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HomeMy WebLinkAboutCity Council Minutes 12-04-89HZNUTEB OF ~REGU~I~EETZNG OF THE CZTY COUNCZL OF THE CZTY OF TUSTZN, CALZFOI~''~ NOVEI~ER 20~ 1989 II. IV. Vo C~LL TO ORDER/PLEDGE OF ~LLEGZANCE The meeting was called to order by Mayor Kennedy at 7:03 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Hoesterey. INVOCATION - The Invocation was given by 'Father Des Colleran, St. Cecilia's Roman Catholic Church. 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 William A. Huston, City Manager Thomas Woodruff, Assistant 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 Monda Buckley, Administrative Assistant Valerie Whiteman, Acting Chief Deputy City Clerk Approximately 60 in the audience PUBLIC HEARING 1. ESTABLISHMENT OF TRANSPORTATION IMPROVEMENT PROGRAM AREAB AND DEVELOPMENT FEES - ORDINANCE NO. 1037 Christine Shingleton, Director of Community Development, gave a summary of the Transportation System Improvement Program (TSIP) noting that the .Cities of Tustin and Santa Ana. would jointly develop and maintain a program to comprehensively identify all needed transportation system improvements/priorities in TSIP Areas A (Santa Ana) or B (Tustin), to determine the appropriate developer fees to finance said improvements, and'to control the expenditure of appropriate development fee revenues for area wide transportation improvements which would benefit each TSIP Area. A brief Council/staff discussion followed clarifying the Ordinance would specifically exempt tenant improvements. 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 Edgar, seconded by Hoesterey, that Ordinance No. 1037 have first reading by title only. The motion carried 3-0, Kelly and Prescott absent. Following first reading by title only of Ordinance No. 1037 by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 1037 be introduced as follows: ORDINANCE NO. 1037 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE BY ADDING SECTION 8101 k. TO ESTABLISH A TRANSPORTATION SYSTEM IMPROVEMENT DEVELOPMENT FEE The motion carried 3-0, Kelly and Prescott absent. PUBLIC INPUT 1. COUNCILMAN HOESTEREY'S RESIDENCY/ILLEGAL QUORUM Thomas Woodruff, Assistant City Attorney, responded to Mayor Kennedy's concern regarding the legality of discussing this matter while in litigation, and advised that because the City CITY COUNCIL MINUTES Page 2, 11-20-89 IX. IX. VI. did not know at this time whether it would be a party in the lawsuit relative to councilman Hoesterey's residency status, the City Council should not engage in discussion on the subject. The' following members of the audience addressed the Council regarding Councilman Hoesterey's residency status: Gregory Hile, P.O. Box 380, Running Springs Nova Pack, 14681 Buckingham Place, Tustin Carole Bryant, P.O. Box 772, Tustin Berklee Maughan, Tustin Councilman Hoesterey responded that he was a resident of Tustin and that a Superior Court judge had rejected Councilman Kelly's and Councilman Prescott's attempt to prohibit him from participating in the City Council meeting. SUPPORT FOR COUNCILF, AN HOESTEREY' George Speicher, 14711 Alder Lane, Tustin, expressed his support of Councilman Hoesterey's dedicated public service. OLD BUSINESS (~%GENDA ORDER) 3. PUBLIC ALLEY ABANDONMENT/VACATION Ralph Westrum, 13651 Rosalind Drive, Tustin, requested this item be continued. It was moved by Kennedy, seconded by Edgar, to continue this matter to the December 4, 1989 City Council meeting. The motion carried 3-0, Kelly and Prescott absent. OLD BUSINESS (AGENDA ORDER) 2. GREEN VALLEY BUILDING SETBACKS Berklee Maughan, Tustin, requested the following Green Valley concerns be continued: Old Business No. 2, Green Valley Building Setbacks; Old Business No. 5, Street Sweeping Hours; and Old Business No. 10, Problem Resolution Center. The request to continue Old Business Nos. 5 and 10 was denied by the City Council. It was moved by Edgar, seconded by Hoesterey, to continue Old Business No. 2, Green Valley Building Setbacks, to the December 4, 1989 City Council meeting. The motion carried 3-0, Kelly and Prescott absent. OLD BUSINESS (AGENDA ORDER) 6 . REQUEST FOR WAIVER OF BOULEVARD/NEWPORT AVENUE STREET DEDICATION - IRVINE Robert Fiscus, 1300 Beach Boulevard, La Habra, representing Chevron USA, Inc., requested this item be continued. It was moved by Edgar, seconded by Kennedy, to continue this item to the December 4, 1989 City Council meeting. The motion carried 3-0, Kelly and Prescott absent. CONSENT CALENDAR Item No. 1 was removed from the Consent Calendar by Mayor Kennedy and Mayor Pro Tem Edgar. It was moved by Edgar, seconded by Kennedy, to approve the remainder of the Consent Calendar. The motion carried 3-0, Kelly and Prescott absent. APPROVED DEMANDS IN THE AMOUNT OF $2,917,327.38 RATIFIED PAYROLL IN THE AMOUNT OF $438,555.00 CITY COUNCIL MINUTES Page 3, 11-20-89 RESOLUTION NO. 89-172 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING A PROPOSED RESOLUTION OF INTENTION OF THE CITY OF IRVINE FOR THE FORMATION OF AND WORK RELATING TO THE CITY OF IRVINE ASSESSMENT DISTRICT NO. 89-9, THE ASSESSMENT ON THE LAND THEREIN AND THE ASSUMPTION OF JURISDICTION FOR THE PURPOSE OF ASSESSING CITY OF TUSTIN LAND LYING WITHIN SUCH ASSESSMENT DISTRICT Adopted Resolution No. 89-172 of consent for the formation of City of Irvine Assessment District No. 89-9. 4. PROJECT ADMINISTI~%TION AGREEMENT WITH COUNTY OF ORANGE FOR JAMBOREE ROAD EXTENSION PROJECT, AKFP NO. 1258 Approved a Project Administration Agreement with the County of Orange for construction funding of AHFP Project No. 1258 (Jamboree Road from Barranca Parkway to Edinger Avenue) and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. 5. I-$/SR-55 PHASE II RECONSTRUCTION, TI~tFFIC CONTROL MITIGATION Authorized staff, by Minute Motion, to purchase traffic signal poles for the First Street, Yorba Street, and Irvine Boulevard improvement project by material bid. 6. SANTA ANA VALLEY IRRIGATION CO. (SAVI) QUITCLAIM OF EASEMENT Authorized the Mayor to execute a quitclaim deed to Clan Properties, a general partnership, for a SAVI easement at 14841 Yorba Street. 7. RESOLUTION NO. 89-173 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RATIFYING THE CITY OF SAN JUAN CAPISTRANO'S REQUEST FOR MEMBERSHIP IN THE SANTA ANA RIVER FLOOD PROTECTION AGENCY Adopted Resolution No. 89-173 ratifying the City of San Juan Capistrano's request for membership in the Santa Ana River Flood Protection Agency. 8. COOPERATIVE AGREEMENT NO. 089-239 WITH THE COUNTY OF ORANGE TO PROVIDE FOR THE SLURRY SEAL OF VARIOUS STREETS Authorized the Mayor and City Clerk to execute the subject agreement. 9. RESOLUTION NO. 89-174 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF -TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PARCEL MAP 88-350, RECREATIONAL VEHICLE STORAGE LOT SOUTH OF I-5 AND WEST OF TUSTIN RANCH ROAD AT THE TERMINUS OF RAINTREE ROAD Adopted Resolution No. 89-174 approving plans and specifications for subject project and directing the City Clerk to advertise for bids. 10. TENTATIVE TRACT MAP 13788 (WESTERN NATIONAL PROPERTIES) RESOLUTION NO. 89-166 - 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 13788 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Approved the Environmental Determination for the project by adoption of Resolution No. 89-166; and RESOLUTION NO. 89-167 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 13788 Approved Tentative Tract Map 13788, as recommended by the Planning Commission, by adoption of Resolution No. 89-167. 11. REJECTION OF CLAIM NO. 89-29~ CLAIMANT-COLONIAL PENN INSURANCE CO. (KRUG), DATE OF LOSS-4/28/89, DATE FILED WITH CITY-8/2/89 Rejected subject claim for damages in the amount of $1,618.68. CITY COUNCIL MINUTES Page 4, 11-20-89 12. RE~ECTION OF CLAIM NO. 89-28; CLAIMaNT-DORA KRUG, DaTE OF L088- 4/28/89, DATE FILED WITH CITY-7/13/89 Rejected subject claim for damages in the amount of $3,723.13. 13. RESOLUTION NO. 89-175 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR WATER MAIN RELOCATION ON MC FADDEN AVENUE ACROSS RTE. 55 FREEWAY OVERPASS Adopted Resolution No. 89-175 accepting said work and authorizing the recordation of the Notice of Completion. 14. RESOLUTION NO. 89-170 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING FINAL TRACT MAP NO. 13796 Adopted Resolution No. 89-170 approving Vesting Final Tract Map No. 13796. 15. VESTING TENTATIVE TRACT MAP 13735 (REGIS CONTRACTORS) RESOLUTION NO. 89-168 - 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 13735 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Approved the Environmental Determination for the project by adoption of Resolution No. 89-168; and RESOLUTION NO. 89-169 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 13735 Approved Vesting Tentative Tract Map 13735, as recommended by the Planning Commission, by adoption of Resolution No. 89-169. 16. RESOLUTION NO. 89-155 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VARIANCE 89-09, A REQUEST TO TEMPORARILY REDUCE THE REQUIRED PARKING FROM 389 SPACES TO 357 SPACES TO ACCOMMODATE CERTAIN PHASE I TENANT IMPROVEMENTS AT 2631 MICHELLE DRIVE IN THE PC-IND DISTRICT Adopted Resolution No. 89-155 conditionally approving Temporary Variance 89-09, as submitted or revised in accordance with direction received at the November 6, 1989 City Council meeting. 17. RESOLUTION NO. 89-164A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING A CITY MANAGER EMPLOYMENT CONTRACT AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE Adopted Resolution No. 89-164A approving the City Manager Employment Contract. 18. CITY CODE CITATION PROCEDURE Authorized Tustin City Code citations be sent directly to the District Attorney's Office for review and prosecution. CONSENT CALENDAR NO. I - APPROVAL OF MINUTES, NOVEMBER 6, 1989 Mayor Pro Tem Edgar requested the Minutes be corrected as follows: Under Following Closed Session statement, the Minutes should reflect action taken by the City Council to approve the Joint Powers Agreement between the Cities of Santa Ana and Tustin. Mayor Kennedy requested the Minutes be corrected as follows: Under New Business No. 1, Refund of Fees for L.P. Repertory Company, the Minutes should reflect the reason for granting waiver of fees. It was moved by Edgar, seconded by Kennedy, to approve the Minutes of November 6, 1989, with the above corrections. The motion carried 3-0, Kelly and Prescott absent. CITY COUNCIL MINUTES Page 5, 11-20-89 --VII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 1033 - NEWSRACK~ REGULATION Mayor Kennedy explained briefly each Ordinance under consideration by the Council: Ordinance No. 583, currently in effect (Exhibit A); Ordinance No. 1033, introduced at the October 16, 1989 City Council meeting (Exhibit B); and Ordinance No. 1033, introduced at the November 6, 1989 City Council meeting (Exhibit C). It was moved by Edgar, seconded by Hoesterey, that Ordinance No. 1033, Exhibit B, have first reading by title only. The motion carried 3-0, Kelly and Prescott absent. Following first reading by title only of Ordinance No. 1033, Exhibit B, by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 1033, Exhibit B, be introduced as follows: ORDINANCE NO. 1033 (EXNIBIT B) -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE REGARDING THE REGULATION OF NEWSRACKS The motion carried 3-0, Kelly and Prescott absent. 2. ORDI1TANCE NO. 1039 - REORGANIZATION OF THE CITY COUNCIL It was moved by Edaar. seconded by Hoesterey, to table the following Ordinance No. 1039: ORDINANCE NO. 1039 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COUNCIL REORGANIZATION The motion carried 3-0, Kelly and Prescott absent. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1032 - CHANGING OF ELECTION DATE FROM NOVEMBER TO APRIL It was moved by Edgar, seconded by Hoesterey, that Ordinance No. 1032 have second reading by title only. The motion carried 3-0, Kelly and Prescott absent. Following second reading by title only of Ordinance No. 1032 by the City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 1032 be passed and adopted as follows: ORDINANCE NO. 1032 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING ORDINANCE NO. 980WHICHREQUIRED 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 The motion carried 3-0, Kelly and Prescott absent (Roll call vote) . 2. ORDINANCE NO. 1034 - PERMITTED LOCATION OF SWIMMING POOL, SPA AND HOT TUB EQUIPMENT It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 1034 have second reading by title only. The motion carried 3-0, Kelly and Prescott absent. Following second reading by title only of Ordinance No. 1034 by the City Clerk, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 1034 be passed and adopted as follows: 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 3-0, Kelly and Prescott absent (Roll call vote) . CITY COUNCIL MINUTES Page 6, 11-20-89 IX. 3. OItDI~CE NO. 1035 - ZONING CODE ~E~~ 89-01 (VOLVOTECH) It was moved by Edgar, seconded by Hoesterey, that Ordinance No. 1035 have second reading by title only. The motion carried 3-0, Kelly and Prescott absent. Following second reading by title only of Ordinance No. 1035 by the City Clerk, it was moved by Edgar, seconded by Hoesterey, that Ordinance No. 1035 be passed and adopted 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 3-0, Kelly and Prescott absent (Roll call vote) . OLD BUSINESS 1. STATUS REPORT - JOHN WAYNE AIRPORT NOISE HONITORING PROGRAM (JWA), COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAB), AIRPORT SITE COALITION (ABC) AND HELICOPTER OVERFLIGHT PROGRAM T&SX ~ORCE (HOPTF) Christine Shingleton, Director of Community Development, reported that the County Airport Commission, in reviewing the Phase 2 Access Plan, did not agree with the City's position that a maximum Single Event Noise Exposure Level be established at the M5 permanent noise monitoring station to mitigate potential noise impacts resulting from increased operations at JWA, and recommended approval of Phase 2 Access Plan to the Board of Supervisors, which was subsequently adopted. She viewed this as a major loss for the City relative to airpor~noise mitigation. Mayor Kennedy noted that Councilman Kelly, who was scheduled to attend the County Airport Commission's meeting, was not in attendance to voice the City's position. It was moved by Hoesterey, seconded by Edgar, to receive and file subject report. The motion carried 3-0, Kelly and Prescott absent. 2. GREEN VALLEY BUILDING SETBACKS See Page 2. 3. PUBLIC ALLEY ABANDOnS/VACATION See. Page 2. .4. REQUEST TO WAIVER FEES FOR USE PERMIT 89-40 (COLONIAL BIBLE SCHOOL) Christine Shingleton, Director of Community Development, reported this was a request from Mr. Kragenbrink to waive approximately $525.00 in Use Permit fees. Staff's primary concern was the precedent established by allowing a waiver of fees and noted the fees were used to self-support the operations of the department. She informed Council that staff was currently processing four additional Use Permits in the City for churches, all of which had paid their fees. The following member of the audience spoke in favor of waiving subject fees due to unusual circumstances involved in relocating Colonial Bible School: Kevin Kragenbrink, Pastor of Hope Christian Church Councilman Hoesterey said because hardship costs were incurred due to actions of another governmental body (Tustin Unified School District), it would be appropriate to waive these fees. CITY COUNCIL MINUTES Page 7, 11-20-89 Xo It was moved by Hoesterey, seconded by Kennedy, to waive the fees for use Permit 89-40 (Colonial Bible School). Mayor Kennedy noted it was not her intent to set a precedent of waiving fees for local churches but this was an unusual circumstance occurring when the school district cancelled the Colonial Bible School lease. The motion carried 3-0, Kelly and Prescott absent. 5. ON-STREET PARKING DURING STREET SWEEPING HOURS Mayor Pro Tem Edgar stated with a minimal cost the City could change restricted parking hours for street sweeping on residential streets from 6:00 a.m. - 12:00 noon to 9:00 a.m. - 1:00 p.m. This shortened 4-hour time period initiated during a time when most residents had left for work would reduce restricted parking problems. The estimated cost for the existing program was $94,000, the cost for the proposed change in hours was approximately $110,000. It was moved by Edgar, seconded by Kennedy, that staff change the restricted, parking hours in residential areas for street sweeping to 9:00 a.m. - 1:00 p.m. with increased cost of change noted. Mayor Kennedy clarified that the estimated cost increase would only apply if 10% of the residential streets remained restricted parking and if additional areas opted for restricted parking, the cost would increase. She commended staff for an excellent resolution to a problem submitted to the City Council by a resident. The motion carried 3-0, Kelly and Prescott absent. 6. REQUEST FOR WAIVER OF BOULEVARD/NEWPORT AVENUE STREET DEDICATION - IRVINE See Page 2. NEW BUSINESS 1. REORGANIZATION OF THE CITY COUNCIL Councilman Hoesterey commended Mayor Kennedy for excellent service during her mayorship and he had requested this item be placed on the agenda to conduct reorganization of the Council. Councilman Hoesterey nominated Mayor Pro Tem ~Edgar for the position of Mayor.. It was moved by Hoesterey, seconded by Kennedy, that the nominations be closed. The motion carried 3-0, Kelly and Prescott absent. The Council cast their votes on the appointment of Richard Edgar as Mayor. The results were 3-0, Kelly and Prescott absent. Mayor Kennedy thanked the business and residential communities for the support she received during her exciting year as Mayor. Mayor Edgar was seated at the mayoral position on the dais and thanked his fellow Councilmembers for their vote of confidence. He said he looked forward to the challenging months ahead and the Council, using common sense and logic, would consider issues one at a time. He recognized that some issues may not pass but hoped those would be minimal since the ultimate goal was to serve the City. Councilman Hoesterey nominated Ursula Kennedy for the position of Mayor Pro Tem. CITY COUNCIL MINUTES Page 8, 11-20-89 It was moved by Hoestere¥, seconded by Edgar, that the nominations be closed. The motion carried 3-0, Kelly and Prescott absent. The Council cast their votes on the appointment of Ursula Kennedy as Mayor Pro Tem. The results were 3-0, Kelly and Prescott absent. Mayor Edgar announced a reception would be held following the meeting and invited everyone to attend. 2. COUNCIL I~ETING SCHEDULE Mayor Pro Tem Kennedy stated unfortunately both elected bodies in the City met on the same night and staff had informed the Council of two time periods in which the City Council meetings could make the transition from 1st and 3rd Mondays to 2nd and 4th Mondays allowing the public to attend both City Council and Board of Education meetings. It was moved by Kennedy, seconded by Edgar, that the City Council change their meeting dates to the second and fourth Mondays of each month effective April, 1990, and directed staff to determine the specific date. Councilman Hoesterey said it would enable more participation in both political processes within the City. The motion carried 3-0, Kelly and Prescott absent. 3. ~W~RD OF BID FOR ~UTO CENTER DR~VE STREET IMPROVENENTS It was moved by Hoesterey, seconded by Kennedy, to award the contract for Auto Center Drive Street Improvement/Storm Drain Extension to Sully-Miller Contracting Co. of Orange in'the amount of $353,700.60. The motion carried 3-0, Kelly and Prescott absent. 4. COMPLAINT FROM MR. NICHOLAS REGARDING WESTERN BAGEL The following member of the audience addressed the City Council regarding excessive noise from Western Bagel and submitted his suggestions for solving the problem: Robert Nicholas, P.O. Box 415, Tustin Mayor Edgar noted that Western Bagel was in Compliance with all City Code requirements. Councilman Hoesterey suggested that Mr. Nicholas' suggestions be forwarded to Western Bagel for possible implementation. It was moved by Hoesterey, seconded by Kennedy, to receive and file subject report and submit Mr. Nicholas' suggestions for noise abatement to Western Bagel for consideration. Christine Shingleton, Director of Community Development, clarified that from staff's perspective there were no violations of City ordinances and staff would communicate that fact to Western Bagel. She noted that Western Bagel had been very cooperative and had made voluntary changes. Staff was willing to document violations and had contacted Mr. Nicholas regarding the placement of noise monitoring equipment at his residence, but had received no response. Until such time as violations were documented, staff would not require Western Bagel to take corrective action. She noted that the President of Western Bagel had received harassing telephone calls during early morning hours. The motion carried 3-0, Kelly and Prescott absent. CITY COUNCIL MINUTES Page 9, 11-20-89 5. DECEMBER L8, L989 CITY COUNCIL MEETING Mayor Edgar noted that the City Council had taken action on November 6, 1989, to. cancel the December 18, 1989 City Council meeting and three Councilmembers would be attending the League of California Cities conference during that time. It was moved by Kennedy, seconded by Edgar, to table this matter. The motion carried 3-0, Kelly and Prescott absent. . 6. PUBLIC CONCERNS It was moved by Kennedy, seconded by Hoesterey, to receive and file subject report. The motion carried 3-0, Kelly and Prescott absent. 7. PUBLIC NOTICES OF MATTERS TO BE CONSIDERED BY THE CITY COUNCIL It was moved by Hoesterey. seconded by Edgar, to receive and file subject report. The motion carried 3-0, Kelly and Prescott absent. 8. PROPOSED REFERENDUMORDINANCE TO PRESCRIBE NOVEMBER ELECTION DATE FOR COUNCILMEMBERS It was moved by Hoesterey, seconded by Edgar, to table this matter. A brief Council discussion followed regarding the positive and negative aspects of an advisory vote on this item. The motion carried 3-0, Kelly and Prescott absent. 9. APRIL 1990 ELECTION It was moved by Hoesterey, seconded by Kennedy, to adopt the following Resolution Nos. 89-176, 89-177 and 89-178: RESOLUTION NO. 89-176 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 10, 1990, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIARELATING TO GENERAL LAW CITIES RESOLUTION NO. 89-177 - A RESOLUTION OF THE CITY COUNCIL OF THE' CITY OF TUSTIN, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 10, 1990 RESOLUTION NO. 89-178 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION. The motion carried 3-0, Kelly and Prescott absent. 10. PROBLEM RESOLUTION CENTER Councilman Hoesterey stated Berklee Maughan had harassed his family during the past weekend and he feared the use of similar tactics if the Problem Resolution Center was enacted. He believed it was in the best interest of the City to continue using the current administrative policies/procedures for solving problems and the introduction .Of another level of bureaucracy would hinder residents from receiving expeditious assistance from the City Council or Planning Commission. CITY COUNCIL MINUTES Page 10, 11-20-89 XI. It was moved by Hoesterey, seconded by Edgar, to deny Berklee Maughan's request to establish a Problem Resolution Center. The following member of the audience spoke in favor of establishing a Problem Resolution Center: Berklee Maughan, 14331 Green Valley, Tustin Mayor Pro Tem Kennedy noted the existence of committees such as the Planning Commission, Parks and Recreation Commission, Audit Committee and Senior Center Fund Raising Committee, which had structured and clearly defined duties; City departmental procedures for solving problems; and the entire City staff had been given public relations training. She felt that a person or group not empowered by State law or City ordinance involved in the affairs of others, taking upon themselves an undercover police investigatory mode and intimidating City staff was not needed. If any member of the public felt mistreated by the City staff, the public had direct access to the City Council. Mayor Edgar noted Mr. Maughan's newspaper quote saying the City Council did not do their "homework" and he personally resented that statement recognizing the considerable hours he spent insuring that issues were clearly understood. He viewed the creation of a Problem Resolution Center as giving a group of non-elected people the authority to demand additional staff time and he restated that residents who felt they were treated improperly could speak directly the City Council. The following member of the audience spok~ in opposition to the establishment of a Problem Resolution Center: Zipora Shifberg-Mencher, 16282 Main Street, Tustin Mayor Pro Tem Kennedy suggested it may be advisable for those processing projects through the system to request early opinions from a non-binding advisory subcommittee. As an amendment to the motion, staff was directed to investigate the use of a non-binding advisory subcommittee. The motion carried 3-0, Kelly and Prescott absent. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - NOVEMBER 13, 1989 It was moved by Kennedy, seconded by Hoesterey to ratify the Planning Commission Action Agenda of November 13, 1989. The motion carried 3-0, Kelly and Prescott absent. BROADCASTING OF CITY COUNCIL MEETINGS It was moved by Hoestere¥, seconded by Kennedy to receive and file subject report. Mayor Pro Tem Kennedy requested citizens who were experiencing interruption of the Council meetings to call or mail their concerns to the Council. The motion carried 3-0, Kelly and Prescott absent. 3. EMERGENCY SERVICES PREPAREDNESS PLAN It was moved by Hoesterey, seconded by Edqar to receive and file subject report. The motion carried 3-0, Kelly and Prescott absent. 4. UTILITY UNDERGROUND DISTRICT STATUS REPORT It was moved by Hoesterey, seconded by Edgar to receive and file subject report. CITY COUNCIL MINUTES Page 11, 11-20-89 The moti~ carried 3-0, Kelly and Pz ~ott absent. 5. FILLIN(~ VAC~CY ON THE CITY COUNCIL It was moved by Kennedy, seconded by Edqar, to receive and file subject report. The motion carried 3-0, Kelly and Prescott absent. XII. PUBLIC INPUT L. PROBLEH RESOLUTION CENTER Kevin Kragenbrink, representing Hope Christian Church, applauded the Council's decision regarding Problem Resolution Center and commended staff for their supportive problem solving. FAREWELL COI4NENDATIONS TO COUNCI~ HOESTEREY Marge Kasalek, 2352 Caper Tree, Tustin, commended Councilman Hoesterey for his dedicated service to the community and commitment to his family during his 10 years as a Councilmember. Margarete Thompson, 2251 Barberry Road, Tustin, commended Councilman Hoesterey for his integrity and support of the Tustin Area Senior Center. Dorothy Hoesterey, 14861 Braeburn Road, Tustin, noted the sacrifices Councilman Hoesterey and his family had made moving to Orange and was proud of his conduct as a Councilmember. Ken Hoesterey, 14861 Braeburn Road, Tustin, congratulated his son, Councilman Hoesterey, on his conduct and achievements during his tenure as a City Councilmember. CONDUCT OF COUNCIL~.EF, BERS A1 Shifberg-M~ncher,' 16282 Main St. #3B, Tustin, encouraged the remaining Councilmembers to continue functioning responsibly and effectively. 4. CABLE BROADCAST INTERRUPTION Denise Yaru, General Manager of Community Cablevision, gave a telephone number (721-6222) for residents to call if broadcasts of Council meetings were interrupted. XIII. OTHER BUSINESS COUNCILMAN HOESTEREY RESIGN8 AS COUNCILM. E14BER Councilman Hoesterey gave an emotional farewell speech stating he approached the position with a sense of what he could do to make the community a better place to live. He felt successful working as a team member with a body of Councilmembers and with one of the best staffs in the State. He felt gratified helping Tustin become a community that others looked upon as desirable. He stated he realized the real heroes were his family and priorities had to be put in order: God, family and work. His position as a Councilmember afforded him many friends, numerous positive growing experiences and he thanked everyone for their support. Mayor Pro Tem Kennedy described Councilman Hoesterey as a gentleman, a brilliant comedian and businessman, a thinking man, a family man, a religious man, and he would be missed by the City. Mayor Edgar expressed that Councilman Hoesterey's dedication to family, church and ten years on the Council was a tremendous commitment. He stated Councilman Hoesterey could look with pride upon his accomplishments, particularly his support of the Senior Center. Councilman Hoesterey additionally represented Tustin in other areas of the County and had served admirably. CITY COUNCIL MINUTES Page 12, 11-20-89 XIV. ~. ~,W~d~D TO ~,UREL HOUSE Mayor Edgar announced that Laurel House had received a $2,000 award for its' contributions to the community. 3. I~YOR EDG~R~ S PLEDGE AS I~YOR Mayor Edgar stated that he would no% at%end any meeting or address an issue with prejudice, expected assistance and advice from everyone, and was optimistic that issues facing the Council could be resolved. 4. APPOINTMENT OF FIFTH COUNCILMEMBER Mayor Pro Tem Kennedy requested the appointment of a fifth Councilmember be agendized at the December 4, 1989 Council meeting. Council concurred. CLOSED SESSION - None At 9:00 p.m., the meeting was adjourned. I~YOR CITY CLERK