HomeMy WebLinkAboutCC MINUTES 1987 11 16 MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
NOVEMBER 16, 1987
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Edgar at 7:00 p.m. in the City
Council Chambers, 300 Centennial Nay. The Pledge of Allegiance was led
,,, by Mayor Edgar, and the Invocation was given by Councilman Hoesterey.
II. ROLL CALL
Councilpersons Present: Richard B. Edgar, Mayor
Ursula E. Kennedy, Mayor Pro Tem
Ronald B. Hoesterey
John Kelly
Earl J. Prescott
Counci 1 persons Absent: None
Others Present: William A. Huston, City Manager
James G. Rourke, City Attorney
Mary E. Wynn, City Clerk
Christine Shingleton, Community Dev. Director
Robert Ledendecker, Dir. of Public Works
Captain Wakefi el d, Poli ce Department
Ronald A. Nault, Finance Director
Royleen A. White, Dir. of Com.& Admin. Srvcs.
Lloyd Dick, Building Official
Ricardo LaZapo, Plan Checker
Susan Jones, Recreati on Superintendent
Monda Buckley, Administrative Assistant
Judi Rowland, Recreation Supervisor
Approximately 30 in the Audience
~ -- III. PROCLAMATIONS
1. TUSTIN JAYCEES - TUSTIN TILLER DAYS PARADE
Jeff Post, Jaycees President, accepted a proclamation from the
Mayor as commendation for the Tustin Jaycees' work in coordinating
the Tustin Tiller Days Parade. Mr. Post introduced Linda Say,
Parade Co-Chair, and recognized Laura Drake, Parade Co-Chair, who
could not be present. He also recognized Dave Edgar, present in
the audience, for his dedicated work. Mr. Post thanked the
Council. 84
2. TUSTIN TILLER DAYS COMMITTEE
Mayor Edgar presented each Committee member with a proclamation as
commendation for their dedicated service and contribution to the
community.
Committee Chairperson Linda Andrews presented Mapgarete Thompson,
Co-Director of the Fundraising Committee, Tustin Area Senior Center
Fund, Inc., with a check for proceeds from the wine garden. Ms.
Andrews informed Council she would submit a financial statement
once all the bills are paid. 84
IV. PUBLIC HEARING
1. UPDATED EDITIONS OF THE MODEL CONSTRUCTION CODES WITH LOCAL
MODIFICATIONS - RESOLUTION NO. 87-133 & ORDINANCE NO. 995
Adoption of 1985 Editions of Model Construction Codes as recently
adopted by the State, with some more restrictive modifications to
address local conditions and concerns.
The staff report and recommendation were presented by the Building
Official as contained in the inter-com dated November 16, 1987,
prepared by the Community Development Department.
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The Building Official and Community Development Director responded
to Council questions.
Mayor Edgar opened the public hearing at 7:28 p.m. There were no
speakers on the matter, and the public hearing was closed.
Councilman Hoesterey proposed the following amendments to Ordinance
No. 995:
1) Require permits for all block walls over 36 inches in height
above grade; all other fences over 60 inches in height above
grade which are constructed in back yards; and all other fences
over 36 inches in height above grade which are constructed in
front yards; and
2)Exclude R-3 zoned properties from permit requirement for all
on-site construction, unless construction is in a new tract.
It was moved by Hoesterey, seconded by Prescott, to adopt the
following:
RESOLUTION NO, 87-133 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDI-
TION WITHIN THE CITY OF TUSTIN WHICH MAKE CERTAIN MODIFICATIONS AND
CHANGES TO THE UNIFORM BUILDING CODE, THE UNIFORM PLUMBING CODE,
AND THE NATIONAL ELECTRICAL CODE REASONABLY NECESSARY FOR HOUSING
OCCUPANCIES
Following further discussion, the motion carried 5-0. 81
It was moved by Kennedy, secondedby Hoesterey, that Ordinance No.
995 have first reading by title only, with amendments as proposed
by Councilman Hoesterey. Carried 5-0. Following first reading by
title only of Ordinance No. 995 by the City Clerk, it was moved by
Hoesterey, seconded by Prescott, that Ordinance No. 995as amended
be introduced as follows:
ONDINANCE N0. 995 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN AMENDING SPECIFIED SECTIONS OF ARTICLE 8 OF THE TUSTIN CITY
CODE ADOPTING 1985 CODES AS THE BUILDING REGULATIONS OF THE CITY OF
TUSTIN
The m~tion carried 5-0. 81
Mayor Edgar stated that separate from updating the Code, he would
like to have a report on requiring older structures to install
attic fire walls to prevent fire spreading in buildings with multi-
ple units. He stated that at some point in time, it will be appro-
priate to retroactively require older structures to meet code
requirements within a specified period of time.
AGENDA ORDER
XI. REPORTS
4, CITIZEN COMPLAINT - CARFAX AVENUE CUL-DE-SAC
Council concurred with Mayor Edgar's request to consider this item
at this point in the agenda for the benefit of certain audience
members.
LeRoy Darlington, 1212 Drayton, relayed complaints as contained in
the petition signed by area residents.
Council/staff discussion followed. The motion by Edgar, to direct
staff to close the gate and to choose the most permanent alterna-
tive that is legally acceptable died for lack of a second.
Itwas moved by Hoesterey, seconded by Edgar, to:
1) Order the removal of the pedestrian gate on Carfax Avenue and
the permanent replacement of the perimeter wall subject to the
approval of the City Attorney; and
2) Authorize, with staff's concurrence, the red curbing in front
of the fire gate on the Carfax Avenue cul-de-sac to prohibit
parking of vehicles.
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Page 3, 11-16-87
Mayor Pro Tem Kennedy requested that management at the California
Apartments be informed of Council action.
The n~tion carried 5-0. 96
V. PUBLIC INPUT
""" 1. LA COLINA-BEVERLY GLEN ANNEXATION NO. 142
Carol Shrider, resident of Annexation No. 142 area, raised ques-
tions relative to the draft protest form to be considered by Coun-
cil under New Business, Item No. 1, to which the Mayor and City
Attorney responded. 24
VI, CONSENT CALENDAR
It was moved by Kelly, seconded by Kennedy, to approve the entire Con-
sent Calendar, The motion carried 5-0,
1. APPROVAL OF MINUTES - NOVEMBER 2, 1987, REGULAR MEETING
2. APPROVAL OF DEMANDS IN THE AMOUNT OF $813,624.04
RATIFICATION OF PAYROLL IN THE AMOUNT OF $160,464.24 50
3. RESOLUTION NO, 87-132 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN APPROVING FINAL TRACT MAP NO. 12855 (14572, 14582 &
14592 HOlt Avenue - Cal Pac Development)
Adopted Resolution No. 87-132 as recommended by the Community
Development Department. 99
4. ASSESSMENT DISTRICT NO. 85-1 - CONTRACTS FOR GAS LINE EXTENSIONS
Approved the Southern California Gas Company Contract Nos.
291009/T52684 and 291009/T52683 for reimbursements to be funded
by subject district in the amounts of $68,002 and $16,343,
respectively; and authorized the Mayor to execute subject con-
tracts and promissory notes as recommended by the Public Works
Department/Engineering Division. 45; 87-47
5. RESOLUTION NO. 87-135 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING
RECORDATION OF NOTICE OF COMPLETION FOR WATER MAIN IMPROVEMENTS ON
ARROYO AVENUE, OAK LANE, ALLEMAN PLACE, BEVERLY GLEN AND STRATTON
WAY (jana Contracting Corp.)
Adopted Resolution No. 87-135; and assuming no claims/stop pay-
ment notices are filed, 30 days after date of recordation of
Notice of Completion, authorized payment of final 10% retention
amount of $20,251.42 as recommended by the Public Works Depart-
ment/Engineering Division. 107
6. AGREEMENT FOR PROFESSIONAL SERVICES FOR JAMBOREE ROAD BETWEEN
IRVINE BOULEVARD AND CHAPMAN AVENUE
Approved subject agreement with C.D.C. Engineering, Inc.,
Ipvine, for plan checking services to be compensated on a time
and materials basis to be financed with combination of The
"" Irvine Company funds, City of Orange A.D. bond funds, and City
of Tustin A.D. 86-2 bond funds; and authorized the Mayor and
City Clerk to execute same, as recommended by the Public Works
Department/Engineering Division. 45; 87-48
7. AGREEMENT FOR PROFESSIONAL SERVICES FOR JAMBOREE ROAD BETWEEN I-5
FREEWAY AND IRVINE BOULEVARD
Approved subject agreement with Boyle Engineering Corp., New-
port Beach, for construction staking services to be compensated
on a time and materials basis to be financed with combination
of The Irvine Company funds and City of Tustin A.D. 85-1 bond
funds; and authorized the Mayor and City Clerk to execute same,
as recommended by the Public Works Department/Engineering Divi-
sion. 45; 87-49
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8. RESOLUTION NO. 87-134 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DECLARING THE VOTE ON PROSPECT-
VANDENBERG ANNEXATION NO. 141, AND CONFIRMING THE ORDER ANNEXING
SAID TERRITORY TO THE CITY OF TUSTIN
Adopted Resolution No. 87-134 as recommended by the Community
Development Department. 24
9. RESOLUTION NO. 87-126 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR MULTIPLE
CHILD CARE CENTER LICENSES IN ACCORDANCE WITH HEALTH ANDs SAFETY
CODE SECTIONS 1540 AND 1541 AND OTHER APPLICABLE LAWS
Adopted Resolution No. 87-126; and authorized staff to apply
for a State Child Care License for school-age programs at
T.U.S.D. sites as recommended by the Community Services Depart-
ment. 41
VII. ORDINANCES FOR INTRODUCTION
See Public Hearing No. 1.
VIII. ORDINANCES FOR ADOPTION
None.
IX, OLD BUSINESS
1. JOHN WAYNE AIRPORT NOISE STUDY - UPDATE
An ongoing status report on the John Wayne Airport Noise Monitoring
Program as requested by Councilman Kelly.
It was moved by Hoestere~, seconded by Kennedy, to receive and
file subject report dated November 16, 1987, prepared by the Com-
munity Development Department. ,
Following a question-and-answer period, the motion carried 5-0.
101
2, STATUS REPORT - IRVINE RANCH WATER DISTRICT SERVICE AREA TRANSFER
A response to concerns raised by Mayor Edgar at the November 2,
1987, Council meeting.
It was moved by Hoesterey, seconded by Kennedy, to receive and
file subject report dated November 10, 1987, prepared by the Public
Works Department/Engineering Division. Carried 5-0. 107
3, CITY BROCHURE
Subject report was requested by Councilman Prescott. The 1987-88
budget includes $25,000 for City promotional activities.
Councilman Prescott led discussion on the matter. He noted he had
brochures from the Cities of Santa Aria, Irvine and Orang~ as an
example of what neighboring cities are doing. He stated preference
for an upgraded brochure.
Mayor Pro Tem Kennedy felt the City should have a brochure for
businesses, one for residents, and a slide show. Councilman
Hoesterey stated he would like the City to proceed with a slide
show. Councilman Kelly suggested a state-of-the-art video presen-
tation to be producedby capable City staff members. Further dis-
cussion followed.
The City Manager suggested retaining a consultant, with part of the
scope of work to include individual interviews of Councilmembers.
He noted that Council can appropriate additional funds, if neces-
sary.
Robert Coleman, American Cablesystems, reminded Council that their
company is very community-minded, they have a studio and cameras,
and would be more than happy to assist the Council in this project.
CITY COUNCIL MINUTES
Page 5, 11-16-87
The motion by Hoesterey to direct staff to interview various con-
sultant firms, review their products, and submit one consultant
proposal at the December 7 meeting died for lack of a second.
The motion by Kelly to direct staff to commence immediate produc-
tion of a video presentation died for lack of a second.
After further Council discussion, it was moved by Hoesterey, sec-
-=- onded by Kennedy, to continue subject item to December 7, 1987, to
allow Council an opportunity to reach a consensus of direction.
The motion carried 4-1, Kelly opposed. 38
4. EAST TUSTIN CABLE TELEVISION
Continued from November 2, 1987, so that representatives from The
Irvine Company and American Cablesystems could meet to try to
resolve their dispute. A verbal status report will be presented.
The City Attorney requested continuance of subject item. He stated
that he has been contacted by an attorney retained by one of the
parties involved, who is a leading authority on the matter. The
City Attorney is awaiting a legal memorandum from this attorney on
what he perceives the legal aspects of the situation to be.
It was moved by Hoesterey, seconded by Edgar, to continue subject
item to December 7, 1987. The motion carried 5-0. 53
5. TUSTIN EMERGENCY PLAN
A status report on the existing Emergency Plan and information for
upgrade of same and the Emergency Services Program,
As recommended in the inter-com dated November 2, 1987, prepared by
the Public Works Department/Engineering Division, it~ was move~
Hoesterey, seconded by Kennedy, to commit more staff time for Emer-
gency Management with assistance from the State Office of Emergency
Services. Carried 5-0. 103
X, NEW BUSINESS
1. LA COLINA-BEVERLY GLEN ANNEXATION NO, 142
A draft protest form which specifies that filing of a protest is
solely for the purpose of insuring an election. If 50% or more of
registered voter residents file protests, all protests on the form
would only be counted to establish 25% protest, but would not be
counted toward establishing 50% protest, and be deemed withdrawn to
necessary extent so as not to establish a 50% protest.
The City Attorney recommended adding language to the draft protest
form to the effect that "any other protest that a signer of one of
these protests signs, and ~hich bears a date prior to the date of
signing of this form of protest, would be disregarded."
It was moved by Edgar, seconded by Prescott, that Council policy
for Annexation No. 142 be established as follows:
,--- 1) The draft protest form is approved subject to legal modifica-
tions;
2) Staff is directed to mail in a timely fashion a packet of fac-
tual information to annexation area residents.
Councilman Hoesterey requested that Council approve the material to
be mailed to Annexation No. 142 residents and future areas. He
approved of the concept that the draft form provides. However, he
requested that Council:
1) Know the format of the packet to be mailed;
2) Know the date of mailing (Sth day of protest period, etc.);
3) Establish guidelines clearly in advance so that there are no
misunderstandings as to form, content, and process; and
4} Establish the fact that whichever form is signed, the one dated
the latest will supersede all others.
CITY COUNCIL MINUTES
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The City Attorney responded to Mayor Pro Tem Kennedy that statutes
regarding protests contain a provision that anyone filing a protest
may withdraw it prior to close of the protest hearing. Therefore,
the draft form of protest is designed to take into account that the
protester is saying that if this particular protest would, along
with others, make up a total protest of 50% or more, then it is to
be deemed automatically withdrawn. It provides a method for
annexation territory residents to have an election if that is their
desire, but not to have their protest used to deny an election. It --
will not influence the election itself one way or the other.
The maker and second of the motion agreed to include Councilman
Hoesterey's request as outlined. The motion carried 5-0. 24
2. AWARD OF CONTRACT FOR IMPROVEMENT OF JAMBOREE ROAD FROM I-5 TO
IRVINE BOULEVARD, ASSESSMENT DISTRICT NO. 85-1
Bids were opened on October 27, 1987, as follows:
Blair Paving, Inc., Anaheim (corrected) $3,525,293.92
Sully Miller Contracting Co., Orange $3,525,486.85
Silveri & LeBouef, Santa Ana $3,532,478.05
Dory Bros. Equipment Co., Norwalk $3,597,297.40
Vernon Paving Co., Anaheim $3,604,136.40
Griffith Company, Santa Ana $3,632,870.25
Southern California Grading, Inc., Irvine $3,714,562.06
Fleming Engineering, Buena Park $3,757,075.25
The low bid is 3.1% under the Engineer's estimate of $3,638~682.75.
It was moved by Kennedy, seconded by Hoesterey, to award the con-
tract to Blair Paving, Inc., Anaheim, in the amount of
$3,525,293.92 for subject project as recommended by the Public
Works Department/Engineering Division. '
The Director of Public Works informed Mayor Edgar that the pro- '
jected completion date is June, 1988.
The motion carried 5-0. 25
XI. REPORTS
1. PLANNING COMMISSION ACTIONS - NOVEMBER 9, 1987
All actions of the Planning Commission become final unless appealed
by the City Council or member of the public.
It was moved by Hoesterey, seconded by Kelly, to ratify the entire
Planning Commission Action Agenda of November 9, 1987.
The Community Development Director responded to Mayor Pro Tem
Kennedy's questions regarding Item No. 10, Outdoor Live Entertain-
ment' at 13682 Newport Avenue - San Remo Italian Deli, and provided
clarification on the matter. She noted that staff is working with
the property owner in filing the application to obtain the neces-
sary permit.
Council concurred with Mayor Pro Tem Kennedy to direct staff to
review the matter and exercise patience with the applicant.
The motion carried 5-0. 80
2. INVESTMENT SCHEDULE AS OF OCTOBER 31, 1987
A report listing various investment schedules for the City and
Redevelopment Agency with maturities 12 months or less and in
excess of 12 months.
It was moved by Hoesterey, seconded by Edgar, to receive and file
the report dated November 9, 1987, prepared by the Finance Depart-
ment. Motion carried 5-0. 50
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Page 7, 11'16-87
3. CITY ENTRANCE SIGN PROGRAM
Subject report was requested by Councilman Prescott.
It was moved by Kennedy, seconded by Kelly, to receive and file the
report dated November 16, 1987, prepared by the Community Develop-
ment Department. Carried 5-0. 93
"- 4. CITIZEN COMPLAINT - CARFAX AVENUE CUL-DE-SAC
See Pages 2-3 for Council action on subject item.
5, MAIN STREET PARKING PROHIBITION FROM NEWPORT AVENUE WESTERLY
INFORMATIONAL REPORT
Council requested an explanation of on-street parking prohibition
along southerly side of Main Street adjacent to Carver development.
It was moved by Hoesterey, seconded by Kennedy, to receive and
file subject report dated November 10, 1987, prepared by the Public
Works Department/Engineering Division. Motion carried 5-0. 75
6. CITIZEN COMPLAINT - SOUTHEASTERLY CORNER OF THIRD & "C" STREETS
Council requested staff contact the resident at subject location
{Dorothy Patton's mother} regarding proposed sidewalk construction
adjacent to her residence.
Following consideration of the inter-com dated November 10, 1987,
prepared by the Public Works Department/Engineering Division, it
was moved by Hoesterey, seconded by Kennedy, to receive and file
same. The motion carried 5-0. 92
7. PUBLIC CONCERNS - INFORMATION REPORTS
A report in response to concerns raised by Dorothy Patton and
Richard Vining at the November 2, 1987, City Council meeting.
It was moved by Hoesterey, seconded by Kennedy, to receive and
file the report dated November 10, 1987, prepared by the Public
Works Department/Engineering Division. Carried 5-0. 95
8, STATUS REPORT - FORMER RESIDENCE OF WATER SERVICES MANAGER
Subject report was requested by Councilman Kelly.
As recommended in subject inter-com dated November' 10, I987, pre-
!pared by the Public Works Department/Engineering Division, it was
moved by Hoesterey, seconded by Kennedy, to receive and file same.
Motion carried 5-0. 107
9. STATUS OF COLUMBUS TUSTIN PARK PHASE 2
A status report on the Columbus Tustin Task Force which was recon-
vened by Council.
The Nayor stated he was pleased to read that the Task Force will be
--- meeting with the consultant in two weeks, and is looking forward to
~ receiving data from same.
It was moved by Edgar, seconded by Prescott, to receive and file
the inter-com dated November 4, 1987, prepared by the Administra-
tive Services Department. Motion carried 5-0. 77
XII, OTHER BUSINESS
1. TOUR OF COLORADO RIVER AQUEDUCT BY COUNCILMAN KELLY
Councilman Kelly reported on his recent tour of the Colorado River
Aqueduct as hosted by William Davenport, Orange County Municipal
Water District.
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Page 8, 11-16-87
2. CONGRATULATIONS TO TUSTIN POLICE DEPARTMENT
Mayor Pro Tem Kennedy congratulated the Police Department on the
unique new business security program which is recei ring a wonderful
response. 82
3, BUSINESS IDENTIFICATION
Mayor Pro Tem Kennedy noted that Planning Commission MinUtes and
the Building Code update continue to encourage businesses to iden-
tify themselves with numbers so that people do not have to rely on
signs in order to find them, they can go in logical progression
down the street and see businesses identified by numbe~. She
requested the Community Development Department to continue to press
that since it is still not uniform in the City. 81
4, BEKINS TRUCK PARKED ON WALNUT
Mayor Pro Tem Kennedy reported that a Bekins Van & Storage Truck
has been stored onWalnut near Red Hill for the past three weeks.
75
5, LEFT TURN MOVEMENT ON CHERRYWOOD
Mayor Pro Tem Kennedy requested that staff investigate a resident's
complaint that was unable to make a left-turn on Cherrywood into
the Laurelwood subdivision. 94
6. TREE LIGHTING CEREMONY - DECEMBER 3
Councilman Hoesterey requested that a Tree Lighting Ceremony flyer
be mailed to the Marine Base Colonel with an invitation to attend
the event to be held on Thursday, December 3, 1987, at 7:00 p.m. in
the City Hall Complex. 41
7, SPRAYING OF OLIVE TREES IN PUBLIC RIGHT-OF-WAY
Councilman Prescott requested staff investigate the possibility of
instituting an annual program for spraying olive trees. This would
eliminate fruit-bearing and droppings in the public right-of-way.
86.1
8, PARKING CONGESTION - TUSTIN PLAZA
Mayor Edgar reported that many cars are being parked next to red
curb areas in Tustin Plaza which inhibits traffic circulation. As
a solution, Councilman Hoesterey suggested the Engineering Division
investigate red-curbing from the Main Street entrance back to
American Savings' side door and removing the "no parking" signs in
that expanded lane~ In this manner, their patrons who come in for
short periods of time could use the side access door vs. having to
find a parking place during the lunch hour when the center is busy.
75
9, ILLEGAL PARKING ON SEVENTEENTH STREET
The Mayor complained that a number of cars are parking on 17th
Street, even though signs clearly say no parking. 75
10. SPEEDING VEHICLES
Mayor Edgar noted that he was fascinated to hear on the radio that
a number of Southern California communities are using snapshots to
apprehend drivers who exceed the posted speed limit. He asked the
Police Department to research the matter. 82
XIII, CLOSED SESSION
Mayor Edgar announced that the City Council will recess to Closed Ses-
sion pursuant to Government Code Section 54957 to consider personnel
matters.
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XlV. ADJOURNMENT
At 8:46 p.m., it was moved by Hoesterey, seconded by Edgar, to recess
to the Redevelopmerit Agency, thence to a Closed Session pursuant to
Government Code Section 54957 to consider personnel matters; and thence
adjourn to a joint Adjourned Regular Meeting with the Tustin Unified
School District Board of Education on November 23, 1987, at 6:00 p.m.
at O'Keefe's Restaurant, 17260 17th Street, and thence to the next
Regular Meeting on Monday, December 7, 1987, at 7:00 p.m. The motion
carried 5-0.
o"CI~CEERK ~