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HomeMy WebLinkAboutCC MINUTES 1988 04 04MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APRIL 4, 1988 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Hoesterey at City Council Chambers, 300 Centennial Way. The Pledge led by Mayor Hoesterey, and the Invocation was given Kennedy. II. ROLL CALL 7:01 p.m. in the of Allegiance was by Councilwoman Councilpersons Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar John Kelly Earl J. Prescott Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Dir. of Comm. Development Charles R. Thayer, Chief of Police Ronald Wolford, Engineering Services Manager Royleen White, Dir. of Comm. & Adm. Services Ronald A. Nault, Finance Director Valerie Whiteman, Deputy City Clerk Lloyd Dick, Building Official Susan Jones, Recreation Superintendent Approximately 90 in the audience III. PROCLAMATION - Tustin High School Basketball Team Mayor Hoesterey stated that the Proclamation for the Tillers Boys' Basketball Team will be presented to the team at their banquet. The Proclamation congratulates the team for their successful season. 84 IV. PUBLIC HEARINGS 1. APPEAL OF USE PERMIT NO. 88-5 - THE VINEYARD CHRISTIAN FELLOWSHIP, 330 W. FIRST STREET Christine Shingleton, Director of Community Development, reported on the Planning Commission's approval of the Use Permit subject to conditions indicated in Resolution No. 88-36. Appeal requests from residents were also included in the staff report. In response to questions from Councilman Edgar, she indicated that this report had been updated from the report that Council received on March 14, 1988. Public Hearing was opened by Mayor Hoesterey at 7:07 p.m. The following spoke in favor of proposed Resolution 88-36 stating that the Vineyard Christian Fellowship would be a positive influence in the neighborhood and adhere to the conditions of the Use Permit: Josh Stewart, 17851 Bigelow, Tustin Paul and Caryn Brecht, 635-B Sixth St., Tustin Edward MacArthur, 13592 Falmouth, Tustin The following spoke in opposition to proposed Resolution 88-36 with concerns that included increased traffic, noise pollution, possibility of large congregational growth and other unfavorable impacts upon the residential neighborhood: Richard Vining, 400 W. Main, Tustin Wade Cargile, 355 W. Sixth St., Tustin Nancy Anderson, 255 W. Sixth St., Tustin Brent Anderson Bob Edgell CITY COUNCIL MINUTES Page 2, 4-4-88 There were no other speakers on the matter and the Public Hearing was closed at 8:04 p.m. Councilman Edgar spoke on his concerns regarding increased traffic and parking in the area. In order to monitor church activities and guarantee that the conditions of the Use Permit were being met, he asked that the church compile accurate statistical data and forward to the City. Councilman Kelly said that Pastor Stewart had assured the Council that parking would not occur on 6th or "B" Streets. He felt use of the building by the Fellowship was appropriate and was in favor of adopting the Resolution. Councilwoman Kennedy reiterated again that this was not a religious matter, but a land use issue. The location of the church in an industrial area with strict zoning is not compatible with a residential area because of the effect on the neighborhood. She felt that residents should not have to police church activities and report to the City; and, because of the intense 7 -day use of the area, could not support this conditional Use Permit. Mayor Hoesterey stated that he felt past actions of the Council indicated compassion for church uses in certain areas. But he thought the additional traffic on Sunday would impact the residents in the area and it was that impact that concerned him. Because the church would be located in an industrial area that closely bordered a residential area, he would have to vote against this Use Permit. Councilman Prescott noted the long history of the City in accommodating churches. He felt this would be a temporary hardship on the residents and eventually the church would become a welcomed member of the neighborhood. It saddened him that an issue involving a church had been made a "political football". The clergy should be encouraged to continue their work and be successful. It was moved by Edgar, seconded by Kelly, that Resolution 88-36 be adopted with the folloWing amendments: (1) that the church monitor the number of vehicles parked and submit the data, along with any other statistical information that may be required, to the City on a monthly basis and (2) at the first meeting in January that all data be reviewed. Councilwoman Kennedy asked if a one-year use permit could be considered and at that time ask for input from the residents. Councilman Edgar felt it would be a disservice to the church to limit the Use Permit to one year. Councilwoman Kennedy voiced her concern over the long process involved in revoking a Use Permit. If the approval was for a one-year basis and the church did not meet the requirements, the permit would lapse. Otherwise the residents would be forced to take steps to have the permit revoked. Councilman Prescott objected to having the church come before the Council for permission to continue. Christine Shingleton informed Council that non-compliance revocation language could be added to the Resolution. It was moved by Edgar, seconded by Kelly, that the revocation language be added to Councilman Edgar s original motion. At Councilwoman Kennedy's request, Josh Stewart spoke about his concern of becoming a statistician and the extra time it would require. In addition, to expend church funds with only a one-year option would be irresponsible on his part as pastor. CITY COUNCIL MINUTES Page 3, 4-4-88 Pastor Stewart's legal advisor stated his following concerns: who will determine the accuracy of the statistical data submitted by the church, asking the church to invest funds on a one-year basis, not recognizing that the church will be a responsible neighbor and not accepting the word of the church to comply with the permit. A substitute motion was made by Prescott, seconded by Edgar, to adopt the following: RESOLUTION NO. 88-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION CONDITIONALLY APPROVING USE PERMIT 88-5 TO ALLOW A CHURCH USE IN THE PLANNED INDUSTRIAL DISTRICT (PM) AT 330 W. SIXTH STREET The motion carried 3-2, Hoesterey and Kennedy opposed. 109 2. PROPOSED FAIRHAVEN AVENUE ANNEXATION NO. 144 TO THE CITY OF TUSTIN City Attorney Rourke reported that additional protests and withdrawals had been filed with the City Clerk. The Public Hearing was opened at 8:50 p.m. The following spoke in opposition of Annexation No. 144: Elva Woodland, 13132 Fairmont Way, Santa Ana Joe Herzig Donald and Judy Karwelis, 12891 Allegheny, Santa Ana Gerald Ball, 13271 Malena Drive, Santa Ana Walter Dieckmann, 17631 Rainier Drive, Santa Ana Wallace Porter, 13231 Fairmont Way, Santa Ana The following spoke in favor of Annexation No. 144: Douglas Chapman, 13252 Fairmont Way, Santa Ana Councilman Prescott requested that a letter from the Postmaster regarding address and zip code changes after annexation be sent to Mr. Karwelis. Ken Hoesterey, 14861 Braeburn, Tustin, spoke in defense of the Mayor's position. It was moved b Edgar, seconded by Kelly, that the Public Hearing be closed at 9: 1 p.m. and City Attorney Rourke will have the results of submitted protests and withdrawals at the next regular meeting on April 18, 1988. The motion carried 5-0. 24 3. PROPOSED PROSPECT AVENUE ANNEXATION NO. 145 TO THE CITY OF TUSTIN The Public Hearing was opened at 9:55 p.m. There was no one who wished to speak. It was moved by Edgar, seconded by Kelly, that the Public Hearing be closed and City Attorney Rourke will have the results of submitted protests and withdrawals at the next regular meeting on April 18, 1988. The motion carried 5-0. 24 4. ZONING ORDINANCE AMENDMENT 87-4 - CULTURAL RESOURCES DISTRICT Mayor Hoesterey stated that this Public Hearing will be moved to the May 2, 1988 agenda. CITY COUNCIL MINUTES Page 4, 4-4-88 Councilman Edgar moved that the full ordinance be mailed to residents of the district. Christine Shingleton, responding to Mayor Hoesterey's question about the cost, indicated that there would be an approximate cost of $2,000 to mail the notice and full ordinance to residents. It was moved by Edgar, seconded by Kennedy, that the notice be mailed to everyone and include the information that copies of the ordinance are available upon request at City Hall. Councilman Prescott said that he felt the property owners were entitled to receive full notice. Christine Shingleton informed the Council that a 3-4 page summary of the ordinance could be mailed along with the notice that copies of the full ordinance were available. A substitute motion was moved by _Kennedy, seconded by Hoesterey, that the notice and summary be mailed. The motion carried 4-1, Prescott opposed. 109 V. PUBLIC INPUT 1. GO-KART RACE Mr. Kinder said there were some problems with the alternative areas for the go-kart race and he is waiting for a staff report to resolve the problems. 96.1 VI. CONSENT CALENDAR It was moved by Kennedy, seconded by Edgar, that the entire Consent Calendar be approved. The motion carried 5-0. 1. APPROVAL OF MINUTES - MARCH 21, 1988, REGULAR MEETING FEBRUARY 29, 1988 ADJOURNED REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,318,357.61 RATIFICATION OF PAYROLL IN THE AMOUNT OF $174,631.78 50 3. RESOLUTION NO. 88-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, TERMINATING LA COLINA/BEVERLY GLEN ANNEXATION PROCEEDING NO. 142 Adopted Resolution No. 88-37 as determined by the number of protests filed and recommended by the City Attorney. P4 4. APPROVAL OF CONSULTANT SERVICES FOR PREPARATION OF CULTURAL RESOURCES INVENTORY OF CITY Approved the proposed scope of work (option 3) with the firm of Thirtieth Street Architects and authorized the City Manager to execute a contract for said services. 109 5. ROLLING STOCK REPLACEMENT Authorized solicitation proposals for replacement of rolling stock authorized in the 1987-88 fiscal budget as recommended by the Public Works Department/Engineering Division. 86 6. NARCOTIC ARREST ASSET FORFEITURE FUNDS - PURCHASE OF COMPUTER PRINTERS Approved utilization of $4,474.28 of our current on -hand narcotic arrest asset forfeiture monies to purchase one laser jet 500 forms printer and one HP 2235 desk top printer as recommended by the Police Department. 82 7. FUEL MANAGEMENT SYSTEM REPLACEMENT Authorized solicitation for proposals for replacement of Fuel Management System authorized in the 1987-88 fiscal budget as recommended by the Public Works Department/Field Services. 86 CITY COUNCIL MINUTES Page 5, 4-4-88 VII. ORDINANCE FOR INTRODUCTION 1. MUNICIPAL CODE AMENDMENT FOR 7:00 P.M. MEETING TIMES FOR PLANNING COMMISSION - ORDINANCE NO. 1006 An ordinance amending Section 1515 of the Tustin Municipal Code, changing the starting time of Planning Commission meetings from 7:30 p.m. to 7:00 p.m. It was moved by Edgar, seconded by Kelly, that Ordinance No. 1006 have first reading by title only. The motion carried 5-0. Following first reading by title only of Ordinance No. 1006 by the City Clerk, it was moved b Kenned seconded b Edgar, that Ordinance No. 1006 be introduced as o lows: ORDINANCE NO. 1006 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING SECTION 1515 OF CHAPTER 5, ARTICLE 1, OF THE TUSTIN MUNICIPAL CODE, CHANGING THE STARTING TIME OF PLANNING COMMISSION MEETINGS. The motion carried 5-0 VIII. ORDINANCE FOR ADOPTION RE 1. PROPOSED ORDINANCE ESTABLISHING PROCEDURES FOR REGULATION OF LAND USE AND CONSTRUCTION IN FLOOD PLAIN AREAS - ORDINANCE NO. 1005 Subject Ordinance had first reading by title only and introduction on March 21, 1988, following a public hearing on the matter. It was moved by Kennedy, seconded by Kelly, that Ordinance No. 1005 have second reading by title only. The motion carried 5-0. ..— Following second reading by title only of Ordinance No. 1005 y the City Clerk, it was moved by Kennedy, seconded by Edgar, that Ordinance No. 1005 be passed and adopted as follows: ORDINANCE NO. 1005 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING PROCEDURES FOR REGULATION OF LAND USE AND CONSTRUCTION IN FLOOD PRONE AREAS BY ADDING SECTION 9800 ET. SEQ., CHAPTER 8, TO ARTICLE 9 OF THE TUSTIN MUNICIPAL CODE ENTITLED, "FLOODPLAIN MANAGEMENT REGULATIONS" The motion carried 5-0. (Roll call vote) 81 IX. OLD BUSINESS 1. JWA NOISE MONITORING PROGRAM - STATUS REPORT Christine Shingleton reported that there had been no activity on the part of the consultant other than attendance at the John Wayne Airport Noise Monitoring Abatement Committee on March 29, 1988. She gave an update on the results of that meeting and on the Tustin Noise Measurement Program. It was moved by Kennedy, seconded by Kelly, to receive and file subject report. The motion carried 5-0. 101 2. ABANDONED PROPERTY AND ATTRACTIVE NUISANCE LOCATION AT 1472 GARLAND AVENUE, TUSTIN Councilwoman Kennedy asked if Items 1 and 4 could both be enacted and if that was the most powerful way to site the party and proceed with clean-up. Christine Shingleton indicated that the structure may not be completely repairable by the City and suggested that an appropriate letter be sent by the City Attorney. CITY COUNCIL MINUTES Page 6, 4-4-88 It was moved Ni sterey, seconded by Kennedy, that the City Attorney take thnecessary, appropriate action to abate this situation and report back to the Council. The motion carried 4-0, Kelly absent. 81 3. FOLLOW UP TO PARK WORKSHOP Councilman Edgar indicated that he felt an Ad Hoc Committee was not an effective plan and was in favor of establishing a Park Commission to gain community input. It was moved by Edgar, seconded by Prescott, to create a Park Commission consisting of five members, to be paid $25.00 per meeting, serving at the pleasure of the City Council and considering all park issues. Mayor Hoesterey felt that a committee established for specific tasks would be a more effective body as opposed to having a commission that demands constant attention by staff and an on-going commitment to regular meetings without a specific purpose. He would like to see establishment of an Ad Hoc Committee for a specific period of time and for the accomplishment of a specific goal. A substitute motion was made by Hoesterey, seconded by Kennedy, to establish an Ad Hoc Committee for specific park projects. Councilwoman Kennedy stated that an Ad Hoc Committee appealed to her because she likes passive parks as well as those designed specifically for sports. She wants each park to have input from immediate area residents and include two permanent members that would sit on all Ad Hoc Committees. Councilman Prescott said that guidelines could be drawn up under which the Park Commission would be forced to operate. The guidelines would stipulate mandatory neighborhood involvement for each park and require a balance in the types of parks. After further discussion, the substitute motion failed 2-31 Kelly, Prescott and Edgar opposed. The original motion carried 4-1, Hoesterey opposed. Councilman Edgar voiced his concerns regarding the drainage problems at the Columbus Tustin Park development. He was reluctant to wait for next year's budget process and wanted to direct staff to address the drainage issue immediately and then make specific detailed plans for the park. Mayor Hoesterey stated that since the fiscal year begins July 1, he would be comfortable waiting for the budgetary process and reviewing the matter as a whole. It was moved by Edgar, seconded by Kelly, to direct staff to prepare a detailed analysis for processing the drainage plans of Columbus Tustin Park and agendize for April 18, 1988. The motion carried 5-0. 76 X. NEW BUSINESS 1. THE ROLE OF THE CITY IN ENFORCING CC8R'S It was moved by Kennedy, seconded by Hoesterey, to agendize subject item for May 2, 1988. The motion carried 5-0. 81 2. AWARD OF CONTRACT FOR WATER MAIN IMPROVEMENTS ON WALNUT STREET, ORANGE STREET, PROSPECT AVENUE AND LOCKWOOD PARK PLACE It was moved by Edgar, seconded by Kelly, to award the contract for subject project to Zagros Company of Irvine, California, in the amount of $146,590.50 as recommended by the Public Works Department/Engineering Division. The motion carried 5-0. 107 CITY COUNCIL MINUTES Page 7, 4-4-88 3. AWARD ANNUAL PAVEMENT MARKING PROGRAM CONTRACT It was moved by Edgar, seconded by Kelly, to award the contract for the Annual Pavement Marking Program to Safety Striping Service, Inc., of Fillmore for an estimated annual cost of $26,558.00 as recommended by the Public Works Department/Engineering Division. The motion carried 5-0. 95 4. AWARD ANNUAL ASPHALT CONCRETE PAVEMENT PROGRAM CONTRACT It was moved by Edgar, seconded by Kelly, to award the contract for the Annual Asphalt Concrete Pavement Repair Program to Hardy and Harper Inc. of Irvine for an estimated annual cost of $229,875.00 as recommended by the Public Works Department/Engineering Division. The motion carried 5-0. 95 XI. REPORTS 1. PLANNING COMMISSION ACTION AGENDA = MARCH 28, 1988 It was moved by Edgar, seconded by Kelly, to ratify the Planning Commission Action Agenda of March 28, 1988. Councilman Prescott abstained on Item No. 7. The motion, carried 5-0. 80 2. RESPONSE TO INQUIRY OF MR. COX ON STEVEN'S SQUARE PARKING STRUCTURE It was moved by Edgar, seconded by Kelly, to receive and file subject report. The motion carried 5-0. 74 3. PROPOSED PRE -ANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SANTA ANA HILLS PROPERTY OWNERS It was moved by Edgar, seconded by Kelly, to receive and file subject report. The motion carried 5-0. 24 4. REPORT ON REQUEST FOR ENGINEERING STUDY AT THE INTERSECTION OF EL CAMINO REAL AND SIXTH STREET It was moved by Edgar, seconded by Kelly, to continue subject report to the April 18, 1988 meeting. The motion carried 5,-0. 75 XII. OTHER BUSINESS 1. CONDITIONS AT BEL AIR HOTEL Councilman Kelly was concerned about the existing conditions at the Bel Air Hotel parking lot and requested police involvement in the situation. 81 2. TRAFFIC ENFORCEMENT ON SIXTH STREET Councilwoman Kennedy requested police traffic enforcement on Sixth Street. 100 3. PARKS AND RECREATION ASSOCIATION BANQUET Councilwoman Kennedy reported on her attendance at the Parks and Recreation Association banquet where volunteer, Margarete Thompson, was honored and how proud she was of the respect that was given to Royleen White and Susan Jones by their peers. 76 4. WEED CONDITION ON EL CAMINO CITY LOT Councilman Prescott asked that Public Works check the weed condition on the City lot on E1 Camino. 85 5. STREET ENTRANCE SIGN PROGRAM Councilman Prescott requested an update on the street entrance sign program. At Mayor Hoesterey's request, the update will be agendized for April 18, 1988. 93 CITY COUNCIL MINUTES Page 8, 44-88 6. CREATION OF HIGH SCHOOL CITY GOVERNMENT INTERN PROGRAM Councilman Prescott requested agendization, on May 2, 1988, for the creation of a high school intern program enabling student involvement in the City government process and possibly earning credits toward their graduation while participating. 90 XIII. CLOSED SESSION Mayor Hoesterey announced that the City Council will recess to Closed Session to confer with the City Attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), and to consider personnel matters pursuant to Government Code Section 54957. XIV. ADJOURNMENT At 10:46 p.m., it was moved by Hoesterey, seconded by Kennedy, to recess to the Redevelopment Agency, thence to Closed Session to confer with the City Attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), and to consider personnel matters pursuant to Government Code Section 54957; and thence to a session on April 18, 1988 at 6:00 p.m. to interview Audit Committee candidates; and thence to the next regular meeting on April 18, 1988,`at 7:00 p.m. The motion carried 5-0. XV. FOLLOWING CLOSED SESSION At 11:15 p.m., the City Council reconvened and it was moved b Ed ar, seconded by Hoesterey, to set the City Manager's salary at 7,184.00 per month effective January 4, 1988. The motion carried 5-0. �� a �i�'�ME� CITY CLERI