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HomeMy WebLinkAboutCC MINUTES 1987 07 06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA JULY 6, 1987 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 Mayor Pro Tem Kennedy. II. ROLL CALL Councilpersons Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Com. Dev. Director Captain Fred Wakefield, Police Department Ronald E. Wolford, Engineering Services Mgr. Royleen White, Com. & Admin. Srvcs. Director Susan Jones, Rereation Superintendent Approximately 65 in the Audience III. PROCLAMATION 1. "PARKS AND RECREATION MONTH" - JULY, 1987 ,,, Mayor Edgar presented a proclamation designating July, 1987, as "Parks and Recreation Month" to Royleen White, Director of Community and Administrative Services. Ms. White thanked the Council. 84 IV. CONTINUED PUBLIC HEARING 1. TUSTIN LANDSCAPE & LIGHTING DISTRICT - RESOLUTION ND. 87-78 {Continued from June 15, 1987) The staff report and recommendation were presented by the Engineering Services Manager as contained in the inter-com dated June 30, 1987, prepared by the Public Works Department/Engineering Division. A question-and-answer period followed. The continued public hearing was opened at 7:15 p.m. There were no speakers on the matter, and the public hearing was closed. It was moved by Kennedy, seconded by Hoestere~, to: 1) Approve the revised Engineer's Report dated June, 1987; and 2) Adopt the following based on Alternate "A": "- RESOLUTION NO. 87-78 - A RESOLUTION OF THE CITY COUNCIL OF THE ~ CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, ORDERING THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND CONFIRMING THE ANNUAL 1987-88 FISCAL YEAR LEVY OF ASSESSMENT FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LIGHTING FACILITIES WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT The motion carried 4-1, Kelly opposed. 63 CITY COUNCIL MINUTES Page 2, 7-6-87 V. PUBLIC INPUT Dessa Schroeder, North Tustin Municipal Advisory Council, requested the release of protest petitions for Annexations 139 and 140. The City Attorney responded that they would be available at the City Clerk's office at the end of the week. Elene Kapp, 10031 Deerhaven, Cowan Heights, requested that the Council remove Item No. 6 from the Consent Calendar for discussion. Joseph Herzig, in reference to Consent Calendar Item No. 3, requested that no records regarding Annexations 139 and 140 be destroyed. Mayor Edgar responded that the resolution states that records less than two years old are not included. Mr. Herzig stated that he had given the City Attorney and the City Clerk a letter requesting photocopies of the protests that the Regis- trar of Voters evaluated. He asked for clarification on how many pro- tests the City Attorney's office had rejected and who had made the determination. The City Attorney responded that he did not have the exact figures, but there were more than 25% and less than 50% and that he had made the determination. Mr. Rourke said that he had advised Mr. Herzi g's attor- ney that he would send him a letter. VI, CONSENT CALENDAR The City Council removed items 3, 5, 6, and 8 from the Consent Calen- dar. It was moved by Kennedy, seconded by Prescott, to approve the balance of the Consent Calendar. Motion carried 5-0. 1. APPROVAL OF MINUTES - JUNE 15, 1987, REGULAR MEETING JUNE 22, 1987, ADJOURNED REGULAR MEETING JUNE 29, 1987, SPECIAL MEETING 2o APPROVAL OF DEMANDS IN THE AMOUNT OF $2,768,240.15 RATIFICATION OF PAYROLL IN THE AMOUNT OF $311,866.08 50 4. RESOLUTION NO. 87-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION (SLURRY SEAL PROJECT, 1986-87 FISCAL YEAR) Adopt Resolution No. 87-77; and assuming no claims/stop payment notices are filed, 30 days after date of recordation of Notice of Completion, authorize payment of final 10% retention amount ($11,320.00 - Doug Martin Contracting Co., Inc.) as recommended by the Public Works Department/Engineering Division. 95 7, AMENDMENT TO AGREEMENT WITH FORMA FOR RESTROOM DESIGN Approve Addendum No. I to the Consulting Services Agreement with FORMA for architectural services to design park restroom building for the Tustin Phase I Park Site (Lot 6 of Tract 12345); and authorize the Mayor and City Clerk to execute same as recommended by the Community Services Department. 45 87-31 Consent Calendar Item No. 3 - Resolution NO. 87-75 - Councilman Kelly .! said that if the reason for destroying the records was a storage prob- lem, we could find space to store them. The Finance Director clarified that none of the records were later than 1981-82 and he has a complete list of records to be destroyed. The Attorney has approved destruction, they have been audited and the law states they can be destroyed after two years, and we are stating five years. It was moved by Kennedy, seconded by Edgar, to adopt the following with changes in the second and fifth paragraphs from two years to five years: CITY COUNCIL MINUTES Page 3, 7-6-87 3. RESOLUTION NO. 87-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESTRUCTION OF CERTAIN RECORDS. The motion carried 5-0. 50 Consent Calendar Item No, 5 - Approval of Contract for EIR Consultant Services San Diego Pipeline Expansion/Relocation - Mayor Pro Tem Kennedy was concerned about the pipeline being changed and the possi- bility of hazardous waste. She felt the EIR should address what would be done with the old pipelines The Community Development Director said they would be sub-contracting with a company which has alignment and mechanical experience. It was moved by Kennedy, seconded by Hoesterey, to approve the follow- ing: 5. APPROVAL OF CONTRACT FOR EIR CONSULTANT SERVICES - SAN DIEGO PIPE- LINE EXPANSION/RELOCATION Approve the contract with LSA Associates, Inc., to provide EIR consultant services for subject project in an amount not to exceed $38,000; and authorize the City Manager to execute same as recommended by the Community Development Department. Motion carried 5-0. 45 87-32 Consent Calendar Item No, 6 - Final Environmental Impact Report {EIR 87-1) in Conjunction with the North/South Road Project - Elene Kapp, 10031 Deerhaven, Cowan Heights, requested that the North/South Road be realigned and that Section 19 specify a 20-foot berm height. ,,, Mayor Edgar responded that the Council appreciated her input and there would be a Public Hearing before the Planning Commission on this matter. The letter with signatures provided by Ms. Kapp should be included. In response to Mayor Edgar, the Engineering Services Manager stated that staff did not anticipate the design of the project until near the end of the year. It was moved by Hoesterey, seconded by Prescott, to adopt the following as recommended by the Community Development Department with the condi- tion that the letter from residents presented by Ms. Kapp be added, but that there would be no formal response: 6, RESOLUTION NO. 87-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN FINDING THAT THE ENVIRONMENTAL IMPACT REPORT (EIR 87-1) PREPARED IN CONJUNCTION WITH THE NORTH/SOUTH ROAD PROJECT IS RECOG- NIZED AS ADEQUATE AND COMPLETE AND MAKING FINDINGS WITH RESPECT TO MITIGATION OF SIGNIFICANT ENVIRONMENTAL EFFECTS AND CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT 87-1 The motion carried 5-0. 95 Consent Calendar Item No. 8 - Transfer of Cable Television Franchise - After a question-and-answer period, it was moved by Hoesterey, seconded by Kennedy, to adopt the following, setting the matter for public hear- ing on July 20, 1987, as recommended by the City Attorney: 8, RESOLUTION NO, 87-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO TRANSFER A NON- EXCLUSIVE FRANCHISE FOR A CABLE TELEVISION SYSTEM FROM COMMUNICOM OF TUSTIN, A CALIFORNIA CORPORATION, TO AMERICAN CABLESYSTEM OF CALIFORNIA, INC., A CALIFORNIA CORPORATION AND TO AMEND THE FRAN- CHISE FOR A CABLE TELEVISION SYSTEM Carried 5-0. 53 CITY COUNCIL MINUTES Page 4, 7-6-87 VII. ORDINANCES FOR INTRODUCTION None. VIII. ORDINANCES FOR ADOPTION None. - . IX, OLD BUSINESS None. X. NEW BUSINESS None. XI. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JUNE 29, 1987 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. It was moved by Hoesterey, seconded by Kelly, to ratify the Plan- ning Commission Action Agenda of June 29, 1987. Carried 5-0. 80 2. REPORT ON SLURRY SEAL PROJECT A reportin response to Councilman Ke!ly's concerns voiced _at the Special Meeting on June 29, 1987. It was moved by Kennedy, seconded by Kelly, to receive and file subject report dated June 30, 1987, prepared by the Public Works Department/Enginering Division. Motion carried 5-0. 95 3. STATUS REPORT - 17592 AMAGANSET The Community Development Director reported on the number of actions taken by staff to date. The Fire Department is proceed- ing. The property owners have pulled some permits and staff is requesting completion in thirty days. John Dobak, 14701 Brookline Way, and William R. Lucas, 14382 Acacia Drive, spoke regarding the state of disrepair of the property and the fire hazard to surrounding homes. It was moved by Kennedy, seconded by Edgar, that the legal depart- ment review the matter and address all alternatives to bring the property into Code conformance as quickly as possible. The Community Development Director stated that Building Code provi- sions state 30 days as the most reasonable time. Councilman Noesterey responded that the City took action in December, 1985. He said it is a public safety hazard and suggested the possibility of pursuing eminent domain. He would like to know what the City's options are. Councilman Kelly was opposed to using eminent domain proceedings. The Community Development Director noted that a titlerepoCt on the property may be necessary. There are Building Code procedures that would permit demolition of the structure. Staff will review all options and be in a position to act in thirty days. Notion carried 5-0. 81 4. NOTICE OF PROTEST HEARING - ANNEXATION NO. 141, PROSPECT/VANDENBERG The protest hearing for Annexation No. 141 has been officially noticed for July 20, 1987. CITY COUNCIL MINUTES Page 5, 7-6-87 It was moved b~ Kennedy, seconded by Kelly, to receive and file subject report dated July 6, 1987, prepared by the Community Devel- opment Department. The motion carried 5-0. 24 5. STATUS ON ALTERNATIVE FLIGHT APPROACHES AT JOHN WAYNE AIRPORT Staff continues to work with the Airport Noise Abatement Office to ensure compliance with established noise regulations. Dessa Schroeder said she supported the Council regarding the noise levels of the aircraft. She felt that takeoffs should not be per- mitted after 10 p.m. and that surrounding areas are being adversely affected by landings. She saw the need to keep applying pressure to adhere to noise level regulations. William R. Lucas, 14382 Acacia Drive, said he is familiar with air- craft noise citing 6,000 hours of flight time in over 25 years. Mr. Lucas stated that part of the noise problem is due to aircraft not flying at the assigned rate of descent and flying over with full flaps down. He felt Council should demand that they follow their assigned altitude, and offered his assistance on the matter. Councilman Kelly said that he has petitions with 350 signatures and he is certain he can get more in opposition to the noise problem. He requested that staff agendize possible litigation against John Wayne Airport. Mayor Pro Tem Kennedy agreed that it should be agendized. She requested that Mr. Lucas meet with our representative, James Hayes, and perhaps they could make specific recommendations. It was moved by Edgar, seconded by Kelly, to agendize the matter for the July 20 meeting. Motion carried 5-0. 101 XII, OTHER BUSINESS 1. FOURTH OF JULY CELEBRATIONS Councilman Prescott praised the Tustin Meadows July 4th parade and thanked the Police and Fire Department for their part in the Fourth of July Fireworks Spectacular co-sponsored with the Tustin Unified School District. He requested that staff send a letter to TUSD for their part in the festivities. 41 2, SUPPORT IN URGING SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) TO DELAY CONSIDERATION OF PROPOSED RULES 223 AND 1401 Councilman Hoesterey requested that the Council send a letter to South Coast Air Quality Management District {SCAQMD) urging them to delay consideration of proposed rules 223 and 1401, pending comple- tion of necessary studies to assess their environmental, health, economic and social effects. Council concurred. 67 3, TUSTIN RESIDENCE DESTROYED BY FIRE CAUSED BY FIREWORKS Mayor Pro Tem Kennedy reported that a Tustin residence was destroyed by fire, believed to be caused from fireworks. She -' requested that staff send a letter to the Board of Supervisors requesting a ban on fireworks in the unincorporated areas. She also requested that the officer who spotted the fire receive proper recognition. 52 4. FLYERS BEING DISTRIBUTED BY CHELSEA CAFE Councilman Kelly reported that Chelsea Care is distributing flyers and shared one with the Council and audience. 5, SPECIAL AUDITING Councilman Kelly requested that staff agendize ideas for our special auditing that was authorized by Council. 27 CITY COUNCIL MINUTES Page 6, 7-6-87 6. LETTER OF COMMENDATION FOR CHIEF OF POLICE CHARLES THAYER Mayor Edgar reported he had received a letter from "Parents Who Care" commending Police Chief Charles Thayer. 82 7. TRASH AT COLUMBUS TUSTIN PARK BALL FIELD Mayor Edgar recognized Kathy Blackburn, 17906 Irvine Boulevard. Ms. Blackburn requested that something be done about the tremendous amount of trash at the Columbus Tustin Park ball field. She asked how often it was cleaned up. The Recreation Superintendent responded that trash is picked up daily during the school year and the School District does it on weekends. Ms. Blackburn suggested posting "No Littering" signs. The City Manager said that staff would look into the matter. The Mayor informed Ms. Blackburn that the direction for use of the McCalla property a few years ago was for a gymnasium. 41 XIII, RECESS - REDEVELOPMENT - ADJOURNMENT At 8:39 p.m., it was moved by Hoesterey, seconded by Prescott, to recess to the Redevelopment Agency, and thence adjourn to the next Regular Meeting on Monday, July 20, 1987, at 7:00 p.m. Motion carried 5-0.