HomeMy WebLinkAboutMINUTES OF 10-19-87II.
III.
IV.
V.
NIBUTES OF A REGULAR I~ETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CN. IFOPJIIA
OCTOBER 19, 1987
CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was calied to order by Mayor Edgar at 7:00 p.m. in the City
Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led
Councilman
and the Invocation was given by
by Councilman Kelly,
Hoesterey.
ROLL CALL
Councilpersons Present:
Council persons Absent:
Others Present:
PROCLAHATIONS
1.
2e
Richard B. Edgar, Mayor
Ursula E. Kennedy, Mayor Pro Tem
Ronald B, Hoesterey
John Kelly
Earl J. Prescott
None
William A. Huston, City Manager
James G. Rourke, City Attorney
Mary E. Wynn, City Clerk
Christine Shihgleton, Community Dev. Director
Robert Ledendecker, Oir. of Pbbl'ic Works
Charles R. Thayer, Chief of Police
Royleen A. Site, Oir. of Com. & Admin. Srvcs.
Lloyd Dick, Building Official
Approximately 20 in the Audience
HARGARET GREINKE & THE CITY OF TUSTIN 60TH ARNIVERSARY CELEBRATION
COl~lIli'[E - SPECIAL Pt. AI~E PRESENTATION TO I~RGARET GREINKE
Mayor Edgar read a proclamation in ~ppreciation to the Committee
members for their -hard work and dedication in coordinating the .
special activities commemorating the event.
Additionally, the Mayor presented Margaret Greinke with a plaque
for her services as Chairperson of the City of Tustin 60th Anniver-
sary Celebration C~,alttee.
On behalf of the Committee, Mrs. Greinke expressed her thanks to
the Council. 84
"RED RIBBON ~EK' - OCTOBER 25.,-31, 1987
The Mayor presented a proclamation designating October 25-31, 1987,
as "Red Ribbon Week" to Ethel Reynolds, Parents Who Care, and Karen
Mergeler. Ms. Reynolds thanked the Council and presented each
Councilmember with a red ribbon. 84
PUBLIC HEJ~INGS
None.
PUBLIC INPUT
1.
EAST TUSTIN - CABLE TELEVISION FRANCHISE
Bob Coleman, General Manager of American Cablesystems, requested
that the matter of cable television in East Tustin be agendized for
the next meeting as it was discussed at the October 7 meeting.
The City Manager interjected that he had informed Mr. Coleman this
date via telephone that staff had agendized subject item for the
November 2 meeting.
It was moved by Hoesterey, seconded by Prescott, to agendize sub-
ject matter for the November 2, 1987, City Council meeting. After
a question-and-answer period, the motion carried 5-0. 53
CITY COUNCIL MINUT
Page 2, 10-1g-87
VI.
NORTH TUSTIN HOMEOWNERS CORPORATION
Joseph Herzig, North Tustin Homeowners Corporation, was informed by
the City Attorney that Council would consider in Closed Session the
litigation filed against the City by the North Tustin Homeowners
Corporation. The Mayor added that any action from Closed Session
would be announced in public as required by law. 24
CONSENT CALENDAR
It was moved by Hoesterey, seconded by Kennedy,'to approve the entire
Consent Calendar. The motion carried 5-0.
1. APPROVAL OF MINUTES - OCTOBER 7, 1987, ADJOURNED REGULAR MEETING
g. APPROVAL OF OE)tANOS IN THE AMOUNT OF $1,315,581.87
RATIFICATION OF PAYROLL IN THE AMOUNT OF $329,291.89 50
3. REJECTION OF CLAIM NO. 87-17; CLAIMANT: JUSTIN VAN OER YOLK/PAT
VAN OER YOLK, PA. RENT A/iD GUARDIAN; DATE OF LOSS: 3/15/87; OATE
FILEO WITH CITY: 6/2Z/87
Rejected subject claim for personal injuries in an amount
unknown, but which will exceed $5,000 as recommended by the
City Attorney. 40
4. REJECTION OF C~J~IM NO. 87-13; CI.RIMANT: BIANCA MARIA RIZZO; OATE
OF LOSS: 1/16/87; OATE FILED WITH CITY: 3/27/87
Rejected subject claim for personal injuries and property
damage in an amount of $5,000,000 as recommended by the City
Attorney. 40
S. RESOLUTION NO. 87-120 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 87-3
(Lots 6 and 10, Tract 12763)
Adopted Resolution No. 87-120 as recommended by the Public
Works Department/Engineering Oivislon.
6. REIHBURSEMEIfr AGREEMENT WITH IRVINE RANCH WATER DISTRICT (IRNO) RE
CONSTRUCTION OF OISTRICT FACILITIES IN JANBOREE ROAD BETWEEN I-5
FREEWAY AND CRVINE HOULEVARO
Approved subject agreement for reimbursement by IRWD for costs
estimated at $490,000; and authorized the Mayor and City Clerk
to execute same, as recommended by the Public Works Department/
Engineering Division. 45; 87-44
VII. OROIMANCE FOR INTROOUCTION
SPEEO ZONES: ENGINEERING & TILAPFIC SURVEY - OROIMANCE NO. 996
Survey prepared by BSI Consultants, Inc., recommends certain Speed
limits on Holt Avenue from Irvine to Warren; Newport Avenue from
Sycamore to Walnut, from Walnut to E1 Camino Real, and E1 Camino
Real to Wass Street; Pasadena Avenue from Sycamore to McFadden; and
Redhill Avenue from Barranca to Edinger.
The staff report and recommendation were presented by the Public
Works Director as contained in the inter-com dated October g, 1987,
prepared by the Public Works Department/Engineering Division.
It was moved by Hoesterey, seconded by Kelly, to approve the Engi-
neering and Traffic Survey dated September 16, 1987, as prepared by
Dennis Barnes, Consulting Traffic Engineer of BSI Consultants,
Inc. Motion carried 5-0.
It was moved by Hoesterey, seconded by Kelly, that Ordinance No.
996 have first reading by title only. Carried 5-0. Following
first reading by title only of Ordinance No. 996 by the City Clerk,
it was moved by Hoesterey, seconded by Kelly, that Ordinance No.
996 be introduced as follows:
OROINANCE NO. gg§ - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS ON CER-
TAIN STREETS (Holt, Newport, Pasadena and Redhill Avenues)
'Carried 5-0. 100
VIII. OIII)IMNC£ FOR ADOPTION
t'rTY COUNCIL HINUTES
· 3~ 10-1g-87
1,.
IX.
8RANDISllING OF REPLICA FIREARMS - ORDINANCE: NO. 994 - NOT ADOPTEO
Proposed ordinance for use as interim enforcement tool for officers
in incidents regarding the bea~dishment or threatening display of
replica firearms until Assembly Bill 205 becomes effective on
January 1, 1088. Subject ordinance received first reading and
introduction at the October 7, 1987, Adjourned Regular Meeting.
It was moved by Kennedyt seconded by Edgar, that Ordinance No. 994
have second reading by title only. Motion carried 5-0. Following
second reading by title only of Ordinance No. 994 by the City
Clerk, it was moved by_.Kennedy~ seconded by Edgar, that Ordinance
No. g94 be passed and adopted as follows:
OROINANCE NO. 994 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADDING SECTION 6202 TO CHAPTER 2 OF ARTICLE 6
OF THE TUSTIN CITY CODE REGARDING THE BRANDISHING OR THREATENING
DISPLAY OF REPLICA FIREARMS
Councilman Prescott stated that the ordinance is duplicitous of
what has already been enacted byXState legislature.. He suggested
that the ordinance be denied and/or amendeU to sunset on
December 31, lg87. Councilman Kelly concurred. Council debate
ensued.
Roll call vote:
AYES: Edgar, Kennedy
NOES: Hoesterey, Kelly, Prescott
ABSENT: None
The motion failed 2-3.
BUSINESS
COLUI'~,US TUSTIN PARK PtlASE II
A detailed Design Development Report for Columbus Tustin Park for
Council consideration.
The City Manager provided an update to the October 13, lg87, inter-
tom prepared by the Community Services Department, and stated that
$5g,000 is estimated to be available from the Park Bond Fund; and
$6,000 would have to be appropriated from either the General Fund
or the Town Center Redevelopment Project Fund.
The Director of Community and Administrative Services recounted
where the Design Development Report stands since its preparation by
Recreation Systems, Inc., in December, 1982.
Lengthy Council discussion ensued regarding buflding construction
funding, community input, project scope, and landscaping.
The Director clarified that the Design Development Report is a
result of a great deal of community participation and completion of
all consultant work by Recreation Systems which the City retained.
The next step is to proceed with working drawings. She stated that
if Council wished, the Committee could be reinstituted to re-review
the plan and the consultant retained on an hourly basis to assist.
After further discussion, it was moved by Edgar~ seconded by Kelly,
to support Site Plan "A" of the Design Development Report for
Columbus-Tustin Park, prepared by Recreation Systems, Inc., dated
December, 1982.
Councilman Hoesterey suggested Council wait to rehire the consul-
tant until all project funding is in place and the City is ready to
proceed with the entire project.
The motion carried 5-0. 77
CITY COUNCIL MINUI
Page 4, 10-19-87
Xe
NEW
1.
It was moved by Kennedy, seconded by Edgar, to reinstitute the
Ci'tizens Advisory Committee, Columbus Tustin Park Development, to
update the Design Development Report and advertise for community
involvement. Motion carried 5-0. 77
BUSINESS
F~ERGENCY REPLACEMENT O~ TRAFFIC SIGNAL CONTROLLERS - RESOLUTION
MO. 87-119
Replacement of traffic signal controller units at the intersections
of Redhill and Valencia Avenues and at Redhill and Warner Avenues
which are approximately 18 years old and experiencing malfunctions.
As recommended in t~e inter-com dated October 13, 1987, prepared by
the Public Works Department/Engineering Division, it was moved by
Hoesterey, seconded by Kennedy, to:
Adopt the following;
RESOLUTION NO. 87-119 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, DECLARING THAT
PUBLIC INTEREST AND NECESSITY DEMANDS IMMEDIATE EXPENDITURE OF
PUBLIC MONEY TO SAFEGUARD LIFE AND HEALTH
2)
Award the bid to Steiny and Company, Fullerton, for the
replacement of traffic signal controllers at Red Hill/Valencia
Avenues and Red Hill/Warner Avenues in the amount of $32,961;
and
3) Authorize a supplemental 1987-88 Budget appropriation in the
amount of $33,000 in General Fund monies for subject project.
Following a question-and-answer period, the motion carried 5-0. 94
2. OILRNGE COUNTY INTERGOVERN~NTAL ~(SSOCIATION
Mayor Edgar requested this item be agendized. He led discussion
regarding Supervisor Welder's request that the League of California
Cities consider her proposal to establish an Intergovernmental
Association in Orange County, the structure of which could range
from very informal to as formal as the Southern California Associa-
tion of Governments {SCAG).
The Mayor expressed opposition to the concept of relegating respon-
sibilities to another government agency. Councilmembers Hoesterey,
Kelly and Prescott concurred.
Mayor Pro Tem Kennedy stated she had no opinion at this time, and
would like to see the report that is forthcoming from the County.
After further discussion, it was moved by Edgar, seconded by
Prescott, to direct a letter to the Board of Supervisors and all
~ounty cities indicating that the Tustin City Council feels
opportunities currently exist for cooperation within the existing
structure, listing examples of such, and is adamantly opposed to
setting up another layer of government. The motion carried 5-0.
68
REVIEW OF NORTH TUSTIN MUNICIPAL AOVISORY COUNCIL (NTNAC) BYLAWS &
NTHAC REQUEST 113 OOXN LEAGUE OF CALXFORNIA CITIES
Mayor Edgar requested this item be agendized. He invited Council
comments.
Councilman Prescott expressed appreciation for Supervisor Stanton's
request for suggestions to change the NTMAC draft bylaws, and made
the following recommendations:
Article IV. Objectives. Strike the second sentence and replace
with the following: "The Council shall submit its comments con-
cerning services provided by the County or other local governmental
agencies directly to the Board of Supervisors which will respond to
COUNCIL M~NUTES
5, 10-1g-87
or refer the comments as it deems appropriate. The Council shall
not directly represent the community within the territory to any
governmental organization except the Board of Supervisors."
Article VI. Officers. Paragraph A-4. Treasurer. Amend the last
sentence to rea ,'~... shall render to t~ty Administrative
Officer and to the Council a monthly accounting of all such trans-
actions and the final financial condition of the Council."
Article V. Membership and Term - limit terms of service to two
consecutive terms to facilitate greater citizen involvement in the
governmental process and more people living in North Tustin com-
munity could become directly involved in NTMAC.
Counctlmombers Kennedy and Noesterey concurred with Councilman
Kelly that it is inappropriate to comment on NTMAC bylaws, just as
it is inappropriate for someone from the unincorporated area to
comment on Tustin governmental functions.
The Mayor responded that Supervisor Stanton specifically requested
suggestions. Me thought it relevant that the original intent in
forming NTMAC, which is to advise the Board of Supervisors, be
followed through in their actions. He felt it improper that NTMAC
interprets other challenges not identified in their original bylaws
and expands activities as they see fit, and felt it proper for the
bylaws to restrain NTMAC to the exact purpose for which it was
created.
Councilman Hoesterey rebutted that if the Board of Supervisors
feels NTMAC is werking outside of its original intention, it is up
to the Board to deal with the situatlqn. He suggested responding
on a personal, individual basis. But as an official policy of the
Council, he felt the situation would be best left alone.
Council debate followed. Councilman Prescott suggested the Council
share its viewpoints individually with Supervisor Stanton.
Joseph Herzig, [75[ Rainbow Drive, noted that NTMAC members are
elected by residents of the area it represents, and hoped Council
would not incorporate a substantive part of Councilman Prescott's
suggestions. He expressed support of NTMAC.
There was consensus to not send an official letter from the City
regarding NTMAC's bylaws, and if any Councilperson wishes to speak
to Chairman Stanton, they should do so on an individual basis.
Mayor Edgar proceeded with Councilman Hoesterey's suggestion to
discuss the relevance of NTMA¢'s request to become a non-voting
member of the League of California Cities.
Following Council discussion, it was moved by Hoestere¥~ seconded
, to send a letter to the League of California Cities
them of Tustin's position that NTMAC's request to become a
non-voting member of the LCC is inappropriate as follows:
1) The League of Cities' basic role is to enable cities to work
together. By having NTMAC as an informal participant, it pre-
supposes that they have some authorities associated with the
City (Tustin).
2)
Particularly unacceptable is the fact that areas represented by
NTMAC are either in Tustin's or Orange's sphere of influence.
Representation through that channel is through existing
spheres of influence.
After further discussion, the motion carried 5-0.
The Mayor responded to Oessa Schroeder's request for clarification
of how the spheres of influence affect Council's position. Ms.
Schroeder expressed disappointment with, Council's position that
NTMAC's request is unacceptable.
CITY COUNCIL MINUTE
Page 6, 10-19-87
XI. RE~RTS
1. PLAN#ING CO~II~ISSION ACTIONS - OCTOBER 12, 1987
All actions of the Planning Commission become final unless appealed
by the City Council or member of the public.
Following a question-and-answer period, it was moved ..by .Hoesterey,
seconded b~ Kelly, to ratify the Planning Commission Action Agenda
of October 12, 1987. The motion carried 5-0. 80
XII. OTMER BUSIN£SS
~. RESIDENTXAL STRUCTURE AT Z35 WEST MAIN STREET
Councilman Kelly requested that staff provide an update on future
plans for use of the residential structure at 235 West Main Street.
107
2. JOHN WAYNE AZRPORT NOISE MONITORING PROGRAM
Councilman Kelly requested that staff continue to provide an air-
port monitoring program update report on each agenda.
The City Manager responded to Mayor Pro Tem Kennedy that Mr. Van
Houten {consultant) will be contacting Mr. Knox very soon, now that
his contract has officially begun. 101
3. DISASTER PREPAREDNESS PLAN
Mayor Pro Tem Kennedy requested that the Emergency Preparedness
Plan recently mailed to Councilmembers be agendized for discussion
and staff input at the November.2 meeting. Councilman Hoesterey
noted that copies of the plan need not be included in the Council
books. 103
4. A~IOUNI' OF AIR TRAFFIC OVER ORAJtGE COUNTY
Councilman Hoesterey referenced a letter from the Chamber of Com-
merce President regarding the terminal control area (TCA) around
LAX. He explained that when the FAA eliminated the VFR corridors
over LAX, a lot more air traffic was rerouted around that TCA with
a tremendous effect on Orange County.
It also put most private aircraft into narrow corridors. Instead
of a much wider area for aircraft to travel through the basin, it
has basically created freeway situations outside the TCA. He felt
that Council should closely monitor that situation and perhaps
minimize the amount of air traffic over Tustin, in accordance with
Councilman Kelly's desires.
The Mayor responded that he would like to have a plan to collect
hard data rather than just casual perceptions.
Councilman Hoesterey suggested that he could provide a brief, regu-
lar report to Council on the matter with some recommended actions
so that Council knows how it affects the community. He stated that
whenever anything is done at the Federal level, ramifications occur
that may not be considered when the decision is made, and perhaps
Tustin can take actions to protect its own interests. 101
PETITION REGARDING CALIFORNIA APART)~ENTS
Councilman Kelly referenced a petition from Mr. Lennihan, Drayton
Avenue resident, containing a list of various complaints from area
residents relative to adverse conditions and persons who visit and
reside at the California Apartments complex. The matter was
referred to the Director of Public Works for review and recommenda-
tion.
6. AD~IOU~I(T IN ~ORY OF "BLACK MONDAY"
COUNCIL MINUTES
Page 7, 10-1g-87
Councilman Prescott requested Council adjourn cognizant of the fact
that today the stock market experienced its worst crash in recorded
history, going down 23%, over 500 points, which ~ay be the begin-
ning of a new depression. 84
7, MAR~LqET BYRO ItOSPITALIZEO
The Mayor announced that Margaret Byrd, faithful attendee at City
Council meetings, is in the hospital after suffering a slight
stroke. He requested that everyone keep her in their prayers. 38
PROCLAt4RTIONS FOR TUSTI~'S 60TH ANNIVERSARY CELEBRATION
Mayor Edgar noted that proclamations from Orange County cities and
other governmental entities are on display behind the Council
dais. He requested that staff investigate the possibility of dis-
playing them for public viewing. Councilman Prescott suggested the
library display case. 84
REQUEST FOR PROCLAMATXON - TILLER,OAYS COI~ITTEE & TUSTIN JAYCEES
The Mayor requested that. staff prepare appropriate proclamations
acknowledging the work by the Tiller Days Committee and Tustin Jay-
tees associated Nth Tustin Tiller Days. 84
lO. TUSTIM HXG4 SCHOOL BLEACHERS
The Mayor stated that the south side bleachers at Tustin High
School's Northrup Field are minimal. He thought staff should ini-
tiate dialog with Tustin Unified School District to build stands
comparable to those on the north side, and report back to Council
with ideas on timetable, cost, etc.
Councilman Hoesterey suggested waiting until it is known what
effects the CalTrans freeway ~dening project ~ll have on the high
school, and study results of San Juan, etc., come back. He al so
pointed out that the City has especially busy schedules on other
projects.
Mayor Pro Tem Kennedy requested that the matter be prioritized with
items on her wish list, and perhaps Council can discuss the matter
prior to staff expending any time on same. go
XIII. RECESS - R£OEV~LOPNENT; CLOSED SESSION - RECONVENEO
XIV.
At 8:32 p.m., it was moved by Hoesterey~ seconded by Prescott, to
recess to the Redevelopment Agency, thence to a Closed Session to con-
fer with the City Attorney regarding pending litigation, and pursuant
to Government Code Section 54957 to consider personnel matters. Motion
carried 5-0.
The meeting was reconvened at g:2S p.m. with all members present.
ACTIONS FROM CLOSED SESSION
1o ARMEXATION PROCE£OINGS NO. 139 & NO. 140 - RESOLUTIONS NO. 87-121 &
NO. 87-122
It was moved by Hoesterey, seconded by Kennedy, to adopt the
following:
RESOLUTION NO. 87-121 - A RESOLUTION OF THE CITY COUNCIL OF THE
CiTY OF T1JSTIN, CALIFORNIA, TERMINATING ANNEXATION PROCEEI)[NG NO.
139, EVENINGSIDE-RAINBOW.
RESOLUTION NO. 87-122 - A RESOLUTION OF TIlE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, TERMINATING ANNEXATION PROCEEDING NO.
140, tY~ COLINA-BROWNING
Motion carried 5-0. 24
CITY COUNCIL MINU'
· Page 8, 10-19-87
2. )~dtAGF.14ENT INCENTIVE COMPENSATION PROGRA~
It was moved by Hoesterey, seconded by Kennedy, to appropriate
funds for the Management Incentive Compensation Program as recom-
mended by the City Manager. Motion carried 3-2, Kelly and Prescott
opposed. 79
3. RECLASSIFICATION 0~ A~MINISTRATIVE S~CRETARY ~OSITION. TO EX£CUTIVE
CO0)U)INATOR
It was moved by Hoestere~, seconded by Prescott, to reclassify the
Administrative Secretary to Executive Coordinator. Carried 5-0.
XV. A~OU~I~4~NT :
At 9:30 p.m. the meeting was adjourned in memory of "Black Monday" by
unanimous informal consent to the next Regular Meeting on Monday,
November 2, 1987, at 7:00 p.m.
f MAYOR /