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Home My WebLink AboutCC 1 MINUTES 12-07-87MINUTES OF A REGULAR I~I~ETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA NOVEMBER 16, 1987 I0 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 Way. 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 Tern 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 Wakefield, Police Department Ronald A. Nault, Finance Director Royleen A. White, Dir. of Com. & Admin. Srvcs. Lloyd Dick, Building Official Ricardo LazarD, Plan Checker Susan Jones, Recreation Superintendent Monda Buckley, Administrative Assistant Judi Rowland, Recreation Supervisor Approximately 30 in the Audience I I I . PROCLAMRTIONS 1. TUSTIN ,)AYCEES - 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. llJSTIN TILLER DAYS COMMII'FEE Mayor Edgar presented each Committee member with a proclamation as commendation for their dedicated service and contribution to the c omm u n i ty. Committee Chairperson Linda Andrews presented Margarete 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. UPOATED EDITIONS OF 1}lE I~OOEL CONSTRUCTION CODES Wilt( LOCAL I~ODIFICATIONS - 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. CITY COUNCIL MINUTES Page 2, 11-16-87 · . The Building OffiCial and Community Development Director responded to Council questi OhS. Mayor Edgar opened the public hearing at 7:28 p.m. There were no speakers on the matter, and the public hearing was closed. Counci 1 man Hoesterey proposed the fol 1 owing 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 Hoestere~,,, seconded bY Prescott, to adopt the following: RESOL~I~ION 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 iKenne.d~, seconded by Hoester~,, 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 odly of Ordinance No. 995 by the City Clerk, it was moved bi/ Hoestere~, seconded by Prescott, that Ordinance No. 995 as amended be introduced as follows: · . ORDINANCE NO. 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 motion 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 i'n 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.. It was moved by Hoestere~,, seconded b~/ 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. CITY COUNCIL MINUTES Page 3, 11-16-87 Mayor Pro Tem Kennedy requested that management at the California Apartments be informed of Council action. The motion carried 5-0. 25 VI. PUBLIC 'INPUT i. 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 CONSENT CALENOAR It was moved b~, Kelly,, .seconded b~' Kennedy,, to approve the entire Con- sent Calendar. The motion 'carried 5-0. APPROVAL OF MINUTES - NOVEMBER 2, 1987, REGULAR MEETING APPROVAL OF OEMA&iOS IN THE AMOUNT OF $813,624.04 RATIFICATION OF PAYROLL IN THE AMOUNT OF $160,464.24 5O 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. gg 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 BOULEVARO ANO CHAPMAN AVENUE Approved subject agreement with C.D.C. Engineering, Inc., Irvine, 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 1trine 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 CITY COUNCIL MINUTES Page 4, 11-16-87 8. RESOLUTION NO. 87-134- A RESOLUTION OF THE CITY COUNCIL OF THE CII~ 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 ·. RESOLUTION NO. 87-126- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING l~tE APPLICATION FOR MULTIPLE CHILD CARE CENTER LICENSES IN ACCORDANCE WITH HEALTH AND 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. OP. OINANCES FOR ADOPTION None. IX. OLD BUSINESS 1. JOHN WAYNE AIRPORT NOISE STUDY -UPOATE An ongoing status report on the John Wayne Airport Noise Monitoring Program as requested by Councilman Kelly. It was moved by Hoesterey, 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 Z. STATUS REPORT - IRVINE IU~NCH WATER DISTRICT SERVICE AREA TP~RNSFER A response to concerns raised by Mayor Edgar at the November 2, 1987, Counci 1 meeting. It was moved b), Hoestere~,, seconded b~, Kgnned~l,, 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 Ana, Irvine and Orange as an example of what neighboring cities are doing. He stated preference for an upgraded brochure. Mayor Pro Tern 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 produced by capable City staff members. Further dis- cussi on fol 1 owed. .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. Xo CITY COUNCIL MINUTES Page 5, 11-16-87 The n~tion 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 n~tion .b~, Kelly to direct staff to conmence in~nediate produc- tion Oil a viaeo presentation died for lack of a second. After further Council discussion, it was moved by Hoestere~,, sec- ondedlllmll i by Kennedy, to continue subject item to December 7, 1987, to allow Council an opportunity to reach a consensus of direction. The motlion carriled 4-1, Kelly opposed. 38 4. EAST IUSTIN 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 Hoesterej/, seconded, i by Edgar, to continue subject item to December 7, 1987. The motion carried 5-0. 53 5. TUSTIN I~ERGENCY 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 moved Hoesterey, seconded by Kennedy, to con, it more staff time for Emer- gency Management with assistance from the State Office of Emergency Services. Carried 5-0. 103 NEW BUSI NESS LA (2)LINA-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 recon~nended adding language to the draft protest form to the effect that "any other protest that a signer of one' of these protests signs, and which 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 pro.test form is approved subject to legal ~difica- 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 (5th 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 Page 6, 11-16-87 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 th-at 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 115--0. 24 2.. AWARD OF CONTRACT' FOR IMPROVEMENT OF JAMBOREE ROAD FROIq I-5 TO IRVINE BOULEVARD, ASSESSMENT DISTRICT NO. 85-1 Bids were opened on October 27, 1987, as follows: Blair Paving, Inc., Anaheim Sully Miller Contracting Co., Orange Silveri & .LeBouef, Santa Aha Doty Bros. Equipment Co., Norwalk Vernon Paving Co., Anaheim Griffith Company, Santa Aha Southern California Grading, Inc., Irvine Fleming Engineering, Buena Park (corrected) $3,525,293.92 $3,525,486.85 $3,532,478.05 $3,597,297.40 $3,604,136.40 $3,632,870.25 $3,714,562.06 $3,757,075.25 The low bid is 3.1% under the Engineer's estimate of $3,638,682.75. It was moved b~ Kenned),, ...seconded b~ Hoestere~, 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/Engi neeri ng Di vi si on. 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 bi/ Hoestere~, seconded b~ ...Kelly, to ratify the entire Planning Commission Action Agenda of November g, 1987. The Community Development Director responded to Mayor Pro Tern 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 Hoesterej/, seconded by Edgar, to receive and file the report dated November 9, 1987, prepared by the Finance Depart- ment. Motion carried 5-0. 50 CITY COUNCIL MINUTES Page 7, 11-16-87 3. CITY ENTRANCE SIGN PROGRAM Subject report was requested by Councilman PreScott. It was moved by Kennedy, seconded b), 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 - CA.RFAX 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 n~ved bo/ Hoesterey, seconded bo/ Kennedo/, to receive and file subject report dated Novemberll :LO,I 1987'~I Prepared by the Public Works Department/Engineering Division. Motion carried 5-0. 75 i mm ii i 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-corn dated November 10, 1987, p.repared by the Public Works Department/Engineering Division, *it was moved by Hoestereo/, seconded bo/ 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 bo/ Hoestereo/, seconded bo/ Kennedy, to receive and file the report dated November 10, 1987, prepared by the Public Works Department/Engineering Division. Carried 5-0. 95 mi i 8. STATUS REPORT - FORMER RESIDENCE OF WATER SERVICES MANAGER Subject report was requested by Councilman Kelly. As recon~nended in subject inter-corn dated November'lO, 1987, pre- pared by the Public Works Department/Engineering Division, it was moved bo/ Hoestereo/, seconded bo/ Kennedy, to receive and file same. M.~i on car..ri ed 51-0. 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 Mayor 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 bo/ Ed~)ar, seconded bo/ Prescott, to receive and file the inter-comlldated November 4, 1987, prepared by the Administra- tive Services Department. Motion carried 5-0. 77 XI I. OTHER BUS I NESS 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. CITY COUNCIL MINUTES 'Page 8, 11-16-87 2. CONGRATULATIONS TO TUSTIN POLICE DEPARTMENT Mayor Pro Tem Kennedy congratulated the Po-lice Department on the unique new business secUrity program which is receiving a wonderful response. 82 3. BUSINESS IDENTIFICATION Mayor Pro Tern 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 number. 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 on Walnut near Red Hill for the past three weeks. 75 5. LEFT-TURN HOVEHENT 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 - llJSTIN 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 c, ommunities are using snapshots to apprehend drivers who exceed the. posted speed limit. He asked the Police Department to research the matter. 82 XI I I. 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. CITY COUNCIL MINUTES Page 9, 11-16-87 XI V. ALldOURNME NI' At 8:46 p.m., it was moved' bo/ Hoestere~,, seconded b~, ..Edgar, to recess to the Redevelopment 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. MAYOR CITY CLERK