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HomeMy WebLinkAboutCC Minutes 9-21-87 MINUTES OF A REGULAR )4~ETIRG OF THE CITY COUNCXL OF THE CXTY OF llJSTIN, CALIFORRXA SEPTEMBER 21, 1987 CAI.L Il) ORDER/PLEDGE OF /ul ~GIANCE/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 Hoesterey, and the Invocation was gtven by Mayor Pro Tem Kennedy° II. I~)LL CALL Coun~ilpersons Present: Richard Bo Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott Counctl persons Absent: None Others Present: Wtlltam A. Huston, City Manager James Go Rourke, City Attorney Mary E. Wynn, City Clerk Robert Ledendecker, Oir. of Public Works Ronald A. Mault, Finance Dtrector Susan Jones, Recreation Superintendent Captatn Foster, Pol t ce Department Lloyd Dick, Building Offtclal Jeff Davis, Senior Planner Cheryl Pengue, Planntng Technician Approximately 40 in the Audtence III. SPECIJU. Pf~ESERI'ATION 1. CERTIFICATE Ai/A~J) FI~OM TAC-1 FIRE PREVIENTION OOF/~II'rEE TO SAIN)IE- BAI~K MOBILE HONE PARK Chtef Joseph Anderson, TAC-1 Council Chairman, presented a "TAC-1 Certificate of Excellence" in appreciation of 100% smoke detector Installation to John guers, Saddleback Mobile Home Park Manager. Mr. Muers thanked the TAC-1 Council, the Explorer Scouts who installed the smoke detectors, the Orange County Ftre Department, and the City of Tustln for providing the funds. Chief Anderson introduced Bryan Johnson, Station 21 paid-call Fire- fighter/Explorer Scouts Leader, who provtded information on their program. The Chief acknowledged Isabelle McClements, Helen Edgar, and Margaret Pottanger, for their past assistance to TAC-1. 84 IV. PROCLJUi~TIO~ 1. RETIREI) ti~INENAJiCE WORKER BlENDlE ~ SCOII' Mayor Edgar presented a proclamation to Blendle A. "Scotty" Scott tn appreciation of 14 years' outstanding servtce to the City. He thanked the Councll. ~ 2. RETIRED II~TER SERVICES ~R EARL E. ROgENHORST The Mayor read a proclamation commending Earl E. Rowenhorst upon 'hts retirement after 41 years' servtce to the Tusttn Water Works and the City of Tusttn. Mr. Rowenhorst thanked the Director of Publtc Works and the Council, and expressed pleasure for the oppor- tunity to have served the Tustin community. 84 3. CONSTIIllTION k~l[K -SEPTE~ER 17-23, lg87 Ms. Ruth Lee accepted a proclamation from Mayor Edgar designating Septmnber 17-23t 1987, as "Constitution Week," and thanked the Council on behalf of the Nattonal Society, Oaughters of the American Revolution. 8~) CITY COUNCIL MINUTe_ Page 2, 9-21-87 4. ESCROW HONTH - OCTOBER, 1987 Mayor Edgar presented a proclamation to Gloria Knight and Scott Hunt declaring October, 1987, as "Escrow Month:" Mr. Hunt thanked the Council. (~l 5. FIRE PREVENTION ~EK - OCTOBER 4.-10, 1987 A proclamation was presented by the Mayor to Chief Bob Miller designating October 4-10, 1987, as "Fire Prevention Week." Chief Miller expressed his thank~ to the Council, and invited the com- munity to attend open house on Saturday, October [0, at their nearest fire station. 84 6. PRESENTATION FROM SPIRITUAL ASSEMBLY OF THE 8J~IAI'S OF TUSTIN Mayor Edgar recognized Mr. Douglas Sohn who presented each Council- member with a copy of "The Promise of World Peace" statement. Mr. Sohn explained the purpose of presenting the statement. The Mayor thanked Mr. Sohn. 84 V. PUBLIC HEARING 1.RECOVERY OF CITY-INCURREO COSTS OF ABATEMENT OF A PUBLIC NUISANCE LOCATEO AT 17592 AMAGANSET WAY On September 8, [987, City Council set this matter fop public hear- ing to receive protests or objections to the work charges being imposed as an assessment against subject property. Senior Planner Jeff Davis presented the staff report and recom- mendation as contained in the inter-rom dated September 21, 1987, prepared by the Community Development Department. Mayor Edgar opened the public hearing at 7:28 p.m. There were no speakers on the matter, and the public hearing was closed. It was moved by Hoesterey, seconded by Kennedy, to assess the charges of $5,407.30 against the property {AP# 401-033-01) as a special assessment and lien. The City Attorney responded to Mayor Pro Tem Kennedy that Glendale Federal Savings representatives have communicated that they're not at t~is point willing to take any action, hut implied that if the City files legal action, they might also do so. He stated they would probably begin foreclosure on the property since improper maintenance is a default of the trust deed. After further discussion, the motion carried 5-0. 81 In response to Mayor Edgar, the City Attorney stated that mortgage payments have been kept up. Therefore, Glendale Federal may or may not choose to start foreclosure proceedings. Councilman Prescott was in favor of revoking a Certificate of Occu- pancy if one is in force for that residence. However, he was not supportive of forcing the property owner to rehabilitate the inte- rior of same. The Senior Planner reminded Council that it has taken since December, 1985, Sen public nuisance proceedings were initiated, until now to gain compliance. Part of staff's recomendation is to file action against the property owner so that if the property falls back into a state of disrepair, staff will have more expedi- tious ways to handle it. Otherwise, the same problem will continue indefinitely. The Building Official noted that the house has been vacant for a nu~er of years, and electrical power has been disconnected. Active building permits will expire on October 15, 1987, and a Certifica~e of Occupancy will not be issued until the house is habitable. Continual property maintenance is needed, which the City does not see being done. CITY COUNCIL MINUTES Page 3, g-21-87 The Building Official responded to Mayor Pro Tam Kennedy that the Uniform Building Code does provide alternatives, the most drastic being demolition. He added that the house has been boarded up since 1985, it has broken, windows, area children have entered the house to play in it, and tt constitutes a fir~ hazard. Th City Attorney acknowledged that this is a unique situation for the City which has never been encountered before. ~e outlined t~e following choices: i) Oo nothing until the property falls into a state of disrepair again, and repeat the public nuisance abatement and lien pro- readings; 2) File legal action to take further steps to require certain work; and 3) Do nothing. Councilman Hoesterey recmmmnded proceeding with whatever actions ara necessary to return the property to a condition consistent with the surrounding neighborhood. The City has been dealing with this matter for over 2-1/2 years with no spirit of cooperation from the absentee landlord, It was moved by Hoesteray. seconded b~ Edgar, to direct the City Attorney to proceed with an injunction or necessary action to achieve total compliance of the anti re property and insure the protection of the neighborhood. Following a question-and-answer period, the motion carried S-O. 81 VI. PUBLIC INPU~ 1. LOCAL POST OFFICE ZIP COOES , Gerald Feldman. 131gl Wtckshire Lane, spoke on behalf of the Belle- wick Community Association, the homeowners association of Annexa- tion No. 138 area which was annexed in February, 1987. Mr. Feldman reported that the area retained the Santa Ana mailing and 92705 zip code designation after annexation to Tustin. How- ever, Southern California Edison Company addressed all electric bills for subject area to Tustin 92680. Subsequently, the regular mail carrier familiar with the annexation was on vacation, and all th~ bills were stamped "no such address" and returned to Edison. Mr. Feldman requested assistance to minimize problems that occur in having a mailing address different from a physical address. Councilman Prescott requested staff (nqutre on the status of the 92705 Post Office in south Santa Ara, stating that a "for sale" sign is posted on same. - The matter was referred to staff for investigation and report back to Council. 104 Vll. COB.SENT CALENDAR Item No. 3 was removed from the Consent Calendar by Kelly; Kennedy abstained on Item No. 1. It w~s moved by Hoesterey, seconded by Edgar, to approve the remainder of the Consent Calendar. Motion carried 5-0. APPROVAL OF MINUTES - SEPTEMBER 8, 1987, ADdOURNED REGULAR ~ETING {Kennedy abstained.) APPROVAL OF DEMANDS IN THE AMOUNT OF $1,124,661.03 RATIFICATIOII OF PAYROLL IN THE AMOUNT OF $152,051.72 50 CITY COUNCIL MINUI. Page 4, 9-21-87 4. RESOLUTION NO. 87-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF llJSTIN, DETERMINING A~O ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1987-88, IN 'ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA,. AND SECTION 7910 OF THE GOVERNMENT CODE Adopted Resolution No. 87-103 setting the appropriations limit for Fiscal 1987-88 at $1¢,751,425.00 as recommended by the Finance Department. 29 5. AGREEMENT WXTH ORANGE COUNTY CONSOL!DATED TRANSPORTATION SERVICE AGENCY (OCCTSA) Approved subject ag~'eement with 0CCTSA for transportation of senior adults and persons with disabilities in the amount of $5.159.00; and authorized the Mayor and City Clerk to execute same as recommended by Administrative Services. 45 87-43 6. RESOLUTION NO. 87-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESTRUCTION OF CERTAIN PERSONNEL RECORDS (Applications and Testing Materials for Recruit- ments Closed Over Two Years} Adopted Resolution No. 87-102 as recommended by the Administra- tive Services. 79 Consent Calendar Item No. 3 - John Wayne Airport )~onitoring Program - Councilman Kelly was fully supportive and expressed ,pleasure that the City is taking steps to monitor John Wayne Airport to establish proof Of a noise problem. However, he stressed that the safety aspect is of paramount importance. He reported that in conversations with pilots that frequent his shop, they have informed him that there is no visual landing map included in the pilots' handbook for John Wayne Airport. He requested that staff schedule subject item as a regular agenda item. It was moved by Kelly, seconded'by Kennedy, to approve the following: 3. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR NONITORING THE JOHN WAYNE AXRPORT NOISE NONITORING PRO~RAM FOR THE CITY OF llJSTIN Authorized the City Manager to execute subject agreement with J. J. Van Houten & Associates, Inc., for a maximum amount of $16,g10.00 as recommended by the Community Development Depart- ~nt. In response to Mayor Pro Tem Kennedy, staff verified that consultant hourly fees are broken down into minutes, i.e., the City is not charged for a full hour if the consultant provides 5-10 minutes' service. The motion carried 5-0. 45 87-42 VIII. ORDINANCES FOR INTRDDUCT[ON None. ORDINANCES FOR ADOPT[ON None. X. OLO B~INESS None, X[. NEW BUS[MESS 1. TUSTIN JAYCEES' REQUEST FOR TILLER OAYS PARADE A request from Tustln Jaycees for an advance of funds in the total amount of $4,500.00, which requires an additional appropriation of $500 to the approved budgeted amount of $4,000, CITY COUNCIL MINUTES Page 5, g-21-87 Following consideration of the inter-eom dated September 15, 1987, prepared by the Finance Department, it was moved by Hoesterey, sec- onded by Kelly. to: 1) Appropriate an additional $500.00 for t~e Tiller Days Parade; and 2) Authorize immediate disbursement of funds to the Tustin Jaycees in the a~ount of $4,500.00 to cover the cost of the Tiller Days Parade scheduled for October 10, lg87. The motion carried 5-0. 41 XII. REPORTS 1. PLANNING COFNISSION ACTIONS - S£PTE~ER 14, 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 September 14, 1987. Motion carried 5-0. ~ XIIIo ~ BUSINESS 1. REQUI[SI' FOR CLOSED SESSION The City M~nager requested a Closed Session to consider personnel matters pursuant to Government Code Section 54g$7. 2. 'GET ACQUAIRTED' BROCIIURES FOR PROPOSED AgNEXATION AREA RESIDERTS Councilman Kelly requested staff prepare a "get acquainted" bro- chure in anticipation of Annexations 13g, 1¢0 and 141 proposed for the November 3 ballot, 24 3. MONTHLY FINNICIAL REPORT Councilman Kelly requested that staff resume providing the monthly financial reports. The Finance Director stated that upon comple- tion of the audit, staff will resume providing same. 50 4. ACCOLADES TO EHPI.0YEES FOR EXTERDED SERVICE TO THE CITY ~ayor Pro Tem Kennedy expressed regret that she was unable to , attend the annual Employee Awards Banquet. She extended accolades to City Attorney James G. Rourke for 27 years' service. Addi- tionally, she thanked Hugh West, retired Maintenance Superinten- dent, for 20 years' service. She noted that a letter of congratu- lations was received from Florence Kortmeyer. former Deputy City Clerk, acknowledging Mr. West's outstanding service to the City. 84 5. PREsEErATION OF CITY TILE IR.AQUE TO SAXNNI, ALASKA Mayor Pro Tem Kennedy stated that she recently presented a Tustln City ttle plaque to the City Counctl o~ Saxman, Alaska, ~ose members belong to a tribe of Indians famous for totem poles. M 6. 0RNI~ COUNTY VECTOR CORTROL Mayor Pro Tem Kennedy reported that the Orange County Vector Con- trol announced recently that eight wild birds trapped tn Orange County are carrying the western equine encephalitis virus. She requested that the Tustin News print a press release informing the cmm~unity of the matter and requesting that they help clear out any standing water tn the City. 67 7. COI(PLAXNTS RE ~ I~YNE MRPORT t4ayor Pro Tam Kennedy referenced a letter from Mr. George Rebella. , John* ~F~yne Airport Manager, in response to the Knox complaint. Mr. Rebella stated that there was no record of aircraft flying over CITY COUNCIL MINUTEa Page 6, g-21-87 the Tustin area as reported by Mr. Knox according to records at John Wayne Airport and Long Beach. Council expressed concern over the two conflicting reports. The matter was referred to staff for review by the consultant firm of J. J. Van .Houten & Associates, [nc., recently contracted to monitor the John Wayne Airport ~noni- toting program. 101 8. BIRTCHER PROPERTY DEVELOPMENT ON FIRST STREET, SANTA ARA In response to Mayor Pro Tem Kennedy, Mayor Edgar provided clarifi- cation regarding the 8irtcher property development on First Street in Santa Aha. He stated that the completed building is not the subject of the EIR. The EIR requested by Tustin eddresed the expectation that Santa Aha will build two additional buildings, thereby increasing traffic circulation and severely impacting surrounding cities. CalTrans also feels it is essential for Santa Aha to conduct a thorough EIR so that the traffic impact will be understood. When the EIR is forwarded, Tustin will have an opportunity to review and critique same, and take certain steps so that the community will not be adversely impacted. The City Manager added that staff will monitor the EIR very carefully. 81 9. EXCESS[VE POSTING OF PARKING RESTRICTION SIGNS Councilman Hoesterey complained of excessive posting of restricted parking signs along Redhill Avenue and a few other streets. He questioned the need for signs every 50 feet. He requested that staff review the legal requirements for posting signs as opposed to how many are actually up at this poi Mayor Pro Tem Kennedy noted that there is constant violation of large trucks parking along Redhill Avenue in front of the Church on Rodhill. She requested that any additional signs be installed at subject location. 75 10. TRA/JPORTATION Pf~OBLEI~S Councilman Hoesterey reported that at the recent League meeting, the Orange County Super Committee passed out reports on tackling regional transportation problems. He suggested that Council review and be prepared to discuss same at the next meeting, with perhaps a resolution in support of this coordinated~effort. He noted that Mayor Edgar served as Vice Chairman, and commended him for his leadership role. He requested the matter be agendized for the October 7 meeting. 101 11. tIAIN STREET RECONSTRUCTION Councilman Prescott stated he had pictures of complaints to share with the Director of Public Works regarding the Main Street recon- struction project. Overall, the work is beautiful. However, two residents have brought to his attention problems on their.proper- ties with the cement work. 95 1g. WEEO Ai)ATE)IEI~F AT 450 El. CAJ4ING RF.~L Councilman Prescott requested that the property at 450 E1 Camino Real which is owned by the City be cleaned up in time for the 60th Anniversary birthday party on September 27. He suggested that the fence also be removed, which was odginally erected Men Stevens Square was under development. 85 13. Ci)LUI~)US 1USTIN PARK Mayor Edgar felt it is time to proceed in planning for completion of Colun~us Tustin Park. He noted two sources of revenue, one being any excess from the bond issue after the bonds have been paid off (in excess of $20,000). The second source is Revenue Sharing. The County withheld funds (in the vicinity of $35,000) until the McCalla estate was cleared, ~hich is no longer an impediment. CITY COUNCIL MINUTES Page 7, 9-21-87 The Mayor recalled that the former committee's conclusion was that with the amount of land available, both cultural and sports use could not be simultaneous. They recommended construction of a sports facility to compliment already-existing sports activities. He felt Council should accept this direction ~nd commit the facil- ity for youth. He suggested that during the planning phase, it is appropriate to physically separate landscaping from actual building construction.. He suggested that staff: 1) Proceed along these general lines; 2) Reinittate a committee of citizens interested in youth and parks to share in the design, and 3) Proceed expeditiously toward hiring a consultant to design plans. He requested that the matter be agendtzed for the October 7 meet- ing. 77 14. EJ4PLOYE£ MARDS BANQUET The Mayor commended the committee for a Job well done in planntng the annual Employee Awards Banquet. He echoed Mayor Pro Tem Kennedy's accolades to retired Maintenance Superintendent Hugh West~ 79 15. AggEXATIOR NO. 140 Mayor Edgar reported he received a letter from Maureen Holthe, President of La Collna Homeowners' Association, stating that many residents of her condominium complex are anxious to vote on subject annexation, and they feel the lawsuit to halt the annexation from being on the November 3 ballot is superseded. 24 XIV. CLOSED Mayor Edgar announced that the City Council will recess to Closed Ses- sion to consider personnel matters pursuant to Government Code Section 54957. XY. N)dOURNHENT At 8:17 p.m., it was moved by Edgar, seconded by Hoesterey, to recess to the Redevelopment Agency, thence to a Closed Session to consider person- ne1 matters pursuant to Government Code Section 54957; and thence adjourn to the next Adjourned Regular Meeting on Wednesday, October 7, 1987, at 7:00 p.m. C~.I)TY CLERk. MIIIUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF llJSTIN. CALIFORNIA SEPTEMBER 21, 1987 : 1. CALL TO Offi]ER The meeting was called to order at 8:17 p.m. by Chairman Edgar in the City Council ChaSers, 300 Centennial Way, Tustin, California. 2. ROLL CALL Agency Members Present: Richard B. Edgar, Chairman Ursula E. Kennedy, Chairperson Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott Agency Members Absent: None Others Present: William A. Huston, Exec. Director/City Manager James G. Rourke, City Attorney Mary E. Wynn, Recording Secretary Robert Ledendecker, Dir. of Public Works Ronald A. Nault, Einance Director Susan Jones, Recreation Superintendent Captain Foster, Police Department Lloyd Dick, Building Official Jeff Davis, Senior Planner Cheryl Pengue, Planni-ng Technician Approximately 30 in the Audience 3. APPROVAL OF MINUTES - SEPTEt, It, ER 8, 1987, AD,IOURNED REGULAR MEETIN(.~ It was moved ~V, Hoesterey~ seconded by Edgar, to approve the Minutes of the September 1987, Adjourned Regular M~eting. The motion carried 4-0, Kennedy abstained. 4. REDEVEI.OFMENT OEN/UiDS - AUGUST, 1987 A list of Redevelopment Agency Demands for the month of August, 1987. It was moved by Hoesterey, seconded by Edgar, to approve demands in the mount of $562,9Z2.99 for the month of August, 1987, as recon~nended by the Finance Department. Carried 5-0. 60 5.PRELININARY FUND BJU. N(CE PROJECTION - TOWg CENTER RDA DEBT SERVICE A revised fund balance projection as requested by Chairman Edgar on September 8, 1987. As recommended in the inter-corn dated September 15, 1987, prepared by the Finance Department, it was moved by Hoesterey, seconded by Edgar, to receive and file same. The motion carried 5-0. 60 6. SITE PLAiN/DESIGN REVIEW B7-26: COt~4ERCIAJ. CENTER - RESOLUTION NO. RDA · 87-14. Review of site plan and architectural design of a proposed 9,600 square foot retail center submitted on behalf of Colco, Ltd. The staff report and recommendation were presented by Senior Planner Jeff Davis as contained in the inter-corn dated September 21, 1987. The Senior Planner indicated staff would provide a corrected copy of Page 9 of the project plans. Following Agency discussion, it was moved by Kennedy, seconded by Hoestere),, to adopt the following; RESOLOTION NO. RDA 87-14- A RESOLUTION OF TltE COPtMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SITE PLAN AND ARCHITECTURAL DESIGN OF A g,600 SQUARE FOOT RETAIL SHOPPING CENTER TO BE LOCATED ON TH£;NORTHEAST CORNER OF NEWPORT AVENUE AND WALNUT STREET REDEVELOPMENT A~EN(,, ,41NUTES Page 2, 9-21-87 The motion carried 5-0. 60 6. Oll~ER BUSXNESS None. 7. A~IOU~HHEHT ~t was moved b.V Hoestere.v~ seconded by Fdcjar, to adjourn at ~::>3 p.m. to t~e next Adjourn~ Regular Meeting off Wednesday, October 7, 1987. Motion carried 5-0. CHAIRMAN