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HomeMy WebLinkAboutCC 1 MINUTES 10-03-88MINUTES OF A REGUL~RMEETING OF THE CITY COUNCIL OF ~ITY OF TUSTIN, CALIFORL. SEPTEMBER 19, 1998 II. IV. Vo 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 led by Councilman Prescott and the Invocation was given by Mayor Hoesterey. ROLL C~LL Council Present: Council Absent: Others Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar · John Kelly Earl J. Prescott None William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Dir./Comm. Dev. Fred Wakefield, Acting Chief of Police Robert Ledendecker, Dir./Public Works Valerie Whiteman, Deputy City Clerk Steve Rubin, Senior Planner Approximately 50 in the audience PROCLAMATIONS 1. MASONIC U.S. CONSTITUTION OBSERVANCE MONTH, SEPTEMBER 1988 Mayor Hoesterey read and presented the proclamation to three members of the Masonic Lodge: Lowell Benton, Bob Little and Joseph Presutti. The proclamation proclaimed the month of September, 1988, as Masonic U.S. Constitution Observance Month. Mr. Benton thanked the City Council and presented a book to each Council- member entitled "Masons Who Helped Shape Our Nation". Z. N~TIONAL McGRUFF CRIME FIGHTING AND CHILD PROTECTION PROGI~%M Mayor Hoesterey read andpresented the proclamation to Arlene Steinert and Carol McDonald, representing the Telephone Pioneers of America; and to "McGruff", the official mascot of the National Crime Prevention Council. Carol McDonald thanked the City Council and gave a brief description of the McGruff Crime Fighting program. PUBLIC HEARING - None PUBLIC INPUT 1. COLOR OF RED FOR MARKETPLACE BUILDING Margarete Thompson, 2251 Barberry Road, Tustin, stated her concern regarding the red color of the Marketplace building. She thought the building was atrocious and asked the Council to use their influence to have the color changed. She was speaking on behalf of the Laurelwood Homeowners Association and the Laurelwood Townhouse Association. . Helen Edgar, 13622 Loretta Drive, TUstin, also expressed her displeasure of the Marketplace building color. CITY COUNCIL MINUTES Page 2, 9-19-88 Mayor Hoesterey said the Council was aware that the color of the Marketplace building was not what was presented originally. Discussions were currently taking place concerning the matter. 2. POLITICAL CAMPAIGN SIGNS Margarete Thompson felt it was not appropriate to have political campaign signs displayed at such an early date. GRAFFITI ON THE CORNER OF LORETTA DRIVE ANDSANTA CLARA AVENUE Helen Edgar, 13622 Loretta Drive, reported there was graffiti on a brick wall at the southwest corner of Loretta Drive and Santa Clara Avenue. 4. EXCESS WATER FLOW FROM PEPPERTREE PARK Dorothy Patton, 315 South "C" Street, Tustin, reported an excess amount of water flowing in the street gutters from Peppertree Park. Mayor Hoesterey directed staff to investigate the watering schedule for Peppertree Park. PROPOSED INTERCHANGE AT I-$ AND 55 FREEWAYS Richard "Skip" Murray, 15500 Tustin Village Way, Tustin, expressed concerns regarding the Orange County Transit District's and Caltrans' projected plans for the I-5 and 55 Freeway interchange.. His concerns included noise, unsightliness, air pollution and safety. He wanted to know what action the City Council would be taking regarding this project. Robert Ledendecker, Director of Public Works, said he would contact Caltrans and have a Caltrans representative available for questions at the October 3, 1988 City Council meeting. Mayor Hoesterey requested that the Public Hearing and EIR information regarding this project be made available to Mr. Murray. CITY CAMPAIGN POLICY AND PROCEDURES Joseph Langley, 14782 Hillsboro Place, Tustin, asked to have a clarification from the City Council regarding campaign signs. He stated that apparently the information he received, upon filing his campaign papers, was no longer valid since one candidate had displayed his campaign signs prior to the 30-day election posting requirement. He also questioned if the $100 bond was still required for posting of signs and what constituted "public right-of-way". He felt the candidates were confused and needed to know the correct policies to follow. James Rourke, City Attorney, said due to recent Court decisions, the City could not enforce the sign provisions except those that prohibit signs on public property and City property. Mayor Hoesterey asked if placement of signs on personal property required permission be granted by the owner. He received an affirmative answer from the City Attorney. CITY COUNCIL MINUTES Page 3, 9-19-88 William Huston, City Manager, indicated that staff had been directed to remove any political signs found within the public right-of-ways. Discussion then followed regarding what specifically was "public right- of-way". Mayor Pro Tem Kennedy said she was very sorry that the Council had not had the new rules and regulations printed for the candidates. Court cases had supported the First Amendment right of people to express themselves in an election, but candidates do not have the right to post signs on private property or affix their sign to any piece of private property. She wanted'to direct the City Attorney, with concurrence of Council, to review the political signing and littering ordinances the same as the City does for private and commercial use. Councilman Prescott preferred having the City Attorney write a letter to all candidates informing them of their rights. Councilman Kelly stated as a candidate he had found ordinances involving political literature were also unenforceable. He felt that the littering issue was a separate one and could not be paired with political material. He also wanted a letter addressed to all candidates regarding campaign "guidelines". He said that local campaign ordinances had never been enforced in the past. Councilman Edgar shared his dissatisfaction with what had occurred and he was more than willing to submit to a set of sign and litter rules. He said those that choose to misuse the rules will do so, while those that want to do what is right and follow the rules are put at a disadvantage. He felt it was unfair and wanted the City to respond quickly with a set of enforceable rules. 7. MARINE HELICOPTER BASE EXERCISES Joseph Langley, 14782 Hillsboro Place, Tustin, said the Marine Helicopter Base would be conducting flight exercises during the months of September, October and November. The helicopter flights would occur from midnight to 6:00 a.m., three days per week for approximately six weeks. He noted that the Irvine City Council had discussed this public problem with the Marine Base and wanted to know if the Tustin City Council would also be taking action. Mayor Hoesterey responded that discussion had taken place but no formal action as a Council had occurred. 8. DIAMOND LANES Charles Farnham, 15500 Tustin Village Way, Tustin, stated his opposition to diamond lanes and wanted to know the Council's position on diamond lanes, bus lanes, etc. vs. the addition of lanes for normal traffic. Mayor Hoesterey stated there had been diversified individual opinions, but there had not been a solidified position as a Council. He suggested this item also be agendized for the meeting of October 3, 1988, when the Caltrans representative would be available for questioning. CITY COUNCIL MINUTES Page 4, 9-19-88 VI. 9. RENT CONTROL FOR MOBILE HOME PARKS Betty Davies, 106 S. Portola Lane, Tustin, addressed the Council regarding rent control for mobile home owners and her personal experience as a resident in mobile home parks. She had many concerns which included excessive profits by park owners, senior citizens on fixed incomes, harassment of pet owners, and lack of rights for mobile home owners. -She wanted to know, within a given time, when the Council could respond to her concerns of rent increases. Mayor Hoesterey stated his support and the Council's for concerns of senior citizens. The Council would need information from staff as to what had been done in the past before agendizing and deliberating this issue. He believed there was no easy solution to the problem and it would take time to resolve. Councilman Prescott said that rent control for apart- ments should also be included. Brandon Rosenberg, owner of the Sutcliffe Mobile Home Park, Tustin, gave an overview of mobile home park history in Orange County. He did not feel it was the place of local government to become involved in commerce at this level and he was willing to meet with the Council and review the historical occurrences in the mobile home park business. CONSENT CALENDAR Item No. 1 was removed from the Consent Calendar by Councilman Prescott and Item No. 9 was removed by Councilman Edgar. It was moved by Kennedy, seconded by Edqar, to approve the remainder of the Consent Calendar. The motion carried 5-0. 2. APPROVED DEMANDS IN THE AMOUNT OF $796,160.73 IU%TIFIED PAYROLL IN THE AMOUNT OF $184,036.91 3. NARCOTIC ASSET FORFEITURE FUNDS Appropriated $37,393.00 from existing Narcotic Asset Forfeiture Trust Funds for the purchase of narcotic enforcement related items as recommended by the Police Department. 4. RESOLUTION NO. 88-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REVISED PERSONNEL RULES AND REGULATIONS OF THE CITY OF TUSTIN Adopted Resolution No. 88-103, the revised Personnel Rules and Regulations, as recommended by the Administrative Services Department. 5. RESOLUTION NO. 88-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 13556, A VESTING MAP Approved Final Tract Map No. 13556 by adopting Resolution No. 88-102 as recommended by the Community Development Department. 6. RESOLUTION NO. 88-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF JAMBOREE ROAD FROM IRVINE BOULEVARD TO TUSTINRANCH ROAD, AD 86- 2, PROJECT NO. 700077 (PHASE II) Adopted Resolution No. 88-104 approving the plans and specifications for subject prpject and directing the City Clerk to advertise for bids as recommended by the Public Works Department/ Engineering Division. CITY COUNCIL MINU~S Page 5, 9-19-88 7. RESOLUTION NO. 88-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING 'AT THE INTERSECTION OF EDINGER AVENUE AND DEL AMO AVENUE, PROJECT NO. 800025 Adopted Resolution No. 88-105 approving the plans and specifications for subject project and directing the City Clerk to advertise for bids as recommended by the Public Works Department/ Engineering Division. 8. RESOLUTION NO. 88-106 - A RESOLUTION OF THE CITY COUNCIL oF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF SIDEWALKS AND LANDSCAPING FOR TUSTIN RANCH, 'PHASE II AND AUTHORIZING ADVERTISING OF BIDS "Adopted Resolution No. 88-106 approving the plans and specifications for subject project and authorizing advertising for bids as recommended by the Public Works Department/Engineering Division. 10. AGREEMENT FOR SPECIAL SERVICES Authorized the City Manager to execute agreement with Filarsky and Watt to provide legal and consultative services to the City in regard to employee/employer relations, including representation in administrative and court proceedings, as well as labor negotiations as recommended by the Administrative Services Department. consent Calendar Item No. I - Minutes, September 6, 1988, Adjourned Regular Meeting Councilman Prescott requested that the maker of the motion on Old Busines No. 1 be corrected to "Kelly" rather than Kennedy and the second on New Business Item No. 5 be corrected to "Kelly" rather than Kennedy. Mayor Pro Tem Kennedy recalled seconding New Business Item No. 5 for discussion purposes, but wanted the tape rechecked. It was moved by Kennedy, seconded by Edqar, to approve the minutes as corrected. The motion carried 5-0. (After rechecking' the tape, Mayor Pro Tem Kennedy did second the New Business No. 5 motion for discussion and Old Business No. i was corrected to reflect Councilman Kelly as the maker of the motion.) Consent Calendar Item No. 9 - Resolution No. Councilman Edgar noted that the scheduled date for Public Hearing was the date the Council would be attending the annual meeting of the California League of cities in San Diego. He requested that the scheduled date be changed to Wednesday, October 19, 1988. It was moved by Edgar. seconded by Kennedy, to approve the following with the Public Hearing date changed from October 17, 1988, to October 19, 1988: RESOLUTION NO. 88-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF SAN JUAN STREET BETWEEN ORANGE STREET AND CHARLOMA DRIVE Mayor Hoesterey asked if the resolution should say it was the intention of the City Council to vacate or agendize, for discussion, the resolution. William Huston, City Manager, said the resolution followed State format and does not mean the Council will approve the vacation. --~ The motion carried 5-0. CITY COUNCIL MINUTES Page 6, 9-19-88 VII. VIII. IX. ORDINANCES FOR INTRODUCTION - None ORDINANCES FOR ADOPTION - None OLD BUSINESS 1. STATUS REPORT - JWA/CRAS/ASC Councilman Edgar acknowledged that the acquisition of information needed to understand the noise impact was laborious but critical in order to have a thorough- u~derstanding of the facts. With that understandings. the Council will have an optimum 6pportunitY to take action. It was moved by Edqar, seconded by Kennedy, to receive and file subject report. Mayor Pro Tem Kennedy said the report mentioned that Orange County is now in the process of the Phase II expansion. She requested the City take an official stand and (1) request that quieter planes become a major part of the landings at John Wayne Airport, (2) request time restrictions and curfews be sustained and not expanded and (3) limit the number of landings. She wanted a strong letter prepared on these issues and have staff or the Mayor attend hearings to address them. Councilman Prescott noted there was a "black hole" on the Noise Measurement Sites map. There was no site designated in the triangle bounded by the 5 Freeway, 55 Freeway and-Newport Boulevard and thought a site should be included in that area. Staff was requested to investigate the addition of a site in that area; Mayor Hoesterey noted that the motion would include the preparation of a letter regarding the three issues raised by Mayor Pro Tem Kennedy. The motion carried 5-0. CULTURAL RESOURCES ADVISORY COMMITTEE After discussion as to the selection process and the membership makeup required by the Ordinance, Mayor Hoesterey directed the Council to cast their ballot for five individuals who would be the appointees to the Cultural Resources Advisory Committee. Mayor Pro Tem Kennedy suggested drawing at random after the balloting to determine the length of service for the Committee. The Council then cast their votes from the following candidates: Robert M. Edgell, Onnolee Elliott, Nancy Fontaine, Margaret Pottenger, John V. Sauers, Jeff R. Thompson and Richard M. Vining. The results of the voting were as follows: Hoesterey: Edgell, Pottenger, Sauers, Thompson, Vining Kennedy: Edgell, Pottenger, Sauers, Thompson, Vining Edgar: Edgell, Fontaine, Pottenger, Sauers, Vining Kelly: Abstained Prescott: Abstained "~".'"' The following will serve as the Cultural Resources Advisory Committee: Robert Edgell, Margaret Pottenger, John Sauers, Jeff Thompson and Richard Vining. CITY COUNCIL MINUS-RS Page 7, 9-19-88 3. DENSITY BONUS POLICY Steve Rubin, Senior Planner, gave a background report on the density bonus policy. Staff believed that the policy recommended to the Council by the Planning Commission struck a reasonable balance between concerns for density and the issue of cost to the City. Councilman Kelly noted that at present only nine cities in Orange County had a density bonus policy .and asked if other cities would have to adopt one. Steve Rubin responded that as developers approach cities for a density bonus, cities cannot refuse the request and would have to institute a program that satisfies the State law. Mayor Hoesterey was concerned that the program could not be properly monitored to insure that lower rents were being charged. The City is close to 50% multi- f~mily units and does meet the needs for lower income housing. He felt the policy had the potential to increase the density in the City to an even higher rate. Councilman Edgar's quandary was with the pressure that State law mandates action and how that impact can be minimized in the community. The alternative was to have a policy of guidelines or react individually to each legal request from a developer. Mayor Hoesterey thought the Council should ask Sacramento to review this program and perhaps legislation could accommodate communities that already had an abundance of multi-family dwellings/lower income housing as opposed to each community meeting the requirement of all new projects having density bonuses. Councilman Prescott questioned the legality of disobeying the~State law. Christine Shingleton, Director of Community Development, clarified that under provisions of State law, the City had 90 days to respond to a developer's application. In this particular case, the developer has not yet filed an official application for density bonus. She suggested that the item could be continued until an official application was filed. William Huston, City Manager, said if the Council wanted to pursue the legislative concept, staff could explore possible exemption due to the high ratio of multi-.family housing in the City. Mayor Pro Tem Kennedy did not support civil disobedience. When she disapproved of a law, she obeyed it and then worked hard to change it. She recommended contacting State legislators regarding the City's high percentage of multi-family units which could qualify as low to moderate income housing. She said it was a flawed law and wanted to point out to the State that some cities had already done their share. After further discussion regarding technical data in the staff report, it was moved by Hoesterey, seconded by Kennedy, to (1) continue this item, (2) implement the lobbying process through the League of California Cities regarding the special housing circumstances in the City of Tustin and (3) direct staff to return the matter for Council action when the 90-day deadline requires compliance. CITY COUNCIL MINU~ Page 8, 9-19-88 Xo Councilman Prescott offered a substitute motion that the Council approve Resolution No. 88-92, but only as it applies to senior citizens. There was no second offered on the substitute motion. He then asked the City Attorney if a developer brought a lawsuit against the Council, would a Councilmember be personally liable. The response from the City Attorney was negative. Councilman Edgar restated that the City had not been presented with a developer's formal request and when the formal request was made, then the City would be- obliged to respond. If the City did choose to ignore it, then there would be a basis for liability. Councilman Prescott requested to have a report at the meeting of October 3, 1988, advising'the Council as to the legality of postponing the Density Bonus Policy. Mayor Hoesterey stated Councilman Prescott's request would be incorporated into the original motion. The motion carried 5-0. NEW BUSINESS 1. FINANCIAL SUPPORT FOR THE BOYS AND GIRLS CLUB Councilman Edgar had requested this item be agendized. With the elimination of financial support through the go-kart races, he had asked Mr. Cliff Polston, Director of the Boys and Girls Club of Tustin, what their most critical need was at this time. Mr. Polston said the Club had received, as a donation, a major renovation of the gymnasium floor and needed to replace the old bleachers. Mr. Polston had an estimate, of $17,000 for replacement of the bleachers. Councilman Edgar felt this was an area where the City could offer financial assistance, with the understanding that it would be a one-time gift. It was moved by Edgar, seconded by Hoesterey, to authorize payment to the Boys and Girls Club of Tustin for replacement of their bleachers for the maximum amount of $17,000 with the provision that competitive bids be taken to minimize the cost. Mayor Hoesterey had questions regarding a gift of public funds and wanted to know how the City could legally assist the Boys and Girls Club financially. James Rourke, City Attorney, said the matter would have to be reviewed but he felt it could be done in that the activities of the Club fulfill various functions within the community that the City would otherwise have to, or choose to, provide. Joe Langley, 14782 Hillsboro Place, Tustin, stated that six months ago he had spoken about the needs of the Boys and Girls Club. He did not feel there was any legal issue or problem because the City still held a large sum of money received when the old youth club was destroyed by fire and that money was to be returned to the youth of Tustin. The $17,000 was a small share of that money. He then gave a brief summary of his experience as a Councilmember regarding this issue. Councilman Kelly stated he was opposed to an expenditure such as this because it sent a message to other organizations that City government is a "Santa Claus". He wanted to delay action until after the November election. CITY COUNCIL MINU~S Page 9, 9-19-88 XI. Mayor Hoesterey said the City had a revenue sharing program in the past where many of the local organizations, such as the Boys and Girls Club, had benefited from participation. The program had been discontinued at the federal level. Additionally, the City received a cost saving through activities of the Boys and Girls Club, such as .minimizing the police department costs. The entire community benefited. As a substitute motion, it was moved by Kennedy. seconded by Kelly, to continue this matter until a report was prepared on how the Club benefits the City and then vote on the expenditure at the October 3, 1988 meeting. Councilman Edgar did not feel such a report would add information and was unnecesary. Councilman Prescott wanted the report to include the complete transfer of all City sponsored activities to private organizations. Dorothy Hoesterey, of Tustin Meadows, expressed her support of the Boys and Girls Club and could not believe the Council would argue over an amount as small as $17,000 to help children. The substitute motion failed 2-3, Hoesterey, Edgar and Prescott opposed. The original motion carried 4-1, Kelly opposed. Ken Hoesterey suggested 'to the Council that private sectors be utilized to raise funds for these types of activities and' a committee be formed to establish a "Tustin Community Chest". REPORTS 1. PLANNING COMMISSION ACTION AGENDA - SEPTEMBER 12, 1988 Mayor Pro Tem Kennedy asked the status of the Winston Tire proposal. Christine Shingleton, Director of Community Development, stated the Planning Commission had denied the Conditional Use Permit application submitted by Winston Tire. It was moved by Edgar, seconded by Kennedy, to ratify the Planning Commission Action Agenda of September 12, 1988. The motion carried 5-0. STATUS REPORT REGARDING CABLE TELEVISION COVERAGE OF CITY COUNCIL MEETINGS Robert Ledendecker, Director of Public Works, said a proposal had been received from American Cable indicating they were prepared to commense televising of the Council meetings on a meeting per meeting basis. There would be two cameras with lighting and at 2:00 p.m., on the day of the Council meeting, they would set up the equipment. Staff felt that if the televising was to be permanent, then the equipment should also be as permanent as possible to eliminate loose wiring and cable on the floor. No response had been received from Community Cablevision, the franchise serving the areas of Laurelwood, Peppertree and East Tustin, as to whether they would be willing to share this joint' venture with American Cable. In order to televise live in all areas of the City, it would take a direct link between the two cable companies. CITY COUNCIL MINUTRS Page 10, 9-19-88 XII. Mayor Pro Tem Kennedy felt it was essential that the cable companies join together in the televising and she encouraged The Irvine Co. to cooperate. Additionally, she wanted the Mayor to write both cable companies requesting coverage of a candidates' night. Councilman Prescott thought the cable companies were being stymied at the City level and he could not understand why the televising had not begun. William Huston, City Manager, stated there were practical problems involving taping of cable to the floor. If someone tripped, the City would be liable. Additionally, if the issue of nonparticipation by Community Cablevision was not resolved, part of the City would not receive coverage. Councilman Prescott thought the issue of the two cable companies should be resolved between themselves with City encouragement, but it should not restrict the televising of the next Council meeting. Councilman Kelly noted that the school district televises sporting events regardless of possible liability. Mayor Hoesterey said there were two weeks to resolve the technical problems between the staff and the cable company. Council concurred that the next Council meeting on October 3, 1988, should be televised. 3. STREET LIGHT · REQUEST, HOLLYHOCK AVENUE BETWEEN BROOKSHIRE AVENUE AND GREENMEADOW AVENUE It was moved by Edgar, seconded by Kelly, to authorize the installation of a marbelite street light (5800 lumen~ and underground conduit on both Hollyhock Avenue and Glenarbor Avenue at mid-block, and authorize a supplemental 1988-89 budget appropriation in the amount of $7,200 for said installations. The motion carried 5-0. 4. COUNCIL CONCERN - TUSTINMEADOWS It was moved by Edgar, seconded by Kelly., to receive and file subject report. The motion carried 5-0. 5. PARKING RESTRICTIONS ON WESTERLY SIDE OF CENTENNIAL WAY BETWEEN FIRST AND SECOND STREETS It was moved by Edgar, seconded by Kennedy, to receive and file subject report. The motion carried 5-0. 6. DRIVING UNDER THE INFLUENCE (DUI) ENFORCEMENT Mayor Hoesterey had wanted the Council to be aware of this program and commended the Police Department for the excellent job. The results showed that the number of traffic accidents related to driving under the influence of alcohol/drugs was reduced from 10 percent to 5.6 percent. OTHER BUSINESS 1. 405 FREEWAY WALL BETWEEN HUNTINGTON BEACH AND FOUNTAIN VALLEY Mayor Pro Tem Kennedy directed Bob Ledendecker's attention to the 405 Freeway wall, west side, between Huntington Beach and Fountain Valley. She said it was CITY COUNCIL MINUTES Page 11, 9-19-88 artistic, well done and hoped the City of Tustin would have a similar wall. 2. CHANGING RED HILL AVENUE TO THREE LANES Mayor Pro Tem Kennedy inquired about a third lane on Red Hill Avenue proceeding north from the Marine Corps Air Station to Edinger. Robert Ledendecker responded that litigation involving an accident in that area had been settled and staff would be restriping the right turn lane only, which is just north of M.C.A.S. At that time, staff could stripe in a third lane,.but hesitated to do so because as you approach the intersection, it must' narrow to two lanes. Another concern was at the flood control channel and Red Hill Avenue where there was a shortage of space for pedestrian and vehicle traffic. After further discussion regarding the logistics of a third lane, staff will prepare a report for Council consideration on October 3, 1988. 3. RED COLOR OF MARKETPLACE BUILDING Mayor Pro Tem Kennedy said community members had voiced to her their concern regarding the color red used on the large Marketplace building. She was disappointed with the disrespect shown by The Irvine Company and planned to discuss it at the next meeting. Councilman Edgar voiced his concern also and thought it was critical that the developer follow the approved plans. 4. GRAFFITI ON NEW EAST TUSTIN APARTMENT WALLS Mayor Pro Tem Kennedy reported graffiti on the new apartment Walls in the East Tustin area. 5. CHANGE OF COUNCIL MEETING FROM OCTOBER 17, 1988 TO OCTOBER 19, 1988 Councilman Edgar wanted it noted that the Council meeting of October 17, 1988, would be changed to October 19, 1988. The Council will be attending the California League of cities' annual meeting. SELECTION OF VOTING DELEGATES FOR LEAGUE OF CITIES ANNUAL MEETING Councilman Edgar stated a voting delegate had not been identified. It was moved by Edgar, seconded by Kennedy to waive the 72 hour notice because Council had not agendized the item for designating a voting delegate for the League 'conference. The motion carried 5-0. It was moved by Hoesterey, seconded by Prescott, to nominate Councilman Edgar as the League voting delegate. The motion carried 5-0. It was moved by Hoesterey, seconded by Edgar, to nominate Mayor Pro Tem Kennedy as the League voting delegate alternate. The motion carried 5-0. 7. GRAFFITI AT FIRE LANE, MARSHALL THROUGH FAIRHAVEN Councilman Edgar noted the existance of graffiti in an unused fire lane alleyway from Marshall Lane to Fairhaven Avenue and requested immediate removal. CITY COUNCIL MINUTES Page 12, 9-19-88 RESTRICTING SPEED LIMIT ON SANTA CLAR~ AVENUE Councilman Edgar requested staff investigate the possibility of restricting the speed limit in the vicinity of Santa Clara between Yorba and the 55 Freeway due to a potential safety hazard. 9. STATUS ON COMI~UNITY CARE FACILITIES Councilman Edgar asked if the State was now required to notify the City of a potential rehabilitation site allowing the City the opportunity to reply if the site was too close in proximity to another communit~ care facility. .- Christine Shingleton, Director of Community Development, replied that distance limitations only applied for community care facilities, not drug/alcohol recovery facilities. This was one of the discrepancies that the City had requested be corrected by the State. 10. GI~FFITI ON 'CALTI~%NS PU~PING STATION AND HARSHALLS' TRASH RECEPTACLE WALL Councilman Prescott reported graffiti on the Caltrans pumping station, west side of Pasadena and south of First Street. He also reported graffiti on the trash receptacle wall behind Marshalls Store. 11. POLICE DEPARTMENT'S BICYCLE PATROL Councilman Prescott complimented the Poiice Department on their bicycle patrol. He thought it was a great addition to law enforcement. 12. SPEAKER OUTSIDE COUNCIL CHAHBERS Councilman Prescott noted that the outside speaker for use during Council meetings was now available for public use. 13. LETTER TO ALL ELECTION CANDIDATES REGARDING CAMPAIGN RULES AND REGULATION Councilman Prescott requested the City Attorney send a letter to all election candidates outlining local campaign policies. 14. EXPENDITURE ON BLEACHERS FOR BOYS AND GIRLS CLUB Councilman Prescott requested a report involving the funds that will be spent on the bleachers for the Boys and Girls. 15. FRICKER CHEMICAL COMPANY Mayor Hoesterey reported that the Fricker Chemical Co., formerly of the City of Tustin, had been deemed in a Los Angeles Times article one of the worst toxic polluters in Orange County and fined over $200,000. CITY COUNCIL MINUTES Page 13, 9-19-88 XIII. At 9:33 p.m., the meeting recessed to the 'Redevelopment Agency and then adjourned to the next Regular Meeting on Monday, October 3, 1988, at 7:00 p.m. MAYOR CITY CLERK