HomeMy WebLinkAboutCC MINUTES 1990 02 20MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
FEBRUARY 20, 1990
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE
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 Mayor Edgar.
.. II. INVOCATION
The Invocation was given by Elie Spitz, Rabbi of Congregational B'Nai
Israel.
III. ROLL CALL
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
W. Douglas Franks, Chief of Police
Royleen White, Dir./Community & Admin. Services
Dana Kasdan, Engineering Services Manager
Susan Jones, Recreation Superintendent
Judi Rowland, Recreation Supervisor
Valerie Whiteman, Acting Chief Deputy City Clerk
Approximately 20 in the audience
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IV. PRESENTATION - DONATION TO TUSTIN AREA SENIOR FUND, INC.
Judi Rowland, Recreation Supervisor, presented a check in the amount
of $1,671.50 from the City's proceeds of the 1989 Tiller Days 5-10K
Run to the Tustin Area Senior Center Fund.
Margarete Thompson, on behalf of the Tustin Area Senior Center,
thanked the athletes who participated in the 5-10K run and the
Community Services Department for the donation. 41
V. PROCLAMATIONS
1. CHAMBER OF COMMERCE POLICE OFFICER OF THE MONTH
Mayor Edgar read and presented proclamations to the 1989 Chamber
of Commerce Police Officers of the Month as follows: February,
John Hoffman; March, Tara Cyr; April, Terrie L. McLaughlin;
May, Paul Garaven; June, Joseph G. Stickles; July, Keith L.
Arrants; August, Michael R. Lozeau; September, William P. Fisher;
October, Delbert Pickney; and December, Ronald Frazier. Mayor
Edgar noted the following police officers also received a
proclamation but were unable to attend the meeting: January,
Andrew Higgins; and November, Deana Bergquist. Mayor Edgar
stated each of the officers were being recognized for service
above and beyond the call of duty to the community of Tustin. 84
2. CONGREGATION B'NAI ISRAEL - TENTH ANNIVERSARY
Mayor Edgar read and presented a proclamation congratulating
Tustin's only synagogue on its tenth anniversary to Elie Spitz,
Rabbi of Congregational B'Nai Israel; Susan Steinberg, President;
and Michael Schneider, Board of Directors Member and Head of New
Building Committee.
Susan Steinberg thanked the City for the recognition and support
over the past ten years. She stated they were looking forward
to providing the community with more facilities, programs and
activities as they grew in Tustin Ranch.
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Michael Schneider stated that working with the City, the Irvine
Company and the private sector over the past ten years had been
very rewarding. 84
VI. PUBLIC HEARINGS
1. RECOVERY OF CITY INCURRED COSTS OF THE ABATEMENT OF A PUBLIC
NUISANCE LOCATED AT 170 EL CAMINO REAL
Christine Shingleton, Director of Community Development, reported
that adoption of Resolution 89-25 declared the property located �.
at 170 E1 Camino Real a "public nuisance" and required
performance of certain work that included clearance of the
property and securing the structure. She stated that since the
work was not completed within thirty days, City staff had to
undertake the necessary work at City expense to maintain the
property and keep it secured. The cost incurred by the City due
to those actions was $3,725.43.
Mayor Edgar opened the Public Hearing at 7:15 p.m. There were
no speakers on the subject and the Public Hearing was closed.
It was moved by Kelly, seconded by Kennedy, to adopt the
following Resolution No. 90-20 approving a special assessment of
three thousand seven hundred twenty-five dollars and forty-three
cents ($3,725.43).
RESOLUTION NO. 90-20 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ASSESSING THE PROPERTY LOCATED AT
170 EL CAMINO REAL FOR THE COST INCURRED BY THE CITY FOR THE
ABATEMENT OF DANGEROUS BUILDINGS
The motion carried 4-0. 81
2. ANNEXATION 149 - NEWPORT AVENUE/WARREN TO THE CITY OF TUSTIN
Susan Tebo, Senior Planner, reported that the City was in the
final stages regarding Annexation No. 149, Newport Avenue/Warren
to the City of Tustin and that when finalizing proceedings for
an annexation the City Council was required to take the following
specific actions: (1) Open protest hearing, (2) Summarize the
determination made by LAFCO's Resolution No. 89-63, (3) Receive
and file written protests from property owners, (4) Accept public
testimony, (5) Inquire if anyone else wished to submit a written
protest or to withdraw a protest previously filed, (6) Close the
Public Hearing (or continue the Public Hearing to the next
meeting if the Council desires), (7) Direct staff to certify the
value of written protests on February 20th or report back at the
City Council's March 5, 1990 meeting, and (8) Either adopt
Resolution No. 90-25 approving Annexation 149 or direct staff to
return on March 5, 1990 with an appropriate resolution. She
additionally reported on the Annexation timelines during the
Local Agency Formation Commission (LAFCO) proceedings.
Mayor Edgar opened the Public Hearing at 7:18 p.m.
Susan Tebo continued her report noting that LAFCO determined that
the boundaries of the territory proposed to be annexed to the
City were specifically described and specifically subject
territory was found to be uninhabited and was assigned to the
short -form designation: Annexation No. 149; that LAFCO found
the City of Tustin was designated as the conducting authority and
the legislative body; and the City should be liable for and pay
all proper expenses incurred in conducting proceedings associated
with the annexation. She explained the subject annexation was
7.826 acres which included 6 residences, 2 vacant lots, and 8
office buildings and was within the City of Tustin's sphere of
influence.
The City Clerk stated a written protest had been received from
Joanne F. and E. Reese Allison.
It was moved by Kennedy, seconded by Prescott, to accept subject
written protest.
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The motion carried 4-0.
The following members of the audience spoke in opposition of
Annexation No. 149:
Nancy Hamilton, 18681 Eunice Place, Tustin
Bill Weber, 12747 Barry Lane, Tustin
Mayor Edgar acknowledged there were no other written protests to
r be presented or withdrawal of protests previously filed.
There were no other speakers on the subject and the Public
Hearing was closed at 7:30 p.m.
Mayor Edgar noted the action required by Council was not to
dialogue the merits but to certify whether or not adequate number
of written protests had been filed to stop the annexation.
Christine Shingleton, Director of Community Development, stated
the Council had the authority to order the territory annexed
because less than 50% of the property owners filed a protest.
It was moved by Prescott, seconded by Kelly, to adopt the
following Resolution No. 90-25 approving Annexation No. 149:
RESOLUTION NO. 90-25 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ORDERING TERRITORY DESIGNATED AS
"ANNEXATION 149 - NEWPORT/WARREN" BE ANNEXED TO THE CITY OF
TUSTIN
The motion carried 4-0. 24
XII. NEW BUSINESS (AGENDA ORDER)
7. INITIATION OF ZONE CHANGE PROCEDURES FOR ANNEXATION 149
Council concurred to take this item out of agenda order to
coincide with the adoption of Resolution No. 90-25.
Mayor Edgar stated the City had committed to rezoning the subject
area consistent with the North Tustin Specific Plan.
It was moved by Kennedy, seconded by Edgar, to instruct staff to
initiate zoning of Annexation No. 149 to maintain consistency
with the North Tustin Specific Plan.
Mayor Pro Tem Kennedy stated the Council was extremely concerned
about this property, because it did abut a residential area and
because of respect for the North Tustin Specific Plan, and had
publicly stated that the Council would respect and maintain the
existing overlay. She questioned if it could be matched exactly.
Christine Shingleton, Director of Community Development, stated
that the mechanism available was adoption of a Planned Community
zoning designation and then adoption of, by reference, the
development standards that were in the North Tustin Specific Plan
as it related to the site.
Mayor Edgar noted that during the interim period before final
approval for the rezoning, the land had a Conditional Use Permit.
In the Conditional Use Permit process, anything requested by a
developer would be subject to Public Hearings and anyone who had
concerns regarding specific development would be given the
opportunity to address the Planning Commission and the Council.
The motion carried 3-1, Prescott opposed. 24
5. AB 939 MANDATORY RECYCLING
Council concurred to take this item out of agenda order to
accommodate members of the audience.
Dana Kasdan, Engineering Services Manager, gave a staff report
regarding the process necessary to meet the mandatory recycling
requirements set by AB 939 that became law October 30, 1989,
which mandated a 25% reduction in solid waste to land fills by
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Page 4, 2-20-90
1995 and a 50% reduction by the year 2000. He stated staff did
not foresee any problems in meeting the mandated deadlines set
by the State.
The following members of the audience addressed the Council
regarding the benefits of recycling:
Margaret Henke, representing American Assoc. of Univ. Women
Carol Bailard, representing American Assoc. of Univ. Women
Todd Ferguson, 14872 Alder Lane, Tustin
Jim Potts, 2161 Marselina Street, Tustin
Mayor Pro Tem Kennedy noted she had attempted to initiate
recycling even before it was mandated by the State and had
received more phone calls and mail concerning recycling in the
last year than on any other subject. She stated it was
economically feasible to recycle because the cost of dumping was
escalating and she wanted the City to commit formally to a policy
of buying recycled goods to become part of the economics of
making recycling profitable; to set a beginning target date which
would include finding a pilot area in the City; and to
investigate the economic feasibility of cost to the residents or
the City sharing the cost with the residential community. She
felt the recycling program would be a three-step process and
wanted to start before the State mandated recycling deadline.
Mr. De Lacuesta, Great Western Reclamation representative,
informed the Council that his company was prepared to implement
a City program within three to four months.
Mayor Edgar stated he was in complete support but expressed
caution of proceeding too rapidly because the legislature was
currently in the process of creating new laws. He stated a 60 -
day time period would be adequate for staff to devise a plan
towards achieving recycling in Tustin.
It was moved by Kennedy, seconded by Prescott, to direct staff
to submit a plan for the City to purchase recycled products.
The motion carried 4-0.
It was moved by Kennedy, seconded by Edgar, for staff to submit
within 60 days a financial feasibility report after meeting with
Great Western Reclamation.
Councilman Prescott stated he wanted the City to bear all
additional recycling costs.
The original motion was amended, maker and second agreeable, that
the financial feasibility report state all funding options,
including the entire cost at City expense.
Council discussion followed regarding different aspects of a
pilot program.
The amended motion carried 4-0. 102
VII. PUBLIC INPUT
1. MEASURE M - REAPPEARANCE ON BALLOT
Carole Bryant, 15500 Tustin village Way, Tustin, expressed her
opposition to placing the sales tax increase on the ballot again
and requested the matter be agendized at the March 5, 1990
Council meeting. Council concurred.
2. ILLEGAL CONDUCT/MISUSE OF POWER BY COUNCILMEN KELLY AND PRESCOTT
Jack Miller, 17352 Parker Drive, Tustin, reported acts of
possible illegal conduct and misuse of power by Councilmen Kelly
and Prescott.
Alex Carrassi, 17961 Arbolada Way, Tustin, commended Councilmen
Kelly and Prescott for their aggressive actions.
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3. PROPOSED ONE-YEAR CONTRACT BETWEEN CITY AND TUSTIN POLICE
OFFICERS ASSOCIATION (TPOA)
Pat Welch and Robert La Barge, 300 Centennial Way, Tustin,
addressed the Council regarding the proposed one-year labor
contract between the Tustin Police Officers' Association and the
City.
Mayor Pro Tem Kennedy requested charges against the Council made
by Police Officers Welch and La Barge be agendized.
VIZI. CONSENT CALENDAR
Mayor Edgar requested the discussion pertaining to the Child
Development Program in the Minutes be corrected to reflect adoption
of Mayor Pro Tem Kennedy's substitute motion requesting subsidizing
of the part-time students and financially burdened parents.
Item No. 3 was removed from the Consent Calendar by Councilman Kelly.
It was moved by Kennedy, seconded by Edgar, to approve the remainder
of the Consent Calendar with the correction of Item No. 1. The
motion carried 4-0.
1. APPROVED MINUTES - FEBRUARY 5, 1990, REGULAR MEETING
2. APPROVED DEMANDS IN THE AMOUNT OF $2,177,478.16
RATIFIED PAYROLL IN THE AMOUNT OF $227,646.16 50
4. MID -YEAR REQUEST FOR NEW POSITION, WATER METER READING/CUSTOMER
SERVICE SUPERVISOR
Approved a new position in the Water Enterprise to be at the
same level as a Maintenance Supervisor but to be titled
Customer Service Supervisor and approved a supplemental
appropriation from the unappropriated reserves of the Water
Enterprise in the amount of $40,500 to fund this position for
the balance of the current fiscal year. 79
5. RESOLUTION NO. 90-32 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CERTAIN CITY RECORDS, DOCUMENTS AND PAPERS IN THE POSSESSION OF
THE POLICE 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
Adopted Resolution No. 90-32 allowing the destruction of
selected records, documents and papers as allowed by law.
82
6. RESOLUTION NO. 90-30 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, RELATING TO THE COMPENSATION OF PART-
TIME EMPLOYEES OF THE CITY OF TUSTIN
Adopted Resolution No. 90-30 adjusting part-time salaries.
79
7. RESOLUTION NO. 90-29 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE DESTRUCTION OF CERTAIN
RECORDS
Adopted Resolution No. 90-29 allowing for destruction of
applications and testing materials for recruitments which have
been closed for over two years. 79
8. 1990 L.P. REPERTORY AGREEMENT
Approved 1990 agreement with L.P. Repertory and authorized
staff to execute same. 45
9. RESOLUTION NO. 90-27 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, IMPLEMENTING AB 4680 REGARDING THE
MODEL FILMING PERMIT PROCESS
Approved the Model Filming Permit Process as submitted by the
California Film Commission and revised by the Community
Development Department by adoption of Resolution No. 90-27,
as submitted or revised. 81
10. AS 939 - COUNTYWIDE WASTE MANAGEMENT TASK FORCE
Approved designation of the Orange County Waste Management
Commission as the countywide task force required by AB 93986
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Page 6, 2-20-90
11. RESOLUTION NO. 90-33 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN
Adopted Resolution No. 90-33 amending the Classification Plan
of the City of Tustin to include the management position of
Resident Project Engineer; approved compensation of Resident
Project Engineer at $65.77 per hour; and authorized an annual
increase to equal the Consumer Price Index. 79
12. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT
NO. 13053
Accepted the public improvements within Tract No. 13053 and
authorized the release of the following bonds in the indicated
amounts: Faithful Performance Bond No. 1253 - $888,200.00;
Labor and Materials Bond No. 1253 - $444,100.00; and
Monumentation Bond No. 1254 - $18,000.00. 99
13. RESOLUTION NO. 90-34 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR MAIN STREET
RECONSTRUCTION - OCUTT PHASE III, PACIFIC STREET TO ROUTE 55
Adopted Resolution No. 90-34 accepting said work and
authorized the recordation of the Notice of Completion. 86B
14. RESOLUTION NO. 90-31 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, RELATING TO THE COMPENSATION OF
CONFIDENTIAL EMPLOYEES
Adopted Resolution No. 90-31 relating to the compensation of
Confidential employees. 79
15. AGREEMENT REGARDING ASSIGNMENT OF RIGHTS AND DELEGATION OF
OBLIGATIONS - LAURELWOOD R.V. STORAGE AREA RECONSTRUCTION
Approved and authorized the Mayor and City Clerk to execute
subject agreement. 45
CONSENT CALENDAR NO. 3 - RESOLUTION NO. 90-26 ESTABLISHING PRECINCTS,
POLLING PLACES, PRECINCT BOARD MEMBERS, AND COMPENSATIONS
Councilman Kelly stated that being consistent with his opposition of
moving the elections from November to April, he would vote against
adoption of the Resolution.
It was moved by Edgar, seconded by Kennedy, to adopt the following
Resolution No. 90-26:
RESOLUTION NO. 90-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING
PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR
THE GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 10, 1990, CALLED BY
RESOLUTION NO. 89-176 OF THE CITY COUNCIL
Councilman Prescott questioned the City Attorney as to what would
occur if the Resolution was not adopted.
James Rourke, City Attorney, responded that statutorily the Council
was required to adopt the Resolution and the statutory process could
not be interfered with unless there was opposition to a specific
procedural point.
Mayor Edgar noted that if the Council did not pass the Resolution,
the City would immediately be obliged to go to court. The court
could overrule the Council's decision and the City would incur the
court costs.
Councilman Prescott stated he consistently voted against moving the
election from November to April and to remain consistent with his
record, he would vote against the Resolution.
Council discussion followed regarding validity of the April election
and the use of persuasive Council power to initiate change.
Mayor Pro Tem Kennedy stated adopting the Resolution was a
"housekeeping" item and asked that professionalism prevail and the
Council move forward in an orderly way.
Further Council discussion followed regarding the changing of the
election date from November to April.
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Page 7, 2-20-90
The following members of the audience spoke in opposition to
Councilman Kelly's proposed action:
Carl Kasalek, 2352 Caper Tree, Tustin
Jack Miller, 17352 Parker Drive, Tustin
The following member of the audience spoke in support of Councilmen
Kelly's and Prescott's proposed action:
Alex Carrassi, 17961 Arbolada Way, Tustin
The motion died 2-2, Kelly and Prescott opposed. 48
RECESS - The meeting recessed at 8:35 p.m. and reconvened at 8:45 p.m.
IS. ORDINANCES FOR INTRODUCTION - NONE
S. ORDINANCES FOR ADOPTION - NONE
SI. OLD BUSINESS
1. STATUS REPORT - JOHN WAYNE AIRPORT NOISE MONITORING PROGRAM
(JWA)p COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAS)f
AIRPORT SITE COALITION (ASC) AND HELICOPTER OVERFLIGHT PROGRAM
TASK FORCE (HOPTF)
Christine Shingleton, Director of Community Development, stated
a report on the noise monitoring system and potential cost would
be presented at the March 5, 1990 Council meeting. She noted
that staff and Kathy Weil, CRAS representative, attended the
Fifth Annual Airport Noise Symposium and that the City's press
release for a citizen representative on airport issues was
published in Tustin Today on February 20, 1990. Staff would
provide an additional list of interested citizens at the March
5, 1990 Council meeting.
It was moved by Kennedy, seconded by Prescott, to receive and
file subject report.
The motion carried 4-0. 101
SII. NEW BUSINESS
1. ORANGE COUNTY EMERGENCY SERVICES FEES
William Huston, City Manager, stated Councilman Prescott had
requested agendizing an article regarding a proposal by the
County to implement paramedic and fire prevention fees. The
major impact for residents would be a paramedic fee, which would
be either a curb -call fee of approximately $150.00 or a
subscription service of $35.00 - $50.00 per year for unlimited
use of paramedic services. The only way the fees could be
implemented in Tustin was by City Council adoption. If the
Council did not adopt the fees, then the Council would need to
review alternative funding to cover the cost to the Fire
Department. Specific information regarding the dollar amount
would not be available for 2-3 months and staff would review the
matter at that time. 51
2. WAIVER OF CONDITIONAL USE PERMIT FEES FOR NURSERIES OR NURSERY
SCHOOL (CHILD CARE CENTERS)
It was moved by Kennedy, seconded by Kelly, to adopt the
following Resolution No. 90-35 exempting Day Nurseries or Nursery
Schools from a Conditional Use Permit Fee:
RESOLUTION NO. 90-35 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, MODIFYING THE CITY'S PLANNING FEES
TO EXEMPT DAY NURSERIES/NURSERY SCHOOLS FROM PAYMENT OF
CONDITIONAL USE PERMIT FEES
The motion carried 4-0. 81
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3.
4.
AWARD OF CONTRACT FOR TRAFFIC SIGNAL IMPROVEMENTS AT MAIN AND
STONEGLASS, MAIN AND EL CAMINO REALo AND WALNUT AND FRANKLIN
It was moved by Kennedy. seconded by Kelly, to award the contract
for the subject project to Intersection Maintenance Service in
the amount of $145,000.00.
The motion carried 4-0.
09
RELOCATION OF SEWER PUMP STATION NO. 6168(R) AND CONSTRUCTION OF
FORCEMAIN AND GRAVITY SEWER FOR JAMBOREE ROAD EXTENSION
It was moved by Kennedy, seconded by Kelly, to award the contract
for the subject project to S. C. Engineering in the amount of
$362,370.50. 86B
5. AS 939 MANDATORY RECYCLING
See Page 3.
6. LEGAL FEES (JOHN KELLY AND EARL PRESCOTT VS. RONALD HOESTEREY)
Councilman Kelly requested the City obtain an impartial, outside
decision on paying former Councilman Hoesterey's legal fees. He
said it had never been established in the correct forum whether
or not Councilman Hoesterey was a legal Tustin resident and
entitled to defense resources of the City.
Councilman Prescott wanted the Council to request an impartial
opinion from the Attorney General, Legislative Council or a court
to determine whether Ronald Hoesterey was a Tustin Councilmember
on November 20th and, if he was, the City should pay all legal
fees.
Mayor Edgar stated that in compliance with the law a
Councilperson had the authority to request and receive legal
support. The suggested action was not appropriate because a
legitimate bill, incurred in compliance with State law, was not
to be paid. The Council would be directing staff to disobey the
law and he did not have the authority to direct anyone to disobey
the law.
James Rourke, City Attorney, stated that the Attorney General
and the State Legislature did not have control over who held
office. When a person was elected to City Council, their
election was certified by the Secretary of State and they held
office by virtue of the fact that the people of the City elected
them. The courts were the only body that could make a
determination that a Councilmember was not holding office
legally. One such court action had been brought and was not
successful. Third party, independent opinions had no bearing on
this matter.
The following member of the audience addressed the Council
regarding conduct of Councilmembers Kelly and Prescott:
Carl Kasalek, 2352 Caper Tree, Tustin
Council discussion followed regarding payment of the legal fees.
James Rourke, City Attorney, restated that under the City's
procedures, payment did not have to be approved by Council; it
was within the budget and a legal bill. If the Council directed
that it not be paid, that would be another matter.
Mayor Pro Tem Kennedy agreed it was a legal bill that must be
paid and said Mr. Hoesterey was sued by Councilmen Kelly and
Prescott in their capacity as private citizens, not as
Councilmembers. It was Mr. Hoesterey's decision not to counter
sue.
Council discussion followed regarding a recently taped telephone
conversation between Councilman Kelly and the City Manager;
concerning Councilman Hoesterey's residency status on November
20, 1989; and rights of the Council to retain legal defense.
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Page 9, 2-20-90
Mayor Edgar stated it was his interpretation that Ron Hoesterey
was properly seated as a Councilmember on November 20, 1989, and
he had the right to legal counsel because he was being sued. He
advised staff to comply with the law and pay the legal fees as
presented. 38
7. INITIATION OF ZONE CHANGE PROCEDURES FOR ANNEXATION 149
See Page 3.
XIII. REPORTS
1- PLANNING COMMISSION ACTION AGENDA - FEBRUARY 12, 1990
It was moved by Kennedy, seconded by Edaar, to ratify the
Planning Commission Action Agenda of February 12, 1990.
The motion carried 4-0. 80
2. KEY INTERSECTION ACCIDENT SURVEILLANCE
It was moved by Kennedy, seconded by Prescott, to receive and
file subject report.
The motion carried 4-0. 100
XIV. PUBLIC INPUT - None
XV. OTHER BUSINESS
1. VIDEO TAPES - CITY COUNCIL MEETINGS
Mayor Pro Tem Kennedy questioned if the video tapes of City
Council meetings were up-to-date.
2. COLUMBUS TUSTIN PARK - INADEQUATE LIGHTING
Mayor Pro Tem Kennedy stated a member of the public had requested
the City investigate the lighting at the Prospect Avenue entrance
to Columbus Tustin Park.
3. ADJOURNMENT IN MEMORY OF ROBERT HOWARD AND RUTH COX
Councilman Prescott requested adjournment in memory of Robert
Howard, owner of Elizabeth Howard's Curtain Call Dinner Theater,
who died on February 18, 1990, in Auburn, Washington.
Mayor Edgar requested adjournment in memory of Ruth Cox, who
passed away at the age of 93 on February 5, 1990, and at the time
of her death was the oldest living native of Tustin.
4. COMPLETION OF MAIN STREET IMPROVEMENTS
Councilman Prescott commended the Public Works Department on the
Main Street public improvements.
5. TUSTIN EAST DRIVE - APARTMENT BANNERS
Mayor Edgar requested a March 5, 1990 status report on the Tustin
East Drive apartment banner display issue.
6. WARNER AVENUE BRIDGE RECONSTRUCTION COMPLETION
Mayor Edgar noted that the Warner Avenue bridge over SR -55 was
now fully operational. He urged staff to establish firm
completion schedules for future road closures.
XVI. CLOSED SESSION
Mayor Edgar announced the City Council would recess to Closed Session
to meet with its designated representatives regarding labor relations
matters pursuant to Government Code Section 54967.6; and to consider
personnel matters pursuant to Government Code Section 54957.
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Page 10, 2-20-90
XVII.
At 9:18 p.m., the meeting recessed to the Redevelopment Agency then
to the 'above Closed Session, then adjourned in memory of Robert
Howard and Ruth Cox to a joint meeting with the Parks and Recreation
Commission on February 21, 1990, at 7:00 p.m. and then to the next
Regular Meeting on March 5, 1990, at 7:OO p.m.
XVIII. FOLLOWING CLOSED SESSION
It was moved by Kennedy, seconded by Kelly, to approve the one-year
agreement between the City and the Tustin Police Officers Association
and the Memorandum of Understanding to be formally approved on March
5, 1990.
The motion carried 4-0.
,
MAYOR
ITY CL R