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HomeMy WebLinkAboutCC 1 MINUTES 10-02-98h ETES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUGUST 21, 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 Kelly. II. INVOCATION The Invocation was given by Henry Sellers, Pastor of the First Baptist Church of Tustin. 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: 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 Ronald A. Nault, Finance Director Royleen White, Dir./Community & Admin. Services Susan Jones, Recreation Superintendent Valerie Whiteman, Deputy City Clerk Approximately 60 in the audience IV. PROCLAMATION - COLONEL ROBERT F. WEMHEUER, M.C.A.S. TUSTIN Mayor Kennedy read and presented a proclamation to Colonel Robert F. Wemheuer, Commander of the Marine Corps Air Station, Tustin, upon his retirement from the service of the citizens of Tustin, the State -- and nation on August 4, 1989. Colonel Wemheuer thanked the City Council and said it had been a privilege to have the opportunity, both professionally and personally, to know the members of the City Council ands to participate in community events. V. PUBLIC HEARING - None V -T-1 PUBLIC INPUT 1. TUSTIN VILLAGE WAY, I-5/55 FREEWAY INTERCHANGE Donna Wilson, 15500-117 Tustin Village Way, Tustin, expressed her concerns with the interchange which included: lack of a sound wall prior to the start of construction which the homeowners felt had been promised to them, need for additional support from the City Council, extensive road construction/closures in the area, and lack of communication from Caltrans. Mayor Kennedy reported that staff would be writing a formal request for information regarding the I-5/55 interchange to Caltrans and providing a report outlining street closures due to the I-5/55 widening. Both of these subject matters would be agendized at the September 5, 1989 City Council meeting. Council discussion followed regarding timeline for construction of the sound wall. Charles Farnham, President of the Tustin Village Way Homeowners' Association, clarified that when the homeowners discussed the problem of sound mitigation with Caltrans, prior to any knowledge of a flyover, they had received a promise of a wall that would be installed prior to construction. CITY COUNCIL MINUTES Page 2, 8-21-89 Council discussion followed regarding the flyover structures, phases of construction and timeline for sound wall installation. Mayor Kennedy directed staff to question Caltrans as to what noise/pollution mitigating measures could be taken between construction Phases 2 and 3 to alleviate current problems experienced by the homeowners and clarify precisely what were the commitments made to the homeowners. 2. FINAL INSPECTION/OCCUPANCY PERMIT - CMS ENHANCEMENTS, INC. Dick Rupe, 18259 Muirwoods Ct., Fountain Valley, representing CMS Enhancements, Inc., reported problems he had encountered during attempts to meet Orange County Fire Department and City Code requirements to receive a final building inspection/occupancy permit. Christine Shingleton, Director of Community Development, responded that she would meet with the speaker personally and assist in resolving the issues. 3. EL CAMINO REAL - UNSATISFACTORY CONDITION OF PROPERTIES AND AREA Helen Lawrence, 17421 Laurie Lane, Tustin, owner of property at 181 El Camino, expressed her concerns regarding the decay on E1 Camino Real between First and Third Streets. She cited vacant buildings, an abandoned house, odor and condition of burned Pacific Meat Co. building, transients, vandalism and crime. She urged the City Council to take necessary measures to beautify the area. Christine Shingleton, Director of Community Development, reported that the owner of the Pacific Meat Company had been noticed requiring that the property be demolished within 30 days or that plans be submitted for renovation of the building. Council/staff discussion followed regarding timeline for response to the City's notice and the lien upon the property incurred during clean up. Mayor Kennedy suggested that staff conduct a survey of El Camino Real which would include fire inspection of buildings, transients, and the crime rate, and agendize for the September 51 1989 City Council meeting. Council concurred. Council/staff discussion followed regarding the status of filing misdemeanor criminal action against the owner of the property at 170 El Camino Real which had been approved by the City Coupcil on July 17, 1989. . 4. CONCERNS OF GREEN VALLEY DRIVE RESIDENTS - Berklee Maughan, 14331 Green Valley, Tustin, representing residents of Green Valley Drive, presented the following three problems to the City Council: (1) police vehicles parked in red zone that obstructed view of traffic when exiting Green Valley on to Mitchell, (2) submitted petition requesting change of no parking signs for street sweeping and (3) submitted petition requesting exemption, as was granted through a variance issued by the County prior to City annexation, from citations for parked vehicles that extend beyond the driveway. He suggested that the City Council establish, by Resolution, for one year, a Tustin City Problem Resolution Center composed of volunteer residents to address problems of citizens who had been unable to resolve issues by working with the City staff. Christine Shingleton, Director of Community Development, noted the subject area had been recently annexed and apparently there had been a variance granted by the County that reduced the front yard set -back requirements. The variance related to private property and did not preclude enforcement action against individuals for vehicle code violations. Doug Franks, Police Chief, stated the residents were correct in that police vehicles were inappropriately utilizing the red zone between Green Valley/Red Hill and the Police Department had taken corrective action. Regarding the matter of vehicles protruding CITY COUNCIL MINUTES Page 3, 8-21-89 into the public right-of-way, police records indicated that few citations had been issued but if it was a hazard, police officers would issue citations. Councilman Prescott requested the concerns of no parking during street sweeping, driveway parking variance and the establishment of a Tustin City Problem Resolution Center be agendized as soon as staff could obtain the necessary information. Council concurred. 5. LEFT TURN LANE, BICYCLE LANES - YORBA STREET Bruce Traywick, 14651 Pacific Street, Tustin, expressed his concerns with traffic on Yorba Street, between Irvine Boulevard and Seventeenth Street and noted his recommendations for traffic control that had been previously submitted to the City. He suggested the installation of a left -turn lane on Yorba Street, creation of bicycle lanes, and unnoticeable police radar patrol. Mayor Kennedy requested the speaker's concerns and suggestions be agendized. Council concurred. VII. CONSENT CALENDAR Councilman Prescott and Julie Martens, 13261 Woodland Drive, Tustin, removed Consent Calendar Item No. 3 and Mayor Kennedy removed Item No. 9. It was moved by Kelly, seconded by Edgar, to approve the remainder of the Consent Calendar. The motion carried 5-0. 1. APPROVED MINUTES - AUGUST 71 1989, REGULAR MEETING 2. APPROVED DEMANDS IN THE AMOUNT OF $723,492.73 RATIFIED PAYROLL IN THE AMOUNT OF $202,808.08 4. APPOINTMENT OF HOUSING AUTHORITY COMMITTEE REPRESENTATIVES Appointed Beth Schoemann, Associate Planner, as the representative and Anne Bonner, Planning Technician, as the alternate to the Orange County Housing Authority Committee. 5. VESTING TENTATIVE TRACT MAP 13835 RESOLUTION NO. 89-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT 85-2 FOR THE EAST TUSTIN SPECIFIC PLAN, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA, IS ADEQUATE -TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 1..835 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Approved the Environmental Determination for the project by adopting Resolution No. 89-123; and RESOLUTION NO. 89-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 13835 TO AUTHORIZE A 282 DWELLING UNIT RESIDENTIAL CONDOMINIUM PROJECT LOCATED ON LOT 19 OF TRACT 12870 Approved Vesting Tentative Tract Map 13835 by adopting Resolution No. 89-124, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 2638. 6. JAMBOREE ROAD EXTENSION (EDINGER AVENUE TO BARRANCA PARKWAY); RIGHT OF ENTRY/MEMORANDUM OF UNDERSTANDING Approved the Right of Entry and Memorandum of Understanding with The Irvine Company, for construction purposes upon Jamboree Road Right -of -Way held by The Irvine Company, and authorized the Mayor to execute said Memorandum of Understanding. 7. RESOLUTION NO. 89-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR CONSTRUCTION OF THE TUSTIN AREA SENIOR CENTER Accepted the public improvements constructed by Construction Architects, Inc. at Peppertree Park by adopting Resolution No. 89-122 and authorizing the City Clerk to file the Notice of Completion with the County Recorder. CITY COUNCIL MINUTES Page 4, 8-21-89 8. RESOLUTION NO. 89-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING A SIGN CODE EXCEPTION FOR RICOH FOR THE PURPOSES OF DISPLAYING A 40 SQUARE FOOT CORPORATE LOGO FLAG AT 1231 WARNER AVENUE Approved a Sign Code Exception authorizing Ricoh to display a flag bearing its corporate logo at 1231 Warner Avenue by adoption of Resolution No. 89-1251 subject to conditions contained therein, as submitted or revised. Consent Calendar Item No. 3 - RESOLUTION NO. 89-115 CONCERNING PROPERTY AT 13271 WOODLAND DRIVE Councilman Prescott said he had viewed the subject property and requested the City Council refrain from declaring a Public Hearing date until the Orange County Health Department could complete an inspection and submit a report to the Council. Christine Shingleton, Director of Community Development, submitted current photographs of site conditions and stated there was a concern of both health and safety hazards. From a standpoint of obtaining all pertinent information reeding to be addressed in the noticing for a future public hearing, she stated it might be appropriate to authorize the County Health Department to conduct an inspection. Councilman Hoesterey favored setting the Public Hearing and then, if necessary, have the subject continued; he felt to delay further was not in the best interest of the owner or the neighborhood. Christine Shingleton clarified that the action on the Public Hearing would relate to only those items for which the City had already issued notice. The Health Department would have their own legal abatement procedure and the Health Department's information could not be included as an additional City abatement measure. Councilman Kelly stated, upon viewing the photographs, that the site was offensive but perhaps the human frailty aspect was being overlooked. It was moved by Prescott, seconded by Ed ar, to continue the matter until after the County Health Department's inspection and staff to resubmit a report reflecting the County Health Department findings for Council review or action. Julie Martens, 13261 Woodland Drive, Tustin, stated it had been a 20 - year effort attempting to clear the property and she submi#ted photographs for Council review. The motion carried 5-0. Consent Calendar Item No. 9 - RESOLUTION NO. 89-126, STOP SIGN PLACEMENT AT ALDER/FIG TREE AND BROWNING/SIERRA VISTA INTERSECTIONS Mayor Kennedy questioned why a request for stop sign placement had been submitted for Council action without a staff report or warrants. Robert Ledendecker, Director of Public Works, responded that both locations were automatic stop sign T -intersection placements and did not require the usual warrant process. Council/staff discussion followed regarding the effect on area residents, precise location of stop signs and reason for the stop signs. It was moved by Kennedy, seconded by Edgar, to approve the following: RESOLUTION NO. 89-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING PLACEMENT OF CERTAIN STOP SIGNS Adopted Resolution No. 89-126 authorizing the placement of stop signs at Alder/Fig Tree and Browning/Sierra Vista intersections. The motion carried 5-0. CITY COUNCIL MINUTES Page 5, 8-21-89 II. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 1027 - COUNCIL REORGANIZATION Mayor Kennedy explained that Ordinance No. 1027 did not include a staff report and Councilman Kelly had submitted the Ordinance as the final City Council agenda was being prepared. There was no information as to the origin of the Ordinance what other Cities had adopted it and their reasons for doing so. She noted that Councilman Kelly was proposing that the Mayor Pro Tem always become the Mayor and Councilman Kelly would be the next Mayor Pro Tem according to his Ordinance. He would serve for 9 months and 10 days and she questioned the meaning of the unusual service time. Councilman Kelly stated he was not rigid as to the structure of the rotation and he was willing to be placed last on the rotation list. He noted that most cities used a mutually agreed upon rotation plan, however, in cities with a division of political power, the political majority wished to rotate the Mayor's position only amongst themselves, as was done in Tustin. He wanted a fair system and disagreement within the Council on several issues was not a reason to deprive a Councilmember of the opportunity to be Mayor. To have a mandatory rotation where every Councilmember had the right and opportunity to hold the mayoral position was very fair and beneficial to future Councilmembers. He thought Ordinance No. 1027 should be enacted because there was a definite lack of ethics regarding the rotation of the Mayor's position. It was moved by Kelly, seconded by Prescott, that the following Ordinance No. 1027 have first reading by title only and be introduced: ORDINANCE NO. 1027 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COUNCIL REORGANIZATION Councilman Prescott said this was a common ordinance used by many cities having divided Councils and it would assist in collegiality on the Tustin City Council. Mayor Pro Tem Edgar thought that one of the challenges of a Councilmember was commitment to the well-being of the City. A critical element of that commitment was that an individual would work toward achievements for the City, display the talent of working together in a positive way, and subordinate personal interests for the good of the community in order to receive a consensus vote of the Council to become Mayor. When those commitments were not forthcoming and to automatically achieve the mayor's position, whether it had been earned or not, was, in his judgement, unacceptable. Mayor Kennedy commented that no one had waited longer to become Mayor of the City than herself and she had learned a valuable lesson from her associates on the Council: it was acceptable to be independent but as Mayor you must respect and represent the views of others and understand that you represent, not yourself, but a majority of the City Council. Even though she had waited almost 7 years to serve as Mayor, she favored a system which stated that if you did not have a vote of confidence from two fellow Councilmembers, you did not deserve to hold the mayoral position. She said she could not support awarding this important position to someone who had not proven they were mature and serious enough about the issues of Tustin to receive the necessary votes. 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 with the City Council as well as his peers at the regional level. The Council was a political body CITY COUNCIL MINUTES Page 6, 8-21-89 operating the City by votes of three, four or five and one of the decisions made as Councilmembers was determining who would have the role of representing the community and conducting Council meetings. The following member of the audience spoke in opposition to Councilman Kelly's proposed Ordinance: Gerald Feldman, 13191 Wickshire Lane, Tustin The motion failed 2-3, Kennedy, Edgar and Hoesterey opposed. 2. ORDINANCE NO. 1028 - PARKING RESTRICTION ON IRVINE BOULEVARD, FIRST STREET AND YORBA STREET It was moved by -Edgar, seconded by Kelly, that Ordinance No. 1028 have first reading by title only. The motion carried 5-0. Following first reading by title only of Ordinance No. 1028 by the City Clerk, it was moved by Edaar, seconded by Kennedy, that Ordinance No. 1028 be introduced 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. A brief Council/staff discussion followed regarding notification of property owners and timeline of parking restrictions. IX. ORDINANCES FOR ADOPTION - None X. 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) It was moved by Kelly, seconded by Edgar, to receive and file subject report. The motion carried 5-0. 2. CITIZEN COMPLAINT - 13651 ROSALIND DRIVE -; It was moved by Hoesterey, seconded by Edgar, to authorize the removal of all "No Parking Anytime" signs on the westerly side of the alley between Linda Lane and a point 417 feet south of Linda Lane, and authorize the retention of the no parking signs on the easterly side of the alley and within the turn -around area. Ralph Westrum, 13651 Rosalind Drive, Tustin, was opposed to the staff recommendation and submitted petitions requesting the following: (1) removal of parking restrictions for street cleaning on Yorba Street, Linda Lane, Rosalind Drive and Laurie Lane and (2) removal of alley parking restrictions, Yorba Street and Rosalind Drive. His concerns included: questioned legality of Council policy to restrict parking, useless data contained in staff report, frustration at lack of resolution to the parking problems, defined the alley as a private easement and was not concerned about emergency vehicle access. Councilman Prescott requested, on the basis of new petitions presented by the speaker, that this matter be reagendized for the September 5, 1989 City Council meeting. Mayor Kennedy felt the speaker had reached an understandable level of frustration and suggested a committee of two Councilmembers meet with the speaker and attempt an agreeable resolution. CITY COUNCIL MINUTES Page 7, 8-21-89 Mayor Pro Tem Edgar said policy states parking restrictions can be removed with petitions bearing 2/3rd of the residents' signatures and he was willing, if legal, to remove the parking restrictions immediately. As a substitute motion it was moved b Edcrar, seconded b Hoesterev, to remove the parking restrictions for street cleaning on Yorba Street, Linda Lane, Rosalind Drive and Laurie Lane and remove alley parking restrictions, Yorba Street and Rosalind Drive. To enable Council and staff time to review the submitted petitions, the meeting was recessed at 9:52 p.m. and reconvened at 9:58 p.m. Mayor Kennedy requested that the problems be considered as two separate items: (1) removal of parking restrictions for street cleaning and (2) removal of alley parking restrictions. (Speaker was agreeable). She noted that the City Engineer had recommended that the petition for removal of street parking restrictions be considered by the area as a whole rather than individual streets, as was done when the original petition was submitted for implementation of parking restrictions. The substitute motion was amended, agreeable to the maker and second, to only remove the parking restrictions for street cleaning on Yorba Street, Linda Lane, Rosalind Drive and Laurie Lane. The substitute motion as amended carried 5-0. Mayor Kennedy, referencing the petition to remove all parking restrictions on both sides of the alley, raised the question of access by emergency vehicles. Council/staff discussion followed regarding the ownership (public or private), maintenance, and emergency vehicle access to the alley. It was moved by Hoesterey, seconded by Edgar, (1) if staff determined that the alley was private property, that the City remove the parking restrictions immediately - or (2) if staff determined that the alley was public property, that staff reagendize the matter and submit their recommendation. Mr. Westrum adamantly expressed his displeasure with delaying the matter and wanted immediate action. Mayor Kennedy noted the City would be liable if a home was denied access by an emergency vehicle due to allowable parking and the City Council needed to act carefully and responsibly. Mayor Kennedy's substitute motion to continue this matter until the September 5, 1989 City Council meeting, and request staff (1) provide definite information on the emergency vehicle access through the alley and (2) determine ownership of the alley died for lack of a second. Councilman Kelly's substitute motion that, if staff determined the alley was public property, the City abandon the alley and subdivide the area to the residents died for lack of a second. The motion carried 4-1, Kennedy opposed. Mr. Westrum requested that parking citations not be issued until the matter was completely resolved. Council concurred. XI. NEW BUSINESS 1. POLITICALLY RELATED ACTIVITIES: 1989 TILLER DAYS Royleen White, Director of Community and Administrative Services, reported on the City's past policy which stated that City facilities were not to be used for partisan or non-partisan CITY COUNCIL MINUTES' Page 8, 8-21-89 political purposes with the exception of a candidates' forum; the challenging of that policy at last year's Tiller Day event by a City Council candidate; and, to avoid possible denial of First Amendment rights, the Council's concurrence to allow election candidates' booths at Tiller Days. To avoid confusion during this year's Tiller Day event, she outlined staff's recommended alternatives and their consequences: (1) take no action, (2) adhere strictly to the "no political activities" prohibition of the Council policy, (3) revise the policy and permit all political activities and (4) revise the current language. Council/City Attorney discussion followed regarding the recent court ruling permitting political activities at street fairs the definition of "political activity" and restricting the political activity use of City facilities other than candidates' forums. The following member of the audience spoke in favor of allowing the group he represented, California Wildlife Protection Committee, to rent a booth at Tiller Days: Eric Matthews, 14722 Romanza, Tustin It was moved by Prescott, seconded by Kelly, to approve Alternative No. 3 - revise Council Policy 7-01 and permit all political activities. Mayor Kennedy questioned staff on their interpretation of Alternative No. 3 and its effect upon fund raisers for individual politicians in City buildings and denial to certain groups who wish to use City facilities. James Rourke, City Attorney, replied that staff would have to research the effect upon fund raising events and stated the Council could differentiate between political activities at Tiller Days and using City facilities for political activities but would be exposing the City to challenges by those who would claim discrimination. Councilman Hoesterey wanted to allow all groups at Tiller Days in a specified area for those residents who desired political informati.on, but retain City facilities for candidate/issue forums where all viewpoints were presented. He understood that it was the most difficult direction and choice; but the City had not been presented with that particular problem and he thought there was good cause for the City Council to designate user of particular City buildings. Mayor Pro Tem Edgar said the City was providing a service to the community by permitting a broad spectrum of involvement and having that type of activity at Tiller Days in a separate location would enable a choice to participate. Councilman Prescott stated the City Council would create problems if they chose to do anything other than allowing unrestricted activity and would become politicians regulating their own political environment. He thought the safe course of action would be to allow all political activity or, if the Council did not concur, to refer to a State commission for advisory purposes. As a substitute motion, it was moved by Hoesterey, seconded by Kennedy, to retain the language of Council Policy No. 7-01 pertaining to public buildings and amend Council Policy 7-01 to allow political activities only at the Tiller Days event. A brief Council discussion followed regarding the location of the political booths at Tiller Days. The substitute motion carried 4-1, Prescott opposed. The original motion failed 1-4, Kennedy, Edgar, Kelly and Hoesterey opposed. CITY COUNCIL MINUTES Page 9, 8-21-89 .e M 2. LEFT -TURN SIGNAL PHASING AT WALNUT AND FRANKLIN It was moved by Hoesterey, seconded by Edgar, to authorize the modification of the traffic signal at Walnut and Franklin Avenues to provide for left -turn phasing from Walnut Avenue to Franklin Avenue and approve a supplemental 1989-90 budget appropriation in the amount of $22,000.00. The motion carried 5-0. 3. REVIEW OF EXISTING TIMING AT IRVINE BOULEVARD AND YORBA STREET It was moved by Hoesterey, seconded by Edgar, to receive and file subject report. The motion carried 5-0. 4. AWARD OF CONTRACT FOR ASPHALT CONCRETE REHABILITATION AND OVERLAY PROJECT, 1988-898 FISCAL YEAR It was moved by Hoesterey, seconded by Edgar, to award the contract for subject project to Sully -Miller Contracting Company Orange, California, in the amount of $188,101.70. The motion carried 5-0. S. CITIZEN COMPLAINT - 13321 NIXON CIRCLE Keith Rankin, 13321 Nixon Circle, Tustin, addressed the Council and expressed his displeasure at the staff recommendation. Mayor Kennedy explained the responsible party for problems concerning the flood control channel adjacent to his home was the Orange County Environmental Management Agency. The City would forward a letter requesting resolution of the problems and ask for a response time of approximately 3 weeks. Councilman Prescott suggested the speaker contact his Orange County Supervisor. Mayor Kennedy directed staff to provide for Mr. Rankin the name of the responsible area Orange County Supervisor and coordinate any assistance required of the speaker. By unanimous informal consent, the Council approved referring this matter to the Orange County Environmental Management Agency and direct staff to send a letter outlining the resident's concerns and requesting a response time of approximately three weeks. . REPORTS 1. PLANNING COMMISSION ACTION AGENDA - AUGUST 14, 1989 Mayor Kennedy requested Item No. by Hoesterey, seconded by Edgar,, Planning Commission Action Agenda The motion carried 5-0. 2. CURBING DOGS 6 be appealed and it was moved to ratify the remainder of the of August 14, 1989. It was moved by Edgar, seconded by Prescott, to receive and file subject report. The motion carried 5-0. 3. ASSEMBLY BILL 376 (KLEHS) REGARDING CERTAIN WEAPONS, AMMUNITION AND DEVICES Doug Franks, Police Chief, gave a background report on Assembly. Bill 376. CITY COUNCIL MINUTES Page 10, 8-21-89 The following members of the audience spoke in opposition to Assembly Bill 376: Varden Brendsel, 6042 San Lorenzo Drive, Buena Park Jon La Fleur, 200B N. Newhope Street, Santa Ana Craig Stevens, 1636 Iowa Street #D, Costa Mesa Ed Worley Ron Roman, Costa Mesa T. J. Johnston, Anaheim Charles Knapp, Anaheim Arnold Gaunt, 17331 Village Drive, Tustin Ronald Reeves, 15632 Pacific Street, Tustin The City Clerk read the following Resolution No. 89-131 into the record: RESOLUTION NO. 89-131 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OPPOSING ASSEMBLY BILL 376 PERTAINING TO INFRINGEMENT OF THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS It was moved by Prescott, seconded by Kelly, to adopt the foregoing Resolution No. 131. Mayor Kennedy stated that in March the Acting Chief of Police brought to the Council a request to consider the possible ban on the production and importation of assault rifles because he identified it as an issue that would affect the Tustin Police Department's ability to protect. The current issue appeared to have language that could be troublesome to law enforcement and was presented in very technical terms. She respected the courtesy and intelligence shown by the speakers on the importance of the Second Amendment to the Constitution, however, she felt there was some disagreement about the interpretation of the right to bear arms and she would not support or deny the Resolution. Councilman Prescott said the Council must remind themselves they were an extension of the State legislature and occasionally laws were passed in Sacramento which mandated laws for Tustin. This current law would mandate certain Tustin Police Department action that would directly effect Tustin residents and the Council should address it as a matter of record. Mayor Pro Tem Edgar found it difficult to comprehend the complex Bill. He supported the Second Amendment but to say the Bill,"was a simple denial of Second Amendment rights was an interpretation difficult to determine. In issues such as this he depended upon the Police Department's professional advice but, in reviewing the convoluted elements of the Bill, he was reluctant to challenge the Police Department to submit a simple recommendation when the Bill possessed many controversial elements. He did not feel he had the background or knowledge to reach a decision for or against the Bill. Councilman Hoesterey had difficulty with paragraph five that stated the National Gun Confiscation Lobby had created emotional hysteria concerning the misuse of firearms, he did not think any governmental body was in a position to make that statement; and with paragraph six, because he did not know if the Council had enough input to ascertain whether or not center -fire, composite, or plastic guns were good or bad. The remaining four paragraphs were basic American beliefs and could not be voted against. He commended Tustin residents to address the City Council on the issue but noted that seven out of nine speakers did not reside in the City. He thought the subject would be very well debated at the Assembly level through public testimony by people that were both for and against and with greater technical knowledge. As a substitute motion, it was moved by Kennedy, seconded by Edgar, to table Resolution No. 89-131. Councilman Kelly welcomed input from residents of surrounding areas because many people moved from city to city and he considered all 28 cities in Orange County as family. The matter CITY COUNCIL MINUTES Page 11, 8-21-89 of not wanting to address issues and influence higher levels of government was nonsense because the City was a member of the League of Cities and received monthly legislative bulletins urging opposition or support of Senate and Assembly Bills. The reason why he supported this Resolution was because it was brought to his attention by a Tustin resident who wanted the City Council to state their position on the subject. He valued citizen input and was not the type of office holder that just accepted what was submitted by City staff members and the City Council had an obligation to express opinions on laws that were formed at higher governmental levels. Councilman Hoesterey noted that several of the Resolutions presented by Councilman Kelly were submitted in the final minutes prior to a Council meeting with those favoring one side of the issue present to speak and for the Council to render a decision based on one side of an issue was irresponsible. Councilman Prescott suggested the matter be reagendized to provide input from both sides of the issue. The substitute motion carried 3-2, Kelly and Prescott opposed. pp ed. The original motion failed 2-3), Kennedy, Edgar, Hoesterey y I. PUBLIC INPUT - None XIV. OTHER BUSINESS 1. BOY SCOUTS ATTEND COUNCIL MEETING Councilman Prescott acknowledged that Boy Scouts had been in the audience earlier to witness the Council meeting and he encouraged their attendance. 2. ILLEGAL IMMIGRANTS Councilman Prescott wanted to segregate himself from any action that the City may take in contacting the Immigration Service to apprehend illegal aliens in Tustin. Councilman Hoesterey responded that the Council had concurred to only investigate concerns of trespassing. 3. HOUSE RESOLUTION 2380 - ZIP CODES Mayor Pro Tem Edgar noted the need to correct the on-going zip code problem in Tustin and the previously stated support of HR 2380. He requested staff submit a status report. 4. WARNER AVENUE BRIDGE CONSTRUCTION STATUS REPORT Mayor Pro Tem Edgar questioned the lack of a Warner Avenue bridge construction report with this agenda. Staff responded that the report would be submitted for Council review the first City Council meeting of each month. 5. EXCAVATION AND DRAINAGE OF PROPERTY - NORWOO'D PARR PLACE/YORBA STREET Councilman Kelly expressed concern with the grading for increased elevation of the property at the corner of Norwood Park Place and Yorba Street resulting in loss of privacy to area residents. Christine Shingleton, Director of Community Development, responded that the activity was excavation without benefit of permits, the work had ceased, the developer had been cited, and corrective measures were being taken. She noted that property owners had been notified of the variation in grade and a mitigating wall would accommodate interests on both sides of the wall. There was originally some natural variation in the grades and additionally, for adequate drainage, the rear of the properties had to be raised for drainage to the street. CITY COUNCIL MINUTES Page 12, 8-21-89 6. FIRE SAFETY - BARN RESTAURANT AND TUSTIN GARDENS Councilman Kelly said after witnessing the Pacific Mea on E1 Camino Real he was concerned with fire hazards in fire community. He cited the second floor of the Barn Restaurantin the a wooden staircase as the only access to the upstairs portion with the Tustin Gardens on 6th street and E1 camino als °n and staircase made of wood. o had a Staff to investigate for fire regulation compliance. 7. JOINT MEETING WITH PARKS AND RECREATION COMMISSION Council concurred to hold a joint meeting with the Pa Recreation Commission on September 12, 1989. rks and and Prescott to check their calendars and notify (Council staff en Kelly ). 8. CERTIFICATE OF ACHIEVEMENT IN FINANCIAL REPORTING Mayor Kennedy acknowledged that the City Comprehensive Annual Financial Report for fiscal yearOf Tustin's 30, 19881 qualified for a Certificate of Achievement June Excellence in financial reportin ement for Nault, Finance Director and the Finance c Depa ted Ronald - recognition. p nt for the 9. VOTING DELEGATE/ALTERNATE FOR LEAGUE OF CITIES CONFERENCE Council concurred to appoint Mayor Pro Tem Edgar as the voting delegate and Mayor Kennedy as the alternate for the California Cities conference in October. League of 10. MCCHARLES HOUSE FEATURED IN HOME AND GARDEN MAGAZINE ~ Mayor Kennedy reported that a local business, McCharles Restaurant, was featured in Southern California Home House magazine. and Garden XV. ADJOURNMENT At 11:05 p.m., the meeting recessed to the Redevelopment A _then adjourned to an Adjourned Regular Meeting on Tuesday, Agency and 51 19891 at 7:00 p.m. y, September MAYOR CITY CLERK r ,a