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HomeMy WebLinkAboutCC 1 MINUTES 10-16-89II. III. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF T~ ~ITY OF TUSTIN, CALIFORN OCTOBER 2, 1989 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Kennedy at 7:02 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance waS led by David McFedries from Cub Scout Pack No. 807, Estock School. INVOCATION The Invocation was given by John Hanisch, Pastor of the Red Hill Lutheran Church. ROLL CALL Council Present: Council Absent: Others Present: Ursula E. Kennedy, Mayor Richard B. Edgar, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott None 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 Susan Jones, Recreation Superintendent Randy Westrick, Recreation Supervisor Valerie Whiteman, Deputy City Clerk Approximately 125 in the audience PROCLAMATIONS , · 1. FIRE PREVENTION WEEK - OCTOBER 8-14, 1989 Mayor Kennedy read and presented a proclamation to Battalion Chief Matt Vadala, .representing the Orange County Fire Department. The proclamation declared the week of October 8-14, 1989, as Fire Prevention Week. Battalion Chief Vadala, on behalf of Chief Larry Holms and the Orange County Fire Department, thanked the City Council for the proclamation and recognition. He invited everyone to visit their fire station on October 14, 1989, to view the facilities and meet the local firefighters who protect their community. 2. WORLD FOOD DAY AND ORANGE COUNTY HUNGER WEEK Mayor Kennedy read 'and presented a proclamation to Helen Anderson, representing the Orange County Hunger Coalition and Food For All. The proclamation noted October 16, 1989, as World Food Day and the week of October 15-21, 1989, as Orange County Hunger Week. Helen Anderson expressed her appreciation to the City Council for publicly recognizing the ~erious hunger problem in Orange County. IV. PUBLIC HEARINGS 1. VACATION AND ABANDONMENT OF FAIRGATE DRIVE AND A PORTION OF RAWLINGS WAY Robert Ledendecker, Director of Public Works, reported this was a request from The Irvine Company to vacate Fairgate Drive, from Tustin Ranch Road to the boundary of Tract No. 12870 and a small portion of Rawlings Drive, for conversion, to a private street. Staff had posted the 'hearing notice at' the site and copied adjacent landowners. Mayor Kennedy opened the Public Hearing at 7:11 p.m. There were no speakers on the subject and the Public Hearing was closed. CITY COUNCIL MINUTES Page 2, 10-2-89 Vo It was moved by Edgar, seconded by Kelly, to adopt the following Resolution No. 89-148: RESOLUTION NO. 89-148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING VACATION OF FAIRGATE DRIVE AND RAWLINGS WAY The motion carried 5-0. 2. RED HILL AVENUE UNDERGROUND UTILITY DISTRICT NO. 11 Robert Ledendecker, Director of Public Works, stated the proposed underground district extended from Red Hill Avenue to Sycamore Avenue northerly to Copperfield Drive and would provide for the undergrounding of all overhead utilities. The Public Hearing had been noticed to all effected property owners and staff had received one response from a property owner who was in favor of the undergrounding but concerned about cost. The cost figures contained in the engineer's report were estimates only and the actual cost would be determined once the bids were received. Mayor Kennedy opened the Public Hearing at 7:14 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Edgar, seconded by Kelly, that Ordinance No. 1031 have first reading by title only. The motion carried 5-0. Following first reading by title only of Ordinance No. 1031 by the City Clerk, it was moved by Edgar, seconded by Kelly, that Ordinance No. 1031 be introduced as follows: ORDINANCE NO. 1031 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 11, RED HILL AVENUE,_AND DECLARING ITS INTENTION TO ORDER THE CONVERSION Mayor Kennedy questioned if the cost of conversion, which would be paid by the landowners, could be extended over a period of time. Robert Ledendecker responded that the City had previously afforded property owners in one underground district the opportunitY to extend their payments over a 10-year period at a nominal interest rate and this option could be provided to proper~y owners in the proposed district. · The motion carried 5-0. 3. APPEAL OF PLANNING COMMISSION, VARIANCE 89-09 It was moved by Kelly, seconded by Edqar, to .continue the Public Hearing on the appeal of Variance 89-09 until October 16, 1989... Mayor Kennedy verified there were no speakers on the matter. The motion carried 5-0. PUBLIC INPUT 1. STOP SIGN - McFADDEN AND ALLIANCE AVENUES Donna Wilson, 15500 Tustin Village Way, thanked the City Council for forwarding a letter to Caltrans on behalf of the Tustin Village Way homeowners. She questioned when a stop sign would be installed at the corner of McFadden and Alliance Avenues. Robert Ledendecker, Director of Public Works, responded that staff was in the process of evaluating the intersection and a staff report would be submitted to the City Council at their October 16, 1989 meeting. CONDUCT OF COUNCILMEN PRESCOTT AND KELLY AT THE SEPTEMBER 18, 1989 CITY COUNCIL MEETING The following members of the community expressed displeasure with the conduct displayed by Councilman Prescott and Councilman Kelly during the September 18, 1989 City Council meeting: CITY COUNCIL MINUTES Page 3, 10-2-89 Jay Chalsom, resident of Tustin Meadows Helen Edgar, 13622 Loretta Drive, Tustin Steve Johnson, 1852 Pennington Avenue, Tustin (representing Tustin Meadows Homeowners' Association) Jack Miller, 17352 Parker Drive, Tustin Dennis Avery, 2322 Sable Tree Circle, Tustin Roger Evans, 1391 Bullard, Tustin Gerald Feldman, 13191 Wickshire Lane, Tustin Jean Thompson, 2291 Boxwood Place, Tustin Carl Kasalek, 2352 Caper Tree, Tustin Bill Robins, representing the Laurelwood Homeowners' Assn. The following members of the community spoke in favor of Councilmen Prescott and Kelly: Ed Priddy Mark Bachan, 215 S. Prospect #Bi0, Tustin Karen Kelly, Main Street, Tustin Grace Kelly, 330 E1 Camino Real, Tustin Mark Priddy Ralph Westrum, 13651 Rosalind Drive, Tustin The following member of the community expressed a neutral position on the subject matter and requested citizen involvement in community problemS: Berklee Maughan, 14331 Green Valley, Tustin The following member of the audience expressed her displeasure concerning the statement that Mayor Kennedy had arranged for persons to attend the City Council meeting and express their ' opposition to Councilmen Prescott and Kelly: -- Margie Kasalek, 2352 Caper Tree, Tustin 3. SELLING OF'NARCOTICS IN THE VICINITY OF CARFAX DRIVE (TRACT 4664) Ben Brown, 14842 Carfax Drive, Tustin, reported visible drug activity occurring in his neighborhood and submitted a petition to the City Council requesting additional Police Department surveillance. Mayor Kennedy directed the Police Chief to meet with Mr. Brown and agendize the outcome. 4. FUNDING SOURCE FOR I-5/55 INTERCHANGE FLYOVER - TUSTIN VILLAGE WAY Richard Rockwell, 315 Centennial Way, Tustin, an attorney representing the Tustin Village Way Homeowners' Association regarding the impact of the I-5/55 interchange flyover on their" property, stated that during his review of the written agreement between O.C.T.D. and Caltrans he discovered that the funding source for the flyover was O.C.T.D. It was his opinion that this source of funding was .inappropriate because authorizing legislation for O.C.T.D. stated funds must be spent for fare- paying passengers. The flyover/interchange was in the City's jurisdiction and, if this was an improper expenditure of public funds, he felt the City Council should be an interested party and he requested the matter be agendized for the October 16, 1989 City Council meeting. Mayor Pro Tem Edgar replied that O.C.T.D. had received an interpretation of existing State law on this subject and a new law, effective January 1, 1990, had been passed clarifying that interpretation. The interpretation stated that the utilization of O.C.T.D. funds for.the transit way was the intent of the Legislature. Jame~ Rourke, City Attorney, in response to Mayor Kennedy questioning the appropriateness of agendizing the City's position in this matter, stated it was improper for the City to evaluate whether the Orange County Transit District spent their funds legally. If there was a belief that an impropriety existed, it should be addressed directly to O.C.T.D. CITY COUNCIL MINUTES Page 4, 10-2-89 VI. Mayor Kennedy suggested agendizing a status report, for the October 16, 1989 City Council meeting, on whether Caltrans had responded to questions from the Tustin Village Way Homeowners' Association regarding the flyover and any additional pertinent information. Council concurred. Council/speaker discussion followed regarding agendizing the subject of flyover funding. Councilman Prescott requested that Councilman Edgar include the O.C.T.D. attorney's report in response to the funding question. 5. AVAILABILITY OF CITY COUNCIL MEETING VIDEO TAPES Jack Miller, 17352 Parker Drive, Tustin, requested that video tapes of City Council meetings be delivered to the City Clerk and the Tustin Public Library by the Friday following each meeting for access to all residents. Joe Casasanta, General Manager of Continental Cablevision, responded that Continental Cablevision does provide video tapes of City Council meetings, to the City and is currently considering supplying a copy for public use to either the Tustin Historical Society or the Tustin Public Library. OPPOSITION TO COLOR PURPLE FOR TUSTIN MARKETPLACE WALL Dennis Avery, 2322 Sable Tree Circle, Tustin, expressed his opposition to the color purple being used to repaint the Tustin Marketplace wall and he preferred it to remain "brick" red with additional landscaping to soften the effect. CONSENT CALENDAR It was moved by Kelly, seconded by Edqar, to approve the Consent Calendar. Councilman Hoesterey, commenting on Item No. 5 (Tustin Area Senior Center Facility Use Fee Schedule), asked that the City maintain a strong commitment toward senior activities/functions taking precedence over other usage of the Senior Center. Susan Jones, Recreation Superintendent, gave assurance to the City Council that senior activities would have first priority. Senior citizens can schedule use of the Center at least one year in advance and approximately 80-90% of the Center would be used for their activities. Councilman Hoesterey commended staff for their excellent job of continuing to increase programs offered to area seniors. The motion carried 5-0, Mayor Kennedy abstained, on Item No. 1 only. 1. APPROVED MINUTES - AUGUST 21, 1989, REGULAR MEETING SEPTEMBER 18, 1989, REGULAR MEETING 2. APPROVED DEMANDS IN THE AMOUNT OF $2,445,610.83 RATIFIED PAYROLL IN THE AMOUNT OF $203,839.79 3. RESOLUTION NO. 89-145 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ANAMENDMENT TO FINAL TRACT MAP 12870, CREATING LOTS "EEE", "FFF", "GGG", "HHH", "III", "JJJ" AND "KKK" FOR LANDSCAPE PURPOSES, AND LOT "DDD" FOR THE PURPOSE OF TURNING FAIRGATE DRIVE AND A PORTION OF RAWLINGS WAY INTO A PRIVATE STREET Adopted Resolution No. 89-145 approving an amendment to Final Tract Map 12870, as submitted or revised. 4. RESOLUTION NO. 89-146 - A RESOLUTION OF THE CITY COUNCIL OF THE~ CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 13627 Approved Final Tract Map No. 13627 by the adoption of Resolution No. 89-146. CITY COUNCIL MINUTES Page 5, 10-2-89 TUSTINAREA SENIOR CENTER FACILITY USE FEE SCHEDULE Adopted the Tustin Area Senior Center Fee Schedule for facility rentals. 6. RESOLUTION NO. 89-147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF AUTOCENTER DRIVE FROM THE EXISTING CUL-DE- SAC TO 500' EASTERLY AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adopted Resolution No. 89-147 approving the plans and specifications for the subject project and directing the City Clerk to advertise for bids. RESOLUTION NO. 89-149 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR WATER MAIN REPLACEMENT ON EDINGER AVENUE, WINDSOR LANE, DEL REY DRIVE, CATALINA DRIVE AND LA BELLA DRIVE Adopted Resolution No. 89-149 accepting said work and authorizing the recordation of the Notice of Completion. 8. LOSSAN CORRIDOR RAILWAY IMPROVEMENTS AT RED HILL AVENUE Approved a change in dates for planned improvements to the AT&SF Railroad crossing at Red Hill Avenue and that the closure of Red Hill Avenue be implemented on the weekend beginning Friday, October 27, 1989, at 10:30 p.m. through Sunday, October 29, 1989, at 3:00 p.m. instead of the weekend of October 6-8, 1989, as initially proposed. 9. ACCEPTANCE OF PUBLIC GRADING AND DRAINAGE IMPROVEMENTS FOR JAMBOREE ROAD Authorized staff to accept the grading and drainage improvements along Jamboree Road between Tustin Ranch Road and the northerly City limits at Station 309+80+. VII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 1029 - AMENDMENT TO CITY ORDINANCE, ALARM SYSTEMS It was moved by Hoesterey, seconded by Prescott, that Ordinance No. 1029 have first reading by title 6nly. The motion carried 5-0. Following first reading by title only of Ordinance No. 1029 by the City Clerk, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 1029 be introduced as follows: ORDINANCE NO. 1029 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO THE REGULATION OF SECURITY BUSINESSES The motion carried 5-0. --~III. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1030 - APPROVING ZONE CHANGE 89-02 It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 1030 have second reading by title only. The motion carried 5-0.. Following second reading by title only of Ordinance No. 1030 by the City Clerk, it was moved by Hoesterey, seconded by Edqar, that Ordinance No. 1030 be passed and adopted as follows: ORDINANCE NO. 1030 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 89-02, TO CHANGE THE LAND USE DESIGNATION OF THE FIRST STREET SPECIFIC PLAN FROM "OFFICE AS PRIMARY USE" TO "COMMERCIAL AS PRIMARY USE" ON THE PROPERTY LOCATED AT 640 WEST FIRST STREET The motion carried 5-0. (Verbal roll call vote) IX. 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) CITY COUNCIL MINUTES Page 6, 10-2-89 Christine Shingleton, Director of Community Development, reported that the County Airport Commission meeting originally scheduled for October 4, 1989, to review the John Wayne Airport Phase 2 Access Plan had been rescheduled for October 18, 1989. She noted that a staff member would be present but strongly encouraged a City Council representative to also attend. (Councilman Kelly volunteered to attend the meeting). She additionally asked for Council direction regarding the request from CRAS for a $1,000 contribution to support a lobbying campaign against the inter- county airport authority's efforts to conduct a separate study regarding joint commercial use of MCAS E1 Toro. It was moved by Kennedy seconded by Edgar, to contribute $1,000 to Coalition for a Responsible Airport Solution (CRAS) to assist in the defeat of joint commercial use of MCAS E1 Toro. Councilman Kelly voiced his opposition to a $1,000 expenditure for a proposed threat. He did not think CRAS was a formidable group and said it would be wiser to spend $1,000 monitoring the noise pollution problem at John Wayne Airport. As a substitute motion, it was moved by Prescott, seconded by Kelly, to monitor the situation, be prepared to take legal action and withhold the $1,000 contribution to CRAS. The substitute motion failed 2-3, Kennedy, Edgar and Hoesterey opposed. Councilman Hoesterey stated he was in favor of the contribution because an expenditure of $1,000 to prohibit the joint commercial use of E1 Toro was less costly than the hundreds of'thousands of dollars spent by the City of Newport Beach in their'attempt to alter the operation-of John Wayne Airport. Mayor Pro Tem Edgar acknowledged the impact John Wayne Airport had on Tustin and subsequently the 'Cit~ was spending a significant sum of money to monitor airport noise. But he believed the impact of E1 Toro, should it become a commercial base, would be of a magnitude far worse than John Wayne Airport and it was imperative the City expend funds for lobbYing to preclude joint use. Mayor Kennedy noted, with alarm, that the Southern California Association of Governments would be studying joint use at E1 Toro and, with pleasure, noted The Irvine Company had changed their position from neutral to opposed. She did not feel the City could survive with commercial use at E1 Toro along with helicopter flights from the MCAS Tustin and air traffic from John Wayne Airport. Councilman Prescott and Councilman Kelly expressed their opposition to joint commercial use of E1 Toro but felt a $1,000 contribution was not the appropriate direction. The motion carried 3-2, Kelly and Prescott opposed. 2. TRANSIENT OCCUPANCY Mayor Kennedy clarified that staff felt the problem was minor and their recommendation was against the establishment of a formal policy. Christine Shingleton, Director of Community Development, responded that the main issue originally identified was related to permanent occupancy of motel units and, through meetings with local motel operators, staff concluded permanent occupancy was a minor problem not warranting, further action at this time. It was moved by Kennedy, seconded by Kelly, to receive and file subject report. The motion carried 5-0. CITY COUNCIL MINUTES Page 7, 10-2-89 3. CIVIC CENTER EXPANSION/RENOVATION Christine Shingleton, Director of Community Development, noted the unexpected absence of John Bates, architect for the civic center project, and gave a brief staff report. Following Council/staff discussion regarding the project, William Huston, City Manager, recommended continuance of this item until the architect was present. Councilman Prescott wanted the Council to reach a unanimous decision on the redesign of the Council Chambers and suggested a workshop be held for in-depth discussion. A brief Council discussion followed regarding placement of the City Council dias. It was moved by Kennedy, seconded by Edgar, to continue this matter at a Civic Center Expansion/Renovation workshop on October 16, 1989, at 5:30 p.m. The motion carried 5-0. 4. FIRE SAFETY It was moved by Kelly, seconded by Edgar, to receive and file subject report. The motion carried 5-0. 5. CAR WASH AT BENT POWELL CHEVRON, 13052 NEWPORT AVE./VICTORY OUTREACH CHURCH -- It was moved by Edgar, seconded by Prescott, to waive the processing fee for a Conditional Use Permit., · The motion carried 5-0. STATUS REPORT - 200 EL CAMINO REAL It was moved by Hoesterey, seconded by Prescott, to receive and file subject report. The motiOn carried 5-0. 7. WATER CORPORATION BOARD OF DIRECTOR APPOINTMENTS It was moved by Prescott, seconded by Edgar, to confirm the appointment of Rex Combs and Thomas D. Mulcahy to the Tustin Water Corporation Board of Directors. The motion carried 5-0. Council concurred to send a congratulatory letter from the Mayor to the new appointees. 8. CODE ENFORCEMENT REVIEW OF EL CAMINO REAL AREA Christine Shingleton, Director of Community Development, reported that following a resident complaint about property conditions in the downtown area, peF Council direction, staff conducted a comprehensive code violation investigation of the area as detailed in the Community Development staff report dated October 2, 1989. She mentioned that the code enforcement staff currently operated on a reactionary basis, responding to complaints rather than actively reviewing property for code violations. Councilman Kelly thought the intent of the code violation field review was solely to locate flagrant health/safety violations. Pursuing this matter could create ill will among downtown property owners and he wanted to proceed by corresponding with those property owners requiring obvious code corrections or conduct a code violation review of the entire City. .- Mayor Pro Tem Edgar said this agenda item was a direct outcome of a complaint by a property owner on E1 Camino who felt the CITY COUNCIL MINUTES Page 8, 10-2-89 X~ condition of the entire street seriu~sly degraded property values. The field inspection summary indicated a number of code violations and, because the City had spent millions of dollars in the renovation of E1 Camino Real, he felt that unenforcement of health/safety codes was a disservice to area property owners. It was moved by Edqar, seconded by Kennedy, to direct staff to initiate code enforcement action by contacting all property owners/tenants of the properties and request their cooperation in attaining compliance with City Code requirements; if no action is taken by the property owner/tenant to correct the violations, formal action to be taken in the form of public nuisance abatement or other appropriate action. Councilman Hoesterey stated the city's primary concern was public health/safety and he wanted letters delineating the problems forwarded to each effected property owner and staff to follow through to insure health/safety violations were corrected. As much as he desired further rehabilitation of the downtown area he felt the City Council should limit themselves to code enforcement unless, through the Redevelopment Agency, upgrading could be expedited. christine shingleton replied that the code compliance letters to property owners could also contain information on the Community Development Block Grant Program, a new commercial rehabilitation rebate program which would be operational in November,'and inform the property owners they may be eligible to receive financial assistance for property renovation. As an amendment to the motion, the maker and the second agreed to include Block Grant Program information in the letters to effected property owner~. The motion as amended carried 4-0, Prescott abstained. CREATING THE TUSTIN-SANTAANA TRANSPORTATION SYSTEM IMPROVEMENT AUTHORITY It was moved b Kenned seconded b Prescott, to continue this matter to the October 16, 1989 City Council meeting. The motion carried 5-0. 2. REQUEST FOR TREE REMOVALS It was moved by Hoesterey, seconded by EdGar, to approve the following: 1. Approve request for tree removals at the following locations: 13632 Charloma Drive, 17662 Limetree Way, 1282 Veeh Drive, 17481 Parker Drive, 1271 Lance Drive and 1391 San Juan Street. 2. Deny request for tree removals at the following locations: 14711 Cheshire Place, 1291 Lance Drive, 14712 Cheshire Place, 1731 Amherst Road, 14851 Bridgeport Road and 1391 San Juan Street. The motion carried 5-0. 3. AWARD OF. CONTRACT FOR CONSTRUCTION OF JAMBOREEROAD BETWEEN TUSTIN R~NCH ROAD AND CHAPMAN AVENUE (RELOCATED) It was moved b Ed ar seconded b Hoestere, to award the contract for the subject project to Sully-Miller Contracting Company in the amount of $5,785,464-79. The motion carried 5-0. 4. PLACING PICTURES OF THOSE COMMISSION AND COMMITTEE MEMBERS APPOINTED BY ORDINANCE ON THE WALLS OF CITY HALL CITY COUNCIL MINUTES Page 9, 10-2-89 XI. XII. XIII. It was moved by Prescott, seconded by Hoesterey, that pictures of Commission/Committee members appointed by Ordinance and all City Department Heads be displayed in City Hall. The motion carried 5-0. 5. TUSTIN AREA HISTORICAL SOCIETY - UNIT DONATION It was moved by Hoesterey, seconded by Edgar, to declare surplus one marked Police Department patrol vehicle and authorize its donation to the Tustin Area Historical Society. The motion carried 5-0. REPORTS 1.. PLANNING COMMISSION ACTION AGENDA - SEPTEMBER 25, 1989 It was moved by Edgar, seconded by Kelly, to ratify the Planning Commission Action Agenda of September 25, 1989. The motion carried 5-0. SALE OF SURPLUS AND MISCELLANEOUS EQUIPMENT It was moved by Hoesterey, seconded by Edgar, to receive and file notice of sale of surplus vehicles and miscellaneous equipment. The motion carried 5-0. 3. DEMAND LIST SORTED BY DEPARTMENT It was moved by Hoesterey, seconded by Edgar, to receive and file subject report. The motion carried 5-0. PUBLIC INPUT 1. CONDUCT OF COUNCILMEMBERS DURING THE MEETING Roger Evans, 1391 Bullard, Tustin, expressed his appreciation to the City Council for the productive, positive way in which they conducted themselves during the meeting. Ed Priddy thanked the City Council for a beneficial meeting and stated there had been no major charges made that warranted the requests for resignations of Councilmen Prescott and Kelly. 2. .CIVIC CENTER RENOVATION/EXPANSION WORKSHOP ON OCTOBER 16, 1989 Richard Vining, 400 W. Main Street, Tustin, requested Continental Cablevision be encouraged to attend the Civic Center Expansion/ Renovation Workshop on October 16, 1989, to facilitate optimum use of their cameras and requested staff give special attention to the problem of acoustics. Mayor Kennedy extended an invitation to Continental Cablevision to attend the workshop. OTHER BUSINESS lo ADDITIONAL ITEM FOR CLOSED SESSION, NEWS STANDS IN THE PUBLIC RIGHT-OF-WAY James Rourke, City Attorney, stated an additional item requiring action by the City Council had occurred following the posting of the agenda and, pursuant to Government Code Section 54954.2(b).(2), he recommended the Council approve a Closed Session discussion of removal of news stands in the public rights-of-way. It was moved by Kennedy, seconded by Edgar, to discuss the above subject in Closed Session. The motion carried 5-0. CITY COUNCIL MINUTES Page 10, 10-2-89 2. COUNCILMAN KELLYtS BIRTHDAY Mayor Kennedy and Councilman Prescott wished Councilman Kelly a happy birthday. ADJOURNMENT IN MEMORY OF ANNE STABILE Councilman Kelly requested the meeting adjourn in memory of Anne Stabile, mother of long-time Tustin resident Arthur Stabile, who died recently at the age of 84. 4. SEVENTEENTH STREET CENTER ISLANDS/LANDSCAPING Mayor Pro Tem Edgar requested the subject of center islands/ landscaping on Seventeenth Street be agendized. 5. ENHANCED APPEARANCE OF NITRATE REMOVAL PLANT Mayor Pro Tem Edgar stated the Nitrate Removal Plant, at the corner Of Prospect Avenue/Main Street, would be operational towards the end of the year and he requested staff submit a plan to visually enhance the appearance of the facility. 6. CONSTRUCTION OF NEW WELL SITE Mayor Pro Tem Edgar requested agendizing a status report indicating timelines for acquisition of property, design and' construction of a new well site. 7. NOISE FROM NEWSPAPER DISTRIBUTIONS, EL CAMINO REAL AND SIXTH STREET ' Mayor Pro Tem Edgar noted the L.A. Times was utiiizing the shopping center at E1 Camino Real/Sixth Street for a newspaper distribution site resulting in excessive noise on Sunday mornings between the hours of 2:00 - .6:00 a.m. and he requested staff agendize the matter. 8. NEW GRANDCHILD FOR MAYOR KENNEDY Councilman Prescott co~gratulated Mayor Kennedy on the recent birth of.her granddaughter, Kelly. 9. COMMERCIAL AIRLINER SIGHTED IN VICINITY OF IRVINE/BROWNING Mayor Kennedy reported a citizen had sighted a low-flying commercial aircraft on September 30, 1989, at 8:21 a.m., in the area of Irvine Boulevard and Browning Avenue. She requested staff write to the proper authority demanding an explanation and forward a copy of the City's inquiry to the resident. 10. EMERGENCY PREPAREDNESS PLAN Mayor Kennedy requested the Emergency Preparedness Plan be agendized for the November 20, 1989 City Council meeting. 11. RED HILL AVENUE CLOSURE Mayor Kennedy reminded the public that a portion of Red Hill Avenue would be closed from October 27, 1989, at 10:30 p.m. until 3: 00 p.m. on October 29, 1989, and detour maps were available from the Public Works Department. 12. REFUSE RECYCLING PROGRAM Mayor Kennedy questioned the timeline for studying - the feasibility of a trash recycling program within the City. William Huston, City Manager, responded that staff needed to examine recently enacted legislation, review the City's franchise agreement and would submit to the City Council in approximately 45 days. CITY COUNCIL MINUTES Page 11, 10-2-89 RECESS XIV. XVe 13. ASSISTANCE TO VICTIMS OF HURRICANE HUGO Mayor Kennedy noted that the Council's Executive Coordinator, Denise Still, was on vacation in the Caribbean during the disaster and had telephone numbers available for anyone who wanted to assist victims of Hurricane Hugo. 14. SUCCESS OF TUSTIN AREA SENIOR CENTER Mayor Kennedy commented on the remarkable success of the Tustin Area Senior Center with a high level of attendance at recent events and encouraged interested residents to participate in the various activities at the Senior Center. 15. TILLER DAYS - OCTOBER 13-15,-1989 Mayor Pro Tem Edgar reminded everyone to attend Tiller Days on October 13, 14 and 15, 1989. At 9:18 p.m., the City Council recessed to the Redevelopment Agency meeting and reconvened at 9:35 p.m. CLOSED SESSION Mayor Kennedy announced that the City Council would recess to Closed Session to discuss pending litigation regarding Ferchland vs. City of Tustin pursuant to Government Code Section 54956.9(a) and to discuss removal of news stands in the public rights-of-way pursuant to Government Code Section 54954.2(b) (2). ADJOURNMENT At 9:36 p.m., the meeting recessed to the above ~Closed Session and then adjourned in memory of Anne Stabile to a Civic Center Renovation/Expansion Workshop on Monday, October 16, 1989, at 5:30 p.m. and then to the next Regular Meeting on Monday, October 16, 1989, at 7:00 p.m. MAYOR CITY CLERK