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HomeMy WebLinkAboutCC 1 MINUTES 07-17-89MI~UT=S OF ~REGULARMEETING OF THE CITY COUNCIL OF ~E ITY OF TUSTIN, CALIFO~ ~ JUNE 19, 1989 me II. £II · CALL TO ORDER/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 Prescott. INVOCATION - The Invocation was given by Mayor Kennedy. 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 Royleen White, Dir./Community & Admin. Services Ronald A. Nault, Finance Director Susan Jones, Recreation Superintendent Steve Rubin, Senior Planner Laura Kuhn, Senior Planner Randy Westrick, Recreation Supervisor Melissa O'Neal, Recreation Consultant Valerie Whiteman, Deputy City Clerk Former Mayor and Mrs. Arthur Charleton Approximately 50 in the audience PRESENTATIONS 1. FUND RAISING PROCEEDS F~oM THE TUSTIN AREA SENIOR CENTER FUND, INCORPORATED Margarete Thompson, Fund Raising Chairperson, reported contributors to the Tustin Area Senior Center Fund consisted.of large and small amounts from the business community and individual senior citizens. She made special note of the numerous donations from senior citizens on social security income and the generosity of Ron Paige, Recreation Systems, Inc. Special gratitude was expressed to members of the campaign cabinet, senior task force and city staff. From the results of a partnership between senior citizens and the community, she proudly presented Mayor Kennedy with a check in the amount of $415,000. Mayor Kennedy commented that the senior center project was unique because funds were raised through private contributions rather than government sources. Contributions ranged from a substantial amount donated by the Irvine Co. to a gift of one dollar from a Tustin resident and all donors would be acknowledged for their support and overwhelming generosity at the dedication ceremonies to be held July 28, 1989. Z. DONATION FROM PACIFIC BELL Arlene Steinert and Kathy Cooper, representing Pacific Bell, shared in the community support of the Tustin Area Senior Center by presenting to Margarete Thompson a donation in the amount of $5,000. Margarete Thompson expressed her appreciation for the donation and the friendship that had developed during the project. At Mayor Kennedy's request, Kathy Cooper reported on Pacific Bell's program to eliminate employee use of styrofoam. CITY COUNCIL MINUTES Page 2, 6-19-89 INTRODUCTIONS Ve Mayor Kennedy acknowledged members of the audience: Boy Scouts from Troop No. 256 and the newly crowned Miss Tustin, Cathy Reynolds. Miss Tustin spoke briefly to the Council and was congratulated by Mayor Kennedy. PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT 89-02(B) AND ZONE CHANGE 88-03 - NORTHWEST CORNER OF EDINGER STREET/JAMBOREE ROAD Steve Rubin, Senior Planner, gave a staff report indicating this General Plan Amendment and Zone Change was requested by the Irvine Office Industrial Company to change the General Plan land use designation and zoning of an 18.4 acre vacant parcel located at Edinger and Jamboree Road. The applicant was proposing a change to PC-IND which would allow the parcel to be incorporated into the Irvine Industrial complex located immediately to the north. Mayor Kennedy opened the Public Hearing at 7:20 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Edgar, seconded by Kelly, to adopt the following Resolution No. 89-83 certifying the Negative Declaration for General Plan Amendment 89-02(B) and Zone Change 88-03: RESOLUTION NO. 89-83 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION AS ADEQUATE FOR GENERAL PLAN AMENDMENT 89-02(B) AND ZONE CHANGE 88-03, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The motion carried 5-0. It was moved by Edgar, seconded by Kelly, to adopt the following · i Resolution No. 89-84 approving General Plan Amendment 89-02(B): RESOLUTION NO. 89-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 89- 02(B), A REQUEST TO CHANGE THE GENERAL PLAN ~D USE DESIGNATION FROM P & I (PUBLIC AND INSTITUTIONAL) TO I (INDUSTRIAL) ON THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF EDINGER STREET AND JAMBOREE ROAD The motion carried 5-0. It was moved by Edgar, seconded by Kelly, that Ordinance No. 1025 have first reading by title only. The motion carried 5-0. Following first reading by title only of Ordinance No. 1025 by the City Clerk, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 1025 be introduced as follows: ORDINANCE NO. 1025 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 88-03, A REQUEST TO REZONE PROPERTY LOCATED AT THE NORTHWEST CORNER OF EDINGER STREET AND JAMBOREE ROAD FROM P & I (PUBLIC AND INSTITUTIONAL) TO PC-IND (PLANNED COMMUNITY - INDUSTRIAL) The motion carried 5-0. 2. GENERAL PLAN AMENDMENT 89-02 (D): REVISIONS TO THE LAND USE ELEMENT Christine Shingleton, Director of Community Development, reported revisions to the land use element were in response to recent court decisions effecting requirements in State law for cities to define building intensity and population density standards in their General Plans. Councilman Kelly questioned references on pages 10 and 15 of the Land Use Element to "increase in taxes" and requested those outdated statements be deleted or revised. CITY COUNCIL MINUTES Page 3, 6-19-89 Following Council/staff discussion, Council concurred to address those statements and concerns during a comprehensive review of the General Plan revision program. Council/staff discussion, followed regarding the timeline for that revision of the General Plan, which would be an approximate 12-18 month process. Mayor Kennedy opened the Public Hearing at 7:30 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Hoestere¥, seconded by Edqar, to approve General Plan Amendment 89-02(D) by adoption of the following Resolution No. 89-81: RESOLUTION NO. 89-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 89- 02(D), AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN The motion carried 5-0. Due to an agenda omission, Christine Shingleton requested the City Council take the following action: It was moved by Hoesterey, seconded by Edqar, to certify the Negative Declaration for General Plan Amendment 89-02(D). The motion carried 5-0. 3. GENERAL PLAN AMENDMENT 89-02(C), ZONE CHANGE 88-02 AND EAST TUSTIN SPECIFIC PLAN AMENDMENT 88-01 Christine Sl~ingleton, Director of Community Development, stated the intent of the amendments was to implement the school facilities agreement that was executed between the Irvine Co. and the Tustin Unified School District and a Memorandum of Understanding between the City and the Irvine Co. The agreement required that the community park originally proposed at Tustin Ranch Road/Irvine Boulevard be relocated north of Irvine Boulevard to accommodate expansion of the proposed East Tustin area high school site. Mayor Kennedy opened the Public Hearing at 7:35 p.m. There were no speakers on the subject and the Public Hearing was closed. It was Doved by Edgar, seconded by Kelly, to approve Addendum 89- 01 to the East Tustin Specific Plan EIR 85-2 and recertify Final EIR 85-2 and all subsequently adopted Supplements and Addenda by adoption of the following Resolution No. 89-87: RESOLUTION NO. 89-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT EIR 85-2 FOR THE EAST TUSTIN SPECIFIC PLAN AND ADDENDUM .NO. 89-01 FOR GENERAL PLAN AMENDMENT 88-02(C), ZONE CHANGE 88-02 AND EAST TUSTIN SPECIFIC PLAN AMENDMENT 88-01 AND FINDING THAT THE FINAL EIR, AND ALL SUBSEQUENT ADDENDA AND SUPPLEMENTS ARE ADEQUATE FOR THE PROJECT AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED INTO THE PROJECT The motion carried 5-0. It was moved by Hoestere¥, seconded by Edgar, to approve General Plan Amendment 89-02(C) by adoption of the following Resolution No. 89-88: RESOLUTION NO. 89--88 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 89- 02(C), A REQUEST TO CHANGE THE GENERAL PLAN ~D USE DESIGNATION OF CERTAIN PROPERTY LOCATED IN SECTOR 7AND 11 OF THE EAST TUSTIN SPECIFIC PLAN PROJECT AREA The motion carried 5-0. CITY COUNCIL MINUTES Page 4, 6-19-89 It was moved b Hoestere seconded b Ed ar, that Ordinance No. 1024 have first reading by title only. The motion carried 5-0. Following first reading by title only of Ordinance No. 1024 by the City Clerk, it was moved b Ed ar seconded b Hoestere , that Ordinance No. 1024 be introduced as follows: ORDINANCE NO. 1024 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 88-02, A REQUEST TO REZONE CERTAIN PROPERTY LOCATED IN SECTORS 7 AND 11 OF THE EAST TUSTIN SPECIFIC PLAN PROJECT AREA The motion carried 5-0. It was moved b Ed ar seconded b Hoestere , that Ordinance No. 1026 have. first reading by title only. The Dotion carried 5-0. Following first reading by title only of Ordinance No. 1026 by the City Clerk, it was moved b Hoestere seconded b Ed ar, that Ordinance No. 1026 be introduced as follows: ORDINANCE NO. 1026 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING EAST TUSTIN SPECIFIC PLAN AMENDMENT 88-01, PROPOSED AMENDMENTS TO THE SPECIFIC PLAN LAND USE PLAN FOR PROPERTY GENERALLY LOCATED IN SECTOR 7 AND 11 OF THE EAST TUSTIN SPECIFIC PLAN AND NARRATIVE TEXTUALAMENDMENTS TO THE SPECIFIC PLAN The motion carried 5-0. 4. GENERAL PLAN AMENDMENT 89-02(A): 1989 REVISIONS TO THE HOUSING ELEMENT Laura Kuhn, Senior Planner, reported that the 1989 revisions constituted changes to the 1984 Housing Element in order to update statistical information and provide current data as a result of recent changes in State law. The revisions also addressed the Regional Housing Needs Assessment figures provided by Southern California As~0ciation of Governments. Councilman Kelly questioned why the letter to the City Manager from the Department of Housing and Community Development dated May 31, 1989, was copied to Irwin Schatzman of the Carma-Sandling Group. William Huston, City Manager, responded that the information was a matter of public record and anyone could request to be included on the mailing list. He noted that the State Housing agency had historically been very aggressive on housing policy and, with discussions at the State level concerning growth and traffic management, this was an excellent opportunity for housing advocates to argue that cities should have more intense development in order to obtain housing closer to employment centers. Mayor Pro Tem Edgar commented on the quandary created between addressing the housing programs in the community and the desires of the State. He said it was a difficult task and commended staff for their efforts. A brief discussion between Mayor Kennedy and staff followed regarding military base housing and its effect upon the City's low-moderate housing count. Mayor Kennedy opened the Public Hearing at 7:45 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Edqar, seconded by Kelly, to approve General Plan Amendment 89-02(A) by adoption of the following Resolution No 89-82: ' RESOLUTION NO. 89-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PI2~NAMENDMENT 89- 02(A), REVISING THE HOUSING ELEMENT OF THE GENERAL PLAN The motion carried 5-0. CITY COUNCIL MINUTES Page 5, 6-19-89 5. APPEAL OF AMENDMENT TO USE PERMIT 88-8 (17602 E. SEVENTEENTH STREET, SUITE 105) Steve Rubin, Senior Planner, gave a background report on the development of an office/retail center on Seventeenth Street which allowed for 50% retail space and 50% office space. He noted the following reasons for the Planning Commission's denial of a request to amend the original Use Permit allowing the installation of a 1,000 square foot dental office in the retail portion of the project: original conditions of approval specifically prohibited medical/dental use, dental office space would cause allowable' amount of office space to be exceeded, incompatibility of office use within retail area, preservation of potential sales tax revenue, inconsistent signage and, the major concern, inadequate parking. Mayor Kennedy opened the Public Hearing at 7:50 p.m. The following members of the community spoke in opposition to denying the subject appeal: Don Carter, D.D.S. (applicant) Terry Tvrs, representing Colco Prospect There were no other speakers on the subject and the Public Hearing was closed at 7:55 p.m. Mayor Pro Tem Edgar expressed his concern regarding the parking insufficiency. He did not want to create a short-term acceptable solution and questioned if the applicant could be permanently constrained to the 4 parking spaces for 1,000 square feet. Mayor Kennedy commented that one of the duties of the City Council was to protect tax sources in order to provide services to the citizens and the 50% retail policy was established for that reason. She said for the economic protection of the City and for orderly, well-planned development within the community she did not believe this case deserved special findings. She encouraged the doctor tb'-establish his practice in Tustin by waiting until a'tenant vacated or locate space within a medical/ professional center. Councilman Kelly did not believe government acted prudently when it attempted to dictate to developers what the best use of their property would be. It was moved by Kelly, seconded by Prescott, to overrule the Planning Commission,s denial of the requested amendment to Use Permit 88-8 (Resolution No. 2598). Councilman Prescott noted there were other shopping centers in the community with optician/dental offices that did not cause parking problems. He felt the only viable argument was the diminishment of the sales tax base but he was not that greedy for tax dollars to deny dental care to citizens. Councilman Hoesterey was concerned with setting a precedent for additional medical offices in the center. When shopping centers were planned they are developed under a set of criteria established to not only preserve revenue but eliminate excessive parking problems that also effect the surrounding neighborhoods. He said perhaps a compromise could be reached if other medical facilities were prohibited and he expressed concern regarding such a selection process. Mayor Kennedy questioned staff if there was a way to impose limitations. Christine Shingleton, Director of Community Development, suggested, should the City Council wish to accommodate the dentist's request, that there be conditions lifting the restriction on medical uses to a provision of only a 1,000 square foot tenancy with parking restrictions. Staff would prepare a Resolution with such conditions and submit to the City Council CITY COUNCIL MINUTES Page 6, 6-19-89 for action. She asked that the record reflect her certainty that variance applications would be received on future retail u~es as a result of that action. Council/staff discussion followed concerning precedent setting action and parking space standards/restrictions. As a Hoesterey, to adopt the following Resolution No. 89-77 denying the subject appeal: RESOLUTION NO. 89-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DENYING THE APPEAL OF AN AMENDMENT TO USE PERMIT 88-8, REQUESTING TO AMEND CONDITIONS 1.4 AND 1.8 OF EXHIBIT "A" TO PLANNING COMMISSION RESOLUTION NO. 2494, TO AUTHORIZE THE ESTABLISHMENT OF A DENTIST'S OFFICE WITHIN A RETAIL TENANT SPACE IN A COMMERCIAL CENTER The substitute motion failed 2-3 Edgar, Kelly and Prescott opposed. ' As a second substitute motion it was moved b Ed ar seconded by Prescott, that staff submit for Council action a Resolution outlining restrictive parking requirements for a 1,000 square foot tenancy (Amendment to Use Permit 88-8). The second substitute motion carried 4-1, Kennedy opposed. 6. RECOVERY OF CITY INCURRED COSTS OF ABATEMENT OF A PUBLIC NUISANCE LOCATED AT 170 EL CAMINO REAL Christine Shingleton, Director of Community Development, stated the Public Hearing was for the purpose of assessing charges to the property owner for work completed to alleviate a code enforcement problem at subject property. She noted there would be a continuing enforcement problem with maintenance of the property and requested City Council direction for alternative mechanisms of future abatement. Mayor Kennedy opened the Public Hearing at 8:20 p.m. There were no speakers on the subject and the Public Hearing was closed.. It was moved by Edgar, seconded by Kennedy, to access the charges of four thousand three hundred and fifty eight dollars and fifty three cents ($4,358.53) against the property as a special assessment and lien. The motion carried 5-0. It was moved by Edgar, seconded by Kelly, to instruct staff to initiate abatement proceedings to demolish the house at 170 E1 Camino Real as a substandard structure. Mayor Kennedy felt it was only appropriate to discuss in general the options available to the Council for health and safety protection of the public. With the strong stand the Council had taken on private property rights, she wanted to proceed slowly with a process resulting in the demolition of personal property. Mayor Pro Tem Edgar stated when a property owner, over a period of years, showed complete disregard for health and safety, they relinquished their private property rights for the betterment of the community and the lengthy legal process would give the property owner ample opportunity to rectify the problem. Councilman Kelly said it would take a strong imagination to think of the property as someone's home, it had minimal property value, and he did not view the proposed action as an invasion of private property rights. Councilman Hoesterey stated the legal process would take approximately 3-4 years before final action could be completed giving the property owner sufficient time to take corrective measures. The Council was caught in a dilemma because if a child CITY COUNCIL MINUTES Page 7, 6-19-89 VI. XII. was injured due to substandard property, the public would ascertain that the Council did not act quickly enough and, if the property was demolished, others would judge the Council acted too quickly and ignored personal property rights. He believed the best method was to direct the City Attorney to proceed with the legal process. Councilman Prescott wanted the matter resolved in the courts through litigation instead of using the force of demolition. The City had the right to sue the landowner and compel them to correct the problem instead of the City correcting the problem for the property owner. As a substitute motion, it was moved by Prescott, seconded by Kennedy, to direct the City Attorney to proceed with litigation action forcing the landowner to be responsible for property improvements meeting public health, safety and zoning standards. Council/City Attorney discussion followed clarifying the various legal options available to the City Council. Council concurred to withdraw all previous motions. It was moved by Edgar, seconded by Prescott, to direct staff to initiate court proceedings to obtain a judgement forcing the property owner to renovate the structure and property. The motion carried 5-0. PUBLIC INPUT 1. EXTENSION OF LIBRARY HOURS Mark Bachan, 215 S. Prospect #B10, Tustin, requested a letter from the City Council be forwarded to the County Librarian supporting extension of library evening hours. Council concurred to fo_rward a letter supporting his request. REPORTS (AGENDA ORDER) 5. ASSAULT ON CITY MAINTENANCE WORKERS Council concurred that this item be taken out of agenda order to accommodate the speaker. Michael David, 445-1/2 Sixth Street, Tustin, expressed concern regarding an incident of violence following the Chili Cook-Off on June 4, 1989, and requested that the annual event be terminated or relocated. It was ,moved by Kelly, seconded by Edgar, to receive and file subject report. Councilman Prescott did not want the report to be interpreted as placing blame for the violence on The Swinging Door bar. He believed the incident occurred as a result of the Chili Cook-Off and access to alcoholic beverages. Lillian Williams, owner of The Swinging Door, reported the Police Department had continually monitored the bar during the Chili Cook-Off, she had security on the premises, she did not allow the sale of hard liquor after the Chili Cook-Off began and the incident of violence did not involve The Swinging Door. Councilman Kelly was sympathetic toward The Swinging Door but reiterated that the Chili Cook-Off on E1 Camino Real contributed to the lawless atmosphere. The street was strewn with trash and he had seen photographs that would be used when determining the location of next year's Chili Cook-Off. Mayor Kennedy verified with staff that the Chili Cook-Off ended at approximately 4:30 p.m. and the altercation occurred at 5:30 p.m. She felt that the only relationship between the Chili Cook CITY COUNCIL MINUTES Page 8, 6-19-89 VII. Off and the altercation was the shared location on E1 Camino Real. Councilman Hoesterey thought the way the report was interpreted related directly to whether or not a person was in favor of the Chili Cook-Off prior to the event. The subject incident was two individuals involved in an assault and it was now a police/court matter. Fred Wakefield, Acting Chief of Police, reported details of the assault and the police investigation. He stated it could not be determined that the assault occurred because of the Chili Cook- Off or The Swinging Door and excellent cooperation had been received from The Swinging Door ownership during the Chili Cook- Off. He noted that the Police Department would appreciate having access to any photographs that had been taken. The motion carried. 5-0. CONSENT CALEND~R Item No. 7 was removed from the. Consent Calendar by Councilman Kelly and Items No. 17 and 18 were removed by Councilman Prescott. It was moved by Kelly, seconded by Edgar, to approve the remainder of the Consent Calendar. Mayor Kennedy commended staff on their expeditious response regarding Resolution No. 89-94 (Item No. 6 ) and Councilman Prescott requested a letter supporting co-sponsorship by the City's Congressional representatives of the subject Bill. Council concurred. The motion carried 5-0. 1. APPROVED MINUTES - JUNE 5, 1989, REGULAR MEETING 2. APPROVED DEMANDS IN THE AMOUNT OF $1,620,306.44 RATIFIED PAYROLL IN THE AMOUNT OF $204,530.73 3. REJECTION OF CLAIM NO. 89-11; CLAIMANT-FORREST THATCHER, DATE OF LOSS-4/18/89, DATE FILED WITH CITY-5/10/89 Rejected subject claim for property damage in the amount of $189.76. 4. REJECTION OF CLAIM NO. 89-12; CLAIMANT-SOUTHERN CALIFORNIA EDISON CO., DATE OF LOSS-3/20/89, DATE FILED WITH CITY-5/17/89 Rejected subject claim for property damage in the amount of $4,000.00. 5. TENTATIVE PARCEL MAPS 88-315 AND 88-316 RESOLUTION NO. 89-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 88- 315; and RESOLUTION NO. 89-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 88- 316 Adopted Resolution Nos. 89-78 and 89-79 approving Tentative Parcel Maps 88-315 and 88-316 respectively. 6. RESOLUTION NO. 89-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING HOUSE OF REPRESENTATIVES RESOLUTION 2380, ALLOWING CITIES TO OBTAIN ZIP CODES WHICH CONFORM WITH THEIR MUNICIPAL BOUNDARIES Adopted Resolution No. 89-94 supporting HR 2380 and authorized staff to take appropriate action. 8. AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL YEAR 1989-90 Authorized the City Manager, through Minute Order, to continue fiscal operations for 1989-90 at an appropriation level not to exceed that of 1988-89 until such time as the budget process can be completed. CITY COUNCIL MINUTES Page 9, 6-19-89 9. RESOLUTION NO. 89-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR RECONSTRUCTION OF MAIN STREET FROM PACIFIC STREET TO RTE. 55 (OCUTT PHASE III) Adopted Resolution No. 89-97 approving the plans and specifications for the subject project and directing the City Clerk to advertise for bids. 10. RESOLUTION NO. 89-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND 'SPECIFICATIONS FOR CONSTRUCTION OF IMPROVEMENTS ALONG JAMBOREE ROAD BETWEEN EDINGER AVENUE AND BARRANCA PARKWAY, AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS Adopted Resolution No. 89-98 approving plans and specifications for the subject project and directing the City Clerk to advertise for bids. 11. CARPETING FOR FIELD SERVICES OFFICE Rejected the bid of Carpetime in the amount of $3,374.14 for carpeting the Field Services office at 1472 Service Road and authorized staff to readvertise the project and solicit additional proposals. 12. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 13094 Accepted all public improvements within Tract No. 13094 and authorized the release of all pertinent improvement and monumentation bonds. 13. JAMBOREE ROAD EXTENSION (EDINGER AVENUE TO BARRANCA PARKWAY) CONSTRUCTION ADMINISTRATION AGREEMENT Approved the Jamboree Road Extension Construction Administration Agreement. with the City of Irvine and authorized the Mayor to execute said agreement. 14. ANIMAL CONTROL AND SHELTER SERVICES AGREEMENT Authorized the City Manager to execute an agreement for Animal Control and Shelter-_Services at a cost of $70,366.00 for fiscal year 1989-90. 15. REQUEST FOR LEAVE OF ABSENCE WITHOUT PAY Granted Jeff Chen a leave of absence without pay of forty-one (41) working days from his employment with the City commencing on June 26, 1989 and continuing through August 21, 1989. 16. RESOLUTION NO. 89-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING PARTICIPATION IN ORANGE COUNTY COORDINATED ULTRA FREQUENCYLAW ENFORCEMENT COMMUNICATIONS SYSTEM Adopted Resolution NO. 89-96 as a commitment to participate in the Orange County Coordinated 800 MHz UHF Law Enforcement and Public Works Communications System. 19. CONTRACT JANITORIAL SERVICES - PARKS Authorized the renewal of the Janitorial Services Contract for the Park restrooms with American Building Maintenance Co. (ABM) and amended the contract to reflect the current Consumers Price Index which is five percent (5%) for the period from April 1988 - April 1989. CONSENT CALENDAR ITEM NO. 7, RESOLUTION NO. 89-89 It was moved by Hoesterey, seconded by Edqar to approve the following: ' RESOLUTION NO. 89-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION DECISION THAT USE PERMIT 87-6 EXPIRED ON JUNE 1, 1989 The ~otion carried 3-2, Kelly and Prescott opposed. CITY COUNCIL MINUTES Page 10, 6-19-89 CONSENT CALENDAR ITEM NO. 17, STATEMENT OF INVESTMENT POLICY FOR THE FISCAL YEAR 1989-90 Councilman Prescott asked that this item be continued at the July 17, 1989, City Council meeting and, at that time, the amended language from the previous investment policy be highlighted and a City Council notification requirement be added. William Huston, City Manager, responded that the Audit Committee was currently reviewing the p~licy pertaining to the choice of inves~ent institutions and the Audit Committee had adopted a policy regaT-ding City Council notification requirements. He stated both matters~uld be submitted to the Council for future review and action. James Rourke, City Attorney, informed the Council that, by statute, the Investment Policy required adoption in the month of June. It was moved by Prescott, seconded by Hoestere1, to approve the Statement of Investment Policy for fiscal year 1989-90. The motion carried 5-0. CONSENT CALENDAR ITEM NO 18, RESOLUTION NO. 89-80 Councilman Prescott welcomed the residents in Annexation No. 147 to the City of Tustin. It was ~oved by Prescott, seconded by Edqa%, to adopt the following: RESOLUTION NO. 89-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING TERRITORY DESIGNATED AS ANNEXATION NO. 147 TO THE CITY OF TUSTIN (HOLT AVENUE NORTH OF WARREN) ANNEXED TO THE CITY OF TUSTIN ' The motion carried 5-0. VIII. ORDINANCES FOR INTRODUCTION ' None IX. ORDINANCES FOR ADOPTION - None X. OLD BUSINESS 1. STATUS REPORT - JOHN WAYNE AIRPORT NOISE MONITORING PRO~RAM (JWA), COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAS), AIRPORT SITE COALITION (ASC) AND HELICOPTER OVERFLIGHT PROGRAM TASK FORCE (HOPTF) Christine Shingleton, Director of Community Development, gave a brief staff report concerning appointment of a resident to the CRAS Board. Mayor Kennedy noted the following residents had expressed interest in serving on the CRAS Board of Directors: Kathy Weil, Donald Saltarelli and Frank P. Greinke, Jr. Council concurrea that Kathy Weil be appointed as the City's representative to the CRAS Board of Directors and Frank P. Greinke, Jr. serve as alternate. It was moved by Hoestere¥, seconded by Edgar, to adopt the following: RESOLUTION NO. 89-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OPPOSING ASSEMBLY BILL 1830 WHICH CREATES AN AIRPORT JOINT POWERS AUTHORITY Councilman Kelly said adoption of this Resolution conflicted with prior Council position that problems relating to air traffic should be resolved at a higher level of government and for that reason he felt the Council majority should deny the subject Resolution. Councilman Prescott found this was a petition to a higher level of government and, therefore, consistent. CITY COUNCIL MINUTES Page 11, 6-19-89 Mayor Kennedy noted the City Council had fought the FAA, the Orange County Board of Supervisors, and any body deemed acting improperly on behalf of residents and business. Mayor Pro Tem Edgar was unwilling to defer any decision of an airport location to any agency other than the City Council. Councilman Hoesterey noted there was a faction in Newport Beach eliminating all sites except E1 Toro to minimize the impact of John Wayne Airport overflights. CRAS had been established to address alternate airport sites, but E1 Toro was not a viable solution to the City Council. The motion carried 4-1, Kelly opposed. 2. 20-YEAR MASTER PLAN OF TRANSPORTATION IMPROVEMENTS Mayor Pro Tem Edgar highlighted the serious transportation problems existing in Orange County and State and Federal funding was inadequate to meet those needs. He felt it was appropriate to place the Orange County Traffic Improvement and Growth Management Plan on the ballot. It was moved by Edgar, seconded by Kennedy, to adopt the following: RESOLUTION NO. 89-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ORANGE COUNTY TRAFFIC IMPROVEMENT AND GROWTH MANAGEMENT PLAN FOR THE PURPOSE OF PLACING THE PLAN BEFORE THE VOTERS OF ORANGE COUNTY The following members of the community spoke in opposition to diamond lanes: Carole Bryant, 15500 Tustin Village Way, Tustin Larry Koenig Councilman Prescott stated he had been active last year in supporting Doris Allen's ~nitiative which would have required all gasoline sales tax be used for funding roads. His opposition to the Plan included the following: he would never vote for tax increases, subsidizing railways between Riverside County and Irvine and the deviousness of placing the Plan on a special election ballot in November. Councilman Hoesterey supported the Resolution, not necessarily the Plan, because the Resolution stated the issue would go to a vote of the people and for it not to be placed on the ballot was wrong, the voters should decide. In reference to the special election, in most of the off-year elections, the "no" vote carries more weight than the "yes" vote because the opposition usually gathers more support. He suggested that the extensive funds used for the public relations element of the OCTD be diverted to transportation use. Councilman Kelly was concerned about the process involved to decrease taxes but unfortunately State politicians had the ability to propose desired tax increases. He was bothered by the Plan and did not want the taxpayers to bear the expense of placing it on the ballot. The motion carried 3-2, Kelly and Prescott opposed. 3. POLES/STANDARDS FOR BANNER DISPLAYS James Rourke, City Attorney, reported that the City can allow such public event banners on its poles and standards while prohibiting commercial banners. It was moved by Edgar, seconded by Prescott, to direct staff to submit for Council action a list of alternative sites on First Street, I'rvine Boulevard and Newport Avenue with the inclusion of prioritized locations. The motion carried 5-0. CITY COUNCIL MINUTES Page 12, 6-19-89 XI. NEW BUSINESS 1. AWARD OF CONTRACT FOR CONSTRUCTION OF STORM DRAIN IMPROVEMENTSt SIXTH AND PACIFIC STREETs It was ~oved by Hoesterey, seconded by Edga%, to award the contract for subject project to Jana Contracting Corporation of Anaheim, California, in the amount of $295,698.00; and authorize supplemental budget a ' · pproprlatlon from General Fund reserve in the amount of $24,300.00 to complete contract funding and provide for construction engineering and contingency costs. Mayor Kennedy questioned if residents would be notified of- construction activity and received an affirmative response from staff. The ..motion carried 5-0. 2. AWARD OF CONTRACT FOR STREET WIDENING/TRAFFiC SIGNAL IMPROVEMENTS AT NORTHEAST CORNER OF RED HILL AND WALNUT It was moved by Hoesterey, seconded by Kellk, to award the contract for subject project to Excel Paving Company of Long Beach, California, in the amount of $197,296.00. · Mayor Pro Tem Edgar questioned when construction would begin and received a response from staff of approximately July 17, 1989. The motion carried 5-0. 3. LEVY OF ANNUAL ASSESSMENTS FOR THE 1989-90 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT It was moved b Hoestere seconded b Ed ar to approve the following: , '_ 1. Adopt the following Resolution No. 89-90 ordering the preparation of an Engineer's Report: RESOLUTION NO. 89-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE PREPARATION 'OF AN ENGINEER'S REPORT FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE 1989-90 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT 2. Adopt the following Resolution No. 89-91 approving the Engineer's Report with correction as noted of Assessors Parcel Number: RESOLUTION NO. 89-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE 1989-90 FISCAL YEAR FOR THE LEVY OF ANNUAL ASSESSMENT FOR THE TUSTINLANDSCAPEAND LIGHTING DISTRICT AND FOR THE ANNEXATION OF ADDITIONAL TERRITORY TO SAID EXISTING DISTRICT 3. Adopt the following Resolution No. 89-92 of intention to levy annual assessments, annex additional territory, and to set the protest hearing for July 17, 1989: RESOLUTION NO. 89-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND TO PROVIDE FOR ANANNUAL LEVY OF ASSESSMENT FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE TUSTIN I2~NDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972AND GIVING NOTICE THEREOF William Huston, City Manager, requested that Resolution No. 89- 92 be changed to reflect a Public Hearing date of July 17, 1989. CITY COUNCIL MINUTES. ~m 1~, 6--%9--89 XII. Mayor Pro Tern Edgar requested a map be provided detailing the Tustin Landscape and Lighting District. Robert Ledendecker, Director of Public Works, requested the first Assessor's Parcel Number listed on page 11 of the Engineer's Report, Exhibit A, (Resolution No. 89-91) be deleted and replaced with 502-401-04. Discussion followed between Mayor Pro Tem Edgar and staff regarding expansion of the Tustin Landscape and Lighting District. The motion carried 5-0. 4. EQUIPMENT PURCHASE REQUEST It was moved by Hoesterey, seconded by Edgar, to authorize the purchase of a replacement Aerial Truck from Morrison Industries, Inc., in the amount of $79,387.64. The motion carried 5-0. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JUNE 12, 1989 It was moved by Hoestere¥, seconded by Prescott., to ratify the Planning Commission Action Agenda of June 12, 1989. The motion carried 4-0, Kelly absent. 2. INVESTMENT SCHEDULE AS OF MAY 31, 1989 It was moved by Hoestere¥, seconded by Prescott, to receive and file subject report. The motion carried 4-0, Kelly absent. 3. TRANSIENT OCCUPANCY STUD~ '- It was moved by Hoesterey, seconded by Prescott, to receive and file subj'ect report. The Dotion carried 4-0, Kelly absent. 4. WARNER AVENUE BRIDGE CONSTRUCTION STATUS REPORT Mayor Pro Tem Edgar stated the staff report was more detailed than he required and cited examples of a status report he was seeking. Councilman Hoesterey questioned the use of staff time to compile data when the City Council would have little recourse against the State if the project was behind schedule. It was moved by Edgar, seconded by Hoesterey, to receive and file subject report. The motion carried 5-0. 5. ASSAULT ON CITY MAINTENANCE WORKERS See Page 7. 6. PHOTO RAD~ SPEED ENFORCEMENT It was moved by Hoestere¥, seconded by Edgar, to receive and file subject report. - The ~otion carried 5-0. CITY COUNCIL MINUTES Page 14, 6-19-89 7. SET BUDGET WORKSHOP DATE WITH COUNCIL Council concurred to conduct budget workshops on July 10 and July 17, 1989, at 5:00 p.m. XIII. PUBLIC INPUT - None XIV. OTHER BUSINESS 1. MAYOR PRO TEM EDGAR SELECTED AS "MAN OF THE YEAR,, Councilman Prescott congratulated Mayor Pro Tem Edgar on his recent selection as Tustin "Man of the Year". 2. SUPPORT OF EXTENDING LIBRARY HOURS Councilman Prescott supported Mark Bachan's request to gain extension of the library,s evening hours. ADJOURNMENT IN MEMORY OF SAMUEL FRANCIS Councilman Prescott requested the meeting be adjourned in memory of Samuel Francis, a resident of Tustin for 62 years who died on June 15, 1989. ' 4. FOURTH OF JULY CELEBRATION Councilman Hoesterey invited everyone to participate in the 10th Annual Fourth of July celebration at the Tustin High School Stadium. 5. UPGRADING OF SYCAMORE STREET FROM NEWPORT AVENUE TO RED HILL Mayor Pro Tem Edgar requested a staff report outlining the upgrading of Sycamore Street from Newport Avenue to Red Hill Avenue. 6. GENERAL PLAN AMENDMENTS - LAND USE Mayor Pro Tem Edgar noted two possible areas for upgrading land use within the City and questioned the timeline for improvements on a short-term basis rather than delaying until comprehensive language/policy of the General Plan was revised. Christine Shingleton, Director of Community Development, recommended against incremental modifications addressing major land use issues without a comprehensive analysis. Staff would be utilizing consulting services, which would be submitted for Council approval in September of 1989, with phasing of individual elements to take place over a 12-18 month period. 7. JOINT MEETINGS TO INCLUDE BOARD OF EDUCATION Councilman Kelly requested that the upcoming joint meetings between the City Council and the Planning Commission/Parks and Recreation Commission also include the Tustin Unified School District Board of Education, both past and present Trustees. 8. COMMERCIAL JET FLIGHTS OVER PEPPERTREE DEVELOPMENT Mayor Kennedy noted that her husband had identified a two-engine, commercial jet flying over the Peppertree development at 10:28 a.m. on a Sunday morning and requested staff to investigate. 9. ALL STAR CENTENNIAL PARADE Mayor Kennedy announced that, due to the cooperation of the Greinke family and University of California, Irvine, the City would participate in the All Star Centennial Parade on July 5, 1989, at Angel Stadium. A 1930 Model A Coupe automobile donated by the Greinke family and a new prototype called the UCI Solaris would represent Tustin's heritage and future in the parade. Council concurred to appropriate funds in the amount of approximately $500.00 for transportation of the vehicles. CITY COUNCIL MINUTES Page 15, 6-19-89 XV. CLOSED SESSION Mayor Kennedy announced the City Council would recess to Closed Session to consider personnel matters pursuant to Government Code Section 54957. XVI. ADJOURNMENT At 10:00 p.m., the meeting recessed to the Redevelopment Agency, then to the above Closed Session, then adjourned in memory of Samuel Francis to the Budget Workshops on July 10 and 17, 1989, at 5:00 p.m., and then to the neXt Regular Meeting on Monday, July 17, 1989, at 7:00 p.m. (There would not be a City Council meeting on July 3, 1989). XVII. FOLLOWING CLOSED SESSION - POLICE CHIEF WILLIAM FRANKS It was moved by Hoestere¥, seconded by Kelly, to approve a salary in the amount of $80,000 per year and a one-time credit of 120 hours of General Leave for Police Chief William Franks effective August 1, 1989. The motion carried 5-0. MAYOR CITY CLERK