HomeMy WebLinkAboutCC MINUTES 1990 03 19I.
MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
MARCH 19, 1990
CALL TO ORDER/PLEDGE OF
The meeting was called to order by Mayor Edgar at 7:00 p.m. in the
City Council Chambers, 300 Centennial Way. The Pledge of Allegiance
was led by Darren Foster, Ramsey Miller, Michael Rinehart, Scott
Wilson and Ian Wise of the Mojave Tribe/Redhill Nation Indian Guides.
INVOCATION
The Invocation was given by Alan Waterson, Pastor of Aldersgate
United Methodist Church.
III. ROLL CALL
I tip
VI.
Council Present: Richard B. Edgar, Mayor
Ursula E. Kennedy, Mayor Pro Tem
John Kelly
Earl J. Prescott
(Council position vacant)
Council Absent: None
Others Present: William A. Huston, City Manager
James G. Rourke, City Attorney
Mary E. Wynn, City Clerk
Christine Shingleton, Dir./Community Development
Steve Foster, Police Captain
Robert Ledendecker, Director of Public Works
Ronald A. Nault, Finance Director
Royleen White, Dir./Community & Admin. Services
Susan Jones, Recreation Superintendent
Valerie Whiteman, Acting Chief Deputy City Clerk
Approximately 80 in the audience
- CALTRANS I-5 FREEWAY WIDENING PUBLIC STATUS REPORT
Barry Rabbit, Caltrans Deputy Director, District No. 12, gave a
status report on the following: second phase of rebuilding the Santa
Ana/Costa Mesa Freeways (I-5/SR-55) Interchange; removal and
rebuilding of the First and Fourth Street bridges over the I-5/SR-
55; surface street traffic management during construction; Caltrans
informational brochure available to the public; and reconstruction
of the I-5/22/57 Freeways Interchange.
Brent Felker, Caltrans Construction Division, responded to Mayor
Edgar's concerns regarding the Red Hill Avenue/Tustin Ranch
Road/Newport Avenue construction and stated the major impact of the
project would be the temporary reduction of Red Hill Avenue to one
lane in each direction for 1 to 1-1/2 years.
Council/Caltrans question -and -answer period followed regarding:
staggered schedule of construction on Red Hill and Newport Avenues;
delay of projects due to state-wide earthquake retrofit program;
funding; availability of construction schedules/closures to public;
sound walls; and advance "signing" to warn public of upcoming road
closures.
PUBLIC HEARING - None
PUBLIC INPUT
1. OPPOSITION TO DIAMOND LANES
Carole Bryant, 15500 Tustin Village Way #100, Tustin, spoke in
opposition to diamond lanes and questioned the constitutionality
of Orange County Transportation Commission/Orange County Transit
District "one man -one vote" law.
Larry Koenig spoke in opposition to diamond lanes.
CITY COUNCIL MINUTES
Page 2, 3-19-90
2. CITY EMERGENCY PREPAREDNESS PLAN/TUSTIN UNIFIED SCHOOL DISTRICT
INVOLVEMENT
Robert Machado, 1352 Mauna Loa Road, Tustin, questioned why
Council meetings were not held on Tuesdays and requested that
the Tustin Unified School District be involved in the City's
emergency preparedness plan.
William Huston, City Manager, responded that a group of key
people were currently working on the City's Disaster Preparedness
Plan on a recurring basis, including two employees assigned on
a full-time basis. The City was in the process of upgrading the
Plan and the school district would certainly be an important part
of the Plan. He noted that aggressive steps had been taken for
a "desk top" simulation, comprehensive employee training and
community outreach programs; and the City would coordinate with
everyone that should be involved.
Mayor Pro Tem Kennedy suggested the Mayor write a letter to the
Tustin Unified School District Board of Education requesting
identification of their City disaster preparedness liaison.
Council concurred.
3. TUSTIN TODAY NEWSPAPER
Mark Petracca,- 19471 Sierra Rutan, Irvine, spoke in opposition
to the Irvine Company-owned Tustin Today newspaper.
4. TREE TRIMMINGS/REMOVALS TO ACCOMMODATE RELOCATION OF HISTORICAL
HOME
Jeff Thompson, 405 West 6th Street, Tustin, requested Council
approve various tree trimmings and removals to accommodate the
moving of his historical residence from First Street to Sixth
Street.
William Huston, City Manager, noted that the City Attorney had
been requested to review the legality of expending City funds for
such a request.
Following Council/speaker discussion, staff was directed to
agendize their recommendations for Council action.
Andy Anderson, 255 West 6th Street, Tustin, spoke in opposition
to proposed tree trimming/removals to accommodate relocation of
the Thompson's historical residence.
Richard Vining, 400 West Main, Tustin, requested additional
information be agendized regarding the relocation of the Thompson
residence.
Jean Thompson, 2291 Boxwood Place, Tustin, invited everyone to
attend a "moving Thompson residence party" on April 3rd at
midnight and noted the Thompsons had distributed flyers to
neighbors announcing the relocation.
5. TRAFFIC USING TUSTIN MEADOWS AS "CUT THRU"
Steve Johnson, 1852 Pennington Avenue, Tustin, reported the
northwest portion of Tustin Meadows was being used as a "cut
thru" by motorists avoiding the Walnut/Red Hill intersection and
suggested the use of "no turn" traffic signs to eliminate the
problem. Council concurred to agendize the matter.
6. I-5 FREEWAY WIDENING
Richard Vining, 400 West Main, Tustin, spoke regarding traffic
control methods that would be used during the I-5 freeway
widening.
7. ALLEGED ABUSE OF MUTLI-FAMILY/SINGLE RESIDENCE - SOUTH TUSTIN
Gregg Lynch, 14692 Cheshire Place, Tustin, reported abuse of
CITY COUNCIL MINUTES
Page 3, 3-19-90
multi -families in single residences in the south portion of the
City and requested assistance in controlling the number of
persons allowed per dwelling. Council concurred to agendize the
matter.
VIZ. CONSENT CALENDAR
Item No. 1 and No. 8 were removed from the Consent Calendar by
Councilman Kelly. It was moved by Kennedy, seconded by Edgar, to
.-. approve the remainder of the Consent Calendar. The motion carried
4-0.
2. APPROVED DEMANDS IN THE AMOUNT OF $2,548,193.57 50
RATIFIED PAYROLL IN THE AMOUNT OF $237,425.85
3. AGREEMENT FOR DESIGN OF NEIGHBORHOOD PARK TRACT 12763
Approved agreement for park design services with Cardoza,
Dilallo, Harrington, Inc. of Costa Mesa, which includes
design, plans, specifications and bid documents for a three
acre neighborhood park in the Tustin Ranch. The cost of
service is $44,250 which includes construction management.
45
4. REJECTION OF CLAIM NO. 90-04; CLAIMANT-MARYANN O'BRIEN, DATE OF
LOSS -1/4/90, DATE FILED WITH CITY -2/8/90
Rejected subject claim for property damage in the amount of
$849.32. 40
S. REJECTION OF CLAIM NO. 90-02; CLAIMANT -CHARLOTTE EVANS, DATE OF
LOSS -11/23/891 DATE FILED WITH CITY -1/18/90
Rejected subject claim for property damage in the amount of I
$750.00. 40
6. AWARD OF BID - REPLACEMENT OF CLIMBING STRUCTURE FOR CENTENNIAL
PARK, SAND LOT #2
Awarded the contract for subject park improvements to Hanson
Associates, Inc. of Orange in the amount of $12,916.80 and
appropriated an additional $920.00 to complete the project.
7. FOURTH OF JULY FIREWORKS 77
Authorized the City Manager to sign an agreement, in the
amount of $8,000 with Pyro-Spectaculars, Inc., to provide a
pyro-music show for the Annual Fourth of July celebration.
45
9. RESOLUTION NO. 90-38 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, REGARDING THE ORANGE COUNTY - CITY
HAZARDOUS MATERIAL EMERGENCY RESPONSE AUTHORITY AND ASSIGNING
CERTAIN RECOVERY RIGHTS TO SAID AUTHORITY
Adopted Resolution No. 90-38 assigning the Orange County -City
Hazardous Material Emergency Response Authority the right to
claim against any person or entity responsible for any
hazardous material emergency to which a provider agency has
responded, and to also attempt to recover any costs born by
the City of Tustin on its behalf. 102
10. AWARD OF CONTRACT FOR CONSULTANT SERVICES - WATER STORAGE
FACILITY NEEDS
Authorized the Mayor to execute a professional services
agreement with the firm of Daniel Boyle Engineering, Inc. to
perform the evaluation of the City's existing water storage
facilities and determine the ultimate and optimum storage
needs for the system for the fee of $33,900.00. A
supplemental 1989-90 budget appropriation was authorized in
the Water Service budget in the amount of $36,000.00. 45
11. AWARD OF CONTRACT FOR SIDEWALK AND CURB AND GUTTER REPAIR
PROJECT, 1989-90 FISCAL YEAR
Awarded the contract for the subject project to B-1 Enterprise
Corporation in the amount of $87,465.19. 86B
12. CALTRANS UTILITY AGREEMENT N0. 12004, WATER MAIN RELOCATION
Approved and authorized the Mayor and City Clerk to execute
subject agreement. 45
CITY COUNCIL MINUTES
Page 4, 3-19-90
13. RESOLUTION NO. 90-39 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE
AND/OR PEDESTRIAN FACILITY FUNDS UNDER SB 821
Adopted Resolution No. 90-39 approving the application for
Bicycle and/or Pedestrian Facility funds under SB 821.
86
14. RESOLUTION NO. 90-40'-<A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR ASPHALTIC
CONCRETE OVERLAY ON EAST TUSTIN STREETS —
Adopted Resolution No. 90-40 accepting works of improvement
and authorized recordation of notice of completion for
asphaltic concrete overlay on East Tustin streets. 86B
15. EAST ORANGE COUNTY WATER DISTRICT PIPELINE RELOCATION - JAMBOREE
ROAD
Authorized the Mayor to execute the dual obligee rider to the
three-year maintenance bond as it pertains to the relocation
of the East Orange County Water District 27" SAC inlet line
and 24" treatment plant outline line. 107
16. TUSTIN/SANTA ANA WATER SYSTEM INTERTIE AGREEMENT
Approved and authorized the Mayor and City Clerk to execute
subject agreement. 45
17. REQUEST FOR TREE REMOVALS
Approved requests for tree removals at the following
locations: 17461 Parker Drive, 14161 Raleigh Place and 14802
Foxcroft; and denied request for tree removal at the following
location: 14661 Berkshire. 86
18. SECURITY LIGHTING AT MAGNOLIA TREE PARK
(1) Received and filed the "Evaluation of Existing Security
Lighting at Magnolia Tree Park", (2) Authorized agreement with
RWR/Pascoe Electrical Engineering for lighting plans and —
specifications for Magnolia Tree Park and (3) Deferred
appropriation of funds for installation of the lights until
the 1990-91 budget is reviewed by the City Council. 44/77
19. AWARD OF CONTRACT FOR WATER MAIN RELOCATION ON FIRST STREET AND
SR 55 FREEWAY
Awarded the contract for subject project to Golem Construction
Company of Compton, California, in the amount of $99,840.50.
86B
CONSENT CALENDAR NO. 1 - APPROVAL OF MINUTES - MARCH 51 1990, REGULAR
MEETING
Councilman Kelly requested the Minutes reflect an explanation of the
cancellation of the Special Council meeting of March 9, 1990, and he
questioned why there appeared to have been a Closed Session meeting.
without Councilmen Kelly or Prescott in attendance.
Mayor Edgar explained that the City Clerk's notation was not part of
the Minutes but an explanatory note and the notation could be deleted
from the Minutes. He stated an explanation of what occurred
regarding the cancellation of the March 9, 1990 Special Meeting would
be discussed later in the meeting.
It was moved by Kennedy, seconded by Edgar, to approve Item No. 1 of
the Consent Calendar with deletion of the City Clerk notation.
The motion carried 4-0.
CONSENT CALENDAR NO. 8 - ADOPTION OF RESOLUTION NO. 90-37 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS, AND PAPERS IN
THE POSSESSION OF THE FINANCE DEPARTMENT OF THE CITY OF TUSTIN NO
LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS PURSUANT TO THE
AUTHORITY GRANTED BY SECTIONS 34090, 34090.5 AND 34090.7 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA
Councilman Kelly questioned Ron Nault, Finance Director, regarding
the size of the records to be destroyed and stated he felt the
records did not cause a storage problem.
CITY COUNCIL MINUTES
Page 5, 3-19-90
Ron Nault explained the records were computer printouts from the
Tustin Water Works. The City, at that time, was operating a dual
system and the items requesting to be destroyed were redundant and
no longer needed because the City had copies.
William Huston, City Manager, added that the Resolution was standard
and used by other departments. The records served no purpose and
used needed storage space.
Councilman Kelly said he wanted to review the records in question K
before he approved the Resolution. 3,
It was moved by Prescott, seconded by Edgar, to continue Item No. 8
of the Consent Calendar.
VIII.
A—, IX.
X.
The motion carried 3-1, Kennedy opposed.
FOR INTRODUCTION
1. ORDINANCE NO. 1044 - BINGO GAMES
50
It was moved by Prescott, seconded by Edgar, that Ordinance No.
1044 have first reading by title only. The motion carried 4-0.
Following first reading by title only of Ordinance No. 1044 by
the City Clerk, it was moved by Kennedy, seconded by Edgar, that
Ordinance No. 1044 be introduced as follows:
ORDINANCE NO. 1044 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING PARAGRAPHS B AND C OF SECTION
3242 AND PARAGRAPH L OF SECTION 3244 OF THE TUSTIN CITY CODE
PERTAINING TO THE LICENSING OF BINGO GAMES
The motion carried 4-0.
ORDINANCES FOR ADOPTION - None
OLD BUSINESS
m
1. STATUS REPORT - JOHN WAYNE AIRPORT NOISE MONITORING PROGRAM
(JWA)r 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
staff had attended a meeting on March 15, 1990, with the County
Airport Land Use Commission to discuss high rise development on
navigational aids and would submit a report of that meeting to
the Council on April 2, 1990.
Mayor Pro Tem Kennedy noted that Kathy Weil, CRAS representative,
encouraged Council attendance at the April 4, 1990, CRAS Annual
meeting regarding joint use of E1 Toro Marine Base. She
suggested that JWA liaison, Rod MacLeod, be included. Council
concurred.
Christine Shingleton felt it was important to have as many
Councilmembers as possible in attendance to demonstrate their
full strength in opposition to the joint/commercial use of E1
Toro.
After Council discussion, it was determined that Mayor Pro Tem
Kennedy and Councilman Prescott would also attend the CRAS
meeting.
It was moved by Kennedy, seconded by Prescott, to receive and
file subject report.
The motion carried 4-0.
2. AIRCRAFT NOISE MONITORING SYSTEM
101
Steve Rubin, Associate Planner, gave a staff report reviewing
operational noise monitoring systems at five airports and
programs/strategies utilized by other impacted cities. He
CITY COUNCIL MINUTES
Page 6, 3-19-90
reviewed available equipment and/or systems and costs associated
with each. He stated the City's most cost effective approach
would be to continue as it presently operates, which was using
staff and citizen appointees as "watchdogs" on John Wayne Airport
issues and utilizing consultants for noise monitoring on an as -
needed basis. As an alternative the Council could direct staff
to investigate the purchase of either permanent or portable noise
monitoring equipment.
Councilman Kelly stated until there was a five -member Council,
the "watch dog" technique would bethebest solution.
Mayor Pro Tem Kennedy stated she wanted to remain with the
current system and suggested expanding the consultant contract
to include the monitoring of helicopter noise.
Mayor Edgar stated a concern of Tustin residents was the
magnitude of helicopter noise and there was a need for the City
to establish a data base to properly critique helicopter
operations.
Councilman Prescott suggested tabling the report until there was
a fifth member on the Council.
Council discussion followed regarding terms of the consultant's
contract.
It was moved by Prescott, seconded by Edgar, to receive and file
subject report.
The motion carried 4-0. 101
RI. NEW BUSINESS
1. TERMS OF MEMBERS OF THE PARKS AND RECREATION COMMISSION
It was moved by Kennedy, seconded by Edgar, to advertise for
Parks and Recreation Commission vacancies.
Following a brief Council discussion, as a substitute motion. it
.roc mnvoA by RAAa cPnnnrlPA by Prescott. to table this item
until after the April 10th election.
The substitute motion carried 4-0. 76
2. ORAL REPORT BY LINDA ANDREWS - TILLER DAYS
Linda Andrews, Chairperson, Tiller Days Committee, reported that
the committee had never requested more than $6,000 in City
support during the last ten years. She stated the plan for this
year's festivities were to return to a "home town" flavor and
promote local non-profit organizations. She said one of the
greatest expenses was having animals due to the insurance
liability; the committee proposed eliminating animals this year
except for the children's petting zoo and have more children's
carnival rides from a company contracted with in the past. She
requested City financial support in the amount of $6,000.
It was moved by Kennedy, seconded by Edgar, to financially
support Tustin Tiller Days in the amount of $6,000 and to support
the committee's recommendations.
The motion carried 4-0. 41
3. REQUEST FOR STREET LIGHTING - SYCAMORE AVENUE EASTERLY OF
CANTERBURY AVENUE
Robert Ledendecker, Director of Public Works, reported the Tustin
Meadows Community Association had requested installation street
lighting along Sycamore Avenue between Canterbury Avenue and the
abandoned railroad right-of-way lying adjacent to and easterly
of the Tustin Meadows development. He stated the project would
not require additional budget appropriation.
CITY COUNCIL MINUTES
Page 7, 3-19-90
Councilman Prescott stated the cul-de-sac would be the most
expensively maintained one in Tustin and suggested an alternative
would be to abandon the street and allow houses to be built on
that site.
Robert Ledendecker responded that the street could not be
abandoned to the homeowners' association as a group, it.would
have to be abandoned to the ten adjacent property owners. ,
.... Council/staff discussion followed regarding abandonment and
receiving input from the homeowners' associations.
It was moved by Kennedy, seconded by Prescott, to continue this
item to allow input from the homeowners' associations.
The following members of the audience addressed the Council in
support of installing the street lighting and in opposition to
the opening of Sycamore Avenue:
Margaret Hope, 14572 Westfall Road, Tustin
Todd Ferguson, 14872 Alden Lane, Tustin
Shirley Ruff, 14761 Foxcroft Road, Tustin
As a substitute motion, it was moved by Kennedy, seconded by
Edgar, to authorize the installation of five street lights along
Sycamore Avenue between Canterbury Avenue and the abandoned
railroad right-of-way at an estimated cost of $17,800.00.
Councilman Prescott stated he would support the motion if staff
could submit a report addressing land development alternatives.
Mayor Pro Kennedy stated the safety and security issue needed
action now; opening of Sycamore Avenue would involve more time.
The substitute motion carried 4-0.
It was moved by Kennedy, seconded by Prescott, to direct staff
to study alternative land use with the homeowners' associations
including possible abandonment.
The motion carried 4-0. 63
4. COLUMBUS TUSTIN PARK PARKING LOT LIGHTING
It was moved by Kennedy, seconded by Kelly, to authorize the
installation of one 16,000 lumen high pressure sodium vapor
luminaire on the existing wood utility pole located on the
easterly side of Prospect Avenue between the two parking lot
ingress/egress driveways.
The motion carried 4-0. 77
5. APPEAL OF SUPERIOR COURT CASE NO. 61-72-39 (MARY WYNN VS CITY OF
TUSTIN
Councilman Prescott stated on February 19, 1990, he voted his
beliefs, which resulted in the filing of a lawsuit against
himself and Councilman Kelly. The judge refused to order
Councilmen Prescott and Kelly to vote in a certain manner and an
appeal was filed, costing the City considerable money. He
suggested, in the spirit of compromise and saving the taxpayers
an exorbitant legal bill, instructing the respective attorneys
to hold a settlement conference and end the controversy now.
It was moved by Prescott, seconded by Kelly, to direct all
attorneys to hold a settlement conference.
Mayor Edgar responded that he respected the fact that Councilman
Prescott did not vote for Ordinance No. 1032; nevertheless, as
a body, the Council adopted Ordinance No. 1032 and in the Mayor's
judgement that became the law of the City and he would work
diligently, carefully, and wisely to see that law fulfilled. A
settlement conference presumed there were items of negotiation,
CITY COUNCIL MINUTES
Page 8, 3-19-90
XII.
and holding the election on April 10th was not a negotiable item.
The City Clerk, with her own elected authority, was confronted
with following the law of California and took the necessary steps
to proceed with the election.
Mayor Pro Tem Kennedy stated this had been a very difficult time
for the Council. It was the City of Tustin that went forward
with the lawsuit in order for the City to protect its election.
The Council did not go into court as individuals, but went
forward because the City Clerk, in her effort to protect the City
election, was forced to do so. She felt -that the Council had to
follow through in order to protect the actions of the City Clerk
and protect the April 10th election for the City. It had been
a deeply disturbing time for everyone to participate in
activities as individuals that had been so disruptive and harmful
to the City.
James Rourke, City Attorney, stated it would be inappropriate for
the Council to take any action at this point in time. If
Councilmen Kelly and Prescott wished not to oppose the action
being sought in court, they had that option. Anything less than
that, would not be appropriate.
Council discussion followed regarding: initiation of the
lawsuit, parties responsible for the lawsuit and validity of
Ordinance No. 1032.
The motion died 2-2, Edgar and Kennedy opposed.
REPORTS
1. PLANNING COMMISSION ACTION AGENDA - MARCH 121 1990
EE
It was moved by Kennedy, seconded by Edgar, to ratify the
Planning Commission Action Agenda of March 12, 1990.
The motion carried 4-0.
m
2. APPROVAL OF MEMORANDUM OF UNDERSTANDING AND REIMBURSEMENT
AGREEMENT REGARDING CONSTRUCTION OF A FIRE FACILITY AND PURCHASE
OF A NEW ENGINE PUMPER TO SERVE TUSTIN
It was moved by Kennedy, seconded by Prescott, to authorize the
City Manager to (1) Execute the Memorandum of Understanding
regarding the development of a fire protection facility in East
Tustin, subject to final City Attorney approval and (2) Execute
the Reimbursement Agreement for the Irvine Company assuring
Project Management responsibilities for construction of the fire
protection facilities, subject to final City Attorney approval.
The motion carried 4-0.
45
3. EXTENSION OF MISSION BELL THEME ALONG EL CAMINO REAL BETWEEN
NEWPORT AVENUE AND JAMBOREE ROAD
It was moved by Prescott, seconded by Kelly, to receive and file
subject report.
The motion carried 4-0. 86
4. FOLLOW-UP ITEM/TUSTIN EAST DRIVE BANNERS
It was moved by Kennedy, seconded by Edgar, to receive and file
subject report.
The motion carried 4-0.
5. INVOCATIONS
93
It was moved by Edgar, seconded by Prescott, to adopt the
following Resolution:
CITY COUNCIL MINUTES
Page 9, 3-19-90
RESOLUTION NO. 90-41 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, REGARDING INVOCATIONS AT THE OPENING
OF CITY COUNCIL MEETINGS
The following members of the audience spoke in support of
Resolution No. 90-41:
Rev. McCready Johnston, 11211 Red Hill, Tustin
Rev. Wiley S. Drake
Nova Pack
Rev. Reese M. Riley, 2313 E. Avalon Avenue, Santa Ana
The following members of the audience spoke regarding their
individual views of the controversy surrounding invocations at
Council meetings:
Jack Miller, 17352 Parker Drive, Tustin
Gregg Lynch, 14692 Cheshire Place, Tustin
Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin
(One unidentified speaker)
Mayor Edgar stated it was reaffirming and reassuring that the
Resolution was a result of a meeting he held with clergy
representatives and City Attorney, James Rourke. He stated the
controversy had not been an unfortunate experience; he felt when
there was dialogue on important matters to all citizens, positive
aspects could result.
Councilman Prescott stated the press report in the Los Angeles
Times gave many people the impression that the City was going to
instruct ministers in Tustin not to say Jesus Christ, and he
believed the alarm had now been put to rest.
The motion carried 4-0. 38
%III. PUBLIC INPUT - NONE
%IV. OTHER BUSINESS
1. CANCELLATION OF MARCH 91 1990 SPECIAL COUNCIL MEETING
Mayor Edgar stated that at the March 9, 1990 court hearing, the
discussion related to whether or not Councilmen Prescott and
Kelly were to be mandated by the court to vote for Resolution No.
90-26. The court chose to deny that request and subsequent to
that denial, the City Clerk took action to proceed with the
election. Upon his arrival at City Hall, the direction by the
City Clerk had already taken place and the City Attorney, City
Manager, Mayor Pro Tem Kennedy and himself conversed regarding
the different elements of that action. He personally contacted
the newspaper reporters so they would have immediate awareness
of what had occurred. The court action that had taken place
removed the relevance of holding the Special City Council meeting
at 7:00 p.m., so he cancelled that meeting.
Mayor Pro Tem Kennedy explained that the City Clerk sued the
entire Council; Mayor Edgar and herself were defendants in the
action, but were cooperating defendants with the City. They
believed that the City election should go forward. She did call
and requested to meet with the City Manager and review what the
next step would be. She arrived at City Hall at approximately
5:05 p.m., the City Clerk and City Manager were present and the
City Clerk was taking the action to proceed with the election.
It was inaccurately reported by the Tustin News that the City
Clerk was not present.
Councilman Prescott said his only response was that if Mayor
Edgar and Mayor Pro Tem Kennedy had the good of Tustin in their
hearts, they would vote to enter into a settlement meeting and
prevent the wasting of taxpayer funds.
Councilman Kelly stated he was appalled that the City Attorney
did not know of the authority of the City Clerk to approve the
subject Resolution and had arranged for the largest law firm in
Orange County to sue the Council.
CITY COUNCIL MINUTES
Page 10, 3-19-90
James Rourke, City Attorney, responded that the Elections Code
was very complex and like most statutes that were codified in
California, there were sections upon sections that had been added
at different times over a hundred years. There were
inconsistencies and ambiguities. The main subject that was clear
was that the City Council had a duty to do what was requested of
it and, therefore, it was the obligation of the City to proceed
as far as the City could so that obligation was fulfilled. The
court had, in that kind of proceeding, complete discretion and
the judge's reason(s) for not granting that order were unknown
and could be any one of many possibilities. Upon that Court
decision, the next best thing was done. Namely, if the Council
could not be ordered at that time to do its duty then the City
Clerk had a number of duties that were prescribed in the
Elections Code. She did then what she, under her obligations,
must do. The Court of Appeal had suggested that, tentatively at
least, it also believed the City Clerk had that duty and could
proceed. Whether that would be the final position of the Court
of Appeals, was yet to be determined.
The following members of the audience addressed the Council with
different opinions and views regarding the election:
Gregg Lynch, 14092 Cheshire Place, Tustin
Alex Carrissi
Nova Pack
Council/speakers discussion followed.
2. HELICOPTER NOISE
Mayor Pro Tem Kennedy reported she had received a complaint
regarding considerable helicopter noise at midnight on March 14
and at 5:30 a.m. on March 15. She requested the Mayor send a
letter of inquiry.
3. PLANNING COMMISSION
IN SAN DIEGO
Mayor Pro Tem Kennedy wished the Planning Commission a successful
conference in San Diego.
4. ADJOURNMENT IN MEMORY OF CECIL MARKS
Councilman Prescott requested adjournment in memory of Cecil
Marks, a long time Tustin area resident who recently passed away.
5. BIASED REPORTING OF NEWSPAPERS TUSTIN TODAY AND TUSTIN NEWS
Councilman Prescott requested agendizing previous remarks made
during public input regarding biased reporting of Tustin Today
newspaper.
Mayor Pro Tem Kennedy requested biased reporting of Tustin News
be agendized.
XV. ADJOURNMENT
At 10:35 p.m., the meeting recessed to the Redevelopment Agency and
then adjourned in memory of Cecil Marks to the next Regular Meeting
on April 2, 1990, at 7:00 p.m.
MAYOR
L_
C Y CLERK