 1. PLAOUE FOR DAVID EI)GAR, C~L~IRRAN, llJSTIN TILLER DAYS PARADE Mayor Saltarelli presented a plaque to David Edgar in appreciation for his dedicated service as Chairman of the 1986 Tustin Tiller Days Parade sponsored by the Tustin Jaycees. Mr. Edgar thanked the Council and staff members for their coopera- tion in the annual parade. On behalf of the Tustin Jaycees, Mr. Edgar presented each Council member with a cardholder which com- memorates the annual event. 84 Councilwoman Kennedy noted that Tustin Tiller Days Faire and Parade will be aired on December 17 and 19 at 6:30 p.m. on cable Channel 14. 2. SOU1}IERN C~J_IFORNIA EDISON COMPANY ll) ll4E CITY OF TUSTIN Pat Buttress, on behalf of Southern California Edison Company, pre- sented a Centennial Scroll to the City of Tustin as a valued cus- tomer. The Scroll recognizes that on July 4, 1886, the first of Edison's predecessor companies, the partnership of Holt & Krupp, switched on 40 electric arc light lamps as part of Visalia's Independence Day celebration. That evening 100 years ago marked the beginning of the first enterprise that would later become the Southern California Edison Company. ~ PUBLIC HEAJ~INGS PROPOSED DIAMOND HERO/GARLAND ANNEXATION NO. 137 PROTEST HEARING Subject annexation was initiated by Tustin City Council on August 4, 1986. The territory contains approximately 26.9 acres and consists of two parcels. Parcel 1 is located north of Bryan, east of Red Hill Avenue (approximately 22.4 acres). Parcel 2 is west of Red Hill Avenue north and south of Garland Avenue (approxi- mately 4.5 acres). CITY COUNCIL MINUTES Page 2, 12-15-86 The staff report and recommendation were )resented by the Director of Community Development as contained in the inter-com dated December 15, 1986, prepared by the Community Development Depart- ment. The Director responded to Councilman Edgar that .two written pro- tests were received from Nancy R. Gamson and Robert Gamson, 1542 Kalua Lane. Councilman Edgar clarified that the annexation was initiated by the City at the request of a resident. The Mayor opened the public hearing at 7:11. p.m. There were no speakers on the matter, and the public hearing was closed. It was moved by Edgar, seconded by Kelly, to direct staff to pre- pare a resolution ordering the territory, annexed without an elec- tion, based upon the finding that the value of written protests filed is less than 50% of the registered voters within the affected territory. Motion carried 5-0. 24 2o t3TH YEAR APPLICATION IN THE COI 4UNITY DEVELOPHENT BLOCK GRANT PRO- G AM (HCa) . A citizen participation meeting was held on December 5, 1986. The City proposes to submit an application to the County of Orange for HCD funds as follows: I) Public Facilities Improvements - $150,000.00 (Funds for Street Improvements in the Annexation No. 135 Area); . 2) Public Facilities Improvements - $100,000.00 (Funds for Street improvements in t~ Orange Street Area); 3} Rehabilitation of Housing Stock- $100,000.00 (Low Interest Loan and Grants to Allow Continuation of our Rehab Program); and 4) Senior Citizen Community Center - $100,000.00 {Funds for the Construction of a new Senior Citizen Center). Council/staff dicussion followed regarding public facilities improvements in the Laguna-Tustin East Annexation No. 135 area. The public hearing was opened by Mayor Saltarelli at 7:18 p.m. There were no speakers on the matter, and the public hearing was closed. It was moved by Kennedy, seconded by Hoesterey, to approve by Minute Order, submittal of the 13th Year CDBG application for Fiscal Year 1987-88, as listed above. Carried 5-0. 81 PUBLIC INPUT - None. CONSENT CALENDAR Consent Calendar Items 4 and 5 were removed from the Consent Calendar .by Kelly. It was moved by Edgar, seconded by Hoesterey, to approve the remainder of the Consent Calendar. Motion carried 5-0. 1. APPROVAL OF MINUTES - DECEMBER 1, 1986, REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $146,001.53 RATIFICATION OF PAYROLL IN THE AMOUNT OF $1,116,890.24 60 3. AGREEMENT FOR DESIGN OF NEIGHBORHOOD PARK TRACT NO. 12345 Approve the agreement for professional services with the FORMA Corporation, Newport Beach, to complete park design, bid docu- ments, and specifications for a 4.25-acre neighborhood park site in East Tustin Tract No. 12345 at a cost not to exceed $50,000; and authorize the Mayor and City Clerk to execute same as recommended by the Community Services Department. 45; 86-68 FIRE SERVICES AGREEMENT Approve the'agreement with the County of Orange for fire ser- vices for the period July 1, 1986, through June 30, 1991, at a cost based on the County's Cost Allocation Plan; and authorize the Mayor and City Clerk to execute same as recommended by the City Manager. .45; 86-69 CITY COUNCIL MINUTES Page 3, 12-15-86 7. RENEWAL OF CIVIC CENTER CONPLEX LANDSCAPE NAINTENANCE CONTRACT Authorize the ~nnual renewal of the landscape maintenance con- tract for the Civic Center Complex with Porshia Alexander of America, Inc., Covina, at an estimated cost of $29,815.80 as recommended by the Public Works Department/Engineering Divi- sion. 39 8. RESOLUTION NO. 86-142 - A RESOLUTION'* OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 12763 (East Tustin Specific Plan/Sectors 10 and 11) Adopt Resolution No. 86-142 as recommended by the Planning Com- mission. 99 CITIZEN CONCERN AT 15912 SOUTH lCfRTLE AVENUE - REQUEST FOR TREE REHOVAL Authorize removal of the ficus tree at 15912 Myrtle Avenue and replacement of a tree in a new location 'with a species that would provide minimal impact to the curb/gutter and sidewalk as recommended by the Public Works Department/Engineering Divi- sion. 86.1 Consent Calendar Item No. 4 - Tree Removals & Root Pruning at Various Locations - After a brief question-and-answer period, it was moved by Kennedy, seconded by Edgar, to approve Consent Calendar Item No. 4 as follows: e AUTNORIZATION FOR TREE REMOVALS & ROOT PRUNING AT VARIOUS LOCA- TIO~ Authorize tree removals at the following locations: 17571 Brent Lane; 2001 Fallen Leaf; 13391 Diamond Head; 14791 Hills- boro; 14572 Danborough; 14592 Acacia; 17442 Village Drive; 17491 Village Drive; 14911 Bridgeport; 14722 Hillsboro; and authorize staff to prune tree roots at 13672 Farmington as recommended by the Public Works Department/Engineering Divi- sion. The motion carried 5-0. 86.1 Consent Calendar Item No. 5 - Arterial Highway Financing Program (AHFP) Submittal - Councilman Kelly was desirous of accelerating the project and requesting that staff inquire with the AHFP as to the feasibility of the City front-ending the AHFP portion.of funding and requesting reimbursement after July 1, 1987. Councilman Edgar and the City Manager responded that the first step would be filing, second step would be approval of the County and then we could come back to the Council on the question of whether to accel- erate the project. It was moved by Hoesterey, seconded by Edgar,, to approve Consent Cal- endar Item No. 5 as follows: 5. RESOLUTION NO. 86-144 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF THE NORTHEASTERLY CORNER OF RED HILL AVENUE AND WALNUT AVENUE Adopt Resolution No. 86-144 requesting the County of Orange to include within the AHFP the improvement of the northeasterly corner of Red Hill Avenue and Walnut Avenue; and approve the City's Fiscal Year 1987-88 application for said improvement project in the amount of $67,900 as recommended by the Public Works Department/Engineering Division. Carried 5-0. 95 VII. ORDINANCES FOR INTRODUCTION - None. VIII. ORDINANCES FOR ADOPTION - None. CITY COUNCIL MINUTES Page 4, 12-15-86 IX. OtB BUSINESS 1. CONTINUED CONSIDERATION OF ORANGE COUNTY CITIES RISK MANAGEMENT AUTHORITY (OCCRMA) LIABILITY - RESOLUTION NO. 86-140 The staff report and recommendation were presented by the City Manager as contained in the inter-com dated December 10, 1986, pre- pared by the Finance Department. It was moved by Edgar, seconded by Kennedy, to adopt the following resolution authorizing the City of Tustin to participate in the Orange County Risk Management Authority liability and automobile excess insurance pool: RESOLUTION NO. 86-140 - A RESOLUTION OF THE CITY COUNCI~ OF THE CITY OF TUSTIN AUTHORIZING PARTICIPATION IN 'THE ORANGE COUNTY CITIES RISK MANAGEMENT AUTHORITY LIABILITY RISK SHARING POOL Mayor Pro Tem Hoesterey stated that joining the OCCRMA liability risk sharing pool is Tustin's best option available. The Finance Director responded to Councilwoman Kenaedy that the City is com- mitted for a period of three years. Thereafter, one year's notice is required to terminate participation. Mayor Saltarelli felt that the City would be in a better position to establish its own fund, deposit the premium amount into same, and administer the program itself or have it administered by a third party. Council debate followed. The motion carried 3-2, Kelly and Saltarelli opposed. 5g NEW BUSINESS CONVERSION OF PERMISSIVE LEFT TURNS 'EO PROTECTED LEFT TURNS Conversion at various intersections as follows: Irvine Boulevard at Yorba; McFadden Avenue at Pasadena; McFadden Avenue at Williams; McFadden Avenue at Tustin Village Way; McFadden Avenue at Ritchey; Red Hill Avenue at Irvine Boulevard; Red Hill Avenue at Walnut; Red Hill Avenue at Sycamore; and Red Hill Avenue at Carnegie. Staff recommends a supplemental FY 1986-87 budget appropriation in the amount of $20,000 for the conversion of subject intersections utilizing permissive left turn phasing to full protected left turns. (Reference Redevelopment Agency Agenda, Item No. 4) Mayor Saltarelli requested that subject item be continued to the January 5, 1987, meeting when the Director of Public Works would be present to' respond to Council questions. He stated that Council direction was to standardize existing permissive left-turn move- ments so that the green arrow would appear either at the beginning or end of the green phase. It was moved by Saltarelli, seconded by Edgar, to continue subject item to January 5, lg87. Councilwoman Kennedy noted that there was to be discussion between Police and Engineering staffs, and she did not know if the report was a result of such discussion. After further Council/staff dis- cussion, the motion carried 5-0. 94 AGREEMENT FOR PAYMENT OF COSTS FOR INFRASTRUCTURE IMPROVEMENTS - EAST TUSTIN ASSESSMENT DISTRICT NO. 86-2 Assessment District No. 86-2 covers the remaining area northerly of Irvine Boulevard within the East Tustin Specific Plan. The pro- posed.'infrastructure projects include roadway improvements, con- struction of traffic signal improvements, and flood control facili- ties. The total preliminary cost estimate is $43,808,818. As recommended in the inter-com dated December 9, 1986, prepared by the Public Works Department/Engineering Division, it was moved by Edgar, seconded by Kennedy, to approve the Agreement for Payment of CITY COUNCIL MINUTES Page 5, 12-15-86 e Costs for Infrastructure Improvements - East Tustin Assessment Dis- trict No. 86-2 with The Irvine Company; and authorize the Mayor and City Clerk to execute same. Motion carried 5-0. 45; 8~-70 BID AgARD - SIDEWALK/WHEELCHAIR RAMPS - EL CAIqINO REAL/TUSTIN RANCH ROAD Bids for subject project were received on December 9 as follows: B-1 Enterprise, Rancho Cucamonga, Nobest, Inc., Westminster Josip Kovac, Huntington Beach Pinco, Pomona Dudley Masonry, Anaheim Ann & Hammer, Tustin DeAnnond Construction, Fontana Damon Construction, Gardena Bruce Paving, Gardena $ 92,160.00 $ 97,536.00 $ 97,920.00 $105,216.00 $107,904.00 $108,288.00 $112,896.00 $127,872.00 $138,240.00 It was moved by Kennedy, seconded by Kelly, to award the bid for sidewalk and wheelchair ramps at E1 Camino Real and Tustin Ranch Road to the low bidder, B-1 Enterprise Corporation, Rancho Cuca- monga, in the amount of $92,160 as recommended in the inter-com dated December 9; 1986, prepared by the Public Works Department/ Engineering Division. Carried 5-0. 92 4. BID REdECTION - EMBOSSED CONCRETE ~DIAN PAVING IMPROVEMENTS It was moved by Hoesterey, seconded by Edgar, to reject the sole bid from Nobest Construction for embossed concrete median paving at various locations within the City of Tustin which was 42.7% over the budgeted amount; and re-advertise at a later date as recom- mended by the Public Works Department/Engineering Division in the inter-com dated December 9, 1986. The motion carried 5-0. 92 ENGINEERING AND ENVIRONMENTAL ANALYSIS OF I-5/EASTERN TRANSPORTA- TION CORRIDOR (ETC) INTERCHANGE Councilman Edgar felt it important that the Eastern Corridor traf- fic flow analysis be an integral part to the design of this environmental analysis. He recommended approval with the condition that traffic flow counts derived from the Eastern Corridor analysis be included in subject analysis, even if it requi, res a traffic flow study for the entire Corridor rather than just the portion of road between Irvine and Tustin at additional cost. He felt it appro- priate that Council understand that before committing to a particu- lar intersection in a specific environmental review. It was moved by Edgar, seconded by Kennedy, to approve the firm of Robert Bein, William Frost & Associates (RBF) to perform engineer- ing and environmental analysis of the I-5/ETC interchange with the condition that the Eastern Corridor traffic flow analysis be an integral part to the design of subject analysis; and to authorize a supplemental budget appropriation in the amount of $39,400 for Tustin's share (50%) of said work as recommended by the Public Works Department/Engineering Division. Mayor Pro Tem Hoesterey felt the City should reserve the right to recover the costs for the study from the JPA since the results of this analysis will probably offset engineering costs that would have been incurred by the JPA in the future. Council concurred. The motion Carried 5-0. 45; 86-71 100 AUTHORIZATION TO ADVERTISE FOR BIOS FOR TELECOI~4UNICATIONS EQUIPMENT - RESOLUTION NO. 86-143 Pursuant to the .recommendation contained in the inter-com dated December 15, 1986, prepared by the City Manager, it was moved by Kennedy, seconded by Edgar, to adopt the following: CITY COUNCIL MINUTES Page 6, 12-15-86 XI. RESOLUTION NO. 86-143 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING A REQUEST FOR PROPOSALS FOR TELECOMMUNI- CATIONS SYSTEM FOR THE CITY OF TUSTIN AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS The motion'carried 5-0. 7. INTERNAL PROCEDURES FOR IMPLEMENTATION OF THE RALPH M. BROWN ACT EFFECTIVE JANUARY 1, 1987 It was moved by Edgar, seconded by'Hoesterey, to approve and adopt by Minute Order the procedures for implementation of the Ralph M. Brown Act effective January 1, 1987, as contained in the inter-com dated December 12, 1986, prepared by the City Attorney. The motion carried 5-0. ~ REPORTS 1. PLANNING CO~ISSION ACTIONS - DECEMBER 8, 1986 It was moved by Hoesterey, seconded bj/.Kellj/, to ratify the entire Planning Commission Action Agenda of December 8, 1986. Carried 5-0. ~ 2. INVESTMENT SCHEDULE AS OF NOVEMBER 30, 1986 It was moved by Hoesterey, seconded by Edgar, to receive and file subject report dated December 10, 1986, prepared by the Finance Department. The motion carried 5-0. 50 XII. OlliER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested that following the Redevelopment Agency meeting, the City Council recess to a Closed Session to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54967.6. Z. POTENTIAL ANNEXATION OF NORTH TUSTIN AREA Mayor Pro Tem Hoesterey reported that the December 4 meeting of the North Tustin Municipal Advisory Council (NTMAC) did not provide any clear direction or consensus of what those residents desire in the future for their area. He reiterated Council's traditional position of not actively encouraging annexation until a solid proposal is presented to which Council then reacts and takes under consideration. He stated that Council departed from that policy somewhat by perhaps encouraging that it would actively consider potential annexation of the North Tustin area which may have put Tustin in a difficult position as this transpired. The motion by Hoestere~ to retain Council's traditional policy of not actively encouraging annexation until a specific proposal is presented, and to protect its sphere of influence died for lack of a second. Mayor Saltarelli stated that it may be necessary for the city to file some annexations to protect its sphere of influence, particu- larly if incorporation petitions are in circulation. Tustin requested and received its sphere of influence a number of years ago at great expense in time and money in the planning process. Even in this case, it was NTMAC who came to Tustin requesting views on large annexations. The Mayor felt Council's traditional policy is basically intact. He was concerned that if it is made concrete, then someone could come back and say Tustin should withdraw its sphere of influence because it is not going to initiate any annex- ation unless a request is submitted. CITY COUNCIL MINUTES Page 7, 12-15-86 Councilman Edgar stated that although he shares many of Mayor Pro Tem Hoesterey's feelings, he is not anxious to take any action that would close doors in the future. Lengthy Council debate on the matter followed. Councilman Edgar stated that Council should authorize the Mayor to present Council's position against a formal incorporation request without a rational boundaryr without a service plan, and without any preliminary dialog with the City. The Mayor stated that NTMAC will present a petition to the East Orange County Water District on December 18. He felt Tustin should be represented at subject meeting to oppose the incorporation peti- tion on the basis that boundaries have not been discussed with Tustin, it is a major encroachment into'our sphere of influence, they have not passed a petition to show significant interest, nor have they presented facts on what the cost to residents would be. The City Manager reported that there has been absolutely no contact via correspondence or telephone from th6 Water District on what the City's position is on the matter. The only thing staff has seen from the Water District is a draft resolution which calls for all of Community Service Area 5 to be incorporated, which would totally eliminate Tustin's sphere of influence. Subject resolution was obtained informally through a Board member. It 'was moved b_~ Edgar, seconded by Hoesterey, to authorize the Mayor and City Manager to express the Tustin City Council's formal opinion at the December 18 meeting of the East Orange County Water District that incorporation plans for the entire Community Service Area 5 without a rational boundary, without a financial plan, and without any preliminary dialog with the City of Tustin is unaccept- able. The motion carried 5-0. 24 3. REQUEST FOR MONTHLY DEPARTMENTAL EXPENDITURE REPORTS In response to Councilman Kelly, the Finance Director indicated that staff would provide a copy of the monthly departmental expen- diture reports which would help him understand the Affidavit of Demands and Payroll. 50 4. STAllJS OF MOBILE SOUND MONITORS Councilman Kelly asked about the status of the mobile sound moni- tors for aircraft. The City Manager responded that he and the Mayor would be talking about the strategy of approaching the County on this matter. 101 GRAFFITI ALONG NEWPORT AVENUE Councilwoman Kennedy reported graffiti at the I-5 freeway and Newport Avenue and across the street on the wall beside the Sizzler Restaurant. 6. CABLEVISION PJ~TE INCREASE Councilwoman Kennedy asked about the rate change in the transition from Communicom to American Cable Systems. Monda Buckley responded that the proposal includes an increase in service availability of channels and yet a decrease in the premiums going from Communicom to American. They have such a broad base, they can afford to do this. There is nothing confirmed, it has just been discussed. Mr. Coleman has been very responsive to our concerns when we get complaints. In checking with the cities he has worked with. he has maintained that posture throughout his service. 7. PIPELINE BEAK The City Manager responded to Councilwoman Kennedy that there is a procedure where we can file a claim to recover costs of Police time involved in the pipeline break within an easement in the vicinity north of the railroad tracks and south of the industrial area. It CITY COUNCIL MINUTES Page 8, 12-15-86 XIII. was suggested that we send a letter of thanks to the OC Sanitation District, the Fire Dept., and any other agencies involved in the clean up. It was an example of all the agencies working together to avoid a very serious situation. 7. I-5/$5 INTERSECTION WIDENING Councilman Edgar said that he was very pleased" to hear that the intersection widening of I-5/55 will include the renovation of the overcrossing of Newport Avenue which means that in another two years they will be initiating some of that construction. 101 RECESS - REDEVELOPMENT; CLOSED SESSION - AO~OURNMENT At 8:41 p.m., it was moved by Kennedy, seconded by Edgar, to recess to the Redevelopment Agency; thence to a Closed Session of the City Coun- cil to meet with its designated representatives regarding labor rela- tions matters pursuant to Government Code Section 54967.6: and thence adjourn in memory of Dean Cochran and James McCalla, to the next Regular Meeting on Monday, January 5, 1987~at 7:00 p.m. Carried 5-0. -- ~[A¥OR CITY CLERK