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HomeMy WebLinkAboutCC MINUTES 1988 10 19MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA OCTOBER 19, 1988 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Hoesterey at 7:02 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Prescott and the Invocation was given by Councilman Edgar. r� II. ROLL CALL Council Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar 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, Director/Comm. Development Fred Wakefield, Acting Chief of Police Robert Ledendecker, Director of Public Works Royleen White, Director/Community & Adm. Services Ronald A. Nault, Finance Director Ronald Wolford, Engineering Services Manager Laura Pickup, Senior Planner Susan Jones, Recreation Superintendent Valerie Whiteman, Deputy City Clerk Approximately 140 in the audience III. PROCLAMATIONS 1. FIRE PREVENTION MONTH - OCTOBER, 1988 Mayor Hoesterey read and presented a proclamation to Mike McCoy, Orange County Fire Department Battalion Chief. The proclamation declared the month of October, 1988, as Fire Prevention Month. Chief McCoy, on behalf of Chief Larry Holms of the Orange County Fire Department, thanked the City, the staff and the citizens of Tustin, for joining with the Fire Department in this important month. He said the Fire Department's most important task was to prevent fires. 84 2. RED RIBBON WEEK, OCTOBER 23-301 1988 Mayor Hoesterey read and presented a proclamation to Acting Chief of Police, Fred Wakefield; Steve Lewis, Community Resource Officer; Lucy Strait, Parents Who Care; and Nancy Diaz -Miller, Tustin Unified School District. The proclamation declared the week of October 23-30, 1988, as "Red Ribbon Week", a nationwide program against drug abuse. Steve Lewis, on behalf of the Police Department, thanked the Mayor and Councilmembers for the proclamation and presented to the Council a four foot "Red Ribbon", buttons and red ribbons identical to those that would be worn by all students in the City during Red Ribbon Week. 84 IV. PUBLIC HEARING 1. PROPOSED VACATION (ABANDONMENT) OF SAN JUAN STREET BETWEEN ORANGE STREET AND CHARLOMA DRIVE Ronald Wolford, Engineering Services Manager, in his background report, stated that Caltrans was negotiating with the Tustin Unified School District to acquire land for the relocation of E1 Camino Real farther into the Tustin High School site due to the widening of the I-5 Freeway. The school district had suggested closing San Juan Street in order to connect the Lambert School site with Tustin High School. The City's main concern with this proposal was the effect on traffic patterns CITY COUNCIL MINUTES Page 2, 10-19-88 in the neighborhood surrounding San Juan Street and they hired, with Caltrans funds, Austin -Foust Associates, Inc., to provide a traffic analysis. In addition to satisfying the legal requirements of public notice, staff held an informational meeting for the public. Hollis Griffin, Assistant Superintendent, Tustin Unified School District, reported that the proposal of accessing Lambert School was the result of an approximate 1.5 acre loss along the frontage of Tustin High School. This loss would eliminate 60 parking spaces, which was devastating for students, staff and community members. In order to accommodate enrollment and extra -curricular activities, Lambert School was acquired by the high school eleven years ago; and, with the loss of the property on the front of the high school, the district felt it was necessary to improve their need for additional space and improve the safety condition for students currently crossing San Juan Street from the main campus to the Lambert School site. He requested that the Council seriously consider the proposal and approve the vacation of San Juan Street. There followed a brief question -and -answer period between Mr. Griffin and the Councilmembers. Terry Austin, Austin -Foust, Associates, Inc., gave a brief overview on the results of their street closure survey. The questions addressed in the survey were (1) will the traffic using the street be diverted to other areas and cause additional traffic problems and (2) would a major inconvenience occur as a result of the street closure. He stated statistics from the survey and the overall conclusion was that there would be no significant traffic impact from the closure of San Juan Street. Mayor Hoesterey opened the Public Hearing at 7:25 p.m. The following members of the community spoke in opposition to the closure of San Juan Street: Don Saltarelli, 13751 Red Hill, Tustin Richard Vining, 400 W. Main, Tustin Chuck and Sue Lennon, Charloma Drive, Tustin Windsor Louie, Smoketree Apts., San Juan St., Tustin Their concerns included: relinquishing San Juan Street to save money for Caltrans; previous relinquishment of Third Street to the school district and the subsequent repurchasing of that property by the City for $750,000 without a reimbursement allowance from the school district; closure of a street when building new roads and widening existing streets was needed to increase traffic flow; depreciation in the value of residential and business property; increased traveling time by area residents; rejection of the closure could force Caltrans to purchase 30-40 additional apartments adjacent to the high school, which would be an improvement for the City and provide land immediately next to the high school; the school district could utilize Lambert School for the needed additional parking spaces; loss of land on the high school property would not detract from the activities of the school; current inefficient use of Tustin High School; use of San Juan as a major east/west thoroughfare; increased safety for students by use of an, overpass; increased apartment vacancies due to lack of "through - traffic" exposure; lack of on -street parking; and increased cars and student drivers in residential neighborhoods due to turn -around traffic. The Public Hearing was closed at 7:38 p.m. Councilman Kelly thought it was not in the best interest of the public to close the street and the City would lose a valuable east/west corridor. It was moved by Kelly, seconded by Prescott, to deny the vacation of San Juan Street. CITY COUNCIL MINUTES Page 3, 10-19-88 Mayor Pro Tem Kennedy stated she had been in favor of the closure to improve the safety and expansion of Tustin High School, but had recently heard the school district may possibly close the high school. Councilman Edgar noted that, by denying this closure, Caltrans would be obliged to increase the number of units acquired from the apartments but it was a solution that would expand parking. Mayor Hoesterey said he had not been pleased with the idea of closing San Juan Street and, if the road was closed, foresaw unfavorable impact on the surrounding community and the Tustin Plaza would be adversely effected. The motion carried 5-0. 105 AGENDA ORDER S. NEW BUSINESS 2. SANTA ANA (I-5)/COSTA MESA (RTE 55) HIGH -OCCUPANCY VEHICLE (HOV) LANES Mayor Hoesterey requested that this item be considered out of agenda order for interested members of the audience. He explained that a workshop presentation had been held at 5:30 p.m. that day for Caltrans to enlighten residents on the project and the impact upon their neighborhoods. He requested a brief overview for the members of the audience that were not present during the workshop. Clarence Ohara, Project Manager for Caltrans, described the project in three phases: (Phase I) a $20,000,000 construction project which would widen Rte. 55 south of the I-5 and included replacement of the McFadden and Warner overcrossings with longer and wider structures and provide for an accommodation of a transit -way connection north of McFadden; (Phase II) was approximately a $35,000,000 project and included removal of the First and Fourth Street structures over I-5/Rte 55, the widening of Rte. 55 north of the I-5, the widening of I-5 northerly from south of Newport Avenue to the Rte. 55; with construction to begin in late 1989; and (Phase III) was the major construction project which would reconstruct all of the I-5/Rte 55 connectors which included a transit -way connector between I-5 and Rte. 55, with construction to begin in 1991. Ronald Kosinski, also representing Caltrans, gave a brief report on the statistical data which summarized the noise situation, specifically in the area of Tustin Village. Caltrans was proposing to construct a 12-14 ft. sound wall adjacent to that community, bringing the noise level below the Federal standards. Councilman Prescott questioned the development of an offramp from the I-5 to Cabrillo Parkway onto First Street. He had received this information from the Mayor of Santa Ana and requested clarification as to its truthfulness. Discussion followed between the Caltrans representatives and the Councilmembers which included: height, design and cost effectiveness of sound walls; decibel levels; test data and models; air pollution; transit ways; landscaping of the project; visual intrusion; use of "tubal structures"; and safety/noise reduction walls. The following community members spoke in opposition to the proposed project: President, Tustin Village Homeowners Assn. Charles Farnham, 15500 Tustin Village Way, Tustin Skip Murray, Tustin Village Way, Tustin Kay Obett, 15500 Tustin Village Way, Tustin Howard Branski, Tustin Village Way, Tustin Donna Wilson, 15500 Tustin Village Way, Tustin CITY COUNCIL MINUTES Page 4, 10-19-88 Virginia Town, 15500 Tustin Village Way, Tustin Jack Mallinckrodt, Drivers for Highway Safety Carol Bryant, Tustin resident Tammy Palmer, Tustin Village Way, Tustin Les Berryman, 18871 Portofino Drive, Irvine Bill Ward, Drivers for Highway Safety Their concerns included: selection of the least effective and most expensive alternative to congestion at the I-5/55 Interchange; lack of communication and cooperation from Caltrans; correct height of H.O.V. lane; chemical and mechanical pollution; safety; visual impact; noise pollution; lack of access to environmental impact report; inability of senior citizens in effected area to relocate their homes; misinformation received from Caltrans; use of test models in non-residential areas; sacrifices made by a small majority for the betterment of everyone; loss of residential parking spaces; reduced property values; rapid appropriation of project funding; forced carpooling; unhealthy living environment; carpool lane effectiveness vs. general purpose lanes; use of diamond lanes vs. carpool lanes; and lack of funding for environmental improvements. They requested the following action from the Council: (1) reject any environmental impact report which contained diamond lanes or related flyovers, (2) request from Councilman Edgar, the representative to the Orange County Transportation Commission, that the promised test of the diamond lanes on Rte. 55 be completed by a fair trial period, (3) request that the Orange County Transportation Commission hold a series of evening public hearings on diamond lanes enabling freeway users and other taxpayers to express their views, and (4) investigation of the Caltrans process. Mayor Hoesterey did not feel the Council was in a position to, address whether H.O.V. lanes were appropriate. The purpose of this meeting was to address the concerns of the community and the impact of the project upon their neighborhoods. He noted that a number of questions had been raised that required answers before the project could proceed. It was moved by Hoesterey seconded by Kennedy, to (1) direct staff and the City Attorney to investigate the process that was followed, how it was noticed, and the current status of the Environmental Impact Report; and (2) direct the Engineering staff to review the drawings and determine exactly what the project involves and its impact upon the community. Councilman Edgar agreed with separating the H.O.V. issue from the impact of the project. He said those questions had been answered at several O.C.T.C. meetings. He also wanted staff to investigate the methodology to mitigate the problems. He said this interchange project was one of the most critical in the State and must move forward. Mayor Pro Tem Kennedy requested that a concentrated, rapid study include interested members of the community who would work closely with the City Engineer. _ Councilman Prescott said that earlier in the meeting the, Council voted against a Caltrans proposal to vacate San Juan -- Street and now the Council should support the residents on this issue. Mayor Pro Tem Kennedy suggested that the residents comprise a list with names and addresses of community members for communication purposes. The motion carried 5-0. 54 Mayor Hoesterey announced a five minute recess and the meeting reconvened at 9:40 p.m. V. PUBLIC INPUT - None VI. CONSENT CALENDAR Item No. 11 was removed from the Consent Calendar by Councilman Edgar. It was moved by Kelly, seconded by Kennedy, to approve the remainder of the Consent Calendar. The motion carried 5-0. 1. APPROVED MINUTES - OCTOBER 3, 1988, REGULAR MEETING r� 2. APPROVED DEMANDS IN THE AMOUNT OF $1,186,213.19 RATIFIED PAYROLL IN THE AMOUNT OF $181,800.57 50 3. ORCHARD OPERATION AND MAINTENANCE EASEMENT AGREEMENT REGARDING COMMUNITY PARK IN TRACT 12870 Authorized the City Manager to execute the agreement, allowing The Irvine Company to continue orchard operations on a community park and granting a maintenance easement for same as recommended by the Administrative Services Department. 45 4. REJECTION OF CLAIM NO. 88-38; CLAIMANT -MARK TRACKER, DATE OF LOSS -1/15/88, DATE FILED WITH CITY -6/17/88 Rejected subject claim for personal damages for an undetermined amount as recommended by the City Attorney. 40 S. RESOLUTION NO. 88-114,- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 13106 Approved Final Vesting Tract Map No. 13106 by adoption of Resolution No. 88-114 as recommended by the Community Development Department. 99 6. RESOLUTION NO. 88-113 - A RESOLUTION OF THE CITY COUNCIL OF THE ' CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 87- 201 Adopted Resolution No. 88-113 approving Final Parcel Map No. 87-201 as recommended by the Community Development Department. 99 7. RESOLUTION NO. 88-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 88- 206 Approved Final Parcel Map No. 88-206 by adoption of Resolution No. 88-112 as recommended by the Community Development Department. 99 S. SAN DIEGO PIPELINE V. BOARD OF EQUALIZATION, CITY OF TUSTIN, ET AL Approved and authorized entering into the partial settlement as recommended by the City Attorney. 45 9. ACCEPTANCE OF PUBLIC IMPROVEMENTS, TRACT NO. 8451 Accepted all public improvements with Tract No. 8451 and authorized the City Clerk to release the following bonds related to the public improvements: Faithful Performance Bond No. BND22274440-$119,100.00 and Labor and Materials Bond No. BND2227440-$59,550.00 as recommended by the Public Works Department/Engineering Division. 99 10. REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF DOMESTIC WATER AND RECLAIMED WATER FACILITIES WITHIN ASSESSMENT DISTRICT NO. 86-2 Approved and authorized the Mayor to execute the reimbursement agreement between Irvine Ranch Water District and the City of Tustin for the construction of domestic water and reclaimed water facilities within Assessment District No. 86-2 as recommended by the Public Works Department/Engineering Division. 45 12. RESOLUTION NO. 88-117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF WATER MAIN IMPROVEMENTS ON GRAMERCY DRIVE, SUSSEX PLACE, ETON PLACE AND SANDHURST PLACE AND AUTHORIZING ADVERTISEMENT FOR BIDS CITY COUNCIL MINUTES Page 6, 10-19-88 Adopted Resolution No. 88-117 approving the plans and specifications for subject project and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. 13. AGREEMENTS FOR PROFESSIONAL SERVICES FOR CONSTRUCTION OF LOWER PETERS CANYON RETARDING BASIN (FACILITY F06B01) AND APPURTENANT FACILITIES, ASSESSMENT DISTRICT NO. 86-2 Approved agreements for professional services with John Tettemer & Associates for construction review; GeoSoils, Inc. for soils and geological engineering; and Hunsaker & Associates Irvine, Inc. for construction surveying and authorized the Mayor and City Clerk to execute as recommended by the Public Works Department/Engineering Division. 45 14. EQUIPMENT PURCHASE REQUEST Authorized solicitation of proposals for the replacement of the front-end alignment equipment for the garage, as authorized in the 1988-89 Fiscal Budget, as recommended by the Public Works Department/Field Services Division. 86 15. SANTA ANA VALLEY IRRIGATION CO. (S.A.V.I.) QUITCLAIM OF EASEMENT Authorized the Mayor to execute a quitclaim deed to Western Neuro Care, Inc. for a SAVI easement at 14851 Yorba Street as recommended by the Public Works Department/Engineering Division. 187 16. DECLARATION OF SURPLUS VEHICLES AND WORK EQUIPMENT Declared the equipment detailed in the subject report surplus, and not required for public use, and authorized the Public Works Department to dispose of equipment in accordance with ordinance 871 as recommended by the Public c6 Works Department/Field Services Division. 17. SURPLUS SCRAP METALS Authorized the Public Works Department to declare scrap metals surplus, and not required for public use, and dispose of metals in accordance with Ordinance 871 as recommended by the Public Works Department/Field Services 6 Division. 18. REJECTION OF CLAIM NO. 88-51; CLAIMANT -ELIZABETH WILLS/STATE FARM INSURANCE CO.I DATE OF LOSS -8/1/88, DATE FILED WITH CITY - 9/14/88 Rejected subject claim for personal and property damages in the amount of $4,266.41 as recommended by the City0 Attorney. 19. REJECTION OF CLAIM NO. 88-40; CLAIMANT -EDWARD PARKINSON, DATE OF LOSS -3/14/88, DATE FILED WITH CITY -6/23/88 Rejected subject claim for personal and property damages in the amount of $75,000.00 as recommended by the City Attorney. 0 4 20. EQUIPMENT PURCHASE REQUEST Authorized solicitation of proposals for the purchase of replacement and new equipment authorized in the 1988-89 Fiscal Budget as recommended by the Public Works 8 Department/Field Services Division. Consent Calendar Item No. 11 — Resolution No. 88-116 Councilman Edgar was in favor of the project, however, he thought there was wisdom and flexibility in funding the project through the Redevelopment Agency. It was moved by Edgar, seconded by Hoesterey, to approve the following with funding through the Redevelopment Agency: CITY COUNCIL MINUTES Page 7, 10-19-88 RESOLUTION NO. 88-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR INTERLOCKING CONCRETE PAVER SIDEWALK REPAIR ON EL CAMINO REAL AND MAIN STREET The motion carried 5-0. 86B Consent Calendar Item No. 3 - Orchard Operation and Maintenance Easement Agreement Regarding Community Park in Tract 12870 Mayor Pro Tem Kennedy wanted to comment on Item 3 of the Consent Calendar. She thought the City was doing what Orange County should have done a long time ago, which was considering the possibility of making an orchard part of a park. Councilman Prescott noted the orchard had only been planted ten years ago and did not reflect Orange County's past. Councilman Edgar felt it was a good idea for temporary use, but the permanent maintenance would be difficult. VII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE AMENDING THE TUSTIN CITY CODE RELATIVE TO POLITICAL SIGNS Councilman Prescott suggested that this item be deferred until after the November election. Councilman Edgar noted that with the ordinance introduction and adoption timelines, this Ordinance would not be effective until 30 days after the election. Mayor Pro Tem Kennedy requested a clarification from the City Attorney regarding the legal aspects of the ordinance. James Rourke, City Attorney, said this ordinance only deleted portions from the current ordinance which were inconsistent with current court decisions and the Community Development Department was in the process of studying and revising the City's entire sign code which would include revised provisions for political signs. Mayor Pro Tem Kennedy said that a candidate for City Council had stated publicly that the City's ordinance was illegal and this revision was an attempt to assist the candidate in posting his signs legally and updating provisions of the code. Councilman Kelly distributed to the Council photographs he had taken during Tiller Days and said it also pertained to the next issue on the agenda regarding the Boys and Girls Club. The photographs were taken of the Boys and Girls Club booth at Tiller Days displaying political signs supporting a candidate. He believed it was unlawful for a non-profit organization to become politically active and he wanted a letter sent from the City Attorney to the Boys and Girls Club citing the possible violation. Mayor Hoesterey did not feel that was appropriate action for ,., the City Attorney; there was a federal agency responsible for determining profit and non-profit status of organizations. Mayor Pro Tem Kennedy thought is was appropriate to have the City Attorney review the circumstances involving the donation of City funds to an organization that was actively supporting a candidate. It was moved by Kennedy, seconded by Edgar, that Ordinance No. 1012 have first reading by title only. Councilman Prescott again stated he wanted the ordinance deferred until after elections. He did not feel it was appropriate for incumbent Councilmembers to dictate rules governing the campaign. CITY COUNCIL MINUTES Page 8, 10-19-88 Mayor Hoesterey said that several years ago there was an attempt to clean up the sign pollution in the City and he, as a non -incumbent candidate, had supported the ordinance. As a candidate for public office, he believed he had a responsi- bility to the citizens to "practice what we preach" when the Council enacts ordinances governing other signs. _ The motion carried 5-0. Following first reading by title only of Ordinance No. 1012 by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 1012 be introduced as follows: ORDINANCE NO. 1012 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO POLITICAL SIGNS The motion carried 3-1, Kelly opposed and Prescott abstained. (Prescott abstained because he was a candidate for Council and did not want to vote on issues governing the campaign.) 93 VIII. ORDINANCES FOR ADOPTION - None I%. OLD BUSINESS 1. STATUS REPORT - JWA/CRAB/ASC It was moved by Kennedy, seconded by Kelly, to receive and file subject report. The motion carried 5-0. 101 2. BLEACHERS FOR THE BOYS AND GIRLS CLUB OF TUSTIN It was moved by Edgar to adopt Resolution No. 88-115 with the insertion of the figure $17,000. Councilman Prescott asked about the memorandum regarding the funds that the City owes to the Boys Club and asked if this action could be delayed until the information was received. Councilman Kelly also felt the action should be delayed until the information was received and wanted an inclusion in the Resolution of definite community service completed by the Boys Club in order to receive the funds. He thought the action was politically motivated. The motion died for lack of a second. It was moved by Kelly, seconded by Prescott, to delay action on this matter for three months. Mayor Pro Tem Kennedy noted that the report from the City Attorney described the installation of bleachers as an improvement to City property that is leased to the Boys and Girls Club. It was a gift only in the use of the bleachers and she, therefore, supported the Resolution as an improvement to City property. Discussion followed questioning if the bleachers were portable or attached to the property. Council concurred that, as a part of the Resolution, the bleachers be permanently attached to the facility and the funding would be predicated on that fact. The motion failed 1-4, Hoesterey, Kennedy, Edgar and Prescott oppposed. It was moved by Edgar, seconded by Hoesterev, to adopt the following with the stipulation that the bleachers be permanently attached to the facility and funding not to exceed $17,000: CITY COUNCIL MINUTES Page 9, 10-19-88 RESOLUTION NO. 88-115 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AND DIRECTING PAYMENT FOR THE COST OF BLEACHERS ON THE CITY PROPERTY LEASED TO THE BOYS AND GIRLS CLUB OF TUSTIN The motion carried 4-1, Kelly opposed. 73 3. AUTHORIZATION TO INSTALL NEW STREET LIGHTS ON MAIN STREET Mayor Pro Tem Kennedy realized it was more costly to choose light standards that would give Main Street a look of the past but was very much in favor of doing so. The expenditure of $27,000 to enrich Main Street would only continue the beautification process. Councilman Prescott wondered why the improvement area was only from "C" Street to Pacific Street. He wanted to include the entire cultural overlay district. Councilman Edgar responded that the City was completing the portion that was improved with OCUTT funding and had applied for and received approval for the completion of Main Street to the Rte 55. Mayor Hoesterey suggested approving this project and directing staff to agendize further areas in the downtown section that could also be enhanced in Phase II. It was moved by Kennedy, seconded by Edcrar, to approve the following: I. Authorize the installation of ten new street lights on Main Street between "C" Street and Pacific Street. 2. Authorize installation of City owned, decorative, historically accurate "Washington Post" style standard and luminaire at an estimated cost of $27,600. 3. Authorize a supplemental budget appropriation from General Fund reserve in the amount of $4,600 to cover the additional costs. 4. Agendize future completion of Phase II. The motion carried 5-0. 4. PURCHASE AUTHORIZATION - STUMP GRINDER [IS] It was moved by Edgar, seconded by Kelly, to authorize the purchase of a Tree Stump Grinder from Vermeer -California, Inc., in the amount of $20,497.96. The motion carried 5-0. 86 X. NEW BUSINESS 1. COMMENTS ON DRAFT AIR QUALITY MANAGEMENT PLAN Laura Pickup, Senior Planner, reported on staff's four major concerns with the Plan: (1) policy development, (2) implementation of the proposed measures in the plan, (3) growth management issues, and (4) economic measures. She stated some of the proposed policy development measures, many of which have a high impact on how the City conducts business, raised questions as to who will be responsible for the cost of implemention, the processing of legal authority, and the authority granted to the Air Quality Management District holding Cities legally responsible for enforcement of the Plan. She requested that staff receive additional time to review the document. Mayor Hoesterey noted that the chairman of the SCAQMD had said their plan was to force manufacturers from the South Coast Air Basin and change the complexion of the South Coast Air Basin to service oriented industries, which would bring a much higher CITY COUNCIL MINUTES Page 10, 10-19-88 density and longer commutes. He agreed with the staff analysis. It was moved by Hoesterev seconded by Edgar, to instruct staff to complete formal comments on the Air Quality Management Plan, authorize the Mayor to transmit the City's comments prior to close of the review period, and request additional time for —, staff review of the document. The motion carried 5-0. 81 2. SANTA ANA (I-5)/COSTA MESA (RTE 55) HIGH -OCCUPANCY VEHICLE (HOV) LANES Please see page 3 of these minutes. XI. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - OCTOBER 101 1988 It was moved by Edaar, seconded by Kennedy, to ratify the Planning Commission Action Agenda of October 10, 1988. Mayor Pro Tem Kennedy said she was still concerned regarding the color of the Tustin Market Place and noted that apparently staff also had concerns with the "brick" color. She wanted to know the true color. Christine Shingleton, Director of Community Development, said the original approved color was a much lighter terra cotta than what had been approved by the Planning Commission. She said the building was currently being repainted to a modified color with a brown base and would not be a bright red. Councilman Kelly felt there was over concern regarding the color and said the current color would not be as attractive to graffiti artists. Mayor Pro Tem Kennedy asked if the Council would have an opportunity for reevaluation after the repainting. Christine Shingleton responded that the Planning Commission's action was final unless appealed by October 13, 1988. Mayor Pro Tem Kennedy requested the Councilmembers view the building and agreed that informal pressure was the only recourse at this time. The motion carried 5-0. 80 2. HOMEOWNER BUILDING PERMITS AND INSPECTIONS IN EAST TUSTIN DEVELOPMENTS It was moved by Edaar, seconded by Kennedy, to receive and file subject report. The motion carried 5-0. 81 3. PAINTING OF GAZEBO AT SIXTH STREET AND EL CAMINO REAL It was moved by Edaar, seconded by Kennedv, to receive and file eG subject report. The motion carried 5-0. 4. REQUEST FOR "NO LITTERING" SIGNS ON PROSPECT AVENUE It was moved by Prescott seconded by Kennedy, to defer this item for two months. The motion carried 5-0. 5. EL MODENA-IRVINE CHANNEL IMPROVEMENTS It was moved by Edaar seconded by Kennedy, to receive and file subject report. The motion carried 5-0. CITY COUNCIL MINUTES Page 11, 10-19-88 6. INVESTMENT SCHEDULE AS OF SEPTEMBER 30, 1988 It was moved by Edaar, seconded by Kennedy, to receive and file subject report. The motion carried 5-0. 50 aa� 7. MISCELLANEOUS TRAFFIC STUDIES It was moved by Edaar, seconded by Kennedy, to continue the subject traffic studies to the November 7, 1988 City Council meeting. The motion carried 5-0. 100 S. PROCEEDS FROM YOUTH CENTER AND SALE OF SIXTH STREET PROPERTY It was moved by Edaar, seconded by Hoesterev, to continue this item to the November 7, 1988 City Council meeting. The motion carried 5-0. 85 XII. OTHER BUSINESS 1. RECREATIONAL VEHICLE SALES LOT BEHIND ELIZABETH HOWARD THEATRE Mayor Pro Tem Kennedy requested a status report on an R.V. sales lot which had appeared behind the Elizabeth Howard Theatre. 2. DRAFT RESOLUTION FOR COMMUNITY CARE FACILITIES SUBMITTED TO CALIFORNIA LEAGUE OF CITIES Councilman Edgar was pleased to report that the City's draft resolution to avoid over concentration of Community Care Facilities had passed the general assembly of the California League of Cities. 3. GRAFFITI SITE Councilman Prescott reported graffiti on either the Fairhaven or Santa Clara Rte 55 overcrossing behind the Caltrans chain link fencing. 4. SERVICE CLUB EMBLEMS ON CITY ENTRANCE SIGNS Councilman Prescott, on his recent trip to Coronado, noticed their City entrance signs had service organization emblems. He requested agendizing the possibility of a similar project in the City of Tustin. 5. ABANDONED RAILROAD PROPERTY BETWEEN PEPPERTREE AND TUSTIN MEADOWS Mayor Hoesterey requested a status report on the railroad property that had been abandoned between the Peppertree and Tustin Meadows developments. 6. CITY SEAL ON AGENDAS A member of the audience questioned why the City Seal was not on the agendas. Mayor Hoesterey requested staff consider the addition of the City Seal to the agenda information cover sheet. XIII. CLOSED SESSION Mayor Hoesterey announced that the City Council would recess to a Closed Session to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54967.6. CITY COUNCIL MINUTES Page 12, 10-19-88 XIV. ADJOUP2=WT At 10:29 p.m., the meeting was recessed to the above Closed Session, then to the Redevelopment Agency, and then adjourned to the next Regular Meeting on Monday, November 7, 1988, at 7:00 P.M. C� MAYOR CIXRK