Loading...
HomeMy WebLinkAboutCC 1 MINUTES 02-20-90MINUTES OF A REGULAR MEL ,G OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FEBRUARY 51 1990 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Edgar at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Kelly. II. INVOCATION The Invocation was given by Chaplain Norman Williams, Marine Corps Air Station. III. ROLL CALL Council Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem John Kelly Earl J. Prescott (Council position vacant) Council Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Dir./Community Development Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Royleen White, Dir./Community & Admin. Services Fred Wakefield, Police Captain Steve Foster, Police Captain Daniel Fox, Senior Planner Dana Kasdan, Engineering Services Manager Susan Jones, Recreation Superintendent Randy Westrick, Recreation Supervisor Valerie Whiteman, Acting Chief Deputy City Clerk Approximately 80 in the audience IV. TUSTIN AREA SENIOR CENTER FUND, INC. DONATION - EDGAR AND LIBBY PANKEY Edgar and Libby Pankey proudly presented a gift of $2,000 to the Tustin Area Senior Center Fund, Inc. Margarete Thompson, on behalf of the Senior Center and the senior citizens of Tustin, thanked the Pankeys for the donation which would be used to purchase a globe for the Senior Center library. V. PUBLIC HEARINGS 1. VACATION AND ABANDONMENT OF CHAMPION WAY WESTERLY OF JAMBOREE ROAD Robert Ledendecker, Director of Public Works, gave a staff report regarding the Irvine Company's request to convert the public street, Champion Way westerly of Jamboree Road, to a private street and provide access to Lots 21 and 22 of Tract No. 12870. Mayor Edgar opened the Public Hearing at 7:05 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Kennedy, seconded by Kelly, to adopt the following Resolution No. 90-4 proceeding with the vacation and abandonment: RESOLUTION NO. 90-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING VACATION OF CHAMPION WAY WESTERLY OF JAMBOREE ROAD The motion carried 4-0. 2, RECOVERY OF CITY INCURRED COSTS OF THE ABATEMENT OF A PUBLIC NUISANCE LOCATED AT 170 EL CAMINO Mayor Edgar opened the Public Hearing at 7:06 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Kelly, seconded by Prescott, to continue this matter to the February 20, 1990 City Council meeting. CITY COUNCIL MINUT Page 2, 2-5-90 The motion carried 4-0. XI. NEW BUSINESS (AGENDA ORDER) 7. CHILD DEVELOPMENT PROGRAM CHANGE Council concurred to take this item out of agenda order to accommodate speakers in the audience. Susan Jones, Recreation Superintendent, gave a staff report regarding the transitioning of the Child Care Program and the proposed contract with Mothers at Work (M.A.W.). She expressed that staff was sorry about the inconvenience to the parents, however, felt the two to three month notice was ample. She stated the reason for the change was to provide the instructors with benefits while operating within the Council policy of cost recovery. The following member of the audience spoke in opposition to changing the Child Development Care Program: Ann Humkey, 1931 Brookshire, Tustin Mayor Edgar clarified that the City had a policy that all programs under Parks and Recreation be self-sustaining. Nine child care workers chose to work as independent contractors for the City and such an arrangement did not include fringe benefits that are available to City employees. This type of contract was cost effective for the City. Additionally, the City did not want to be in competition with other child care facilities in the community. Apparently, after the contract arrangements early in the year, a number of the workers lobbied for benefits and wanted to be City employees. This, of course, was very costly and he was not prepared to grant their request. As an alternative, staff selected M.A.W., a worthwhile organization, that would provide benefits to the child care workers. The following member of the audience spoke in support of the child care instructors: Angela Rehrig, 21142 Banff, Huntington Beach The following member of the audience spoke in favor of changing the Child Development Program: Guido Borges, Tustin Councilman Prescott complimented the staff on a well researched, comprehensive report. He preferred recommendation number 6 of the report: "to continue the program as currently structured" and number 7: "refer to the Parks and Recreation Commission". It was moved by Prescott, seconded by Edgar, to continue the issue until the Parks and Recreation Commission could review the child care program. Mayor Pro Tem Kennedy stated this was a complex issue and a number one need in Orange County. Staff had signed a contract with Mothers at Work and she believed that the City was trying to provide the best professional care for children by using M.A.W. This organization had a proven track record, fair wages, provided benefits and remained independent of the City; because the City was not in the child care business. However, the parents were notified in December of a change due to take place March 1st. She felt this was not adequate time for parents to re -budget. Council/staff discussion followed regarding: five of the nine child care workers had signed contracts with "Mothers at Work", M.A.W. provided an additional 2 hours of care, the M.A.W.'s acceptance of two year old children, and the elimination of part- time care. Council discussion followed regarding: delay of action until reviewed by Parks and Recreation Commission, retention of child care instructors signed with M.A.W., and contractual problem that could jeopardize the program. CITY COUNCIL MINUT. Page 3, 2-5-90 William Huston, City Manager, responded to the issue of benefits and stated that withholding taxes and payment of social security through payroll deductions would automatically make the child care workers City employees and eligible for benefits, which the City could not afford. He cited problems that would be incurred by delaying approval of the M.A.W. contract and the resulting difficulty in obtaining interim workers. Mayor Pro Tem Kennedy wanted to concentrate on the need for child care that was self-supporting rather then the labor issue. She noted the parents may need assistance during the transition and suggested subsidizing the half-day for part-time children and parents with financial need. As a substitute motion, it was moved by Kennedy, seconded by Edgar, to consider subsidizing for part-time students and financially -burdened parents who submit their hardship in writing to the City. Council discussion followed regarding full subsidizing until the end of the school year of the part-time students and parents who submit in writing a financial hardship. It was moved by Edgar, seconded by Prescott, to refer the matter to the Parks and Recreation Commission for review. The above motion carried 4-0. It was moved by Edgar, seconded by Prescott, to implement the Mothers at Work contract with subsidizing from the General Fund until the end of the school year for part-time students and families claiming financial hardship. The motion carried 4-0. (No action taken on the original motion or substitute motion). VI. PUBLIC INPUT 1. MOBILE RECYCLING CORPORATION/RED HILL AND WARNER Samuel Totor, representing Mobile Recycling Corporation, requested permission to remain at their present recycling location on Red Hill and Warner Avenue until the process to obtain required permits had been completed. Staff responded that applicant had been unresponsive to code enforcement requests and staff would meet with the applicant and attempt to resolve issue. 2. RECOVERY OF LEGAL FEES FOR COUNCILMAN HOESTEREY DEFENSE A letter was received and filed from Carl. Kasalek, representing the Tustin Residents' Action Committee, to the City Manager requesting that the City seek recovery from Councilmen Kelly and Prescott for the City's legal expenses incurred in the defense of Councilman Hoesterey in the legal action brought against him by Councilmen Kelly and Prescott. 3. IMPASSE BETWEEN CITY OF TUSTIN AND TUSTIN POLICE OFFICERS' ASSOCIATION Pat Welch, representing the Tustin Police Officers' Association, addressed the Council regarding negotiation impasse between the City and the Tustin Police Officers' Association. Extensive Council/staff/speaker discussion followed regarding: Closed Session meeting requirements (Brown Act); proper procedure to be followed once impasse had been declared; impasse withdrawal procedure; critical points of negotiations resulting in impasse; and allegations that information was withheld from the Council. 5. TUSTIN RESIDENT CELEBRATES 14TH BIRTHDAY Lacey Veltre, 17011 Kenyon, Tustin, thanked the Council for changing the street sweeping schedule and for supporting the CITY COUNCIL MINUTE Page 4, 2-5-90 Boys/Girls Club. She expressed her appreciation for the Big Brothers/Sisters program, for the Tustin Ranch development and noted today was her 14th birthday. VII. CONSENT CALENDAR Item No. 2 was removed from the Consent Calendar by Councilman Kelly. It was moved by Kennedy, seconded by Edgar, to approve the remainder of the Consent Calendar. The motion carried 4-0. 1. APPROVED MINUTES - JANUARY 15, 1990, REGULAR MEETING 3. PROPOSED CONTRACTS WITH THE COUNTY OF ORANGE FOR PROVISION OF COMMERCIAL REHABILITATION, REHABILITATION OF PRIVATE PROPERTIES, AND PUBLIC FACILITIES AND IMPROVEMENTS - 15TH YEAR HOUSING AND COMMUNITY DEVELOPMENT PROGRAM Approved the contracts as submitted. 4. ACCEPTANCE OF FINAL REPORT AND COMPUTER PROGRAM FOR DEVELOPMENT OF PAVEMENT MANAGEMENT SYSTEM (PMS) FOR THE CITY OF TUSTIN Accepted the final report and computer program for development of the Pavement Management System that was completed recently by BSI Consultants, Inc. S. HOLD HARMLESS AGREEMENT FOR USE OF ANAHEIM STADIUM PARKING LOT Executed the Hold Harmless Agreement with the City of Anaheim for use of Anaheim Stadium parking lot in connection with driver training for police motorcycles. 6. REJECTION OF CLAIM NO. 89-49: CLAIMANT -GLORIA GALLEGOS; DATE OF LOSS -8/17/89; DATE FILED WITH CITY -12/1/89 Rejected subject claim for personal injury and general damages in the amount of $612,000.00. 7. REJECTION OF CLAIM NO. 89-50: CLAIMANT -ROBERT OSGAN; DATE OF LOSS - 7/14/89; DATE FILED WITH CITY -12/8/89 Rejected subject claim for personal damages in the amount of $25,000.00. S. REJECTION OF CLAIM NO. 89-51: CLAIMANT -RICHARD AND TRUDY PAGE; DATE OF LOSS -12/3/89; DATE FILED WITH CITY -12/26/89 Rejected subject claim for personal damages in the amount of $4,000,000.00. 9. SANTA ANA VALLEY IRRIGATION CO. (S.A.V.I.) QUITCLAIM OF EASEMENT (GREINKE) Authorized the Mayor to execute a quitclaim deed to Frank H. Greinke for S.A.V.I. easement at 1011 El Camino Real. 10. RESOLUTION NO. 90-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT NO. 2 TO FINAL TRACT MAP 12870, REDUCING THE SIZE OF LOST "FF" AND "II" FOR LANDSCAPE PURPOSES, ELIMINATING LOTS "GG" AND "HH", AND CREATING LOT "LLL" FOR THE PURPOSE OF TURNING CHAMPION WAY INTO A PRIVATE STREET Approved second amendment to Final Tract Map 12870 by adoption of Resolution No. 90-11. 11. LOCAL -STATE AGREEMENT NO. 12-5271, PROGRAM SUPPLEMENT NOS. 008 AND 009/JAMBOREE ROAD, BARRANCA PARKWAY TO EDINGER AVENUE Approved and authorized the Mayor and City Clerk to execute subject Program Supplement Nos. 008 and 009 with the State of California (Caltrans) for the Jamboree Road Extension Project from Barranca Parkway to Edinger Avenue. 12. AUTHORIZATION TO ADVERTISE BID FOR REPLACEMENT OF PLAY EQUIPMENT AT CENTENNIAL PARK Approved specifications for Centennial Park and directed bids. replacement play equipment at the City Clerk to advertise for 13. RESOLUTION NO. 90-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR GRADING AND DRAINAGE IMPROVEMENTS ALONG JAMBOREE ROAD BETWEEN TUSTIN RANCH ROAD AND SANTIAGO CANYON ROAD (RELOCATED) CITY COUNCIL MINUTES Page 5, 2-5-90 Adopted Resolution No. 90-22 accepting works of improvement and authorized the recordation of the Notice of Completion for grading and drainage improvements along Jamboree Road between Tustin Ranch Road and Santiago Canyon Road (relocated). 14. REQUEST FOR AUTHORIZATION FOR Authorized purchase of one equipment from Adlerhorst a total cost of $9,434.00. CAPITAL EXPENDITURE - CANINE replacement police dog and related Kennels, Riverside, California, at 15. POLICE CANINE FELLO Retired Police Canine Fello from City Service and executed the Sales Agreement selling Canine Fello to Officer Tom Heritage. 16. TENTATIVE TRACT MAP NO. 14022 RESOLUTION NO. 90-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION AS ADEQUATE FOR TENTATIVE TRACT MAP 14022, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Approved the Environmental Determination for the project by adopting Resolution No. 90-9; and -- RESOLUTION NO. 90-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 14022 Approved Tentative Tract Map 14022 by adopting Resolution No. 90-10, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 2728. 17. VESTING TENTATIVE TRACT MAP NO. 13786 RESOLUTION NO. 90-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC.PLAN (FINAL EIR 85-21 AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 13786 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Approved the Environmental Determination for the project by adopting Resolution No. 90-13; and RESOLUTION NO. 90-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 13786 Approved Vesting Tentative Tract Map 13786 by adopting Resolution No. 90-12. 18. VESTING TENTATIVE TRACT MAP NO. 13734 RESOLUTION NO. 90-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2 , AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 13734 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Approved the Environmental Determination for the project by adopting Resolution No. 90-18; and RESOLUTION NO. 90-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 13734 Approved Vesting Tentative Tract Map 13734 by adopting Resolution No. 90-19, subject to conditions contained in Exhibit A of Planning Commission Resolution No. 2742. 19. VESTING TENTATIVE TRACT MAP NO. 13908 RESOLUTION NO. 90-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-21 AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 13908 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN CITY COUNCIL MINUT. Page 6, 2-5-90 INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Approved the Environmental Determination for the project by adopting Resolution No. 90-15; and RESOLUTION NO. 90-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 13908 Approved Vesting Tentative Tract Map 13908 by adopting Resolution No. 90-14. 20. VESTING TENTATIVE TRACT MAP NO. 13786 RESOLUTION NO. 90-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2), AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA, IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 13824 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Approved the Environmental Determination for the project by adopting Resolution No. 90-16; and RESOLUTION NO. 90-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 13824 Approved Vesting Tentative Tract Map 13824, by adopting Resolution No. 90-17. 21. PROFESSIONAL SERVICES AGREEMENT FOR FIELD SURVEY AND TOPOGRAPHIC MAP FOR ORANGE STREET WIDENING AND RECONSTRUCTION (EL CAMINO REAL TO SAN JUAN STREET) Approved a professional services agreement with California Civil, Inc. for pre -design topographic survey and corresponding map preparation for the Orange Street widening and rehabilitation project in the amount of $6,208.00, and authorized execution of the agreement by the Mayor and City Clerk. 22. RESOLUTION NO. 90-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR LANDSCAPE, IRRIGATION AND SIDEWALK IMPROVEMENTS ALONG TUSTIN RANCH ROAD, MYFORD ROAD, JAMBOREE ROAD, BROWNING AVENUE, IRVINE BOULEVARD AND BRYAN AVENUE Adopted Resolution No. 90-23 accepting works of improvement and authorized the recordation of the Notice of Completion for public improvements along Tustin Ranch Road, Myford Road, Jamboree Road, Browning Avenue, Irvine Boulevard and Bryan Avenue. 23. RESOLUTION NO. 90-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION PUBLIC IMPROVEMENTS ALONG IRVINE BLVD., TUSTIN RANCH RD., PORTOLA PARKWAY AND LA COLINA DRIVE Adopted Resolution No. 90-24 accepting works of improvement and authorized the recordation of the Notice of Completion for public improvements along Irvine Boulevard, Tustin Ranch Road, Portola Parkway and La Colina Drive; and assuming no claims or stop notices are filed, 30 days after the date of recordation, the Council authorizes payment of the final 5% retention amount of $274,369.12. 24. REQUEST FOR TREE REMOVALS Approved requests for tree removals at the following locations: Westbound/McFadden, 17401 Parker Drive, 17535 Sherbrook and 14441 Acacia Drive; approved request for tree trimming at the following location: 148 W. Main Street; and denied request for tree removal at the following location: 14802 Foxcroft. 25. RESOLUTION NO. 90-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR SIDEWALK AND CURB AND GUTTER REPAIR PROJECT, 1989-90 FISCAL YEAR, AND AUTHORIZING ADVERTISEMENT FOR BIDS CITY COUNCIL MINUT; Page 7, 2-5-90 Adopted Resolution No. 90-21 approving the plans and specifications for subject project and directed the City Clerk to advertise for bids. 26. JAMBOREE ROAD, BETWEEN BARRANCA PARKWAY AND EDINGER AVENUE, RIGHT - OF -ENTRY MEMORANDUM OF UNDERSTANDING Approved the amendment to the Jamboree Road Right -of -Entry Memorandum of Understanding, and authorized the Mayor to execute said document subject to the City Attorney's final review/approval. CONSENT CALENDAR NO. 2 - APPROVAL OF DEMANDS IN THE AMOUNT OF $310581512.56 AND RATIFICATION OF PAYROLL IN THE AMOUNT OF $217,595.61 Councilman Kelly requested verification on the warrants regarding the testimonial dinner for former Councilman Hoesterey and questioned if it was a fully self-supporting event. William Huston, City Manager, responded there was a "per person" entry charge that was paid to the City and the difference between that and the cost of the event was paid by the City, which was approximately $800.00. He noted the same policy was used when Councilman Saltarelli left the City. Councilman Kelly questioned whether the City had to appropriate funds to defend former Councilmember Hoesterey. James Rourke, City Attorney, responded that the City was required to provide a defense for any Councilmember who was sued while performing their duties as a member of the Council. It was moved by Kelly. seconded by Edgar, to approve Item No. 2 of the Consent Calendar. The motion carried 4-0. XI. NEW BUSINESS (AGENDA ORDER) 1. PROPOSED GUIDELINES FOR CHURCHES LOCATED IN THE INDUSTRIAL DISTRICTS Randy Wolfe, 14702 Briarcliff Place, Tustin, requested this item be taken out of agenda order. Council concurred. Daniel Fox, Senior Planner, gave a staff report stating that since the Planning Commission had adopted regulations for the establishment of churches within the Industrial Parks, the Community Development Department had received numerous applications from churches to locate their congregations within the Industrial Park. He noted it had been the interpretation of Community Development and the Planning Commission to authorize the uses with a Conditional Use Permit, however, there had been no formal, established guidelines to evaluate the applications. The proposed Guidelines were intended to establish a consistent policy for evaluating the appropriateness of churches located in an Industrial Park and maintaining the integrity of those permitted industrial uses. There were concerns with compatibility of land uses, particularly for industrial uses that may contain hazardous materials on the properties or conducting activities that may not be conducive to large public gatherings in the area. He stressed these were only guidelines that could be altered according to individual church needs. The following member of the audience spoke in opposition to certain elements of the proposed Guidelines: Randy Wolf, 14792 Briarcliff Place, Tustin Council/staff discussion followed regarding parking and common wall standards. Councilman Prescott felt the Council should bend the rules or work with the various congregations in creating the Guidelines. He did not think the Planning Commission conferred with the congregations CITY COUNCIL MINUT, Page 8, 2-5-90 when the Guidelines were established and suggested an interdenominational group such as the Tustin Interfaith Council review the guidelines. It was moved by Prescott, seconded by Kelly, to defer action on the Guidelines until the Planning Commission and the Tustin Interfaith Council had met and reviewed the proposed Guidelines. Councilman Kelly stated it was important to keep in mind that every church did not have the opportunity to begin with optimum financial backing. He said compassion was needed for new churches and the City should try every way possible to accommodate and encourage them. Christine Shingleton, Director of Community Development, pointed out that staff recognized the need in accommodating this particular type of use, however, the predicament faced in the Irvine Industrial Park was that churches were not listed as a permitted use in that district. Re -zoning was a very lengthy process, approximately 90 to 120 days, and rather than defer action on specific applications, staff discussed the matter with the City Attorney's Office for legal alternatives. There were applications to be processed in the interim and staff desired use of the Guidelines as a legal. alternative to a Code amendment. She was not prepared to recommend to Council that church applications be processed without the Code amendment or use of a tool such as the proposed Guidelines. Mayor Edgar said it was appropriate to proceed with these Guidelines, he stressed they were only guidelines, and confer with the Interfaith Council. In the meantime, rather than go through the cumbersome process of re -zoning, which would be a disservice to small churches, Council should accept the Guidelines, but as a condition forward them to the Interfaith Council for input. It was moved by Prescott, seconded by Edgar, to receive and file subject report and solicit advice from the Interfaith Council. The motion carried 4-0. RECESS - The meeting recessed at 9:00 p.m. and reconvened at 9:10 p.m. 2. REQUEST FOR FEE WAIVER - TUSTIN HISTORICAL SOCIETY MEETING Council concurred to take this item out of agenda order to accommodate members of the audience. The following member of the audience addressed the Council regarding use of the Senior Center for Historical Society general meetings and requested a waiver of fees, with the exception of insurance requirements: David Nisson, President, Tustin Historical Society Mayor Pro Tem Kennedy noted the Historical Society had a valuable place in the City, however, there were between 20-30 non-profit organizations that requested use of City facilities without taking care of the maintenance. She did not feel the City could afford this expense. Staff had pointed out to Council that the City was at a maintenance level, not making a profit, but simply maintaining a City facility in good condition for the community. She questioned if other non-profit organizations could request the same courtesy and then fill every available slot in the Senior Center. Susan Jones, Recreation Superintendent, responded that 37% of the total uses from last year were non-profit groups, approximately 20-25 groups that use City facilities. The charge was $17.00 an hour for local non-profit groups with a $150 refundable deposit if the building was left in good condition. Councilman Kelly stated the majority of the membership in the Tustin Historical Society was senior citizens. The Historical Society was a very special group, not in the same category as all other non-profit groups, and needed to be accommodated and have their fees waived. CITY COUNCIL MINUTL_ Page 9, 2-5-90 Councilmember Prescott noted most cities were financially supporting their Historical Societies. He approved of this progressive trend and thought that the Council should assist the Historical Society as much as possible. Mayor Edgar supported the Historical Society and suggested an amendment to the motion, stating the Tustin Historical Society served senior citizens in Tustin and that uniquely tied the Council's action to the service of seniors. It was moved by Edgar, seconded by Prescott, to waive the fees for Historical Society meetings with the notation that the Historical Society served senior citizens in the community. The motion carried 4-0. X. OLD BUSINESS (AGENDA ORDER) S. REQUEST FOR PARKING - ALLEY SOUTHERLY OF LINDA LAND AND EASTERLY OF YORBA STREET Council concurred to take this item out of agenda order to accommodate members of the audience. Robert Ledendecker, Director of Public Works, gave a staff report citing the Fire Code prohibited the use of parking on the easterly side of the alley. Staff recommended against parking in the alley as required by the Fire Code. The following members of the audience spoke in favor of parking in the alley: Ralph Westrum, 13651 Rosalind Drive, Tustin Dorothy Jones, 13701 Rosalind Drive, Tustin Rob Jones, 13701 Rosalind Drive, Tustin Councilmember Prescott noted there were several non -conforming uses in Tustin that were "grandfathered" in and these residents had enjoyed the use of that alley for parking purposes for the last 25 years. The City had to respect the philosophy behind the "grandfather" clause and should allow parking on the easterly side as requested. It was moved by Prescott, seconded by Kelly, to allow parking on the easterly side of the alley. Councilmember Kelly stated his original motion 3 months ago had been to abandon the alley and the map clearly indicated there was no need for emergency vehicle access because there were no fire hydrants there. James Rourke, City Attorney, said what was being proposed would be granting a variance and there were no variances from the Fire Code. He did not see a way for the Council to permit parking in the alley. Abandonment of the alley might be a better way to proceed because it was not possible for the Council to grant a variance from the Uniform Fire Code. William Huston, City Manager, clarified that fire engines had large water tanks on the truck and could pump several hundred gallons of water from the engine, so the fact that there were no hydrants did not mean the alley would not be used to fight fires. Staff's concern was that if the City in any way formerly prevented the use of the alley in case of fire then the City would be exposed to liability for that fire. Council/speaker/staff discussion followed regarding why the Uniform Fire Code Provisions had not been previously cited. Mayor Pro Tem Kennedy stated that this issue had been continued several times at the request of the applicant and that, in attempting to solve the problem, staff had explored abandonment of the alley; however, after polling the residents, it was found the residents did not want the abandonment of the alley. CITY COUNCIL MINUT. Page 10, 2-5-90 As a substitute motion, it was moved by Kennedy, seconded by Edgar, to deny the request for parking on the easterly side of the alley southerly of Linda Lane and easterly of Yorba Street. The motion died 2-2. Prescott and Kelly opposed. It was moved by Edgar, seconded by Prescott, to remove all parking signs from the alley. The motion carried 4-0. VIII. ORDINANCES FOR INTRODUCTION - None IX. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1042 - ADOPTION OF UPDATED EDITION OF UNIFORM FIRE CODE WITH LOCAL MODIFICATIONS It was moved by Kennedy, seconded by Edgar, that Ordinance No. 1042 have second reading by title only. The motion carried 4-0. Following secondreading by title only of Ordinance No. 1042 by i the City Clerk, t was moved by Kennedy, seconded by Edgar, that Ordinance No. 1042 be passed and adopted as follows: ORDINANCE NO. 1042 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING SPECIFIED SECTIONS OF ARTICLE 5 OF THE TUSTIN CITY CODE AND ADOPTING THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, 1988 EDITIONS, WITH AMENDMENTS THERETO AND THE UNIFORM FIRE CODE 1989 SUPPLEMENT AS THE FIRE PROTECTION REGULATIONS OF THE CITY OF TUSTIN The motion carried 4-0. (Verbal roll call vote). 2. ORDINANCE NO. 1043 - ADOPTION OF UPDATED EDITIONS OF MODEL CONSTRUCTION CODES WITH LOCAL MODIFICATIONS It was moved by Kennedy, seconded by Prescott, that Ordinance No. 1043 have second reading by title only. The motion carried 4-0. Following second reading by title only of Ordinance No. 1043 by the City Clerk, it was moved by Kennedy, seconded by Prescott, that Ordinance No. 1043 be passed and adopted as follows: ORDINANCE NO. 1043 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 8 OF THE TUSTIN CITY CODE ADOPTING 1988 CODES AS THE BUILDING REGULATIONS OF THE CITY OF TUSTIN The motion carried 4-0. (Verbal roll call vote). Councilman Kelly voiced his previous objections to the updated editions of the building code. X. OLD BUSINESS 1. STATUS REPORT - JOHN WAYNE AIRPORT NOISE MONITORING PROGRAM (JWA) , COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAB)I AIRPORT SITE COALITION (ASC) AND HELICOPTER OVERFLIGHT PROGRAM TASK FORCE (HOPTF ) Christine Shingleton, Director of Community Development, gave a staff report stating the Air Cargo operations at John Wayne airport were still in the discussion phase and that a letter from the Mayor was sent to the Board of Supervisors expressing the City's concerns. She stated staff was presently researching the proposal to install permanent noise monitoring equipment and had scheduled a visit to the Burbank Airport to inspect their system. She noted that staff had attended a meeting of the County Airport Land Use Commission, which was considering a 21 -story, 288 foot tall building located near the corner of Anton Street and Avenue of the Arts in the City of Costa Mesa, and because of Associate Planner Steve Rubin's comments to the commission, the airport commission requested that the issue of an independent cumulative impact study be agendized for additional discussion. Christine Shingleton also noted that Kathy Weil's involvement with CRAS saved the committee money through her printing contacts. CITY COUNCIL MINUTi Page 11, 2-5-90 Mayor Pro Tem Kennedy expressed appreciation to Steve Rubin in identifying the Avenue of the Arts building that could interfere with the landing pattern and force more overflights over Tustin. Councilman Prescott suggested Mayor Pro Tem Kennedy's remarks be submitted in writing and placed in Steve Rubin's personnel file. It was moved by Kennedy, seconded by Prescott, to receive and file subject report. The 2. GREEN VALLEY BUILDING SETBACKS Robert Ledendecker, Director of Public Works, gave a staff report regarding the total removal of sidewalks on Green Valley. He noted it was the opinion of the City Attorney that the removal of the sidewalks could create an issue of liability which otherwise would not exist if the sidewalks remained. Staff concluded the only viable solution would be an actual relocation of the sidewalk. It was moved by Edgar, seconded by Prescott, to authorize planning for a 7 ft. wide sidewalk in the Capital Improvement Budget. The motion carried 4-0. 3. MAIN STREET ORNAMENTAL STREET LIGHTING Robert Ledendecker, Director of Public Works, gave a staff report reviewing the three alternatives related to the street light installation along Main Street. It was moved by Prescott, seconded by Kennedy, to approve alternative No. 2, to install twenty Washington Post style street lights between "C" Street and SR -55 at a total estimated cost of $77.,080 and approve a supplemental 1989-90 budget appropriation of $49,480. Mayor Pro Tem Kennedy noted that "C" Street was a unique area of town that deserved special lighting and felt the expenditure of funds would enrich the area. Councilman Kelly stated the design of the lights blended nicely with the old town clock in the downtown section and felt strongly the appropriation of additional funds for the lights was appropriate. The motion carried 4-0. Councilman Prescott stated there was unfinished business at Preble Drive along the stretch of E1 Camino Real concerning the Mission Bell theme. Mayor Edgar requested staff include the Mission Bell project in the proposed future budget considerations. 4. APPOINTMENT OF CITIZEN REPRESENTATIVE TO JWA NOISE ABATEMENT FORUM AND MISCELLANEOUS MEETINGS Councilman Kelly nominated Roderick D. MacLeod to represent the City at JWA Noise Abatement Forum and miscellaneous meetings. Councilman Prescott wanted the press releases re -published by the local newspapers and then make the appointment. Mayor Pro Tem Kennedy noted the Tustin News chose not to publish the press release that staff sent and now that there were two newspapers in town, staff should send out two more press releases, Council concurred to authorize issuance of additional press releases in both local newspapers. CITY COUNCIL MINUT Page 12, 2-5-90 5. REQUEST FOR PARKING - ALLEY SOUTHERLY OF LINDA LANE AND EASTERLY OF YORBA STREET See Page 9 XI. NEW BUSINESS I. PROPOSED GUIDELINES FOR CHURCHES LOCATED IN THE INDUSTRIAL DISTRICTS See Page 7 2. REQUEST FOR FEE WAIVER - TUSTIN HISTORICAL SOCIETY MEETING See Page 8 3. NEWPORT AVENUE U-TURN MOVEMENTS BETWEEN EL CANINO REAL AND THE I-5 FREEWAY It was moved by Kelly, seconded by Edgar, to implement Alternative No. 2 and authorize the installation of one additional "No U -Turn" sign in the Newport Avenue raised median just north of the Sizzler Restaurant driveway. The motion carried 4-0. 4. LEFT TURN PHASING ON WALNUT AT BROWNING It was moved by Kennedy, seconded by Edgar, to approve the modification of the Walnut/Browning traffic signal and direct staff to include this project in the 1990-91 Capital Improvement Budget. The Notion carried 4-0. 5. AB2023 STATUS REPORT It was moved by Prescott, seconded by Edgar, to receive and file subject report. The motion carried 4-0. 6. PROPOSED SETTLEMENT OR PARTIAL SETTLEMENT OF SOME OF THE "RAILROAD CASES" It was moved by Kennedy, seconded by Prescott, to approve the settlement. The motion carried 4-0. 7. CHILD DEVELOPMENT PROGRAM CHANGE See Page 2 Mayor Pro Tem Kennedy requested previously discussed subsidizing costs be taken from the General Fund. Council concurred. S. PURCHASE OF VACANT PROPERTY ADJACENT TO WATER FACILITY Councilman Prescott requested a realtor be contacted regarding possible purchase of subject property. It was moved by Prescott, seconded by Kennedy, to direct staff to investigate acquisition of vacant property on the easterly side of Prospect Avenue and northerly of Main Street and resubmit to Council for action. The motion carried 4-0. XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JANUARY 22, 1990 It was moved by Kennedy, seconded by Prescott, to ratify the Planning Commission Action Agenda of January 22, 1990. CITY COUNCIL MINUT'a Page 13, 2-5-90 The motion carried 4-0. 2. KEY INTERSECTION ACCIDENT SURVEILLANCE It was moved by Kennedy, seconded by Edgar, to receive and file subject report. Councilman Kelly requested a detailed listing of the report. The motion carried 4-0. 3. "TUSTIN TODAY" William Huston, City Manager, clarified that this item had been agendized to apprise the City Council that the new local newspaper and the City recreational brochure had the same name, "Tustin Today". Councilman Prescott stated the City had been promoting the brochure "Tustin Today" for a considerable time and invested taxpayer dollars. He felt the City's right to use the name "Tustin Today" should be defended and not allow private businesses to take it from the City. It was the Council's elected duty to protect all taxpayer funds that went into the promotion of this name. It was moved by Prescott, seconded by Kelly, to direct the City Attorney to defend the City's use of the "Tustin Today" name. Mayor Edgar welcomed the opportunity to have another newspaper in town and whether or not there was any malicious action was not evident. He was reluctant to enter into any kind of direct controversy with any newspaper, both newspapers had a service to provide to the community and competition was good. Mayor Pro Tem Kennedy said the City's "Tustin Today" was a published brochure to inform the public about the City's recreation programs and was not a publication in competition with "Tustin Today" or the Tustin News. The Tustin Today staff had offered their services to the City to redesign the logo and choose a new name. She would not fight the issue and appreciated their willingness to pay for revamping an essential publication. Councilman Kelly did not think that the newspaper or The Irvine Company would have a problem finding another name for their public relations paper and leave the City's publication alone. The motion died 2-2, Edgar and Kennedy opposed. 4. FREEWAY SOUND WALL STATUS REPORT Mayor Edgar noted that the portion of the sound wall just south of Santa Clara was significantly less capable of mitigating sound and it was appropriate for the City Council to actively request of Caltrans that this stretch of sound wall be analyzed. It was moved by Edgar, seconded by Prescott, to receive and file subject report and begin the process to declare the sound wall south of Santa Clara as inadequate. The motion carried 4-0. 5. APRIL ELECTION - LOCATION OF POLLING PLACES The following members of the audience addressed the Council regarding the legalility of designating a polling place on the Marine Base: Guido Borges, President, Laurelwood Association Rex Combs, 1642 Roanoke, Tustin Council/staff/speaker discussion followed regarding a polling site on a Federal Reserve and the changing of elections from November to April. CITY COUNCIL MINUTI Page 14, 2-5-90 It was moved by Edgar, seconded by Kennedy, to receive and file subject report. The motion carried 4-0. 6. RED HILL AVENUE AND WALNUT AVENUE STREET IMPROVEMENTS It was moved by Kennedy, seconded by Edgar, to receive and file subject report. The motion carried 4-0. 7. INVESTMENT SCHEDULE AS OF JANUARY 31, 1990 It was moved by Kennedy, seconded by Edgar, to receive and file subject report. The motion carried -4-0. XIII. PUBLIC INPUT - None XIV. OTHER BUSINESS I. RECYCLING PROGRAM Mayor Pro Tem Kennedy reported that the recycling program report would be agendized at the next City Council meeting. 2. FIRST STREET CLOSURE Mayor Pro Tem Kennedy questioned staff as to the closing of First Street. Staff reported closure was rescheduled for mid-April. 3. GROUND BREAKING FOR EDWARDS CINEMA Mayor Pro Tem Kennedy reported the ground breaking for the Market Place Edwards Cinema was scheduled for February 16, 1990. 4. WAIVER OF FEES FOR CHILD CARE CENTERS Councilman Prescott requested agendizing as soon as possible the waiver of all fees for child care centers. Mayor Edgar requested staff recommend how the City can be aggressive in encouraging the private sector to have more viable child care centers. S. REDEVELOPMENT ACQUISITION OF LAND Mayor Edgar requested staff investigate other parcels in the downtown Redevelopment area for possible acquisition, particular the property at the north east corner of Preble and Main and the evacuated meat packing center. XV. CLOSED SESSION Mayor Edgar announced that the City Council would recess to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54967.6. XVI. ADJOURNMENT At 10:47 p.m., the meeting recessed to the Redevelopment Agency, then to the above Closed Session, and then adjourned to a Capital Improvement Workshop on February 20, 1990, at 6:00 p.m. and then to an Adjourned Regular Meeting on Tuesday, February 20, 1990, at 7:00 p.m. MAYOR CITY CLERK