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HomeMy WebLinkAboutCC 1 MINUTES 03-06-89MINUTE~. OF AN ADJOURNED REGULAR MEETING THE CITY COUNCIL OF TF .~_£Y OF TUST'rNv C/%L'rFORN'r. FEBRUARY 21, 1989 III. Vo CALL TO OP. DER/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. INVOCATION Due to the absence of Pastor Jack Lee, the Invocation was given by Councilman Hoesterey. ROLL CALL Council Present: Council Absent-. Others Present: Ursula E. Kennedy, Mayor · Richard B. Edgar, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott None 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 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. 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 going. PUBLIC HEARINGS 1. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEA~ING 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 d~ so and to complete the necessary forms prior to addressing th 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 Hea~ing at 7:19 p.m. and read th~ 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 an= 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. 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 question 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: A1 Potenza, 1742 Greenmeadow, Tustin Shirley Griset, 27245 Aurora Drive, Hemet CITY COUNCIL MINUTES Page 3, 2-21-89 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 th~ Plaza LaFayette Center as an example. He did not believ 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 ~ame 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 tb 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. 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 regarding 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 Hoesterey, 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. 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 ~embers of the ~co.mmunity ..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 Page 5, 2-21-89 VI. There were no other speakers on the matter and the Public Hearing was closed. · It was moved by Prescott, seconded b_v 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 NUISANCEAND 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 It was moved by Hoesterey, seconded ,by .~.dq~r, to table subject matter at this time. The motion carried 5-0. 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 HoestereY, 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 APPROVED DEMANDS IN THE AMOUNT OF $910,970.70 R~TIFIED PAYROLL IN THE AMOUNT OF $197,788 39 "]71 . , ..~ ~ RESOLUTION NO. 89-15 - A RESOLUTION OF THE CITY COUNCIL OF THE ' CITY OF TUSTIN,-CALIFORNIA-, APPROVING THE APPEAL OF AMENDMENT NO. i 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. i to Use Permit 87-14 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 TF SENIOR CITIZENS' SHARED HOUSING PROGRAM OF THE STATE O. CALIFORNIA Approved Resolution No. 89-28 authorizing the application for grant funds from the Senior Citizens' Shared Housing Program of the State of California 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. 7. HOLD HARMLESS AGREEMENT - ORANGE COUNTY SHERIFFtS 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. 8. REJECTION OF CLAIM NO. 89-2; CLAIMANT-CARL ROBINSON, DATE OF L088-8/18/88, DATE FILED WITH CITY-2/6/89 Rejected subject claim for personal damage in the amount of $1,000,000. 9. REJECTION OF CLAIM NO. 89-:3; CLAIMANT-FREDERICK BURRELL, DATE OF L088-8/18/88, DATE FILED WITH CITY-9-/$/89 Rejected subject claim for personal damage in the amount ¢ $1,000,000. 10. REJECTION OF CLAIM NO. 88-66; CLAIMANT-JO~N 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. 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 Hoesterey, 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. CITY COUNCIL MINUTES Page 7, 2-21-89 VIII. ORDINANCES FOR INTRODUCTION - None ORDINANCES FOR ADOPTION 1. PEI~.IT THE ISSUANCE OF A CERTIFICATE OF COI~PLIANCE TO CONVERT STOCK COOPEEATIVE TO & CONDOI(INIU~ - ORDINANCE NO. 1020 It was moved by Edgar, seconded bY Hoesterey, that Ordinance No. 1020 have second reading by title only. The motion carried 5-0. Following second reading by. title only of Ordinance No. 1020 by the City Clerk, it was moved by Hoesterey. seconded by Sdaar, 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) TRAINING OF PEACE OFFICERs AND OF PUBLIC SAFETY DISPATCHERS - ORDINANCE NO. 1017 It was moved by Edgar,.seconded by Ho~sterey, that Ordinance No. 1017 have second reading by title only. The motion carried 5-0. Following second reading by title only of Ordinance No. 1017 by the City Clerk, it was moved by Edgar, seconded by Hoesterey, 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) X. OLD BUSINESS 1. STATUS REPORT '- JOHN WAYNE AIRPORT NOISE HONITORING PROGRAI~ (,J-WA) · COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CEAS). · AIRPORT SITE COALITION (ASC) AND HELICOPTER OVERFLIGHT PROGRAM TASK FORCE (HOPTF) Christine Shingleton, Director of Community Development, gave a staff report as contained im the Community Development memorandum dated February 21, 1989. It was moved by Hoestere¥, seconded by Edgar, to receive and file subject report. The motion carried 5-0. 2. GENEEAL PL]~ ~ENDI. fENT 88-02 ~ ~.ONE CH]~GE 88-02 (SAN JUAN AP]LRTHENT S ) 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 XI. RESOLUTION NO. 89-19 (A) - A RESOLUTION OF THE CITY COUNCIL 0w THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMEN 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 Pro Tem Edgar 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 surrounding , 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 Hoesterey, seconded by Edgar, that Ordinance No. 1019 have first reading by title only. The motion carried 5-0. Following first reading by title only of Ordinance No. 1019 by the City Clerk, it was moved by Hoesterey, seconded k KellY, that Ordinance No. 1019 be introduced as follows with th~ 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) The motion carried 3-2, Kennedy and Edgar. opposed. 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 aD" conveyed their appreciation. 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 explo're creative solutions to prevent the collection of debris within the Flood Control property westerly of Red Hill Avenue. Council concurred. CITY COUNCIL MINUTES Page 9, 2-21-89 2. AWARD OF CONTPJ%CT FOR THE INSTALLATION OF STREET LIGHT CONDUIT AT GLENARBOR AVENUE AND HOLLYHOCK AVENUE It was moved by ~oestere¥,. seconded by Edaar, 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 motioD carried 5-0. 3. AWARD OF CONTPJ%CT FOR THE RECONBTRUCTION OF INTERLOCKING CONCRETE PAVER SIDEWALK ON EL CAMINO REAL AND MAIN STREET It was moved by '~oesterey, 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 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 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. 5. AWARD OF CONTRACT FOR RAWLINGS RESERVOIR REPAIR It was moved by Hoesterey, seconde, d 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 XII. Robert Ledendecker, Director of Public Works, responded that thi~ project, in addition to installing the liner to stop the leakage would include reducing the reservoir's capacity from 5 million to 4.2 ~illion gallons. The structural evaluation had indicated there was a potential, during an earthquake with full capacity, for structural failure. These corrective measures were considered ~ong-termsolutions, 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. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - FEBRUARY 13, 1989 It was moved by Hoesterey, seconded by Edgar, to ratify the Planning Commission Action Agenda of February 13, 1989. The motion carried 5,0. FIRE HYDP. ANT STATUS ON LOCKWOOD PARK PLACE· "D" STREET AND OP.~NGEWOOD L~NE It was moved by Hoesterey, seconded by Edgar, to receive and file subject report. The motion carried 5-0. XIII. PUBLIC INPUT - None XIV. OTHER BUSINESS 1. EXCESSIVE TRASH BEHIND VON'S 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. 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'COMMITTEE 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. HIGH DENSITY DEVELOPMENT IN SANTA ANA Councilman H°esterey 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 XVo 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 Aha' 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 report. William Huston, City Manager, responded that a consultant would have to. be hireddue 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. DAHAGE TO CITY WELCOHE 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 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. HISTORICAL GRADING/JAMBOREE ROAD ANDLOWER 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. ~0. ADJOU~NT IN MEMORY OF JOHN JA~IESON, PAST PRESIDENT OF THE TUSTIN CNAMBER OF COI~ERCE 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. 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. CITY COUNCIL MINUTES Page 12, 2-21-89 ADJOU~~"~ 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. RECONVENEHENT - COMPENBATION 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 HoestereY, to adopt the following: R~SOLU~ION NO. 89-Z9 - A RESOLUTION OF THE CITY COUNCIL OF TRE CITY OF TUSTIN, CALIFORNIA, RELATING TO THE COMPENSATION OF CONFIDENTIAL EMPLOYEES The motion carried 4-0, Kelly absent. I~YOR CITY CLERK