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HomeMy WebLinkAboutCC 1A MINUTES 05-05-86MINUTES OF A REGULAR ~INB OF ll(E Clll~ COUNCIL OF ll4E CITY OF TUSTIN, CALIFORNIA APRIL 21, lg86 II. III. IV. Ye VI. VII. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Greinke at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Kelly, and the Invocation was given by Mayor Saltarelli. ROLL CALL Councilpersons Present: Councilpersons Absent: Others Present: Donald J. Saltarelli, Mayor Ronald B. Hoesterey, Mayor Pro Tem Richard B. Edgar John Kelly Ursula E. Kennedy None William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Robert S. Ledendecker, Dir. of Public Works Edward M. Knight, Senior Planner Charles R. Thayer, Chief of Police Royleen A. White, Dir. of Com. & Admin. Srvcs. Susan Jones, Recreation Superintendent Approximately 80 in the audience ~ H~ESENTATION 1. TUSTIN AREA' COUNCIL (TAC-1) STATUS REPORT - CHAIPJt~N JOE ANDERSON Joe Anderson, Chairman of TAC-1, acknowledged committee members present in the audience. Mr. Anderson provided an update on what the committee has been doing in the past 3-1/2 years, and identi- fied the committee's goals and objectives. Mayor Saltarelli thanked Mr. Anderson for his report and for the work the committee has done thus far. COI~DNITY NOll~S None. PUBLIC HEARINGS None. PUBLIC INPUT None. CONSENT CALENDAR Items 1 and 8 were removed from the Consent Calendar by Kennedy. It was then moved b~ Hoestere~, seconded b~ Edgar, to approve the remainder of the Consent Calendar. Carried 5-0. e APPROVAL OF DE#ANDS IN THE AMOUNT OF $1,105,685.80 RATIFICATION OF PAYROLL IN THE AMOUNT OF $135,672.45 5O REJECTION OF CLAIM NO. 86-10; CLAIMANT*: EFIILY & ANNA COLLINS; DATE OF LOSS: 12/12/85; DATE FILED WITH CITY: 3/18/86 Rejected subject claim as recommended by the City Attorney. 40 REJECTION OF CLAIM NO. 85-38; CLAIMANT: SAMUEL BEGEL; DATE OF LOSS: 5/30/85; DATE FILED WITH CITY: 8/19/85 Rejected subject claim as recommended by the City Attorney. 40 CITY COUNCIL MINUTES Page 2, 4-21-86 10. RE~UTION NO. 86-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONSENTING TO AND PROVIDING TERMS AND CONDI- TIONS FOR RELOCATION OF CERTAIN PIPELINES WITHIN THE PUBLIC RIGHT- OF-WAY Adopted Resolution No. 86-51 as reco,.~ended by th, Public Works Department, Engineering Division. 104 COOPEIU~TIVE AGREEMENT NO. D06-068 Authorized the Mayor and City Clerk to execute subject agree- ment with the County of Orange; and authorized a supplemental budget appropriation within the Water Enterprise Fund in the amount of $8,100 to fund said work as recommended by the Public Works Department, Engineering Division. 45; 8~-21 RESOLUTION NO. 86-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF USE PERMIT 86-6 FOR AN OFF-SITE BEER AND WINE SALES LICENSE AT 13842-A NEWPORT AVENUE Adopted Resolution No. 86-41 pursuant to Council action on March 17, 1986. 81 RESO. UTION NO. 86-49.- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, C&LIFORNIA, APPROVING FINAL PARCEL MAP 85-287 LDCATED AT 13882 NEWPORT AVENUE Adopted Resolution No. 86-49 as recommended by the Community Development Department. 99 RE~UTION NO. 8~-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR FISCAL YEAR 1985-86 SIDEWALK AND CURB REPAIR PROGRAM Adopted Resolution No. 86-53 as recommended by the Public Works Department, Engineering Division. 92 Consent Calendar Item Mo. 1 - Minutes of March 17, 1986 - Councilwoman Kennedy requested corrections as follows: Page 1, last paragraph, May 5 should be corrected to May 4. Page 4, next to last paragraph should read, "Councilwoman Kennedy expressed delight that the building was no higher than 30 feet."' Page 7, seventh paragraph should read, "The motion carried 4-1, Kennedy opposed." It was then moved by Kennedy, seconded .i.iby..Hoesterey, to approve the Minutes of the March 17, 1986, 'Regular Meeting as corrected. Motion carried 5-0. Consent Calendar Ztem No, 8 - General Plan Amendment 86-2c - Council- woman Kennedy stated she removed subject item from the Consent Calendar in order to register a "No" vote. Pursuant to Council action on April 7, 1986, it was then moved by Edgar, seconded by Hoesterey, to adopt the following: 8. R£SOLUTION NO. 8~-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ll4E LAND USE DIAGRAM OF THE LAND USE ELEMENT FOR THE TUSTIN AREA GENERAL PLAN FOR 1101 SYCAMORE AVENUE The motion carried 4-1, Kennedy opposed. 56 VIII. IX. ORDINANCE FOR INTRODUCTION None. ORDINANCE FOR ADOPTION 1. CONTINUED CONSIDERATION OF HAZARDOUS MATERIALS DISCLOSURE PROGRAM - ORDINANCE NO. 964 & RESOLUTION NO. 86-14 ~,ITY COUNCIL MINUTES Page 3, 4-21-86 The City Manager stated that all proposed "amendments have been reviewed by the City, Chamber of Commerce Legislative Committee, and the Orange County Fire Department. All h~ve indicated concur- rence with Ordinance No. 964. Regarding the matter of who should pay the fees to administer the program, he noted that there are two fees involved. One fee is for actual disclosure enforcement - the cost of Fire Department person- nel to enforce the disclosure requirement. It is now State mandate and the City cannot~get reimbursement for same. The second fee is for actual administration of the emergency plan for hazardous spills or anything related to the ordinance itself. Staff estimates the total cost to be anywhere from approximately $60-100 thousand per year to administer both the emergency plan and disclosure requirement. This involves inspection on a case-by-case basis of any business that would have to report, which the City and OCFD estimate at approximately 282 businesses. This is not an optional program and is based solely on State law. The question now is who pays that cost? Should the City absorb the fees, or should businesses subject to regulations pay? If the City pays the fee, there is no recourse but to take it from the General Fund. The fees would range from $110-$220 for the disclo- sure program, and from $157-$230 for administration of the emer- gency plan. The Mayor stated that since it is a State-mandated program, the fees should be paid by them and not passed on. Additionally, he felt a ceiling should be placed on the fees so that they are not raised administratively. The City Manager clarified that the ordinance adopts the disclosure requirements based on State law, and the resolution designates the Orange County Fire Department as the agency to administer the pro- gram on the City's behalf. In administering the program, the County would collect the fee. Michael Cate, Fire Marshal, spoke on the County's plans to admin- ister the program. He sta~ed that the County will annually review the number of businesses that fall under the ordinance under State law vs. program costs. They will strive to maintain conservative staffing and continue to meet with city representatives prior to recommending any action to the Board of Supervisors. Mayor Saltarelli expressed concerns regarding costs. He recom- mended that the City adopt the State-mandated ordinance, but wait to adopt the resolution until the County has an idea of costs. If they are reasonable, the City could then contract for same and review them annually. The Fire Marshal indicated that the County has already adopted a fee schedule and proceeded to explain same. Councilman Hoesterey expressed concern that there will be duplica- tion of information from the lack of an overall State program. The Fire Marshal stated the County is making efforts to link data bases and then joint-share information which will probably take 2-3 years to complete. Fire Marshal Cate responded to Council questions. It was then moved by Hoesterey, seconded by Kennedy, that Ordinance No. 964 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 964 by the City Clerk, it was moved by Hoesterey, seconded by Kennedy, that Ordinance No. 964 be passed and adopted as follows: ORDINANCE NO. 964 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 5600 TO THE MUNICIPAL CODE ESTABLISHING REQUIREMENTS AND PROCEDURES RELATING TO THE DISCLOSURE OF HAZARDOUS MATERIALS CITY COUNCIL MINUTES Page 4, 4-21-86 Frank Greinke, Jr., Tustin Chamber of Commerce, suggested a user pay program so that the local business community does not bear the brunt of the program. He expressed a desire that the program be included in the General Fund as part of total fire services charged to the City of Tustin. This would allow better understanding of the total cost to the community and whether Tustin is receiving responsible service from the County. Further Council discussion followed. Roll Call Vote: AYES: NOES: ABSENT: Edgar, Hoesterey, Kelly, Kennedy, Saltarelli None None Mayor Saltarelli spoke in opposition to Resolution No. 86-14. He felt there should be local control on fees, with annual review of same. It was then moved by Edgar, seconded by Kennedy, to: Adopt the following: RESO~UTIO# NO. 86-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN NAMING THE ORANGE COUNTY FIRE DEPARTMENT AS THE AGENCY RESPONSIBLE FOR IMPLEMENTING AND ENFORCING THE REQUIRE- MENTS OF STATE OF CALIFORNIA ASSEMBLY BILL NO. 2185 2) 3) Make Resolution No. 86-14 effective for a one-year period; and Stipulate that any proposed increase in fees from the $110-$220 for the disclosure program, and $157-$230 for emergency plan administration, must be. approved by the City of Tustin. At Mr. Greinke's request, the following addition was made to the motion with approval by the maker and second: 4) The County shall report to the City the total cost of services to businesses in Tustin so that it can be considered in its total overall cost of fire services. The motion carried 4-!, Saltarelli opposed. BUSI~SS 102 1. SPECIAL EVENT INSURANCE: CHILI COOK-OFF ANO TUSTIN TILLER DAYS The staff report was presented by the City Manager as contained in the inter-com dated April 15, 1986, prepared by the Administrative Services Department. Councilman Kelly spoke in opposition to the Chili Cook-off and recommended cancellation of both events. Councilman Edgar spoke in support of Tustin Tiller Days and urged Council consider the two events separately. It was then moved by Saltarelli, seconded by Kelly, to cancel the E1Camino Real Chili Cook-Off. Councilwoman Kennedy expressed regret in having to withdraw support of the Chili Cook-Off due to economics. Councilman Hoesterey was' opposed to cancellation of the Chili Cook-Off. The motion carried 4-1, Hoesterey opposed. The City Manager responded to Councilman Edgar that the City could not advocate a pro or con position on Proposition 51. He indicated that the City could, however, notify the public through "Tustin Today" that the E1Camino Real Championship Chili Cook-Off was can- celled due to the cost of insurance premiums. "ITY COUNCIL MINUTES /age 5, 4-21-86 XI. Discussion followed on whether insurance could be obtained easier if alcohol were not available at Tustin Tiller Days. Cherrill Webb, Tiller Day~ Committee Chairperson, said there are more problems when people bring in their own beer than when alcohol is served in a controlled area. She was informed that the City · would attempt to include her and the Committee in its coverage of the event. It was moved by Edgar, seconded 'by Kennedy, to proceed with the Tustin Tiller Days on the basis that the City attempt to purchase self-insured retention coverage, and if not, cover the event under the City's general liability policy. Mayor Saltarelli was in favor of Tustin Tiller Days without the sale of alcohol. Councilman Kelly spoke in favor of the motion. The motion was amended by Edgar, seconded by Kennedy, to proceed with Tustin Tiller Days and have it covered under the City's gen- eral liability policy, with no alcohol beverages permitted. Mayor Pro Tem Hoesterey reflected on the situation of the insurance marketplace and liability exposure in this day and age. The motion carried 5-0. 41 2. PROPOSEB STI~EET NANE ~AN~E - MOULTON PARKWAY TO EDINGER AVENUE Following consideration of the inter-com dated April 14, 1986, pre- pared by the Public Works Department, Engineering Division, it was moved by Hoesterey, seconded by Edgar, to adopt the following: RESOI. UTION NO. 06-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO CONDUCT A PUBLIC HEARING TO DETERMINE WHETHER OR NOT TO CHANGE THE DESIGNATION OF MOULTON PARKWAY, BETWEEN RED HILL AVENUE AND HARVARD AVENUE, TO EDINGER AVENUE The Director of Public Works responded to Councilwoman Kennedy that the usual procedure in a street name change is to carry both street names for a period of one year. The motion carried 5-0. 96 NEW BUSINESS 1. NAIN STREET TEN:FIC CONTROLS The Director of Public Works requested an additional two weeks to complete the supplemental warrant study for the four-way stop installation at Main and "B" Streets. The Director presented the remainder of th~ staff report as con- tained in the inter-com dated April 14, 1986, prepared by the Public Works Department, Engineering Division. He added that once the intersection is signalized, it will encour- age more traffic to utilize that particular intersection to gain access to Main Street or to cross Main Street, and increase north and south traffic on Pacific Street. It was moved by Edgar, seconded ~y Hoesterey, to authorize the Engineering Division to proceed with design and installation of a traffic signal at the intersection of Main and Pacific Streets. Council discussion followed on whether Pacific would be the best location for the traffic signal. Councilwoman Kennedy suggested a temporary warning light because of traffic traveling eastbound on Main over the hill. The Director stated that during the design phase staff will investigate whether a permanent advance warning light/sign is required for eastbound traffic approaching the inter- section. GITY COUNCIL MINUTES Page 6, 4-21-86 The motion carried 5-0. g4 ORAFT EIR-EIS FOR THE SANTA ANA (I-B) FREEWAY WIDENING PRO~ECT BETWEEN ROUTE 405 AND ROUTE 55 In response to Councilwoman Kennedy, the Director of Public Works stated that Alternatives 2 and 3 will affect the frontage of Tustin High School. He provided a brief overview of the widening pattern of the freeway from the interchange to the vicinity of Myford Road. Council/staff discussion followed regarding the impacts on Tustin High School. It was moved by Hoesterey, seconded by Kennedy, to continue consid- eration of the matter to May 5, 1986. The Director responded to Mayor Saltarelli that he would report back on CO.m.ents by Tustin Unified School District on the matter. Councilman Edgar voiced support of the motion. However, he recog- nized that it is inevitable that any widening of the freeway will have a major impact on the co.m,unity. However, he felt the bene- fits of the project outweigh the impacts. The motion carried 5-0. 54 3.. ANARD (F CONTRACT FOR EL C~INO REAL EXTENSION FROM TUSTIN AUTO CENTER TO lefFORD ROAD As requested by the City Manager, it was moved by Hoestere¥, sec- onded by Kennedy, to continue subject item to May 5, 1986. The motion carried 5-0. 95 XII. REPORTS 1. PLANNING 'COI~ISSION ACTION AGENDA - APRIL 14, 1986 Following Council/staff discussion, it was moved by Kennedy, sec- onded by Hoesterey, to appeal Variance 86-3 filed by Carver Devel- opment to vary from various'sections of the Sign Code. The motion carried 5-0. ~ It was moved by Edgar, seconded by Hoesterey, to ratify the remain- der of the April 14, 1986, Planning Co.,,tission Action Agenda. Carried 5-0. 80 2. 71'H & 70TH SEMER I~INTENANCE DISTRICT It was moved by Edgar, seconded by Hoesterey, to receive and file subject report dated April 11, 1986, prepared by the Public Works Department, Engineering Division. Motion carried 5-0. gl 3, STATUS REPORT CONCERNING UPOATE OF CITY'S GENERAL PLAN It was moved by Edgar, seconded by Hoesterey, to receive and file subject report dated April 16, 1986, prepared by the Community Development Department. Carried 5-0. 56 XIII. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session for discussion of personnel matters. 2. TUSTIN HEISTS SHOPPING CENTER The Director of Public Works responded to Councilwoman Kennedy on the status of parking lot/street alignment improvements at Tustin Heights Shopping Center. At the time the City appropriated funds 'TTY COUNCIL MINUTES · dge 7, 4-21-86 for parking lot/street alignment improvements, it was assumed the Center had budgeted funds for the project. He stated that during staff's last contact with the Center 3-4 weeks ago, they were going back to check with new management about budgeting the project. To date, staff has not heard back from them. He explained that the City was going to contribute Redevelopment funds for revamping of traffic and work within the public right-of-way, and the property owner would work on-site. Council concurred to direct staff to prepare a letter for the Mayor's s~gnature to Tustin Heights Shopping Center in efforts to proceed with the project. Mayor Saltarelli suggested the City proceed with the project and then obtain reimbursement through whatever means are required. 3. EAST TUSTIN SPECIFIC PLAN Mayor Saltarelli informed Councilwoman Kennedy that Edwards Cinema has committed to a theatre complex at the ~ford intersection in the mixed use area of East Tustin which will contain six theatres. Councilwoman Kennedy requested that the City Council continue to press for pedestrian and bicycle'trails in East Tustin so that com- mercial centers in the new area .are accessible by foot as they are in Irvine's Woodbridge subdivision. 4. LII~ITS AT COLUI~US-TUSTIN PARK Councilwoman Kennedy reported she recei'ved continuous complaints from residents off of Prospect that the lights at Columbus-Tustin Park stay on until 2:00 a.m. She requested that staff have the timers reset. 5. REQUEST FROg BOYS & GIRLS CLUB OF llJSTIN The City Manager responded to Councilwoman Kennedy that staff has had discussions regarding the Boys and Girls Club request for fenc- ing on their property. Staff will report back on same. 6. ABANDONED TRAILER Og NEWPORT AVENUE Councilwoman Kennedy reported that she has received complaints from property owners along Newport Avenue that an abandoned trailer in the lot which belongs to an out-of-towner is being used for smok- ing, partying and drinking by young people. She requested that the matter be investigated. 7. DUHPSTERS IN PUBLIC RIGHT-OF-WAY Councilwoman Kennedy reported that there are dumpsters on the public right-of-way on E1 Camino Real (formerly Laguna Road). She has received complaints that the new striping on E1 Camino Real is making traffic travel very close to subject dumpsters which are unlit. The Director of Public Works stated that subject area was recently annexed from the County (Pankey Island). Staff has requested the refuse company to remove its dumpsters out of the public right-of- way and not replace them after they've been picked up and emptied. The street striping is the same as it's always been; there is some different striping right in the immediate intersection at Browning and E1 Camino Real. A stop sign will be installed for southbound Browning traffic at E1 Camino to prevent continuous turns, thereby eliminating high speed traffic rounding subject corner. 8. TRUCKS AND TRAILERS PARKING IN llJSTIN Councilwoman Kennedy reported she has received a complaint that trucks continually park in Tustin as though it is a truck stop. Specifically, they are parked on E1 Camino Real, East Tustin Drive, CITY COUNCIL MINUTES Page 8, 4-21-86 Red Hill Avenue, and several other areas. The Chief of Police responded that the Police Department is enforcing the City's new ordinance prohibiting same and will continue to do so. 9. TREE DAMAGE ON DEVONSHIRE The Director of Public Works responded to Councilwoman Kennedy's concern regarding tree damage on Devonshire. He stated that it is a common result from the heater remix process when resurfacing streets. Staff is aware of the matter, and the trees will outgrow the damage. 10. UIIDERGROUNDIIIG OF NAIl( STREET Councilman Edgar reported that last week the Orange County Trans- portation Commission approved all submissions for different cities in terms of what is referenced as "OKA" money (interest on Transit District funds). Tustin's request was to replace pavement on Main Street, from "C" Street westerly as far as funds would allow. To coincide with subject street improvements, he suggested under- grounding that portion of Main Street (almost to Pacific) where there is no high voltage power. He did not recommend going further west where there is high voltage wiring and costs would be very high. If the cost is prohibitive, he recommended that conduit be put in so that undergrounding could be done when convenient in the residential area. The Director of Public Works stated staff could prepare a full report on the matter. He explained how undergrounding is accom- plished with Rule 20A funds. If undergrounding of Main Street was attempted using Rule 20A funds, it would take a minimum of 3-4 years to accumulate enough funding. He explained that the second problem would be with street light- ing. Main Street is in a street lighting maintenance district which is presently administered by the County, but will soon be taken over by the City at the County's request. Staff will come back in the next 3-4 months with a program which would involve overlaying another Street Lighting Assessment District. This must be done to cover all of the energy charge because there is not enough funding at the present time to cover the existing demand. Mayor Saltarelli requested that staff prepare a brief report on what the costs might be. He also requested that all utility com- panies be notified when Main Street is going to be resurfaced so that all work in the area can be done simultaneously. 11. CARS PARKED ON CITY STREETS WITH "FOR SALE= SIGNS Councilman Edgar complained that some arterial streets have become "used car lots," where cars for sale are left parked. Following input from the Chief of Police and the City Attorney, Council con- curred to direct staff to come back with an ordinance prohibiting same. 12. TIMETABLE FOR FREEWAY IMPROVEtlENTS Councilman Edgar reported that Phase I of the I-5/55 Freeway Inter- change Project is scheduled to go out to bid in June, 1987. Phase II of the project is scheduled to go out to bid in August, 1989. Widening of the I-5 from the 405 to Route 55 is presently scheduled to go out to bid in April, 1989. The ~ford Interchange project is scheduled to go out to bid in May, 1988. r-~y COUNCIL MINUTES ,.ge 9, 4-21-86 XIV. 13. SIGNALS ON REOHILL & I-5 FREEWAY Mayor Saltarelli thanked staff for replacement of the synchroniza- tion mechanism in the traffic signal control box at Redhill and the Santa Aha Freeway. He stated traffic is moving safely and quickly again. 14. COI~ITTEE APPOINT)~ENTS BY t4AYOR SALTARELL! Mayor Saltarelli made a partial list of committee appointments for 1986-87 as follows: Committee Represent at i ve A1 ternate O.C. Sanitation District #1 O.C. Sanitation District #7 O.C. Sanitation District #14 Joint Powers Authority, Eastern Transportation Corridor O.C. Vector Control League of Cities -NEOCCS Hoesterey Saltarelli Edgar Saltarelli Kennedy Saltarelli Saltarelli Edgar Kennedy Kelly Hoesterey Edgar Kelly 15. EAST TUSTIN STREET SYSTEM Mayor Saltarelli referenced a letter he received from County Super- visors Stanton and Nestande regarding impacts of the street system relative to East Tustin and the County's plans. He reported that the letter states particular interest in' analyzing the impact of both the East Tustin plan and the normal future regional traffic increases on existing La Colina. They further propose that the joint effort be guided by a central policy of utilizing La Colina and parallel routes for serving primarily local traffic and focusing regional traffic on more efficient routes such as Irvine Boulevard. The Mayor stated that such action by the County would worsen the traffic situation in Tustin. He indicated he would provide all Council members with a copy of same so that Council can take a position on the matter. RECESS - CLOSED SESSION - AI~OURNNENT At 10:00 p.m. it was moved by Kennedy, seconded by Edgar, to recess to a Closed Session to consider personnel matters pursuant to Government Code Section 54957; and thence adjourn to the next regular meeting on Monday, May 5, 1986, at 7:00 p.m. Carried 5-0. MAYOR CITY CLERK