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HomeMy WebLinkAboutCC MINUTES 1989 09 05MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA SEPTEMBER 5, 1989 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE 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 Alan Waterson, Pastor of Aldersgate Methodist Church. _II. ROLL CALL Council,Present: Ursula E. Kennedy, Mayor Richard B. Edgar, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott Council Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Royleen White, Dir./Community & Admin. Services Lloyd Dick, Building Official Laura Kuhn, Senior Planner Valerie Whiteman, Deputy City Clerk Approximately 25 in the audience IV. PROCLAMATION - WILLIAM GRAY, CONTINENTAL CABLEVISION Mayor Kennedy read and presented a proclamation to William Gray, Director of Community Programming and Production for Continental Cablevision, acknowledging his many hours of dedicated service broadcasting numerous community -wide events and twice -monthly City Council meetings. Bill Gray expressed his pleasure in serving a City he loved, the enjoyment he received from his work and thanked the Council fp honoring him as well as Continental Cablevision. ?Ix V. PUBLIC HEARING 1. RECOVERY OF CITY INCURRED COSTS OF ABATEMENT OF A PUBLIC NUISANCE AT 200 EL CAMINO REAL, PACIFIC MEAT COMPANY Lloyd Dick, Building official, reported the City had let a contract, after notifying the owners, tenants and other interested parties, to abate a nuisance and a health threat due to abandoned meat products following the Pacific Meat Company fire on July 30, 1989. The owners had failed to clear the site satisfactorily and the City performed the necessary work at a cost of $4,036.90. Mayor Kennedy opened the Public Hearing at 7:11 P.M. There were no speakers on the subject and the Public Hearing was closed. It was moved by Edgar, secondedby Hoesterev, to assess the charges of four thousand thirty six dollars and ninety cents ($4,036.90) against the subject property as a special assessment and lien. Council/staff discussion followed regarding possible demolition of the structure. Staff will submit a status report to the City Council at their meeting of September 18, 1989. The motion carried 5-0. 2. NEWPORT AVENUE/WARREN ANNEXATION NO. 149 m Laura Kuhn, Senior Planner, reported this application for annexation was prepared by staff in response to a petition from CITY COUNCIL MINUTES Page 2, 9-5-89 68% of the property owners in the subject area. The annexation area was comprised of 7.8 acres and was located adjacent to Newport Avenue immediately north of the existing City boundary. Following Council approval of Resolution No. 89-127, staff would forward the application to the Local Agency Formation Commission (LAFCO) for processing and, if LAFCO recommended approval, Annexation No. 149 would be resubmitted to the City Council to hold a protest hearing. Council/staff discussion followed clarifying the annexation process. Mayor Kennedy opened the Public Hearing at 7:20 p.m. The, following member of the community spoke regarding the subject annexation: Dennis Hamilton, 18681 Eunice Place, Santa Ana Mr. Hamilton questioned how the existing zoning of the property, as set forth in the North Tustin Specific Plan, would be effected once the property was annexed to the City. Laura Kuhn responded that the area was currently zoned for single family residential use with a Garden Office Overlay, which allowed development for residential single family use or garden office use. A garden office project would be subject to a conditional use permit. If LAFCO approved the application for annexation, staff would recommend that the City adopt the same zoning that currently existed on the property and all surrounding property owners would be notified of any proposed development in the annexed area. I There were no other speakers on the matter and the Public Hearing was closed at 7:22 p.m. It was moved by Edgar, seconded by Kelly, to adopt the following Resolution No. 89-127 making application for Annexation No. 149 to the Local Agency Formation Commission (LAFCO): RESOLUTION NO. 89-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MAKING APPLICATION FOR THE UNINHABITED ANNEXATION OF TERRITORY KNOWN AS NEWPORT AVENUE/WARREN ANNEXATION NO. 149 The motion carried 5-0. X. OLD BUSINESS (AGENDA ORDER) 3. CITIZEN CONCERN: I-5/SR-55. 24 Council concurred to take this item out of agenda order to accommodate the speaker. Donna Wilson, 15500-117 Tustin Village Way, Tustin, suggested (1) a letter be forwarded to the Orange County Transportation Commission requesting support for additional sound walls and shrubbery to mitigate flyover sound and (2) removal of stop sign located at the closed off -ramp at McFadden/Tustin Village Way and placement of a stop sign at Alliance Avenue. Bob Ledendecker, Director of Public Works, responded that the McFadden/Tustin Village Way stop sign was no longer needed and staff had initiated the process for removal. He added that staff would conduct a routine study for placement of a stop sign and/or red curbing at Alliance Avenue. It was moved by Hoesterey, seconded by Edaar, to authorize staff, after completion of legal requirements, to place needed stop signs in the subject area. The motion carried 5-0. CITY COUNCIL MINUTES Page 3, 9-5-89 Council/speaker discussion followed regarding Tustin Village Way homeowners' approval of City letter to Caltrans and lack of time to distribute the letter among the homeowners in order to obtain feedback. Bob Ledendecker suggested that the City provide the homeowners additional time to review the letter and communicate any changes to him. It was moved by Kennedy, seconded by Edyar, to receive and file report and direct staff to send subject letter, after receiving input from the homeowners, to Caltrans with a copy to the homeowners' association. The motion carried 5-0. 54 VI. PUBLIC INPUT 1. CONDUCT OF CITY COUNCILMEMBERS Diane Welch, 15481 Red Hill Avenue, Tustin, expressed concern regarding the following: trend of City Council toward tallying the number of Tustin resident speakers vs. non -City resident speakers; lack of resident speakers due to uncomfortableness of addressing a Council in conflict with each other; unprofessional conduct of Councilmembers; negative newspaper articles on Tustin and its leadership; the Council majority's fear of addressing all issues; censoring of agenda items by the Council majority; Council majority control of and non -recognition of minority Councilmembers; lack of prompt Council/staff response to citizen complaints; and frequent City Council referrals to excessive workload of staff. 2. NOISE FROM GAS -POWERED GARDENING BLOWERS Bruce Traywick, 14651 Pacific Street, Tustin, voiced his complaint of excessive noise on weekends caused by commercial use of gas -powered gardening blowers. Mayor Pro Tem Edgar suggested staff submit a report on how the noise of an average gas -powered blower compared to standards set forth in the City's noise abatement ordinance. Council concurred. VII. CONSENT CALENDAR Items No. 1 and 9 were removed from the Consent Calendar by Councilman Kelly and Item No. 7 was removed by William Huston, City Manager. It was moved by Kelly,seconded by Ed ar, to approve the remainder of the Consent Calendar. The motion carried 5-0. 2. APPROVED DEMANDS IN THE AMOUNT OF $2,277,006.28 RATIFIED PAYROLL IN THE AMOUNT OF $207,149.08 50 3. VESTING TENTATIVE TRACT MAP 13746 (AKINS DEVELOPMENT) RESOLUTION NO. 89-129 - 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 t'^ 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 13746 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Approved Environmental Determination for the project by adoption of Resolution No. 89-129; and RESOLUTION NO. 89-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 13746 Approved Vesting Tentative Tract Map 13746 as recommended by the Planning Commission by adopting Resolution No. 89-136. 99 CITY COUNCIL MINUTES Page 4, 9-5-89 4. RESOLUTION NO. 89-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE APPLICATION OF THE MASTER PROPERTY TAX TRANSFER AGREEMENT TO THE PROPOSED NEWPORT/WARREN ANNEXATION NO. 149 Adopted Resolution No. 89-128 confirming the application of the Master Tax Transfer Agreement to the Proposed Newport Avenue/Warren Annexation No. 149. 5. RESOLUTION NO. 89-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING PLACEMENT OF A CERTAIN STOP SIGN AT THIRD STREET AND PREBLE DRIVE Adopted Resolution No. 89-132 authorizing the placement of a stop sign at the subject intersection in the City of Tustir4 6. RESOLUTION NO. 89-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR ASSESSMENT DISTRICT 85-1 IMPROVEMENTS ON EL CAMINO REAL BETWEEN MYFORD ROAD AND JAMBOREE ROAD Adopted Resolution No. 89-133 accepting said work on E1 Camino Real between Myford Road and Jamboree Road and authorized the recordation of the Notice of Completion. 86B \ S. RESOLUTION NO. 89-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND ABANDON FAIRGATE DRIVE BETWEEN TUSTIN RANCH ROAD AND THE NORTHERLY BOUNDARY OF TRACT NO. 12870 AND A PORTION OF RAWLINGS WAY BETWEEN FAIRGATE DRIVE AND A POINT APPROXIMATELY 150 FEET EASTERLY OF FAIRGATE DRIVE AND TO FIX A TIME AND PLACE OF PUBLIC HEARING THEREON Adopted Resolution No. 89-135 declaring the City's intention to vacate and abandon Fairgate Drive between Tustin Ranch Road and the northerly boundary of Tract No. 12870 and a portion of Rawlings Way between Fairgate Drive and a point q approximately 150 feet easterly of Fairgate Drive, and settle a time and place of a public hearing thereon. 10. AUTHORIZATION TO SOLICIT EQUIPMENT BIDS Authorized solicitation of proposals for the purchase of new and replacement equipment authorized in the 1989-90 fiscal budget. 86 11. REQUEST FOR TREE REMOVALS (1) Approved requests for tree removals at the following locations: 17652 Limetree Way, 14551 Cherrywood Lane, 14712 Buckingham Place, Centennial Park and 14662 Cheshire Place and (2) Denied request for tree removal at the following location: 13772 Palace Way. 86 12. CALTRANS COOPERATIVE AGREEMENT NO. D-12-039 Approved Cooperative Agreement No. D-12-039 for the construction of traffic signal improvements along Irvine Boulevard, Newport Avenue and Edinger Avenue, and authorized the Mayor to execute said agreement. 45 Consent Calendar Item No. 1 - APPROVAL OF MINUTES, AUGUST 21, 1989, REGULAR MEETING Councilman Kelly read the following paragraph from Page 5 of the August 21, 1989 Minutes: "Councilman Hoesterey found it difficult to work in the spirit of congeniality when Councilman Kelly accused Councilmembers; Carl Karcher, a reputable citizen; and Marriott representatives of being criminals and conducting City business behind closed doors. Councilman Kelly's actions, irrespective of his representations or point of view, could contribute to building the spirit of congeniality." Councilman Kelly then stated he had reviewed partial transcripts from the tapes. He thought it was very unethical to charge a fellow Councilmember in this manner and make an untrue statement. In the spirit of professionalism, he requested an unconditional apology from Councilman Hoesterey and requested that the foregoing statement made by Councilman Hoesterey be deleted from the Minutes. CITY COUNCIL MINUTES Page 5, 9-5-89 Councilman Hoesterey said if statements concerning the Tustin Promenade project were reviewed, it had been called: a crooked deal that was done behind closed doors; and "crooked deal" would infer that the City Council and the principals involved with the project were involved with "crooked deals" and, consequently, his statements would stand. He did not object to the statement being stricken from the Minutes, but he was not in a position to offer an apology at this time. Councilman Kelly replied that, if an apology was not forthcoming, he r wanted the Minutes to stand as written and the partial transcript from the tapes be included as part of the Minutes. Council concurred. It was moved by Edgar, seconded by Kennedy, to approve the Minutes of August 21, 1989, with the inclusion of the transcripts. Councilman Prescott requested the following correction of the Minutes on Page 8, last paragraph: "The original motion failed 1-4, Kennedy, Edgar, Kelly and Hoesterey opposed" should be changed to "The original motion failed 2-3, Kennedy, Edgar and Hoesterey opposed. Councilman Kelly was unable to recall his vote in question. As a substitute motion it was moved b Ed ar, seconded by Kennedy, to continue the Minutes of August 21, 1989. The substitute motion carried 5-0. Consent Calendar Item No 7 - RESOLUTION NO. 89-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING PLACEMENT OF STOP SIGNS AT VARIOUS LOCATIONS IN THE CITY OF TUS73N William Huston, City Manager, requested this item be removed from the agenda and no, action be taken. f'^ It was moved by Edgar, seconded by Hoesterev, to continue indefinitely Consent Calendar Item No. 7 - Resolution No. 89-134. The motion carried 5-0. 94 Consent Calendar Item No 9 - RESOLUTION No. 89-136 Councilman Kelly questioned whether the established policy of placing a lien or charging a connection fee when undergrounding was performed on private property was being adhered to in this matter. Robert Ledendecker, Director of Public Works, responded that the action required during this meeting did not pertain to that phase, but was merely to set the date for the Public Hearing. Following the Public Hearing and with City Council approval, then each property owner would be financially responsible for their own conversion. It was moved by Edgar, seconded by Prescott, to adopt the following: RESOLUTION NO. 89-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING A TIME AND PLACE OF A PUBLIC HEARING TO CONSIDER THE DESIGNATION AND ADOPTION OF AN UNDERGROUND UTILITY DISTRICT REQUIRING THE REMOVAL OF POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES WITHIN THE AREA OF THE CITY OF TUSTIN LOCATED ON RED HILL AVENUE BETWEEN SYCAMORE AVENUE AND 580 FEET NORTHERLY OF WALNUT AVENUE, WHICH AREA IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND ON THAT CERTAIN MAP ON FILE IN THE OFFICE OF THE CITY CLERK AND CITY ENGINEER OF THE CITY OF TUSTIN The motion carried 5-0. VIII. ORDINANCE FOR INTRODUCTION - None IX. ORDINANCE FOR ADOPTION 104 1. NO PARKING ZONES ON PORTIONS OF FIRST STREET, IRVINE BOULEVARD AND YORBA STREETS - ORDINANCE NO. 1028 CITY COUNCIL MINUTES Page 6, 9-5-89 It was moved by Edgar, seconded by Kelly, that Ordinance No. 1028 have second reading by title only. The motion carried 55=0. Following second reading by title only of Ordinance No. 1028 by the City Clerk, it was moved by Edgar, seconded by Kelly, that Ordinance No. 1028 be passed and adopted as follows: ORDINANCE NO. 1028 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING AND PRESCRIBING NO PARKING ZONES ON PORTIONS OF FIRST STREET, IRVINE BOULEVARD AND YORBA STREETS The motion carried 5-0. (Roll call vote) 75 B. OLD BUSINESS 1. STATUS REPORT - JOHN WAYNE AIRPORT NOISE MONITORING PROGRAM (JWA), COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAS), AIRPORT SITE COALITION (ASC) AND HELICOPTER OVERFLIGHT PROGRAM TASK FORCE (HOPTF) Laura Kuhn, Senior Planner, reported that CRAS was requesting that all member cities consider a $1,000 donation to CRAS for continuation of their efforts and staff required direction from the City Council for donation of funds. Mayor Kennedy noted Kathy Weil's report indicated that the ORAS Board had changed its vote and would support AS 1830 as amended. Council concurred to write a letter of support for AS 1830 as amended. Mayor Kennedy was in favor of the $1,000 donation because if E1 Toro was used as a joint commercial airport the City would-be adversely effected. It was moved by Kennedy, seconded by Edgar, to donate $1,000 to the Coalition for a Responsible Airport Solution (ORAS). Councilman Kelly realized there was a possibility that the conversion or joint use of E1 Toro could have a tremendous impact upon the City, but he doubted a $1,000 donation would have an effect. He preferred spending $1,000 towards monitoring the current noise problem of air traffic over John Wayne Airport. Mayor Pro, Tem Edgar responded there was no question of the City's concern with aircraft noise at John Wayne Airport and the City was expending funds to explore alternatives for noise reduction at John Wayne Airport. When considering the even greater noise impact that could occur with E1 Toro converted to commercial, it was critical for the City to consistently oppose the conversion and he thought the commitment of a $1,000 donation was a very relevant expenditure. Councilman Prescott's substitute motion that the City commit to participation in a lawsuit to block the commercialization of E1 Toro and refrain from donating $1,000 died for lack of a second. Councilman Hoesterey said CRAS had been very effective in the community/region and the current expenditure of $1,000 may offset spending $100,000-$200,000 in the future. CRAS had been very influential in promoting legislation, communicating with Congress and setting Public Hearings with the FAA, as well as the military, and their vigilance was distancing the possibility of an E1 Toro conversion. After a brief Council discussion, as a substitute motion, it was moved by Prescott, seconded by Hoesterev, to request an explanation from ORAS as to how the funds would be used and to clarify if a pledge would be sufficient. The substitute motion carried 4-1, Kelly opposed. (Mayor Kennedy withdrew the original motion.) 101 I. CITY COUNCIL MINUTES Page 7, 9-5-89 2. CITIZEN COMPLAINT - ALLEY SOUTHERLY OF LINDA LANE AND EASTERLY OF YORBA STREET AND REMOVAL OF STREET SWEEPING SIGNS ON WESTERLY SIDE OF YORBA STREET Discussion Regarding Ally: Robert Ledendecker, Director of Public Works, reported that staff had determined that the alley was public property and he briefly outlined .the'process required for vacation of the alley. Ralph Westrum, 13651 Rosalind Drive, Tustin, addressed the Council and his comments included: favored vacation of the alley, misunderstanding by property owners as to ownership of the alley, his doubt that a 100% property owner consent could be obtained to abandon the alley, suggested alternative of posting "Do Not Block" signs in the alley, lack of safety in vehicle maintenance on Yorba, and he requested removal of "No Parking" restrictions in the alley. Councilman Prescott was opposed to abandoning the alley because the homeowners would become financially responsible for the maintenance. Mayor Pro Tem Edgar stated it had been determined, through research of County documents, that the alley was public property and if it was to be abandoned, a 100% consent of the property owners would be required. He suggested continuing the matter to poll the homeowners regarding vacation of the alley. Mayor Kennedy stated now that it had been determined the alley was public property, the City bore the responsibility of ensuring emergency vehicle access to the alley at all times. Following Council/speaker discussion regarding polling homeowners on vacation of the alley or a parking compromise, it was moved I by Kennedy, seconded by Hoesterev, to direct staff to poll the subject area homeowners regarding vacation of the alley and take appropriate action following the results of the survey. Councilman Prescott stated he was in favor of regulated alley parking for the residents. The motion carried 5-0. Discussion Regarding Yorba Street: Ralph Westrum stated, following Council approval on August 21, 1989, the "No Parking During Street Sweeping Hours" signs were removed on Laura Lane, Linda Lane, Rosalind Drive and the easterly side of Yorba Street. He questioned why the removal of signs did not include the westerly side of Yorba Street as was indicated in the submitted petition and subsequent Council action. Mayor Kennedy replied that during the August 21, 1989 Council meeting it was stated, and the Minutes so reflect, that petitions for removal of signs be considered by the area as a whole rather than individual streets, as was done when the original petitions were submitted for installation of signs. The Council wanted to remain consistent and remove signs in accordance with the current policy. Robert Ledendecker, Director of Public Works, further clarified that the original sign installation petition was for the easterly side of Yorba Street and both sides of Linda Lane, Laurie Lane, and Rosalind Drive. The request for sign installation on the west side of Yorba Street was a separate request submitted at a different time. He noted that there were no residents from the westerly side of Yorba that had signed the petition submitted by Mr. Westrum on August 21, 1989; all signatures were from the easterly side of Yorba Street. CITY COUNCIL MINUTES Page 8, 9-5-89 Councilman Hoesterey suggested staff contact the homes on the west side of Yorba Street and if an affirmative response was received, Council would authorize removal of the signs. Council/staff/speaker discussion followed regarding the exact location and number of effected houses on the west side of Yorba Street. Mayor Kennedy directed staff to contact the homeowners in question and solicit their response for removal of signs on the west side of Yorba Street. Mr. Westrum stated the Council had already voted concerning the sign removals and he voiced strong opposition to contacting additional homeowners. He adamantly wanted closure of the issue by immediate removal of the signs. Mayor Kennedy explained that the City had removed the signs in accordance with the installation petition; staff would contact the remaining .effected homeowners; the problem would be completely resolved by Friday, September 8; that she, personally, would contact Mr. Westrum at that time; and the subject Ws closed to further discussion. /b 3. CITIZEN CONCERN: I-5/SR-55 INTERCHANGE CONSTRUCTION See Page 2 of these Minutes. XI. NEW BUSINESS 1. GREEN VALLEY RESIDENTS1 REQUESTS Royleen White, Director of Administrative and Community Services, reviewed the four issues of concern submitted by Green Valley residents: (1) police vehicles parked in red zone (this issue was resolved by the Police Department at the August 21, 1989 City Council meeting), (2) petition requesting "No Parking" hours for street sweeping be changed to 9:00 a.m. to 3:00 p.m., (3) driveway parking variance issued by the County prior to annexation, and (4) the establishment of a Tustin City Problem Resolution Center. Mayor Pro Tem Edgar stated that to force street cleaning into inefficient scheduling was a significant cost factor and he was not prepared to spend thousands of dollars throughout the City for street sweeping time. He referenced the variance for parking and stated the City must be consistent in enforcing the parking ordinance and could not ignore regulations for certain areas. He thought the concept of having another group of individuals address concerns would not necessarily solve problems but there may be difficulty in some residents recognizing that they each have an opportunity to speak to the City Council on any issue. He guaranteed that the Council would be responsive, investigate every concern and take appropriate action; but to have an intermediary body that solved problems prior to reaching the City Council would dilute effectiveness and sensitivity. Councilman Prescott wanted the Council to reserve all judgment for 45 days until staff submitted their report on the Problem Resolution Center. He said he had received complaints from residents required to move their vehicles at 6:00 a.m. when the streets were not swept until 10:00 a.m. and suggested considering a unilateral change throughout the City of 9:00 a.m. to 3:00 p.m. for street sweeping hours. He requested the change be agendized for further review and consideration. Council concurred. Councilman Kelly stated he was eagerly anticipating the staff recommendation, scheduled for agendizing in approximately 45 days, regarding the Problem Resolution Center. Mayor Kennedy clarified that (1) street sweeping hours would be agendized and (2) staff report regarding the Problem Resolution Center would be agendized in 45 days as recommended by staff. Regarding the driveway parking variance, she asked that parking CITY COUNCIL MINUTES Sage 9, 9-5-89 enforcement be fair, every City resident receive identical treatment, and certain areas not be singled out. The following member of the audience spoke regarding the Green Valley concerns: Berklee Maughan, 14331 Green Valley, Tustin His comments` included: noted that Mayor Kennedy had suggested to him during a separate conversation that residents should be surveyed regarding their views on a Problem Resolution Center and he submitted a sample letter/survey form; staff's lack of supportive facts and reasons for 6:00 a.m. to 12 noon street sweeping hours; and suggested the only solution to the driveway parking variance was to relocate the sidewalks and extend the driveways. Robert Ledendecker, Director of Public Works, replied that his department had not had an opportunity to respond to the driveway parking issue and relocation of the sidewalk appeared to be a viable solution. In referencing street sweeping, he stated that with the direction given by the City Council, staff would investigate approximately 40-45 locations throughout the City with parking restrictions for street sweeping and agendize for the October 2, 1989 Council meeting. He agreed with residents that 6:00 a.m. was an inconvenient hour to move automobiles. Mayor Kennedy noted previous comments concerning the City's opportunity, following annexation, to consider the sidewalk relocation solution but it was financially possible for the City to correct shortened driveways that had been approved for a developer by another jurisdictional agency. She requested staff research what had occurred regarding the Green Valley driveways after the annexation had been completed. 86 2. EQUIPMENT PURCHASE REQUEST It was moved by Kelly, seconded by Edgar, to approve the following: (1) That the City Council rescind their authorization to purchase a one -ton valve truck from Guaranty Chevrolet as authorized at the June 5, 1989 City Council meeting; and (2) Authorize staff to readvertise and solicit additional bids for the purchase of a one -ton valve truck in fiscal year 1989-90. The motion carried 5-0. 3. CODE OF ETHICS RESOLUTION FP Mayor Kennedy commented that the Council was making a valiant effort to work cohesively together and retain their independence and personalities. She suggested the Council review the sample Resolution from the City of Anaheim and make a new commitment to begin working for the City as a cooperative but independent body of five. Mayor Pro Tem Edgar felt that he had a personal responsibility to do everything that was written in the sample resolution with or without a formal Resolution and for that reason, it was redundant and unnecessary. The Procedures and Rules of Order samples were formal and he would be extremely reluctant to formalize proceedings to that extent. The informal mode in which the Council had operated was a very positive one and he wanted to retain it. Councilman Kelly said the sample Code of Ethics did not reflect what was needed in Tustin and he wanted a Code of Ethics that demanded mandatory rotation of the Mayor's position. He commented on Item No. 7 of the Resolution which stated "refrain from disclosing any information received confidentially concerning the business of the City or received during any Closed CITY COUNCIL MINUTES Page 10, 9-5-89 Session and he wanted that statement eliminated from the Resolution. He thought there were certain Redevelopment Agency subjects that were labeled confidential that should be available to the public. The intentions of the Resolution were good and there was hostility circulated on the Council as evidenced by his earlier failure to receive an apology for an untrue statement and he thought that was sad and unethical. Council discussion followed regarding the Brown Act and reasons for City Council confidentiality. Councilman Hoesterey noted past Council discussion of ordinances that were unenforceable and this appeared to be one, and there were other laws related to revealing closed session discussions that were released that proved it. In the first eight years he was'a Councilmember, there was never a need for a Code of Ethics and, in the spirit of congeniality, he was willing to abide by majority vote because he did not believe it would have a material effect. Councilman Prescott suggested including the Ten Commandments in the Code of Ethics. He stated that when a Councilmember was elected, an Oath of. Office was taken promising to well and faithfully discharge the duties of office, to support and defend the Constitutions of the United States and California. Councilmembers should adhere to their Oaths of Office and Robert's Rules of Order and politicians should not be allowed to devise their own set of ethics. Mayor Kennedy said the Council would have to forgive and forget everything that had happened previously and begin anew from this night forward. She was very willing to start over and thought a Code of Ethics was a good idea because the majority of politicians were honest, sincere people. She wanted unkind remarks to cease, energies directed toward City issues, and personalities to remain quiet and she encouraged the other Councilmembers to follow. Mayor Kennedy's motion to support the entire Resolution died for lack of a second. It was moved by Kennedy, seconded by Edgar, that the Council heed the Mayor's remarks and begin working together for the good of the City. Councilman Kelly wanted an apology from Councilman Hoesterey before starting anew and, if not, would take personal legal action. He then clarified the difference between the words collegiality and congeniality. The motion carried 5-0. 38 XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - AUGUST 28, 1989 It was moved by Edgar, seconded by Kelly, to ratify the Planning Commission Action Agenda of August 28, 1989. Mayor Pro Tem Edgar commended the Planning Commission for the numerous complex issues managed during the August 28, 1989 meeting. The motion carried 5-0. 80 2. CMS ENHANCEMENTS It was moved by Hoesterey, seconded by Edgar, to receive and file subject report. The motion carried 5-0. 51 CITY COUNCIL MINUTES Page 11, 9-5-89 3. STATUS OF INSPECTION OF PROPERTY AT 13271 WOODLAND It was moved by Hoesterev, seconded by Edgar, to receive and file subject report. The motion carried 5-0. 4. SALE OF SURPLUS EQUIPMENT M It was moved by Hoesterey, seconded by Edgar, to receive and file notice of sale of surplus, Police Unit 3402, as provided for in Ordinance No. 871. The motion carried 5-0. 86 5. INFORMATIONAL UPDATE ON THE STATUS OF THE WIDENING OF I-5 AND SR -55 AND THE RECONSTRUCTION OF THE I-5/SR-55 INTERCHANGE Mayor Kennedy asked for staff comment on how the widening of the I-5 from I-405- to SR -55, Jamboree Road, would effect City residents and businesses. Robert Ledendecker, Director of Public Works, reported the new interchange would provide the same movements but in a modified plan with easier access onto the freeway and would provide six travel lanes for Jamboree Road. The interchange was scheduled for completion by the Fall of 1990. Mayor Pro Tem Edgar commented that the I-5 widening would include replacement/construction of the bridges at Red Hill, Newport Avenue, Main Street, First Street and Fourth Street and would have a serious impact on traffic movement. The details of that construction, with estimated timelines for completion and alternate routes, needed to be provided for residents. ?'^ Robert Ledendecker replied that this report was for informational purposes and the detailed report would be submitted in approximately 3-4 weeks. Councilman Prescott suggested that over the next 3-4 years the Tustin Today quarterly be used as a regular update for citizens as to reconstruction phases and avoidance of street closures. It was moved by Edgar, seconded by Prescott, to receive and file subject report. The motion carried 5-0. 54 6. WARNER AVENUE BRIDGE CONSTRUCTION STATUS REPORT A brief Council/staff discussion occurred regarding a complete time schedule for completion and agreement with Caltrans to provide a detailed estimated time table. It was moved by Edgar seconded by Kennedy, to receive and file subject report. The motion carried 5-0. 7. RESPONSE TO COMMENTS FROM MR. BRUCE TRAYWICK 54 The following member of the community spoke regarding this subject: Bruce Traywick, 14651 Pacific Street, Tustin His comments included: funding available for bicycle lanes, reduction in lanes on Yorba Street would reduce traffic, combined automobile parking/bicycle lanes, stop sign placement on Yorba Street and decreased through traffic on Yorba Street. Robert Ledendecker, Director of Public Works, responded that Yorba Street was classified as a secondary arterial highway and CITY COUNCIL MINUTES Page 12, 9-5-89 staff felt that combining bike lanes with on -street parking was dangerous and this had been City policy for 15 years. It was moved by Hoesterev, seconded by Edgar, to receive and file subject report. The motion carried 5-0. 100 XIII. PUBLIC INPUT 1. I-5/55 INTERCHANGE REPORT/COUNCIL DECORUM Donna Wilson, 15500-117 Tustin Village Way, Tustin, requested a copy of the I-5/55 Interchange reconstruction status report and encouraged the Council to work cooperatively together. XIV. OTHER BUSINESS 1. CLOSED SESSION James Rourke, City Attorney, requested a Closed Session to consider a matter in litigation. 2. FINANCIAL WARRANTS REPORTED BY Councilman Kelly requested the financial monthly warrants be reported by department rather than by vendor. 3. VOLUNTEER ASSISTANCE FOR SENIOR CITIZENS Councilman Kelly noted senior citizens in the area needed volunteer assistance in maintaining their properties. .He suggested high school students be utilized to aid senior citizens. Royleen White, Director of Administrative and Community Services, responded that senior citizens were welcomed and encouraged to contact the Tustin Area Senior Center staff for assistance. 4. FIRE INSPECTION REPORT - BARN RESTAURANT, TUSTIN GARDENS Councilman Kelly questioned the status of the fire inspection report on the Barn Restaurant and Tustin Gardens. Staff responded that the report would be submitted at the September 18, 1989 City Council meeting. 5. SIGN REPAIR - SEVENTEENTH STREET/YORBA STREET Mayor Pro Tem Edgar reported a broken sign on Seventeenth Street near Yorba Street and requested replacement by staff. 6. SUCCESS OF CAR POOL LANE ON SR -55 FREEWAY Mayor Pro Tem Edgar noted that the car pool lane on SR -55 was utilized by more people per day than any lane of freeway in California. 7. PURCHASE OF CITY COUNCIL MEETING VIDEO TAPES Councilman Prescott requested the Council consider enactment of a Resolution mandating the City Clerk to purchase video tapes of City Council meetings from Continental Cablevision. William Huston, City Manager, stated he believed that had been previously approved by the City Council and would investigate. 8. USING ROBERT'S RULES OF ORDER TO DETERMINE ACCURACY OF MINUTES Councilman Prescott said he saw conflict arising between Councilmembers Hoesterey and Kelly pertaining to validity of the Minutes. He noted Robert's Rules of Order, Article V, Paragraph 36, which said the remaining three Councilmembers would determine what was stated and vote accordingly. When the Minutes in CITY COUNCIL MINUTES Page 13, 9-5-89 question were submitted at the next meeting, he wanted the referenced paragraph from Robert's Rules of Order to be included in the agenda material. 9. GRAFFITI - FARADAY'S RESTAURANT Councilman Prescott reported graffiti on the back wall of Faraday's Restaurant and requested staff contact the owner regarding removal. 10. DISASTER PREPAREDNESS PLAN Mayor Kennedy requested, for the October 16, 1989 Council a meeting, a status report on the City's disaster preparedness plan and subject coordination with the school district. 11. CONFERENCE OF ORANGE COUNTY HISTORYp SEPTEMBER 23-241 1989 Mayor Kennedy shared that the Conference of Orange County History would be held September 23-24, 1989. Tustin area residents, Richard Vining, Carol Jordan, John Sauers and Bob Edgell would speak at the event on "Preservation Success Story in Tustin". 12. STREET NAMING COMMITTEE Mayor Kennedy requested a status report on the Street Naming Committee. 13. AREA CAT SLAYINGS Mayor Kennedy believed the City needed to be very responsive to the recent cat slayings and the possibility of human involvement. She asked that the subject be handled in public with great courtesy to concerned citizens. 14. EDINGER AVENUE DESIGNATED "SUPER STREET" - SOUND ATTENUATION Mayor Kennedy stated Edinger Avenue has been designated as a Super Street and requested staff aggressively pursue available funding for sound attenuation for the residents along Edinger Avenue. 15. PARKING OF LARGE TRUCKS ON CITY STREETS Mayor Kennedy stated she had witnessed increased parking of large trucks on City streets and requested the Police Department renew their efforts to keep the streets clear of large parked trucks. XV. CLOSED SESSION Mayor Kennedy announced the City Council would recess to Closed Session. Litigation had been formally initiated to which the City was a party. The title of said litigation was Krelle vs. City of Tustin, Case No. 566236. Said Closed Session was held pursuant to the authority of California Government Code Section 54956.9(a). Because the necessity to take this action occurred after the publication and posting of the agenda, it was moved by Edgar, seconded by Prescott, to adjourn to the foregoing Closed Session. The motion carried 5-0. XVZ. ADJOURNMENT At 9:58 p.m., the meeting recessed to the Redevelopment Agency, then to the above Closed Session, then adjourned to a joint meeting with the Parks and Recreation Commission on September 12, 1989, at 5:30 p.m. and then to the next Regular Meeting on September 18, 1989, at 7:00 p.m. CV MAYOR PR EM CITY C RK