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HomeMy WebLinkAboutCC MINUTES 1989 03 06OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA MARCH 60 1989 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Kennedy at 7:02 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Mayor Pro Tem Edgar. II. INVOCATION The Invocation was given by Father Des Colleran of St. Cecilia's Catholic Church. III. ROLL CALL Council Present: Ursula E. Kennedy, Mayor Richard B. Edgar, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott Council Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Dir./Community Development Fred Wakefield, Acting Chief of Police Robert Ledendecker, Director of Public Works Royleen White, Dir./Community & Admin. Services Ronald A. Nault, Finance Director Susan Jones, Recreation Superintendent Valerie Whiteman, Deputy City Clerk - Court Reporter for Old Business Item No. 1 Approximately 160 in the audience — IV. PROCLAMATIONS 1. EMPLOY THE OLDER WORKER WEEK - MARCH 12-18, 1989 Mayor Kennedy read and presented a proclamation to Donald Patterson, representing New Horizons of Rancho Santiago College. The proclamation declared the week of March 13, 1989 as "Employ Older Worker Week" and urged all employers and community leaders to recognize the value of the older worker. Don Patterson thanked the Council, on behalf of all people 55 years and older. 2. ETHEL REYNOLDS, 11WOMAN OF DISTINCTION AWARD", AMERICAN ASSOCIATION OF UNIVERSITY WOMEN Mayor Kennedy read and presented the proclamation to Ethel Reynolds honoring her as the American Association of University Women's "Woman of Distinction". Ethel Reynolds said it was a pleasure to work in.a community with many concerned citizens and thanked Council for the recognition. 3. AMERICAN ASSOCIATION OF UNIVERSITY WOMEN WEEK, MARCH 5-11, 1989 Mayor Kennedy read and presented a proclamation to the President of American Association of University Women, Cathy de. Mayo. The proclamation designated the month of March as "Women's History Month" and the week of March 5-11 as "AAUW Week". Cathy de Mayo expressed her appreciation for the official recognition and the acknowledgement of AAUW's contributions to the community. 4. TUSTIN HIGH SCHOOL AUDION YEARBOOK Mayor Kennedy read and presented the proclamation to Teresa Person, Audion Editor, and Dennis Boucher, Audion Advisor. The proclamation recognized the yearbook's First Place with Merit Award in a national competition, the highest award achieved by the publication in sixty-two years. Teresa Person expressed her appreciation to everyone who assisted her and presented a copy of the award-winning Audion to the Council. Dennis Boucher said Teresa had done an excellent job and the—, yearbook was a reflection of her skills and talent. V. PRESENTATION 1. JOHN MEYER, EXECUTIVE DIRECTOR OF THE TRANSPORTATION CORRIDOR AGENCIES John Meyer, Executive Director of the Transportation Corridor Agencies of Orange County, expressed the Agencies' appreciation for the cooperation and enthusiasm shown by City leaders to relieve traffic congestion and complete the three transportation corridors. He thanked former Mayor Donald Saltarelli, Mayor Pro Tem Edgar, Councilman Hoesterey, City Manager Huston, and City Engineer Ledendecker for their expert advise and assistance. He presented to the City a refund check in the amount of $21,635.60, which represented a rebate of the City's contribution toward administrative expenses of the Agencies. VI. PUBLIC HEARING 1. AMENDMENTS TO TUSTIN CITY CODE RELATED TO GRADING AND EXCAVATION It was moved by Kennedy, seconded by Hoesterey, to continue this matter to the March 20, 1989 Council meeting. The motion carried 5-0. 81 VII. PUBLIC INPUT 1. DIAMOND LANES/AIR QUALITY MANAGEMENT DISTRICT REPORT Carole Bryant, 15500 Tustin village Way #100, Tustin, asked if the City's recent Resolution regarding diamond lanes had been forwarded to the orange County Transportation Commission and received an affirmative response from the Mayor. Additionally, she requested that a Councilmember agendize, for the March 20, 1989 meeting, discussion of the Air Quality Management District report. Councilman Kelly complied with her request. 2. REQUEST FOR TRAFFIC SIGNAL AT ST. JEANNE DE LESTONNAC SCHOOL The following members of the community spoke regarding the need for a traffic signal at St. Jeanne de Lestonnac Schools Barbara Maggio, 2011 Munton Circle, Tustin Katherine Nedza, 17621 Orange Tree Lane, Tustin Karen Patridge, 14711 Newport Ave. #A, Tustin Robert LaBarge, Tustin Police Officer Carol Stevenson, 12558 Wedgwood Circle, Tustin Paul Griffo, 15182 Moir Court, Tustin They noted that the speed limit was 40 miles per hour on Main, Street between E1 Camino and Williams and a severe safety hazard existed when automobiles attempted to exit the school's parking lot. Mayor Kennedy requested that all members of the audience concerned about this issue make their presence known to the Council. Approximately 75 members of the audience stood. Mayor Kennedy directed the Police Department and the Engineering Department to study the problem and submit possible solutions to the Council. c _. C. m Es Page 3, 3-6-89 3. LABOR RELATIONS ASSOCIATION ga. BETWEEN CITY AND TUSTIN POLICE OFFICERS' John Adams, consultant representing the Tustin Police Officers' Association, addressed the Council regarding the current salary and benefit negotiation impasse between the City and Tustin Police Officers' Association. He stated the matter was scheduled for hearing before the Council on March 20, 1989, and requested the Council designate Councilmember(s) to meet directly with representatives from the police officers' association prior to March 20, 1989. 4. USE OF SEMI -AUTOMATICS AS AN OPTIONAL PRIMARY WEAPON FOR POLICE OFFICERS Robert LaBarge, Tustin Police Officer, read and submitted a petition to the Council. The petition requested that the Council instruct the Chief of Police to take all necessary and appropriate steps to institute the use of semi -automatics as an optional primary weapon in the Tustin Police Department. VIII. CONSENT CALENDAR It was moved by Kelly, seconded by Edgar, to approve the Consent Calendar. The motion carried 5-0. 1. APPROVED MINUTES - FEBRUARY 21, 1989, ADJOURNED REGULAR MEETING 2. APPROVED DEMANDS IN THE AMOUNT OF $2,241,275.77 RATIFIED PAYROLL IN THE AMOUNT OF $204,772.13 50 3. REQUEST TO DEFER SIDEWALK CONSTRUCTION Authorized a two-year deferment of sidewalk construction adjacent to the Bell and Valencia Avenue frontages of the Ricoh Electronics development subject to the posting of an improvement bond in the amount of $16,500 by Ricoh Electronics. 92 4. RESOLUTION NO. 89-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION OF WATER MAIN IMPROVEMENTS ON ARROYO AVENUE Adopted Resolution No. 89-33 accepting subject work and authorizing the recordation of the Notice of Completion. 86B 5. RESOLUTION NO. 89-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION OF WATER MAIN IMPROVEMENTS ON GRAMERCY DRIVE, SUSSEX PLACE, ETON PLACE AND SANDHURST PLACE Adopted Resolution No. 89-35 accepting subject work and authorizing the recordation of the Notice of Completion. 86B 6. RESOLUTION NO. 89-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF JAMBOREE ROAD BETWEEN TUSTIN RANCH ROAD AND -CHAPMAN AVENUE (RELOCATED) AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adopted Resolution No. 89-36 approving the plans and specifications for the subject project and directing the City Clerk to advertise for bids. 866 7. COOPERATIVE AGREEMENT NO. D89-009 WITH THE COUNTY OF ORANGE TO PROVIDE FOR THE RESURFACING OF HOLT AVENUE AND BROWNING AVENUE Authorized the Mayor and the City Clerk to execute subject agreement. 45 S. ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN Authorized staff to schedule final consideration of the Orange County Hazardous Waste Management Plan for the March 20, 1989 City Council meeting. 81 CITY COUNCIL MINUTES Page 4, 3-6-89 9. RESOLUTION NO. 89-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN; CALIFORNIA, RECOMMENDING THAT APPROPRIATE ACTION BE TAKEN TO AVOID THE PREMATURE REDUCTION OF RENTAL ASSISTANCE PAYMENTS TO LOW INCOME FAMILIES IN THE SECTION 8 EXISTING RENTAL ASSISTANCE PROGRAM Adopted Resolution No. 89-31 requesting that the U.S. Department of Housing and Urban Development and the U.S. Congress take necessary actions to avoid a premature reduction in the Section 8 Existing Rental Assistance Program. 81 10. REJECTION OF CLAIM NO. 88-17; CLAIMANT -DOROTHY DEERING; DATE OF',, LOSS -1/26/881 DATE FILED WITH CITY -6/8/88 Rejected subject claim for personal injury in the amount of 40 $50,000. 11. NAME PROPOSAL - NEIGHBORHOOD PARK TRACT NO. 12345, TUSTIN RANCH Approved the naming of the first park in Tustin Ranch as Camino Real Park and dedication of the park in honor of Officer Waldron Karp, the only Tustin Police Officer killed in the line of duty. 77 12. RESOLUTION NO. 89-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA; FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR THE SECOND AMENDMENT TO VESTING TENTATIVE TRACT MAP 13274 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Approved the Environmental Determination for the project by adopting Resolution No. 89-27 as submitted or revised; and RESOLUTION NO. 89-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO VESTING TENTATIVE TRACT NO. 13274 Approved the proposed Second Amendment to Vesting Tentative' Tract Map 13274 by adopting Resolution No. 89-32. 99 AGENDA ORDER - NEW BUSINESS S. RESOLUTION REGARDING THE ABORTION CENTER OF ORANGE COUNTY Councilman Kelly requested this matter be taken out of agenda order as a convenience to members of the audience. Councilman Hoesterey suggested the Council recess to Closed Session and discuss a legal issue on the subject Resolution. Following discussion between Council and the City Attorney, the Council recessed to Closed Session at 7:43 p.m. At 7:55 p.m., the City Council meeting reconvened. Councilman Kelly requested that the City Clerk read Resolution No. 89-38 in its entirety. Following the complete reading of Resolution No. 89-38 by the City Clerk, Councilman Kelly stated there existed a facility in Tustin which destroyed human life. He was ashamed to have this abominable, morally objectionable activity in the City and believed community leaders, at the local level, had the responsibility to speak and take-,, action to restore morality. He requested the City re-examine use', of the abortion clinic and asked the following five questions of!� staff: (1) did the clinic meet State medical examiner's requirements, (2) what guidelines governed the conducting of certain medical procedures, (3) what was done with the clinic's "medical garbage", (4) were the clinic's practitioners properly certified/qualified and (5) were illegal abortions performed at the clinic. It was moved by Kelly, seconded by Prescott, to adopt the following Resolution No. 89-38: RESOLUTION NO. 89-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REGARDING THE ABORTION CENTER OF ORANGE COUNTY J.'J: y r..,, . Page 5, 3-6-89 IX. The following members of Resolution No. 89-38: the 'community spoke in favor of proposed Janet Larson, 730 N. Euclid #109, Anaheim Jeffrey Burns, 610 E. Utica Ave., Huntington Beach Mark Bachan, 234 Preble Drive, Tustin Rev. Leo Celano, 1042 Star Route, Orange Robert Ingram, 7425 Ninth Street #209, Buena Park Lisa Maloney, Nisson Road, Tustin Paul Griffo, 15182 Moir Court, Tustin John Turner, 1000 Van Ness Street, Santa Ana Melanie Wintan, Santa Ana Marchele Carlson, 15701 Tustin Village Way, Tustin Ada Matesion, 730 N. Euclid #109, Anaheim William Villafonn, 716 N. Mallard #2, Orange Mayor Pro Tem Edgar added he had been a Christian since he was a young boy and had empathy for the people that had just spoken. However, as an elected official, he had taken an oath of allegiance to the Constitutions of the United States and California. Part of those oaths of allegiance were to carefully and deliberately separate his individual Christian -principled actions from his actions as a Councilmember and he did not believe the City had direct authority on this issue. A substitute motion was made by Edgar, seconded by Kennedy, to table Resolution No. 89-38. Councilman Hoesterey said he was opposed to abortion on demand, but felt the Resolution did not solve the problem. Certain paragraphs of the Resolution pertaining to Constitutional issues, if adopted, could jeopardize the City legally and financially. He wanted the Resolution modified to eliminate legal aspects and, through other powers available to the City such as Conditional Use Permits or land - use planning, address the issue with that power. The substitute motion was amended, maker and second agreeable, to modify Resolution No. 89-38 rather than table it. Councilman Prescott stated history books were currently being written on the Holocaust and revealed German local governments were too politically intimidated to voice their opposition. In forty years, when history is written on this era, he did not want history to record that Tustin was intimidated and refused to take action. The substitute motion carried 3-2, Kelly and Prescott opposed. 81 ORDINANCES FOR INTRODUCTION 1. AUDIT COMMITTEE - ORDINANCE NO. 1022 It was moved by Edgar, seconded by Hoesterey, that Ordinance No. 1022 have first reading by title only. The motion carried 5-0. Following first reading by title only of Ordinance No. 1022 by the City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 1022 be introduced as follows: ORDINANCE NO. 1022 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE TO ESTABLISH THE AUDIT COMMITTEE It was moved by Kennedy, seconded by Edgar, that the membership of the Audit Committee consist of five members, four who are registered voters in the City and one who may be a registered voter within the service, area of the Tustin Water Works; and Ordinance No. 1022 be amended accordingly. Mayor Kennedy said this amendment was important because the Audit Committee had access to very sensitive City documents. She felt extremely hesitant having two members of a committee, with that kind of power and review authority, be non-residents. She thought it was important that the power of Tustin remain with the voters of Tustin. CITY COUNCIL MINUTES Page 6, 3-6-89 Councilman Prescott noted he had suggested the original wording of the Ordinance in order that Frank Greinke or Walter Sullens could remain on the Audit Committee. As an amendment to the second motion, maker and second agreeable, Councilman Hoesterey suggested, because there were members currently serving who may not meet the proposed criteria, that the Ordinance be implemented with the current membership (3-2 provision) and add a statement indicating that upon the first reappointment tpin 1992 the membership would then convert to a 4-._ member _ Both motions carried 5-0. 27 X. ORDINANCES FOR ADOPTION 1. ZONE CHANGE 88-02 TO REZONE PROPERTY LOCATED AT 1432 SAN JUAN STREET (SAN JUAN APARTMENTS) - ORDINANCE NO 1019 It was moved by Edgar seconded by Kelly, that Ordinance No. 1019 have second reading by title only. The motion carried 55=0. Following second reading by title only of Ordinance No. 1019 by the City Clerk, it was moved by Hoesterey, seconded by Prescott, that Ordinance No. 1019 be passed and adopted as follows: ORDINANCE NO. 1019 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 88-02, TO REZONE PROPERTY LOCATED AT 1432 SAN JUAN STREET FROM PC -C1 (PLANNED COMMUNITY/RETAIL COMMERCIAL) TO R-3 (2200) (MULTI -FAMILY RESIDENTIAL) The motion carried 3-2, Kennedy and Edgar opposed. (Roll call vote) XI. OLD BUSINESS 1. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY SESSION - PROPOSED SECOND AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN FOR THE TOWN CENTER REDEVELOPMENT PROJECT AREA Councilman Prescott stated he would abstain regarding this subject matter. At 9:00 p.m., Mayor Kennedy called to order the joint session of the Tustin Redevelopment Agency and the Tustin City Council. The City Clerk recalled the roll of the City Council and called the roll of the Redevelopment Agency. All members of the Council/ Agency were present except Councilman Prescott. (Councilman Prescott returned to the joint meeting at approximately 9:05 p.m.) Mayor Kennedy reviewed the procedures that were followed at the Public Hearing held on February 21, 1989, ,and declared at tonight's session staff would present, for Council/Agency consideration, the written responses to the written objections received from affected Project Area property owners and taxing agencies. Christine Shingleton, Director of Community Development, reported that State law required the Council/Agency to present written findings in response to written objections received from affected property owners or taxing agencies on any proposed Plan amendment; and must respond in writing to those written objections describing the disposition of the issues raised and addressing the objections in detail, giving reasons for not accepting certain specified objections and suggestions. At the last Council/Agency meeting, written objections were received from Elizabeth M. Dreher and Dennis Hayden, on behalf of Shirley Griset and Virginia Stevens. She indicated that staff had submitted to the Council/Agency an exact response summary of each written objection and a summary response to each specific concern. She noted that, based upon reasons provided in the subject Resolution, the Tustin Redevelopment Agency/City Council ;UJ Page 7, J-$-89 would affirm that adoption of the amendment would remain in the best interest of the project area and the City at large. She requested the record reflect written responses had been presented and adoption of the subject Resolution would reflect action upon those written responses. Staff also provided Council/Agency, although not required by law, with a summary of oral objections and questions brought forward during the Public Hearing. Mayor Kennedy noted that one of the sections being added to the amendment provided for a Certificate of Compliance. She j requested agendizing the issuance of a Certificate of Compliance for conformance to the Redevelopment Area for Prospect Park, Packers Circle and Palmwood Condominiums. Council concurred. It was moved by Edgar. seconded by Hoesterev, to approve the following: 1. Adopt the following Resolution No. 89-26 overruling written and oral objections and adopting written findings in response to written objections received and overruling such written objections: RESOLUTION NO. 89-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OVERRULING WRITTEN AND ORAL OBJECTIONS AND ADOPTING WRITTEN FINDINGS IN RESPONSE TO WRITTEN OBJECTIONS' RECEIVED FROM AFFECTED PROPERTY OWNERS AND TAXING ENTITIES AND OVERRULING SUCH WRITTEN OBJECTIONS TO -THE PROPOSED SECOND AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN FOR THE TUSTIN TOWN CENTER AREA REDEVELOPMENT PROJECT Councilman Kelly voiced his objection that a prepared script, written at the February 21, 1989 joint session, was used during the proceedings and prescribed the approval of the Resolution overruling written and oral objections. He stated it had been completed in advance and Council, was performing a hoax when the public had clearly indicated opposition against the retention of eminent domain power for twelve additional years. He wanted the record to reflect that he would vote approval, but was vehemently opposed to Council/Agency retaining the authority of eminent domain for twelve years. Mayor Kennedy explained that she occasionally extemporizes and, when staff offered the use of a script to avoid omission of legal requirements, she gratefully accepted. Mayor Pro Tem Edgar responded that because revision to the Redevelopment Plan required compliance with newly enacted laws and because this was a litigious society, he felt it would_:, be improper for Council to depend upon their mental recall ability involving a project that would stand the scrutiny of those choosing to sue the City. Use of the script did not prevent each Councilmember from adding personal comments. He did not want the City vulnerable to lawsuits and wholeheartedly supported the use of a script. William Huston, City Manager, clarified that the script provided for the Mayor pertained only to procedural aspects of the hearing, it did not apply to the merits of the Redevelopment Agency extending condemnation authority, and was strictly an outline for the Mayor on how to conduct the hearing based on State law. Councilman Hoesterey disagreed that this had been a predetermined situation and noted the fact that Council would be considering the potential passage of blanket Certificates of Compliance. He felt this Council was the most receptive of any agency to public input and concerns. The motion carried 4-0, Prescott abstained. It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 1021 have first reading by title only. The motion carried 4-0, ,Prescott abstained. Following first reading by title only of Ordinance No. 1021 by the City Clerk, it was moved by Edgar, CITY COUNCIL MINUTES Page 8, 3-6-89 seconded by Hoesterev, that Ordinance No. 1021 be introduced as follows: ORDINANCE NO. 1021 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN FOR THE TUSTIN TOWN CENTER AREA REDEVELOPMENT PROJECT Mayor Pro `Tem Edgar requested a correction on Page 5 of the Ordinance, Section 10, to reflect an action date of December 5, 1988, instead of December 5, 1989. The motion carried 4-0, Prescott abstained. At 9:16 p.m., the joint session of the City Council and Redevelopment Agency was adjourned and the City Council meeting reconvened. 2. STATUS REPORT - JOHN WAYNE AIRPORT NOISE. MONITORING PROGRAM (JWA), COALITION FOR, A RESPONSIBLE AIRPORT SOLUTION (CRAS), AIRPORT SITE COALITION (ASC) AND HELICOPTER OVERFLIGHT PROGRAM TASK FORCE (HOPTF) Councilman Kelly reported on his attendance at the CRAS meeting where he viewed a slide presentation informing citizens on the area devastation that would occur if joint use or conversion of the El Toro Marine Base was approved. Council concurred to agendize the slide presentation at a future Council meeting. Christine Shingleton, Director of Community Development, gave a staff report as contained in the Community Development Department memorandum dated March 6, 1989. Councilman Hoesterey, in commenting on the helicopter routes, pointed out it was not only a matter of opposition from an - environmental viewpoint, but there were legal agreements on deed. restrictions and lana use requirements based upon negotiation of, the corridors currently in effect. To waiver from those corridors would have not only a significant effect upon the environment but on the legal use of those properties. Mayor Kennedy advised the Community Development Director how strongly the Council felt regarding the protection of the subject area and Council would provide staff with whatever assistance was needed. It was moved by Kelly, seconded by Hoesterev, to receive and file subject report. The motion carried 5-0. 101 XII. NEW BUSINESS 1. AWARD OF CONTRACT FOR SLURRY SEAL PROJECT, 1988-89 FY It was moved by Hoesterev seconded by Edgar, to award the subject contract to Doug Martin Contracting Company, Inc., of La Habra, in the amount of $173,307.06. The motion carried 5-0.868 2. REQUEST FOR TREE REMOVALS It was moved by Hoesterev, seconded by Edgar, to approve the,' following: 1. Approve tree removals at the following locations: 14661 Dartmouth Circle, 14322 Cloverbrook Drive, 1872 S. Sandwood Place and 1703 Stonehenge Drive, 2. Deny requests for tree removals at the following locations: 275 E. Main Street and 515 S. "B" Street. The motion carried 5-0. 3. SHOP EQUIPMENT AND ROLLING STOCK EOR It was moved by Hoesterev seconded by Edgar, to authorize the CITY COUNCIL MINUTES Page 9, 3-6-89 purchase of rolling stock and shop equipment as follows: one Alignment Equipment from Myers Tire Supply in the amount of $19,393.41; one Truck with truck body from Guaranty Chevrolet in the amount of $18,518.31; one Dump Truck from Fuller Ford in the amount of $18,767.61; two Pick-up Trucks with lift bed.. from George Chevrolet, Inc, in the amount of $30,904.30; and one 16" Brush Chipper from Vermeer California, Inc. in the amount of $13,089.47. The motion carried 5-0. 86 4. FINAL TRACT MAP NO. 13834 - TUSTIN AUTO CENTER EXPANSION Christine Shingleton, Director of Community Development, requested that Page 2, Section II, of Resolution No. 89-30 be changed as follows: The City Council hereby approves Final Tract Map No. 13834 subject to final approval of all monumentation bonds, agreements and grant deeds for the subject parcels and also authorizes the City Manager to execute same. All bonds, agreements and deed requirements shall be approved by the City Attorney and Director of Public Works prior to recordation of Final Tract Map 13834. It was moved by Hoesterev, seconded by Edgar, to approve Final Tract Map 13834 by the adoption of the following Resolution No. 89-30 as revised above: RESOLUTION NO. 89-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 13834 The motion carried 5-0. 99 5. RESOLUTION - CITY OF WESTMINSTER, SUPPORTING LEGISLATION REGULATING PORNOGRAPHIC MATERIAL Councilman Prescott had received a request from Assemblymember Ferguson and the City Council of Westminster requesting support of Assembly Bill 2092, which would prohibit the sale of pornographic material in coin-operated vending machines in locations accessible to minors. . William Huston, City Manager, clarified that Assemblyman Ferguson was introducing legislation to amend Assembly Bill 2092 and a copy of that amendment and the Bill number was not currently available. Councilman Hoesterey recalled the City's eleven -page ordinance on pornography and adult business that was passed by the Council in 1980 and proved to be one of the most effective Ordinances in the County. He recommended that a copy of that Ordinance be forwarded to Assemblyman Ferguson for two reasons (1) elements of the Ordinance may assist other communities and (2) Mr. Ferguson's legislation may not diminish the effectiveness of the City's Ordinance. Council discussion followed to clarify the purpose of Assemblyman Ferguson's legislation. It was moved by Prescott, seconded by Kelly, to adopt the following Resolution No. 89-39: RESOLUTION NO. 89-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING ASSEMBLYMAN GIL FERGUSON'S BILL TO BAN THE SALE OF PORNOGRAPHIC MATERIAL FROM ANY PUBLIC PLACE FROM WHICH MINORS ARE NOT EXCLUDED Mayor Pro Tem Edgar agreed that the City's Ordinance on this subject had been effective and he had no misgivings about lending support to anyone attempting to minimize the problem throughout the State. The motion carried 5-0. 81 Z CITY COUNCIL MINUTES Page 10, 3-6-89 6. RESOLUTION REGARDING CONSOLIDATION OF THE ORANGE COUNTY TRANSPORTATION COMMISSION AND ORANGE COUNTY TRANSIT DISTRICT It was moved by Kelly, seconded by Prescott, to adopt the following Resolution No. 89-37: RESOLUTION NO. 89-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT A JOINT POWERS AGREEMENT OR MEMORANDUM OF UNDERSTANDING CONCERNING TRANSPORTATION PLANNING BE EXECUTED IN LIEU OF CONSOLIDATING THE _ ORANGE COUNTY TRANSPORTATION COMMISSION AND ORANGE 'COUNTY TRANSIT' DISTRICT Mayor Pro Tem Edgar reported that the Resolution would be forwarded to all City Council members in Orange County, Orange County Board of Supervisors, and all State legislative delegations. The motion carried 5-0. 101 7. TERMS OF PARKS AND RECREATION COMMISSIONERS Councilman Prescott said his interpretation of the recently adopted Resolution concerning this subject indicated that the Commissioners were serving without appointment and he wanted to legitimize their positions by reappointment. After Council/staff discussion regarding the terms and status of the Commissioners, it was moved by Edgar, seconded by Hoesterev, that Parks and Recreation Commissioners be assigned terms in accordance with the Ordinance and lots previously drawn by the Commissioners. A substitute motion was made by Prescott, seconded by Edgar, to direct staff to research previous Council action taken on the terms of Parks and Recreation Commissioners and then resubmit for Council action. The substitute motion carried 5-0. 76 8. RESOLUTION REGARDING THE ABORTION CENTER OF ORANGE COUNTY Please see Page 4 of these Minutes. 9. SANTA ANA AREA TRAFFIC STUDY It was moved by Edgar, seconded by Hoesterev, to authorize the City Manager to execute an agreement with Austin -Foust Associates and appropriate $15,000 from the General Fund reserve for services performed under the agreement. Councilman Kelly voiced his opposition to the motion and felt it was inappropriate to be involved in the affairs of the City of Santa Ana. Councilman Hoesterey said it was well-known that there would be a proliferation of high-rise office buildings on the boundaries of Santa Ana. He noted the increased traffic impact upon the City of Tustin, as previously witnessed through concerns about St. Jeanne de Lastonnac School; and the lack of environmental,' studies for the area. He felt it would be irresponsible to not take appropriate action. Councilman Prescott suggested the City Council of Tustin meet with the City Council of Santa Ana and attempt to resolve the issue. He was fearful of possible litigation and the resulting division between the two cities. Mayor Pro Tem Edgar stated there had been aggressive efforts in the past to instigate that type of cooperation, but unfortunately, there had been deliberate action to mask General Plan amendments. He did not view the recommended action as a confrontation but as a message to the City of Santa Ana that Tustin was apprehensive concerning traffic and a thorough C.:,Tv CC rr Vii: VT. Page 11, 3-6-89 technical data base would provide the City with traffic impact knowledge. Mayor Kennedy said recently the City of Santa Ana avoided noticing Tustin of a General Plan amendment and, she believed, quadrupled the density of projects on Seventeenth Street and Tustin Avenue. The City's response is to force Santa Ana to mitigate, as current law required. If the City did not force the issue, Tustin would lose and the residents would suffer. The motion carried 4-1, Kelly opposed. 100 -' 10. TERMS OF PLANNING COMMISSIONERS It was moved by Hoesterey, seconded by Edgar, to direct staff to research previous Council action taken on the terms of the Planning Commissioners and then resubmit for Council action. Councilman Prescott did not believe the same confusion existed with the Planning Commission terms and suggested that the Council advertise their intent to reappoint the Planning Commission. The maker and the second withdrew the motion. Council/staff discussion followed regarding length of term language interpretation of ordinance No. 1015. It was moved by Prescott, seconded by Hoesterey, to advertise Council's intent to reappoint the Planning Commission, interview the prospective candidates on April 17, 1989, and agendize appointment of the Planning Commission on May 1, 1989. The motion carried 5-0. 80 11. ASSAULT WEAPONS Fred Wakefield, Acting Chief of Police, gave a staff report indicating that at the present time handgun purchasers are required to wait 15 days before receiving their weapon. During that time their criminal record and background are checked whereas an adult buyer of a longer -barreled gun (including assault rifles) does not have to complete such a process. He defined assault rifles and how they are easily converted to fully automatic weapons, which have been outlawed in the. United States for approximately 50 years. He explained that Assembly Bill 357 and Senate Bill 292 address the problem of assault weapons and cited major provisions of the Bills. The following members of the community spoke in opposition to proposed Resolution No. 89-34: Craig Stevens, 1636 Iowa Street #D, Costa Mesa one speaker (unidentified)` Arnold Gaunt, 17331 Village Drive, Tustin The following members of the community spoke in support of proposed Resolution No. 89-34: Jack Miller, Tustin Sandra Van Dorn, 13849 Apache, Tustin Jim Maynard, 18571 Saugus Avenue, Santa Ana Councilman Prescott stated that if this legislation passed, it would not prohibit ownership of an assault weapon but would control purchasing and identify owners. He shared a recent jury duty experience and because of that experience, supported the proposed legislation. Mayor Pro Tem Edgar believed in the Constitutional right to bear arms but did not visualize the use of semi-automatic weapons as legitimate sport activity. For those reasons, he would support the Resolution. CITY COUNCIL MINUTES Page 12, 3-6-89 Councilman Hoesterey commented he would support the legislation because it established a commission to review and administer firearms. He felt the Bills would be modified prior to adoption through public input at the appropriate State level. For each individual City to set their own policies was futile and introduction of these Bills would begin the process at the proper State level. Councilman Kelly voiced his opposition to the Resolution and stated that the authors of the Bills were opportunistic, liberal democrats attempting to further their political careers and', restrict the rights of citizens. Mayor Kennedy stated that for a balanced approach between Constitutional rights and the danger of assault weapons she would support the Resolution. Council concurred (4-1, Kelly opposed) to adopt the following Resolution No. 89-34: RESOLUTION NO. 89-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING BILLS SB 292 AND AS 357 PERTAINING TO LIMITED'REGULATION OF ASSAULT WEAPONS 82 12. AGREEMENT BETWEEN THE IRVINE COMPANY AND THE CITY OF TUSTIN PERTAINING TO TUSTIN AUTO CENTER, PUBLIC IMPROVEMENTS It was moved by Hoesterey seconded by Edgar, to authorize the Mayor to execute subject agreement, authorize the City Attorney and City Manager to approve the final form of the exhibits to the agreement and appropriate $558,000 from the General Fund reserve for construction of the public improvements. James Rourke, City Attorney; noted that minor language changes in the agreement and exhibits would be subject to final approval - by himself and the City Manager. Mayor Kennedy asked 'for review of the project because she was concerned about the importance of providing proper flood control for the City. William Huston, City Manager, responded that the agreement involved two levels of improvement, interim and permanent. The permanent E1 Modena Channel improvement would be expansion to its ultimate width and interim improvements would be storm drains located within the auto center that would empty into the E1 Modena Channel. The only risk was that in 1 out of every 100 years there could be flooding until the permanent improvement was completed. However, the flooding would cause no structural damage and was a minimal risk. Further discussion followed between Council and the City Manager regarding the proposed project. The motion carried 4-0,. Kelly abstained. 45 13. AUTHORIZE PURCHASE OF FURNISHINGS FOR THE TUSTIN AREA SENIOR CENTER It was moved by Hoesterey, seconded by Edgar, to approve the following: 1. Authorize purchase of furnishings for the Tustin Area Senior Center in the amount of $87,508.08 from the following vendors: Vertex Business Interiors, Tustin - $67,012.52; Reel/Grobman Services, Inc., Santa Ana - $7,018.00; PHH, Furniture Consultants, Los Angeles - $12,817.70 and Office Furniture Specialists, Inc., Long Beach - $664.86 2. Appropriate $25,000 from the General Fund to complete funding for the purchase. Discussion followed between Councilman Prescott and staff regarding the bid process used for this project. C_,', -- 'C1 L, _ : U ..: Page 13, 3-6-89 The motion carried 5-0. 41 XIII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - FEBRUARY 27, 1989 It was moved by Edgar. seconded by Kelly, to ratify the Planning Commission Action Agenda of February 27, 1989. Mayor Kennedy expressed her disappointment that the Irvine Company was discourteous to staff during the discussion and review of colors for the golf course club house and she was also disappointed in Commissioner Weil's statement of having no right to give 'input to a private business. She suggested that Council have a joint session with the Planning Commission after the May 1, 1989, reappointments. The motion carried 5-0. 80 2. JAMBOREE ROAD GRADING AND DRAINAGE PROJECT BETWEEN TUSTIN RANCH ROAD AND CHAPMAN AVENUE RELOCATED (ORANGE) It was moved by Hoesterey, seconded by Edgar, to receive and file subject report. The motion carried 5-0. 86 3. MID -YEAR BUDGET REVIEW It was moved by Hoesterey, seconded by Edgar, to continue this matter at the March 20, 1989 Council meeting. The motion carried 55=0• 50 XIV. PUBLIC INPUT I.. TWELVE YEAR EMINENT DOMAIN AUTHORITY Richard Vining, 400 W. Main Street, -Tustin, asked how it was determined to extend the Redevelopment Agency's eminent domain authority for a twelve-year period. Christine Shingleton, Director of Community Development, responded that the maximum time period established by California Redevelopment law for eminent domain authority was twelve years and the Council/Agency had the discretion to change that time period. Mr. Vining suggested that the twelve-year period be scrutinized. XV. OTHER BUSINESS 1. SEMI-AUTOMATICS/OPTIONAL PRIMARY POLICE DEPARTMENT WEAPON Councilman Prescott wanted the Council to consider the subject of asemi-automatic as a primary weapon option for the Police Department and requested the matter be agendized at the March 20, 1989 meeting. 2. CERTIFICATE OF COMPLIANCE FOR TENANTS Councilman Prescott questioned how a tenant could receive a Certificate of Compliance in a non -conforming business/shopping center and he felt some tenants had been given the impression they could apply for a Certificate of Compliance. Christine Shingleton, Director of Community Development, responded that she was not aware of any Certificate of Compliance process extended to tenants. There was a tenant participation process established by the Council/Agency enabling business owners and tenants to respond to the Redevelopment Plan. 3. DINNER MEETING WITH THE SANTA ANA CITY COUNCIL Councilman Prescott requested agendizing the date when the City Councils of Tustin and Santa Ana would meet for dinner. CITY COUNCIL MINUTES Page 14, 3-6-89 4. DEFINITION OF "PUBLIC" GOLF COURSE Mayor Pro Tem Edgar noted the Tustin Ranch Golf Course had been called a "public" golf course and requested staff submit a precise definition of that title. Council could then take action, if necessary, to insure that the golf course would remain permanently available for public use. 5. REZONING OF SPECIFIED RESIDENTIAL AREAS TO COMMERCIAL Mayor Pro Tem Edgar noted two specific areas in tthe City, one near Packers Square and one on Seventeenth Street west of Pomona Savings, where the continuity of commercial property had been broken by residential property. He felt it would be beneficial to rezone that property, and others that may exist in the City, to commercial with a grandfather clause and requested that those elements be included in the revised General Plan when it was submitted to Council for action. 6. PUBLIC INPUT REGARDING CITY HALL RENOVATION Mayor Pro Tem Edgar requested there be an opportunity for citizens to reviewf the proposed renovation plans for City Hall and give input. 7. CAPITAL IMPROVEMENT BUDGET WORKSHOP ON APRIL 3, 1989 Mayor Pro Tem Edgar reminded staff that Council had scheduled a capital improvement budget workshop for April 3, 1989. 8. EXTENSIVE WEEDS ON PROPERTY AT GARLAND/RED HILL AVENUES Councilman Kelly reported an extensive amount of weeds on the property at Garland and Red Hill Avenues. Mayor Kennedy directed staff to investigate. i 9. I-5 FREEWAY SOUND BARRIERS Mayor Kennedy reported on. a letter received from Dwight . Woolhouse, Tustin resident, requesting information concerning I-5 sound barriers. She requested a staff report regarding plans for I-5 sound barriers throughout the City. 10. CALTRANS MEETING, MARCH 14, 1989 Mayor Kennedy clarified that the Caltrans meeting to be held on March 14 would not be conducted by the Council, but they would be in attendance. 11. GRAFFITI REMOVAL PROGRAM Councilman Prescott commended the Public Works Department for their excellent response to graffiti removal. 12. CAR THEFT DETECTION PLAN Mayor Kennedy questioned the feasibility of a car theft detection plan for the City. Staff will submit further information when it becomes a viable tool in Southern California. 13. TILLER DAYS/PARADE COORDINATION . Councilman Hoesterey requested that staff meet with the Tiller Days Committee and the Jaycees to coordinate the mechanics of the event. Even though the City was not responsible for the operation of the event, it was a direct reflection upon the City. XVI. CLOSED SESSION Mayor Kennedy announced that the City Council would recess to Closed session to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; and, based on existing facts and circumstances, the City Council has Page 15, 3-6-89 decided to initiate or is deciding whether to initiate litigation. Said Closed Session is held pursuant to the authority of California Government Code Section 54956.9(c). XVII. ADJOURNMENT At 11:10 p.m., the meeting recessed to the Redevelopment Agency, then to the above Closed Session, then adjourned to the Caltrans meeting on Tuesday, March 14, 1989, at 6:00 p.m., and then to the next Regular Meeting on Monday, March 20, 1989, at 7:OO p.m. I MAYOR TY CLER