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HomeMy WebLinkAboutCC MINUTES 1988 09 06MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA SEPTEMBER 6, 1988 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Hoesterey at 7:02 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Scoutmaster Brad Pickett and the Invocation was given by Mayor Hoesterey. II. ROLL CALL Councilpersons Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar John Kelly Earl J. Prescott Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Dir. of Comm. Development Steven Foster, Police Captain Robert Ledendecker, Director of Public Works Royleen White, Dir, of Comm. & Adm. Services Ronald A. Nault, Finance Director Valerie Whiteman, Deputy City Clerk Susan Jones, Recreation Superintendent Boy Scout Troop #656 Approximately 70 in the audience } F III. PROCLAMATION - "NATIONAL D.A.R.E. DAY", SEPTEMBER 15, 1988 (DRUG ABUSE I RESISTANCE EDUCATION) Mayor Hoesterey read and presented proclamations to Bob Jodice and Mike Cervantes, representing Kentucky Fried Chicken; Nancy Diaz -Miller, representing the Tustin Unified School District; and Captain Steven Foster and Officer Mark Zimmerman, representing the Tustin Police Department. Captain Foster displayed a D.A.R.E. flag that will be flown over City Hall and the Tustin Unified School District Office on September 15, 1988. He expressed the Police Department's appreciation for the support received from the Council, the community, and the school district. Nancy Diaz -Miller thanked Kentucky Fried Chicken for their sponsorship and the Tustin Police Department for assisting in the education of children. Mayor Hoesterey related his positive, personal experience with the 84 D.A.R.E. program through his son's participation at Nelson School. IV. PUBLIC INPUT 1. STREET LIGHTING AND INCREASED POLICE PATROL AT BROOKSHIRE AND HOLLYHOCK INTERSECTION Jeri Beres, 1692 Brookshire, Tustin, submitted a petition requesting a street light on the west side of Hollyhock Avenue and expressed concerns which included damage to property and automobiles. She also requested stop sign enforcement and increased police patrol to reduce speeding on Brookshire and Hollyhock. Mayor Hoesterey directed the Engineering and Police Departments to investigate these concerns and submit a report to the Council. CITY COUNCIL MINUTES Page 2, 9-6-88 Councilman Edgar stated his concerns regarding speeding on residential streets and the need to research various solutions. V. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item No. 4 removed by Councilman Kelly, Item No. 10 removed by Councilman Prescott, and Item No. 13 removed by Mayor Pro Tem Kennedy. It was moved by Kelly, seconded by Hoesterey, to approve the remainder of theon e Calendar. The motion carried 5-0. 1. APPROVED MINUTES - AUGUST 15, 1988, REGULAR MEETING 2. APPROVED DEMANDS IN THE AMOUNT OF $1,732,374.13 RATIFIED PAYROLL IN THE AMOUNT OF $175,727.80 50 3. DENNIS WILLIAMS V. CITY OF TUSTIN, CLAIM NO. 88-26 Rejected claimant's Application to File a Late Claim as recommended by the City Attorney. 40 5. RESOLUTION NO. 88-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF ARROYO AVENUE WATER MAIN REPLACEMENT BETWEEN SKYLINE AND LA LOMA Adopted Resolution No. 88-99 approving the plans and specifications for subject project and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. 86B 6. EQUIPMENT PURCHASE REQUEST Authorized solicitation of proposals for the purchase of replacement and new equipment authorized in the 1988-89 Fiscal Budget as recommended by the Public Works Department/Field Services Division. 86 7. RESOLUTION NO. 88-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (WALNUT STREET, ORANGE STREET, PROSPECT AVENUE, AND LOCKWOOD PLACE WATER MAIN IMPROVEMENTS) Adopted Resolution 88-100 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 86B 8. RESOLUTION NO. 88-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION, FEDERAL AID PROJECT HES-OOOS(241), TRAFFIC SIGNAL MODIFICATION AT VARIOUS LOCATIONS Adopted Resolution 88-101 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 86B 9. GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR ELECTRIC SERVICE TO THE NITRATE TREATMENT PLANT Approved a grant of easement to the Southern California Edison Conpany for electric service to the nitrate treatment plant and authorized the Mayor and City Clerk to execute the easement as recommended by the Public Works Department/Engineering Division. 104 11. RESOLUTION NO. 88-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 87-412 Approved Final Parcel Map 87-412 by the adoption of Resolution No. 88-96 as recommended by the Community Development 9 Department. 12. CONSULTANT AGREEMENT FOR JAMBOREE ROAD CONSTRUCTION SURVEYING Authorized the execution of a consultant agreement with Hunsaker and Associates for the construction surveying services along Jamboree Road between Tustin Ranch Road and Chapman Avenue, subject to final approval by the City Attorney, as recommended by the Public Works Department/Engineering Division. 45 CITY COUNCIL MIN;ITES Page 3, 9-6-88 14. COMMUNICATIONS MAINTENANCE AGREEMENT Authorized the execution of said agreement with the County of Orange as recommended by the Police Department. Consent Calendar Item No. 4 - Resolution No. 88-94: Councilman Kelly questioned staff concerns regarding the addition of a tennis court and a petition signed by area residents. Royleen White, Director of Administrative and Community Services, stated there had been a petition from a homeowners group requesting a lighted tennis court. Staff met with the group and explained this site was for a passive, small park and not well-suited for a lighted tennis court. The group was informed that a very large community park was scheduled north of Irvine Blvd. where tennis courts would be appropriate. The residents were satisfied with this information. It was moved by Kennedy, seconded by Kelly, to adopt the following: RESOLUTION NO. 88-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF TUSTIN RANCH NEIGHBORHOOD PARK TRACT NO. 12345 The motion carried 5-0. Consent Calendar Item No. 10 - TAC -1 Request Councilman Prescott asked that all homes of senior citizens in Tustin be provided with smoke detectors. He wanted to advertise that smoke detectors were available to all senior citizens and to supply smoke detectors upon request through TAC -1 or the Fire Department. Helen Edgar, TAC -1 representative, stated that after the mobile home project was completed, TAC -1 would be canvassing the Old Town Tustin neighborhood to install smoke detectors in the homes of senior citizens. Mayor Hoesterey suggested that TAC -1 inform the City when they would be prepared to make smoke detectors available to all senior citizens. Helen Edgar agreed to have TAC -1 identify how this program could be implemented for all senior citizens and submit their recommendations to the Council. It was moved by Edgar, seconded b Hoestere , to create a new line item in the -89 Non-UepartmentalBudget and appropriate $2,000 for the purpose of maintaining the TAC -1 community service effort for senior adults in Tustin as recommended by the Administrative Services Department. The motion carried 5-0. Consent Calendar Item No. 13 - Resolution No. 88-98 Mayor Pro 7em Kennedy was concerned as to why there were so many changes afterthe tentative map approval, the reasons for the changes, what were the problems in modifying or eliminating interior lot lines, and would thechanges in the entertainment phase still reflect what the Council and citizens had requested. Christine Shingleton, Director of Community Development, responded that the reason for the proposed amendment was to consolidate the number of lots and additional lots were not being created. The original intent was to have individual land leases on each tenancy. As the project progressed, it became apparent that the project could be done without long-term land leases on individual tenancies at a significantly reduced construction cost. The changes do not effect the exterior appearance of the project. There has also been continual refinement of the entertainment phase because of the "fast tracked" timing. To accommodate individual tenants, the project had moved rapidly for a project of its size, almost 800,000 sq. ft. of retail space. As the project progresses, there will be modifications including design review and color selections. CITY COUNCIL MINUTES Page 4, 9-6-88 Mayor Pro Tem Kennedy asked how staff time spent on these changes was being recovered. Christine Shingleton indicated there was a cost accounting fee system for any modifications and fees were collected to cover staff costs. Mayor Hoesterey asked if the changes could result in a different Entertainment Village than was originally proposed. Christine Shingleton responded in the negative and said the new lot configurations closely reflect the proposed building pads. The changes only eliminate interior lot lines and provide increased flexibility in construction and design. It was moved by Kennedy, seconded by Edgar, to adopt the following: RESOLUTION NO. 88-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENTS TO VESTING TENTATIVE TRACT NO. 13274, FOR THE TUSTIN MARKET PLACE The motion carried 5-0. VI. ORDINANCES FOR INTRODUCTION - None VII. ORDINANCES FOR ADOPTION - None VIII. OLD BUSINESS 1. STATUS REPORT - JWA/CRAS/ASC Christine Shingleton, Director of Community Development, reported that the Orange County Airport Department had begun their monitoring program and staff had provided Council with a list of monitoring locations. Staff is also evaluating Mr. Badham's proposal and that, along with the current report being prepared by the FAA, will be available sometime in late December. The City will then have a 45 -day review period to comment on the information. After further discussion concerning the logistics of Mr. Badham's proposal and locations of the noise monitoring locations, Mayor Hoesterey suggested that a map be provided at the next meeting indicating the monitoring location sites. Councilman Kelly was not comfortable with the lack of action taken by the Council over the last two years regarding the airport. He wanted to pursue active litigation, as the City of Newport Beach had done. He stated the City had spent thousands of dollars battling the Bullet Train, but had taken no action against the airport's intrusive and deteriorating effect on the community. It was moved by Kelly, seconded by Prescott, that the City acquire Noise Monitoring equipment and place it at the City's discretion. Mayor Pro Tem Kennedy said she a later date but at this time currently in progress. would be supportive of the motion at wanted to wait and review the study Councilman Prescott stated he did not want to move forward without the support of the data that would be provided in the study. Councilman Edgar said if the City was to be effective in their litigation, then appropriate data clearly showing noncompliance by the airlines was needed. Mayor Hoesterey, commenting on expenditures against the Bullet Train, stated in that case there was a violation of state law regarding the environmental impact studies. This was the legal basis for filing the necessary documents in court and for successfully prevailing in that case. Pursuing litigation against the airport at this time was premature. CITY COUNCIL MINUTES Paye 5, 9-6-88 The motion failed 1-4, Hoesterey, Kennedy, Edgar and Prescott opposed. 101 2. RESOLUTION NO. 88-97, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $81,400,000 CITY OF TUSTIN ASSESSMENT DISTRICT NO. 86-2 LIMITED OBLIGATION IMPROVEMENT BONDS AND OTHER RELATED MATTERS Ronald Nault, Director of Finance, stated that Resolution No. 88-97 was the final process in the issuance of $81,400,000 worth of bonds to build infrastructure capital improvements in Assessment District No. 86-2. Mayor Pro Tem Kennedy was concerned for new residents who would be burdened with the expense of these assessments. A substantial amount of the $81,400,000 would be for the building of Jamboree Road. Because Jamboree Road is not completely within the City, she asked staff for an explantion on the recovery of costs. Robert Ledendecker, Director of Public Works, indicated that one of the projects within Assessment District No. 86-2 was the Jamboree Road project from Irvine Blvd. to Chapman Avenue in Orange. The area built within the City of Tustin will be assessed to properties within city limits. All of the assessments for Jamboree Road within the City and County of Orange will be paid for by residents of those areas. Gary Dysart, of Willdan Associates, reaffirmed that the properties in the County of Orange and the City of Orange will pay their share of the costs for Jamboree Road. He further explained the procedure of how the assessment costs are levied and paid. William Huston, City Manager, clarified that agreements between the City of Tustin and the City and County of Orange states that Tustin will administer Assessment District No. 86-2 and City of Orange and County residents will reimburse the District for all costs. He also commented that new residents purchasing homes are fully aware of all assessment charges. Councilman Edgar said he found it distasteful that in expending large sums of money for needed road improvements, flood control, etc., the Council was making a commitment that few people in the community or newspaper reporters understood. The Council is then vulnerable to criticism for budget increases. Additionally, he felt it unfair that many who would use Jamboree Road would not contribute financially to its creation or maintenance. Steve Coma, of Merrill Lynch, responded to Mayor Pro Tem Kennedy's questions regarding interest rates. It was moved by Edgar, seconded by Prescott, to adopt the following: RESOLUTION NO. 88-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $81,400,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF TUSTIN ASSESSMENT DISTRICT NO. 86-2 LIMITED OBLIGATION IMPROVEMENT BONDS AND AUTHORIZING CERTAIN OTHER RELATED MATTERS The motion carried 5-0. 25 3. TUSTIN RANCH DISCOUNT GOLF COURSE FEES It was moved by Kennedy, seconded by Edgar, to receive and file subject report. Councilman Kelly commented it was not sensible when govern- ment attempted to receive discount green fees on a high density golf course. The motion carried 5-0. 81 CITY COUNCIL MINUTES Paye 6, 9-5-88 4. DENSITY BONUS POLICY It was moved by Edgar, seconded, b Hoesterey, to receive and file subject report. The motion carried 81 5. CULTURAL RESOURCES ADVISORY COMMITTEE It was moved by Kennedy, seconded by Hoesterey, to continue this item to the meeting of September 19, 1988. The motion carried 3-0 ,1 Kelly and Prescott abstained. 6. APPOINTMENT OF PLANNING COMMISSIONER Mayor Hoesterey stated that the Council had conducted interviews for the Planning Commission vacancy at 5:00 p.m. that day and the candidates under consideration were Dennis E. Pedersen, Edmund F. Shaheen, Edward M. Tansey, Sr. and H. Porter Wynn. The Mayor then instructed the Council on the procedure to be used for balloting. Mayor Pro Tem Kennedy suggested that the appointment of the Commissioner be continued for one month so additional candidates can apply. She felt the advertisement period had not been long enough and additional time was needed for this important position. It was moved by Kennedy, seconded by Prescott to continue this appointment for one month. Councilman Prescott was convinced that the word had been distributed and four very qualified applicants had applied. Councilman Edgar felt leaving the vacancy open another month did not serve any purpose. Mayor Hoesterey noted that traditionally after an election the Council had renominated the Commissioners. Therefore, this individual would only serve for a period of approximately 3 months. He wanted to proceed with the understanding that the entire Planning Commission would be reviewed for service sometime in December. The motion failed 1-4, Hoesterey, Edgar, Kelly and Prescott opposed. The Council then voted and the results were tabulated by the City Clerk. The results of the tabulation were as follows: Hoesterey: Shaheen Kennedy: Pedersen Edgar: Shaheen Kelly: Shaheen Prescott: Shaheen Mr. Edmund Shaheen (4 votes) was appointed as the Planning Commissioner. Council concurred to send a letter from the Mayor to all unsuccessful candidates noting their qualifications and thanking them for their participation. 80 IX. NEW BUSINESS 1. REQUEST FOR TREE REMOVALS Councilman Edgar wanted to confirm that the request made by Mr. Saltarelli had been addressed in this item. With an affirmation from staff, it was moved by Edgar, seconded by Kennedy, to approve the following staff recommendations: CITY COUNCIL MINUTES Page 7, 9-6-88 Recommendation: Approve tree removals at the following locations: 17362 Amaganset, 14312 Heatherfield, 148 Mt. View, 1692 Heather, 14641 Dartmouth (at property owner's expense), 14631 Dartmouth (at property owner's expense), 14651 Dartmouth (at property owner's expense), 2322 Figtree, 17382 Vinewood, 17391 Parker, 1751 Lance, 17472 Parker, 17372 Roseleaf, 14702 Brookline, 2321 Figtree, 17432 Parker, 14651 Mimosa, 17621 Amaganset, 2342 Anatree, 14022 Woodlawn, and 1782 Lance as recommended by the Public Works Department/Field Services Division. Recommendation: Deny property owners' requests for tree removal at the following locations: 1761 Andrews, 1781 Andrews, 1782 Andrews, 1792 Andrews, 1801 Andrews, 1802 Andrews, 13622 Falmouth and 13732 Falmouth as recommended by the Public Works Department/Field Services Division. Mayor Hoesterey was concerned with Carrotwood trees being replaced with other Carrotwood trees. He did not feel it was advisable because of root damage and berry droppings and thought that Magnolia trees would be easier to maintain. He suggested that items concerning replacement with Carrotwood trees be deferred until the next agenda. Councilman Edgar amended his motion to include the deferment of Carrotwood tree replacements. Robert Ledendecker, Director of Public Works, said it had been determined several months ago that Carrotwood tree replacements in the Peppertree area would be Magnolia trees. There was one location in the current report that had a specific recommendation for replacement with a Carrotwood tree. All other locations could be replaced with a Magnolia tree, but staff would check with the property owner to verify if there was a desire to have another Carrotwood tree. Staff will then return with a report on the one location. Councilman Edgar's second amendment to the motion included replace- ment of Carrotwood trees with Magnolia trees. The motion carried 5-0. 86 2. AWARD OF CONTRACT FOR STREET RECONSTRUCTION IMPROVEMENTS ON GREEN VALLEY, UTT DRIVE, AND PUBLIC ALLEY SOUTH OF BONITA STREET It was moved by Edgar, seconded by Kennedy, to award contract for subject project to Sully Miller Contracting Co. in the amount of $200,150.80, and allocate $35,500.00 from the Water Fund Enterprises account to cover cost of required water main improvements on Green Valley Drive as recommended by the Public Works Department/Engineering Division. The motion carried 5-0. 3. AUTHORIZE PURCHASE OF KITCHEN EQUIPMENT - TUSTIN AREA SENIOR CENTER It was moved by Kennedy, seconded by Edgar, to authorize the purchase of kitchen equipment for the Tustin Area Senior Center in the amount of $24,694.88 from Tobias Design, Inc., of Fullerton. The motion carried 5-0. 41 4. AUTHORIZE PURCHASE OF DONOR RECOGNITION/FOUNDERS' WALL AND DEDICATION PLAQUES - TUSTIN AREA SENIOR CENTER It was moved by Kennedy, seconded by Edgar, to authorize the purchase of two bronze cast plaques for the Tustin Area Senior Center in the amount of $3,263.02 from La Haye Bronze, Inc., of Corona. The motion carried 5-0. 41 CITY COUNCIL MiNjT'S Paye 13, 9-5-83 5. TEN PERCENT REDUCTION OF WATER SURCHARGE FEE Mayor Pro Tem Kennedy asked if there was a policy prohibiting the addition of agenda items after noon on the Wednesday prior to a Council meeting. William Huston, City Manager, responded that internal staff reports were due by that time but requests by Councilmembers were honored at anytime. He did not believe there was a policy regarding timelines for requests by Councilmembers. Councilman Prescott reported that when the City purchased the Tustin Water Works the rates were no longer subject to the scrutiny of the Public Utilities Commission. He wanted to argue a case for the "rate payer". He thought the fixed charge should be reduced so the revenue to the Water Works was sufficient only to meet the cash flow requirement. The revenue is now excessive of that requirement and the City is prepaying their bonds. This was advantageous to the health of the Water Works; but, as a quasi Public Utility Commission, the City should have considerations other than the financial health of the Water Works. The City should also consider the burden put on rate payers. It was moved by Prescott, seconded by Kennedy, to immediately reduce the Water Works fixed charge by 10% percent and study further reductions. Councilman Edgar felt that some of Councilman Prescott's comments were not precise. When the Water Works was originally purchased, his rational for approval was the existence of an antiquated water system and the need for renovation. In the antiquated system there were miles of 2" and 3" pipe. If there had been a serious fire, there could have been a tragedy because the pipes could not accommodate the water flow. The Water Works rate had not been increased in approximately 4 years. There has been a meeting scheduled in November, after the election, to reanalyze the rates. There had also been a significant debt, incurred when the water company borrowed money to pay creditors, that had now been considerably reduced. He was unwilling to reduce the fixed charge without a careful review of cash flow projections for the next 2-3 years. Mayor Hoesterey said that to reduce the reserves at this time could jeopardize the maturity of the 1990 bonds. Additionally, the general fund had loaned the Water Works almost $500,000, which has to be repaid. When the rates were established, it was with the understanding that when the cash flow allowed the City would reduce the fees. By prepaying the bonds, the City has saved the rate payers an estimated $400,000 in accumulated interest. The water rates have not been increased for approximately three years and the City has been able to continue the capital improvement program, maintain the water rates, and reduce the acquired debt. The City should not be in a position of being unable to meet the required obligations in 1990. Mayor Pro Tem Kennedy stated that when the Council was in a budget session, it had agreed that a meeting would be held in the fall to review the condition of the Water Works. She realized the pressures of election time, but thought that plan should be followed. Councilmembers are elected officials and want to reduce fees whenever possible; and did it once, less than three years ago. The Council is interested in the motion, but at this time, without making sure the general fund does not suffer or having to borrow money, she did not want to reduce the fees. Staff will prepare carefully for the workshop and Council will review the matter in the calm climate of non -election time. Councilman Kelly commented that everytime there was a suggestion of a rate reduction, it was always termed as being politically motivated and campaigning. He took great offense to it and requested the Mayor refrain from doing so. CITY COUNCIL MINUTES Page 9, 9-6-88 The motion failed 2-3, Hoesterey, Kennedy and Edgar opposed. It was moved by Kennedy, seconded by Edgar, to agendize this matter for the meeting already scheduled in the fall, where the item can be discussed in a non -election environment. As a substitute motion, Councilman Prescott requested that the City have at its service a paid public advocate, a person trained in arguing rate cases for rate payers. Mayor Pro Tem Kennedy said she could not support that addition to the motion because she believed each Councilmember was a paid public advocate. Councilman Edgar's interpretation was there would be a clearly defined timeline for the accumulation of funds and the repayment of debt. The fall meeting will include the debt surcharge and an understanding of the rates. The motion carried 5-0. X. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - AUGUST 29, 1988 It was moved by Kennedy, seconded by Edgar to ratify the Planning Commission Action Agenda of August 29, 1988. The motion carried 5-0. 70 2. INVESTMENT SCHEDULE AS OF JULY 31, 1988 It was moved by Kennedy, seconded by Edgar, to receive and file the investment schedule as of July 31, 1988. The motion carried 5-0. 50 3. TRAFFIC SIGNAL MODIFICATION AT WALNUT AVENUE AND CHERRYWOOD LANE It was moved by Kennedy, seconded by Edgar, to receive and file subject report. The motion carried 5-0. 94 4. ON -STREET PARKING ON FIRST STREET It was moved by Kennedy, seconded by Edgar to confirm that the southerly side of First Street, westerly of Centennial Way was the desired location for additional on -street parking and receive and file subject report. The motion carried 5-0. 74 5. SANTA CLARA AVENUE TRAFFIC CONCERN It was moved by Edgar, seconded by Kennedy, to receive and file subject report. The motion carried 5-0. 100 6. SEVENTEENTH STREET TRAFFIC CONCERNS, RTE. 55 FREEWAY TO YORBA STREET (NORTH) It was moved by Kennedy, seconded by Edgar, to receive and file subject report. The motion carried 5-0. 100 7. CLARIFICATION REGARDING SHARED HOUSING PROGRAM It was moved by Kennedy, seconded by Edgar, to receive and file subject report. The motion carried 5-0. 41 XI. OTHER BUSINESS 1. REPORT NO. 7 - CLARIFICATION REGARDING SHARED HOUSING PROGRAM Councilman Kelly requested to return to this item. His concern was the effect shared housing would have on existing zoning regulations. CITY COUNCIL MINUTES Nage 10, 9-6-88 Royleen White, Director of Administrative and Community Services, responded that homes participating in shared housing are not in violation of zoning codes. Christine Shingleton, Director of Community Development, reaffirmed that this shared housing would not be inconsistant with City zoning requirements or State planning and zoning laws. 2. POLICE LIEUTENANT'S REMARKS IN THE LOS ANGELES TIMES Mayor Pro Tem Kennedy was happy to note that the City's Police Lieutenant on duty was quoted in the Los Angeles Times saying that while many cities suffered hardships, crime and problems, he described Tustin as a city in perfect condition. 3. TRAFFIC ANALYSIS AT THE INTERSECTION OF BRYAN AND FARMINGTON Councilman Edgar asked that traffic movement at Farmington and Bryan be analyzed to determine if a traffic signal was warranted. 4. JOINT SESSION WITH THE PARKS AND RECREATION COMMISSION Councilman Edgar requested having a joint session with the Parks and Recreation Commission sometime in November to review common goals. 5. FINANCIAL ASSISTANCE FOR THE BOYS AND GIRLS CLUB OF TUSTIN Councilman Edgar thought it was critical to acknowlege the service that the Boys and Girls Club provided to the community and he wanted to agendize for September 19, 1988, a discussion of available options to financially support, through City funds, the Boys and Girls Club of Tustin. 6. ACCIDENT ON PROSPECT AVENUE Councilman Prescott reported on a traffic accident that occurred in front of his office on Prospect Avenue involving a truck hitting a tree. He questioned who was liable and the City Attorney will report back. 7. REPORT ON DRUNK PATROL Mayor Hoesterey asked for a report on the Drunk Patrol program. This is the Police Department's very successful program involving the location of intoxicated drivers and has resulted in decreased traffic accidents by as much as 50 percent. XII. CLOSED SESSION Mayor Hoesterey announced that the City Council would recess to the following: Closed Session of the City Council pursuant to the authority of Government Code Section 54956.8 to confer with the City Manager and City Attorney and give instructions to the City's negotiator regarding negotiations with James Matt Nisson and Peggy Nisson concerning acquisition of a portion of the real property at Red Hill Avenue and Walnut Avenue for additional street right-of-way. Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with the City Manager and City Attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is North Tustin Homeowners Corporation, et al. v. City of Tustin, Nos. 53-29-58 and 53-32-27, Orange County Superior Court. CITY COUNCIL MINJTES Paye 11, 9-6-88 XIII. ADJOURNMENT At 9:07 p.m., it was moved by Edgar, seconded by Hoesterey, to recess to the Redevelopment Agency, then to the above Closed Session, then to a Special Meeting on Monday, September 12, 1988, at 6:00 p.m., at the McCharles House with the Tustin Unified School District Board of Education, and then to the next Regular Meeting on Monday, September 19, 1988, at 7:00 p.m. The motion carried 5-0. MAYOR I I Y CLER