Loading...
HomeMy WebLinkAboutCC 1 MINUTES 10-17-87MINU,~S OF AN ADJOURNED REGULAR OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA OCTOBER 7, 1987 CALL 10'ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Edgar at 7:03 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 Edgar. II. ROLL CALL Councilpersons. Present: CounCilpersons Absent: Others Present: III. SPECIAL PRESENTATION IV. Richard B. Edgar,.Mayom Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott None William A. Huston, City Manager James G. Rourke, City Attorney . Mary E. Wynn, City Clerk Christine Shingleton, Com. Dev. Director Robert Ledendecker, Dir. of Public Works Ronald A. Nault, Finance Director Royleen White, Dir. of Com. & Admin. Srvcs. Susan Jones, Recreation Superintendent Captain Wakefield, Police Department Approximately 70 in the Audience PRELIMINARY REPORT ON CITY'S 60TH ANNIVERSARY CELEBRATION BY COM- MITTEE CHAIRPERSON MARGA,RET GREINKE Margaret Greinke presented a preliminary report on the City's 60th Anniversary Celebration. In honor of the City's 60th Anniversary of Incorporation, the Committee presented each Councilmember with City seal etched glasses as a memento of the occasion. Mayor Edgar expressed personal thanks to Mrs. Greinke, committee members, and the Marines who baked the anniversary cake. 84 2. ATTENDANCE BY BOY SCOUT ll~OOP NO. 342, CITY OF OPO~NGE Mayor Edgar acknowledged the presence of Boy Scouts from Troop 342, City of Orange, observing democracy in action. PUBLIC HEAJ~INGS 1. PROPOSED ANNEXATION NO. 1~ - FAIRHAVEN AVENUE - RESOLUTION NO. 87-105 Subject hearing was an information hearing, not a ~r'otest hearing, to provide area residents an opportunity to express concerns/views on the matter. The area is bounded by Fairhaven Avenue on the north, Prospect Avenue on the east, present City limits and Santa Clara on the south, and present City limits on the west. The ~rea consists of 160 acres, 451 single-family residences, 1,209 regis- tered voters, with an estimated population of 1,713. The staff report and recommendation were presented by the Community Development Director as contained in the inter-com dated October 7, 1987. The Mayor noted that the area is partially bounded by the City of Orange along Fairhaven Avenue. At Mayor Pro Tem Kennedy's request, the Mayor expTained the annexa- tion process for members of the audience. Mayor Edgar opened the public hearing at 7:1'8 p.m. CITY COUNCIL MINUTES Page 2, 10-7-87 William Davenport, 13382 Wheeler Place, annexation area resident, spoke in opposition to annexation. Donald Karwelis, 17891 Allegheney Drive, annexation area resident, stated his neighborhood does not want street lights and desires to retain its country flavor. He also expressed neighborhood-'Concern~ regarding proposed freeways in the vicinity and overhea~ air traf- fic. Mayor Edgar cited the City's position on annexations and~voiced his feelings on recent, court decisions affecting other annexations. He urged citizens with questions on annexations to address~- them to either him personally or City staff. T. he Mayor informed Mr. Karwelis on Tustin's efforts to solve traffic problems. Ruth Evans, 13051Malena 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 procedur6 for per- sons who wish 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. Jon 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- tion. John McKibben, 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. Jean Davenport, 17382 Wheeler Place, resident of annexation area, spoke in opposition to annexation. Judy Karwelis, 17891 Allegheny, resident of annexation area, spo~e in favor of annexation. Joseph Herzig, 1751 Rainbow Drive, non-resident of annexation area, President of North Tustin Homeowners Corporation, offered his assistance~to annexation opponents. There were no other speakers on the matter, and the public hearing Was closed at 8:12 p.m. C~uncilman Hoesterey s~ated that the Local Agency Formation Commis- sion (LAFCO) has in the past conducted advisory elections on mat- ters of incorPoration for certain areas. Council discussion followed on the possibility of requesting LAFCO conduct a similar advisory election for the proposed annexation area. It was moved by Edgar, seconded by Kelly, to adopt the following resolution wh'ich petitions the Local Agency Formation Commission (LAFCO) to proceed with the proposed annexation: RESOLUTION NO. 87-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MAKING APPLICATION FOR THE INHABITED ANNEXATION OF TERRITORY KNOWN /kS FAIRHAVEN ANNEXATION NO. 144 CITY COUNCIL MINUTES ~age 3,~10-7~87 ~ ..~ In response to Mr. 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. PROPOSED ANNEXATION NO. 145 - PROSPECT AVENUE - RESOLUTION NO. 87-106 Subject hearing is an information hearing, not a protest hearing, to provide area residents an opportunity to express concerns/views on the matter. The area is bounded by current City boundary on the north, west, and south, and Prospect Avenue on the east. The area consists of 53 single-family residences, 123 registered voters, with an estimated population of 201. The staff report and recommendation were presented by the Community Development Director as contained in the inter-com dated October 7, .... :1987, prepared by the Community Development Department. AGENDA ORDER - PROCLAMATION PRESENTATIONS TO USNC BAKERS Council concurred to pause from the agenda to make the following pre- sen~at~ons. Margaret Greinke, Chairperson of the City's 60th Anniversarx Celebra- tion, introduced three of the seven Marines who constructed the anni- versary cake. Staff Sergeant Rodney A. Debolt, Sergeant Raymond A. Champion and Lance Corporal Joseph J. Welker were present and accepted a proclamation from Mayor Edgar in commendation for their services. They thanked the Council. 84 ANNEXJ~T,ION:INO. 145 PROSPECT AVENUE RESOLUTION NO. 87-106 Council resumed proceedings on subject agenda item. The Mayor opened the public hearing at 8:28 p.m. There were no speakers on the matter, and the public hearing was closed. It was moved by Hoestere~, seconded by Kelly, to adopt the follow- ing which petitions the Local Agency Formation Commission to pro- ceed with the proposed annexation: RESOLUTION NO. 87-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MAKING APPLICATION FOR THE INHABITED "ISLAND" ANNEXATION OF TERRITORY KNOWN AS PROSPECT AVENUE ANNEXA- 'TION NO. 145 The Mayor informed Mayor Pro Tem Kennedy that he would make the same inquiry of LAFCO on November 4'regarding an advisory election in subject area. The motion carried 5-0. 24 I 3.~ PROPOSED ANNEXATION NO. 146 - 17TH STREET/LAURINOA WAY - RESOLUTION NO. ' 87-107 Subject hearing is an information hearing, not- a'protest hearing, to provide area residents an opportunity to express cdncerns/views on the matter. The area is bounded by current City limits on the north and east, extending to Prospect Avenue northerly of 17th Street and returning to a point easterly of Laurinda Way, and cur- rent City limits on the west. The area consists of one preschool, one professional office building, 18 single-family residences, 43 registered voters, and an estimated population of 68. The staff report and recommendation were presented, by the Community Development Director as contained in the inter-com dated October 7, 1987, prepared by the Community Development Department. CITY COUNCIL MINUTES Page 4, 10-7,87 Mayor Edgar opened the public hearing at 8:29 pom. There were no speakers on the matter, and the public hearing was closed. It was moved by Hoesterey, seconded by Kelly, to adopt the follow- 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, CALIFORNIA, MAKING APPLICATION FOR THE INHABITED "ISLAND" 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 4 Kegarding an advisory election in subject area. The motion carried 5-0. 24 FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 9, FIRST STREET BETWEEN PROSPECT AVENUE AND NEWPORT AVENUE - RESOLUTION NO. 87-118 A public hearing to consider formation 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- ite 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-com dated SeptembeP'29, 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 undergrounding on Newport Avenue. Councilmembers 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: 1) 2) 4) Receive the City Engineer's Report dated September 14, 1987; Adopt the following; and RESOLUTION NO. 87-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 9, FIRST STREET, AND ORDERING THE CONVERSION Defer to the Redevelopment Agency to authorize a supplemental appropriation in the amount of $1,000 at its October 19~, 1987, meeting. Carried 5-0. 104 PUBLIC INPUT 1. COMPLIMENTS 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 Page 5, 10-7-87 NORTH TUSTIN NOMEOWNERS CORPORATION Joseph Herzig, 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 comments for the appropriate time of dicussion on each item. '3. ACOUSTICS IN COUNCIL CHAMBERS Helen Edgar requested that the speakers 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 what is being discussed. RECESS - CLOSED SESSION RECONVENED ~At 8:42 p.m., the Mayor announced that the City Council would recess to :a Closed Session pursuant to Government Code Section 54956.9(a) to con- fer with the City Attorney regarding pending litigation. The meeting was reconvened at 9:11 p.m. with all Council members present. VI. CONSENT CALENDAR Items No. 7, 8 and 9 were removed from the Consent Calendar by Edgar. It was moved by Kelly, .seconded by Hoesterey, to approve the remainder of the Consent Calendar. The motion carried 5-0. m 10. APPROVAL OF MINUTES - SEPTEMBER 21, 1987, REGULAR MEETING APPROVAL OF DEMANDS IN THE AMOUNT OF $1,114,399.87 RATIFICATION OF PAYROLL IN THE AMOUNT OF $152,780.94 5O RESOLUTION NO. 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 RESOLUTION NO. 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 recommended by the Community Development Department. 24 RESOLUTION NO. 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 PROPOSED SEVENTEENTH STREET/LAURINDA WAY ANNEXATION NO. 146 Adopt Resolution No. 87-110 as recommended by the Community Development Department. 24 RESOLUTION NO. 87-117 - A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF TUSTIN, AUTHORIZING A SIGN CODE EXCEPTION FOR RICOH ELEC- TRONICS FOR THE PURPOSES OF DISPLAYING A 24-SQUARE-FOOT CORPORATE LOGO FLAG AT IlO0 VALENCIA Adopt Resolution No. 87-Ii7 as recommended by the Community Development Department. 93 RESOLUTION NO. 87-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING REVISED DOG LICENSE FEES Adopt Resolution No. 87-104 as proposed by the Orange County Department of Animal Control, and as recommended by the Community Development Department. 23 CITY COUNCIL MINUTES Page 6, 10-7-87 11. 12. 13. 14. SURPLUS EQUIPMENT - POLICE DEPARTMENT & STREET DIVISION Declare the following equipment as surplus to be sold at auc- tion; two 1982 Chevrolet Impalas; three 1984 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 EAST TUSTIN ASSESSMENT DISTRICT NO. 85-1 - PROJECT NO. 4, JAMBOREE ROAD (FORMERLY MYFORD ROAD) IMPROVEMENTS Amend the Notice to Contractors to revise the bid opening date from October 13, 1987, to October 27, 1987, for subject project until approval of CalTrans, County of Orange, and City of Irvine have been confirmed as recommended by the Public Works Department/Engineering Division. 25 COUNTY SANITATION DISTRICT NO. 7 - GROUNDWATER STUDY - ~' '~'~); Support the Sanitation District's interest in completihg~: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- ing the unsewered areas as recommended by the Public Works Department/Engineering Division. 107 SURPLUS EQUIPMENT - CITY CLERK'S OFFICE ~ Declare the equipment listed on "Exhibit A" attached to subject report as surplus to be sold at auction as recommended by the City Clerk's Office. 87 Consent Calendar Item No. 7 - Tentative Tract Map No. 12870 - The Com- munity Development Director presented the staff report and recommenda- tion as contained in the inter-com dated October 7, 1987, prepared by the Community Development Department. She noted that the wall displays indicate tract boundaries and conceptual drawings. She sun~nari.zed the major highlights of the project. Mayor Edgar noted that these items have the legal authority to be on Consent Calendar and are not subject to public hearing although he was prepared to hear public testimony on same. .~ It was moved by Kennedy, seconded by Hoesterey, to adopt the following as recon~ended by the Planning Commission and Community Development Department: RESOLUTION NO. 87-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING APPROVAL OF TENTATIVE TRACT MAP NOj 12870 (SECTORS 7, 8 AND 9 - EAST TUSTIN SPECIFIC PLAN) RESOLUTION NO. 87-112 - A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF TUSTIN, FINDING 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 12870 AND ALL FEASIBLE MITIGA- TION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CAbIFORNIA ENVIRONMENTAL QUALITY ACT Joseph Herzig, North TustinHomeowners Corporation, requested denial of subject tract map as contained in his letter dated October 7, 1987. Mr. Herzig expressed concerns regarding the East Tustin Specific Plan EIR which was approved by City Council in March, 1986. Charles Scolastico, Attorney at Parker & Covert, 1901 E. 4th Street, Santa Aha, representing the Tustin Unified School District, voiced con- cerns as contained in his letter dated October 7, 1987. Terry Soley, Assistant Vice President of Development, American Cable- systems, 13816 Redhill Avenue, stated that they have been unsuccessful with The Irvine Company in negotiations for the opportunity to-install cable television in East Tustin public utility easements~ and refer- enced correspondence to that effect. Mr. Sol ey requested that American Cablesystems be given equal access to service East Tustin residents as given to Community Cablevision. Con- sequently, if Community Cablevision desires to service other portions CITY COUNCIL MINUTES Page 7, 10-7-87 of Tustin they currently are not licensed to serve, American 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 ~taff and Mr. ~oley regarding communication~ on the i~ue. Mr. Sol ey apologized 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 N~. 87-111 and Resolution No. 87-112. 99 Consent Calendar Item No. 8 and Consent Calendar Item No. 9 - Tentative Tract Map No. 13030 and Tentative Tract Map No. 13038, respectively - It was moved by Hoesterey, seconded by Kennedy, to adopt the following: e e RESOLUTION NO. 87-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE TRACT MAP NO. 13030 (RANCHO MADERAS APARTMENTS) RESOLUTION NO. 87-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, FINDING 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 RESOLUTION 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, FINDING 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 13038 AND ALL FEASIBLE MITIGA- TION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Joseph Herzig, North Tustin Homeowners Corporation, requested denial of subject tract maps as contained in his letters dated October 7, 1987. Charles Scolastico, representing the Tustin Unified School District, voiced objection regarding Finding "G" of Resolutions No. 87-113 and No. 87-115 and requested deletion of same. Mr. Scolastico expressed concern regarding the financing of noise attenuation during school con- struction because of the proximity of the Browning Corridor flight path. The Community Development Director 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 would not be reviewed by either the Department of Education or Department of Transportation Aeronautics Division prior to site acqui- sition. The State Education Code deals with proposed school sites near the airport, and does not contain a mandate for the particular noise attenuation Mr. Scolastico mentioned. Staff thinks the issues have been adequately addressed. ~r. Scolastico rebutted the Community Development Director's comments. Kevin Pohlson, Project Manager, Irvine Pacific Development Company, responded that Mr. Herzig's comnients were addressed in the East Tustin Specific Plan and are being adhered to accordingly. The Community Development Director 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, 10-7-87 VII. Mayor Pro Tem Kennedy stated that Tustin already has its s.~are 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 dealing with the issue of afford- able housing. The number of apartments (25%) a~lowed for the East Tustin Specific Plan (ETSP) will not be increased if converted to condominiums. ~... In response to Mr~ Herzig, Kevin Pohlson stated there is 'no ~'efinite time line Yor 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, The Irvine Company, requested 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 staff. The motion carried 5-0. 99 ORDINANCES FOR INTRODUCTION None. VIII. IX. ORDINANCE FOR ADOPTION URGENCY ORDINANCE NO. 994 - BRANDISHING OF REPLICA 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 was moved by Kenned?, seconded b? Edgar, that Ordinance'No. 994 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 994 by the City Clerk, it was moved b? Kenned?, ~econded b? Edgar, that Ordinance No. 994 be introduced as follows: ORDINANCE NO. 994 - AN URGENCY ORDINANCE OF THE CITY COUNCIL.OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 6202 TO CHAPTER 2 OF ARTICLE 6 OF THE TUSTIN CITY CODE REGARDING THE BRANDISHING OR THREATENING DISPLAY OF REPLICA FIREARMS Councilman Hoesterey felt this was redundant legislation. Captain Wakefield responded to Council questions. The motion'carried 3-21~ Hoesterey and Prescot~ opposed. Council debate followed. The Mayor noted that since a four, fifths vote was not achieved, subject Ordinance would be agendized on October 19 for second reading and adoption as a regular ordinance. OLD BUSINESS None, CITY COUNCIL MINUTES Page 9, 10-7-87 Xo NEW BUSINESS 1. COLUI~US TUSTIN PLAN PRASE 2 A request to continue subject item due to staff's heavy workload on community events. As recommended in the inter-com dated September 30, 1987, prepared by the Administrative Services Department, it was moved by Hoesterey, seconded by Kelly, to continue subject item to October 19, 1987. The motion carried 5-0. 77 AWARD OF CONTRACT FOR CONSTRUCTION OF SB 821 SIDEWALKS & WHEELC)tAIR RAMPS PROJECT Bids were opened on September 29, 1987, as follows: B-1 Enterprise Corp. Rancho Cucamonga Bruce Paving Company, Inc., Gardena R. A. Snyder, Inc., Tustin Nobest, Inc., Westminster $39,162.50 $39,822.OO $50,013.75 $53,115.00 The low bid is 22.4% over the Engineer's estimate of $31,999.60. Staff proposes eliminating 9 of 17 proposed wheelchair ramps to meet budgeted funds, with concurrence of the low bidder. It was moved by Hoesterey, seconded by Kelly, to award subject con- tract to B-1 Enterprise Corp., Rancho Cucamonga, in the amount of $39,162.50; and authorize staff to elimihate 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 AWA,RD OF CONTRACT 'FOR WATER MAIN RELOCATION & REPLACEMENT, POSADA APARTMENTS ON ~DALLION AVENUE Bids.were opened on September 19, 1987, as follows: Spear Pipeline, Orange Wilson Equipment Rental, Inc., Ontario La Peer Co., Inc., Santa Fe Springs $22,997.29 $32,946.50 $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 29, 1987, prepared by the Public Works Department, Engi- neering Division, it was moved by Hoesterey, seconded by Kelly, to award subject contract to Spear Pipeline Construction, Orange, in the amount of $22,997.29; and increase previously approved supple- mental budget appropriation of $20,385 to $24,150 from Water Fund Reserve to provide interim funding for construction costs (includes 5% increase above low bid to cover any contingency costs which may rise during construction). The motion carried 5-0. 107 4. SUPER CONNII-FEE TRANSPORTATION REPORT Councilman Hoesterey requested subject item be agendized for Coun- cil consideration. '~ It was moved by Edgar, ~econde.d by Hoesterey, to approve the Super Committee Transportation report and send a letter of endorsement for same. Council discussion followed regarding the~Super,Cemmittee'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 XII. 1. PI_ANNING COMMISSION ACTIONS - SEPTEI~3ER28, 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. 2. JOHN WAYNE AIRPORT NOISE NONITORING PROGRNq/BOEING 757 - UPDATE 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 ~otion carried 5-0. 101 3. INFORMATIONAL REPORT - MAIN STREET SIDEWALK & DRIVEWAY REPLACEMENT A response to concerns raised by Councilman Prescott at the September 21 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 th~ Public Works Department/Engineering Division. Carried 5-0. 92 4. AMAGANSET WAY TRAFFIC CONCERNS - INFORMATIONAL REPORT A report from the City's Consultant Trafflic Engineer recommending implementation of certain actions/correCtions regarding traffic on Amaganset between Yorba and Prospect. Following consideration of the inter-com dated September 29, 1987, 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. INVESTMENT SCHEDULE AS OF SEPTEMBER 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, 1987, prepared by the Finance Department. The motion carried 5-0. 50 OTHER BUSIHESS 1. CITY'S DISASTER PREPAJ~EDNESS 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 MATERIALS ORDINANCE Councilman Hoesterey stated that when the Hazardous Materials Ordi- nance was enacted by Council in September, 1986, the Orange County Fire Department was to report back on cost mechanisms, effective- ness, etc., of the program. CITY COUNCIL MINUTES Page 11,'10-7-87 XIII. The Tustin Chamber of Commerce has requested an update on that information. The matter was referred to staff. 102 3. mGET ACQUAINTED" BROCHURE FOR PROPOSED ANNEXATION AREA RESIDENTS Councilman Prescott requested staff continue to pursue development of a City brochure as suggested at the September 21 meeting, and agendize same in the future. 24 4. EL CASINO REAL CHILI COOK-OFF Councilman Hoesterey complimented staff on the excellence of the recent E1Camino Real Chili Cook-off. Mayon Edgar concurred. Councilman Prescott reported dark stains on the street from the Cook-off and suggested removal with steam-cleaning. Mayor Pro Tem Kennedy thanked staff for their dedication and long working hours during the recent community events. 41 S. ANNEXATIONS NO. 139 AND 140 - WRIT OF MANDATE The Mayor reported that the City Clerk informed Council that a Notice of Entry of Judgment regarding the September 30 hearing on subject matter was received this date. It was moved by Edgar, seconded by Hoesteres, to refer the matter to the City Attorney, and direction to Council be given at the October 19, 1987, meeting. The motion carried 5-0. 24 COUNCIL AI-FENDANCE AT THE LEAGUE OF CALIFORNIA CITIES CONFERENCE The Mayor acknowledged that City Council spent the past few days in San Francisco attending the League of California Cities confer- ence. Councilman Prescott noted that Mayor Edgar was a session moderator. ADJOURNMENT At 10:35 it was moved by Hoestere~, seconded by Edgar, to recess to the Redevelopment Agency, and thence adjourn to the next Regular Meeting on Monday, October 19, 1987, at 7:00 p.m. The motion carried 5-0. MAYOR CITY CLERK