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HomeMy WebLinkAboutCC MINUTES 1992 06 15MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JUNE 15, 1992 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Pontious at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Mayor Pro Tem Potts. II. INVOCATION The Invocation was given by Rabbi Elie Spitz, Congregation B'Nai Israel. III. ROLL CALL Council Present: Leslie Anne Pontious, Mayor Jim Potts, Mayor Pro Tem Charles E. Puckett Thomas R. Saltarelli Jeff Thomas Council Absent: None City Clerk: Mary E. Wynn Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Royleen White, Dir./Community & Admin. Services Dana Kasdan, Engineering Services Manager Dan Fox, Senior Planner Doug Anderson, Transportation Engineer Beverley White, Deputy City Clerk Approximately 60 in the audience IV. PUBLIC HEARINGS 1. VESTING TENTATIVE TRACT MAP NO. 14168 Dan Fox, Senior Planner, reported the applicant was proposing to subdivide an 11 acre site for development of 120 condominium units. He stated that all development standards were in conformance with the East Tustin Specific Plan. Mayor Pontious opened the Public Hearing at 7:05 p.m. The following member of the audience spoke in favor of Vesting Tentative Tract Map No. 14168: Bill Moorhous, California Pacific Homes There were no other speakers on the subject and the Public Hearing was closed at 7:06 p.m. It was moved by Potts, seconded by Thomas, to approve the Environmental Determination for the project by adopting the following Resolution No. 92-80: r-. RESOLUTION NO. 92-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP NO. 14168 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Puckett, seconded by Saltarelli, to approve Vesting Tentative Tract Map No. 14168 by adopting the following Resolution No. 92-81: CITY COUNCIL MINUTES Page 2, 6-15-92 RESOLUTION NO. 92-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING OF VESTING TENTATIVE TRACT MAP NO. 14168 TO CREATE NINE (9) NUMBERED LOTS AND FIVE (5) LETTERED LOTS FOR AN ATTACHED CONDOMINIUM RESIDENTIAL PROJECT LOCATED ON LOT 28 OF TRACT 12870 Motion carried 5-0. 600-70 2. TENTATIVE TRACT MAP NO. 13733 Dan Fox, Senior Planner, reported the applicant was proposing to subdivide a 16 acre project for development of 234 condominium units. He stated that through a Letter of Understanding, The Irvine Company had agreed to provide a two - acre private park which was a concession to the City for relocation of the community park site, and would fulfill the park requirement through an in -lieu payment equal to $2,000.00 per residential unit to be placed in the East Tustin Park Development Fund. Council/staff discussion followed regarding future school sites; and explanation of the in -lieu fees to the Park Development Fund. Mayor Pontious opened the Public Hearing at 7:10 p.m. The following member of the audience spoke in favor of approving Tentative Tract Map No. 13733: Bill Moorhous, California Pacific Homes There were no other speakers on the subject and the Public Hearing was closed at 7:11 p.m. It was moved by Thomas, seconded by Puckett, to approve the Environmental Determination for the project by adopting the following Resolution No. 92-73: RESOLUTION NO. 92-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP NO. 13733 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Puckett, seconded by - Potts, to approve Tentative Tract Map No. 13733 by adopting the following Resolution No. 92-74: RESOLUTION NO. 92-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING OF VESTING TENTATIVE TRACT MAP NO. 13733 TO CREATE THIRTEEN (13) NUMBERED LOTS AND FOUR (4) LETTERED LOTS FOR AN ATTACHED CONDOMINIUM RESIDENTIAL PROJECT LOCATED ON LOT 13 OF TRACT 12870 Motion carried 5-0. 3. PUSHCART ORDINANCE 600-70 Christine Shingleton, Assistant City Manager, reported Council adopted an interim pushcart ordinance on May 18, 1992. She stated that State law limited urgency measures to not more than 45 days; however, staff believed the 45 day period was insufficient to monitor the success of the interim measures, or to prepare, adopt, and enact a permanent ordinance without occurrence of an unregulated "window" period. State law permitted an extension of interim measures for an additional period of 10 months and 15 days and, if adopted, Urgency Ordinance No. 1092 would continue the existing urgency CITY COUNCIL MINUTES Page 3, 6-15-92 V. ordinance regulations beyond the current July 2, 1992 expiration date. Council/staff discussion followed regarding pushcart operating hours. Mayor Pontious opened the Public Hearing at 7:13 p.m. There, were no speakers on the subject and the Public Hearing was closed. It was moved by Thomas, seconded by Saltarelli, that Urgency Ordinance No. 1092 have first reading by title only and introduction. Motion carried 5-0. Following first reading by title only of the following Ordinance No. 1092 by the City Clerk, it was moved by Thomas, seconded by Puckett, that Urgency Ordinance No. 1092 be passed and adopted. ORDINANCE NO. 1092 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 1088 AND ADOPTING INTERIM REGULATIONS FOR THE OPERATION OF PUSHCARTS IN THE CITY OF TUSTIN Motion carried 5-0. PUBLIC INPUT 1. INCREASED GANG ACTIVITY - SOUTHEAST TUSTIN Goldie Nannes, Tustin Imperial Homeowners President, reported increased gang activity, illegal parking in the southeast area. 390-35 Association graffiti, and Mayor Pontious stated staff would investigate the issues, and explained that citizens could contact the City to have graffiti removed at no cost. Mayor Pro Tem Potts suggested utilizing the Retired Senior Volunteer Program (RSVP) to help enforce the illegal parking problem and requested a report addressing why the volunteer group was not being used by the City. He also suggested interested persons attend a meeting between the Tustin Area Apartment Managers Association and staff on June 16, 1992, for discussion of the various summer youth activities and programs available to the public. VI. CONSENT CALENDAR Item Nos. 4 and 7 were removed from the Consent Calendar by Mayor Pro Tem Potts and Councilmember Thomas. It was moved by Puckett, seconded by Potts, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - JUNE 1, 1992 REGULAR MEETING Recommendation: Approve the City Council Minutes of June 1, 1992. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $694,434.36 and ratify Payroll in the amount of $316,754.30. 380-10 360-82 3. REJECTION OF CLAIM NO. 92-22 - CLAIMANT, YVONNE deGUZMAN (HALES), DATE OF LOSS, 1/25/92; DATE FILED WITH CITY, 5/7/92 Recommendation: Reject subject claim for general and specific damages of an undetermined amount as recommended by the City Attorney. 180-10 5. REDUCTION OF IMPROVEMENT BONDS FOR TRACT NO. 13835 Recommendation: Authorize the release of Faithful Performance Bond No. 3SM 758 227 00 in the amount of $214,100.00 and Labor and Material Bond No. 3SM 78 227 00 in the amount of $107,050.00 subject to the posting of replacement bonds in the following amounts: Faithful Performance, $53,525.00 and Labor CITY COUNCIL MINUTES Page 4, 6-15-92 and Material, $26,762.50 as recommended by the Public Works Department/Engineering Division. 600-70 6. AWARD OF CONTRACT FOR EAST TUSTIN MEDIAN ISLAND LANDSCAPE AND IRRIGATION LOCATION I, JAMBOREE ROAD BETWEEN BRYAN AVENUE AND EL CAMINO REAL; LOCATION II, LA COLINA DRIVE BETWEEN WESTERLY CITY BOUNDARY AND TUSTIN RANCH ROAD Recommendation: Award subject contract to Javaid Contractors, Rowland Heights, in the amount of $36,058.50 as recommended byy the Public Works Department/Engineering Division. 400:)+5 CONSENT CALENDAR NO. 4 —RESOLUTION NO. 92-82.-,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE WATER MAIN RELOCATION ON MAIN STREET AT I-5 FREEWAY BETWEEN STONEGLASS AND WILLIAMS STREET Mayor Pro Tem Potts questioned whether the additional $22,000.00 was a legitimate cost to the City, due to negotiations with Caltrans regarding St. Jeanne de Lestonnac School. Robert Ledendecker, Director of Public Works, responded that the $22,000.00 was for additional water line installation to accommodate St. Jeanne's secondary driveway. He stated that Caltrans was reimbursing the City 100 percent for all water line relocation except where the City upgraded pipe size. Council/staff discussion followed regarding St. Jeanne de Lestonnac School Main Street access. It was moved by Potts, seconded by Thomas, to adopt Resolution No. 92-82 accepting said work and authorizing the recordation of the Notice of Completion. Motion carried 5-0. CONSENT CALENDAR NO. 7 - ASSET FORFEITURE FUND 400-45 Councilmember Thomas explained that Asset Forfeiture funds were acquired by confiscation ofmoneyand property through narcotics investigations and that the resulting money was used to purchase equipment for the Police Department. Council/staff discussion followed regarding utilization of Asset Forfeiture funds. It was moved by Thomas, seconded by Potts, to authorize the Police Department to expend $135,000.00 from the Asset Forfeiture Fund for the purchase of specified equipment. Motion carried 5-0. VII. ORDINANCE FOR INTRODUCTION 270-38 1. PROPOSED ADOPTION OF UPDATED EDITIONS OF BUILDING CODES WITH LOCAL MODIFICATIONS Christine Shingleton, Assistant City Manager, reported model construction codes were rewritten on a three year interval with all changes adopted by the International Council of Building Officials. She noted the codes affected included: Uniform Administrative Code; Uniform Building Code and Building Code Standards; Uniform Building Security Code; Uniform Mechanical Code; Uniform Plumbing Code; Uniform Solar Energy Code; Uniform Swimming Pool and Hot Tub Codes; Uniform Sign Codes; Uniform Housing Code; and the Uniform Code for the Abatement of Dangerous Buildings. Council/staff discussion followed regarding implementation dates of current and amended codes; and Health Care Agency Policy Statement for Safety Standards for Residential Swimming Pools/Spas. CITY COUNCIL MINUTES Page 5, 6-15-92 The following member of the audience spoke on the safety standards for residential swimming pools/spas: Scott Fazekas, BSI representative Council/staff/speaker discussion followed regarding pool standards; and availability of CPR classes. It was moved by Puckett, seconded by Thomas, to adopt the following Resolution No. 92-76 setting forth findings in conformance with State law for local modification to Uniform Codes: RESOLUTION NO. 92-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE UNIFORM BUILDING CODE, THE UNIFORM PLUMBING CODE, AND THE NATIONAL ELECTRICAL CODE REASONABLY NECESSARY FOR HOUSING OCCUPANCIES Motion carried 5-0. It was moved by Puckett, seconded by Saltarelli, that Ordinance No. 1091 have first reading by title only and introduction. Motion carried 5-0. The City Clerk read the following Ordinance No. 1091 by title only: ORDINANCE NO. 1091 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 8 OF THE TUSTIN CITY CODE ADOPTING 1991 CODES AS THE BUILDING REGULATIONS OF THE CITY OF TUSTIN It was moved by Puckett, seconded by Thomas, to instruct the City Clerk to advertise Ordinance No. 1091 for a Public Hearing on July 6, 1992. Motion carried 5-0. 460-50 VIII. ORDINANCE FOR ADOPTION 1. ORDINANCE NO. 1090 - ROOSTERS Christine Shingleton, Assistant City Manager, reported that Council had questioned whether the ordinance restricted roosters to enclosed coops at all times. Staff contacted resident Jeff Thompson who stated the ordinance was acceptable. The following member of the audience spoke in favor of maintaining roosters in enclosed coops during night time hours only: Jeff Thompson, Tustin Council/staff/speaker discussion followed regarding modifying the hours of restriction in enclosed coops. Councilmember Puckett suggested modifying the ordinance to include enclosed cooping from sunset to sunrise. It was moved by Potts, seconded by Thomas, to insert "from sunset to sunrise" in Section 4221(b), No. 3, following "..entering the coop roosting area,"; and hold first reading by title only and introduction of modified Ordinance No. 1090. Motion carried 5-0. Y11 The City Clerk read the following modified Ordinance No. 1090 by title only: CITY COUNCIL MINUTES Page 6, 6-15-92 ORDINANCE 140. 1090 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 4221 OF ARTICLE 4, CHAPTER 2, PART II OF THE TUSTIN CITY CODE ESTABLISHING MINIMUM STANDARDS FOR THE MAINTENANCE OF ROOSTERS IN THE CITY OF TUSTIN IX. OLD BUSINESS 1. CITY COUNCIL AGENDA DEADLINES William Huston, City Manager, reported at the June 1, 1992 meeting, Council directed staff to make necessary adjustments required in order to have the agenda available on Wednesdays preceding Council meetings, and to provide a draft agenda to the newspapers. Effective June 15, 1992, the agenda material would be completed and distributed on Wednesdays, and local newspapers would receive the identical draft agendas no later than Wednesday morning preceding the meeting. It was moved by Thomas, seconded by Potts, to receive and file subject report. Motion carried 5-0. 2. AUDIT COMMITTEE 420-05 William Huston, City Manager, reported at the June 1, 1992 meeting, Council requested additional information regarding Audit Committee terms and duties. He stated Resolution No. 88- 52 delineated the duties of the Audit Committee and there were no Council limitations on modifying terms. In the past, the annual joint meeting of the Council and Audit Committee had afforded the opportunity to discuss the Audit Committee's work and provide any further policy direction from the Council. Councilmember Saltarelli directed staff to contact Committee Member Greinke to ascertain whether he would continue his term until 1993 or resign earlier. Mayor Pro Tem Potts stated he was satisfied with the current four-year terms. Council/staff discussion followed regarding Audit Committee term limitations and qualifications. Council concurred to receive and file subject report. 120-10 3. CITY COUNCIL EXPENSES William Huston, City Manager, reported staff had prepared a draft ordinance regarding Council expenses. The proposed ordinance provided that no councilmember could incur an expense on behalf of the City unless it was permitted by State law or City code; was included in the approved budget; or specifically authorized by Council if the expense was a non -budgeted item. It was moved by Puckett, seconded by Saltarelli, to direct staff to place an ordinance for introduction on the July 6, 1992 agenda. Motion carried 5-0. X. NEW BUSINESS 420-05 1. LEVY OF ANNUAL ASSESSMENTS FOR THE 1992-93 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Robert Ledendecker, Director of Public Works, reported this was the levy of annual assessments for the Tustin Landscape and Lighting District. The landscape maintenance segment of the District covered areas in East Tustin between the curbline and the perimeter walls along the arterial street system. The street lighting segment of the District included both the East Tustin area and various other locations throughout the City which were not previously included in the original Tustin CITY COUNCIL MINUTES Page 7, 6-15-92 2. Lighting District. He noted the proposed levy of assessments had decreased for street lighting in 1992/93 and had increased for landscaping maintenance in comparison to last year. Council/staff discussion followed regarding landscape and street lighting maintenance; future landscape maintenance competitive bidding; and encouraging residents to report burned out street lights. It was moved by Puckett, seconded by Thomas, to adopt the following Resolution No. 92-77, ordering preparation of an Engineer's Report; Resolution No. 92-78, approving the Engineer's Report; and Resolution No. 92-79, declaring intention to levy annual assessments, annex additional territory, and to set the protest hearing for July 20, 1992: RESOLUTION NO. 92-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE 1992-93 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT RESOLUTION NO. 92-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE 1992-93 FISCAL YEAR FOR THE LEVY OF ANNUAL ASSESSMENT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND FOR THE ANNEXATION OF ADDITIONAL TERRITORY TO SAID EXISTING DISTRICT RESOLUTION NO. 92-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF Motion carried 5-0. AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL YEAR 1992-93 340-60 It was moved by Puckett, seconded by Saltarelli, to authorize the City Manager to continue fiscal operations for 1992-93 at an appropriation level not to exceed that of 1991-92 until such time as the budget process can be completed. Motion carried 5-0. 3. NON-PROFIT ORGANIZATION FUNDING RECOMMENDATION 330-05 Royleen White, Director of Community and Administrative Services, reported the recommendations of the Non -Profit Task Force including the proposed financial assistance to Tustin area non-profit groups; the Feedback Foundation request; funding for five youth athletic organizations; monies awarded to The Sheepfold to be used for direct services; and consideration of fee waiver and providing in-kind services for Orange County Black Historical Commission. Mayor Pro Tem Potts suggested the Orange County Black Historical Commission join the City's yearly Tiller Days Parade. Council/staff discussion followed regarding the Villa Center; certification letters; $5,000.00 allocation to the East Tustin Little League; and appropriation of additional monies from the General Fund to non-profit groups. The following member of the audience requested financial assistance: Kristi Proctor, Tustin East Little League President CITY COUNCIL MINUTES Page 8, 6-15-92 Mayor Pro Tem Potts expressed support for a $5,000.00 allocation to East Tustin Little League. He noted there were no parks available in East Tustin suitable for baseball, the Tustin East Little League parents had contributed considerable money and hours, and the parents would maintain the fields. Councilmember Saltarelli stated that allocating funds to the Tustin East Little League was not at the exclusion of the other divisions of little leagues, but would help involve more _ children in available youth programs at Columbus -Tustin school. He said encouraging youth to participate in organized athletic events was an important issue and he was supportive of allocating the funds to the Tustin East Little League. Mayor Pontious said that with the State budget problems, the City's budget could be cut by over $2 million and available funding would be extremely limited. She stated concern regarding making additional obligations until the State budget was final. William Huston, City Manager, stated the Council could allocate additional funds from the General Fund or the Park Development Fund. Councilmember Thomas stated his concern whether allocating $5,000.00 to the Tustin East Little League was favoritism, and suggested reconvening the Non -Profit Task Force to distribute the additional funds. Councilmember Puckett stated he opposed setting a precedent by allocating $5,000.00 from the General Fund but would be in favor of a one-time only appropriation of $5,000.00 from the Park Development Fund. It was moved by Potts, seconded by Saltarelli, to appropriate $5,000.00 from the Park Development Fund for the Tustin East Little League. Motion carried 5-0. The following member of the audience requested financial assistance: David Nisson, Tustin Area Historical Society President Councilmember Thomas stated that formation of a City non-profit committee could benefit many organizations in need of financial support. William Huston, City Manager, suggested that Mr. Nisson contact staff regarding the City's Redevelopment Agency rehabilitation loan and grant program. Mayor Pontious stated staff was investigating utilizing City facilities for fund raising events to provide in-kind services to organizations where funding was unavailable and that the Non - Profit Organization Funding may not be available next year because of the State's financial crisis. She encouraged everyone to contact their State legislators to discourage the State from taking money from cities to balance their budget. It was moved by Puckett, seconded by Thomas,- to approve the following funding levels for 1992 financial assistance to Tustin area non-profit groups and recommendations b, d, and e: Assistance League of Tustin $ 2,500 Boys and Girls Club $ 6,850 Central Orange County YWCA $ 1,000 C.O.P.E.S. $ 2,000 Foothill High School $ 1,000 Laurel House $ 5,000 orange County Council on Aging $ 2,000 The Sheepfold $ 3,000 The Villa Center $ 2,500 CITY COUNCIL MINUTES Page 9, 6-15-92 Tustin Area Historical Society $ 750 Tustin Public Schools Foundation $ 1,000 Bartlett/Meals on Wheels 2,500 TOTAL $30,100 b. Consider the Feedback Foundation request through the 1992/93 budget process. This service to senior citizens is extremely important and should be processed with a contract and specific performance criteria for the Feedback Foundation to ensure that older adults receive the services for which the City contracts. c. (See Council discussion/motion on page 8.) d. Ratify the recommendation that all monies awarded to The Sheepfold be used for direct services to clients and not debt reduction as indicated in the application. e. Regarding the request from the Orange County Black Historical Commission, when an application for the Black History Parade permit comes before the Council, that the Council consider waiving the fees and providing in-kind services. Motion carried 5-0. 330-20 125-40 4. REQUEST TO WAIVE REQUIREMENT TO CONSTRUCT SIDEWALK AT 2832 DOW AVENUE (VITA -TECH INTERNATIONAL, INC.) Councilmember Saltarelli stated he would abstain on this issue. It was moved by Potts, seconded by Thomas, to approve the request from Vita -Tech International, Inc., to waive the requirement to construct sidewalks at 2832 Dow Avenue in conjunction with their tenant improvements. Motion carried 4-0, Saltarelli abstained. 730-25 XI. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JUNE 8, 1992 It was moved by Thomas, seconded by Potts, to ratify the Planning Commission Action Agenda of June 8, 1992. Motion carried 5-0. 120-50 2. STATUS REPORT - 14ARICOPA COMMUNITY ASSOCIATION TRAFFIC ISSUES ON PARXCENTER LANE AT MARICOPA It was moved by Puckett, seconded by Thomas, to receive and file subject report. Motion carried 5-0. 760-70 3. STATUS REPORT - ALMERIA HOMEOWNERS ASSOCIATION TRAFFIC ISSUES It was moved by Puckett, seconded by Thomas, to direct staff to continue to investigate residents' traffic concerns in the area of the Almeria Development, continue to coordinate with the Tustin Police Department to possibly increase enforcement in the area, and coordinate the review of street signing with the Almeria Homeowners Association Motion carried 5-0. 760-70 XII. PUBLIC INPUT - None CITY COUNCIL MINUTES Page 10, 6-15-92 XIII. OTHER BUSINESS 1. BUDGET WORKSHOP William Huston, City Manager, recommended the Council conduct a budget workshop. Council concurred to hold the budget workshop on Monday, June 29, 1992, 6:00 p.m., at the Tustin Area senior Center. 2. CLOSED SESSION - BERNADICKT V. CITY OF TUSTIN AND ECKERLING V. CITY OF TUSTIN James Rourke, City Attorney, requested Council recess to a closed session regarding Bernadickt v. City of Tustin, and Eckerling v. City of Tustin. It was moved by Potts, seconded by Thomas, to conduct a closed session regarding Bernadickt v. City of Tustin, Case No. 56 69 35; and Eckerling v. City of Tustin, Case Number 65 95 79 Orange County Superior Court. 'Motion carried 5-0. 3. AGENDA PACKETS Councilmembers Saltarelli and Thomas thanked staff for completing the agenda material on Wednesday. 4. DRAFT BUDGET Councilmember Saltarelli commended staff on the draft budget. 5. TUSTIN MARKET PLACE Mayor Pro Tem Potts noted a newspaper article on the Tustin Market Place colors, design, and signs. 6. LONG TERM DISABILITY FUND/ALTA INSURANCE Mayor Pro Tem Potts requested a report on the Long Term Disability Fund and Alta Insurance. 7. CREATION OF CITY NON-PROFIT ORGANIZATION Councilmember Thomas requested agendizing the possible creation of a City non-profit organization at the July 20, 1992 Council meeting. S. CITY-WIDE BEAUTIFICATION COMMITTEE Councilmember Thomas commended Erin Nielson on her work in creating a City-wide beautification committee and stated he would present an information report at the July 6, 1992 Council meeting. 9. "TOWN HALL" MEETINGS Councilmember Thomas requested the status on "Town Hall" meetings. William Huston, City Manager, responded that staff would poll the Council for meeting size and date preference. 10. STATE BUDGET CRISIS Councilmember Thomas encouraged citizens to contact State legislators regarding the budget crisis and the detrimental effect on local government. Mayor Pontious stated City Hall would answer any questions regarding the State budget status and specific issues that should be addressed to State legislators. CITY COUNCIL MINUTES Page 11, 6-15-92 11. COMMUNITY IMPROVEMENT PARTNERSHIP PROGRAM Councilmember Puckett requested an update report on the progress of the Community Improvement Partnership Program, and inclusion of Southeast area issues at the July 6, 1992 Council meeting. SIV. CLOSED SESSION .. Mayor Pontious announced the City Council would recess to Closed Session pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which had been initiated formally and to which the City was a party. The title of the litigation was Sharon Bernadickt v. City of Tustin, et al., Case No. 56 69 35, and Gordon B. Eckerling, et al., v. City of Tustin, et al., Case No. 65 95 79 Orange County Superior Court. SV. ADJOURNMENT Mayor Pontious adjourned the meeting at 9:05 p.m. The City Council had scheduled a budget workshop on Monday, June 29, 1992, at 6:00 p.m., at the Tustin Area Senior Center, and the next regular meeting of the City Council was scheduled for Monday, July 6, 1992, at 7:00 p.m., at the Tustin Area Senior Center. MARY E. YNN' CI Y CLERK