HomeMy WebLinkAboutCC MINUTES 1989 04 03MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
APRIL 31 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.
SII. INVOCATION
The Invocation was given by Don Wright, Pastor of the Tustin
Presbyterian Church.
III. 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
Fred Wakefield, Acting Chief of Police
Robert Ledendecker, Director of Public Works
Royleen White, Dir./Community & Admin. Services
Ronald A. Nault, Finance Director
Steve Rubin, Senior Planner
Valerie Whiteman, Deputy City Clerk
Approximately 170 in the audience
IV. PROCLAMATION - PUBLIC SCHOOLS WEEK, APRIL 2-8, 1989
Mayor Kennedy read and presented a proclamation to Pete Petersen,
representing Tustin Masonic Lodge No. 241. The proclamation declared
the week of April 2-8, 1989 as "Public Schools Week" and urged
citizens to rededicate themselves toward continuation and perfection
of the public school system.
V.
Pete Petersen introduced Robert Little, Master of Tustin Masonic
Lodge No. 241 and other Lodge members, Joe Presutti, Jesse Berry and
William O'Connor. Robert Little said the theme for the week would
be "Public Schools - Learning for Living, A Place to Stop Drug Abuse"
and thanked Council for the proclamation. 84
I. CRAS SLIDE PRESENTATION REGARDING JOINT USE OF MARINE BASE
Steve Rubin, Senior Planner, introduced David Paine, representing
the Coalition for Responsible Airport Solution. Mr. Paine gave
a background report on his organization and a 15 -minute slide
presentation regarding the negative impact of joint use or full
commercial use of the Marine Corp Air Station, E1 Toro.
7 2. SANTA ANA FREEWAY TRAFFIC SYSTEMS MANAGEMENT PLAN
Albert Miranda, Caltrans District 12 Chief of Public Information,
gave a presentation on Caltrans' Public Awareness Campaign which
will assist and inform area residents/commuters effected by the
widening of the Santa Ana Freeway.
VI. PUBLIC HEARING - None
VII. PUBLIC INPUT
1. DIAMOND LANES
Carole Bryant, 15500 Tustin Village Way, Tustin, addressed the
Council regarding her opposition to diamond lanes.
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%I. OLD BUSINESS (AGENDA ORDER)
2. RESOLUTION NO. 89-38 REGARDING ABORTION
Mayor Kennedy requested, with Council concurrence, this item be
taken out of agenda order.
Councilman Prescott requested the following Resolution No. 89-
38 be read in its entirety:
RESOLUTION NO. 89-38 - A RESOLUTION OF THE CITY COUNCIL OF THE _
CITY OF TUSTIN, CALIFORNIA, OPPOSING ABORTION AND PETITIONING THE
UNITED STATES SUPREME COURT TO REVERSE ROE VS. WADE
Following the reading of Resolution No. 89-38 by the City Clerk,
Mayor Kennedy instructed the audience on procedures for
addressing the Council.
The following members of the community spoke in favor of
Resolution No. 89-38:
Mark Bachan, 234 Preble Drive, Tustin
Phyllis Petty, 14602 Hyannis Port, Tustin
Forrest Ricker, 1820 E. Meats, Orange
Lawrence Luppi, 23961 Calle De Camagdalena, Laguna Hills
Sue Boatright, 275 E. Sixth Street #107, Tustin
Brad Hamel, 7233 Loma Verde #204, Canoga Park
Sandy Goldstein (no address given)
Leo Celano, 1042 Star Route, Orange
Karen Kelly, 16791 Main Street #21, Tustin
Shelley Burke, 670 W. Third Street, Tustin
Sheila Smith, 15560 Tustin Village #36, Tustin
Cathy Sullivan, 10242 Finchley Avenue, Westminster
Dale Jones, 1782 Nisson Road #114, Tustin
McCready Johnston, 11911 Red Hill, Tustin
Lisa Maloney, 1782 Nisson Road #62, Tustin
Bob Shelly, 253 Sandpiper Circle, Orange
Sean Dodds, 15541 Williams #D17, Tustin
Robbie Hatley, 340 E. Second St. #9, Tustin
Ed Marestaing, 24581 Sadaba, Mission Viejo
Randy Wolf, 17272 Roseleaf, Tustin
Tina Wells, 4515 W. Chapman, Orange
The following members of the community spoke in opposition to
Resolution No. 89-38:
Ruth Harmon, 13271 Fairmont Way, Santa Ana
Jan Clark -George, 12550 Wedgwood, Tustin
Jeanette Reese, 12526 Wedgwood, Tustin
Lori Souder, 611 Heliotrope, Corona Del Mar (letter read by
City Clerk)
Rowene Medina, 1791 Sirrine Drive, Santa Ana
Margie Fites Seigle, 12771 Elizabeth Way, Tustin
Stanley van den Noort, 17592 Orange Tree, Tustin
Barbara Simon, 13224 Newport #25A, Tustin
Susan Yedor, 1622 Sierra Alta, Santa Ana
Patricia Powell, 10392 Strand Terrace, Santa Ana
Jack Miller, 17352 Parker Drive, Tustin
Faith Parsons, 12901 Bubbling Well Road, Santa Ana
Harry Lerner, 1322 Walnut #108, Tustin
Donna Wolf (no address given)
Stacy McDaniel, 3834 Lemon Avenue (no City given)
Linda Schwarz, 12011 Theta Road, Santa Ana
Karla Bell, Newport Beach
Tomydan Jordan, 170-1/2 Del Mar Avenue, Costa Mesa
Loyola Seymour, 12952 Hickory Branch, Santa Ana
Councilman Prescott stated a Council meeting was a very
appropriate forum to debate this issue of life and death and took
exception to those that felt otherwise. If the issue of abortion
could not be debated in this forum, where could it be debated.
It should not be discussed only at the Federal level, but the
debate should also occur at the local level where those effected
can express their feelings. He urged Councilman Hoesterey to
support the Resolution.
CITY COUNCIL MINUTES
Page 3, 4-3-89
Mayor Pro Tem Edgar commented that he had lived what he
considered a moral life with a strong church affiliation, but had
deliberately withheld his feelings on abortion because it was a
personal matter. He believed the electorate supported him
because he had knowledge of and understood the issues that
directly related to the City and the issue of abortion did not
belong on a City Council agenda.
Councilman Hoesterey said from a personal standpoint he was
opposed to current practices concerning abortion, however, as an
elected City Councilman he was required to make a decision as a
� 1 member of a governmental body, not as an individual. After
considerable and thoughtful consideration, as a Councilmember
he would not support the Resolution.
Councilman Kelly said that as elected public officials, charged
under the Constitution and the clause "public health and
welfare", the Council had an obligation to discussion this issue
and certainly the live birth of humans was very worthy of
discussion. Everyone began life as a fetus and that was why he
believed, as public officials, the Council should take this
action and he was fully supportive of the Resolution.
It was moved by Kelly, seconded by Prescott, to adopt Resolution
No. 89-38.
Mayor Kennedy felt the issue of abortion was complex and tragic
beyond understanding and belief. When elected to the Council
eleven years ago, she understood from the electorate that her
jurisdiction involved the City of Tustin and her duty was to
provide citizens with City services, police protection, street
maintenance, traffic monitoring, land planning, parks, special
events, and development control. Each Councilmember, as an
individual and private citizen could support or not support
abortion, but she could not support an issue that had nothing
to do with the City of Tustin.
The motion failed 2-3, Kennedy, Edgar and Hoesterey opposed. 81
XI. OLD BUSINESS (AGENDA ORDER)
S. RESOLUTION NO. 89-46 REGARDING DOCTORS FAMILY PLANNING
Mayor Kennedy requested, with Council concurrence, that this item
be taken out of agenda order.
Mayor Kennedy stated Council had been informed by the City
Attorney and lawyers representing the subject business that
Council had taken actionable, tortious and other legal jeopardy.
It was moved by Kennedy, seconded by Edgar, that this subject be
tabled without further discussion under Robert's Rules of Order.
The motion carried 3-2, Kelly and Prescott opposed. 81
The meeting was recessed at 9:35 p.m. and reconvened at 9:48 p.m.
VIII. CONSENT CALENDAR
It was moved by Hoesterey, seconded by Edgar, to approve the Consent
Calendar. The motion carried 5-0.
1. APPROVED MINUTES - MARCH 20, 1989, REGULAR MEETING
2. APPROVED DEMANDS IN THE AMOUNT OF $2,224,716.85
RATIFIED PAYROLL IN THE AMOUNT OF $201,411.87 50
3. RESOLUTION NO. 89-46 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CALLING FOR THE INSTALLATION OF STOP
SIGNS AT: (1) SECOND STREET & "A" STREET AND (2) SECOND STREET
& PACIFIC STREET
Adopted Resolution No. 89-46 calling for the installation of
the above stop signs. 94
CITY COUNCIL MINUTES
Page 4, 4-3-89
4. TRAFFIC ANALYSIS FOR THE WEST LEG TRANSITION AREA OF THE EASTERN
TRANSPORTATION CORRIDOR
Authorized City's participation in the preparation of a
subarea traffic model for the Traffic Analysis of the West Leg
Transition Area of the Eastern Transportation Corridor and
authorized a supplemental 1988-89 budget appropriation in the
amount of $5,000.00 for Tustin Is share of the total cost. 100
IX. ORDINANCES FOR INTRODUCTION - None
X. ORDINANCES FOR ADOPTION
\ 1. AMENDMENTS TO TUSTIN CITY CODE RELATED TO GRADING AND EXCAVATION,
ORDINANCE NO. 1018
It was moved by Hoesterev seconded by Edgar, that Ordinance No.
1018 have second reading by title only. The motion carried
55=0. Following second reading by title only of Ordinance No.
1018 by the City Clerk, it was moved by Hoesterev, seconded by
Edgar, that Ordinance No. 1018 be passed and adopted as follows:
ORDINANCE NO. 1018 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 8
OF THE TUSTIN CITY CODE TO ADOPT PROVISIONS RELATING TO GRADING
AND EXCAVATION
The motion carried 5-0. (Roll call vote)
XI. OLD BUSINESS
E 314
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 receive and file
subject report and authorize the Mayor to execute the Joint
Policy Memorandum supporting ASC efforts to reach a consensus on
a second commercial airport site convenient to orange County,
subject to condition that the City of Tustin is opposed to full
or joint commercial use of the U.S. Marine Corp Air Station, E1
Toro.
Christine Shingleton, Director of Community Development,
requested a correction regarding paragraph 4 of the Joint Policy
Memorandum. She noted that the City of Irvine and other cities
had requested that the subject condition contained in paragraph
4 be transmitted separately and she suggested the recommended
action be modified accordingly.
Following Council discussion regarding inclusion of the subject
condition, Mayor Kennedy clarified, as an addition to the motion,
that the Joint Policy Memorandum from the City of Tustin executed
by the Mayor would have reference to an attached condition that
the City of Tustin is opposed to full or joint commercial use of
the U.S. Marine Corp Air Station, E1 Toro.
The motion carried 5-0. 101
2. RESOLUTION NO. 89-38 ABORTION
Please see Page 2.
3. 195 MAIN STREET
It was moved by Hoesterev seconded by Edgar, to receive and file
subject report.
Christine Shingleton, Director of Community Development, informed
Council that staff had met with Mr. Zahn, tenant_ at 195 Main
Street, on March 29, 1989, with staff and Mr. Zahn agreeing to
conditions for extending the time frame for completion of work.
Staff had no further contact from Mr. Zahn nor had the promised
letter of agreement been received from him. She recommended that
CITY COUNCIL MINUTES
Page 5, 4-3-89
XII.
staff proceed with the actions outlined in the Community
Development memorandum dated April 3, 1989.
Councilman Prescott questioned why the fee owner was not held
responsible.
Christine Shingleton, Director of Community Development,
responded that the fee owner had been notified, however, the
tenant improvements had been installed illegally by Mr. Zahn and
he was in violation of Building Codes.
William Huston, City Manager, further explained that Mr. Zahn,
as a licensed contractor, was very familiar with Building Codes
and requirements for building improvements. The recommended
staff action would entail posting the property as uninhabitable,
it would not require corrective construction measures.
The motion carried 5-0.
81
4. AMENDMENT TO LETTER OF UNDERSTANDING CONCERNING THE COMMUNITY
PARK FOR THE TUSTIN RANCH COMMUNITY
It was moved by Hoesterev, seconded by Edgar, to authorize the
City Manager to execute a modification to the March 11, 1989
letter of understanding with the Irvine Company.
The motion carried 5-0.
5. RESOLUTION NO. 89-46
Please see Page 3.
NEW BUSINESS
1. LASER PRINTER PURCHASE
DOCTORS FAMILY PLANNING
45
It was moved by Hoesterev, seconded by Edgar, to authorize the
expenditure of $20,699.89 of budgeted funds for the purchase of
a Hewlett Packard Laser Jet 2000 Forms Printer and Paper Stacker
from Hewlett Packard Corporation, 2100 Muirlands Avenue, Irvine,
California.
The motion carried 5-0.
82
2. SIGN CODE EXCEPTION NO. 89-1 FOR TEMPORARY SIGNS IN THE TUSTIN
AUTO CENTER
Christine Shingleton, Director of Community Development, notified
Council that the Tustin Auto Dealer's Association had requested
this item be removed from the agenda.
It was moved by Hoesterev, seconded by Kennedy, that Resolution
No. 89-45 be removed from the agenda and no action be taken. The
motion carried 5-0. 93
3. WORKSHOP FOR CIVIC CENTER PROJECT
Councilman Prescott requested assistance from the press in
notifying the public of the Civic Center Project Workshop.
Council concurred to hold the workshop on May 4, 1989, at 7:00
p.m. in the Council Chambers. 39
4. CITY OF TUSTIN ADDRESS AND ZIP CODES FOR NEWLY ANNEXED
TERRITORIES
Gerald Feldman, 13191 Wickshire Lane, Tustin, representing the
Bellewick Community Association, informed Council that he had
received incorrect information when he stated that the area near
17th Street and Prospect Avenue had received a Tustin address/zip
code. He again cited problems with delivery of mail when
serviced through the Santa Ana Post Office.
CITY COUNCIL MINUTES
Page 6, 4-3-89
Mayor Pro Tem Edgar noted the basic inefficiency of service
through a post office not located within the City and reported
three specific areas in the northern part of the City with a
Santa Ana address/zip code: (1) Arbo-Lada Way and Fiesta Way;
west of Prospect, (2) Prospect Avenue, Santa Clara Avenue,
Laurinda Way, and Flint Drive; south of Santa Clara and west of
Prospect and (3) the west side of Yorba Street; south of Santa
Clara Avenue. He suggested writing letters detailing the
inefficiency of service through the Santa Ana Post Office,
specifying 92705 islands within the City that are surrounded by
92680 zip codes and continue to write letters until the situation
was resolved.
Mayor Kennedy suggested that Mayor Pro Tem Edgar chair a
committee, with Mr. Feldman and the Mayor assisting, to oversee
the task of changing addresses/zip codes of the annexed areas.
Council concurred. 24
AUDIT COMMITTEE VACANCIES
It was moved by Kennedy, seconded by Hoesterev, to appoint
alternate Walt Sullens as a permanent member of the Audit
Committee and direct staff to advertise for applicants.
The motion carried 5-0.
Mayor Kennedy requested assistance from the press in notifying
the public of the Audit Committee vacancies. 27
6. SEMI-AUTOMATIC WEAPONS
Fred Wakefield, Acting Chief of Police, reported to the Council
that the subject of duty weapons for police officers was a
personal issue and had been debated for several years. He said
a committee had recently been established consisting of police
officers and supervisors to review all aspects of the duty weapon'
issue. The committee would be submitting a report and a.
recommendation within the next 2-3 months. He requested that the
committee be allowed to continue their task and the information
be utilized in making a final decision.
It was moved by Edcrar, seconded by Hoesterev, to receive and file
subject report. The motion carried 5-0. 82
7. AGREEMENT FOR CERTAIN CITY STREET IMPROVEMENTS AS MITIGATION
MEASURES FOR CALTRANS CONSTRUCTION
It was moved by Hoesterey, seconded by Edgar, to approve the
Cooperative Agreement No. 12-028 between Caltrans and the City
of Tustin with deletion of Improvement No. 6 in Stage I as shown
on Exhibit "A" and authorize the Mayor to execute said Agreement
subject to final approval by the City Attorney's office, and
authorize a supplemental 1988-89 budget appropriation in the
amount of $19,000.
Mayor Pro Tem Edgar commented on the pending traffic problems
due to extensive Santa Ana/Costa Mesa freeway improvements and
the approximate $500,000 which will be received from Caltrans for
mitigation improvements.
Council/staff discussion followed regarding increased traffic,
on Main Street and Bryan Avenue; notifying community of complete',
street closures of portions of Fourth Street, Irvine Boulevard
and First Street; Caltrans compensation to area businesses for
loss of revenue; and City monitoring of construction scheduling.
Robert Ledendecker, Director of Public Works, will request
Caltrans to conduct a presentation focused on the street closure
concerns and their impact upon residents and businesses.
The motion carried 5-0. 45
CITY COUNCIL MINUTES
Page 7, 4-3-89
S. REQUEST FOR WAIVER OF STREET DEDICATION REQUIREMENTS
It was moved by Hoesterey, seconded by Edgar, to grant a waiver
of the street dedication requirement along Sycamore Avenue for
the property located a 14732 Charloma Drive.
The motion carried 4-0, Kelly abstained. 95
9. AGENDAS AND AGENDIZING
Councilman Kelly stated this item was preposterous, an attempt
to completely control the agenda and limit the healthy exchange
of ideas. He said it was the prerogative of each Councilmember
to agendize any subject.
It was moved by Kelly. seconded by Prescott, to table this issue.
Councilman Hoesterey responded that this subject was placed on
the agenda with Council consensus and that is what he wanted to
occur in the future with all agenda items. He said the City
Council, acting as a governmental body, had been placed in severe
jeopardy because of certain topics placed on the agenda and, as
a body of five members, should decide what subjects would or
would not be placed on the agenda.
Councilman Prescott felt the right of free speech was being
extremely threatened and said every member of the Council had the
right to agendize any item. He implored the Council not to
endanger the process which allowed free debate.
Mayor Pro Tem Edgar stated tonight's agendizing of Old Business
Items No. 2 and 5 was a misuse of priorities and those items
should not have been placed on the agenda. He was apprehensive
about a "gag rule" but when that opportunity was misused he felt
the Council should not be manipulated into having subjects on the
agenda that were irrelevant to the Tustin City Council.
The following members of the community spoken in opposition to
the proposed policy:
Harry Lerner, 1322 Walnut #108, Tustin
Mark Bachan, 234 Preble Drive, Tustin
Mayor Kennedy said tonight she had seen abuse of the Council dias
greater than she had ever witnessed. It was not appropriate for
a Councilmember to agendize an issue they feel is personally very
important, expending valuable Council and staff time, when the
Council had absolutely no jurisdiction and no right to speak as
a body.
As a substitute motion, it was moved by Kennedy, seconded by
Hoesterev, to continue this item and the Mayor to meet
individually with each Councilmember in an attempt to reach a
compromise.
The motion carried 3-2, Kelly and Prescott opposed. 38
10. DEFINITION OF TUSTIN RANCH GOLF COURSE
It was moved by Edgar, seconded by Kennedy, that staff, through
open discussion, reach an agreement with the Irvine Company
regarding the public's accessibility to the Tustin Ranch Golf
Course.
The motion carried 5-0. 81
11. AIRPORT SITE COALITION
It was moved by Hoesterey, seconded by Edgar, to continue this
item until placed on the agenda by Clarence Turner, Vice
President of the Airport Site Coalition.
Councilman Kelly said he would not consider contributing funds
to the Coalition. He believed private airlines and other
CITY COUNCIL MINUTES
Page 8, 4-3-89
interested parties should donate the funds rather than City
government.
Councilman Hoesterey did not feel it benefited the citizens of
Tustin to participate in the Airport Site Coalition.
Mayor Kennedy thought the Coalition was very effective in
maintaining curfews and providing alternatives to phase out
aircraft with excessive noise.
As a substitute motion it was moved by Kelly, seconded by!
Prescott, to table this item.
The motion carried 4-1, Kennedy opposed. 101
XIII. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - MARCH 27, 1989
It was moved by Hoesterev, seconded by Edaar, to ratify the
Planning Commission Action Agenda of March 27, 1989. The motion
carried 5-0. 80
XIV. PUBLIC INPUT
1. OLD TOWN TUSTIN HOME TOUR
Ruth Harmon, 13271 Fairmont Way, Santa Ana, invited the Council
and the public to attend the Old Town Tustin Home Tour on
Saturday, April 8, 1989, from 9:00 a.m. to 5:00 p.m.
2. TRAFFIC SIGNAL AT BROWNING AND BRYAN AVENUES
Gerald Feldman, 13191 Wickshire Lane, Tustin, questioned when a
traffic signal would be installed at the intersection of Browning,
and Bryan Avenues.
Robert Ledendecker, Director of Public Works, said request to
advertise for bid on the traffic signal at that intersection
would be submitted for Council approval on May 1, 1989.
XV. OTHER BUSINESS
1. FLOWERING TREES ON EL CAMINO REAL
Mayor Pro Tem Edgar commented on the beautiful flowering trees
on E1 Camino Real.
2. NOTIFICATION TO RESIDENTS REGARDING SANTA FE RAILROAD
CONSTRUCTION PROJECT
Mayor Kennedy noted that staff will be forwarding letters to
residents regarding construction of the railroad tracks in the
area of Edinger Avenue between McFadden and Harvard Avenues.
The project will commence on April 2, 1989, for approximately
four months and will take place between the hours of 8:30 p.m.
and 5:30 a.m.
3. REQUEST TO DONATE EMERGENCY SHELTER ASSISTANCE
Mayor Kennedy had received a letter from Supervisor Stanton
requesting the City consider donating emergency shelter'
assistance. She requested the matter be agendized at the May 1,
1989, Council meeting. Council concurred.
4. HELICOPTER NOISE
Councilman Kelly was concerned about noise from the Marine Corp
Air Station helicopters and suggested forwarding a letter to the
House/Arms Services Committee supporting the purchase of the new
V-22 Osprey, the tilt rotor aircraft.
CITY COUNCIL MINUTES
Page 9, 4-3-89
5. RUDENESS TO COUNCIL DISPLAYED BY TUSTIN POLICE OFFICERS
ASSOCIATION
Councilman Kelly commented on the conduct of members of the
Tustin Police Officers Association at the March 20, 1989, Council
meeting and said their display of disrespect and rudeness toward
the Council was intolerable.
XVI. CLOSED SESSION
Mayor Kennedy announced that the City Council would recess to Closed
Session to consider personnel matters pursuant to Government Code
Section 54957.
XVII. ADJOURNMENT
At 11:05 p.m., the meeting recessed to the Redevelopment Agency, then
to the above Closed Session, and then adjourned to interviews of
Planning Commissioner applicants on Monday, April 17, 1989, at 5:00
p.m., and then to the next Regular Meeting on Monday, April 17, 1989,
at 7:00 p.m.
XVIII. ACTION FROM CLOSED SESSION
Following the Closed Session, it was moved by Kennedy, seconded by
Edgar, to adjust the City Manager's salary to $7,568.00 per month
effective January 1, 1989 and $7,973.00 per month effective July 1,
1989. The motion carried 5-0.
MAYOR
CITY •LERK