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HomeMy WebLinkAboutCC 1 MINUTES 09-06-88MINUTES OF A REGULAR ~ETT' OF THE CITY COUNCIL OF ll CITY OF TUSTIN, CALIFORNIA AUGUST 15, lg08 I. CAJ. L TO ORDER/PLED~ OF A~.LEGIANCE/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 led by Councilman Kelly and the Invocation was given by Councilman Edgar. I I. ROLL CALL Counci 1 persons Absent: Others Present: Councilpersons Present: Ronald B. Hoesterey, Mayor UrSula E. Kennedy, Mayor Pro Tern Ri chard B. Edgar John Kelly Earl J. Prescott None 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 III. VOLUNTEER FIREFIG4TER RECOGNITION DAY - AUGUST 20, 1984) 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 Vol unteer Fi refi ghter Recogni ti on 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 Hol.ms and all members of the Orange County Fire Department, conveyed their appreciation. IV. PUBLIC INPUT 1. 'NO PARKING' SIGNS IN EFFECT DURING STREET 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 MINUTES Page 2, 8-15-88 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 pl aced 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 i nvesti gati on 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 SMOKE 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 were 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 questi on. 3. AGENDIZING OF TREE REMOVAL A. G. Saltarelli, 2332 Fig Tree, Tustin, was attempting to assist his non-English speaking neighbor, Mr. Kim, in the removal of a tree on Mr. Kim's property. After completing the necessary paperwork and speaking with staff, 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. Monda 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 moved by Kenned)/, seconded b~, Edgar, to approve the Consent Calendar with the following notations' The Minutes (Item No. 1) to reflect the clerical correction of "Mr." Afdemberg to "Dr." Afdemberg and Mayor Hoesterey opposing on Item No. 16, Tustin Ranch Road Interchange Project at Santa Aha Freeway Agreement. The motion carri.ed 5-0. 1. APPROVED MINUTES - AUGUST 1, 1988, REGULAR MEETING CITY COUNCIL MINUTES Page 3, 8-15-88 2. APPROVED DEMANDS IN THE AMOUNT OF $1,601,136.29 RATIFIEO PAYROLL IN THE AMOUNT OF $177,997.06 3, REJECTION OF CLAIM NO. 88-32; CLAIMANT-DANNY H. SWINDLE, DATE OF LOSS-2/11/88, OATE FILEO WITH CITY-5/12/88 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; CLAIMANT-NANETTE FONTAINE, DATE OF LOSS-3/22/88: DATE FILED Will( 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; CLAIMANT-LOUISE HOESSRICH, DATE OF LOSS-3/15/88, DATE FILED 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, OATE 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. REJECTION 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 recommended 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-6/8/88 Rejected subject claim for personal injury in an undetermined amount as recommended by the City Attorney. 10. REJECTION OF CLAIM 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 jf $50,000 as recommended by the City Attorney. 11. REJECTION OF CLAIM NO. 88-28; CLAIMANT-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 AND DETERMINING THE AMOUNT OF REVENUE REQUIRED FROM PROPERTY TAXES OF THE CITY OF TUSTIN AND FIXING THE RATE OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY 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 proportion to the taxes allocated to the County; as recommended by the City Attorney. CITY COUNCIL MINUTES Page 4, 8-15-88 14. RESOLUTION NO. 88-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REVERSING THE DECISION OF THE PLANNING COMMISSION AND APPROVING THE USE OF EXPOSED NEON TUBING AT 174 E. MAI N 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. CITY 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 PRO~IECT 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 MIN~F~ES REGARDING AUDIT CO~4II-~EE APPOINTI4ENTS 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. AGREEI~ENT Will4 ll4E ORANGE COUNTY FLOOD CONTROL DISTRICT AND ll(E IRVINE CONPANY FOR CONSTRUCTION AND MAINTENANCE OF LOWER PETERS CANYON RETA.~DING BASIN AND A~PURTENANT FACILITIES Approved the above-referenced agreement and authorized the Mayor and City Clerk to execute as recommended by the Public Works Department/Engi neeri ng Di vi si on. VI. ORDINANCES FOR INTRODUCTION- None VI I. ORDINANCES FOR ADOPTION 1. ADOPTION OF ORDINANCE NO. 1011 RELAT!VE TO MINUTES OF CLOSED SESSIONS Ordinance No. 1011 had first reading and introduction at the August 1, 1988, Counci 1 meeti rig. It was moved ,ib~ Kennedj/, seconded bi/ 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. 1011 6y the City Clerk, it was moved by Kenned)/i,' 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 STATUS REPORT - JWA/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 al so views the recommendation unfavorably. It would have a negative impact upon the City causing additional commercial overflights. The City's noise consultant will review the issue and recommend action to the Council. CITY COUNCIL MINUTES Page 5, 8-15-88 Councilman Kelly took a poll asking the Councilmembers if they thought there was a commercial aircraft noise problem. Each Councilmember responded. Mayor Pro Tem Kennedy: felt there 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 it 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 responsi°ble 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 Tem Kennedy: felt in favor of litigation when it was necessary but wanted to look at other ways to solve the problem; Councilman Prescott: wanted 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. 2. EMERGENCY SERVICES PLAN It was moved ..b~/ Kennedy, seconded bi/ .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 1. TENANT IMPROVEMENTS AT 650 EL CAMINO REAL, SAX OF TUSTIN Steve Rubin, Acting Director 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, the 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 Kenned-y, Seconded b..y Ed~)ar, 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. 2. PARKS AND RECREATION CO~4ISSION 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 choices from t'he eighteen candidates being considered. C I TY COUNC I L MI NUTES Page 6, 8-15-88 The eighteen candidates being considered were: Donald H. Biery, Lois Carr, 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 Dorn, 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 nu~ their interest and participation in the community. Hoesterey: Ken nedy: Edgar: Kel 1 y: Prescott: The results of the first balloting were as follows: Carr, Ferguson, Jones, Niemiec, Randall, Welsh and ~an Dorn Carr, Ferguson, Jones, Niemiec, Randall, Welsh and Van Dorn Biery, Carr, Ferguson, Hernandez, Kane, Randall and Van Dorn Biery, Inandan, Kane, Kelly, Niemiec, O'Brian and White Biery, Hernandez, Kane, Niemiec, Randall, Welsh and Van Dorn 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 Biery, Lois Cart, Todd Ferguson, James Kane and Susan Welsh. The results of the second balloting were as follows: Hoesterey: Kennedy: Edgar: Kelly: Prescott: Biery, Ferguson, Jones and Welsh Carr, Ferguson, Jones and Welsh~ Biery, Carr, Kane and Welsh Biery, Carr and Kane 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 Carr James D. Kane James A. Niemiec Sam Randal 1 Sandra Van Dorn Susan Welsh 3. SB 821 BICYCLE/PEDESTRIAN FACI~'ITIES, PROJECT AJ~PLICATION FOR FISCAL YEAR 1988-89 It was moved by Edgar, seconded by Kennedx, to adopt the following: RESOLUTION NO. 88-95 - 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 moved b~/ Prescott, seconded by Edgar, to adopt the following: CITY COUNCIL MINUTES Page 7, 8-15-88 RESOLUT[OII NO. 88-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, 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 peri od is at the discretion of the Council. On the financial incentive and higher density question, staff's main concern was the ability to provide financial incentives of an equal value to extra units. It could be very difficult and that was staff's reason 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 established the criteria and it would be given to 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 amount to significant dollars when comparing incentive value against density value and does the City want to spend funds of that magnitude. 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 MINUTES Page 8, 8-15-88 5. AWARD OF CONTRACT FOR CONSTRUCTION OF JAMBOREE ROAD BETWEEN TUSTIN RANCH ROAD AND CHAPMAN AVENUE (NEW), P~ASE It was moved b~ Edgar, seconded by Prescott, to award a contract to E.~ L. Yeager construction co. 'for l~He above referenced project in the amount of $5,869,884.00 and approve a Construction Easement Agreement with The Irvine Company for tile project. Councilman Edgar asked 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 ithis evening), (2) for- paving between 1trine Blvd. and Tustin Ranch Road (approximately next month), and (3) for paving of Jamboree RQad between Tustin Ranch Road and Chapman Ave (next Spring). The moti on carri ed 5-0. 6. CULTURAL RESOURCES AOVISORY COI~qlTTEE 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, Counci 1 concurred to conti hue the item at the September 6, 1988, Council '~neeting, and requested staff to verify the address of Peggy Kisielius. Kelly and Prescott abstained. 7. PLANNING CO~ISSION VACANCY It was moved by Edgar,, seconded bi/ Hoesterey, to interview the applicants at 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.. TELEVISED CITY COUNCIL )~EETINGS ON CABLEVISION It was moved by Kelly, seconded bY Kenne,dyll, 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. CITY COUNCIL MINUTES Pa§e 9, 8-15-88 Xo Councilman Prescott was concerned that the lighting used during televising would prevent him from having eye contact with the audience. The motion carried 5-0. 9. SMOKING IN ll~E COUNCIL C~AMBERS 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 heal th reasons. He felt that an outdoor speaker would be acceptable. It was moved i,bJ/ Kellj/, seconded bi/ 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 Hoesterey 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 ACTION AGENDA - AUGUST 8, 1988 It was moved bi/ Kennedj/, seconded by Edgar, to ratify the Planning Commission Action Agenda of August 8, 1988. The motion carried 5-0. 2. BINGO CW~MES AT TUSTIN AREA SENIOR CENTER It was moved bi/ Kennedj/, seconded by. Ed~alr, to receive and file subject report. The motion carried 5-0. 3. GRAFFITI REMOVAL 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 col or. 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 MINUTES Page 10, 8-15-88 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 immediate arrangements for the graffiti removal. XI. OTHER BUSINESS 1. AD,.IOURI~ENI' FOR PLANNING COFt~ISSIOfl IgTERVIEWS William Huston, Cj;ty Ma. nager, 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 wi th the water bills regarding facility rental. Councilman Kelly also wanted to know if the n~nthly fixed charge was a permanent charge. 3. ~-~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 ~DICAL FACILITY Councilman Kelly requested that the Health Care Medical Facility be notified to clean the field and repair the fence on Sycamore Avenue. $. INTERSECTION OF RED HILL AND WALNUT AVENUES 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 BRICKWORK ON EL CAMINO REAL Councilman Kelly noted that the decorative brickwork in the downtown area, particularly on E1 Camino, had sunk into the sand and needed repair. 7. INSTALLATION OF LEFT TURN SIGNAL ON CHERRYWOO0 DRIVE Mayor Pro Tern 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. 9. OWNERSHIP OF ALLEY (SOUTH OF LINOA 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. CITY COUNCIL MINUTES Page 11, 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 their 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. XI I. Ai~OURNHENT At 9:05 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, 1988, at 7:00 p.m. HAYOR I,, CITY CLERK