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HomeMy WebLinkAboutCC MINUTES 1989 09 18MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA SEPTEMBER 18, 1989 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Pro Tem Edgar at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Kelly. II. INVOCATION - The Invocation was given by Henry Sellers with the First Baptist Church on Newport Avenue. III. ROLL CALL IV. Council Present: Richard B. Edgar, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott Council Absent: Ursula E. Kennedy Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk W. Douglas Franks, Chief of Police Christine Shingleton, Com. Development Director Ronald A. Nault, Finance Director Robert Ledendecker, Director of Public Works Laura Kuhn, Senior Planner Approximately 75 in the audience Royleen White, Director of Administrative Services PUBLIC HEARING 1. APPEAL OF VARIANCE 89-10 Christine Shingleton, Director of, Community Development, reported that the applicant has asked that this Public Hearing be con- tinued to the October 16, 1989, City Council Meeting. Mayor Pro Tem Edgar opened the Public Hearing at 7:03 p.m. There were no speakers on the subject. It was moved by Kelly, seconded by Hoesterey, to continue this hearing to the October 16, 1989, City Council meeting. The motion carried 4-0, Kennedy absent. ia6 2. PUBLIC HEARING FOR THE PURPOSE OF DECLARING A PUBLIC NUISANCE - 13151 RANCHWOOD ROAD Laura Kuhn, Senior Planner, reported staff has been working with code enforcement actions based upon complaints that have been received from property owners in the vicinity of the property in question. We have received complaints from nearby residents since the property has been ahnexed into the City in 1986 or 1987. Staff presented to the Council in August a report that staff has been working with the property owner trying to gain compliance with problems of overgrown vegetation, and various other items on the property which have been considered in viola- tion of the City Code. Staff has received numerous complaints on the property. There have been numerous contacts and some compliance has been gained, however, continued maintenance has been a problem. In an effort to secure continued compliance, staff has scheduled this item for a hearing tonight to consider public comment on the condition of the property. There is a Resolution proposing that the property be declared a public nuisance for the reasons outlined in the staff report which includes the following: 1) Removal of overgrown vegetation, dead landscaping and fallen fruit in the front and rear yards, which causes a problem with flies, and 2) A permanent removal of all debris from the property and replacement of dead and missing landscaping with new ground cover as determined appropriate by the property owner. CITY COUNCIL MINUTES Page 1, 9-18-89 The Public Hearing was opened at 7:09 p.m. The following spoke about the lack of maintenance of subject property: Rob Greene, 10312 Deerhill, Santa Ana, and owner of 13166 Wickshire Lane Leo E. Rojeski, 13152 Ranchwood Julia Boynton, 13222 Wickshire Gerald Feldman, 13191 Wickshire Lane, Chairman of the Bellewick Community Association Jim Peterson, 13165 Ranchwood Rd. M. Napolitan, 13151 Ranchwood, owner of subject property, said she had in past years had problems with children running over her yard and trampling on whatever she tried to plant. She does not request help from her neighbors but has requested the City of Tustin to give some kind of referral as to a gardener to do the job. As far as the property values, the sellers are getting very good money for their property, as much as ten times what they paid for it. It is not affecting property values. The Public Hearing was closed at 7:32 p.m. Councilman Kelly said the property owner has been well notified. He visited the whole neighborhood and many have beautiful lawns. He challenged all the owners to fix up their yards. Councilman Hoesterey said that 9 different letters have gone out since June of 1987, and each time that a letter goes out, there is some partial clean up but there is not a continual maintenance of the property and this has pushed the neighbors to seek some help from the Council. It was moved by Kelly, seconded by Hoesterey, to adopt Resolution No. 89-138 as follows: RESOLUTION NO. 89-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THAT CERTAIN CONDITIONS ON THE PROPERTY LOCATED AT 13151 RANCHWOOD ROAD (AP#500-011-24) CONSTITUTES A PUBLIC NUISANCE AND HEREBY ORDERING ABATEMENT OF SAID NUISANCE The motion carried 3-1, Prescott opposed. in 3. ZONE CHANGE.89-02 Dan Fox, Associate Planner, reported that the subject zone change requests to amend the First Street Specific Plan for the property located at 640 W. First Street from Office as the Primary Use to Commercial as the primary use. Design Review 89-52 is a proposal for a 5,825 sq. ft. retail center and certain lot consolidation and reciprocal parking/access bonuses pursuant to the First Street Specific Plan. The Public Hearing was opened at 7:42 p.m. David Melilli, President of David Melilli Company, 23010 Lake Forest Dr., Suite E, Laguna Hills, applicant for the Zone Change said that the proposal will enhance the corner -by eliminating 2 driveway openings on First Street that create a traffic hazard at the present time. He said that his architect Bill Hockenberry was present and could answer any questions the Council might have. Also Mr. Jeff Thompson who will be relocating the existing Victorian house to a site on Sixth St, where it will be restored from an office use back to a residential use was present and available for questions regarding the relocation of that historic property. The Public Hearing was closed at 7:45 p.m. It was moved by Hoesterey, seconded by Kelly, to adopt the following: CITY COUNCIL MINUTES PAGE 2, 9-18-89 RESOLUTION NO. 89-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 89-02 AND DESIGN REVIEW 89-52 AND CERTAIN RECIPROCAL ACCESS AND LOT CONSOLIDATION BONUSES, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The motion carried 4-0. Kennedy absent. It was moved by Hoesterev, seconded by Edgar, that Ordinance No. 1030 have first reading by title only. The motion carried 4-0, Kennedy absent. Following first reading by title only of Ordinance No. 1030 by the City Clerk, it was moved by Hoesterev, seconded bV Kelly, to introduce Ordinance No. 1030 as follows: ORDINANCE NO. 1030 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 89-02, TO CHANGE THE LAND USE DESIGNATION OF THE FIRST STREET SPECIFIC PLAN FROM "OFFICE AS PRIMARY USE"' TO "COMMERCIAL AS PRIMARY USE" ON THE PROPERTY LOCATED AT 640 WEST FIRST STREET The motion carried 4-0, Kennedy absent. 110 4. APPEAL OF PLANNING COMMISSION ACTION, CONDITIONAL USE PERMIT 89- 25 AND DESIGN REVIEW 88-66 Dan Fox, Associate Planner, reported that on August 28, 1989, the Planning Commission adopted Resolution No. 2659 denying Conditional Use Permit 89-25/Design Review 88-66, to establish 5,000 square foot full service car wash to be located at 240 E. First Street. The applicant has appealed the decision of the Planning Commission to the City Council for consideration. The proposed development plans include a 5,000 sq. ft car wash which will include a wash tunnel which is situation on the east side of the property. There will also be within the building a lobby area, rest rooms, accessory office for the business portion. A full service fueling and vacuum facilities will be located under a trellis element on the west side of the property. Vehicles would approach the site and in a counter clockwise fashion move through the wash tunnel and exit in the NE corner of the site. The Commission noted concern over inconsistencies with the First Street Specific Plan and potential traffic impact that this project could create. The First Street Specific Plan identifies this site as primary use as retail development and gives this site a high development potential since the site is vacant. A car wash is not an outright permitted use but is identified as a service commercial use and is authorized by the issuance of a Conditional Use Permit. A traffic study was prepared for the project which identified that basically that there would not be any significant traffic impact associated with the project. However, the Commission expressed further concern related to cumulative impacts in the area,,particularly with the operation to the intersections at First and Prospect and at the Post Office and other surrounding land uses generate a fairly substantial amount of traffic. An additional concern was expressed regarding the site design and the lack of stacking as the vehicles exit the drying area, and the inability of vehicles to exit the site to a secondary access without going through the wash tunnel. There was also concern related to the amount of parking and the potential number of employees to the number of parking spaces. The Planning Commission also noted other inconsistencies with the goals and policies of the First Street Specific Plan, particularly those that encourage pedestrian friendly uses, encourages circulation between adjacent properties, and development of retail uses along this corridor of the community. The applicant has done a commendable job in the design of the facility. Based upon the action of the Planning Commission and review of the project, it is recommended that the City Council uphold the Planning Commission's actions to deny Conditional Use Permit 89-25 and Design Review 88-66. The Public Hearing was opened at 7:50 p.m. CITY COUNCIL MINUTES PAGE 3, 9-18-89 Henry Kumagai, 19021 Canyon Drive, Villa Park, CA, owner of the property, said that he and his architect, Dennis McCullough had been working for the past year with the Planning staff making changes to meet all the goals of the First Street Specific Plan. One of the concerns of the Planning Department is the number of parking spaces for the employees. He has added 2 more parking spaces on the West side of the property to bring the number of parking spaces from 7 to 9. Christine Shingleton said that this was some new information that has not gone back to the Planning Commission. The Council has the option of referring the matter back as modified to the Planning Commission for additional information in a report. Mr. Kumagai said that if there are more than 9 employees, we are planning to use a car pooling program for the employees. The Planning Commission wants 9 parking spaces for them. Another concern is stacking of cars coming out of the tunnel. We could move the tunnel back about 5 ft., and maybe make the front wall that is ten feet from the property line to about 8 ft., it will make room in the drying area, and then we would be able to have about 10 to 12 cars in the drying area. To cut down time in the drying area we are going to install 2 dryers in the car wash. The first dryer will remove about 90% of the water off of the vehicle, and then it goes through a second dryer and removes most of the rest of the water off of the vehicles. By the time the car reaches the drying area, it should only take a few minutes to dry the rest of the car. Another concern was the traffic the car wash would generate. He said he anticipated about 10 cars every 15 minutes but could handle 60 cars an hour. He cited the car wash on Redhill and El Camino as having 200 to 300 cars a day, with 350 to 400 on Saturday. He said the Redhill car wash has 15,760 sq. ft., which is less than 2/3rds the size of his lot. Christine Shingleton said this should go back to the Planning Commission since Staff or the Cgmmission have not seen the new information. Steve Sasaki, with Weston, Pringle and Associates, 2651 E. Chapman, Traffic Consultants for the project, said there were some questions raised at the Planning Commission that weren't clarified. 900 trip ends means 450 cars going in and out. The driveway would be increased from 27' to 30' or 32' which would help movement in and out of the site and would help to reduce a conflict -on First St. Pieter Dwinger, Construction Consultant, who has been working with Mr. Kumagai for the last several years, guiding and assisting him in putting this project together, said the issues that have been brought up have been addressed by Mr. Kumagai by moving the building back 51. This does not encroach into the rear setback. He did not want to build a shopping center because there are many of them around. He saw many empty. office buildings on Irvine and he has hot been in that business, he has been in the automotive business his whole life. In fact he owns another automobile business in Tustin. Furthermore he has a deed restriction preventing him from having any kind of food service, so that limits the usage of this property and therefore he has moved forward in designing this project. I believe it would be a tremendous asset to the City both aesthetically and revenue wise. 'I encourage the Council to accept this project and move forward with it. Keith Rankin, 13321 Nixon Circle, Tustin, owner of the property 178, 180, 182 Preble Drive spoke regarding his property which backs up to the alley directly behind the Post office. His tenants are constantly about traffic going down the alley. He felt this project would need more parking. Councilman Hoesterey said that there is no access to the alley on this project. There will be a wall across the back of the property. CITY COUNCIL MINUTES Page 4, 9-18-89 The Public Hearing was dosed at 8:10 p.m. It was moved by Prescott, seconded by Hoesterev, to approve subject project. Councilman Kelly said that he thought the architectural design was right for the street and the Environmental Impact Report considered it as very positive. I would like to see the Planning Commission go over this one more time before it reaches the Council. Councilman Prescott, with approval of Councilman Hoesterev who seconded the motion, amended his motion, to close the Public Hearing, refer this back to the Planning Commission, and then have it back on the Council Agenda for October 16th. The motion carried 4-0, kennedy absent. 81 AGENDA ORDER - NEW BUSINESS NO. 3 3. NEWSPAPER STANDS - PUBLIC RIGHT-OF-WAY Councilman Kelly asked that this item be taken out of agenda order. Councilman Prescott requested that this item be agendized. He asked anyone wishing to speak on this item to come forward and do so. LeAnn Jones, 685 Center St., Costa Mesa and McCready Johnson were in favor of getting rid of this pornographic material. It was moved by Edgar, seconded by Hoesterey, that we enforce our existing code which reads: Chapter 2, Part 1, Section 7211 and 7212: 7211: OBSTRUCTING STREETS, SIDgWALKS AND ALLEYS It shall be unlawful for any person to place any obstruction of any kind in or upon any public street, alley or sidewalk in the City or to authorize, procure or permit any obstruction to be placed therein or thereon, except as may be required by employees or officials of the City in the proper discharge of their duties. (Ordinance No. 9, Section 13) 7212: NEWS STANDS PROHIBITED IN PUBLIC RIGHT-OF-WAY It shall be unlawful for any person to place within, in, on, upon or over any part of the public right-of-way in the City of Tustin, including any public street, alley, parkway or sidewalk, any stand, rack, holder, self-service stand, coin-operated box, container, storage unit or other device for the purpose of offering for sale, vending, distributing or giving away newspapers, periodicals or other• printed matter, or to authorize cause or permit any such placement. (Ord. No. 583) Councilman Kelly said that he' had received a number of phone calls on this issue and he had participated in a telephone/radio broadcast on this s ubject. He would like to see that our ordinance pertaining to streets and highways under Section 7211 be implemented. He suggested that we should include allowing placement of Postal boxes. Attorney Rourke said that the Federal Government has the right to put Post Office boxes there. He said the appropriate action, since a number of news racks have been in the right of way for a long time, would be a written notice to the various newspapers that have racks in the City advising them of the ordinance and requesting, that they remove them right away. He did not think it would be advisable to start picking them up and carting them away. They should be given a reasonable time to remove them. If they are not removed by that time, then we will take other steps. This would be my advise to the staff as to how to handle this. CITY COUNCIL MINUTES PAGE 5, 9-18-89 Mayor Pro Tem Edgar called for the question on the motion for a swift implementation of the ordinance on the books. Motion carried 4-0, Kennedy absent. It was moved by Edgar, seconded by Hoesterev_, that staff be directed to make the formal notification to the owners of the news racks that they have three days to comply and if they don't comply, we confiscate the stands and impound them. Staff to give us a report as to how to dispose of them. Motion carried 4-0. Kennedy absent. LeAnne Jones, 685 Center St., Costa Mesa, and McCready Johnston were in favor of getting rid of this pornographic material. PUBLIC HEARING NO. 5 M. - APPEAL OF PLANNING COMMISSION APPROVAL OF DESIGN REVIEW 87-37 AND AMENDMENT TO USE PERMIT 87-30 The Planning Commission originally approved Design Review 87-37 for the Tustin Market Place in January of 1988. Steve Rubin, Senior Planner, gave the staff report. On August 14th, the Planning Commission approved the design review and an amendment to Conditional Use Permit for the Movie Theatre and Retail Complex in the North Entertainment Village of the Tustin Market Place. The Planning Commissions' action was subsequently appealed by the City Council. on August 21st. The North Entertainment Village is located north of E1 Camino Real, slightly west of Jamboree. Rd. There are a total of 6 buildings which make up the North Entertainment Village, 3 of those are stand alone buildings that are to be developed at a later date. The movie theatre and the retail complex that is the subject of this evening's appeal, consists of 3 buildings that are linked together physically. The central building is a 2 story structure measuring 46 ft. in height and would contain a sixplex movie theatre. The ground floor of that building as well as the remaining 2 buildings which measure between 20' and 29' in height would consist of a variety of different retail and restaurant tenants. The central issue of the Planning Commission's meeting and subject of this evenings appeal have to do with towers that are part of the entertainment complex. In January of 1988, the Planning Commission approved the overall design review for the Tustin Market Place and at that time approved UP87-30 permitting a total of five towers to exceed a height of 50' up to a maximum height of 70' in the Entertainment Village. Four of these towers were for the purpose of displaying a laser light beam and the fifth tower was a free standing tower within the movie theatre/retail complex. The present proposal that was considered by the Planning Commission on August 14th was for a total of 6 towers, four of them being the laser towers and°two of them being towers that are within the Movie Theatre Complex. The Planning Commission approved one tower for a total height of 65' located at the entrance of the Edwards Theatre. They felt that this tower did provide a prominent entry for the movie theatre. They did have concerns about the second tower as to the necessity of the 65' height and consequently approved the project, requiring that tower be reduced in height to 46' which is the height of the building. The applicant was present to represent their original proposal. The Public Hearing was opened at 8:53 p.m. The meeting was temporarily stopped because Councilmen Kelly and Prescott left the podium and there was not a quorum. Leason F. Pomeroy, III, 44 Plaza Square, Orange, architect, described the proposal. The second story was what was turned down. This project deals with unique design determinants. The site is regional, it is a very dominant site and it is very CITY COUNCIL MINUTES PAGE 6, 9-18-89 large. The uses are also large and primarily made up of large blank walls. Our design utilized the large walls as organizing elements and utilized color and vertical elements to deal with the issues of identity and scale. In my opinion, the theme building in the Village need a vertical element on the primary entry side. It needs it to bring the building into proportional balance or scale and to signify the activity node or to provide identity. As originally designed, for the building to be aesthetically successful, I respectfully request that you reevaluate the vertical element height so that it might be of the proper and consistent proportion. Councilman Prescott asked him to address the color purple. Mr. Pomeroy said it is difficult to speak about purple unless you have worked with this project from the beginning. In this particular project, in conceiving this 70 some odd acre site initially with the design determinants that we had, several architects were commissioned by the Irvine Company for the early work on this project. The concept evolved that it would be a project made up of massive walls, that the project would be turned inward, with the walls facing to the outside to create an opportunity for 3 separate shopping centers, and that since the site was so large and the buildings were so low, that certain elements needed to be brought to this design that would extenuate it as a regional shopping center. Those 2 elements were vertical elements in terms of scale and color. The color purple and the other colors of pink and yellow were picked to become accents and to show vitality and excitement within this project. The base filling colors are more earthen tone, darker, to set this project apart from others. I believe to speak about any color, you have to be site specific. This is a large scale, low rise kind of development. It is about 300 acres. I think it. is very appropriate here. The Mayor Pro Tem closed the Public Hearing at 9:13 p.m. It was moved by Kelly, seconded by Prescott, to recess for 10 minutes at 9:20 p.m. Carried 4-0. Kennedy absent. The meeting was reconvened at 9:30 p.m. It was moved by Hoesterey, seconded by Edgar, to adopt Resolution No. 89-140 as follows: RESOLUTION NO. 89-140 - 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, AS AMENDED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR DESIGN REVIEW 87-37 AND AN AMENDMENT TO USE PERMIT 87-30 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 4-0. Kennedy absent. It was moved by Hoesterey, seconded by Prescott, to adopt Resolution No. 89-141 with requested change to 65' that would be compatible with the other tower. Carried 4-0. Kennedy absent. RESOLUTION NO. 89-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, UPHOLDING THE PLANNING COMMISSION ACTION ON DESIGN REVIEW 87-37 FOR THE THEATRE/RETAIL FACILITY OF THE NORTH ENTERTAINMENT VILLAGE OF THE TUSTIN MARKET PLACE AND OVERTURNING THE PLANNING COMMISSION ACTION ON AN AMENDMENT TO CUP 87-30, REVISING THE LOACTION AND DESIGN OF THE PERMITTED TOWER OVER 50' IN HEIGHT IN THE THEATRE/RETAIL FACILITY OF THE NORTH ENTERTAINMENT VILLAGE 81 V. PUBLIC INPUT 1. VICTORY OUTREACH CAR WASH Bent Powell, 13052 Newport Avenue Chevron Station, asked for a CITY COUNCIL MINUTES PAGE 7, 9-18-89 continuance of the permit for the Victory Outreach Car Wash at his service station. This is their way to make a living. He had been to their home and met the gentleman in charge and the money they earn keeps them off of welfare. He has received literature from people saying these people need to get off the street. They don't have the money to get a license. He supplies the water and all the money goes to them. They are there for a year and then they help them find jobs. He had a petition with 161 signatures and he asked the Council to see a way to help these people. Pam Kowalski spoke about the importance of this program. She said a lot of people use cocaine and this is wrong. She said this Victory Outreach Program is people off of drugs. They have the support from each other. Rehabilitation takes a long time. She asked that the Council approve this Car Wash. It was moved bV Prescott, seconded by Hoesterev, for the City to accommodate these service groups and that we not close them down. Councilman Hoesterey asked for input .from the Community Development Director. Christine Shingleton, Community Development Director, said she supported. the organization but had informed them that they need a Temporary Use Permit which would be for a year. After that they could apply for a Conditional Use Permit. This would have to go to the Planning Commission, and if you direct, we could waive the fees. It was moved by Hoesterey, seconded by Prescott, to agendize waiving of fees for the next City Council meeting and then the applicant could apply to the Planning Commission for a Use Permit. The motion carried 4-0, Kennedy absent. 2. CONDUCT OF COUNCILMAN PRESCOTT Roger Evans, 1391 Bullard, said that he was upset and appalled. At 7:00 p.m., he turned on the TV to watch the Council meeting and he was appalled and disgusted at Councilman Prescott's actions tonight. He said he did not know what his problem was but he was upset by it. Councilman Kelly said that at the last meeting he asked Councilman Hoesterey for his apology regarding the Karcher and Marriott family and he did not get it. Mr. Evans said that he had written to all the City Council members. There is nothing wrong with disagreeing. I am talking about ethical manners and his manners were rude and disrespectful. Councilman Prescott said that his comments were well taken. Councilman Prescott said he thbught the Council should address Councilman Hoesterey's lies. Robert Wehm, Tustin resident, said he was offended by Council- man Prescott putting his feet upon the desk. He had a strange feeling that they got together to do this to bring up the apology. Robert Winn, I have lived in Tustin for 28 years. I have attended the meetings time after time and I was offended at Councilman Prescott turning his back on the TV and the audience and putting his feet upon the desk. Councilman Prescott apologized. VI. CONSENT CALENDAR It was moved by Kelly, seconded by Prescott, to approve the Consent Calendar as follows: CITY COUNCIL MINUTES PAGE 8, 9-18-89 1. APPROVAL OF MINUTES - SEPTEMBER 5, 1989, ADJOURNED REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $2,669,529.86 RATIFICATION OF PAY ROLL IN THE AMOUNT OF $203,620.87 50 3. ENTRY SIGNS - AUTHORIZATION TO SOLICIT BIDS Authorized solicitation of bids for the installation of new entry signs as recommended by the Community Development . Department. gt,,?B 4. RESOLUTION NO. 89-143 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 89-3 Adopted Resolution No. 89-143 approving Lot Line Adjustment No. 89-3 as recommended by the Public Works Department/Engineering Division. 49 5. RESOLUTION NO. 89-144 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVE- MENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR CONSTRUCTION OF SIDEWALKS AND WHEELCHAIR RAMPS, SB821 PROJECT 1988-89 FISCAL YEAR Adopted Resolution No. 89-144 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 86B 6. RESOLUTION NO. 89-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF THE SECOND SUPPLEMENTAL INDENTURE OF TRUST AND AUTHORIZING CERTAIN RELATED MATTERS Adopted Resolution 89-142 approving the Second Supplemental Indenture amending the Original Indenture and authorized the Mayor or Mayor Pro Tem to execute the Amended Indenture as recommended by the Director, of Finance. 50 7. LAW ENFORCEMENT/PUBLIC WORKS COMMUNICATION SYSTEM TRUST FUND Authorized the City Finance Director to deposit funds in the County of Orange's Law Enforcement/Public Works Communica- tions System Trust Fund, and transfer $142,125 from the appropriated reserves in the Capital Improvement Fund to the General Fund for the first deposit for Police and Public Works and appropriated. $9,200 from the unappropriated reserves of the Water Fund for it's proportionate share, for a total appropriation from all funds of $151,325 as recom- mended by the Director of Finance. 50 VII. ORDINANCES FOR INTRODUCTION - None VIII. ORDINANCES FOR ADOPTION - None IS. OLD BUSINESS 1. AIRPORT STATUS REPORT - JOHN WAYNE AIRPORT (JWA), AIRPORT SITE COALITION (ASC), COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAS), AND HELICOPTER OVERFLIGHTS TASK FORCE (HOPTF) Based upon the information that is presented and based upon the logic that we critically need to support the fight against the El Toro site, it was moved by Edgar, seconded by Hoesterey, to appropriate $1,000 to support their continuing activity. Councilman Kelly voiced his opposition to that appropriation. Councilman Prescott concurred with Councilman Kelly. 2-2 vote. Mayor Pro Tem Edgar said that based. upon the fact that there is obviously a 2-2 vote on this issue, it will remain on'the agenda and be continued to the next meeting. CITY COUNCIL MINUTES PAGE 9, 9-18-89 Z Councilman Prescott said he would take that under advisement and will advise the chair that all matters that die 2-2, be continued to the next meeting. That is a very important precedent for this body. It was moved by Kelly, seconded by Edgar, to receive and file the balance of the report. Carried 4-0. Kennedy absent. 101 2. CIVIC CENTER EXPANSION/RENOVATION Christine Shingleton, Director of Community Development, said that there were concerns about the Council Chambers. Mr. Bates is present to summarize the modifications. It was moved by Prescott, seconded by Kelly, to continue this matter until we have a body of 5 members present. Councilman Prescott said that what is proposed is that future Councilmembers sit in a narrow expanse to look at the door. I say that we need to look the public in the eye. Motion carried 4-0, Kennedy absent. IT WAS MOVED BY PRESCOTT, SECONDED BY KELLY TO RECESS THE MEETING FOR FIVE MINUTES AT 10:11 P.M. COUNCIL RECONVENED AT 10:16 P.M. 39 3. APPROVAL OF MINUTES OF AUGUST 21, 1989, AND TRANSCRIPT OF ORDINANCES FOR INTRODUCTION - ORDINANCE NO. 1027, COUNCIL REORGANIZATION Mayor Pro Tem Edgar said that the Council has in their possession transcripts of all of the literal words that have been said by all of the Council and as we look at the words that are literally expressed, then you find things. that have been said were taken out of context and when taken out of context, there are different types of interpretation about what was said. My personal feeling is that we have made a great deal of discussion that really is non productive and based on that fact, I think that we can respond to the formal advise that we have received from our City Attorney and that advise is that outside of some very limited mandatory things that must be in the Minutes, such as approval of Minutes and approval of Ordinances and Resolutions, we really have the option as a City Council to either have a long dialogue in terms of the minutes or a very short dialogue depending upon our desire as to what is contained. With that in mind, it was moved by Edgar, seconded by Hoesterey, that all controversial discussion that we have had be extracted and deleted from the Minutes so that it does not become a part of the public record and that includes the Minutes of the 21st and prior meeting of August. It was moved by Prescott, seconded by Kelly, to recess for 5 minutes at 10:11 p.m. Motion carried 4-0. The meeting was reconvened at 10:16 p.m. Mayor Edgar asked if there was further discussion on the pending motion. Councilman Kelly offered an amendment to the motion, seconded by Prescott, that Councilman Hoesterey apologize with a retraction. Councilman Prescott said that he did not think that any member of this body should be able to offer false testimony of quotations of any other fellow councilmembers, and Councilmember Hoesterey should not be able to say that CITY COUNCIL MINUTES PAGE 10, 9-18-89 Councilmember Kelly said that Karl Karcher is a crook or that the Marriott family are crooks. He should either resign from the City Council or unconditionally apologize. Councilman Hoesterey said that if you are asking the Council to direct me to give an apology to Mr. Kelly, I will vote against that motion. We have spent a great deal of time as Councilmembers involved in a number of projects in the City. I believe that the item that is in question was the fact that Mr. Kelly was upset at the way that his comments were interpreted and the way that I responded to those comments. In the context of the meeting that we had on the Tustin Promenade project to which the applicants of that project included the Carl's Jr. and the Marriott corporations, we had long and heated discussions regarding the Tustin Promenade Project. After those discussions, under a separate agenda item which I believe had to do with the Monterey Workshops, a comment was made by Mr. Kelly, as evidenced by the transcripts, "that I am looking forward to the trip to Monterey, and I hope that it's very helpful and that we can put a lot of this Redevelopment crookedness out of our community." My comments were in response to that statement. The item on the agenda had to do with the project that was at hand and the fact that there was crookedness would have intimated that all parties involved with the project were crooked. Consequently, if Mr. Kelly is upset with the comments that were made, they were in direct response to the comments that were afforded at that particular time. Councilman Prescott said that it was very paramount for the citizens of Tustin to recognize that the record is very clear and it has been substantiated by transcripts of the City Clerk of Tustin that 1) Mr. Kelly never said that Mr. Karcher is a crook, and 2) Mr. Kelly never said that the Marriott family is a crook., In view of this transcript, I think it is paramount that the citizens of Tustin are due an unconditional apology by Mr. Hoesterey and they are due that tonight and if Councilmember Hoesterey does not unconditionally apologize, I am going to move that he be censored. Mayor Pro Tem Edgar asked to hear from Mr. Kelly. Councilman Kelly said it is all in the transcripts. There are a lot of hard feelings on this Council and it has been substantiated and my colleague, second to my left has had ample time to review the transcripts and the fact of the matter without clouding it is he accused me of referring to one of my all time heros, one of the champions of the free enterprise system, Karl •Karcher, who started out his business life as pushing a hotdog cart in the streets of Los Angeles as being a crook. That cut right to the quick. 1 There have been a lot of`cheap shots on this Council and that was the ultimate hit. I think that this ultimately will come to a boil and it will end all of the hard feelings that are on this Council. It will come to an ugly and bitter end if we don't get to the retraction and the apology that has been moved for this evening. Mayor Pro Tem Edgar said the transcript is very precise. Councilman Kelly said the whole issue has been, "Did John Kelly refer to Karl Karcher, the members of the Marriott Corporation as crooks. End of question. We want an answer. Did he or did he not make that statement. And that is what we want to get down to. You have the transcripts, we want a clear concise answer. Mayor Pro Tem Edgar said the answer is clear and simple from the transcript. The transcript precisely states that you said "That the Redevelopment crookedness in our community". CITY COUNCIL MINUTES PAGE 11, 9-18-89 Now when you said Redevelopment crookedness, you were then casting criticism of the particular project in question. You are casting criticism of our staff, which I don't agree with one bit, you are casting criticism of Ron, Ursula, and I. Heated discussion followed. Mayor Pro Tem Edgar called for the vote on the motion. The vote was 2-2. Further heated discussion followed and Mayor Pro Tem Edgar asked the City Attorney if he could stop this dialog. The City Attorney responded that there are apparently no motions that can pass, so he advised to proceed to the next item. 38 X. NEW BUSINESS 1. AWARD OF CONTRACT FOR THE ASPHALTIC CONCRETE PAVEMENT OVERLAY OF EAST TUSTIN STREETS It was moved by Hoesterev, seconded by Prescott, to award the contract to the low bidder, Sully -Miller Contracting Company, Orange, California, in the amount of $492,655.85 as recom- mended by the Public Works Department/Engineering Division. The motion carried 4-0, Kennedy absent. 86B 2. FIRE SAFETY It was moved by Kelly, seconded by Prescott, receive and file subject report as recommended by the Community Development Department. Motion carried 4-0, Kennedy absent. Councilman Kelly asked for inspection on the wooden stairs at the Senior Citizen complex on 6th Street. 51 3. NEWSPAPER STANDS - PUBLIC RIGHT-OF-WAY This item is recorded after Public Hearing No. 4 of these Minutes. 86 XI. REPORTS 1. PLANNING COMMISSION ACTION AGENDA, - SEPTEMBER 11, 1989 Mayor Pro Tem Edgar asked that the Council appeal the Sign Code for City Council dialog. It was moved by Kelly, seconded by Edgar, to ratify the remainder of the Planning Commission Action Agenda of September 11, 1989. Motion carried 4-0, Kennedy absent. 80 2. STATUS REPORT ON 200 EL CAMINO REAL - PACIFIC MEAT COMPANY It was moved by Hoesterev, seconded by Kelly, to receive and file subject report as recommended by the Community Develop- ment Department. Motion carried 4-0, Kennedy absent. 81 3. STATUS REPORT OF STREET NAMING COMMITTEE It was moved by Hoesterey, seconded by Kelly, to receive and file subject report as recommended by the Community Develop- ment Department. Motion carried 4-0, Kennedy absent. 96 4. INVESTMENT SCHEDULE AS OF AUGUST 31, 1989 ` It was moved by Hoesterey, seconded by Kelly, to receive and file subject report as recommended by the Finance Director. Motion carried 4-0, Kennedy absent. 50 5. NEIGHBORHOOD IMPROVEMENT PROGRAM ACTIVITY ON SYCAMORE/NEWPORT AREA CITY COUNCIL MINUTES PAGE 12, 9-18-89 It was moved by Hoesterey, seconded by Kelly, to direct staff to conduct regular code enforcement action on properties in violation of City Code(s) as recommended by the Community Development Department and Police Department. Motion carried 4-0, Kennedy absent. 81 XII. PUBLIC INPUT - None XIII. OTHER BUSINESS 1. IMPROVEMENTS AT REDHILL AVENUE The City Manager handed out a memo at the beginning of the meeting to the Council which was'a report on Improvements at Redhill. He asked the Council adjourn to a meeting within a week. The Railroad has proposed that Redhill Avenue be closed or partially closed for a period of time to make the improve- ments at the grade crossing of Redhill. Bob Ledendecker has done a report that outlines the different approaches. Our recommendation would be that Redhill be closed for a weekend which would require Council action to do that. The entire four lanes would be closed. Robert Ledendecker, City Engineer, said the action that we are recommending is referred to in the report as Plan "C". It is the total closure of Redhill Avenue from 10:30 p.m. on Friday night to 3:00 p.m. on Sunday afternoon. This will allow the Railroad to go in and replace the rails, the ballasts, and the railroad ties on both sets of tracks, plus put down a new rubber planking and resurface the approach of each direction on Redhill. With adequate notification to the motoring public, commencing about 2 weeks prior with signing, that the street will be closed and with proper detouring to the west -and to the east, there will be less impact to the motoring public to close it for one weekend only. If we were to close it and do 2 lanes at a time, it would take 2 similar type weekends of closure. We have stipulated to the railroad that we would have to have emergerAcy access across the tracks at all times .and they have indicated they would be able to provide that. Mayor Pro Tem Edgar said the issue was clear and he was supportive of staff recommendation. It was moved by Edgar, seconded by Hoesterev, that we as a Council consider this on an emergency basis so that we can take a vote on it. Roll call vote was 4-0, Kennedy absent. It was moved by Edgar, seconded by Hoesterey, that we accept staff recommendation that we close Redhill Avenue at the railroad tracks from 10:30 P.M. on Friday to 3:00 P.M. on Sunday to replace railroad ties and put down rubber planking. The motion carried 4-0, Kennedy absent. There will be 2 weeks notice to the public. 95 2. WARRANT RUNS BE LISTED BY DEPARTMENT Councilman Kelly said he had asked that the Warrant runs be by Department rather than alphabetical order. The City Manager responded that when Councilman Kelly brought this up previously, staff said that with modification to software we could do that but we do not have the capability to do that without modifying the software. We are looking to see if we can do it without modifying software with the new computer. If we can, we will be happy to do it. If it takes any kind of modification and an appropriation of funds, we will come back with that. Councilman Kelly asked that the Audit Committee look into this matter because I think it a very simple sort, something that doesn't need any additional software. CITY COUNCIL MINUTES PAGE 13, 1989 The City Manager said that if the old system did require new software, the Council voted not to appropriate funds for it. If the new system provides for it, we will do it, if it doesn't, we will come back to the Council. 3. 'AGENDIZE PLACING OF PHOTOGRAPHS OF ALL COMMITTEES OR COMMISSIONS APPOINTED BY ORDINANCE ON THE WALLS OF CITY HALL Councilman Prescott suggested that in order to increase the visibility of various committees and commission that have been appointed by Ordinance, that their photographs be placed on the walls in City Hall. He requested this be agendized for the next meeting. 4. DISPUTE OVER CONTENT OF MINUTES OF AUGUST 21ST Councilman Prescott siad we had a very divisive debate and argument tonight concerning what Councilmember Hoesterey said about the Karcher family and the Marriott family. Since there are only 4 members present and since we only had a 2-2 vote, it died. In parliamentary procedure, if you don't have 3 votes in a 5 member body, it dies. Consequently I would like to agendize this question for our next meeting so we can definitively address what Councilmember Hoesterey said about the Marriott family and Karcher family. 5. CONTINUATION OF THE WAIVER FOR SECONDARY TREATMENT FOR OUR OCEAN OUTFALL Councilman Edgar said that 2 weeks ago at the Sanitation District meeting we had the, opportunity to ask for a very significant item and Councilman Hoesterey who is the joint chairman of the OC Sanitation District, made a presentation to EPA and to the State Water Control Board, asking for a continuation of the waiver for secondary treatment for our ocean outfall. The significance of this request is that, presuming that we are successful, we are going to save the taxpayers of Orange County $1.4 billion dollars. I think it is very significant that one of our own had the privilege and did well in making that presentation and hopefully we will be very successful. 6. PRAISE FOR TUSTIN TILLERS FOOTBALL TEAM Councilman Kelly praised the Tustin Tillers Football team for beating Foothill as well as the Matre De Monarchs and that was a big accomplishment. IV. ADJOURNMENT It was moved by Kelly, seconded by Hoesterev, to adjourn at 10:47 p.m. to the next regular meeting on October 2, 1989 at 7:00 p.m. MAYOR CITY CVERK I CITY COUNCIL MINUTES PAGE 14, 9-18-89