HomeMy WebLinkAboutMINUTES 08-15-88MINUTES OF A REGULAR 14:.ETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
AUGUST 15, 1988
II.
CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Hoesterey at 7:00 p.m. in the
City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was
lecl~ by Councilman Kelly and the Invocation was given by Councilman
Edgar.
ROLL CALL
Councilpersons Present: Ronald B. Hoesterey, Mayor
Ursula E. Kennedy, Mayor Pro Tem
Richard B. Edgar
John Kelly
Earl J. Prescott
Council persons Absent: None
Others Present: William A. Huston, City Manager
James G. Rourke, City Attorney
Mary E. Wynn, City Clerk
Steve Rubi n, Acting Di r. of Comm. Development
Fred Wakefield, Acting Chief of Police
Ronald Wolford, Engineering Services Manager
Royleen White, Dir. of Comm. & Adm. Services
Ronald A. Nault, Finance Director
Valerie Whiteman, Deputy City Clerk
Lloyd Dick, Building Official
Approximately 30 in the audience
voLuNTEER FIREFIGI4TER REC(~GNITION DAY -AUGUST 20, 1988
Mayor Hoesterey read the proclamation and presented it to Mike McCoy,
Orange County Fire Department Battalion Chief, and Matt Kiolbassa, a
Paid Call Firefighter. The proclamation declared August 20, 1988, as
Volunteer Firefighter Recognition Day.
Matt Kiolbassa thanked Council for the honor on behalf of the Orange
County Fire Department, the 500 paid-call volunteers, and the Paid Call
Fi refi ghters.
Battalion Chief McCoy, on behalf of Chief Larry Holms and all members of
the Orange County Fire Department, conveyed their appreciation.
IV. PUBLIC INPUT
1. 'NO PARKING' SIGNS IN EFFECT DURING SI'REET SWEEPING
Ralph and Susan Westrum, 13651 Rosalind Drive, Tustin, expressed
their concern regarding the installation of "No Parking" signs in
their neighborhood. The signs disallowed parking on Wednesdays
during the hours of 6:00 a.m. to 12:00 noon for street sweeping.
They had no other parking area available except their garage, with
access to the garage only through the alley behind their home. When
the no parking limitations were put into effect, he decided to park
in the alley. Parking in the alley resulted in two traffic
tickets. He discovered that covers on the no parking signs in the
alley, which had been in place for several years, had been removed
without notice. In contacting the City, they were told that no
parking signs were installed when 50% or more of the residents
signed a petition supporting the action. He noted that the petition
was not dated or verified by the City and felt the petition had been
circulated and submitted due to an unfavorable reaction toward
community care facilities in the neighborhood. He spoke in favor of
the facilities and said they were good neighbors. He requested that
the Council make an exception for the corner of Rosalind and Linda
Lane and allow them to park on the street.
CITY COUNCIL MINUI'
Page 2, .8-1§-88
Ve
The Westrums also questioned whether an ordinance was required prior
to restricting parking on City streets.
Mayor Hoesterey responded that a policy had been established when a
minimum of 50% of a neighborhood requested action, signs were placed
or not placed accordingly.
Monda Buckley, Administrative Assistant, reported the petition had
· each address checked to determine residency and she thought there
had been approximately 4 homes on the four streets involved that did
not sign the petition. The signs had been noticed prior to being
installed. After the signs were posted, staff had received a call
regarding the "No Parking" signs in the alley. Research is being
completed to determine the original reason for installation of signs
in the alley. In the interim, staff decided to recover the signs
until the investigation was completed.
Ralph Westrum asked if the City would furnish him with a letter for
use in court regarding his traffic tickets.
Mayor Hoesterey directed Mr. Westrum to contact the City Attorney,
who would assist him with the necessary documentation.
2. TAC-1 .,~IOKE DETECTORS
Helen Edgar, representing the Tustin Area Council Fire Committee,
reported the Fire Explorers of Posts 9621 and 9636 had been
installing smoke detectors at the Tustin Village and Sutcliffe
Mobile Home Parks. The Explorers had visited 140 homes resulting in
42 installations and 30 tests of smoke detectors needing new
batteries. Some electric detectors ~vero found and the Explorers
need suggestions on 'how to proceed; they are currently advising
residents to have .the electric detectors, removed by a qualified
technician. She felt more services could be provided with
additional staff. · Mrs. Edgar's report was written by Sue Clelland,
Associate Advisor of Post 9621. Mrs. Edgar requested from Council
additional batteries for the program and a letter from Council
stating that the Explorers of Post 9621 and 9636 have permission to
conduct the program and the detectors are free of charge.
William Huston, City Manager, indicated that staff would handle the
access and battery problem and investigate further regarding the
code question.
3. AGENDIZING OF TREE REMOVAL
A. G. Saltarelli, 2332 Fig Tree, Tustin, was attempting to assist
his non-English speaking neighbor, Mr. Klm, in the removal of a tree
on Mr. Kim's property. After completing the necessary paperwork and
speaking with stbff, he had been informed that Mr. Kim's tree would
be agendized for removal. When several meetings had occurred and
this matter was not agendized he wanted to know the status of Mr
Kim's request. ' ·
~4onda Buckley, Administrative Assistant, stated that a staff report
had been written and the request should be on the agenda for
September 6, 1988.
CONSENT CALENDAR
It was .m. oved by Kennedy, seconded by Edgar, to approve the Consent
Calendar with the following notations: The Minutes (Item No. 1) to
reflect the clerical correction of "Mr." Afdemberg to ." Afdemberg
"Dr
and Mayor Hoesterey opposing on Item No. 16, Tustin Ranch Road
Interchange Project at Santa Aha Freeway Agreement The motion carried
5-0.
1. APPROVED MINUTES - AUGUST 1, 1988, REGULAR MEETING
CITY COUNCIL MINUTES
Page 3, B-~5-BB
APPROVED DEMANDS IN THE AMOUNT 0F'$1,601,136.29
RATIFIED PAYROLL IN THE 'AMOUNT'OF $177,997.06
R£JECTION OF CLAIM NO. '88-3Z; CLAIMANT-DANNY H. SWINDLE, DATE OF
LOSS-Z/Il/88, DATE FILED WITH CITY-5/ZZ/88
Rejected subject claim for personal injury and property damage
in the amount of $20,200 as recommended by the City Attorney.
4. REJECTION OF CLAIM NO. 88-36; CLAIHANT-NANETTE FONTAINE, OATE OF
L05S-3/22/88, DATE FILED WITH CITY-6/13/88
Rejected subject claim for personal injury and property damage
in the amount of $100,000 as recommended by the City Attorney.
5. REJECTION OF CLAIM NO. 88-37; CLAIHANT-LOUISE HOESSRICH, DATE OF
LOSS-3/15/88, OAI~ FILEO WITH CITY-6/15/88
Rejected subject claim for personal injury in an undetermined
amount as recommended by the City Attorney.
6, REJECTION OF CLAIM NO. 88-24; CLAIMANT-MARK FERGUSON, DATE OF
LOSS-4/8/88, DATE FILED WITH CITY-4/14/88
Rejected subject claim for general damages in the amount of
$100,000 as recommended by the City Attorney.
7. REJECTZON OF CLAIM NO. 87-46; CLAIMANT-DEBORAH MARTIN, DATE OF
LOSS-11/9/87, DATE FILED WITH CITY-12/18/87
Rejected subject claim for personal injury and property damage
in the amount of $6,958 as recon~nended by the City Attorney.
8. REJECTION OF CLAIM NO. 88-34; CLAIMANT-DAVID HAHN, DATE OF
LOSS-3/19/88, DATE FILED WITH CITY-5/20/88
Rejected subject claim for personal injury and property damage
in the amount of $20,200 as recommended by the City Attorney.
9. REJECTION OF CLAIM NO. 88-17; CLAIMANT-STATE FARM FIRE (DEERING),
DATE OF LOSS-1/26/88, DATE FILED WITH CITY-6/B/88
Rejected subject claim fur personal injury in an undetermined
amount as recommended by the City Attorney.
10. REJECTION OF Lq. AIM NO. 88-20; CLAIMANT-REGGIE RAINEY, DATE OF
LOSS-12/2/87, DATE FILED WITH CITY-3/14/88
Rejected subject claim for personal injury in the amount of
$50,000 as recommended by the City Attorney."
11. REJECTION OF CLAIM NO. 88-28; CLAIHAHT-JANICE MARY KRELLE, DATE OF
LOSS-3/7/88, DATE FILED WITH CITY-4/26/88
Rejected subject claim for personal injury and property damage
in the amount of $100,000 as recommended by the City Attorney.
12. RESOLUTION NO. 88-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, FIXING ANO DETERMINING THE AMOUNT OF REVENUE
REQUIRED FROM PROPERTY TAXES OF THE CITY OF TUSTIN AND FIXING THE
RATE OF TAXES QN THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO
SERVICE THE DEBT OF THE GENERAL OBLIGATION BONDS OF THE CITY FOR THE
FISCAL YEAR 1988-89
Adopted Resolution No. 88-91 fixing the tax rate to be levied on
the full value of secured property within the City of Tustin at
.00401 percent to provide adequate resources to service the debt
obligation on outstanding 1973 Civic Center General Obligation
Bonds for fiscal year 1988-89 as recommended by the Finance
Department.
13. RAILROAD CASES
Agreed, by Minute Order, to the following proposed action of the
County Counsel: {1) The plaintiffs shall not be required to
serve any further Pleadings on Orange County defendants, and
service on the Attorney General is sufficient; (2) The Orange
County defendants shall not be required to make any further
appearances or submit any further Pleadings in the action; and
(3) The Orange County defendants agree to be bound by any final
judgment ordered and approved by the court including, if
applicable, the payment of refunds in proportioh to the taxes
allocated to the County; as recommended by the City Attorney.
CITY COUNCIL MINUTES
Page ¢, 8-15-88
14. RESOLUTION NO. 88-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, REVERSING TIlE DECISION OF TIlE PLANNING
COMMISSION AND APPROVING THE USE OF EXPOSED NEON TUBING AT 174 E.
MAIN STREET
Adopted Resolution No. 88-93 approving Design Review 88-13 to
~ allow the use of exposed neon tubing for Daddy-O's Restaurant
recommended by the Community Development Department.
15. CIl~f OF TUSTIN ASSESSMENT DISTRICT NO. 86-2, SOUTHERN CALIFORNIA
EDISON COMPANY UTILITY AGREEMENT
Approved the Southern California Edison Company agreement for
electrical improvement and authorized the Mayor to execute said
agreement as recommended by the Public Works Department/
Engineering Division.
16. TUSTIN RANCH ROAD INTERCHANGE PROJECT AT SANTA ANA (I-5) FREEWAY
AGREEMENT
Approved the freeway agreement and authorized the Mayor to
execute subject to the final approval of the City Attorney as
recommended by the Public Works Department/Engineering Division.
17. REVISION OF MINUTES REGARDING AUDIT COMMII'~EE APPOINTMENTS
Approved the addition to the Minutes of May 2, 1988, regarding
the City Council votes for the Audit Committee appointments as
recommended by the City Clerk.
18. AGREEMENT WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT AND THE
IRVINE COXPANY FOR CONSTRUCTION AND MAINTENANCE OF LOWER PETERS
· CANYON RETARDING BASIN AND APPURTENANT FACILITIES
.' Approved the abOve-referenced agreeme, t and authorized the ~layor
and City Clerk to execute as recommended by the Public Works
Department/Engineeri ng Di vlsi on.
VI. ORDINANCES FOR INTRoDucTION - None
VII. ORDINANCES FOR ADOPTION
1. ADOPTION OF ORDINANCE NO. 1011 RELATIVE TO MINUTES OF CLOSED
SESSIONS
Ordinance No. 1011 had first reading and introduction at the August
1, 1988, Council meeting.
It was moved b)' Kenned),, seconded b)' Prescott, that Ordinance No.
1011 have second reading by title only. The motion carried 5-0.
Following second reading by title only of Ordinance No. iOll by the
City Clerk, it was moved b)' *Kenned)', seconded by Prescott, that
Ordinance No. 1011 be passed and adopted as follows:
ORDINANCE NO. 1011 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO
MINUTES OF CLOSED SESSIONS OF THE CITY COUNCIL
The motion carried 5-0. {Roll call vote)
VIII. OLD BUSINESS
1. STATUS REPORT - ,,1WA/CRAS/ASC
Councilman Kelly was concerned about Robert Badham's recommendation
reported recently in the newspaper.
Steve Rubin, Acting Director of Community Development, indicated
that staff would be investigating the impact and agendize a report
for the September 6, 1988, Council meeting.
William Huston, City Manager, stated that staff had conversation
with the County and the County also views the recommendation
unfavorably. It would have a negative impact upon the City causing
additional commercial overflights. The City's noiie consultant will
review the issue and recommend action to the Council.
CITY COUNCIL MINUTES
Page 5, 8-I5-88
Councilman Kelly took a .poll asking the CouncilmembeFs .if 'they
:hough: the'Fe was a con~nercial aircraft noise problenl. Each
Councilmember responded. Mayor Pro Tern Kennedy: felt :here was an
irregular noise problem; Mayor Hoesterey: believed there was a
problem and ways to solve it; Councilman Edgar: said there was a
noise problem but ii: was difficult to relate the compliance of law
to which commercial airlines are committed and the disturbance
created, that inconsistency was difficult to reconcile; Councilman
Prescott: he was upset about Robert Badham's proposal and thought
he was a "lame duck" Congressman taking a parting shot at Tustin.
The recommendation's sole purpose was to benefit the private plane
owners and would have a detrimental noise effect on Tustin.
Councilman Kelly also polled the Council regarding their support of
initiating legal action at this time against the parties responsible
for the noise pollution. Their responses were as follows. Mayor
Hoesterey: at this point, no, because there was no- basis of
scientific facts to complete a lawsuit; Councilman Edgar thought it
was critical for litigation to be against a set of standards that
can be defended in court and having citizens feel uncomfortable with
noise was not the basis for a lawsuit; Mayor Pro Tern Kennedy: felt
in favor of litigation when it was necessary but wan:ed to look at
other ways to solve the problem; Councilman Prescott: wan:ed
various flight approaches dispersed and if Congressman Badham was
successful in having the laws changed, he supported litigation to
stop him.
Council concurred to receive and file subject report.
EI~ERGENCY SERVICES PLAN
·
It was moved ..b~' Kennedy,, ....seconded b), Edgar, to adopt the "Exercise
Planning Program" as the City's program for writing the initial
draft of a Multi-Hazard Functional Plan and staff training for
disaster response.
Mayor Pro Tem Kennedy asked staff how much time would be needed to
draft the program and have it operational.
Monda Buckley, Administrative Assistant, answered that the plan
would take approximately 4-6 months for development.
The motion carried 5-0.
IX. NEW BUSINESS
TENANT IMPROVEMENTS AT 650 EL CAMINO REAL, SAX OF I'USTIN
Steve Rubin, Acting Di rector of Community Development, reviewed the
information from the Council meeting of August 1, 1988, regarding
the possible waiver of building permit penalty fees for the
improvements at 650 E1 Camino Real. Pursuant to the building code,
tine tenant had been charged a double building fee of $764.00 for
construction work performed without issuance of a building
permit. The original fee would have been $382.00. Upon inspection
of the site, it was discovered that work had continued following the
issuance of a stop-work notice.
It was moved by Kenn. ed},, seconded by Edgar, that the tenant be
charged the building permit fee of $382.00 and the City formally
report the contractor to the State of California Licensing Bureau.
The motion carried 5-0.
PARKS AND RECREATION COI~tISSION APPOINTMENTS
Mayor Hoesterey stated interviews had been held at a special meeting
of the Council for those individuals who expressed interest in
serving as one of the seven members of the Parks and Recreation
Commission. Each Councilmember then received a ballot and was
instructed to cast one vote for their top seven chbices from the
eighteen candidates being considered.
CITY COUNCIL MINUTES
Page 6, 8-15-88
The eighteen candidates being considered were': Donald H. ~iery,
LOis Cart,' Todd Ferguson, 'Nancy Fontaine, Jim Herkimer, Mary C.
Hernandez, 'Fortunato C. Inandan, Linda Jones,' James D. Kane, N.
Karen Kelly, George Mark Little, James A. Niemiec, Kathy O'Brian,
Sam Randall, Orrison L. Steen, Sandra Van Dom Susan Welsh and
Brenda Joyce White. '
Mayor Hoesterey stated he was very impressed with the caliber of
candidates and, if they were not successful 'in this selection
process, encouraged them to conti hue their interest and
participation in the community.
The results of the first balloting were as follows:
Hoesterey: Cart, Ferguson, Jones, Niemiec, Randall Welsh and Van
Dorn '
Kennedy: Cart, Ferguson, Jones, Niemiec, Randall Welsh and Van
Dom '
Edgar: Biery, Cart, Ferguson, Hernandez, Kane Randall and Van
Dorn '
Kelly: Biery, Inandan, Kane, Kelly, Niemiec, O'Brian and White
Prescott: Biery, Hernandez, Kane, Niemiec, Randall Welsh and Van
Dom '
After tabulation of the first balloting, the following were
appointed: James Niemiec {4 votes), Sam Randall (4 votes) and
Sandra Van Dom (4 votes). '
The following candidates were then voted upon during the second
balloting: Donald 8'iery, Lois Cart, Todd Ferguson, James Kane and
Susan Welsh.
The results of the second balloting were as follows:
Hoesterey: Biery, Ferguson, Jones and Welsh
Kennedy: Cart, Ferguson, Jones and Welsh
Edgar: Biery, Carr, Kane and Welsh
Kelly: Biery, Carr and Kane
Prescott: Bi ery and Kane
After tabulation of the second balloting, the following were
appointed: Donald Biery {4 votes), Lois Cart (3 votes), James Kane
(3 votes) and Susan Welsh (3 votes).
From the combined results of the first and second balloting, the
seven members of the Parks and Recreation Commission will be:
Donald H. Biery
Lois Cart
James D. Kane
James A. Niemiec
Sam Randall
Sandra Van Dom
Susan Welsh
3. SB 821 BICYCLE/PEDESTRIAN FACILITIES PROJECT AJ~PLICATION FOR FISCAL
YEA~ 1988-89 '
It was ~.o. ved by Edgar, seconded by Kennedy, to adopt the following:
RESOLUTION NO. 88-g$ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, ORANGE COUNTY, CALIFORNIA, APPROVING THE APPLICATION FOR
BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821
The motion carried 5-0.
4. DENSITY BONUS POLICY
It was ~oved by Prescott, seconded by Edgar, to adopt the following:
CI 'COUNCIL MINUTES
Pas.. 7, 8-15-88
RESOLUTIOII NO. 88-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORN[A, ESTABLISHING A DENSITY BONUS POLICY FOR THE
CITY TO COMPLY WITH CHAPTER 4.3, SECTIONS 65915-65918, OF THE STATE
PLANNING AND ZONING LAW
Mayor Pro Tem Kennedy stated this was an extremely difficult subject
and the City was fighting an uphill battle to lose its image of a
densely populated area. The staff had recommended to review' each
project individually and make a decision regarding the density
bonus. The City does not have a choice about the density bonus, but
does have a choice whether to offer higher density per unit or
financial incentives. The developer is then required to target a
certain percentage of units for moderate income families or senior
citizen housing. She was deeply concerned about who would conduct
the on-going monitoring of these projects for compliance and what
was the difference between a 15-year and 30-year requirement. The
Planning Commission had recommended that consideration be given on a
plan-by-plan basis, but she felt that the struggle to reduce density
would continue for years and did not want any means available to
aggressive developers to obtain the density. She wanted to allow
the waiver of fees and disallow increased density of units.
Steve Rubin, Acting Director of Community Development, responded
that monitoring would be done on an annual certificate required by
the City. This had been a new experience and staff was in the
process of developing formats for agreements and monitoring.
Regarding the 15 versus 30 year agreement, 30 years is mandated when
there is direct financial contribution by the City . Any other time
period is at the discretion of the Council. On the financial
incentive and higher density question, staff's main concern was t~e
ability to provide financial incentives of an equal value to extra
units. It could be ~ery difficult and that was staff's reaso~ for
preferring the flexibility to decide on an individual basis.
Mayor Hoesterey asked what discretionary powers the City had after
enactment of the density bonus policy and would anyone meeting the
criteria of the resolution have total entitlement for development.
His additional concern was what constituted low or moderate income
housing.
Steve Rubin responded that by adopting Resolution No. 88-92, the
Council e~tablished the criteria and it would be given t~) the public
with a design review application. The review process would follow
the same design review process currently being used, which requires
Council action for certain residential or commercial development
projects.
Councilman Edgar said it was clear that development had created high
density in the south and west portions of the City and it should not
be increased. He preferred a direction that allowed compliance with
State mandated laws and limiting additional units in the community.
William Huston, City Manager, suggested that if the Council was
inclined toward financial incentive rather than unit incentive,
staff would review the implications and report back. It could
~mount to significant dollars when comparing incentive value against
density value and does the City want to spend funds of that
magni rude.
Councilman Prescott was against using taxpayer dollars to bribe and
subsidize developers. Every community needs housing for the elderly
and the needy.
Mayor Pro Tern Kennedy stated that overdevelopment indirectly costs
taxpayers additional money in police protection and street maint-
enance when too many people live in a limited amount of space. It
was not the City's responsibility to assist developers in becoming
wealthy, but to assist them to work compatibly within the community.
It was moved by Edgar, seconded by Kennedy, to continue this item at
the September 6, 1988, Council meeting. The motion carried 5-0.
CITY COUNCIL MINU, ~
Page 8, 8-15-88
5. AWARD OF CONTRACT FOR.CONSTRUCTION OF JAMBOREE ROAD BETWEEN TUSTIN
RANCH ROAD AND CHAPMAN AVENUE (NEW), PHASE I
It was moved b~ Edgar, seconded by Prescott, to award a contract to
E. L. Yeager C'onstruction Co. for the above referenced project in
the amount of $5,869,884.00 and approve a Construction Easement
Agreement with The Irvine Company for the project.
Councilman Edgar askeJ for clarification if the paving would be in
two. segments rather than one.
Ron Wolford, Engineering Services Manager, said the project would
involve three separate contracts: {1) for grading and drainage
construction (under consideration this evening), (2) for paving
between Irvine Blvd. and Tustin Ranch Road (approximately next
month), and {3) for paving of Jamboree Road between Tustin Ranch
Road and Chapman Ave (next Spr~ng).
The motion carried 5-0.
6. CULTURAL RESOURCES ADVISORY COFt4II'I'EE
Mayor Hoesterey stated there were currently five applicants to be
considered for the five positions available on the Cultural
Resources Advisory Committee.
After a brief discussion regarding the residency of one applicant,
Council concurred to continue the item at the September
6'~ 1988, Council meeting, and requested staff to verify the address
of Peggy Kisielius. Kelly and Prescott abstained.
.-
:.* 7. PLANNING CO~ISSION VACANCY
It was moved by lEd~ar, seconded by Hoesterey, to interview the
applicants atI an early time on September 6, 1988, agendize the
possibility of appointments at the regular meeting on September 6,
1988, and urge the local newspapers to advertise for applicants
stating the above timeline. The motion carried 5-0.
8. TELEVISED CITY COUNCIL )~EETINGS ON CABLEVISION
It was moved by Kelly, seconded by Kennedy, that live cablevision
transmission of City Council meetings be made available to the
public.
Councilman Kelly stated there had been recent criticism of the
newspaper coverage of Council meetings and cablevision would afford
the public an opportunity to view the Council in action.
Mayor Hoesterey was in favor of live telecasts but also noted some
disadvantages such as the lengthening of Council meetings and use
for campaign purposes during elections.
Councilman Prescott felt the decision of live or taped transmissions
· should be made by the cable company since they will bear the
expense.
Bill Bland, of American Cablesystems, said televising live or taped
proceedings of City Council meetings had been offered before and the
offer remained open.
Mayor Pro Tem Kennedy requested that the City of Irvine's
cablevision company cooperate and form an immediate agreement to
carry the Tustin City Council meetings to the residents of
Peppertree, Laurelwood and East Tustin.
Councilman Edgar was not against televised Council meetings,
however, he felt for it to begin just prior to the election would
create an atmosphere for campaigning and become a mechanism for
exploiting the media. He said that would be a misuse and preferred
delaying the televising until after the election.
' ' COUNCIL MINUTES
P~e 9, 8-15-88
X.
Councilman Prescott was concerned that the lighting used during
televising would prevent him from having eye contact with the
audience.
..
The motion car(led 5-0.'
g. S#OKING IN TIE COUNCIL CtlAMBERS
Councilman-Kelly talked about a letter that was 'recently written to
the' local newspaper criticizing the news media for leaving council
meetings while in session, He stated that the local reporters were
smokers and felt the Council should be more accommodating and allow
smoking in the chambers or provide an outdoor speaker for use during
smoking breaks.
Mayor Hoesterey was against reallowing smoking in the Council
Chambers because of the recent refurbishing of the chambers and for
health reasons. He felt that an outdoor speaker would be
acceptable.
It was moved by Kelly~ seconded by Prescott, to provide an outdoor
speaker for sound transmission of Council meetings.
Joe Herzig stated that in view of the Council's previous vote
regarding Council meetings on cablevision, the question of reporters
missing portions of the meetings may be irrelevant.
Mayor Pro Tem Kennedy asked if members of the press or the
taxpayers would fund the outdoor speaker.
The motion carried 5-0.
After a discussion regarding the expense of the speaker, Mayor
Noesterey noted that the speaker was not just for the media but also
for public use during heavily .attended meetings.
Frank Kamm, reporter for The Tustin News, thanked the Mayor for
that clarification. He thought reporters had been labeled unfairly
as smokers and wanted it noted that the speaker was for everyone's
benefit.
REPORTS
1. PLANNING CO~ISSION ALtTION AGENDA - AUGUST 8, 1988
It was moved by Kennedy, seconded by Edgar, to ratify the Planning
Commission Action Agenda of August 8, 1988. The motion carried 5-0.
2. BINGO GAMES AT TUSTIN AREA S~NIOR CENTER
It was m.oved by Kenned),, seconded by Edgar, to receive and file
subject report. The motion carried 5-0.
3. ~FITI ~OV~
'Ron Wolford, Engineering Services Manager, gave a staff report on
the City's graffiti removal program indicating when graffiti is
discovered on public property it is removed as soon as possible.
The two removal methods used are a high-pressure water jet and
painting over the graffiti with matching surface area color.
Councilman Prescott had noticed graffiti on the Caltrans side of the
Santa Clara Avenue overpass and had requested its removal. But it
was removed by painting over in a non-matching white color.
William Huston, City Manager, responded that City crews did not
paint that wall. Staff was in the process of checking with Caltrans
to determine who was responsible and to prevent future occurrences.
Councilman Edgar thought it was necessary to be alert to areas that
are not publicly owned to insure that the City had prior agreements
with property owners to remove graffiti.
CITY COUNCIL MINU .
Page 10, 8-1.5-88"
Ron Wolford replied that in a case like that the Public Works
Department was assisted by the Community Development Department, who
sent out a code enforcement official. They received cooperation
from the property owner and the owner made ifmnediate arranuements
for the graffiti removal.
XI. OTHER BUSINESS
~;. ABJOURNMENT FOR PtJ~NNING CO~ISSION INTERVIEWS
William Huston, City Manager, reminded Council to adjourn that
evening's meeting to a time for the Planning Commission interviews.
Council concurred to set the time for 5:00 p.m. on September 6,
1988,
2. WATER BILLS
Councilman Kelly asked who had authorized the notice inserted
with the water bills regarding facility rental.
Councilman Kelly also wanted to know if the monthly fixed charge was
a permanent charge.
3. S'~ATUS ON CITY'S PUBLIC RELATIONS VIDEO
Councilman Kelly wanted to know the status of the City's public
relations video.
William Huston, City Manager, stated he believed the Council had
tabled the matter. He would recheck the minutes to verify.
4. REPAIR OF FENCE AT HEALTH CARE FIEDICAL FACILITY
Councilman Kelly requested that the Health Care Medical Facility he
notified to clean the field and repair the fence on Sycamore Avenue.
5. INTERSECTION OF RED HILL ANO WALNUT A~NUES
Councilman Kelly requested a status report on the recent problems at
the intersection of Red Hill and Walnut Avenues. He made note of
the number of liability claims that have been on Council agendas.
6. REPAIR OF DECORATIVE B~ICKWORK ON EL CAMINO REAL
Councilman Kelly noted that the decorative brick(york in the downtown
area, particularly on E1 Camino, had sunk into the sand and needed
repair.
7. INSTALLATION OF LEFT TURN SIGNAL ON OIERRYWOOD DRIVE
Mayor Pro Tem Kennedy wanted to know the date for installation of
the left turn signal at Cherrywood Drive.
8. CANDIDATE BOOTHS AT TUSTIN TILLER DAYS
Mayor Pro Tem Kennedy requested that each candidate for City
election be notified that they may have a booth at Tustin Tiller
Days.
g. OWNERSHIP OF A~LEY (sotm( OF LINDA LANE BETWEEN YORBA AND ROSALIND)
Councilman Prescott wanted to know the ownership of the alley behind
Ralph Westrum's home that was referred to earlier in the meeting.
10. AUDIT COMMITTEE
Councilman Prescott stated a letter dated July 26, 1988, had been
received from the Chairman of the Audit Committee and suggested
agendizing their concerns regarding the role and duties of the Audit
Committee.
CI, ~ COUNCIL MINUTES
Page ll, 8-15-88
11. DEVELOPERS/REAL ESTATE AGENTS APPROACHING RESIDENTS ABOUT THEIR
PROPERTY
Mayor Pro Tem Kennedy reported that she had received three phone
calls from City residents who had been approached by developers or
real estate agents and been told the City is entering into
condemnation activity against tPjeir property. She was very
offended that these tactics were being used and wanted it known that
these allegations about City activity were untrue.' She also had a
call from a woman on E1 Camino who. reported that two men had been
on her property and identified themselves as Councilmembers on
official business.
Councilman Kelly stated that he and his brother were inspecting the
Steven's Square parking structure and they were not on private
property.
XlI. AI)~IOU~NHENT
At g:O5 p.m., the meeting was recessed to the Redevelopment Agency, then
adjourned to interviews of the Planning Commission candidates at 5:00
p.m. on September 6, 1988, and then to the next Adjourned Regular
Meeting on September 6, lgSB, at 7:00 p.m.
MINUTES OF A REGULAR MEETING
OF ll(E REDEVELOPME~iT AGENCY OF
THE CITY OF I~ISTIN, CALIFORNIA
AUGUST 15, 19841
lo
e
CALL TO ORDER
The meeting was called to order by Chaihman Hoesterey at 9:05 p.m. in
the City Council Chambers, 300 Centennial Way, Tustin, California.
ROLL CALL
Agency Members Present- Ronald B. Hoesterey, Ch'airperson
Ursula E. Kennedy, Chairperson Pro Tern
Ri chard B. Edgar
John Kelly
Earl J. Prescott
Agency Members Absent: None
Others Present: William A. Huston, City Manager
James Rourke, City Attorney
Mary E. Wynn, City Clerk
Steve Rubin, Acting Di r. of Comm. Development
Fred Wakefield, Acting Chief of Police
Ronald Wolford, Engineering Services Manager
Royleen White, Dir. of Comm. & Adm. Services
Ronald A. Nault, Finance Di rector
Valerie Whiteman, Deputy City Clerk
.-Lloyd Dick, Building Official
~ Susan Jones, Recreation Supervisor
Approximately 7 in the audience
.
AJ~PROVAJ. OF MINUTES - AUGUST 1, 1988, REGULAR MEETING
It was m.o. ved b~, Edgar, seconded by Kennedy, to approve the 'minutes 'of
August 1, 1988. The motion carried 5-0.
AJ~PROVAL OF DEMANDS IN THE AMOUNT OF $29,347.66
It was moved by Edgar, seconded by Kennedy, to approve subject demands
in the amount of $29,347.66. The motion carried 5-0.
5. ADJOURNMENT
At 9:06 p.m., the meeting was adjourned to the next Adjourned Regular
Meeting on September 6, 1988, at 7:00 p.m.
R~COR~ I NG SE CRETAR Y