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HomeMy WebLinkAboutMinutes of Adj. Mtg. 10-07-87 ' ,1NOTES ~ AJ( AI~IOURNil) R~GUi. AR I(~ETII OF ~ CI~ ~UNCXL ~ ~E CITY ~ ~TXR, OCTOBER 7, ~e ~eetJng ~as ca11~ ~o o~der by Hayo~ Edga~ at 7:03 p.m. In the Council Cheers, 300 Centennial Way. The Pledge of Allegiance was by Councilman Prescott, and the Invocation was given by Mayor Edgar. CoUnCilpersons Present: Richa~ B. Edgar, Mayor Ursula E. Kennedy, ~yor Pro T~ Ronald B. Hoesterey John Kelly Earl J. Prescott CoUnci I pe~ons ~sent: None Others Present: William A. Huston, City Manager ' J~es G. Rourke, City Attorney Ma~ E. Wynn, City Clerk ~ristine Shipgleton, C~. Der. Oirector Robert L~endecker, DiP. of Public Works Ronald A. Nault, Finance Director Royleen ~tte, Otr. of C~. & A~in. Srvcs. , Susan ~ones, R~reation Superintendent Captain Wakefield, Police Oepa~ment ~p~ximately 70 in the Audience Hargaret G~tnke peesent~ a preltmtna~ repo~ on the City's . Annlve~ar~ Celebration. In ~no~ of the CtC~'s 60~h ~niversar2 of Incorporation, the ComtCtH present~ eaa Counctlmember Cl~y sea~ ~ch~ glasses as a ~enCo o~ ~he occasion. Ha~or Edgar ~pressed ~csonal ~hanks ~o Ha. aretnke, c~i~ee ~becs,' and the ~rlnes ~o baked ~he anntversac/ cake. Ha~or Edgar acknoNl~g~ the presence of Boy Scours from Troop 342, CtC~ ~ Orange, ~serYlng dmocrac~ tn action. 87-105 $ubJe~ hearing -as an tnfomaCton hea~tng, no~ a pro~es~ hearing, to provide area ~stden~s an ~portuntC2 Co express concerns/vie~ on ~he maCler. The area ts bound~ b~ Fatrhaven Avenue on no~h, Prospec~ Avenue ~ the eas~, ~esent Cl~ limits and San~a Clara on ~he sou~h, and present Cl~ ltmi~s on the ~es~. The area conslsCs of 160 acres, 461 stngle-famtl~ ~tdences, 1,209 regis- '' '"Cern volers, .tlh afl esClma~ populaCt~ o~ 1.713. · ~e scarf r~oa and rec~enda~1on ~em presenl~ b/ the Comunt~? Oevelopm~c 01recCo~ as contained In the Inter-rom da~ed 0ctobec 7, 1987. ~e ~yor noC~ Cha~ ~he area ts pa~tall~ bound~ by ~he , CtC~ ~ Orange along Fairhaven Avenue. 'A~ ~o~ Pro Tm Kenn~/.'s ~ques~, ~he ~yor explatn~ ~he annexa- tion process rot ~e~ or the audience. :~Xoc Edgar open~ the publtc hearing at 7:18 p.m. CXTY COUNCIL MINUTES Page 2, [0-7-87 William Davenport, 13382 Wheeler Place, annexation area resident, spoke in opposition to annexation. Donald Karwelis' 1789[ Allegheney Drive, annexation area resident, stated his neighborhood does not want street lights and desires to retain its country flavor. He al so expressed neighborhood concerns regarding proposed freeways in the vicinity and overhead air traf- fic. Mayor Edgar cited the City's position on annexations and voiced his feellngs on recent court decisions affecting other annexations. He urged citizens with questions on annexations to address them to either him personally or City staff. The Mayor informed Mr. Karwelts on Tusttn's efforts tO solve traffic problems. Ruth Evans, 13051 Malena Drive, annexation area resident, commented that she has received clarification to misunderstandings on the annexation process. She requested that future mailings be distin- guished so that residents do not disregard them as 4th class mail. The Mayor responded to Ms. Evans regarding the procedure for per- sons who vdsh to circulate protest petitions. Wallace Porter, 13231 Fairmont Way, expressed concerns regarding user fee increases and legal notice of public hearings in the news- papers, to which the Mayor responded. don Peters, 13001 Prospect, Santa Ana,'was informed that the prob- able reason for the difference in water rates for his two parcels situated in Tustin and the unincorporated area is the meter size. The Mayor explained to Mr. Peters that annexation petitions were prompted by citizens who feared the consequences of being incorpo- rated into a, new city (North Tustin) with a poor tax base, and pre- ferred annexation-to Tustin. Stanley Ashbaugh, 17802 Rainier Drive, resident of annexation area, spoke in favor of annexation. Dale Trumble, Flint Drive resident, spoke in opposition to annexa- ti on. John IqcKfbben, 13451 Prospect Avenue, resident of annexation area, raised questions to which Mayor Edgar responded. The Mayor noted the advantages of annexation and explained how the tax base sup- ports City services. dean Davenport, [7382 Wheeler Place, resident of annexation area, spoke in opposition to annexation. dudy Karwelis, 1789! Allegheny, resident of annexation area. spoke in favor of annexation. doseph Herztg, 1751 Rainbow Drive, non-resident of annexation area, President of North Tustln Homeowners Corporation, offered his assistance tto annexation opponents. There were no other speakers on the matter, and the public hearing ~aS' c~osed' at 8:12 p.m. Councilman Hoesterey stated that the Local Agency Formation Commis- sion (LAFCO) has in the past conducted advisory elections on mat- [ers of incorporation for certain areas. .Council discussion followed on the possibility of requesting LAFCO conduct a similar advtsory election for the proposed annexation area, Et ~as moved by Ed~ar~ seconded by Kelly, to adopt the following resolution which petitions the Local Agency Formation Commission (LAFCO) to proceed ~th the proposed annexation: RE$OLUTZO# NO. 87-105 - A RESOLUTZON OF THE .CZTY COUNCZL OF THE CITY OF TUSTZN, CALZFORNIA, MAKING APPLICATION FOR THE INHABITED ANNEXATZON OF TERRZTORY KNOWN AS FAZRHAVEN ANNEXATION NO. [44 CITY COUNCIL MINUTES - ge 3, 10-7-87 .In response to Hr. Davenport, the Mayor stated he would attend the · November 4 LAFCO hearing on .subject proposed annexation and present the option of conducting an advisory election in subject area. ,,; The motion carried.5-O. 24 2.- PROPOS~'D ~NE:XATION NO. ].45 - PIIOSPECT AVENUE - RESOLUTION NO. . 87-].06 Subject. hearing ts an Information heartng~ not a protest hearing, to provtde a~a residents an opportunity to express concerns/views on the mat.ter. The area is bounded by current Ctty boundary on the north, west, and south, and Prospect: Avenue on the east. The area ..~..conststs of 53 single-family residences, ].23 registered voters, with an estimated populat.ton of 20].. The staff report and recon~nendatton ~re presented by the C~,~unit.v Development Dtrector as contained tn the Inter-corn dated October 7, ~-~. ~ :~1987,: prep&red by ~e COmaluntt.y Development Department,. AGENDA ORDER - PROCLAMATIO# PRESENTATZONS TO USMC BA~S ,., Counct1. concurred to pause iran the agenda to make the following pre- sen~at.i OhS. .,Margaret G~etnka, Chairperson of the Ctty;s '$Oth Anniversary Celebra- .~ tton~ introduced three of the seven Hartnes who constructed the annl- .versary cake. Staff Sergeant Rodney A. Debolt, Sergeant Raymond A. Champion and Lance Corporal Joseph J. Welker ware present and accepted a proclamation from Mayor Edgar In commendation for their services. They thanked the Counct1. _ 84 ANNEXATTON~ NO. [45 RESOLUT]O# NO. 87-].06 .~ , Council resumed proceedings on subject agenda 1tern. the Mayor opened the publlc hearing at 8:28 p.m. There were no ~speakers on the matter, and the publlc hearing was closed. It ~as moved b~ Hoestere~ seconded bZ Kelly, to adopt the follow- -~Ing which petitions the Local Agency Formation Commission to pro- reed-with the proposed annexation: R£SOLUT]O# NO. 87-].06- A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MAKING APPLICATION FOR THE INHABITED . "ISLAND" ANNEXATION OF TERRITORY KNOWN AS PROSPECT AVENUE ANNEXA- T[ON NO. ].45 The Mayor informed Mayor Pro Tern Kennedy that he would make the ~.t' same tnqutry of LAFCO on November 4 regarding an advisory election .In subject area. The motion carried 5-0. 24 ,.~ f 3,~ PROPO~I) ANNEXATZON NO. ].46 - ].TTH STREET/LAUR]NOA ~Y - RESOLUTION I'-- NO. 87-].07 Subject heartng ~s an information hearing, not a protest hearing, to provlde area residents an opportunity to express concerns/vte~ on the matter. The area is bounded by current City ~tmits on the north and eest, extendln9 to Prospect Avenue northerly of ].7th Street and returning to a potnt easterly of Lauf-tnda Way, and cur- rent City ltmtts on the Nest. The area consists of one preschool, one professional offtce building, ].8 single-family residences, 43 =' -~rogistered v~ers, and an estimated population of 68. · he staff report and recQmmendatton were presented by the C~mmunlty Development Director as contained tn the tnter-cc3m dated October 7, 2987, prepared by the C~.~,.untty Development Department.. CITY COUNCIL MINUTES Page 4, 10-7~87 Mayor Edgar opened the public hearing at 8:29 p.m. There were no speakers on the matter, and the public hearing was closed. It was moved by Hoesterey, seconded by Kelly, to adopt the fellow- ing resolution Which petitions the Local Agency Formation Commis- sion to proceed with the proposed annexation: . RESOLUTION NO. 87-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, C~LIFORNIA, MAKING APPLICATION FOR THE INHABITED "ISLANO" ANNEXATION OF TERRITORY KNOWN AS 17TH STREET/LAURINDA WAY ANNEXATION NO, 146 Mayor Edgar reiterated that he would make the same inquiry of LAFCO on November ¢ regarding an advisory election in subject area. The motion carried 5-0. 24 4. FORMATION OF UNOERGROUND UTILITY DISTRICT NO. 9, FIRST STREET BETWEEN PROSPECT AVENUE AND NEWPORT AVENUE - RESOLUTION NO. 87-118 A public hearing to consider fo~ation of an underground utility district on First Street which would remove 20 wood utility poles and 17 obsolete metal street light poles and install 18 new marbel- ire street light poles at a cost to the City of $1,000.00, The Director of Public Works presented the staff report and recom- mendation as contained in the inter-rom dated September 2g, 1987, prepared by the Public Works Department/Engineering Division. The Director responded to Council questions Mayor Edgar opened the public hearing at 8:34 p.m. . , . Terry Soley, representing American Cablesystems, stated they. would be happy to cooperate with the City, Edison, and Pacific Bell in coordinating the undergrounding of overhead facilities. , Mr. Soley responded to Mayor Edgar that he would obtain a date for completion of the cable undergroundtng on Newport Avenue. Council'members complimented American Cablesystems on their program- ming of local events. There were,no,other speakers on the matter, and the pubic hearing was closed at 8:36 p.m.' It was.moved by Kennedy! seconded by Kelly, to: l) , Receive the City Engineer's Report dated September la, 1987; 2) Adopt the following; and RESOLUI'ION NO. B7-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY OISTRICT NO. g, FIRST STREET, AND ORDERING THE CONVERSION 4) Defer to the Redevelopment Agency to authorize a supplemental appropriation in the amount of $1,000 at its October 19'. 1987, meet t nM. ,, Carried 5-0. . 104 V. PUBLIC INPUT 1. COMIq. XMEMT$ TO CITY COUNCIL ON CONDUCT OF ~ETINGS Doug. Chapman, 13252 Fairmont Way, thanked the Council for the man- ner in which they conduct the annexation proposals, and the way staff conducts business. CITY COUNCIL MINUTES '~ge 5, 10-7-87 NORTH ~JSTIR HOMEOWNERS CORPORATION '~,, Joseph Herztg, 1751 Rainbow Drive, was informed that items which he ~':. addressed would be considered by City Council in the regular agenda ,-,.. order. Mr. Herzig was requested to reserve his. co~ents for the · ,~ appropriate time of dlcusslon on each item. ,ACOUSTICS IN COU#CIL CILA~BERS F--* ~ Helen Edgar requested that the speakeri in the back of the Chambers ! ., ~,~.'~ be connected and that persons addressing the Council speak directly *,, into the podium microphone so that those in the audience could hear w~at is being discussed. RECESS - CLOSED SESSION RECONVENED -*,. ,.,iAi 8:42 p.m.. the Mayor announced that the City Council would recess to ...~ .,:a Closed Session pursuant to GoVernment Code Section 54955.9(a) to con- ,, far with the City Attorney regarding pending litigation. The meeting was reconvened at g:11~'p.m, with all Council members present. i V! ~ CONSENT CALENDAR Items No. 7, 8 and 9 were removed from the Consent Calendar by Edgar. It was moved b), Kellyr seconded by Hoesterey, to approve the remainder .of the Consent Calendar. The motion carried 5-0. '11. ~mRovAL OF mMUTES - SEPTEmER 21, 1~7, REGULAR <ETING 2. APPROVAL OF OEHANOS IN THE AMOUNT OF $1,114,399.87 , RATIFICATIO# OF PAYROLL IN THE AMOUNT OF $152,780.94 50 3. ~ES(~.UTIOiI ND. 87-108- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN. CALIFORNIA. CONFIRMING THE APPLICATION OF THE , .... MASTER PROPERTY TAX TRANSFER AGREEMENT TO THE PROPOSED FAIRHAVEN :,,, ,~' ANNEXATION NO. 144 Adopt Resolution No. 87-108 as recommended by the Community Development Department. 24 ', 4, RESOLUTION ND. 87-109- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE APPLICATION OF THE MASTER PROPERTY TAX TRANSFER AGREEMENT TO THE PROPOSED PROSPECT : !: AVENUE ANNEXATION NO. 145 ;, ,~ Adopt Resolution No. 87-109 as recon~nended by the Community ,.. Development Department. 24 : 5.' RESOLUTION ND. 87-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE APPLICATION OF THE MASTER PROPERTY TAX TRANSFER AGREEMENT TO THE PROPOSEO SEVENTEENTH .... STREET/LAURINOA WAY ANNEXATION NO. 146 : .' Adopt Resolution No. 87-110 as, recon~ended by the Community -,, '; , Development Department. 24 G. RESOLUTION NO. 87-117- A RESOLUTION OF THE CITY COUNCIL OF THE , ..:, .CITY OF, llJSTIN. AUTHORIZING A SIGN CODE EXCEPTION FOR RICOH ELEC- h. TRONICS FOR THE PURPOSES OF OISPLAYING A 2C-SQUARE-FOOT CORPORATE LOGO FLAG AT 1100 VALENCIA Adopt Resolution No. 87-117 as recommended by the Community -.-~ '~, Development Department. 93 , ~, *~ 10. RESOLUTION NO. 87-104- A RESOLUTION OF THE CITY COUNCIL OF THE .., ~;.. CI,TY OF 1USTIN, CALIFORNIA, ESTABLISHING REVISED OOG LICENSE FEES Adopt Resolution No. 87-104 as proposed by the Orange County Oepartment of Animal Control, and as reconeended by the -o:;. ~ ~ .Community Oevelopment Department. 23 CITY COUNCIL MINUTES Page 6, 10-7-87 . 11. SURPLUS EOUIPMENT - POLTCE DEPN~T)IENT & Sll~EET DIVISION Declare the following equipment as surplus to be sold at auc- tion; two 1982 Chevrolet Impalas; three lg84 Chevrolet Impalas; one 1982 Oldsmobile Cutlass; and one 1973 Chevrolet C30 Flat Bed Truck as recommended by the Public Works. Department/Field Services Division. 87 12. EAST TUSTIN ASSESSMENT DISTRICT NO. 85-1 - PROJECT NO. 4, JNNBOREE ROAD (FOR~4ERLY ~YFORD ROAD) IMPROt/~MENTS Amend the Notice to Contractors to revise the bid opening date from October 13, 1987, to October Z7, 1987, for subject project untt1 appreval of CalTrans, County of Orange, and City of Irvine have been confirmed as recommended by the Public Works Department/Engineering Division. 25 13. COUNTY SANITATION DISTRICT NO. 7 -GROUNOWATER STUDY Support the Sanitation District's interest in completing a study that will provide information relative to the amounts of wastewater discharged into the ground; where it drains; deter- mining benefits of imposed connections; and the costs of sewer- lng the unsewered areas as recommended by the Public Works Department/Engineering Divisiop. 107 14. SURPLUS EQUTPMENT - CXTY CLERK'S OFFICE Declare the equipment listed on "Exhibit A" attached to subject report as surplus to be sold at auct'~on as recommended by the City Clerk's Office. 87 Cmsent Calendar Item No. 7 - Tentative Tract Map go. 12870 - The Com- munity Development Director presented the staff report and recommenda- tion as contained in the Inter-rom dated October 7, 1987, prepared by the Community Development Department. She noted that the wall displays indicate tract boundaries and conceptual drawings. She summarized the major highlights of the project. Mayor Edgar noted that these items have the legal authority to be on Conse~ Calendar and are not subject to public hearing although he was prepa~ to hear public testimony on same. It was moved by Kennedy~ seconded by Hoesterey, to adopt the following as recommended by the Planning Commission and Community Development Department: 7. RESOLUTION NOD 87-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING APPROVAL OF TENTATIVE TRACT MAP NO, 12870 (SECTORS7, 8 AND.9- EAST TUSTIN SPECIFIC PLAN) RESOLUTION NO. 87-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, FINOING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS ADEQUATE TO SERVE AS THE PROGRA~ EIR FOR TENTATIVE TRACT MAP 12870 AND ALL FEASIBLE MITIGA- TION MEASURES HAVE BEEN INCORPORATED AS~REQUIRED BY THE CALIFORNIA ENVIRONMENTAL 'QUALITY:ACT Joseph Nerztg. North Tusttn Homeowners Corporation, requested denial of subject tract map as contained in his letter dated October 7, 1987. Mr. Herzig e~pressed concerns regarding the East Tustin Specific Plan EIR which was approved by City Council in March, 1986. Charles Scolasttco, Attorney at Parker & Covert, 1go1 E, 4th Street, Santa, Aha, representing, the Tusttn Unified School District, voiced con- cerns as contained in his letter dated October 7, 1987. Ter~ Soley, Assistant Vice President of Development, American Cable- systems, 1~15 Redhtll Avenue, stated that they have been unsuccessful with The Irvine Compeny in negotiations for the opportunity to-install c~lw.televtston in East. Tusttn public utility easements, and refer- enced~,correspondence to that effect. Mr. Soley requested that American Cablesystem be given equal access to service East Tustin residents as given to Community Cablevision. Con- sequently, if Community Cablevtston desires to service other portions · CITY COUNCIL MINUTES ~age 7, 10-7-87 of Tusttn they currently are not licensed to serve, ~erlcan Cable- systems is willing to provide them equal access under the same terms and conditions they must live up to. The City Attorney and City Manager responded they had not seen the 'October 2 correspondence Mr. Soley referenced. Discussion ensued between staff and Mr. Soley regarding cmeunications on the issue. 'Mr. Soley apoiogized for any flaws in communication. Council discussion followed. Mayor Pro Tem Kennedy requested that the matter be agendized for the October 19 meeting. The 'motion Carried 5-0 to adopt Resolutions No. 87-11! and Resolution NO. 87-11Z. gg Cmsent Calendar Item No. 8 and Consent Calendar Item No. g - Tentative Tract Map NO. 13030 and Tentative Tract Map No. 13038. respectively - !,t was moved by Hoesterey~ seconded by Kennedy, to adopt the following: 8. RESOLUTION'NO. 87-113- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE TRACT MAP NO. 13030 (RANCHO MADERAS APARTMENTS) '" RES(~UTZON NO. 87-114- A RESOLU~ION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, FINOING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN'"IS* ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 13030 AND ALL FEASIBLE MITIGA- TION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 9. RESOLUTXON NO. 87-115- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE TRACT MAP NO. 13038 (RANCHO ROBLES APARTMENTS) RESOLUTION NO. 87-116- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, FINOING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS AOEQUATE TO SERVE RS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 13038 ANO ALL FEASIBLE MITIGA- TION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ~)oseph Nerzlg, North Tustln Homeowners Corporation, requested denial of subject tract maps as contained in his letters dated October 7, 1987. Charles Scolasttco, representing the Tusttn Unified School District, ' voiced objection regarding Finding "G" of Resolutions No. 87-113 and iND. 87-115 and requested deletton of same. Mr. Scolastfco expressed concern regarding the financing of noise attenuation during school con- ' structlon because' of the proximity of the Browning Corridor flight path. ,The Community Oevelopment Oirector responded that noise attenuation was .not an initial concern. Staff has received from the USMC a number of mitigation measures that have been included in tract map conditions. She noted that the proposed school sites are beyond the two-mile limit and weuld not be reviewed by either the Department of Education or Department of Transportation Aeronautics Division prior to site acqui- sition. The State Education Cede deals with proposed school sites near the airport, and does not contain a mandate for the particular noise attenuation Mr. Scolasttco mentioned. Staff thinks the issues have been adequately addressed. :M~. Scolastico rebutted the Community Development Otrector's coneents. KLvin Pohlson, Project Manager, Irvine Pacific Development Company, responded that Mr. Herzig's comments were addressed in the East Tustin Specific Plan and are being adhered to accordingly. The Community Development Oirector responded to Mayor Pro Tem Kennedy's concern regarding affordable housing. Staff feels the matter of future conversion of apartments to condominiums has been adequately addressed in the Conditions of Approval. CITY COUNCIL MINUTES Page 8,, 10-,7787, ' r Mayor Pro Tem Kennedy stated that Tustin already has its share of affordable housing in apartment stock. She wanted assurance that the City will not have to provide more high-density affordable apartment housing if the project is converted to condominiums and sold. The Com- munity Development Director responded that affordable housing does not necessarily have to be provided at the apartment project level. There's a variety of alternatives in deallng with the issue of afford- able housing. The number of apartments (25%) allowed for the East Tustin Specific Plan (ETSP) will not be increased if converted to condomi ni ums. In response to Mr, Herzig, Kevin Pohlson stated there is no definite time line for conversion of apartments to condominiums. , . Irvine :PacifiC's interest 'is adherence to the ETSP on affordability. The Community Development Director responded to Councilman Prescott that on the recommendation of the City Engineer, a notation has been added on the maps showing public utility access for cable television by either' company. There is no provision for on-site which is private property because there are no public easements that indicate additional notations should be provided. Mike ElliS, l~e Irvine Company, reque$:ed clarification on the finding to be included as part of approval. The Mayor noted that correspondence and comments will be included as testimony, .but Council approval is based on:findings as presented, by ' 'I'Istaff"' i "~ The motion carried 5'0. .... : 99 VII. ' OROINANCES'FOR INTROOUCTION None. VIII. OI~INANCE FOR ADOPTION 1. OR~Y 01~)I~ NO. 994 - BRANDISHING OF REPt. I~A FIREARMS A proposed urgency ordinance for use as an interim enforcement tool for officers in incidents regarding the brandishment or threatening display of' replica firearms until Assembly Bill 295 becomes effec- tive on January 1, 1988; It w~s moved by Kenned~r seconded by Edgar, that Ordinance No. 994 have first reading by title only. Motion carried B-O. Following first reading by title only of Ordinance No. 994 by the City Clerk, it was moved by Kennedy~ seconded by Edgar, that Ordinance No. gM4 be'introduced as follows: ORDXNMI~E NO. ~ - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 6~02 TO OHAPTER 2 OF ARTICLE 6 OF THE TUSTIN CITY CODE REGARDING THE BRANDISHING OR THREATENING DISPLAY OF REPLICA FIREARMS CounCilman Noesterey felt this was redundant legislation. Captain Wakefield.responded to Council questions. The motioh~arrted 3-2; Hoes;terey and Prescott opposed. 82 Counctl debate followed. The Mayor noted that since a four-fifths vote was not achieved, subject Ordinance would be agendized on October Xg for second reading and adoption as a regular ordinance. OLD BU~I~_$_~ ' '~'iL~:;~ ,, :,~ ' , CITY COUNCIL MINUTES Pane g, 10-7-87 X. NEW BUSINESS [. COLUMBUS 1USTIN ~ ~ASE 2 A request to continue subject ttm due to staff's heavy workload on community events. As recommended in the tnter-com dated September 30, lg87, prepared by the Administrative Services Department, it was moved_~ Hoesterey~ seconded by Kelly, to continue subject item to October 19, lg87. The motion carried 5-0. 77 2. AWARD OF Cl)MTRACT FOR CDIISTEUCTION OF SB 82! S[DEWALI~S & WIIEELCtlAIR RA~PS P~IECT Bids were opened on September 29, 1987, as follows: B-1 Enterprise Corp. Rancho Cucamonga $39,162.50 Bruce Pavtng Company, Inc., Gardena $39,822.00 R. A. Snyder, Inc., Tusttn $50,013.75 Nobest, Inc., Westminster $53,115.00 The low bid is 22.4% over the Engineer's estimate of $31,g99.60. Staff proposes eliminating 9 of 17 proposed wheelchair ramps to meet budgeted funds, with concurrence of the low bidder. It was moved by Hoestereyr seconded by Kelly, to award subject con- tract to 8-1 Enterprise Corp., Rancho Cucamonga, in the amount of $39,162.50; and authorize staff to eliminate nine wheelchair ramps to meet budgeted funds of $33,800.00 as recommended by the Public Works Department/Engineering Division in the inter-com dated September 30, 1987. Carried 5-0. 92 · 3. A~ARD OF CONTRACT FOR WATER MAIN RELOCATION & REPtACEMENT, LA POSADA APARTMENTS O# NEDALL[ON AVENUE Bids.were opened on September 19, 1987, as follows: Spear Pipeline, Orange $22,997.29 Wilson Equipment Rental, Inc., Ontario $32.946.50 La Peer Co., Inc., Santa Fe Springs $36,366.00 The low bid is 13% above the Engineer's estimate of $20,385.00. Staff proposes a supplemental appropriation for subject project. Pursuant to the recommendation contained in the inter-com dated September 2g, 1987, prepared by the Public Works Department, Engi- neering Dtvision~ it was moved by Hoestereyt seconded by Kelly, to award subject contract to Spear Pipeline Construction, Orange, in the amount of $~2,997.29; and increase previously approved supple- mental budget appropriation of $20,385 to $24,~50 from Water Fund Reserve to provide interim funding for construction costs (includes 5% increase above low bid to cover any contingeecy costs which may rise during construction). The motion carried 5-0. 107 4. SUPER COMt4ITTEE TRANSPORTATION REPORT Councilman Hoesterey requested subject item be agendized for Coun- cil consideration. It was moved by £dgar, seconded by Hoesterey, to approve the Super Committee Transportation report and send a letter of endorsement for same. Council discussion followed regarding the Super Committee's report pertaining to methods of travel other than by car and gasoline ,, sales tax. The motion carried 5-0. 101 CITY COUNCIL MINUTES Page 10,-10-7-87 XI. REPORTS 1. PLANNING COMMISSION ACTIONS - SEPTEI~iER 28, 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 Plan- ning Commission Action Agenda of September 28, 1987. The motion carried 5-0. 80 2. JOHll .WAYNE AIRPOI~T NOISE NONITORI#G PROGR/U~/B~ING 757 - UP~)AllE An ongoing:status report on the John Wayne Airport Noise Monitoring Program as requested by Councilman Kelly. It was moved by Hoesterey~ seconded by Kelly, to receive and file subject report dated October 7, 1987, prepared by the Community Development Department. Mayor Pro Tem Kennedy requested that Mr. Knox be referred to the newly-appointed consultant. The Community Development Director responded that Mr. Van Houten (conSultant) has been given a copy of Mr. Knox's letter, and been asked.to make contact and schedule an interview. The motion carried 5-0. 101 3. %NFOR~IATIONAJ. R~PORT - I~%M ~TREEI' SXOEW/U. IC & DRIVEWAY REPtACEMENT A response to concerns raised by Councilman Prescott at the September Z1 meeting regarding the Main Street Reconstruction Project. It was moved by Hoesterey~ seconded by Kelly, to receive and file subject report dated September 29, 1987, prepared by the Public Works Department/Engineering Division. Carried 5-0. 92 4. AI~JUi/UISEI' WAY TRAFFIC CONCERRS - %NFORI~ATIORAL ~PORT A report from the City's Consultant Traffic Engineer recommending implementation of certain actions/corrections regarding traffic on Amaganset between Yorba and Prospect, Following consideration of the Inter-rom dated September 29, lg87, prepared by the, Public Works Department/Engineering Division, it was moved by Hoesterey, seconded by Kelly, to receive and file same. Motion carried 5-0. 100 5. INlfF_S~I~ENT SOIEOULE AS OF_SE.PTEI~BER 30, 1987 A report listing various investment schedules, for the City and Redevelopment Agency,with maturities ,12 months or less and in · ' excess of 12 months. It was.moved by Hoesterey~ seconded by Kelly, to receive and file subject, report dated October 1, kg87, prepared by the Finance Department. The motion carried 5-0. 50 XXI. OTHER 1. CITY'S DISASTER PREPAREDNESS PLAN Council concurred with Mayor Pro Tem Kennedy's request to review the City's Disaster Preparedness Plan and to delegate her as the official representative to conduct such a review. 103 2.' HAZARDOUS ~TERIALS ORDINANCE Councilman Hoesterey stated that when the Hazardous Materials Ordi- nance was e~acted by Council in September, 1986, the Orange County Fire Department was to report back on cost mechanisms, effective- ness, etc., of the program.