HomeMy WebLinkAboutCC MINUTES 1989 02 21MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
FEBRUARY 21, 1989
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Kennedy at 7:04 p.m. in the
City Council Chambers, 300 Centennial Way. The Pledge of Allegiance
was led by Councilman Kelly.
II. INVOCATION
11-- Due to the absence of Pastor Jack Lee, the Invocation was given by
Councilman Hoesterey.
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
Susan Jones, Recreation Superintendent
Lloyd Dick, Building Official
Laura Kuhn, Senior Planner
Steve Rubin, Senior Planner
Mary Ann Chamberlain, Associate Planner
Court Reporter for Public Hearing No. 1
Approximately 140 in the audience
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- IV. PROCLAMATIONS
1. CHAMBER OF COMMERCE OFFICER OF THE MONTH
Mayor Kennedy read the proclamation honoring Police Officers of
the Month chosen by the Chamber of Commerce. Mayor Kennedy,
assisted by Dr. Charles Olson, President, Tustin Chamber of
Commerce, presented proclamations to those officers present:
Mike Clesceri, Bill Fisher, Dave Gora, Robert LaBarge, Tara Tolan
and Pat Welch.
Sgt. Bill Fisher, on behalf of the recognized officers, expressed
his pleasure of working in the City of Tustin and appreciation
for the honor bestowed upon them. 84
2. JOHNS FAMILY, OWNERS OF SHIRLEY'S MARKET
Mayor Kennedy read and presented a proclamation to Shirley and
Lester Johns, honoring them for their many contributions to the
homeless.
Shirley Johns said the proclamation belonged to the people of
Tustin who responded generously to requests for assistance and
contributions.
Lester Johns reminded everyone that their program would be o
going.
V. PUBLIC HEARINGS
1. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING PROPOSED
SECOND AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN FOR THE TOWN
CENTER REDEVELOPMENT PROJECT AREA
Mayor Kennedy stated this Public Hearing, in order to meet legal
requirements, would be formally conducted and read from a script.
She reminded the audience that everyone, at the appropriate time,
CITY COUNCIL MINUTES
Page 2, 2-21-89
would have an opportunity to speak. She encouraged them to do
so and to complete the necessary forms prior to addressing the
Council/Agency.
At 7:17 p.m., Mayor Kennedy called to order the joint session of
the Tustin Redevelopment Agency and the City Council of the City
of Tustin. The City Clerk recalled the roll of the City Council
and called the roll of the Tustin Redevelopment Agency. All
members of the City Council/Agency were present.
Councilman Prescott stated he would abstain regarding this
subject matter.
Mayor Kennedy opened the Public Hearing at 7:19 p.m. and read the
Statement of Procedures.
Christine Shingleton, Director of Community Development,
summarized for the audience that the Proposed Amendment was not
expected to directly effect private property and there were no
proposed changes in boundaries or additional uses in the Town
Center Redevelopment Plan. The Proposed Amendment would not
increase taxes on property within the project area. She then
highlighted the critical aspects of the Proposed Second
Amendment: (1) addition of certain public improvements, (2)
increased limit on the principal amount of bonded indebtedness
that can be outstanding, (3) restate the tax increment limit, (4)
extend Agency's powers of eminent domain and (5) revise and
update portions of the Town Center Redevelopment Plan's language
and clarify the roles of the Agency, property owners and
businesses.
Martha Nessel, representing Katz Hollis Coren & Associates,
Redevelopment Agency consultant, reviewed the twelve parts of the
Plan Amendment's record.
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James Rourke, City Attorney, read the major evidentiary findings
of the proposed ordinance adopting the Redevelopment Plan.
Mayor Kennedy requested written comments on the Second Amendment
to the Amended Redevelopment Plan be submitted for the record.
The City Clerk read opposing written comments from the following:
Dennis D. Hayden, 2014 N. Broadway, Santa Ana
Elizabeth M. Dreher, 332 Prospect Pk. North, Tustin
The City Clerk read neutral written comments from the following:
Robert P. Gotelli, 1901 Harrison St., Oakland
Gary Streed, County Sanitation Districts
The following members of the community spoke or asked questions
reflecting a neutral position on the Amendment:
Joe Martin, #1 Rimrock, Irvine
Len Miller, 501 W. Edgewater, Newport Beach
Gordon Lawrence, 17421 Laurie Lane, Tustin
William Coles, 401 E. First Street, Tustin
Charlotte Pratt, 423 E. First Street, Tustin
Richard M. Vining, 400 W. Main Street, Tustin
Louise Doyle, 1101 Packers Cir. #14, Tustin
Alan Zeitlin, 2038 Gillilan Street, Placentia
Joseph Casasanta, 2213 Arden Street, Santa Ana
Robert LaBarge, 2218 E. Parkside, Orange
Michael G. Cibellis, 392 Prospect Pk. North, Tustin
Mayor Kennedy requested input from those in favor of the
Amendment and there were no speakers.
The following members of the community spoke or asked questions
reflecting an opposing position on the Amendment:
Al Potenza, 1742 Greenmeadow, Tustin
Shirley Griset, 27245 Aurora Drive, Hemet
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CITY COUNCIL MINUTES
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Pat Lester, 219 Albert Place, Tustin
Sharon Roadman, 6 Cool Brook, Irvine
James A. Olson, 1101 Packers Cir. #2, Tustin
Mike Gallas, 17952 Irvine Blvd., Tustin
Ken Tichy, 1914 N. Mabury Street, Santa Ana
Andrea Haynes, 1101 Packers Cir. #7, Tustin
Anne McCaffrey, 17978 Irvine Blvd., Tustin
At 8:09 p.m., the meeting was recessed for twenty minutes.
Diane Hadland, Katz Hollis Coren & Associates, Redevelopment
Agency consultant, responded to questions asked previously
regarding tax increment revenues.
James Rourke clarified that the Redevelopment Agency does not in
itself increase taxes, but the Agency would receive a portion of
regular property taxes.
Christine Shingleton responded to questions asked previously
regarding the Certificate of Compliance process; the potential
impact of resale of property and property values; potential
projects in the area and condemnations; property appraisal
procedures; business owner participation; environmental impact
reports; and blighted areas. She specifically stated that the
Agency had no plans for condemnation of any properties within the
community.
A question -and -answer period followed between staff and members
of the audience who had previously spoken.
The following members of the audience spoke in opposition to the
subject matter:
Carole Bryant, 15500 Tustin Village Way, Tustin
Charles C. Jones, 1101 Packers Cir., Tustin
Mayor Kennedy closed the Public Hearing.
Councilman Hoesterey reviewed what was previously stated and
clarified the following: a Redevelopment Agency did not change
the amount of property taxes paid by property owners, the
Agency's primary purpose was to divert a portion of the property
tax monies from the County to the City for projects and
rehabilitation; friendly condemnation was for property owner tax
advantage purposes and was used more to the advantage of the
property owner than the Agency's; one purpose of the Amendment
was to amend the uses for funding and the amount of money
available; and the majority of the property within the area had
been built in conformance with the plan and it was unlikely that
eminent domain would be adopted in order to reuse the property,
but there was no property within the City, including his own,
that was not subject to some form of eminent domain.
Mayor Pro Tem Edgar commented that the Agency, since his
membership in 1976, had not used eminent domain to condemn land
and noted the years expended and the Council's sensitivity shown
during the acquisition of property at Red Hill and Walnut
Avenues. He noted that projects such as the City Hall expansion,
park improvements, Senior Center, and enhancement of the water
system are possible due to financing through the Redevelopment
Agency. He pledged his continuing sensitivity to eminent domain
concerns and he did not anticipate condemnation of any property
within the Redevelopment area.
Discussion followed between Mayor Kennedy and an unidentified
member of the audience regarding eminent domain.
At Mayor Kennedy's request, Mayor Pro Tem Edgar reviewed projects
and improvements that had enhanced the City through Redevelop-
ment Agency financing and procedures.
Councilman Kelly said overall he was supportive of Redevelopment
Agency activity. He expressed dissatisfaction with two areas:
(1) financial gains resulting from tax increments were not shared
CITY COUNCIL MINUTES
Page 4, 2-21-89
with the school district and (2) eminent domain. He recalled the
Plaza LaFayette Center as an example. He did not believe
government should participate in speculative real estate
transactions with developers and wanted the Council to promise
residents that the force of eminent domain would not be used.
Mayor Kennedy pointed out that any government body had the power
of eminent domain, but the people had the power to elect or
defeat members of the Council every two years. Historically, the
Council had never condemned property and she encouraged the —�
electorate to use their power when electing future Councils to',
insure the same action. She stated the Council did not move in,
haste and cited several dates in the chronology of events leading
to this public hearing. She reminded everyone that all agenda
information and reports were available to the public at the
Police Department and the Tustin Library prior to every
Council/Agency meeting; and charged the public with the
responsibility of using that information to gain appropriate
Council action.
Mayor Kennedy stated that written responses to written objections
received from property owners and taxing agencies would be
provided at a joint meeting of the Redevelopment Agency and the
City Council to be held on March 6, 1989, in the Council
Chambers. At the same session, the Agency and the Council would
proceed to consider adoption of the Second Amendment to the
Amended Redevelopment Plan.
At 9:45 p.m., the joint public hearing of the City Council and
the Redevelopment Agency was closed and the City Council meeting
was reconvened. 60
2. SUBSTANDARD PROPERTY AND ATTRACTIVE NUISANCE LOCATED AT 13662
GREEN VALLEY
Lloyd Dick, Building Official, gave a staff report noting the
multiple violations and non-compliance of City Codes regardingi
the property at 13662 Green Valley.
The Public Hearing was opened at 9:47 p.m. There were no
speakers regarding this matter and the Public Hearing was closed.
It was moved by Hoesterev, seconded by Kelly, to adopt the
following Resolution No. 89-14 declaring the property at 13662
Green Valley a public nuisance and authorize the City Attorney
to file legal action against the property owner compelling them
to complete all work and maintain the property:
RESOLUTION NO. 89-14 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DECLARING THAT CONDITIONS ON THE
PROPERTY LOCATED AT 13662 GREEN VALLEY (AP# 500-082-07)
CONSTITUTE A PUBLIC NUISANCE
The motion carried 5-0. 81
3. DECLARING A PUBLIC NUISANCE - 170 EL CAMINO REAL
Laura Kuhn, Senior Planner, gave a background report concerning
the property and submitted photographs recently taken by staff.
Councilman Prescott questioned if the correct person had been
noticed since the property had been involved in a divorce'_
settlement. He suggested that staff research through a title
company to determine the owner rather than notice the person
receiving the property tax invoice.
At 9:52 p.m., the Public Hearing was opened.
The following members of the community spoke in favor of the
recommended action:
Bart Beam, 150 E1 Camino Real, Tustin
Helen Lawrence, E1 Camino Real, Tustin
Bruce Crane, 150 E1 Camino Real, Tustin
CITY COUNCIL MINUTES
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VI.
There were no other speakers on the matter and the Public Hearing
was closed.
It was moved by Prescott seconded by Kelly, to approve the
following:
1. Adopt the following Resolution No. 89-25 declaring conditions
at 170 E1 Camino Real to be a public nuisance:
RESOLUTION NO. 89-25 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DETERMINING THAT CERTAIN
CONDITIONS ON THE PROPERTY LOCATED AT 170 EL CAMINO REAL (AP
# 401-571-05) CONSTITUTE A PUBLIC NUISANCE AND HEREBY ORDERING
THE ABATEMENT OF SAID NUISANCE
2. Approve the charges of Nine Hundred Three Dollars and Twenty
One Cents ($903.21) against the property as a special
assessment and lien for the abatement of trash and weeds at
170 E1 Camino Real by the City of Tustin Public Works
Department under the provisions of Tustin City Code 4411 et.
seq. (Ordinance No. 155)
3. Authorize the City Attorney to file legal action against the
property owners compelling them to complete all work and
maintain the property.
Mayor Pro Tem Edgar questioned staff about measures to accelerate
the demolition of the building.
Christine Shingleton, Director of Community Development,
indicated that Council, at their February 6, 1989 meeting,
authorized the Building Official to initiate the inspection and
abatement procedures, which have separate legal requirements.
When the Building Official's report and notification process was
completed, staff would submit information to Council for further
appropriate action.
The motion carried 5-0.
4. 15751 CALIFORNIA STREET
M"
It was moved by Hoesterey, seconded by Edgar, to table subject
matter at this time. The motion carried 5-0. 81
PUBLIC INPUT
1. I-5/55 INTERCHANGE FLYOVER - TUSTIN VILLAGE WAY COMPLEX
Donna Wilson, 15500 Tustin Village Way, Tustin, expressed her
concern about the I-5/55 Interchange flyover and questioned if
the agenda and information to be presented at the March 14, 1989
Caltrans meeting was known at this time and would 'that
information be available to the homeowners prior to the meeting.
Robert Ledendecker, Director of Public Works, responded that
notices had been mailed to the homeowners informing them of the
Caltrans meeting on March 14, 1989 at 6:00 p.m. Caltrans had
indicated that during the week prior to March 14, Caltrans would
conduct an informational preview session with the homeowners
association.
Council/staff discussion following regarding Council's attendance
at the March 14 meeting and Council concurred to convene for
that meeting and adjourn accordingly at the March 6, 1989
meeting.
The following members of the community spoke regarding the
subject matter:
Carole Bryant, 15500 Tustin Village Way, Tustin
Larry Koenig, 14481 Deerfield Avenue, Tustin
CITY COUNCIL MINUTES
Page 6, 2-21-89
VII. CONSENT CALENDAR
Item No 3 was removed from the Consent Calendar by Mayor Pro Tem
Edgar. It was moved by Prescott seconded by Hoesterev,-to approve
the remainder of the Consent Calendar. The motion carried 5-0,
Kennedy opposed on Item No. 4 only.
1. APPROVED MINUTES - FEBRUARY 6, 1989, REGULAR MEETING
2. APPROVED DEMANDS IN THE AMOUNT OF $910,970.70
RATIFIED PAYROLL IN THE AMOUNT OF $197,788.39 50
4 RESOLUTION NO. 89-15 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPEAL OF AMENDMENT
NO. 1 TO USE PERMIT 87-14 REQUESTING DELETION OF CONDITION 36
OF EXHIBIT A OF RESOLUTION NO. 2420 WHICH REQUIRES THE CITY TO
PERIODICALLY MONITOR AND MITIGATE TRAFFIC CONCERNS THAT RESULT
FROM LARGE TRUCK FUEL SERVICE AT THE FUEL FACILITY LOCATED AT
13918-13922 NEWPORT AVENUE
Approved Resolution No. 89-15 approving the appeal of
Amendment No. 1 to Use Permit 87-14 78
5. RESOLUTION NO. 89-28 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN
APPLICATION, THE ACCEPTANCE OF FUNDS, THE EXECUTION OF CONTRACTS
AND ANY AMENDMENTS THERETO, TO SECURE A GRANT OF FUNDS FROM THE
SENIOR CITIZENS' SHARED HOUSING PROGRAM OF THE STATE OF
CALIFORNIA
Approved Resolution No. 89-28 authorizing the application for
grant funds from the Senior Citizens' Shared Housing Program
of the State of California 41
6. AUTHORIZATION TO ADVERTISE FOR BIDS FOR REPLACEMENT PLAY
STRUCTURE AT CENTENNIAL PARK
Approved specifications for a replacement play structure at;--,
Centennial Park and directed the City Clerk to advertise for',
bids. 77 1
7. HOLD HARMLESS AGREEMENT - ORANGE COUNTY SHERIFF'S OFFICE
Executed the proposed Hold Harmless Agreement with the Orange
County Sheriff's Department for use of the facility at the
South Coast Gun Club for shotgun familiarization during the
months of February and August, 1989. 45
8. REJECTION OF CLAIM NO. 89-2; CLAIMANT -CARL ROBINSON, DATE OF
LOSS -8/18/88, DATE FILED WITH CITY -2/6/89
Rejected subject claim for personal damage in the amount of
$1,000,000. 40
9. REJECTION OF CLAIM NO. 89-3; CLAIMANT -FREDERICK BURRELL, DATE OF
LOSS -8/18/88, DATE FILED WITH CITY -2/6/89
Rejected subject claim for personal damage in the amount of
$1,000,000. 40
10. REJECTION OF CLAIM NO. 88-66; CLAIMANT -JOHN VIGLIONE, DATE OF
LOSS -10/9/88, DATE FILED WITH CITY -12/19/88
Rejected subject claim for property damage in the amount of
$1,195.00. 40
Consent Calendar Item No. 3 - Request to Convert a Private Street',
(Flint Drive) to a Public Street
Mayor Pro Tem Edgar understood staff's financial concerns but felt'-'
the homeowners' request for street sweeping, police patrol, etc.
warranted further consideration. He suggested the request not be
refused and dialogue occur between staff and the property owners in
order to provide the residents an opportunity to receive City
services without exposing the City to an extensive financial
obligation.
It was moved by Edgar, seconded by Hoesterev, to continue this matter
and direct staff to confer with the property owners for a
satisfactory resolution between the City and the property owners.
The motion carried 5-0. 95
CITY COUNCIL MINUTES
Page 7, 2-21-89
VIII. ORDINANCES FOR INTRODUCTION - None
IX
FOR ADOPTION
1. PERMIT THE ISSUANCE OF A CERTIFICATE OF COMPLIANCE TO CONVERT A
STOCK COOPERATIVE TO A CONDOMINIUM - ORDINANCE NO. 1020
It was moved by Edgar. seconded by Hoesterey, that Ordinance No.
'.., 1020 have second reading by title only. The motion carried
55=0. Following second reading by title only of Ordinance No.
1020 by the City Clerk, it was moved by Hoesterey seconded by
Edgar, that Ordinance No. 1020 be passed and adopted as follows:
ORDINANCE NO. 1020 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING SUBDIVISION ORDINANCE AMENDMENT
88-01, AMENDING SECTION 9314, EXCEPTIONS (66412) OF THE TUSTIN
CITY CODE, TO PERMIT THE ISSUANCE OF A CERTIFICATE OF COMPLIANCE
TO CONVERT A STOCK COOPERATIVE TO A CONDOMINIUM
The motion carried 5-0. (Roll call vote) 81
2. TRAINING OF PEACE OFFICERS AND OF PUBLIC SAFETY DISPATCHERS -
ORDINANCE NO. 1017
It was moved by Edgar, seconded by Hoesterey, that Ordinance No.
1017 have second reading by title only. The motion carried
55=0. Following second reading by title only of Ordinance No.
1017 by the City Clerk, it was moved by Edgar, seconded by
Hoesterev, that Ordinance No. 1017 be passed and adopted as
follows:
ORDINANCE NO. 1017 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING SECTION 1711 OF THE TUSTIN CITY
CODE PERTAINING TO ACCEPTING THE REQUIREMENTS OF SECTION 13522
OF THE PENAL CODE OF THE STATE OF CALIFORNIA RELATING TO THE
TRAINING OF PEACE OFFICERS AND OF PUBLIC SAFETY DISPATCHERS
The motion carried 5-0. (Roll call vote) 82
X. OLD BUSINESS
1. STATUS REPORT - JOHN WAYNE AIRPORT NOISE MONITORING PROGRAM
(JWA), COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAB),
AIRPORT SITE COALITION (ASC) AND HELICOPTER OVERFLIGHT PROGRAM
TASK FORCE (HOPTF)
Christine Shingleton, Director of Community Development, gave a
staff report as contained in the Community Development memorandum
dated February 21, 1989.
It was moved by Hoesterey, seconded by Edgar, to receive and
file subject report. The motion carried 5-0. 101
2. GENERAL PLAN AMENDMENT 88-02 AND ZONE CHANGE 88-02 (SAN JUAN
APARTMENTS)
Christine Shingleton, Director of Community Development, gave a
brief staff report.
Larry Campeau, representing Mesa Development Co., cited the
negative financial impacts of building a 6 -unit project and
maintaining the commercial zoning. He gave a background report
on the acquisition of the property based on a specific design and
the subsequent appeal to the Council regarding the zoning
restriction. In describing the aesthetic features of the
apartment complex and provisions to eliminate parking problems,
he requested Council's approval of an 8 -unit project and felt
it would be an asset to San Juan Street and the City.
It was moved by Prescott, seconded by Edgar, to approve the
following Resolution No. 89-19 (A):
CITY COUNCIL MINUTES
Page 8, 2-21-89
RESOLUTION NO. 89-19 (A) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT
88-02, A REQUEST TO CHANGE THE LAND USE MAP OF THE GENERAL PLAN
FROM C (COMMERCIAL) TO MF (MULTI -FAMILY RESIDENTIAL) FOR THE
PROPERTY LOCATED AT 1432 SAN JUAN STREET
Mayor ProTemEdgar stated he was in favor of approving the
rezoning, but only at a density of R-3 (2700), which would
require a 6 -unit project.
Councilman Hoesterey had viewed the property, the surroundingI
units and the proposed plans. He had originally opposed the ;
project due to increased density, but in reviewing the planned
project was now in favor of R-3 (2200) zoning. He wanted it
noted this was not a trend toward increasing density, but this
property had unique constraints.
Councilman Kelly thought rezoning was sensible and this was a
good, quality project.
The motion carried 5-0.
It was moved by Hoesterev, seconded by Edgar, that Ordinance No.
1019 have first reading by title only. The motion carried
55=0. Following first reading by title only of Ordinance No.
1019 by the City Clerk, it was moved by Hoesterev, seconded by
Kelly, that Ordinance No. 1019 be introduced as follows with the
change of R-3 (2700) to R-3 (2200):
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)
—r
The motion carried 3-2, Kennedy and Edgar opposed. 110
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3. CABLE TELEVISION COVERAGE OF CITY COUNCIL MEETINGS
Mayor Kennedy said this had been placed on the agenda at
Council's request for a status report on the cooperation between
American Cable Systems and Community Cablevision to broadcast
City Council meetings.
James Petro, representing Community Cablevision and Joseph
Casasanta, representing American Cable Systems, informed Council
that an agreement between their companies had been reached and
combined broadcasting of City Council meetings would commence on
March 6, 1989.
The Council commended both companies for their efforts and
conveyed their appreciation. 45
%I. NEW BUSINESS
1. RESIDENT CONCERNS ON DUMPING OF DEBRIS ALONG WESTERLY SIDE OF RED
HILL AVENUE
Robert Ledendecker, Director of Public Works, stated staff was _
in the process of determining the current property owner and!
would then request removal of the debris. If those efforts were
unsuccessful, staff would resubmit the matter for Council action.
It was moved by Kennedy, seconded by Edgar, to fill in the dirt
areas within the westerly parkway of Red Hill Avenue with
concrete sidewalk and plant street trees; and approve a budget
appropriation in the amount of $6,000.
The motion carried 5-0.
Mayor Kennedy suggested that staff explore creative solutions to
prevent the collection of debris within the Flood Control
property westerly of Red Hill Avenue. Council concurred. 102
CITY COUNCIL MINUTES
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2. AWARD OF CONTRACT FOR THE INSTALLATION OF STREET LIGHT CONDUIT
AT GLENARBOR AVENUE AND HOLLYHOCK AVENUE
It was moved by Hoesterey seconded by Edgar, to award a contract
for the subject project to Building Energy Consultants of
Huntington Beach in the amount of $7,932.60 and authorize a
supplemental 1988-89 budget appropriation in the amount of $1,900
for the complete installation of the street lights.
The motion carried 5-0. 868
3. AWARD OF CONTRACT FOR THE RECONSTRUCTION OF INTERLOCKING CONCRETE
PAVER SIDEWALK ON EL CAMINO REAL AND MAIN STREET
It was moved by Hoesterey seconded by Edgar, to award a contract
for subject project to FAV Engineering of Huntington Beach in the
amount of $31,973.20 and authorize a supplemental 1988-89 budget
appropriation in the amount of $33,000 from the Beautification
Fund.
The motion carried 5-0.
4. ASSEMBLY BILL NO. 160
m
Councilman Kelly explained that Assembly Bill 160 would restrict
the use of eminent domain to only public nuisance circumstances.
To ease citizen concerns about eminent domain and the abuse of
it, he asked Council to formally support Assembly Bill No. 160.
Councilman Hoesterey opposed supporting the Bill because he felt
it was an attempt by Sacramento to divert tax dollars earned from
incremental financing away from the local level and filter them
to the County and State agencies.
�-, Mayor Pro Tem Edgar- felt that by passing this legislation the
effectiveness of the Redevelopment Agency would be destroyed and
T the Bill's ultimate goal was to give funds to other agencies.
Councilman Prescott gave examples of eminent domain abuse
involving conspiracies between developers and City of Santa Ana
officials. He felt Redevelopment Agencies should not have that
power and if firm positions were not taken against it, the abuse
would continue. He said eminent domain was a dangerous power and
threatened the rights of all property owners. He was concerned
that developers would elect a future City Council that would
abuse eminent domain power. He felt the financial tax gains
would be maintained and supported Assembly Bill 160.
Mayor Kennedy said the positive side of eminent domain brought
power to the local community and provided tremendous tax
advantages to local residents and business owners. For those
reasons, it was a power she did not wish to relinquish.
It was moved by Kelly, seconded by Prescott, to issue formal
Council support in favor of Assembly Bill No. 160.
Further discussion followed between Mayor Kennedy and Councilman
Prescott regarding the positive and negative aspects of eminent
domain.
The motion failed 2-3, Kennedy, Edgar and Hoesterey opposed. 60
5. AWARD OF CONTRACT FOR RAWLINGS RESERVOIR REPAIR
It was moved by Hoesterev, seconded by Edgar, to award the
contract for the repair of the Rawlings Reservoir to C.W. Neal
Corporation in the amount of $216,183.00 and authorize a
supplemental budget appropriation from the Water Enterprise Fund
Unappropriated Reserves in the amount of $216,200.00.
Mayor Pro Tem Edgar asked for reassurance that the emergency
correction would be a long-term solution and not a "stop -gap"
answer.
CITY COUNCIL MINUTES
Page 10, 2-21-89
Robert Ledendecker, Director of Public Works, responded that this
project, in addition to installing the liner to stop the leakage,
would include reducing the reservoir's capacity from 5 million
to 4.2 million gallons. The structural evaluation had indicated
there was a potential, during an earthquake with full capacity,
for structural failure. These corrective measures were
considered long-term solutions, however, there would be a future
study to evaluate the entire reservoir system which may reveal
needed modification or enlargement of this particular reservoir.
The motion carried 5-0.
XII. REPORTS
86B
1. PLANNING COMMISSION ACTION AGENDA - FEBRUARY 13, 1989
It was moved by Hoesterev, seconded by Edaar, to ratify the
Planning Commission Action Agenda of February 13, 1989. The
motion carried 5-0. 80
2. FIRE HYDRANT STATUS ON LOCKWOOD PARK PLACE, "D" STREET AND
ORANGEWOOD LANE
It was moved by Hoesterev, seconded by Edgar, to receive and file
subject report. The motion carried 5-0. 51
XIII. PUBLIC INPUT - None
XIV. OTHER BUSINESS
1. EXCESSIVE TRASH BEHIND VOWS SUPERMARKET ON VANDENBERG LANE
Mayor Pro Tem Edgar reported an excessive amount of trash behind
Von 's Supermarket on Vandenberg Lane. He requested staff
investigation.
2. INFLUENTIAL SQUARE STORM DRAIN
Mayor Pro Tem Edgar asked staff for a time line on the
installation of the storm drain at Influential Square on Nisson
Road.
Robert Ledendecker, Director of Public Works, replied that this
particular project would probably be submitted for Council action
within the next month. Residents had expressed a concern, with
loss of structures on Nisson Road, there would be a void of open
ground. Staff was currently communicating with Caltrans the
possibility of accelerated construction of Nisson Rd. or the
City's completion of the construction with reimbursement from the
State. When those determinations were completed, the storm drain
design would be included.
3. LEAGUE OF CITIES
APPOINTMENTS
Mayor Pro Tem Edgar reported that various League of Cities
committee appointments would take place on March 9, 1989. He
asked for Council input as to selection preferences.
Mayor Kennedy suggested Council submit their choices at the March _
6, 1989 Council meeting. Council concurred.
4. COUNCIL RECOGNITION FOR RICHARD HSU, ACURA AUTOMOBILE DEALERSHIP'-'
Councilman Hoesterey said Richard Hsu, representing the Acura
automobile dealership, was being honored by the Society for
Advancement of Management and asked for Council recognition in
the form of a proclamation or letter of commendation.
5. HIGH DENSITY DEVELOPMENT IN SANTA ANA
Councilman Hoesterey said he was deeply concerned with the City
of Santa Ana and their proposed boundary rim of high office
buildings. He did not believe there had been adequate mitigation
studies, primarily traffic, of the impact on surrounding
CITY COUNCIL MINUTES
Page 11, 2-21-89
communities and wanted staff directed to take any and all action
necessary to insure proper mitigation and provide the Council
with available options in the review and total mitigation of
Santa Ana's activities.
Mayor Pro Tem Edgar noted his previous suggestion of an
analytical study regarding the impacts of additional square
footage of space in the triangle comprised of Santa Ana Freeway,
Tustin Avenue to Seventeenth Street and asked staff for a status
P""* report.
William Huston, City Manager, responded that a consultant would
have to be hired due to the extent of the project. Staff planned
to identify the possible impacts, methods of approach, and submit
to Council in approximately one month. He reported that a
representative from the City Attorney's office had appeared at
City of Santa Ana hearings to read City of Tustin letters into
the record and this matter would also be monitored and submitted
to Council.
6. DAMAGE TO CITY WELCOME SIGN ON SEVENTEENTH STREET
Councilman Prescott reported damage had occurred to the City's
welcome sign on Seventeenth Street; he was looking forward to its
refurbishment and the addition of welcome signs on the City's
easterly and southerly borders.
7. TOUR OF NEW TUSTIN RANCH GOLF COURSE AND CLUB HOUSE
Councilman Prescott reported on his tour, with Council and staff,
of the new golf course and he was looking forward to "teeing
off".
Mayor Kennedy said these two projects were very exciting for the
rte, City and the golf course was expected to open this summer. She
noted that the beautiful Club House had been carefully reviewed
by the Planning Commission and she thanked them for their time
and attention to detail.
S. HISTORICAL GRADING/JAMBOREE ROAD AND LOWER PETERS CANYON PROJECTS
Councilman Prescott asked the newspapers to document the
monumental grading which was occurring at Jamboree Road and at
the construction of the Lower Peters Canyon Retarding Basin where
excavating and rebuilding of the prehistoric stream bed was
occurring.
Robert Ledendecker, Director of Public Works, responded that
staff had been video taping, on a daily basis, major improvements
such as Jamboree Road and Lower Peters Canyon Retarding Basin.
The video tape, when the project was completed, would become a
documentary record for the City.
9. RECOGNITION FOR HISTORIC DOWNTOWN AREA
Mayor Kennedy said Sally Vining had notified the City that the
Orange County Centennial Map included mention of the historic,
downtown Tustin area.
10. ADJOURNMENT IN MEMORY OF JOHN JAMIESON, PAST PRESIDENT OF THE
TUSTIN CHAMBER OF COMMERCE
Councilman Prescott requested that the meeting be adjourned in
memory of John W. Jamieson, past president of the Tustin Chamber
of Commerce and a resident of Tustin since 1962, who died on
February 9, 1989.
XV. 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 to
consider Personnel matters pursuant to Government Code Section 54957.
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Page 12, 2-21-89
RVI. ADJOURNMENT
At 11:16 p.m., the meeting recessed to the above Closed Session, then
to the Redevelopment Agency, and adjourned in memory of John Jamieson
to the next Regular Meeting on Monday, March 6, 1989, at 7:00 p.m.
XVII. RECONVENEMENT - COMPENSATION OF CONFIDENTIAL EMPLOYEES
At 12:30 a.m., following Closed Session, the City Council reconvened
and took the following action: —,
It was moved by Edgar, seconded by Hoesterev, to adopt the following:
RESOLUTION NO. 89-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, RELATING TO THE COMPENSATION OF CONFIDENTIAL
EMPLOYEES
The motion carried 4-0, Kelly absent.
MAYOR
L,J
CITY CLE K