HomeMy WebLinkAboutCC MINUTES 1989 08 07I.
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MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
AUGUST 7, 1989
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Kennedy at 7:04 p.m. in the
City Council Chambers, 300 Centennial Way. The Pledge of Allegiance
was led by Councilman Kelly.
INVOCATION
The Invocation was given by McCready Johnston, Pastor of the New
Covenant Church.
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
Christine Shingleton, Dir./Community Development
W. Douglas Franks, Chief of Police
Robert Ledendecker, Director of Public Works
Royleen White, Dir./Community & Admin. Services
Ronald A. Nault, Finance Director
Fred Wakefield, Police Captain
Steve Foster, Police Captain
Susan Jones, Recreation Superintendent
Steve Blankenhorn, Recreation Supervisor
Laura Kuhn, Senior Planner
Beth Schoemann, Associate Planner
Valerie Whiteman, Deputy City Clerk
Approximately 60 in the audience
PROCLAMATION FOR VOLUNTEER FIREFIGHTER
1989
DAY - AUGUST 19,
Mayor Kennedy read and presented a proclamation to Captain John
Garner. The proclamation acknowledged the outstanding contributions
of volunteer firefighters and proclaimed August 19, 1989 as
"Volunteer Firefighter Recognition Day".
Captain Garner, on behalf on the Orange County Fire Department
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expressed his appreciation to the City Council.
1. CHILI COOK -OFF PROCEEDS - TUSTIN AREA HISTORICAL SOCIETY
Steve Blankenhorn, Recreation Supervisor, commented on the
success of the Chili Cook -Off and presented a proceed check in
the amount of $7,500 to Margaret Greinke, Historical Society
liaison and Chili Cook -Off Honorary Chairperson.
Margaret Greinke, on behalf of the Tustin Area Historical
Society, gratefully accepted the check. She said the funds were
very much needed and would be used for exhibits and the purchase
of a computer. 41
2. CERTIFICATE OF APPRECIATION TO THE CHURCH OF JESUS CHRIST OF
LATTER DAY SAINTS YOUNG SINGLE ADULT GROUP
Mayor Kennedy presented a Certificate of Appreciation to the
Church of Jesus Christ of Latter Day Saints Young Single Adult
Group for their community service project.
CITY COUNCIL MINUTES
Page 2, 8-7-89
Donna Ball, representing the Young Single Adult Group, reported
that a group of 25 young adults had cleaned Columbus Tustin Park
and she thanked the City Council for the opportunity to serve the
City.
Mark Redman, Advisor, commended his group for donating their
time to serve the community. 41
VI. PUBLIC HEARINGS
1. RESOLUTION NO. 89-110, PLACING ASSESSMENT FOR SOLID WASTE'
COLLECTION ON THE 1989-90 TAX ROLL
Ronald Nault, Finance Director, outlined the proposed assessments
for fiscal year 1989-90 as $93.84 per year for a single family
residential unit up to three units per parcel; and $98.64 per
year for residential units, of four units or more, and commercial
units utilizing can service.
Following a brief Council/staff discussion, Mayor Kennedy opened
the Public Hearing at 7:20 p.m. There were no speakers on the
subject and the Public Hearing was closed.
It was moved by Hoesterev. seconded by Edgar, to adopt the
following Resolution No. 89-110 directing the Finance Director
to place the charges for Solid Waste Collection as detailed in
the discussion on the tax roll for fiscal 1990:
RESOLUTION NO. 89-110 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS
OF SECTION 5473 ET SEQ. OF THE HEALTH AND SAFETY CODE OF THE
STATE OF CALIFORNIA, FINALLY APPROVING AND ADOPTING A REPORT
RELATIVE TO PARCELS OF REAL PROPERTY RECEIVING SOLID WASTE
COLLECTION SERVICES, DETERMINING THE CHARGES FOR SOLID WASTE
COLLECTION TO BE ASSESSED AGAINST THE RESPECTIVE LOTS OR PARCELS
OF LAND AS THEY APPEAR ON THE CURRENT ASSESSMENT ROLL
The motion carried 5-0.
Mayor Kennedy asked for Council consensus to consider a trash
recycling program in Tustin and begin with a feasibility study
that would include input from Great Western Reclamation.
Mayor Pro Tem Edgar agreed that the City mutually conduct the
study with Great Western Reclamation and warned against the
concept that recycling material would generate revenue. He
suggested that Great Western could advise on a program that would
be effective and cost efficient.
It was moved by Kennedy. seconded by Edgar, that staff consult
Great Western Reclamation and prepare a study regarding a
recycling program for the City.
The motion carried 5-0.
50
2. RESOLUTION NO. 89-116, ADOPTING THE CITY BUDGET AND WATER
ENTERPRISE BUDGET FOR THE FISCAL YEAR 1989-90
William Huston, City Manager, stated the initial budget submitted
to the Council for all funding was $94,692,741.00. This figure
was a decrease from last year's $125.5 million due to a reductions,
in Capital Improvement projects. The Operating Budget, the:
portion of the City budget that covered day-to-day services
provided by the City, was approximately $26.9 million, a slight
increase over last year's budget of approximately $26.8 million.
The General Fund Budget, which covered City operations such as
police, fire, street maintenance, parks, community service
programs,.etc. was approximately $22.4 million compared to last
year's figure of approximately 21.5 million, which was a 4.3%
increase.
Mayor Kennedy opened the Public Hearing at 7:30 p.m. There were
no speakers on the subject and the Public Hearing was closed.
CITY COUNCIL MINUTES
Page 3, 8-7-89
It was moved by Edgar, seconded by Hoesterev, to adopt the
following Resolution No. 89-116, as modified, appropriating the
City's Governmental Funds Budget of $47,225,678 and the City's
Water Enterprise Budget of $8,370,477:
RESOLUTION NO. 89-116 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND
APPROPRIATING REVENUE OF THE CITY FOR THE FISCAL YEAR 1989-90
Councilman Kelly voiced his opposition because there had not been
a sincere effort to cut the budget and, more importantly, he was
disappointed that airport sound monitoring equipment was not
included. He said the staff had asked for "toys" and additional
personnel but when a Councilmember requested a budget item, it
became highly political and could not be accomplished. At Mayor
Kennedy's request, he commented further regarding his reference
to staff "toys" meaning additional computer software/hardware.
He believed the most important aspect of a community was the
citizens and the citizens needed airport sound monitoring
equipment.
Mayor Pro Tem Edgar, responding to Councilman Kelly, said it was
critical to recognize that, by the wise use of computers, the
City was able to minimize staff and the budget did include an
aggressive program for monitoring airport noise. The City had
hired excellent consultants to review the County's activity and
provide that data to the City. The cost effectiveness of
purchasing a piece of equipment and hiring additional manpower
to operate it would not have the same payoff as the hiring of
professional consultants.
Councilman Hoesterey stated the budget was fiscally sound and
provided considerable funds for enhancement of the drug
r— enforcement effort within the City, for additional police staff,
and for Capital Improvement projects to upgrade the City. He
noted the population had risen approximately 5% and the budget
had increased approximately 4.3%. In commenting on Councilman
Kelly's remarks, he said Councilmembers had the responsibility
to administer all activities of the City and to vote against the
entire budget because one personal project was not approved, was
immature and irresponsible. If each Councilmember decided to
take no action because Council agreement on personal projects
could not be obtained, the City would be without a budget,
without police and fire protection, and without means to operate.
He noted that Councilman Kelly had attended the budget workshops
without his budget material.
Councilman Kelly commented on Councilman Hoesterey's attendance
and lack of attention during the budget workshops, repeated his
opposition to the budget and asked why Councilman Hoesterey did
not submit his resignation as a Councilmember.
Mayor Kennedy reminded the Councilmembers to address each other
in a courteous and professional manner. She said the Council
had conducted eight hours of careful budget study at workshops
where staff was present to give detailed information. She shared
the concern about airport noise and noted that purchasing sound
monitoring equipment for the City would cost between $40,000 and
$60,000, plus approximately $45,000 for its computer software
system and would include the expense of hiring a staff expert to
monitor, read and interpret the data. The Council opted, in an
effort to be good stewards of tax dollars, to hire consultants
using sound equipment owned by others at a cost of approximately
$20,000.
The motion carried 3-2, Kelly and Prescott opposed (Roll call
vote).
Councilman Prescott said he was being philosophically consistent
with his stand in the past on the budget. 50
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VII. PUBLIC INPUT
1. ANTI -FIREARM LEGISLATION
The following members of the audience spoke in opposition to gun
control:
Varden Brendsel, 6042 San Lorenzo Drive, Buena Park
Charles Knapp, Anaheim
Arnold Gaunt, 17331 Village Drive, Tustin
Michael Flynn
In response to a request by a speaker, Councilmen Kelly and
Prescott requested the subject matter and AB 376 be agendized at
the August 21, 1989 City Council meeting.
Mayor Kennedy commented that when the City Council meetings
became televised, more people came to speak on subjects that were
not Tustin issues. The Council must respect the First Amendment
rights of any person who asked to speak and, while two residents
of the City waited to speak on Tustin concerns, the past 40
minutes had been spent listening to an issue that was not within
the jurisdiction of the City Council. It was her understanding,
along with two other members of the Council, that the City
Council would no longer comment on issues outside of the City's
jurisdiction unless it had a direct relation to the citizens of
Tustin. Even though the matter would be agendized, because
current policy allowed a single member of the Council to agendize
any subject, she personally would not take a position on anything
that was not a Tustin issue.
Councilman Kelly said the Council had a history of voting on
subjects that were not Tustin issues and cited Resolution 87-14
(supporting national preserve, Catalina Island). He stated the
community was growing, more people concerned with national issues —,
were attending Council meetings, and he did not believe it was',
a problem for Americans at the local level to reveal their',
opinions.
Mayor Pro Tem Edgar said he cared about Tustin's police, fire,
parks, recreation, zoning, financial stability, etc., but at no
time had he ever postured himself as being the moral judge for
the people of Tustin.
2. GRAND OPENING OF TUSTIN MARKET PLACE - AUGUST 19-20e 1989
Nina Robinson, representing Donahue Schriber and the Irvine Co.,
invited the City Council and residents to the Grand Opening of
the Tustin Market Place on August 19-20, 1989. The theme of the
opening was "Crackerjack of a Grand Opening" and she distributed
boxes of Crackerjacks to the City Council.
3. VIDEO TAPES OF CITY COUNCIL MEETINGS - CONTINENTAL CABLEVISION
William Gray, representing Continental Cablevision, responded to
concerns expressed by the Mayor at the July 17th meeting about
incompleteness of video tapes of Council meetings. He was
responsible for production of the City Council meetings and
stated that video tapes of the meetings were sold unedited and
in their entirety unless the consumer requested only a portion
of a tape. Additionally, he expressed his appreciation to the
Community Services Department, Public Works Department and Police _l
Department for their support and assistance during the televising
of community events.
Mayor Kennedy apologized because the complaint had been received
by telephone prior to the Council meeting and she later learned
that the misunderstanding was due to a consumer requesting a
portion of a tape. She commended the cable company for their
coverage of City Council meetings and other events.
Councilman Hoesterey noted Mr. Gray's excellent and personal
commitment to covering community affairs which involved working
late nights and weekends.
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4. ORANGE COUNTY FLOOD CONTROL CHANNEL (BETWEEN BRYAN AVENUE/IRVINE
BOULEVARD) - VANDALISM AND LOITERING
Keith and Cathy Rankin, 13321 Nixon Circle, Tustin, questioned
when staff would be responding to their concerns, reported to the
City Council at their meeting of July 17, 1989, about the recent
concrete construction of the Orange County Flood Control
District.
,., Mayor Kennedy apologized for the delay and said staff had
indicated the matter would be agendized at the August 21, 1989
City Council meeting.
VIII. CONSENT CALENDAR
Item No. 5 was removed from the Consent Calendar by Councilman Kelly
and Item No. 12 was removed by Gerald Feldman, representing Bellewick
Community Association. It was moved by Edgar, seconded by Kennedy,
to approve the remainder of the Consent Calendar.
The motion carried 5-0.
1. APPROVED MINUTES - JULY 17, 1989, REGULAR MEETING
2. APPROVED DEMANDS IN THE AMOUNT OF $4,394,179.35
RATIFIED PAYROLL IN THE AMOUNT OF $203,141.64 50
3. REJECTION OF CLAIM NO. 89-25; CLAIMANT -CHARLES DANNER, DATE OF
LOSS -12/16/871 DATE FILED WITH CITY -7/6/89
Rejected subject claim for personal injury and property damage
of an undetermined amount. 40
4. REJECTION OF CLAIM NO. 89-19; CLAIMANT -MICHAEL RAMOS, DATE OF
LOSS -3/25/89, DATE FILED WITH CITY -6/22/89
r+— Rejected subject claim for property damage in the amount of
$2,649.74. 40
6. REJECTION OF CLAIM NO. 89-27; CLAIMANT -DONALD WIKLUND, DATE OF
LOSS -2/13/891 DATE FILED WITH CITY -7/13/89
Rejected subject claim for property damage and personal injury0
in the amount of $50,000.00. 44
7. REJECTION OF CLAIM NO. 89-26; CLAIMANT-YACHI WEI, DATE OF LOSS -
6/12/891 DATE FILED WITH CITY -7/11/89
Rejected subject claim for property damage in the amount of
$273.00. 40
8. SPECIAL ASSESSMENT AGAINST PROPERTY AT 170 EL CAMINO REAL
RESOLUTION NO. 89-111 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CITY ENGINEER AND THE
CITY FINANCE DIRECTOR TO ACT ON BEHALF OF THE CITY COUNCIL FOR
THE CORRECTION AND/OR CANCELLATION OF SPECIAL ASSESSMENTS
Adopted Resolution No. 89-111 designating the City Engineer
and City Finance Director to act on behalf of the City
Council; and
RESOLUTION NO. 89-112 - 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
Adopted Resolution No. 89-112 assessing the property located
at 170 E1 Camino Real for the cost incurred by the City for
the abatement of dangerous buildings. 50
9. RESOLUTION NO. 89-113 - A RESOLUTION OF THE CITY COUNCIL OF THE +�
CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP 13822
Approved Final Tract Map 13822 by adopting Resolution No. 89-
113. 99
10. EAST TUSTIN DEVELOPMENT MONITORING AND ANNUAL REVIEW REPORT 1986-
1987 AND 1987-1988 REVIEW PERIODS
Received and filed subject report. 81
CITY COUNCIL MINUTES
Page 6, 8-7-89
11. DONATION OF AUTOMOBILES TO THE TUSTIN AREA SENIOR CENTER FUND,
INC.
Accepted two automobiles from Robert Voorhies as gifts on
behalf of the Tustin Area Senior Center Fund; and authorized
staff to sell the automobiles at auction with the proceeds
given to the Tustin Area Senior Center Fund, Inc. 41
13. STREET STRIPING CONTRACT - SAFETY STRIPING SERVICE, INC.
Authorized the renewal of the street striping contract with
Safety Striping Service, Inc. and amended the contract to—
reflect
o—reflect an adjustment of 5%. 86B'
14. REQUEST FOR TREE REMOVALS
Approved staff tree recommendations at the following
locations: 14402 Oxford, 14812 Bridgeport, 14682 Cheshire,
14761 Branbury, 1871 Sandwood, 1511 Kalua, 14702 Dartmouth,
1942 Pennington, 13702 Farmington, 1707 Stonehenge, 14332
Cloverbrook, 13591 Woodland, 1322 Veeh and 17672 Limetree.
86
15. ASPHALT MAINTENANCE CONTRACT - HARDY AND HARPER, INC.
Authorized the renewal of the asphalt maintenance contract
with Hardy & Harper, Inc. and amended the contract to reflect
an adjustment of 5%. 86B
16. COUNTY OF ORANGE AGREEMENT NO. D89-110 (ADJUSTMENT OF WATER VALVE
BOXES)
Approved Agreement No. 89-110 which provides for the County
to adjust certain water valve boxes to final street grades and
authorized the Mayor to execute said agreement. 45
17. ASSESSMENT DISTRICT NO. 86-2 UTILITY AGREEMENT - SOUTHERN
CALIFORNIA EDISON CO.
Approved the Southern California Edison Co. agreements for
both Tustin Ranch Road and Jamboree Road and authorized the
Mayor to execute said agreements. 45-
18. ASSESSMENT DISTRICT NO. 86-2 MASTER UTILITY AGREEMENT - PACIFIC
BELL
Approved the Pacific Bell agreement for telephone improvements
within Assessment District No. 86-2 and authorized the Mayor
45
to execute said agreement.
19. RESOLUTION NO. 89-117 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING REVISED PLANS AND
SPECIFICATIONS FOR CONSTRUCTION OF JAMBOREE ROAD BETWEEN TUSTIN
RANCH ROAD AND CHAPMAN AVENUE (RELOCATED) AND DIRECTING THE CITY
CLERK TO ADVERTISE FOR BIDS
Adopted Resolution No. 89-117 approving the revised plans and
specifications for street improvements along Jamboree Road
between Tustin Ranch Road and Chapman Avenue (Relocated) and
directing the City Clerk to advertise for bids. 866%
20. RESOLUTION NO. 89-118 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF AN ASPHALTIC CONCRETE PAVEMENT OVERLAY
OF EAST TUSTIN STREETS AND DIRECTING THE CITY CLERK TO ADVERTISE
FOR BIDS
Adopted Resolution No. 89-118 approving plans and
specifications for the asphaltic concrete pavement overlay of
East Tustin streets and directing the City Clerk to advertise;
for bids. 86B
21. RESOLUTION NO. 89-119 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, INFORMING THE ORANGE COUNTY ARTERIAL
HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE OF THE STATUS OF THE
CITY OF TUSTIN MASTER PLAN OF ARTERIAL HIGHWAYS
Adopted Resolution No. 89-119 informing the Arterial Highway
Financing Program Advisory Committee of the status of the City
of Tustin Master Plan of Arterial Highways. 86
22. RESOLUTION NO. 89-109 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FIXING AND DETERMINING THE AMOUNT OF
REVENUE REQUIRED FROM PROPERTY TAXES OF THE CITY OF TUSTIN AND
FIXING THE RATE OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY
CITY COUNCIL MINUTES
Page 7, 8-7-89
OF TUSTIN TO SERVICE THE DEBT OF THE GENERAL OBLIGATION BONDS OF
THE CITY FOR THE FISCAL YEAR 1989-90
Adopted Resolution No. 89-109 setting forth the 1989-90 Tax
Rate for the 1973 Civic Center Bonds at .00401. 50
CONSENT CALENDAR ITEM NO 5 -REJECTION OF CLAIM NO. 89-23; CLAIMANT -
MATTHEW SARMIENTO, DATE OF LOSS -5/16/89, DATE FILED WITH CITY -6/29/89
Councilman Kelly requested staff comment on the appropriate action
r^ for the subject claim.
James Rourke, City Attorney, responded that the claim had been filed
for $25,000, the injuries and medical expenses had not been
substantiated, and, therefore, it would be inappropriate for the
City Council to approve the claim at this time.
It was moved by Kelly, seconded by Kennedy, to reject subject claim
for personal injury in the amount of $25,000.00.
The motion carried 4-0, Hoesterey abstained. 40
CONSENT CALENDAR ITEM NO 12 - DECLARATION OF INTENTION TO HOLD A
PUBLIC HEARING FOR THE PURPOSE OF DECLARING A PUBLIC NUISANCE - 13151
RANCHWOOD ROAD
Marcella Napolitan, owner of subject property, requested the date of
the Public Hearing on this matter be changed to September 18, 1989.
Staff and Gerald Feldman concurred with the owner's request.
It was moved by Edgar, seconded by Hoesterev, to approve the
following:
RESOLUTION NO. 89-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO CONDUCT A PUBLIC
HEARING TO ASCERTAIN WHETHER THE CONDITION OF THE PROPERTY LOCATED
AT 13151 RANCHWOOD ROAD (AP #500-011-24) CONSTITUTES A PUBLIC
NUISANCE
Approved Resolution No. 89-114 declaring the City's intent to
hold a public hearing on September 18, 1989, for the purpose of
declaring a public nuisance at 13151 Ranchwood Road; and
Authorized a public hearing to be scheduled on September 18, 1989,
for the purpose of receiving protest or objections to the work
charges being imposed as a lien on the property.
The motion carried 5-0. 81
IX. ORDINANCES FOR INTRODUCTION - None
X. ORDINANCES FOR ADOPTION - None
XI. OLD BUSINESS
1. STATUS REPORT - JOHN WAYNE AIRPORT NOISE MONITORING PROGRAM
(JWA), COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAB),
AIRPORT SITE COALITION (ASC) AND HELICOPTER OVERFLIGHT PROGRAM
TASK FORCE (HOPTF)
It was moved by Hoesterev, seconded by Edgar, to approve the
following: (1) Authorize the expenditure of an additional
$3,400.00 to complete the Data Evaluation and Final Report for
the Aircraft Noise Impact Study; and (2) Receive and file subject
report.
The motion carried 5-0.
Christine Shingleton, Director of Community Development, reported
that the Airport Site Coalition (ASC) had dropped MCAS E1 Toro
from further discussion as a joint or full commercial use airport
site. 101
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Page 8, 8-7-89
2. POLES/STANDARDS FOR BANNER DISPLAYS
Councilman Prescott requested a location on Seventeenth Street
be added as a fifth site.
Following a brief Council discussion, it was moved by Hoesterev,
seconded by Prescott, that one pole/standard per year for banner
displays be installed at the following locations: First Street,
Irvine Boulevard, Red Hill Avenue, Newport Avenue and Seventeenth
Street; and staff to submit for Council action the recommended _
order of installation.
The motion carried 5-0. 86
3. ST. JEANNE DE LESTONNAC SCHOOL DRIVEWAY SIGNAL EVALUATION
Robert Ledendecker, Director of Public Works, reported that a
letter confirming joint use of Stoneglass had been received from
St. Jeanne de Lestonnac School and staff was currently awaiting
written confirmation of same from the Briarcliff Condominium
Association.
It was moved by Edgar, seconded by Kennedy, to direct staff,
contingent upon receipt of letter confirming joint use of
Stoneglass from the Briarcliff Condominium Association, to
prepare plans, specifications and estimates for a traffic signal
at Main Street and Stoneglass.
The motion carried 5-0.
4. RESOLUTION NO. 89-121, REGARDING DESECRATION OF THE U.S. FLAG
It was moved by Hoesterev, seconded by Kennedy, that Resolution
No. 89-121 be tabled.
Councilman Prescott requested that Resolution No. 89-121 be read
in its entirety. He said the Mayor had opposed the previous
Resolution because it displayed a strident attitude toward the
Supreme Court. Resolution No. 89-121 was based on the Resolution
passed unanimously by the State Assembly, was not strident, and
requested, the U.S. Congress to enact a Constitutional Amendment
prohibiting flag desecration, which was specifically absent from
the previously approved City Resolution.
The City Clerk read Resolution No. 89-121 into the record.
The following members of the audience spoke regarding adoption
of Resolution No. 89-121:
Ruth Harmon, 13271 Fairmont Way, Santa Ana (Opposed)
David Hurbert, 12751 Dean Street, Santa Ana (Favored)
Edmund Shaheen, Planning Commissioner (Neutral)
Councilman Hoesterey said the City Council, at their meeting of
July 17, 1989, had taken action to support the flag and he too
had been angered by the Supreme Court's decision. His reason for
requesting tabling of Resolution No. 89-121 was because every
time the majority of the Council voted upon a Resolution and it
was disfavored by the Council minority, the issue was reagendized
in a different format to be acted upon again and again. The City
had wasted thousands of taxpayer dollars and considerable
staff/legal time on issues that did not belong at this City
Council dias. Those were the reasons for requesting the
Resolution be tabled and not disrespect to Veterans and people
who had served or given their lives for the Country.
Councilman Kelly commented that the Resolution was not
controversial and should have been passed on the Consent Calendar
as was done in the Cities of Orange and Santa Ana. He did not
understand how anyone could oppose the Resolution and he felt it
was only an opportunity to frustrate the Council minority.
As a substitute motion, it was moved by Kelly, seconded by
Prescott, to adopt the following Resolution No. 89-121:
CITY COUNCIL MINUTES
Page 9, 8-7-89
RESOLUTION NO. 89-121 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, REQUESTING THE CONGRESS OF THE UNITED
STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION
SPECIFYING THAT CONGRESS AND THE STATES SHALL HAVE THE POWER TO
PROHIBIT THE PHYSICAL DESECRATION OF THE FLAG OF THE UNITED
STATES
Mayor Kennedy said her personal view, as expressed earlier, was
that the Council's task was the City of Tustin. She considered
herself a very patriotic American and the flag was a magnificent
symbol of our Country. The Council for the past year had been
sorely divided and had spent taxpayers' money on the abortion
issue while listening for eight hours to people speak on a
national issue. If she voted on the national flag issue, then
Operation Rescue and Pro -Choice groups would return to the City
Council for discussion of another non -jurisdictional issue.
Mayor Pro Tem Edgar stated on the substitute motion to adopt the
Resolution he did not want to take a formal position and would
abstain. .
The substitute motion died 2-2-1, Kelly/Prescott, favored;
Kennedy/Hoesterey, opposed; Edgar, abstained.
The original motion carried 3-2, Kelly and Prescott opposed.
103
%II. NEW BUSINESS
1. POLITICALLY RELATED ACTIVITIES - 1989 TILLER DAYS
Due to time constraints, it was moved by Hoesterev, seconded by
Edgar, to continue this agenda item at the August 21, 1989 City
Council meeting.
The motion carried 5-0.
2. TUSTIN WATER CORPORATION BOARD
41
It was moved by Prescott, seconded by Kennedy, to direct the
Tustin Water Corporation Board to convene a meeting, select two
candidates, and submit their recommendations to the City Council
for ratification.
The motion carried 5-0. 107
3. AWARD OF CONTRACT FOR THE RECONSTRUCTION OF MAIN STREET FROM
PACIFIC STREET TO RTE. 55 (OCUTT PROJECT PHASE III)
It was moved by Edgar, seconded by Kelly, to approve the
following:
(1) Award a contract to Vernon Paving Co., Anaheim, California,
in the amount of $154,711.10 for the above project.
(2) Adopt the following Resolution No. 89-120 requesting advance
OCUTT funds in the amount of $74,473.00 from the Orange
County Transportation Commission (OCTC):
RESOLUTION NO. 89-120 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THE ORANGE COUNTY
TRANSPORTATION COMMISSION TO ALLOCATE ORANGE COUNTY UNIFIED
TRANSPORTATION TRUST (OCUTT) FUNDS FOR MAIN STREET BETWEEN
PACIFIC STREET AND ROUTE 55
The motion carried 5-0. 86B
4. AWARD OF CONTRACT - AUTO CENTER STORM DRAIN PIPE PROJECT
It was moved by Edgar, seconded by Kelly, to award the bid to
Hydro Conduit Corporation in the amount of $146,558.52, subject
to approval by the Orange County Environmental Management Agency
(Flood Control District) for the storm drain connections to the
E1 Modena -Irvine Channel.
The motion carried 5-0. 86B
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XIII. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - JULY 24, 1989
It was moved by Hoesterev, seconded by Kennedy, to ratify the
Planning Commission Action Agenda of July 24, 1989.
Mayor Kennedy requested Councilmembers provide feedback on the
65 ft. towers at the Tustin Market Place.
The motion carried 5-0. 80
i
2. INVESTMENT SCHEDULE AS OF JULY 31, 1989
It was moved by Hoesterev, seconded by Kennedy, to receive and
file subject report.
The motion carried 5-0. 50
3. WARNER AVENUE BRIDGE CONSTRUCTION STATUS
It was moved by Hoesterev, seconded by Kennedy, to receive and
file subject report.
The motion carried 5-0. 54
XIV. PUBLIC INPUT
1. CODE OF ETHICS RESOLUTION
Ruth Harmon, 13271 Fairmont Way, Santa Ana, suggested that the
City Council consider adopting a Code of Ethics Resolution
similar to the one adopted by the City of Anaheim.
Council concurred on 3-2 vote (Prescott and Kelly opposed) to,—,
agendize discussion of a Code of Ethics Resolution.
2. WILDLIFE PROTECTION INITIATIVE - TILLER DAYS BOOTH
Eric Matthews, 14722 Romanza, Tustin, representing California
Wildlife Protection Committee, said his group was involved in a
state-wide petition drive to place a wildlife protection
initiative on the ballot in June, 1990. His group was interested
in applying for a Tiller Days booth and he would return to the
next meeting for their decision on politically related activities
at Tiller Days.
XV. OTHER BUSINESS
1. ADDITION TO CLOSED SESSION
James Rourke, City Attorney, requested the City Council adjourn
to Closed Session pursuant to Government Code Section 54956.9(a)
to consider litigation in the case of Nakihara vs. City of
Tustin.
2. WEED
ADJACENT TO HACIENDA
HOME
Councilman Kelly requested staff investigate a complaint by
residents of the Hacienda Retirement Home concerning weeds on the i
property at Prospect Avenue/Third Street adjacent to the Hacienda'
Home's parking area. _
3. PACIFIC MEAT COMPANY DESTROYED BY FIRE
Councilman Kelly complimented the area Fire Departments for their
excellent response and containment during the recent fire that
destroyed the Pacific Meat Company.
4. TUSTIN AREA SENIOR CENTER DEDICATION CEREMONIES
Councilman Kelly expressed his pleasure at the opening of the
Tustin Area Senior Center. He felt the speeches during the
CITY COUNCIL MINUTES
Page 11, 8-7-89
dedication ceremonies should have been shorter and the
bureaucratic participation was unnecessary.
Mayor Pro Tem Edgar said the opening of the Senior Center was
a fantastic response to the needs of community.
Councilman Hoesterey said the opening of the Senior Center was
a milestone for the community.
,., Mayor Kennedy, in response to Councilman Kelly's remarks, said
the ceremony was only 36 minutes in length and it was a marvelous
opening with over 900 in attendance. She noted that Councilman
Kelly had voiced the only opposition vote during one of the
awards of contract for the Senior Center and he had suggested the
Senior Center be utilized as space to house City staff.
r'^
5. CONCERTS IN THE PARK PROGRAM
Mayor Pro Tem Edgar commented on the pleasure he and his family
received from attending the "Concerts in the Park" and
complimented staff and participating musicians.
6. POLICY
DOG
ON SIDEWALKS
Mayor Pro Tem Edgar said excrement remaining on sidewalks after
residents had walked their dogs was becoming excessive and he
requested staff submit a report regarding the City's policy.
7. RECEPTION FOR NEW POLICE CHIEF FRANKS
Councilman Hoesterey suggested the meeting adjourn directly to
the reception welcoming new Police Chief W. Douglas Franks and
then recess to Closed Session. Council concurred.
S. ADJOURNMENT IN MEMORY OF MARIA REYGOSA
Councilman Prescott requested the meeting adjourn in memory of
Maria Reygosa, a Santa Ana resident who was killed in an
automobile accident at the corner of E1 Camino Real and Main
Street on August 6, 1989.
9. ASSISTING RESIDENT WITH
OF COMPLIANCE
Mayor Kennedy requested staff provide assistance to Bill Robbins,
who was having difficulty in recording his Certificate of
Compliance.
Christine Shingleton, Director of Community Development, replied
that staff had been working with the County Recorder's office in
an attempt to resolve the problem and staff would continue to
assist residents who experienced a problem completing the
recordation.
10. STATUS REPORT - I-5 FREEWAY WIDENING, JAMBOREE ROAD AND EASTERN
TRANSPORTATION CORRIDOR
Mayor Kennedy requested a staff report on road closures and the
impact upon the City when the I-5 Freeway was widened. She also
requested updates on Jamboree Road and Eastern Transportation
Corridor. Staff responded the report would be agendized at the
September 5, 1989 City Council meeting.
11. NON -HISTORICAL STATUS OF PACIFIC MEAT COMPANY BUILDING
Mayor Kennedy clarified that the City Council had never
considered or determined an historic designation for the Pacific
Meat Company building as was incorrectly reported in local
newspapers during coverage of the fire.
12. JOINT MEETING WITH PARKS AND
City Council was unable to select a mutual date to meet with
the Parks and Recreation Commission during the month of
CITY COUNCIL MINUTES
Page 12, 8-7-89
September. Staff to submit possible dates in October after
conferring with the Parks and Recreation Commission.
13. TUSTIN VILLAGE WAY HOMEOWNERS, I-5/55 INTERCHANGE CONSTRUCTION
Mayor Kennedy said the Tustin Village Homeowners' Association had
expressed their continuing concern regarding the impact of 1-
5/55 Freeway flyovers, land acquisition and sound walls. She
requested staff respond to Charles Farnham, president of the
homeowners' association.
14. ILLEGAL IMMIGRANTS DEPARTING TRAINS AT TUSTIN MEADOWS
Mayor Kennedy had received a report that numbers of apparent
illegal immigrants were departing freight trains adjacent to
Tustin Meadows at 6:30 a.m. and adversely effecting area
residents and their property. She requested Council forward a
letter to the Immigration and Naturalization Service for
assistance.
Following City Council discussion as to whether this was a
Federal or local issue, Council concurred to direct the Police
Department to investigate and take appropriate action.
XVI. CLOSED SESSION
Mayor Kennedy announced the City Council would recess to Closed
Session to (1) decide whether to file legal action against the City
of Santa Ana regarding the proposed Birtcher Development pursuant to
Government Code Section 54956.9(c), and (2) litigation had been
formally initiated to which the City was a party; the title of said
litigation was Nakahara vs. City of Tustin and said Closed Session
was held pursuant to Government Code Section 54956.9(a).
At 9:30 p.m, the meeting recessed to the Redevelopment Agency, then;
to a reception for Police Chief Franks, then to the above Closed
Session, and then adjourned in memory of Maria Reygosa to a joint
meeting with the Planning Commission on Tuesday, August 15, 1989, at
5:30 p.m., and then to the next Regular Meeting on Monday, August 21,
1989, at 7:00 p.m.
XVIII. FOLLOWING CLOSED SESSION - SANTA ANA BIRTCHER XEROX CENTRE PROJECT
Following Closed Session, it was moved by Edgar, seconded by Kennedy,
to authorize Mayor Kennedy and Mayor Pro Tem Edgar to meet with
representatives of the Santa Ana City Council regarding the Birtcher
Xerox Centre Project and authorize the City Attorney to initiate
legal proceedings against the final EIR for said project.
The motion carried 5-0.
MAYOR
TY CIE
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