HomeMy WebLinkAboutCC 1 MINUTES 11-20-89MINB ~ OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
NOVEMBER 6, 1989
Io
II.
III.
IV.
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Kennedy at 7:00 p.m. in the
City Council Chambers, 300 Centennial Way. The Pledge of Allegiance
was led by Councilman Kelly.
INVOCATION
The Invocation was given by Elie Spitz Rabbi of Congregational B'Nai
Israel. '
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
W. Douglas Franks, Chief of Police
Robert Ledendecker, Director of Public Works
Ronald A. Nault, Finance Director
Royleen White, Dir./Community & Admin. Services
Daniel Fox, Senior Planner
Valerie Whiteman, Deputy City Clerk
Approximately 130 in the audience
PROCLAMATIONS
1. THANKSGIVING DAY -'DAY OF PRAYER
See Page 11.
2. B'NAI B'RITH 146THANNIVERSARy
Mayor Kennedy read and presented a proclamation to Bob Schoenberg
and Morton Wolk. The proclamation congratulated B'nai B'rith on
their 146th anniversary.
Bob Schoenberg and Morton Wolk, on behalf of B'nai B'rith,
thanked the City Council for the proclamation and recognition.
3. NATIONAL FAMILY WEEK - NOVEMBER 19-25t 1989
Mayor Kennedy read and presented a proclamation to Joni Martin,
representing Family Service Association of Orange County. The
proclamation declared November 19-25, 1989, as National Family
Week in the City.
Joni Martin, on behalf of the staff, clients and Board of
Directors of Family Service Association, thanked the City Council
for their support of National Family Week.
PUBLIC HEARINGS
1. AMENDMENTS TO TUSTIN CITY CODE RELATED TO THE PERMITTED LOCATION
OF SWIMMING POOL, SPA AND HOT TUB EQUIPMENT
Mayor Kennedy opened the Public Hearing at 7:10 p.m. There were
no speakers on the subject and the Public Hearing was closed.
It was moved by Hoesterey, seconded by Kelly, to waive first
reading and introduce the following Ordinance No. 1034:
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ORDINANCE NO. 1034 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING SECTION 8501h OF CHAPTER 5,
ARTICLE 8 OF THE TUSTIN CITY CODE RELATED TO THE PERMITTED
LOCATION OF SWIMMING POOL, SPA AND HOT TUB EQUIPMENT
The motion carried 5-0.
2. APPEAL OF PLANNING COMMISSION, VARIANCE 89-09 (DYNACHEM)
Daniel Fox, Senior Planner, gave a staff report regarding the
Planning Commission's action to deny Variance 89-09, a request
to reduce the required parking from 389 spaces to 357 spaces to
accommodate certain tenant improvements at 2631 Michelle Drive.
Mayor Kennedy opened the Public Hearing at 7:15 p.m. The
following members of the audience spoke in opposition to denial
of Variance 89-09:
Richard Coleman, representing Morton Thiokol/Dynachem Division
Perry Grace, President, Dynachem
There were no other speakers on the subject and the Public
Hearing was closed at 7:35 p.m.
Christine Shingleton, Director of Community Development, noted
two concerns: (1) who became the enforcement body after five-
year target date and (2) phase two improvements. She cited
memorandum from Morton Thiokol, Inc. dated September 11, 1989,
indicating phase two required less parking than the 357 spaces
presently existing on the property. She noted that Council had
previously instructed staff to specifically draft a parking
ordinance increasing office/R&D space requirements in response
to the warehouse building issue. Staff anticipated the parking
standards for industrial R&D/office use may increase due to
current trends for office intensification in industrial parks.
Councilman Prescott stated he conducted an unannounced inspection
of the parking lot at Dynachem; counted 170 vacant spaces, 187
utilized spaces. He questioned if the City could bind Dynachem
to a legal agreement to provide additional spaces in the future
if needed.
Councilman Hoesterey stated a bond, returnable to the company
upon completion of construction, would require the company to
complete the work and provide the spaces if the work was
suspended prematurely. He noted that a bond would also protect
the City; if Dynachem suspended the project and decided the land
value was worth more than the company, it could not sell the
project with substandard parking.
It was moved by Hoestere¥, seconded by Prescott, to attach a
performance bond to the Variance.
Mayor Kennedy questioned if there was an alternative to granting
the Variance, which she felt would set a precedent in that part
of the City. Additionally, she questioned if a Variance would
be required if a legally binding contract was presented.
Christine Shingleton responded that staff would resubmit for
Council consideration a list of conditions of approval, which may
include the stipulated bond requirement.
As a substitute motion, it was moved by Hoesterey, seconded by
Prescott, to continue this item until the November 20, 1989 City
Council meeting, in order for documents to be presented and
incorporated as a condition of the Variance approval.
Mayor Pro Tem Edgar requested the agreement not provide for land
entitlement that could transfer to another party and annual
checkpoint review by the City Council be included.
The substitute motion carried 5-0.
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3. ZONING CODE AMENDMENT 89-01 (14401 FRANKLIN AVENUE)
Christine Shingleton, Director of Community Development, gave a
staff report regarding the proposal to allow an automotive
service and repair business at 14401 Franklin Avenue.
Mayor Kennedy opened the Public Hearing at 7:49 p.m. There were
no speakers on the subject and the Public Hearing was closed.
It was moved by Hoesterey, seconded by Kelly, to certify the
Final Negative Declaration for the project as adequate by
adoption of the following Resolution No. 89-162:
RESOLUTION NO. 89-162 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR ZONING CODE AMENDMENT 89-01 AND
CONDITIONAL USE PERMIT 89-35 INCLUDING REQUIRED FINDINGS PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The motion carried 5-0.
It was moved by Hoesterey, seconded by Edqar, to waive first
reading of Ordinance No. 1035. The motion carried 5-0. It was
moved by Hoesterey, seconded by Edgar, that Ordinance No. 1035,
for Zoning Code Amendment 89-01, be introduced as follows:
ORDINANCE NO. 1035 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 611, THE
PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE TUSTIN/IRVINE
INDUSTRIAL COMPLEX TO ADD AUTOMOTIVE SERVICE AND REPAIR AS A
PERMITTED USE IN THE INDUSTRIAL COMMERCIAL CONDITIONAL USE
DESIGNATION SUBJECT TO A USE PERMIT
The motion carried 5-0.
VI. PUBLIC INPUT
1. ILLEGAL DRUG ACTIVITY, CARFAX DRIVE VICINITY
Ben Brown, Carfax Drive, Tustin, addressed the City Council
regarding illegal drug activity in the Carfax Drive/Cosmopolitan
Apartments vicinity. He requested the City Council continue law
enforcement support.
2. EXCESSIVE NOISE - L~RWIN SQUARE
Robert Nicholas, P.O. Box 415, Tustin, reported a low-pitch
vibration noise from Larwin Square during early morning hours and
requested Council assistance.
Mayor Kennedy requested the matter be agendized. Council
concurred.
3. PUBLIC INPUT PROCEDURES
The following members of the audience expressed concern regarding
non-Tustin residents' excessive speaking during City Council
meetings:
Rex Combs, Tustin Meadows Community Association
Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin
Council discussion followed regarding proper Public Input
procedures and restriction of speakers.
council concurred to agendize the matter.
4. PUBLIC HEARINGS PRIOR TO INTRODUCTION OF ORDINANCES
Berklee Maughan, Tustin resident, requested all Ordinances have
a Public Hearing prior to introduction.
Council concurred to agendize the matter.~
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VI_ CONSENT CALENDAR
Item No. 8 was removed from the Consent Calendar by Councilman Kelly.
It was moved by Kelly, seconded by Edgar, to approve the remainder
of the Consent Calendar. The motion carried 5-0.
1. APPROVAL OF MINUTES - OCTOBER 16, 1989, REGULAR MEETING
2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,203,098.67
RATIFICATION OF PAYROLL IN THE AMOUNT OF $215,252.80
3. RESOLUTION NO. 89-163 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP 88-315
Adopted Resolution No. 89-163 approving Final Parcel Map 88-
315.
4. JACQUELINE M. THOMAS APPOINTMENT TO THE ORANGE COUNTY SENIOR
ADVISORY COUNCIL
Authorized staff to write appropriate letters to the Director
of the League of California Cities, Orange County Division,
to Supervisor Tom Riley and to the Chairman of the Advisory
Council requesting Jacqueline Thomas' appointment as a two-
year voting member of the Orange County Senior Citizen
Advisory Council.
5. REJECTION OF CLAIM NO. 89-37; CLAIMANT-DAVID CRONAUER, DATE OF
LOSS-3/23/89, DATE FILED WITH CITY-9/5/89
Rejected subject claim for personal injury of an undetermined
amount.
6. REJECTION OF CLAIM NO. 89-36; CLAIMANT-WALTER AND IRENE THOMAS,
DATE OF LOSS-3/3/89, DATE FILED WITH CITY-9/1/89 .
Rejected subject claim for general damages in the amount of
$1,000,000.
7. REJECTION OF CLAIM NO. 89-40; CLAIMANT-BARBARA OHLSSON, DATE OF
LOSS-5/27/89, DATE FILED WITH CITY-9/20/89
Rejected subject claim for property damages in the amount of
$10,000.
~ 9. PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF VENTA STORM DRAIN
(WALNUT AVENUE TO F-10 CHANNEL)
ApprOved a professional services agreement with GPS Consulting
Civil Engineers for design of the Venta Storm Drain project
in the amount of $40,157.00, and authorized execution of the
agreement by the Mayor and City Clerk.
10. RIGHT-OF-WAY CERTIFICATION FOR JAMBOREE ROAD EXTENSION PROJECT,
BARRANCA PARKWAY TO EDINGER AVENUE
Certified that all legal and physical possession and rights
to enter have been obtained for AHFP Project No. 1258
(Jamboree Road from Barranca Parkway to Edinger Avenue) and
authorized the Mayor and City Clerk to execute the right-of-
way certification document on behalf of the City.
11. EL MODENA-IRVINE CHANNEL (FACILITY F07) IMPROVEMENTS BETWEEN THE
SANTA ANA (I-5) FREEWAY AND DOWNSTREAM OF MICHELLE DRIVE
Approved (1) Execution of the professional services agreement
with the firm of Robert Bein, William Frost and Associates,
in the amount of $35,320 to provide the engineering services
for the design of the E1 Modena-Irvine Channel improvements
between the I-5 Freeway and downstream of Michelle Drive and
(2) Solicitation of proposals and execution of a professional
services agreement for the geotechnical services associated
with the E1 Modena-Irvine Channel design.
12. REHABILITATION OF FOOTHILL RESERVOIR
Authorized staff to solicit bids for the installation of a
fabric-reinforced Hypalon liner in the City' s .Foothill
Reservoir.
13. REQUEST FOR TREE REMOVALS
Approved requests for tree removals at the following
locations: 13612 Marshall Lane and 235 Main Street; and denied
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request for tree removal at the following location: 14192 S.W.
Carfax.
14. THIRD SUPPLEMENTAL AGREEMENT TO OCWD/CITY OF TUSTIN NITR~TE
REMOVAL DEMONSTRATION PROJECT AGREEMENT
Approved the Third Supplemental Agreement to OCWD/City of
Tustin Nitrate Removal Demonstration Project Agreement and
authorized the Mayor to execute said agreement.
15. DECLARATION OF SURPLUS VEHICLES AND WORK EQUIPMENT
Approved (1) Specified equipment surplus, not required for
public use and authorized disposal, (2) That Unit 3409, 1986
Chevrolet Caprice, be identified as the unit which will be
donated to the Tustin Area Historical Society, authorized by
the City Council on October 2, 1989 and (3) That the Tustin
Unified School District be authorized to purchase one of the
Police vehicles at an estimated value.
16. VEHICLE PURCHASE
Authorized solicitation of bids for a utility vehicle to be
assigned to Community Development and transferred funds in the
amount of $7,000.00 from the General Fund to support the
purchase of said vehicle.
CONSENT CALENDAR NO. 8 - REJECTION OF CLAIM NO. 89-31; CLAIMANT-
SHIRLEY LEWIS, DATE OF LOSS-8/1/89, DATE FILED WITH CITY-8/21/89
Councilman Kelly expressed concern regarding the nature of the claim
and wanted further Council discussion.
It was moved by Edgar, seconded by Hoesterey, to reject subject claim
for property and personal damages of an undetermined amount; and to
discuss the matter in Closed Session at the November 20, 1989 City
Council meeting.
The motion carried 5-0.
VIII. ORDINANCES FOR INTRODUCTION
1. ORDINANCE NO. 1036 - ELECTION OF CITY COUNCILMEMBERS BY DISTRICT
Councilman Kelly noted the growth of the City from 3,500 to
48,000 warranted increasing the number of Councilmembers from
five to seven and elect Councilmembers by District. He wanted a
non-political ad hoc committee formed to establish ward lines
to insure total City representation.
It was moved by Kelly, seconded by Prescott, to support the
concept of a seven-member City Council and establish a study
committee.
Mayor Pro Tem Edgar commented that of the seven Orange County
cities with population over 100,000, there were two that had
seven Councilmembers and of those two, one had districts. The
challenge was the City needed the best talent possible and in
smaller cities (50,000 people) it was practical to draw from more
than one person in a certain geographical area. He was opposed
to the Ordinance based on the size of the City.
Councilman Hoesterey stated that conversion to districts put a
Councilperson in a position of being parochial and the overall
goals of the City became subservient to the individual goals of
each elected official representing their particular district.
To take further action now that would further divide the
community was not the best direction at this time.
Councilman Prescott said the City was growing and it was very
important that each neighborhood be represented on the City
Council. Increasing participation in local government was better
for the citizens and community.
Mayor Kennedy stated it may be necessary in the future to
increase the number of Councilmembers when'the City grew. beyond
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population of 100,000, but at this time she could not support the
Ordinance.
The motion failed 2-3, Kennedy, Edgar and Hoesterey opposed.
ORDINANCE NO. 1032 - CHANGING OF ELECTION DATE FROM NOVEMBER TO
APRIL
It was moved by Hoestere¥, seconded by Kennedy, that Ordinance
No. 1032 have first reading by title only. The motion carried
.5-0. Following first reading by title only of Ordinance 1032
by the City Clerk, it was moved by Hoesterey, seconded by Edgar,
that Ordinance No. 1032 be introduced as follows:
ORDINANCE NO. 1032 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, REPEALING ORDINANCE NO. 980 WHICH
REQUIRED THE CITY'S GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED
WITH THE STATEWIDE GENERAL ELECTION HELD IN NOVEMBER OF EVEN
NUMBERED. YEARS, PURSUANT TO SECTION 36503.5 OF THE GOVERNMENT
CODE
Councilman Kelly repeated his objection to rescheduling the City
election and stated that approximately twenty seven cities held
elections in November. He cited the additional cost to the City
and a November election would ensure fair, overall City
representation. He wanted more people, not less, to vote in City
elections.
The following members of the audience spoke in opposition to
changing the election date from November to April:
Berklee Maughan, Tustin
Alex Carrassi, 17961 Arbolada Way, Tustin
Jim Pack, 1131 Packers Circle #71, Tustin
Michael David, Tustin
Carole Bryant, 15500 Tustin Village Way #100, Tustin
Mark Bachan, 215.South Prospect #B-10, Tustin
The following members of the audience spoke in favor of changing
the election date from November to April:
Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin
Carl Kasalek, 2352 Caper Tree, Tustin
Mayor Kennedy stated in the last couple of weeks constituents
had contacted her favoring an April election and were sincerely
interested in having a very businesslike and professional City
Council. She was offended by the intrusion of partisan politics
into the issue and said City government was nonpartisan
government, governing for the good of all without control by the
Republican, Democratic or other political parties. She cited the
reduced cost for campaigning during an April election resulting
in more candidate participation and defeat of an incumbent would
be easier in an April election.
Councilman Prescott stated that no City in California had ever
reverted back from November to April elections and since 1982,
when the law was enacted allowing cities to change from April to
November elections, 60% had converted. He noted this was being
done 5 months before the election and many residents were upset.
The motion carried 3-2, Prescott and Kelly opposed.
3. ORDINANCE NO. 1033 - NEWSRACKS REGULATION
It was moved by Edgar, seconded by Hoesterey, that Ordinance No.
1033 have first reading by title only.
Mayor Kennedy requested the word "contains" be changed to
"displays" on page 6, section "J", of the Ordinance to strengthen ·
the City's position against liability.
Councilman Kelly adamantly stated his opposition to the
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Page 7, 11-6-89
Ordinance. The total issue was articles for sale in the public
right-of-way and he wanted enforcement of the current Ordinance.
Councilman Prescott said changing the word "contains,, to
"displays,, would allow pornographic material to be sold on City
streets.
Councilman Hoesterey stated the City had been put in a position
of Constitutional jeopardy and approval or denial of the
Ordinance would result in a lawsuit. He wanted to review other
options that would not create a personal risk for Councilmembers
of $500,000.
Council/staff discussion followed regarding the Constitutionality
of the Ordinance currently in effect and the two Ordinances
previously submitted by the City Attorney.
Mayor Pro Tem Edgar expressed that no one on the Council favored
pornography but desired to significantly reduce the exposure of
pornographic material in newsstands. He expressed support for
the Ordinance that was introduced on October 16, 1989.
As a substitute motion, it was moved by Hoesterey, seconded b~
Edgar, to review all three Ordinances in question at the November
20, 1989 City Council meeting.
The substitute motion carried 5-0.
IX. ORDINANCES FOR ADOPTION - None
OLD BUSINESS
1. STATUS REPORT - JOHN WAYNE AIRPORT NOISE MONITORING PROGRAM
(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, stated
the City of Irvine had sent a letter to SCAG and ICA complaining
about funds being spent to duplicate efforts on the joint use of
E1 Toro. She suggested a similar letter signed by the Mayor be
sent from the City of Tustin. Council concurred.
It was moved by Hoesterey, seconded by Kennedy, to receive and
file subject report.
The motion carried 4-0, Edgar absent.
2. GAS POWERED LEAF BLOWERS
It was moved by Hoesterey, seconded by Kennedy, to receive and
file subject report.
The motion carried 5-0.
.~ECESS - The meeting recessed at 9:34 p.m. and reconvened at 9:43 p.m.
5. REQUEST FOR WAIVER OF STREET DEDICATION - IRVINE BOULEVARD
(AGENDA ORDER)
Mayor Kennedy stated the City Engineer had requested Council
instruction to negotiate an irrevocable offer of dedication
between the land owner with the cooperation of the lessee and
Chevron. He believed it would prevent the City from being in
jeopardy with AHFP, OCUTT and FAU funding programs.
Councilman Edgar recognized the criticality of preserving the
Irvine/Newport right-of-way and said the City was sensitive to
the applicant's desire to upgrade the facility.
ITY COUNCIL MINUTES
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The following members of the audience spoke in favor of the
street dedication waiver:
Bob Fiscus, representing Chevron USA, Inc.
Dan Powell, representing Bent Powell Chevron
Councilman Hoesterey questioned the disproportionate amount of
land dedication required in relationship to the amount of work
for upgrading the station and suggested changes that would take
minor building additions out of the realm of requiring a large
amount of land dedication.
Councilman Prescott volunteered to serve with staff on the
negotiation committee, gouncil concurred.
_
Mayor Kennedy directed staff, with Councilman Prescott assisting,
to negotiate an irrevocable offer of dedication with
lessee/owner/operator; and to assist applicant with building
permit process. C_ouncil concurred.
3. STATUS REPORT - 200 EL CAMINO (PACIFIC MEAT COMPANY)
It w~as moved by. Hoesterey, seconded by Edqal, to authorize staff
to obtain at least three demolition bids an~order the demolition
of a fire damaged structure by the lowest bidder as soon as
possible and appropriate a maximum of $30,000 from general fund
reserve for said work.
The motion carried 5-0.
4. I-5/SR-55 INTERCHANGE RECONSTRUCTION, CONCERNS OF THE TUSTIN
VILLAGE WAY ~OMEOWNERS ASSOCIATION
The City Council requested Caltrans representatives respond to
the following Tustin Village Way homeowners, concerns:
1. The agreement .betWeen Caltrans and the Orange County
Transportation District regarding the construction of an
exclusive transitway connector between I-5 and SR-55, the only
transitway to be built through residential land in the
country.
2. NoiSe from the ongoing project to widen SR-55/I-5 was getting
louder. Why?
3. Why, and by what authority, had Caltrans surveyors entered
onto Association property?
4. What was the status of the negotiations to acquire right-of-
way from the Association for the I-5/SR-55 project? It had
been several months since any contact by Caltrans was made.
Barry Rabbitt, Caltrans Deputy District Director/Project Manager
and Ralph Neal, Caltrans representative, responded to the above
concerns.
Mayor Kennedy questioned what the Association did during the
interim period when there was not sufficient parking causing
violation of City standard for parking.
Christine -Shingleton, Director of Community Development,
responded that the City's position had been that the
Environmental Impact Report for the widening program did require
compliance with City ordinances, particularly as it related to
parking and zoning requirements. Staff was working with Caltrans
in the review of individual acquisitions.
Councilman Hoesterey questioned why the residents felt incumbent
to request the City Council read questions to Caltrans; and asked
whether there were regular scheduled Caltrans meetings to meet'
with residents and provide updates.
Mayor Kennedy responded that Caltrans had suggested addressing
the concerns in a public forum.
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TY C_OUNCIL MINUTES
ae 11-6-89
The following members of the audience addressed the City Council
regarding concerns of the Tustin Village Way Homeowners.
Association:
Richard Rockwell, 315 Centennial Way, Tustin
Dayna Wright, 15500 Tustin Village Way #33, Tustin
Donna Wilson, 15500 Tustin Village Way #117, Tustin
Michael Donnelly, 15500 Tustin Village Way #36, Tustin
Sandra Magazzu, 15500 Tustin Village Way, #42, Tustin
5. REQUEST FOR WAIVER OF STREET DEDICATION - IRVINE BOULEVARD
See Page 7.
6. JOINT pOWERS AGREEMENT
Councilman Prescott complained that the agreement created a new
taxing authority imposing a 2% tax on any City improvement
project .exceeding $20,000 in value.
Mayor Pro Tem Edgar stated the City was not against extensive
building in Santa Aha, but was against unilateral construction
in Santa Ana that would have severe traffic impacts on Tustin.
It was appropriate for the City to establish an agency governing
issues that severely impact traffic in both Cities and to mandate
funding as part of the construction to mitigate traffic.
Councilman Hoesterey expressed the limit of $20,000 appeared to
be small for individual rehabilitation of property, forcing
payment of a transportation fee, when intent of the program was
to make massive developments responsible for mitigation of
traffic problems. He wanted to review the situation from a
standpoint of major developments as opposed to $20,000 projects.
James Rourke, City Attorney, noted the 2% figures were interim
figures that would apply only until such time as studies had
been completed describing and identifying all traffic impacts
that could be expected from ultimate development in both Cities.
~William Huston, City Manager, noted that when Pacific Telephone
built their building at Edinger/Red Hill, they had to pay a
substantial-fee for traffic mitigation and improvements such as
traffic signals/widening intersection, etc. The Joint Powers
Agreement stated in lieu of a bond or cash toward traffic
mitigation developers would be required to pay a fee initially;
it was not a new fee or new tax. He said another important issue
was the City Council would have an opportunity to work with Santa
Ana on traffic mitigation rather than engaging in on-going legal
- action.
James Rourke commented that this type of program was consistent
with Proposition 13, allocating the cost of government expenses
to those who created the need rather than taxing everyone for
needed services.
Mayor Kennedy suggested the discussion be continued in Closed
Session. Council concurred.
Councilman Kelly opposed the creation of any new taxing
authority, but saw the value and benefit in such an agreement..
7. GREEN VALLEY BUILDING SETBACKS
It was moved by Hoesterey, seconded by Prescott, to continue
this item at the November 20, 1989 City Council meeting.
The motion carried 5-0.
8. ON-STREET PARKING RESTRICTIONS DURING STREET SWEEPING HOURS
It was moved by Hoesterey, seconded by Prescott, t° continue this
item at the November 20, 1989 City Council meeting.
The motion carried 5-0.
COUNCIL MINUTES
' 11-6-89
NEW BUSINESS
1. REFUND OF FEES - L.P. REPERTORY COMPANY
It was ~oved by Kennedy, seconded by Hoestere to
to the L.P. Repertory company and ........... ~' · . .refund fees
in the amount of $978 ~- = ~~v~ appropriation of funds
from the General Fund Reserve.
The ~otion carried 5-0.
2. CONFLICT OF MEETINGS - CITY COUNCIL AND TUSTIN UNIFIED SCHOOL
DISTRICT BOARD OF EDUCATION
Councilman Kelly commented that everyone should havei~the benefit
of attending both school board and City Council meetings. The
school board had indicated an unwillingness to move their meeting
date from Monday nights.
Councilm~n Kelly's motion to change the City Council meetings to
Tuesday nights ~ied. for lack of a second.
It was moved b Prescott. seconded b-- Kenned _ to
to explore the ramifi ~ ~ ..... .., direct staff
ca~ u~ ~xcnanglng meeting dates with the
Planning Commission (changing City Council meetings to 2nd and
4th Mondays) and agendize for Council consideration.
The motion carried 5-0.
3. MUNICIPAL ELECTION DATE
Councilman Prescott requested continuation of this item to the
November 20, 1989 City Council Meeting. Council concurred.
_
REPORTS
PLANNING COMMISSION ACTION AGENDA - OCTOBER 23, 1989
It was Doved by Edgar, seconded by Kelly, to ratify the Planning
Commission Action Agenda of October 23, 1989.
The motion carried 5-0.
2. STATUS REPORT REGARDING MAGNOLIA TREE PARK
It was moved by Hoesterey, seconded by Kennedy to receive and
file subject report. '
- The motion carried 5-0.
3. COLONIAL BIBLE SCHOOL
Christine Shingleton, Director of Community Development, reported
that due to late submittal of the application the earliest the
matter could be scheduled was for the November 20 1989 City
Council meeting. '
The following member of the audience spoke regarding expediting
the request and waiving of fees:
Nova Pack, Tu~tin
Council/staff/speaker discussion followed regarding eviction date
set by Tustin Unified School District from current school site.
council concurred that the item would be agendized for November
20, 1989 City Council meeting and a letter would be drafted, to
the Tustin Unified School District requesting eviction time line
cooperation.
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Page 11, 11-6-89 i
III.
XIV.
PROCLAMATION No. 1, THANKSGIVING DAY - DAY OF PRAYER (AGENDA ORDER)
Mayor Kennedy presented a proclamation to Nova Pack declaring
Thanksgiving Day as a Day of Prayer.
Nova Pack, Pastor of Hope Christian Church, accepted the
proclamation and expressed his appreciation.
4. WARNER AVENUE BRIDGE CONSTRUCTION
It was moved by Hoesterey, seconded by Kennedy, to receive and
file subject report.
The motion carried 5-0.
5. INVESTMENT SCHEDULE, OCTOBER 31, 1989
It was moved by Hoesterey, seconded by Kennedy, to receive and
file subject report.
The motion carried 5-0.
'. PUBLIC INPUT - None
OTHER BUSINESS
1. CANCELLATION OF DECEMBER 18, 1989 CITY COUNCIL MEETING
It was moved by Edgar, seconded by Kennedy, to cancel the
December 18, 1989 City Council meeting due to the holidays.
The motion carried 3-2, Kelly and Prescott opposed.
2. SUPPORT FOR MEASURE "M"
Mayor Pro Tem Edgar expressed his support of Measure "M" to
relieve traffic congestion.
Councilman Prescott voiced his opposition to Measure "M".
3. MISSING TRASH CAN LIDS
Councilman Prescott noted that several lids on City owned-trash
cans were missing.
4. STORAGE ROOM FOR CABLE BROADCASTING EQUIPMENT
Councilman Prescott reported the City of Costa Mesa had a room
expressly for the storage of their cable television broadcasting
equipment. He thought the idea could be utilized in the redesign
of City Hall and requested the subject be agendized for
discussion.
5. INTERRUPTION OF CITY COUNCIL MEETING CABLE BROADCASTS
Mayor Kennedy stated she had consistently heard from residents
of East Tustin, Laurelwood and Peppertree that their cable
programming was interrupted at 9:00 p.m. She requested staff
investigate-and agendize for the January 2, 1990 City Council
meeting.
6. EMPLOYEE/EMPLOYER CONTRACT NEGOTIATIONS
Mayor Kennedy requested a written update on the status of
employee contract negotiations.
CITY COUNCIL MEETING
Page 12, 11-6-89
CLOSED SEBSION
Mayor Kennedy announced the City Council would recess to Closed
Session to consider personnel matters pursuant to Government Code
Section 54957; and to decide whether to file legal action against the
City of Santa Ana regarding the proposed Birtcher Development
pursuant to Government Code Section 54956.9(c).
ADJOURNMENT
At 11:55 p.m., the meeting recessed to the Redevelopment Agency, then
to the above Closed Session and then adjourned to the next Regular
Meeting on November 20, 1989, at 7:00 p.m.
FOLLOWING CLOSED SESSION
The City Council reconvened at 12:11 a.m. and took the following
action:
It was ~oved by Hoesterey, seconded by Edgar, that legal action be
authorized and directed to be filed against the City of Santa Ana
regarding the Birtcher-Xerox Centre project if Santa Ana does not
execute the Joint Powers Agreement and deliver it to Tustin
forthwith.
The Dotion carried 3-2, Kelly and Prescott opposed.
It was moved by Edgar, seconded by Hoestere¥, to approve the
Employment Contract with William Huston, City Manager and adopt
Resolution No. 89-164. '
The ~otion carried 3-2, Kelly and Prescott absent.
MAYOR
CITY CLERK