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HomeMy WebLinkAboutMinutes of Spec. Mtg. 6-04-87MINUTES OF A SPECIAL I~EETING OF lliE CITY COUNCIL OF ll4E CITY OF TUSTIN, CALIFORNIA JUNE 4, 1987 CALL TO OROER The meeting was called to order by ~:Mayor Edgar at 5-35 p.m. in the City Council Chambers, 300 Centennial Way. II. ROLL CALL Councilpersons Present' Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronal d B. Hoesterey John Kelly Earl J. Prescott Counci 1 persons Absent: None Others Present: William A. Huston, City Manager Thomas L. Woodruff, Assistant City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Com. Dev. Director Approximately I in the Audience III. STATUS REPORT REGARDING ll~ACT NAP NO. 12763 Th'e City Manager provided an oral status report on Tract Map No. 12763. He stated that the tentative map has been approved by the Plan- ning Commission and City Council. It is now undergoing review in the Community Development Department to insure that the tentative map is conforming to the proposed final map. The City Manager clarified that subject map involves the high school site between Bryan Avenue and Irvine Boulevard which has been a subject of controversy, gg CLOSED SESSION The Mayor announced that the City' Council will recess to a Closed Ses- sion to consider possible litigation pursuant to Government Code Sec- tion 54956.9. RECESS - CLOSED SESSION - ADJOURNMENT At 5:38 p.m. it was moved by Hloesterej/, seconded bi/ Kennedj/, to recess to a Closed Session pursuant to Government Code Section 54956.9; and thence adjourn to the next regular meeting on June 15, 1987, a't 7-00 p.m. Carried 5-0. MAYOR CITY CLERK MINUTES OF A REGULAR ~ETING' OF THE CITY COUNCIL OF ltlE CIll~ OF llJSTIN, CAJ_IFORNIA JUNE 1, 1987 II. III. IV. 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. 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 Thomas .L. Woodruff, Assistant City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Com. Dev, Director Charles R. Thayer, Chief of Police Robert S. Ledendecker, Dir. of Public Works Lloyd Dick, Building Official Jeff Davis, Senior Planner " Laura Pickup, Associate Planner Janet Hester, Administrative Secretary Approximately 60 in the Audience PROCLAMATIONS 1. SARAH COLENAg, DIRECTOR, L. P. REPERTORY Mayor Edgar announced that subject proclamation would be presented at a later date. 2. KNIGHTS OF PYTHIAS, TUSTIN LODGE NO. 85 Michael Caldwell, Sr., accepted a proclamation from Mayor Edgar commending the Knights of Pythias, Tustin Lodge No. 85, for their service to the community. Mr. Caldwell thanked the Council. 84 3. JOHN O. BRAJ)LEY, I~EMBER OF KNIGHTS OF PYTHIAS, FOR COI~IqUNITY SERVICE Mayor Edgar presented a proclamation to John O. Bradley in recogni- tion of his 33 ]years of service as a member of the Knights of Pythias. Mr. Bradley expressed his thanks to Council. ; 84 PUBLIC REARINGS 1, APPEAL OF PLANNING COMMISSION DENIAL OF USE PERMIT 87-6 - 14082 RED HILL AVENUE AT NISSON ROAD - RESOLUTION NO. 87-60 & RESOLUTION NO. 87-60A The staff repor, t and recommendation were presented by the Community Development Director as contained in the inter-corn dated June 1, 1987, prepared by the Community Development Department. The public hearing was opened by Mayor Edgar at 7-13 p.m. Stephen J. Watson, Marketing Represen_tative, Exxon Company, U.S.A., residing at 1852 Roanoke Avenue, spoke in favor of Use Permit 87-6 and requested the Council overturn the Planning Commission's denial of same. Nadine Frosch, 2411 N. Bellbrook, Orange, urged Council to uphold the Planning Commission's denial of Use Permit 87-6. She was asked to speak by Parents Who Care, and described her ordeal as a victim whose vehicle was hit by a drunk driver. CITY COUNCIL MINUTES P~ge 2, 6-1-87 There were no other speakers on the matter, and the public hearing was closed at 7:23 p.m. Mr. Watson responded to Councilman Hoesterey that Tri-State Engi- neering originally filed the Conditional Use ~Permit on Exxon's behalf. It was never Exxon's policy to never request to sell beer and wine. He stated that Exxon was not aware that Mr. Baker of Tri-State made representations that a request to sell alcoholic beverages would never be made. It was moved bi/ Hoestere~, seconded by i..Kenned~, to adopt the following: RESOLUTION NO. 87-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF USE PERMIT 87-6 FOR AN OFF-SITE BEER AND WINE SALES LICENSE AT 14082 RED HILL AVENUE Coun'cilman Kelly spoke in opposition to the motion. He was suppor- tive of the applicant's request, based on their track record and character. He was impressed with the applicant's restrictive guidelines in handling alcoholic beverages. Councilman Prescott concurred. Jack Miller, Parents Who Care, reported that a similar experience recently occurred before the Pasadena City Council with representa- tives from ARCO gasoline stations, .which is certainly a respected organization. However, despite all the assurances, programs, poli- cies, and video equipment, two Pasadena City College students (ages 19 and 20) were still able to purchase alcoholic beverages at three of the four convenience stores they visited. Police Chief Thayer stated that there are more liquor licenses per capita in Tustin than in any other Orange~ County community, and noted that there are considerable liquor establishments in subject area. He disagreed with the addition of any liquor licenses in the community until such time that growth can support that. He spoke strongly to uphold the Planning Commission's denial of Use Permit 87-6. Dave Larson, Tustin Meadows resident, Executive Director of the National Council on Alcoholism in Orange County, concurred with Chief Thayer. He urged Council to deny Use Permit 87-6. Mayor Pro Tern Kennedy spoke adamantly in opposition to Use Permit 87-6. Mayor Edgar spoke in favor of Use Permit 87-6 as a step in the com- munity to maintain economic strength. . Councilman Kelly and Mayor Pro Tem Kennedy ensued in debate on the matter. Ethel Reynolds, Parents Who Care, read an article to appear in their newsletter which lists statistics on political donations by liquor and gasoline lobbies. She noted that Ordinance No. 981, effective on June 4, 1987, would prohibit such an establishment based on distance requirements. On behalf of Parents Who Care, she requested Council's denial of Use Permit 87-6. Nadine Froesch expressed disbelief that the Council majority would support beer and wine sales at a gasoline station. She encouraged Council to explore other means of improving the community. Lyn 'Van Dyken, 235 South "A" Street, spoke in opposition to Use Permit 87-6. Jack Miller again spoke in opposition to Use Permit 87-6. Dave Larson expressed amazement that Council majority would accept assurances by Exxon that sales will be restricted. He reported instances where he has testified against illegal sales practices in spite of company policies. __FY COUNCIL MINUTES Page 3, 6-1-87 Karen Marglure, business owner in Larwin Square, spoke in opposi- tion to Use Permit 87-6. The motion failed 2-3, Edgar, Kelly and Prescott opposed. It was moved b)' Edgar, seconded b~ Prescott, to approve Use Permit 87-6, an~JI inc6rporate all the strict guidelines identified by Exxon as conditional. Mayor Pro Tem Kennedy stated her sincere belief that the American process is a government by and for the people; that a gasoline station will not renovate Red Hill; and that when election time comes around, all Councilmembers will have to respond to the people for not listening to what they are saying. Councilman Kelly declared Mayor Pro Tem Kennedy out of order. Mayor Edgar called for the question. The motion carried 3-2, Hoesterey and Kennedy opposed. The Assistant City Attorney and Community Development Director interjected that staff had prepared a resolution for Council's approval of Use Permit 87-6, reversing Planning Commission's denial of same. It was moved b)' Ed~)ar, seconded b)' Prescott, to adopt the follow- ing: RESOLUTION NO. 87-60A - .A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REVERSING THE PLANNING COMMISSION DENIAL OF USE PERMIT 87-6 FOR OFF-SITE BEER AND WINE SALES IN CONJUNCTION WITH A MINI-MARKET AND GAS STATION USE AT 14082 RED HILL AVENUE The motion carried 3-2, Hoesterey and Kennedy opposed. 81 EXTENSION OF MORATORIUM ORDINANCE - OLD TOWN RESIDENTIAL AREA - URGENCY ORDINANCE NO. 987 Ordinance No. 987 would grant an extension of 10 months and 15 days of the moratorium on processing, approval or issuance of permits for subdivisions, changes in land use occupancy and zone changes in the Old Town residential area as imposed by Ordinance No. 984 adopted by Council on April 20, 1987. The staff report and recommendation were presented by the Community Development Director as contained in the inter-com dated May 21, 1987, prepared by the Community Development Department. The Mayor was supportive of staff's deletion of the area 6etween First Street and Irvine Boulevard, easterly and westerly of Yorba from the extended moratorium. The Community Development Director responded to Council questions. The public hearing was opened by Mayor Edgar at 8:05 p.m. There were no speakers on the matter, and the public hearing .was closed. It was moved b)' Kenned),, seconded b)' Prescott, that Urgency Ordi- nance No, 987 have first reading by title only. Carried 5-0. Following first reading by title only of Urgency Ordinance No. 987 by the City Clerk it was moved b)' Kenned)', seconded b)' Hoester. e)', that Urgency Ordinance No. 987 be introduced as follows: ORDINANCE NO. 987 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE MORATORIUM ON THE PRO- CESSING, APPROVAL OR ISSUANCE OF PERMITS FOR SUBDIVISIONS, CHANGES IN LAND USE OCCUPANCY AND ZONE CHANGES ON PROPERTIES IN THE RESI- DENTIAL AREA OF OLD TOWN TUSTIN AS APPROVED BY ORDINANCE 984 AND EXEMPTING CERTAIN PROPERTIES IN THE VICINITY OF YORBA STREET FROM THE EXTENDED MORATORIUM The motion carried 5-0. 81 CITY COUNCIL MINUTES Page 4, 6-1-87 It was moved _by Kelly, seconded by Hoesterey, that Urgency Ordi- nance No. 987 have second reading by title only. Following second reading by title only of Urgency Ordinance No. 987 by the City Clerk, it was moved by Kennedy, seconded, by Hoesterey, that Urgency Ordinance No. 987 be passed and adopted as follows: ORDINANCE NO. 987 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE MORATORIUM ON THE PRO- CESSING, APPROVAL OR ISSUANCE OF PERMITS FOR SUBDIVISIONS, CHANGES IN LAND USE OCCUPANCY AND ZONE CHANGES ON PROPER~TIES IN THE RESI- DENTIAL AREA OF OLD TOWN TUSTIN AS APPROVED BY ORDINANCE 984 AND EXEMPTING CERTAIN PROPERTIES IN THE VICINITY OF YORBA STREET FROM THE EXTENDED MORATORIUM Roll Call Vote: AYES: Edgar, Hoesterey, Kelly, Kennedy, Prescott NOES: None ABSENT: None 3. EXTENSION OF MORATORIUM ORDINANCE - NEWPORT AVENUE - URGENCY ORDI- NANCE NO. 986 Ordinance No. 986 would grant an extension of the moratorium on processing, issuance of permits or approvals of any kind for development projects on properties generally located on the east side of Newport between Main and San Juan, and on the west side of Newport between the I-5 Freeway and Mitchell Avenue as imposed by Ordinance No. 983 adopted by Council on April 20, 1987. The Community Development Director presented the staff report and recon~nendation as contained in the inter-corn dated May 21, 1987, prepared by the Community Development Department. The Director and Council concurred with Mayor Pro Tem Kennedy'~ request to include business owners as well as residents in the June 22 Planning Commission workshop on the matter. Mayor Edgar opened the public hearing at 8:09 p.m. There were no speakers on the matter, and the public hearing was closed. It was moved iby Kennedy, seconded by Kel.lj/, that Urgency Ordinance No. 986 have first reading by title only. Carried 5-0. Following first reading by title only of Urgency Ordinance No. 986 by the City Clerk it was moved by Kennedy, seconded by Hoesterey, that Urgency OrJinance Noj 986 be introduced as follows: ORDINANCE NO. 986 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF TUSTIN, CALIFORNIA, EXTENDING THE MORATORIUM ON PROCESSING,' ISSU- ANCE OF PERMITS OR APPROVALS OF ANY KIND FOR DEVELOPMENT PROJECTS OF PROPERTIES GENERALLY LOCATED ON THE EAST SIDE OF NEWPORT AVENUE BETWEEN SAN JUAN AND MAIN STREET AND ON THE WEST SIDE OF NEWPORT AVENUE BETWEEN THE I-5 FREEWAY AND MITCHELL AVENUE AS PREVIOUSLY ADOPTED BY ORDINANCE NO. 983 The motion carried 5-0. 81 lit was moved by Hoesterey, seconded by Kennedy, that Urgency Ordi- nance No. 986 have second reading by title only. Carried 5-0. Following second reading by title only of Urgency Ordinance No. 986 by the City ClePk, it was moved by Kennedy, seconded by Hoesterejf, that Urgency Ordinance No. 986 be pasSed and adopted as follows: ORDINANCE NO. 986 - AN. URGENCY ORDINANCE OF THE CITY COUNCIL OF TUSTIN, CALIFORNIA, EXTENDING THE MORATORIUM ON PROCESSING, ISSU- ANCE OF PERMITS OR APPROVALS OF ANY KIND FOR DEVELOPMENT PROJECTS OF PROPERTIES GENERALLY LOCATED ON THE EAST SIDE OF NEWPORT AVENUE BETWEEN SAN JUAN AND MAIN STREET AND ON THE WEST SIDE OF NEWPORT AVENUE BETWEEN THE I-5 FREEWAY AND MITCHELL AVENUE AS PREVIOUSLY ADOPTED BY ORDINANCE NO. 983 FY COUNCIL MINUTES Page 5, 6-1-87 Roll Call Vote: AYES: Edgar, Hoesterey, Kelly, Kennedy, Prescott NOES: None ABSENT: None 81 4. APPEAL OF PLANNING '(~)MMISSION DENIAL OF DEVIATION FROM TUSTIN PLAZA MASTER SIGN PLAN - BRISTOL SPAS, 13771 NEWPORT AVENUE, ~7 On May 11, 1987, Planning Commission denied the applicant's 'request 'to deviate from the Master Sign Plan. The staff report and recommendation were presented by the Community Development Director as contained in the inter-corn dated June 1, 1987, prepared by the Community Development Department. The Direc- tor responded to Council questions. Mayor Edgar opened the public hearing at 8:14 p.m. Stuart Swidler, 13771 Newport Avenue, owner of Bristol Spas, spoke in favor of his request to deviate from the Tustin Plaza Master Sign Plan. He presented a chronology of events from application of the sign permit. He stated that none of his business neighbors object to the orange sign, and several businesses already have orange signs (Chin's Chinese and Payless Shoe Source). He respect- fully suggested that Council reconsider and approve the orange- color sign. He emphasized that electrical problems would be cor- rected to meet UL standards. Tom Kelly, Tustin resident, noted that the City logo consists of a large orange. There were no other speakers on the matter, and the public hearing .was. closed at 8:25 p.m. Mr. Swidler responded to Council questions. CounCil discussion followed. It was moved by Hoestere~, seconded bi/ Kelly, .that the color orange for the sign be approved; that the sign be brought into Code con- formance as quickly as possible; and that staff report back to Council on the matter on June 15. Council discussion followed. Mayor Pro Tem Kennedy thanked staff for their diligence in trying to maintain uniformity. However, she felt previous approval of variance requests had set precedent. ' The motion carried 5-0. 93 PUBLIC INPUT 1. STATUS OF DOWNTOWN PARKING STRUCTURE & HANDICAP RAMPS Richard Vining, 400 West Main Street, requested a status report on the downtown parking structure, and asked if the restricted parking on "B" Street will be reinstated when the structure is completed. The Community Development Director reported that the parking struc- ture is nearly completed. The only' thing remaining is the ramp which should be completed within a week or two. The City Manager assured Mr. Vining that parking restriction on "B" Street will be reinstated upon completion of the downtown parking structure. Mr. Vi ning stated that the entire curb on the northeast corner of "B" and Main Streets was demolished for signal installation, and then reinstalled by the contractor to its original condition. He wondered why a handicap ramp was not installed, and why similar curbs couldn't be converted to handicap ramps piecemeal. CITY COUNCIL MINUTES Page 6, 6-1-87 · The Director of Public Works responded that the Main Street Recon- struction Project will be awarded on June 15. Subject curb was not modified until completion of street improvements so as not to adversely impact drainage any further. Upon project completion, all curb returns will have a handicap ramp with the exception of the northwest corner of "B" and Main Streets where the existing driveway ~ll be utilized since it encroaches into the curb return. Additionally, the Director of Public Works reported that only undergrounding of street lighting conduits on Main Street will be funded in conjunction with the project. 60 2. ANNEXATIONS NO. 139 & 140 Joseph Herzig, 1751 Rainbow Drive, was informed by Mayor Edgar that all matters in regard to the protest signatures will be considered by the Council on June 15. 24 VI. 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 - MAY 18, 1987, REGULAR ~ETING 2. APPROVAL OF DENANDS IN THE AMOUNT OF $549,064.91 RATIFICATION OF PAYROLL IN THE AMOUNT OF $157,745.93 50 RESOLUTION NO. 87-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DESIGNATING THE CITY ENGINEER AND THE CITY FINANCE DIREC- TOR TO ACT ON BEHALF OF THE CITY COUNCIL {For Correction/Cancella- tion of Special Assessments) Adopted Resolution No. 87-59 designating the City Engineer and the Finance Director to correct or cancel special assessments for weed abatement, street lighting, refuse disposal and land- scape maintenance as recommended by the Finance Department. 50 4. REJECTION OF CLAIM NO. 87-16; CLAIMANT: BURTSCHER, ROBERT F.; DATE OF LOSS: 2/15/87; DATE FILED WITH CITY: 4/29/87 Rejected subject claim for personal injury in the amount of $5,000,000 as recommended by the City Attorney. 40 5. REJECTION OF CLAIM NO. 86-51; CLAIMANT: GEORGE KOROL, M.D.; DATE OF LOSS: 8/1/86; DATE FILED WITH CITY: 11/7/B6 Rejected subject claim for property damage in the amount of $1'112,000 as recommended by the City Attorney. 40 6. RESOLUTION NO. 87-62 - A RESOLUTION OF THE CITY COUNCIL OF TH.E CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, AMENDING RESOLUTION NOj 87-58 (LANDSCAPE AND LIGHTING DISTRICT HEARING DATE) Adopted Resolution No. 87-62 amending Resolution No. 87-58 to set the hearing date for June 15, 1987, as recommended by the Public Works Department/Engineering Division. 63 7. SURPLUS MOWING EQUIPMENT Declared as surplus the following equipment: three 25" ,Tru-cut reel mowers; four 21" Snapper rotary mowers; four McLane edgers; one weed eater; and one backpack blower as recommended by the Public Works Department/Engineering Division. The equipment will be sold at the annual auction. 87 8. EL MODENA-IRVINE CHANNEL EASEMENTS AND DEEDS Authorized the Mayor and City clerk to execute E1 Modena-Irvine Channel documents on behalf of the City as recommended by the Public Works Department/Engineering Division as follows: a) Quitclaim Deed {Quitclaims construction easement back to The Irvine Company which is no longer required by the City); b) Escrow Instruction Letter (Provides for opening of escrow account so that all documents can be processed in orderly manner with respect to stipulated order of execution/ recordation); and .~TY COUNCIL MINUTES Page 7, 6-1-87 c) The Irvine Company Easement to City of Tustin (Provides permanent blanket easement over flood channel facility for repair/maintenance of City inlets to the E1 Modena-Irvine Channel facility). 4.5; 87'23 9. RELOCATION OF SCHOOL CROSSWALK ON BRYAN AVENUE Approved the sketch attached to the staff report showing relo- cation of the existing school crosswalk on Bryan Avenue from the Utt Drive intersection to a new location near Charloma to serve Fesidents in the senior citizens home at 1262 Bryan Avenue and school children in the local area as recommended by the Public Works Department/Engineering Division. 46 10. AGREEMENT BETWEEN THE CITY AND ASSESSMENT AND TREATMENT SERVICES CENTER (ATSC) Approved the agreement with ATSC for counseling services of youthful offenders at a rate of $200 per referral by the City; and authorize the City Manager to execute same as recommended by the Police Department. 45; 87-24 11. RESOLUTION NO. 87-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE SCHEDULE FOR TUSTIN CITY CODE VIOLATIONS Ad. opted Resolution No. 87-61 as recommended by the Police Department. 82 VII. ORDINANCES FOR INTRODUCTION- None. VIII. ORDINANCES FOR ADOPTION- None. IX. OLD BUSINESS 1. EVENINGSIDE/RAINBOW ANNEXATION NO. 139 On May 26, 1987, Council received and filed written protests on subject annexation. It was moved by Hoesterey, seconded by Edgar, to continue certifi- cation of the value of written protests for subject annexation to June 15, 1987, as recommended' by the City Clerk in the inter-com dated June 1, 1987. Carried 5-0. 24 2. LA COLINA/BROWNING ANNEXATION NO. 140 On May 26, 1987, Council received and filed written protests on subject annexation. It was moved bi/ Hoest. ere~, seconded by Ed~)ar, to conti6ue certifi- cation of the value of written protests for subject annexation to June 15, 1987, as recommended by the City Clerk in the inl~er-com dated June 1, 1987. Carried 5-0. 24 X. NEW BUS I NESS 1. ASSEMBLY BILL 2190 (CHACON) NANDATORY DISTRICT ELECTIONS At its meeting on May 18, 1987, Councilman Hoesterey requested sub- ject item be agendized for Council consideration. Councilman Kelly voiced vehement opposition to Assembly Bill 2190. As recommended in the inter-com dated May 20, 1987, prepared by the Administrative Services Department, it was moved by Kellj/, seconded by Ed,)ar, to direct staff to continue active opposition to Assembly Bil'l 2190 which would mandate cities with population over 25,000 to elect their governing bodies by or from districts. Carried 5-0. 61 2. AWARD OF CONTRACT FOR ASPHALT CONCRETE REHABILITATION AND OVERLAY PROdECT, 1986-87 FISCAL YEAR Bid opening for subject project was held on May 26, 1987. following bids were submitted: The OITY COUNCIL MINUTES P,~je 8, 6-1-87 R. J. Noble Company, Orange Sully-Miller Company, Orange Vernon Paving Company, Anaheim 'Blair Paving Company, Anaheim $213,941.55 $215,376.19 $241,101.06 $255,032.06 The low bid is 3.9% below the engineer's estimate of $222,525. It was moved by Hoesterey, seconded by...K.ennedy, to award the con- tract to R. J. Noble Company, Orange, in the amount of $213,941.55 for subject project as recommended by the Public Works Department/ Engineering Division in the inter-corn dated May 26, 1987. The moti on Carri ed 5-0. 95 3. J AlWlBOREE ROAD EXTENSION THROUGH MCAS A joint project with the City of Irvine and The Irvine Company. The consultant has incurred additional costs on design work which have been reviewed and found acceptable to all parties by verbal response. Tustin's share of the change order is $24,014. As recommended in the inter-com dated May 26, 1987, prepared by the Public Works Department/Engineering Division, it was moved by Hoe.s[erey, seconded by ..Kennedy , to authorize execution of the extra work change order to Church Engineering, Inc., in the amount of $147,810 to cover extra design work on the Jamboree Road extension plans, subject to receipt of written concurrence from both the City of Irvine and The Irvine Company. Carried 5-0. 95 4. 1987-88 ADVANCE FROH THE GENERAL FUND TO THE SOUTH CENTRAL PROJECT /kREA (Reference Redevelopment Agency Minutes of June 1, 1987, Item No. 4) Completion of various Agency projects in the South Central Project Area require an additional $600,000 advanced from the General Fund. Pursuant to the recommendation contained in the inter-com dated May 27, 1987, prepared by the Finance Department, it was moved by Hoesterey, seconded by Kennedy, to authorize the Mayor and City Clerk to execute the agreement between the City of Tustin and the Tustin Community Redevelopment Agency directing the advance of an additional $600,000 to the SoUth Central Project Area to carry out the programs of the Redevelopment Agency during the 1987-88 fiscal year as recommended by the Finance Director. Motion carried 5-0. 45; 87-25 5. REPLACEI~NT OF FORD TRACTOR MOWER Replacement of a mower currently out of service and in need of $5,000-$7,000 worth of repai rs. It was moved by Hoesterey, seconded by Kennedy, to waive the :formal competitive bid procedure; and authorize the purchase of a recon- ditioned Hydro-Power 180 mower from Bob Hicks Turf and Equipment at a cost of $23,000 to replace the Ford tractor and Gang Reel mower as recommended by the Public Works Department/Engineering Division in the inter-corn dated May 26, 1987. 87 6. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - CURBS, GUTTERS & CROSS- GUTTERS, "A" STREET FROH HAIN TO SECOND - RESOLUTION NO. 87-63 Councilman Hoesterey echoed Mr. Vining's comments during Public Input that whenever possible, staff coordinate construction proj- ects to eliminate duplication of work, especially at curbs and gutters. As recommended in the inter-com dated May 27, 1987, prepared by the' Public Works Department/Engineering Division, it was moved Hoesterey, seconded, by Kennedy, to: . 1) Adopt the following; and RESOLUTION NO. 87-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION .TY COUNCIL MINUTES Page 9, 6-1-87 2) Assuming no claims or stop payment notices are filed, 30 days after date of recordation of Notice of Completion, authorize payment of the final 10% retention amount ($3,902.57 -Bruce Paving Company). The motion carried 5-0. 9S 7.. NITRATE RENOVAL DEMONSTRATION PROJECT As recommended by the Public Works Department/Engineering Division in the inter-corn dated May 29, 1987, it was moved by Hoesterej/, seconded bi/ Kennedj/, to: 1) Request the Orange County Water District (OCWD) to award the contract for the Tustin Nitrate Removal Demonstration Project to Gaco Systems, Inc., in the amount of $1,264,800; and 2) Authorize the preparation of a supplemental agreement to the original January, 1985, agreement to provide for the City's acquisition of the project from OCWD at the end of the two-year demonstration period per the following: a) Payment of $800,000 at end of demonstration period; and b) Annual payments at interest rate ~of 8% based upon actual City cost savings of pumped water vs. purchased water until the balance of $464,000 is paid. The motion carried 5-0. 45; 87-26 107 REPORTS 1. PLANNING COI~IISSION ACTIONS - NAY 26, 1987 · It was moved b~, Hoestere~, seconded by Kennedj/, to ratify the entire planning Commission ACtion Agenda of May 26, 1987. Motion carried 5-0. 80 2. TRAFFIC SIGNAL AT NEWPORT AVENUE & OLD IRVINE BOULEVARD Mayor Edgar requested staff report on the possibility of signaliz- ing subject intersection and provide a cost estimate for same. The Director of Public Works presented the staff report as con- tained in his inter-com dated May 2'2, 1987. Although subject intersection meets traffic signal warrants, he recommended against signal installation due to the minimal amount of cars (200) exiting Plaza Lafayette, and its proximity to the existing signalized intersection at I rvine Boulevard and Newport Avenue. The Director noted that there are several other locations throughout the City that are in more critical need of expenditure of funds for 1;raffic control. ' Mayor Edgar suggested staff explore utilization of Redevelopment funds, agendize the matter, and perhaps accomplish the work without compromising other work. The Director responded that on Newport Avenue between Irvine Boulevard and 17th Street, the most logical location for a traffic signal in that vicinity would be at Wass and Newport. This location would serve many more cars, and provide overall spacing for gaps within timing to allow cars exiting com- mercial establishment driveways. The Director assumed Council would be requested to install a signal at Wass sometime in the near future. A signal at Old Irvine would make it difficult with timing by having too many signals in a given area. Council/staff discussion followed. Councilman Hoesterey suggested making the movement from Old Irvine onto Newport a "ri ght turn only." Mayor Pro Tem Kennedy concurred. AS recommended by the Director, it was m°ve'dnb~et Kennedj/, seconded bi/ Hoesterej/, to direct staff to study the ire area on Newport Avenue between Irvine Boulevard and 17th Street, and report back to Council on the matter. The motion carried 5-0. 94 CITY COUNCIL MINUTES P~e 10 , 6-1-87 X~. OTHER BUSINESS 1. POSTPONEMENT OF PARK FIN,JU~iCING gORKSHOP Council concurred with the City Manager's request to postpone the June 8 workshop on Park Financing. 77 CLOSED SESSION The Mayor announced that the City Council will recess to a Closed Session to: 1) Consider legal matters pursuant to Government Code Section 54956.9; and 2) Give instructions to the City negotiator regarding a portion of the property located at the northeast corner of Red Hill Avenue and Walnut Avenue pursuant-to Government Code Section 54956.8; and 3) Discuss personnel matters pursuant to Government Code Section 54957. RECESS - REDEVELOPMENT AGENCY; CLOSED SESSION - ADJOURNMENT At 9:01 p.m., it was moved b~ Ed,..gar, sec..onded, b~/ HoestereT, to recess to a meeting of the Redevelopment Agency, thence to a Closed Session pursuant to Government Code Section 54956.9, 54956.8 and 54957; and thence adjourn to the next Regular Meeting on June 15, 1987, at 7:00 p.m. The motion carried 5-0. I~YO1R CITY' ICLERK MINUTES OF AN ADJOURNED REGULAR ~ETING OF ltlE CITY COUNCIL OF lltE CITY OF llJSTIN, CALIFORNIA MAY 26, 1987 lo II. III. CALL ltd OPal)ER/PLEDGE OF AI-LEGIANCE/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 Councilman Prescott, and the Invocation was given by Mayor Pro Tem Kennedy. 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 Thomas Woodruff, Assistant City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Com. Dev. Director Charles R. Thayer, Chief of Police Robert S. Ledendecker, Dir. of Public Works Royleen White, Dir. of Com. & Admin. Srvcs. Suzanne Atkins, Deputy City Attorney Susan Jones, Recreation Superintendent Jeff Davis, Senior Planner Mary Ann Chamberlain,'Associate Planner ~' Eva A. Nava, Deputy City Clerk Janet Hester, Administrative Secretary Approximately 100 in the Audience PUBLIC ~E~INGS 1. PROPOSED ANNEXATION NO. 139 - PROTEST HEARING In response to a petition containing 34-signatures requesting annexation, Annexation No. 139 was intiated by the City Council on February 17, 1987. The area is bounded by Irvine BoUlevard on the south, Browning Avenue on the west, La Col ina on the north, and Tustin Ranch on the east. It consists of 85 single-family homes and Tustin Memorial Elementary School. Population is estimated at 323.. The staff report and recommendation were presented by the Community Development Director as contained in the inter-corn dated May 26, 1987, prepared by the Community Development Department. : It was moved by Kennedy, seconded by Hoesterey, to receive and file written protests which have been filed with the City Clerk. Motion carri ed 5-0. Mayor Edgar opened the public hearing at 7:11 p.m. W. Ed German, 12581 Ranchwood Road, Santa Ana, stated that written protests from 101 residents have been submitted, which represents in excess of 50% of annexation area residents. Nicholas Trapnell, 1832 Alita L~ne, Santa Ana, was informed that he is a resident of Annexation No. 140 area and deferred comment. There were no other speakers on the matter, and the public hearing was closed at 7:15 p.m. Roy Weitzel, 1811 Blueberry. Way, Tustin, was informed that the City has fully complied with State law in notifying both registered voters and property owners within the annexation areas regarding this evening' s protest hearing. CITY COUNCIL MINUTES Page 2, 5-26-87 It was n~ved bi/ Kennedy, seconded b~v Kell)/, to direct staff to certify t'he'value of written protests and report back to the City Council on June 1, 1987; and direct staff to draft an appropriate resolution based on percentage of protests certified. Carried 5-0. '24 2. PROPOSED ANNEXATION NO. 140 - LA COLINA/BROWNING In response to a petition containing over 500 signatures requesting annexation, Annexation No. 140 was initiated by City Council on March 2, 1987. The area is generally bounded by La Colina on the north, Browning.Avenue on the east, existing City boundaries on the south (Burnt Mill Road), and Newport Avenue on the west, and includes the Colony Condominiums on the northeasterly corner of Newport and La Colina. It consists of 1,210 single-family resi- dences, 307 multi-family units, I church and I school. Population is estimated at 5,764. The staff report and recommendation were presented by the Community Development Director as contained in the inter-corn dated May 26, 1987, prepared by the Community Development Department. It was moved by Kenned),, seconded by Hoestere~, to receive and file written protests which have been filed with the City Clerk. Car- tied 5-0. Mayor Edgar opened the public hearing at 7:27 p.m. The following persons spoke in opposition to Annxation No. 140: Joseph Herzig, 1751 Rainbow Drive, Santa Ana, stated he filed a total of 411 written protests, 407 from registered voters, 4 from property owners. He added that Jane Portera filed approximately 1,495 protests from registered voters, for a grand total of 1,906 protests. He noted there may be some duplications. Other speakers in opposition were: Chad Ohanian, 12552 Kenwood Lane Charles White, 12532 Del Rey Drive Dennis B°nham' 13082 Dean Stm~eet ~ ~~ Jay Peterson, 12581 Lemona Lane--- Tommya Cosco, 12742 Red Hill Avenue John Pittaway, 1582 Tiffany Place Nicholas Trapnell, 1832 Alita Lane Jane Portera, 1867 Cockscrow Lane William Leigh, property owner at 12912 Charloma Drive Lorane Katz, 12202 Red Hill Avenue Josephi ne Prentiss, 1104 Napa J. C. Brandt, 1532 Windsor : Steve Hogue, 12732 Dean Street Sylvan Katz, 12202 Red Hill Avenue Lily GenoVa, 12501 La.Bella Drive Edward P. Stamford, 13201 Hickory Branch The following persons spoke in favor of proposed Annexation No. 140: Robert Roensch, 12531 Bubbling Well Phyllis Spivey, North Tustin resident Additional speakers opposed to proposed Annexation No. 140: Bob Harrington, 12571 Wedgewood Irene Dardashti, 1871 La Colina Dan Scinto, 1772 Sirrine Drive, expressed fears regarding the area's future and changes in the environment. The following persons were given a second opportunity to address the Council on the matter: .TY COUNCIL MINUTES Page 3, 5-26-87 IV. VI. Joseph Herzig, 1751 Rainbow Drive Tommya Co$co, 12742 Red Hill Avenue John Pittaway, 1582 Tiffany Place Lorane Katz, 12202 Red Hill Avenue Joseph Herzig, 1751 Rainbow Drive, was given a third opportunity to address the Council on the matter. There were no other speakers on the matter, and the public hearing was closed by Mayor Edgar at 8:49 p.m. Counci 1 comments fol 1 owed. It was molved by Edgar, seconded by Kennedy, to direct staff to certify the value of written protests and report back at the City Council meeting on June 1, 1987. If certification is not complete by then, the matter will be continued to the City Council meeting on June 15, 1987. Motion carried 5-0. 24 OlltER BUSI NESS None. RECESS - CLOSED SESSION The Mayor announced that the City Council would recess to a Closed Ses- sion to confer with the City Attorney regarding pending litigation pur- suant to Government Code Section 54956.9(b){1). OFFICIAL ADJOURNMENT - VINCENT L. 14UMESTON Mayor Edgar requested that Council officially adjourn in memory of Vincent L. Humeston who passed away recently. Mr. Humeston served on the Tustin City Council for over 15 years, five of which he served as Mayor. At 9:05 p.m., it was moved by Hoestere~,, seconded by Kennedy,, to recess to a Closed Session pursuant to Government Code Section 54956.9(b)(1); thence adjourn in memory of Vincent L. Humeston, in recognition of the fine service given by him to the community; and thence to the next regular meeting on June 1, 1987, at.7:00 p.m. The motion carried 5-0. MA'YOR CITY CLERK