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HomeMy WebLinkAboutCC MINUTES 1988 03 21MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA MARCH 21, 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 Mayor Hoesterey, and the Invocation was given by Councilman Edgar. II. ROLL CALL 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 Charles R. Thayer, Chief of Police Robert S. Ledendecker, Dir. of Public Works Ronald A. Nault, Finance Director Christine Shingleton, Dir. of Com. Development Susan Jones, Recreation Superintendent Royleen A. White, Dir. of Com. & Admin. Srvcs. Approximately 100 people in attendance III. PROCLAMATION - 1. PLAQUE - DONNA GILDER City Council honored Donna Gilder for being awarded second runner r" up in American Mothers 1988 contest. She was nominated by the Tustin Chamber of Commerce for her outstanding contributions to the community. Mayor Hoesterey presented her with a plaque from the Tustin City Council. 2. CONGRATULATIONS TO KEN AND DOROTHY HOESTEREY Mayor Hoesterey honored his parents Ken & Dorothy Hoesterey who are celebrating their 35th wedding anniversary. 3. TUSTIN HIGH SCHOOL BASKETBALL TEAM Continued to the April 4, 1988, City Council Meeting. IV. PUBLIC HEARINGS 1. PROPOSED FAIRHAVEN AVENUE ANNEXATION NO. 144 TO THE CITY OF TUSTIN City Attorney Jim Rourke indicated that he had just received addi- tional protests that he had not had a chance to review, and recom- mended that the proceeding be continued to the April 4, 1988, Coun- cil Meeting. The Public Hearing was opened at 7:10 p.m. Mrs. Elva Woodland stated she had talked with the Registrar of Voters Office and that Annexations No. 144, 145 and 142 had been killed because they all had over 50% protests. The following spoke in opposition to the subject annexation: Mrs. Elva Woodward, 13132 Fairmont Way Barbara Green, 17502 Rainier Dr. The Public Hearing was closed at 7:22 p.m. CITY COUNCIL MINUTES Page 2, 3-21-88 It was moved by Edgar, seconded by Kelly, to continue the subject hearing to the April 4, 1988, City Council Meeting. Under discussion, Mayor Hoesterey stated he didn't feel the need to continue this hearing any further. A substitute motion was made by Hoesterey, seconded by Kennedy, to close the hearing. Councilwoman Kennedy asked the City Attorney if we have the legal authority to close the Public Hearing at this time. Attorney Rourke answered in the affirmative. The substitute motion failed 2-3. Edgar, Prescott, Kelly opposed. The ori nial motion carried 3-2 to continue the subject Hearing unti the pril 4, 1988, City Council Meeting. Hoesterey and Kennedy opposed. 24 2. PROPOSED PROSPECT AVENUE ANNEXATION NO. 145 TO THE CITY OF TUSTIN The Public Hearing was opened at 7:30 p.m. There was no one who wished to speak, and the public hearing was closed. It was moved by Hoesterey, seconded by Kennedy to close the hearing. Motion carried 3-2, Hoesterey, Kennedy opposed. After discussion, it was moved by Edgar, seconded by Kelly, to continue the subject Hearing until the April 4, 1988, City Council Meeting. Motion carried 3-2, Hoesterey, Kennedy opposed. P4 3. PROPOSED LA COLINA/BEVERLY GLEN ANNEXATION NO. 142 TO THE CITY OF TUSTIN The Public Hearing was opened at 7:35 p.m. Carol Shrider, 12172 Ranchwood Rd, asked for a certification of signatures submitted at the last Hearing. Attorney Rourke stated there were 223 valid protests that have not been withdrawn. Ms. Shrider asked what the percentage of protests is in both cases. Attorney Rourke stated it would be more than 50% even counting the the withdrawals. Ms. Shrider stated that in light of the above, she could see no reason to continue this or the other two hearings. Ms. Shrider asked if there were any new signatures to be verified? Attorney Rourke stated he could not answer at this time. Ms. Shrider asked that the attorney make this determination and come back to this item later in the Council Meeting. Edgar suggested that the Council recess this Public Hearing until the Attorney can make a determination. Council concurred. The Public Hearing was closed at 7:45 p.m. 24 Mayor Hoesterey requested City Council move to Report 2, and 3, due to the number of people in the audience who desired to speak on the subjects. (Continued on Page 3) 4. SANTA ANA FREEWAY (I-5) WIDENING AGREEMENT (See Page 4) XI. REPORTS 2. PROGRESS REPORT - TUSTIN TAC -1 COMMITTEE Chairperson Edgar of the TAC -1 Fire Prevention Committee, asked the City to fund 100 smoke detectors and batteries to be installed in the mobile homes in Tustin. This means within the next month all mobile homes in Tustin will have smoke detectors. CITY COUNCIL MINUTES Page 3, 3-21-88 Kathleen Cha of the Orange County Fire Commission also spoke on the need for funding of the 100 smoke detectors. It was moved by Edgar, seconded by Hoesterey, to appropriate funds for 100 smoke detectors and batteries. Motion carried 5-0. 51 3. TILLER DAYS REPORT Linda Andrews, Tiller Days Chairperson, gave the Council a budget report stating that she has a little money left over. This year she would like to tie into the Orange County Centennial by bringing in 100 year old farm equipment, booking a calvary camp for three days, and reducing carnival rides. By doing this she will still need the same budget of $6,000 appropriated. It was moved by Edgar, seconded by Kennedy, to appropriate $6,000 to the committee. Motion carried 5-0. Mayor Hoesterey asked Attorney Rourke if he was ready regarding Public Hearing No. 3. He answered in the affirmative. 41 IV. PUBLIC HEARINGS (Continued from Page 2) 3. PROPOSED LA COLINA/BEVERLY GLEN ANNEXATION NO. 142 TO THE CITY OF TUSTIN The open Public Hearing was reconvened at 7:46 p.m. Attorney Rourke stated that it appears there is a protest of approximately 61% and he doesn't see anything submitted tonight that would change it. It was moved by Kennedy, seconded by Edgar, to close the Public Hearing. Motion carried 5-0. It was moved by Edgar, seconded by Kennedy, that since the protests were in excess of 50%, the annexation be terminated. Motion carried 5-0. Councilman Prescott stated that he would like to lament that the people in 142 were denied the right to vote. Hopefully someday they will have that right. Attorney Rourke stated he will submit at the next Council meeting a Resolution pursuant to this action. Councilman Kelly asked that Report No. 5 be addressed as Mr. Corea from Roma D' Italia wished to speak. 24 XI. REPORTS 5. REPORT ON REQUEST FOR ENGINEERING STUDY AT THE INTERSECTION OF EL CAMINO REAL AND SIXTH STREET. Councilman Kelly stated that the problem in the area was caused by old cars that were parked in the area and the problem has since been eliminated and he feels Council should do something about the parking situation by eliminating the red curbs at that inter- section. Mr. Louie Corea, 611 El Camino Real, stated that several years ago the garage across the street had old cars parked in front of it. At that time the City painted the curbs red. Mr. Corea requested the red curbs be eliminated to provide his restaurant more parking on the street. Councilwoman Kennedy asked staff if anything could be done without jeopardizing the safety factors. The Director of Engineering stated they could look at it and perhaps provide a few spaces but would not recommend eliminating CITY COUNCIL MINUTES Page 4, 3-21-88 all the red curbing on Sixth Street and E1 Camino Real. Staff will report back with detailed analysis. 95 IV. PUBLIC HEARINGS (Continued from Page 2) 4. SANTA ANA FREEWAY (1-5) WIDENING AGREEMENT The subject Freeway Agreement supersedes previous Freeway — Agreements dated 6-29-54 and 1-13-59 which pertain to those portions of the Santa Ana Freeway within the Tustin City limits. Prior to the commencement of any freeway construction project within the limits of a local jurisdiction, Caltrans requires the execution of a Freeway Agreement such as subject document. The Director of Engineering gave the staff report. Councilwoman Kennedy stated that after reading the report this appears something that Council has no power over and the City has to give its approval. The Director of Engineering concurred. The Public Hearing was opened at 8:15 p.m. Mr. Richard Vining 400 W. Main, reminded Council of the lady who appeared before the last Council meeting and the manner in which this lady was treated by Caltrans. He stated that Council should address this issue. Mr. Vining asked staff if there was going to be any odd size lots available for public use by the expansion of the freeway. He also asked about the neighborhood park, will it be replaced? The Director of Engineering stated that the parcel Mr. Vining is referring to is south of the Freeway by Pasadena. That parcel is owned by Caltrans and leased by Tustin. The Director of Engineering stated there will be some residual par- cels that they may sell. He also stated that staff has a meeting within the next week with Caltrans and will bring up the concerns of Mrs. Lawrence of 145 So. Pasadena. Mr. Vining also asked staff to look at alternatives as there is a house on Yorba called the Watson house that is scheduled to be torn down an if there is some residual parcel to put that house on, it would be beneficial to the community. After discussion, the Public Hearing was closed at 8:23 p.m. It was moved by Edgar, seconded by Prescott, to comply with all the recommendations. Motion carried 5-0. Councilman Hoesterey directed staff to send letter to Caltrans stating the Council concerns in dealings with future individuals and the manner in which they conduct themselves. Councilman Kennedy concurred and Councilman Prescott requested we send a copy to the paper. It was moved by Hoesterey, seconded by Kennedy, to send above mentioned letter. Motion carried 5-0. 54 V. PUBLIC INPUT 1. TREES AT SENIOR CENTER SITE Mr. Richard Vining asked if the trees on "C" Street at the location of the Senior Center were going to be saved. The Recreation Superintendent stated the trees will be saved with the exception of the palm trees. Mr. Vining stated that the coco palms are easily moved and it is an ideal time to move them. Staff will look into that possiblity. CITY COUNCIL MINUTES Page 5, 3-21-88 Councilman Prescott suggested that demolition people be contacted the next day so the trees are not cut down. 41 2. DOWNTOWN PARKING Mr. Philip Cox, 405 E1 Camino Real, stated that in 1986 he came before three members of the Council requesting that additional use be encouraged for the use of the public parking lot known as the Stevens Square Condominium parking, along with a petition signed by 95 business people in the downtown Tustin area. He stated he has been patient for two years and has seen no improvement in this area. He presented photographs of signs concerning parking restrictions. Mayor Hoesterey asked staff to look into the possibilities to further the use of that particular parking structure and report back to the City Council. Councilman Prescott asked staff to look into the possibilities of doing something with the City owned lot on El Camino and suggested perhaps it could become a pedestrian access to the parking structure. Mr. Cliff Polston asked that item No. 1 under Old Business concern- ing the Grand Prix Kart Racing be moved up on the Agenda. Mayor Hoesterey stated that after public input he would address that issue. 74 IX. OLD BUSINESS 1. GRAND PRIX KART RACING PROPOSAL Mike David, 445 1/2 6th Street, stated he is opposed to the proposed sight. He feels 15,000 to 18,000 people would damage the environment. He suggested moving to a remote area within the City. Mayor Hoesterey requested a staff report. City Manager said the only thing he would like to add to the report is the critical issue of location. He presented some viable alternatives to the proposed location. The other issue is insurance. We have met with the proponents of the project and asked for a minimum of 10 million dollars coverage based on recommendation of the City underwriter. Staff wants to see the actual policy before Council gives final approval of the event. The last item is the cost to the City to provide support, such as the $15,000 for the police. For profit events we can not use the Explorer Scouts so we would have to use sworn police officers. In response to Councilman Kelly, the City Manager said there was a special insurance for the Chili Cookoff at a cost of around $1,000. Also, the City requires a special liability policy for Tiller Days where liquor is served. Mr. Kinder thanked the Council and staff for their support.. He is concerned about the 10 million liability proposal. He feels it's unreasonable. He feels clean up figures are realistic. The police figures of $15,000 are way out of line. The location is important and they like the first choice of the downtown area. Alternative locations are acceptable. Mr. Cliff Polston stated this is the first opportunity the Boys Club has ever had for the opportunity to raise between $5,000 and $25,000. He basically wants City Council and City staff's approval. In the last few years we have lost approximately $50,000 worth of revenue. Dorothy Patton, 315 South "C" Street, indicated that she is against the race in the downtown area. CITY COUNCIL MINUTES Page 6, 3-21-88 Mr. Richard Vining asked how the people on "C" street will get in and out of their neighborhood and how much of Peppertree Park will still be under construction? Mr. Hoesterey responded that groundbreaking is scheduled for March 30th and it will be anywhere from a one year to one and one-half year project. Mr. Keith Gravesen (Mullin Lumber Co.) said that after two conversations with Mr. Kinder, Mullin Lumber Company's main concern is the location and closure of First Street. Mr. Kinder explained to me that First Street would be closed entirely from about Friday 9:00 p.m. until the close of the events on Saturday, July 2nd. Our company will be closed down on Sunday. Mr. Kinder offered several alternatives: 1) remain open and they would provide foot traffic and parking on alternate off street site. 2) close down part of First Street, or 3) move the event to a different site. My company would like to see the location moved so that it would not necessitate closing the store. I would like you to consider a different alternate route where a major street would not be closed. Mayor Hoesterey said that there has been a question raised about what would happen to the people on "C" Street and Mr. Huston would like to respond to that. Mr. Huston said this had been addressed in staff reports and from a police and fire standpoint it is not desirable. In the meeting with Mr. Kinder, he talked about perhaps keeping part of First Street open for access. I think that adds to our concern of trying to maintain that type of event on a street and having partial opening for emergencyaccess with the crowd, our trucks, police cars, lumber trucks, etc. Mrs. Kennedy had the following question: 1) From the budget, I see there is a large fee being paid to CKRA for $75,000. Who is receiving that fee and where are those funds coming from? Mr. Kinder said that CKRA is Championship Kart Racing Assn. They have a staff that is involved in the running of the Association. Those monies are projected the same way as if you had salaries for people, fringe benefits, etc. Everything works off the revenue side of the fence. If the revenue side of the fence does not meet the projections there are certain fixed costs allocated in the expense side and also variables. The CKRA management is directly correlated to the ability of the organization to acquire sponsorships. The sponsorships will involve a series of youth groups, CKRA management personnel such as Jim Madrid. They will be responsible for soliciting business for advertising. A percentage of that goes to that organization that participates in that program. A percentage of it stays in the CKRA funds for their operating expenses. Mr. Kinder said that television coverage will cost $45,000 to $60,000. This money will be generated from sponsorships, sale of advertising, etc. Mrs. Kennedy asked how many entries would be in the Tustin race. Mr. Kinder responded that for the professional drivers, we will have 5-8 classes of racing involving approximately 60 drivers. We will also have amateur drivers involving 100 entries in about 10 different classes. Mrs. Kennedy said that the City is concerned about the insurance and what Mr. Kinder sees as hesitancy from the staff is caution. We are self-insured and when our Risk Manager suggests $10 million, we agree. We did have a go-kart death in the past. Discussion continued regarding liability for sponsors and the expected noise level. CITY COUNCIL MINUTES Page 7, 3-21-88 Charles Thayer, Chief of Police, informed Mrs. Kennedy that, with volunteer help, the Police Dept. would use 130 man hours to cover this event equaling a total cost of $14,200. Four percent (4%) of the monies spent will go to the Tustin Boys Club. The Explorer Scouts cannot be used as volunteers for this event because it is not a fund raising event. Councilman Edgar asked if the amount of required police involvement would be minimized if the event were held in an area other than the downtown area. Chief Thayer said one of our major concerns is keeping the "pit area" alcohol free. As far as change of location, it could have a effect. But we have already trimmed the man hours down so far now, that I have difficulty giving you a definite answer. All areas have unique problems. Mr. Kinder assured the Council that absolutely no alcohol would be allowed in the pit area. Councilman Edgar expressed concern regarding the location. Blocking off of First Street would cause increased traffic through residential areas. Also parking for an event of this magnitude in a downtown area for the duration of the event is something I think would be unacceptable. I think the concept of moving the event to an industrial area lends itself to far better control of the operation. Adequate liability insurance is critical, and we would be irresponsible to ignore the advice of the Risk Manager. John Kelly expressed that if we require $10 million liability for this, it should be for every event held in Tustin. This will limit support. The way the course is laid out will limit allowable speed. I feel the !�! risk is not that great. I want the money for the Boys Club. I would like to see the location moved to Tustin Ranch Rd./Bryan Ave. area. and reduce the liability to $1 million. One million is more than adequate. Mayor Hoesterey said that his concerns are 1) liability, 2) proposed on busiest weekend. Too much enthusiasm can cause mistakes. This event is different than was originally proposed and the City's involvement is different. I, too, am uncomfortable with holding this in a downtown area and closing First Street. I agree that an industrial area would be better. I am still undecided as to the proper amount of liability insurance. Concerns about hosting this event do not mean we are not in support of the Boys Club. After further Council/staff discussion, it was moved by Edgar and seconded by Kennedy, to approve the go-cart operation with the indication that the Council's support is inclusive of the six sites that are identified by the Chief of Police and leave to his judgment which of those sites are best. Approval is contingent upon adequate liability insurance as determined by the Risk Manager and an agreement of guaranteed profit for the Boys' Club. 96.1 The motion carried 5-0 VI. CONSENT CALENDAR Item No. 6 was removed from the Consent Calendar by Councilman Kelly and Item No. 4 was removed by Councilwoman Kennedy. It was moved by Edgar and seconded by Kennedy, to approve the remainder of the Consent Calendar. The motion was carried 5-0. 1. APPROVAL OF MINUTES - March 7, 1988, REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,718,780.59 RATIFICATION OF PAYROLL IN THE AMOUNT OF $171,187.20 50 CITY COUNCIL MINUTES Page 8, 3-21-88 3. RESOLUTION NO. 88-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RECERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR 87-2) PREPARED IN CONJUNCTION WITH THE SAN DIEGO PIPELINEPROJECT IS ADEQUATE AND COMPLETE WITH THE INCLUSION OF EIR ADDENDUM 88-01 AND MAKING FINDINGS WITH RESPECT TO MITIGATION OF SIGNIFICANT ENVIRONMENTAL EFFECTS AND OVERRIDING CONSIDERATIONS AND CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT 87-02 TO INCLUDE EIR ADDENDUM 88-01 Adopted Resolution No. 88-33 as recommended by the Community Development Department. 81 5. RESOLUTION NO. 88-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING A HOME MORTGAGE FINANCE PROGRAM IN COOPERATION WITH THE COUNTY OF ORANGE Adopted Resolution No. 88-31 and the accompanying Cooperative Agreement between the City of Tustin and the County of Orange, for participation in a Home Mortgage Finance Program as recommended by the Community Development Department. 81 7. RESOLUTION NO. 88-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DECLARING ITS INTENTION TO ORDER THE FORMATION OF UNDERGROUND DISTRICT NO. 10 ON NEWPORT AVENUE BETWEEN WALNUT AVENUE AND THE SANTA ANA FREEWAY, AND ON McFADDEN AVENUE BETWEEN NEWPORT AND WALNUT AVENUES AND SETTING A PUBLIC HEARING THEREFOR Adopted Resolution No. 88-34 as recommended by the Public Works Department, Engineering Division. 104 8. FEASIBLITY STUDY FOR VACATING A PORTION OF SAN JUAN STREET Approved the amendment to Agreement No. 12-002 and authorized the Mayor to execute subject agreement as recommended by the Public Works Department, Engineering Division. 96 9. EAST TUSTIN ASSESSMENT DISTRICT NO. 85-1 EDISON COMPANY UTILITY AGREEMENTS Approved the four Edison Company Utility Agreements for Jamboree Road between E1 Camino Real and Bryan Avenue (2), Bryan Avenue between Browning Avenue and Jamboree Road and Irvine Boulevard between Tustin Ranch Road and Jamboree Road and authorized the Mayor to execute said agreements as recommended by the Public Works Department, Engineering Division. 104 E�e:_ �. Consent Calendar Item No. 4 - RESOLUTION NO. 88-29 - Councilwoman Kennedy requested that the house on Yorba be formally reviewed by the overlay district for historical value of the house. The property owner is willing to allow the house to be moved. Christine Shingleton reported that this property is outside the boundaries of the proposed district, therefore, there is no authorization for review by the proposed advisory committee. The architect has provided the City with a report stating that the house has severe damage and cannot be moved without risking structural damage. In addition, a review of City records indicates that the house is not related to any significant historical event nor does the house meet any of the qualifying criteria that are in the proposed district or any state or national designation requirements. Councilwoman Kennedy suggested that a letter be sent to the Historial Society, with a copy to TRUST, informing them that the City is going to lose this structure for the reasons stated above and have the Society photograph the house. Council concurred. At staff member's request, David Clayton from Hillstreet Partnership spoke on the moving of the structure. The house would have to be divided into five parts prior to moving. The roof would have to be removed, take the slates off, store them and rebuild the structure with new timbers. It is not practical to do this. It was moved by Kennedy, seconded by Edgar, that Resolution No. 88-29 be adopted and the Historical Society be notified. CITY COUNCIL MINUTES Page 9, 3-21-88 4. RESOLUTION NO. 88-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING TENTATIVE PARCEL MAP 87-412 LOCATED AT 165 N. MYRTLE AND 14851 YORBA STREET The motion carried 5-0. EE Consent Calendar Item No. 6 - Fourth of July Fireworks - Councilman Kelly would like to go with the low bid of $9,000 and requested the City Attorney to elaborate on the liability problems. The City Manager indicated the reason for recommending the second lowerst bidder, which was a difference of $1,000, was due to unsatisfactory past performance of the low bidder. It was moved by Kelly, seconded by Kennedy, to approve the following: FOURTH OF JULY FIREWORKS Authorize the City Manager to sign an agreement in the amount of $9,000 with the Pyro Spectacular Fireworks Company to provide a pyro-musical show for the Annual Fourth of July Celebration as recommended by the Community Services Department. The motion carried 5-0. 4 5. Mayor Hoesterey requested a five minute recess. The meeting was reconvened at 10:23 p.m. VII. ORDINANCES FOR INTRODUCTION 1. PROPOSED ORDINANCE ESTABLISHING PROCEDURES FOR REGULATION OF LAND USE AND CONSTRUCTION IN FLOOD PLAIN AREAS The Community Development Director reported on changes in the National Flood Insurance Program requiring cities that participate in the program to comply with State and Federal law. This proposed ordinance will bring the City into compliance. It was moved by Kennedy, seconded by Edgar, that Ordinance No. 1005 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No10005 by the City Clerk, it was movedby Kennedy, seconded b Edgar, that Ordinance No. 1005 be introduced 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 PLAIN AREAS BY ADDING SECTION 9800 ET. SEQ., CHAPTER 8, TO ARTICLE 9 OF THE TUSTIN MUNICIPAL CODE ENTITLED, "FLOOD PLAIN MANAGEMENT REGULATIONS" The motion carried 5-0. VIII. ORDINANCES FOR ADOPTION m 1. ZONING AMEMDMENT TO ALLOW A CHURCH IN PLANNED INDUSTRIAL DISTRICT SUBJECT TO USE PERMIT Subject Ordinance had first reading by title only and introduction on March 7, 1988. It was moved by Edgar, seconded by Kennedy, that Ordinance No. 1003 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 1003 by the City Clerk, it was moved by Edgar, second�ed�by_Kelly, that Ordinance No. 1003 be passed and acTopted sa o owl T s: ORDINANCE NO. 1003 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING ZONING ORDINANCE AMENDMENT SECTION 9241 (b.) OF PART 4 OF CHAPTER 9 OF THE TUSTIN CITY CODE TO ALLOW CHURCHES IN THE PLANNED INDUSTRIAL (PM) DISTRICT SUBJECT TO A CONDITIONAL USE PERMIT CITY COUNCIL MINUTES Page 10, 3-21-88 Carried -3-2, Hoesterey and Kennedy opposed (Roll Call Vote) Hoesterey voted against the ordinance because it addresses one particular industrial park. 109 2. SAN DIEGO PIPELINE FRANCHISE Subject Ordinance had first reading by title only and introduction on March 7, 1988, following a public hearing on the matter. It was moved by Hoesterey and seconded by Edgar, that Ordinance No. 1004 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 1—�tFie City Clerk, it was moved by Edgar and seconded by Hoesterey, that Ordinance No. 1004 be passed and adopted as follows: ORDINANCE NO. 1004 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 999 (SAN DIEGO PIPELINE FRANCHISE) Carried 5-0 (Roll Call Vote) 81` IX. OLD BUSINESS 1. GRAND PRIX KART RACING PROPOSAL (See Page 5) 2. JWA NOISE MONITORING PROGRAM - STATUS REPORT Christine Shingleton, Director of Community Development, indi-cated that Mr. Van Houten is still reviewing the additional data. A meeting is scheduled for March 29, 1988, to discuss the full noise monitoring equipment. A full report will be provided for the Council after that meeting. Mayor Hoesterey spoke on his participation at the FAA's review of the joint use of E1 Toro Airport. 101 3. CITY OF TUSTIN PROMOTION MATERIAL It was moved by Hoesterey and seconded by Kelly, that due tolateness of the hour, this subject be discussed during a work -shop. Carried 5-0. 21 4. PARK FINANCING WORKSHOP FOLLOW UP As recommended by staff, it was moved by Edgar and seconded by Prescott, that this item be continued to the April 4, 1$$8,meeting. This continution to include addressing of the Park Commission. Carried 5-0. 5. AUDIT COMMITTEE SELECTION 77 After discussion, it was moved by Kelly and seconded by Kennedy, to select Option 1 and interview all candidates on April 18, 1988 at 6:00 p.m. Carried 5-0. X. NEW BUSINESS 1. LETTER OF UNDERSTANDING - TUSTIN RANCH COMMUNITY PARK SITE 27 It was moved by Edgar and seconded by Hoesterey that the Council approve the Letter of Understanding and authorize the City Manager to execute same. Carried 5-0. 77 CITY COUNCIL MINUTES Page 11, 3-21-88 2. FINAL TRACT MAP NO. 13080 RESOLUTION NO. 88-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL TRACT MAP NO. 13080 It was moved by Edgar and seconded by Kennedy that the Council approve Final Tract Map No. 13080 by the adoption of Resolution No. 88-30. 99 Carried 5-0- 3. FINAL TRACT MAP NO. 13053, J.M. PETERS COMPANY RESOLUTION NO. 88-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL TRACT MAP NO. 13053 It was moved by Edgar and seconded by Kennedy, that the Council approve Final Tract Map No. 13053 by the adoption of Resolution No. 88-32. Carried 5-0. 4. REDEMPTION OF OUTSTANDING TWW BONDS PAYABLE AT 8.0 PERCENT DUE TO MATURE MARCH 23, 1991 It was moved by Edgar and seconded b Kenned , that the City Council direct the Finance Director to call 300,000 of the Tustin Water Works Bonds payable at 8.0 percent and scheduled for maturity March 23, 1991, and to call a meeting of the City of Tustin Water Corporation to approve this action prior to sending the Notice of Redemption. Carried 5-0. 5. REQUEST FOR TREE REMOVALS 107 It was moved by Kennedy and seconded by Edgar, that the City Council approve the Public Works Departments' recommendation on tree removals per staff report. Carried 5-0. 6. SETTING DATE - CAPITAL IMPROVEMENTS WORKSHOP FA It was moved by Edgar and seconded by Hoesterey, that Wednesday, April 20, 1988 at 7:00 p.m., be set for Capital Improvements Workshop. Carried 5-0. 7. COMMITTEE APPOINTMENTS BY THE MAYOR Mayor Hoesterey made the following committee appointments: Title of Committee Representative Alternate Sanitation District 7 Richard Edgar Ursula Kennedy Sanitation District 14 Ursula Kennedy Richard Edgar Sanitation District 1 Ronald Hoesterey Ursula Kennedy Joint Powers Authority Richard Edgar Ronald Hoesterey O.C. Vector Control Ursula Kennedy John Kelly League of Cities Ronald Hoesterey Richard Edgar NEOCC John Kelly (None) I-5 Freeway Earl Prescott (None) East Tustin Policy Ronald Hoesterey Ursula Kennedy S.A. River Flood Control Earl Prescott (None) E CITY COUNCIL MINUTES Page 12, 3-21-88 XI. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - MARCH 14, 1988 It was moved by Prescott and seconded by Edgar, to appeal Item No. No. 5 - Variance No. 88-02 (Tenant Identification Monument Sign for Home Federal Savings at Irvine Blvd. and Holt Ave.) Carried 4-1, Kennedy abstained. It was moved by Hoestere and seconded b Kennedy, to appeal Item No. 7 -'Use Permit 88-5 Vineyard Christian Fellowship for location of a church in the planned industrial district). Carried 5-0. It was moved by Kennedy and seconded by Edgar,, to ratify the Planning Commission Action Agenda of March 14, 1988, with the exception of Items No. 5 and 7. Motion carried 5-0. 80 2. PROGRESS REPORT - TUSTIN TAC -1 COMMITTEE - (See Page 2 of minutes) 3. TILLER DAYS REPORT - (See Page 3 of minutes) 4. INVESTMENT SCHEDULE AS OF FEBRUARY 29, 1988 It was moved by Edgar and seconded by Hoesterey, to receive and file. Carried 5-0. 50 5. REPORT ON REQUEST FOR ENGINEERING -STUDY AT THE INTERSECTION OF EL CAMINO REAL AND SIXTH STREET - (See Page 3 of minutes) 6. ADDRESS AND ZIP CODE CHANGE FOR NEWLY ANNEXED AREA OF TUSTIN Christine Shingleton, Director of Community Development, reported to Council that the Postmaster has been contacted and the Postmaster will report back as soon as he has information on the matter. 100 7. SANTA ANA PRE -ANNEXATION AGREEMENT It was moved by Hoesterey and seconded by Kennedy, to defer this action to April 4, 1988. Carried 5-0. 24 XII. OTHER BUSINESS - None XIII. ADJOURNMENT - At 11:10 p.m., the City Council recessed to Closed Ses- sion to confer with the City Attorney regarding pending litigation pur- suant to Government Code Section 54956.9(b)(1), and to consider person- nel matters pursuant to Government Code Section 54957, and thence ad- journed to the next regular meeting on April 4, 1988, at 7:00 p.m. XIV. FOLLOWING CLOSED SESSION At 11:30 p.m., the City Council reconvened and it was moved by Edgar, seconded by Hoesterey, to adopt the following Resolution: RESOLUTION NO. 88-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO THE COMPENSATION OF ADMINISTRATIVE AND MANAGEMENT EMPLOYEES. The motion carried 5-0. CIT LERK 79