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HomeMy WebLinkAboutCC MINUTES 1995 10 16MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA OCTOBER 16, 1995 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Potts at 7:04 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Mayor Potts. I ROLL CALL Council Present: Council Absent: City Clerk: Others Present: -,-.PROCLAMATION TREE CITY USA Jim Potts, Mayor Tracy A. Worley, Mayor Pro Tem Mike Doyle Thomas R. Saltarelli Jeffery M. Thomas None Pamela Stoker William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Mike Henley, Director of Community Services Dana Kasdan, Engineering Services Manager Valerie Crabill, Chief Deputy City Clerk Rita Westfield, Asst. Dir./Com. Development Gary Veeh, Water Services Manager Dan Fox, Senior Planner Joe Meyers, Administrative Assistant Approximately 25 in the audience Mayor Potts read a proclamation declaring November 20, 1995, as Arbor Day in Tustin. He explained that Ethan Coleman and his mother had assisted the City in obtaining a Tree City USA designation from the National Arbor Foundation. He stated a tree planting ceremony at City Hall was scheduled for November 20, 1995 and additional information on the event would be available in the near future. PUBLIC INPUT Kurt Larson, 12825 Ternberry Court, Tustin, presented a petition to Council requesting a fenced dog park in Tustin, called "Bon Bon Memorial Bark Park," where dogs could legally be released from their leashes. Council discussion followed regarding referring the matter to the Parks and Recreation Commission; Laguna Beach's dog park; and opposition to naming a park after a dog. PUBLIC HEARINGS (ITEMS 1 THROUGH 2) VESTING TENTATIVE TRACT MAP 14410 (LEWIS HOMES) Dan Fox, Senior Planner, reported the applicant was proposing to subdivide a 38 -acre residential site, located at Pioneer Road and Peters Canyon Road, to accommodate 171 single family detached homes. He stated that in 1991 the site had been approved for development of 146 units; the proposed development plan was reflective of current market conditions; the proposed density level was 4.5 dwelling units per acre; the project met all East Tustin Specific Plan development standards; conditions of approval included compliance with the City's grading ordinance and a slope repair agreement; and the Planning Commission had recommended approval of the project. CITY COUNCIL MINUTES Page 2, 10-16-95 Council/staff discussion followed regarding the passive greenbelt area; the project was a gated community; and the homeowners association would be responsible for improvements inside the gated project area. Mayor Potts opened the public hearing at 7:14 p.m. The following member of the audience spoke in favor of Vesting Tentative Tract Map 14410: Patrick Loy, Lewis Homes Council/speaker discussion followed regarding the increase in dwelling unit square footage. The following members of the audience spoke in opposition to Vesting Tentative Tract Map 14410 including density and lack of pedestrian access to greenbelt area: Tom and Virginia Leff, 2847 Cox, Tustin Christine Shingleton, Assistant City Manager, clarified that the homeowners association controlled policy issues on pedestrian and vehicular gates; noted the proposed density was within the parameters established in the East Tustin Specific Plan; said the proposed park site would be maintained by the homeowners association; and reported that additional parks were planned for the area. Council/staff/speakers T. and V. Leff discussion followed that the project would increase adjacent property values; traffic concerns; the hiking trail; project density; and Mello Roos tax assessments. There were no other speakers on the subject and the public hearing was closed at 7:24 p.m. Christine Shingleton, Assistant City Manager, noted a modification to Resolution No. 95-98 Section II.A. to include "The third sentence of Condition 8.1.F.2 shall be deleted and shall not be applied to this project." It was moved by Doyle seconded by Thomas, to approve the Environmental Determination for the project by adopting the following Resolution No. 95-97; and approve Vesting Tentative Tract Map 14410 by adopting the following Resolution No. 95-98 as modified: RESOLUTION NO. 95-97 - 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 14410 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 95-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 14410 TO CREATE 171 NUMBERED LOTS FOR THE DEVELOPMENT OF SINGLE- FAMILY HOMES Motion carried 5-0. 600-70 2. CODE AMENDMENT 95-003, ALCOHOLIC BEVERAGE SALES It was moved by Thomas, seconded by Worley, to continue Public IL" Hearing on Code Amendment 95-003 to the November 6, 1995 City Council meeting. 610-20 Motion carried 5-0. CITY COUNCIL MINUTES Page 3, 10-16-95 CONSENT CALENDAR (ITEMS 3 THROUGH 15) Items No. 8, 10, and 14 were removed from the Consent Calendar by Councilmember Doyle, Mayor Potts, and Councilmember Saltarelli. It was moved by Worlev seconded by Saltarelli, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 3. APPROVAL OF MINUTES - OCTOBER 2, 1995 REGULAR MEETING ..., Recommendation: Approve City Council Minutes of October 2, 1995. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $341,737.82 and ratify Payroll in the amount of $329,704.90. 380-10 S. STATUS OF AGREEMENT WITH ELLER MEDIA COMPANY (FORMERLY PATRICR60-82 TARGET MEDIA) FOR BUS SHELTERS AND BENCHES Recommendation: Schedule action on the proposed Bus Shelter Agreement with Eller Media Company for the November 6, 1995 City Council meeting as recommended by the Public Works Department. 6• RESOLUTION NO. 95-102 - A RESOLUTION OF THE CITY COUNCIL OFTH00-10 CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF ORANGE, THE CITY OF TUSTIN AND ALL OTHER CITIES IN ORANGE COUNTY TO FORM AN OPERATIONAL AREA FOR EMERGENCY MANAGEMENT IN COMPLIANCE WITH GOVERNMENT CODE SECTION 8607 Recommendation: Adopt Resolution No. 95-102 approving an agreement between the County of Orange, the City of Tustin, and all other cities and political subdivisions in Orange County to form an Operational Area for the purposes of Emergency Management and authorizing the Mayor and City Clerk to execute said Agreement contingent upon the approval of the City Attorney; and withdraw -- from the Unified Orange County-Cities Disaster Agreement as '^ recommended by the Public Works Department. 400-70 7 • RESOLUTION NO. 95-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR FISCAL YEAR 1996-97 TRANSIT CAPITAL IMPROVEMENT FUNDS Recommendation: Adopt Resolution No. 95-96 authorizing the City Engineer to submit an application to Caltrans for FY 1996-97 Transit Capital Improvement Program Funds as recommended by the Public Works Department/Engineering Division. 660-05 9. RESOLUTION NO. 95-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN REPLACEMENT ON FAIRHAVEN AVENUE AT SR-55 FREEWAY (CITY PROJECT NO. 600127) AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 95-99 approving plans and specifications and authorizing advertisement for bids for subject project as recommended by the Public Works Department/Water Division. 11. REJECTION OF CLAIM NO. 95-32; CLAIMANT - BRUCE A. TRAYWICR 400-45 Recommendation: Reject subject claim and direct the City Clerk to give proper notice of the rejection to the claimant and the claimant's attorney as recommended by the City Attorney. 180-10 row12. REJECTION OF CLAIM NO. 95-24; CLAIMANT - DEAN BOULDIN Recommendation: Reject subject claim and direct the City Clerk to give proper notice of the rejection to the claimant and the claimant's attorney as recommended by the City Attorney. 180-10 13. REJECTION OF CLAIM NO. 95-36; CLAIMANT - DAVID FARBER Recommendation: Reject subject claim and direct the City Clerk to give proper notice of the rejection to the claimant and the claimant's attorney as recommended by the City Attorney. Councilmember Saltarelli remarked that the attorney in this case had referred to a County location, and he stated attorneys should be circumspect of the incident's location. 180-10 15. PLANNING COMMISSION ACTION AGENDA - OCTOBER 9, 1995 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. CITY COUNCIL MINUTES Page 4, 10-16-95 Recommendation: Ratify Planning Commission Action Agenda of October 9, 1995. 120-50 CONSENT CALENDAR ITEM NO. 8 - RESOLUTION NO. 95-101 - A RESOLUTION OF THE CITY COUNCIL OF R E THE TY OF ASPHALTS CONCRETE REHABILITATION IONING PLANS AND AND OVERLAY SPECIFICATIONS FOR PROJECT, FY 1995-96, CIP NO. 700001 Councilmember Doyle questioned what criteria was used to select streets for asphalt concrete rehabilitation and overlay. Tim Serlet, Director of Public Works, responded that staff decision was based upon the City's Pavement Management System, cost effectiveness, and rehabilitation required. It was moved by Doyle seconded by Worley, to adopt Resolution No. 95-101 approving the plans and specifications and authorizing advertisement for bids for subject project. 400-45 Motion carried 5-0. CONSENT CALENDAR ITEM NO. 10 - REJECTION OF CLAIM NO. 95-28; CLAIMANT GEORGE BROWN Mayor Potts stated he supported denying the claim; however, he believed, as a check and balance mechanism, the California Highway Patrol (CHP) should conduct independent investigations on injury traffic accidents involving the police department. Council discussion followed regarding other agencies utilizing the CHP when injury traffic accidents involved City employees. Councilmember Saltarelli supported CHP involvement; noted a recent traffic accident involving an Orange County Fire Authority employee; and stated the importance of independent traffic injury investigations. It was moved by Potts seconded by Worley, to reject subject claim and direct the City Clerk to give proper notice of the rejection to the claimant and the claimant's attorney. 180-10 Motion carried 5-0. CONSENT CALENDAR ITEM N0. 14 - APPROVAL OF LEASE AGREEMENT FOR FOOD AND BEVERAGE CONCESSION AT TUSTIN SPORTS PARR Councilmember Saltarelli said he was in favor of the proposed lease agreement for food and beverage concession at the Sports Park; however, he was concerned about the exclusivity provision. He stated that the language did not cover non -City to cook itemsfnottions and events such as offered on the proposedlittle league menu groups who wished Christine Shingleton, Assistant City Manager, clarified that the menu included in the staff report was used as an example of items offered at the concessioner's Orange facility, Cyrano's Coffee House; the Sports Park menu would be developed to include food and beverage items geared toward youth appetites; stated lengthy negotiations had taken place with the concession operator regarding the exclusivity provision; noted the concession operator's concern regarding allowing competing catering at the park; commented on the concessioner's concern regarding offsetting increased maintenance. costs; said �Sata d st ted pre -approved included non-profit agreement for city sponsored even groups were allowed to operate at the park for 14 days a year. Council/staff discussion followed regarding contacting the concessioner to provide services for City events; public events sponsored by the City and various activities not subject to the exclusivity provision; staff did not have menu approval; and to the agreement oncessionersfor stated incorporat on into the blic menu demands would be forwarded menu. It was moved by Doyle seconded by Saltarelli, to approve the Lease Agreement with Michele Insko for operation of a tenant lease space at the Tustin Sports Park for purpose of operating a food beverage concession. CITY COUNCIL MINUTES Page 5, 10-16-95 Motion carried 5-0. 400-10 REGULAR BUSINESS (ITEMS 16 THROUGH 20) 16. ORDINANCE NO. 1156, PROPERTY MAINTENANCE EQUIPMENT It was moved by Thomasff seconded by Saltarelli, to have second -* reading by title only and adoption of the following Ordinance No. 1156: ORDINANCE NO. 1156 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 4 OF THE TUSTIN CITY CODE, HEALTH AND SANITATION The City Clerk read Ordinance No. 1156 by title only. Motion carried 5-0 (roll call vote). 230-65 17. LEGAL SERVICES AGREEMENT It was moved by Potts seconded by Doyle, to continue this item to the November 6, 1995 City Council meeting. Motion carried 5-0. 455-05 18. GENERAL PLAN AMENDMENT 94-001, ZONE CHANGE 94-004, SECOND AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT (IRVINE COMPANY) Councilmember Saltarelli announced he would abstain from voting on this matter and he left the dias. Christine Shingleton, Assistant City Manager, stated that the applicant, The Irvine Company, had submitted a modified project proposal, Alternate 4; however, the Planning Commission rejected Alternate 4 and recommended Alternative 3 which included dedication and improvements to the 3.6 acre park by The Irvine Company. She said that Council direction was required in order to complete the environmental documentation and public noticing for the project. Councilmember Doyle requested expediting preparation of the environmental documents. It was moved by Doyle seconded by Thomas, to authorize preparation of environmental documents and Alternates 3 and 4. public noticing for Mayor Pro Tem Worley clarified that Council action was not approving Alternate 3 or 4, but was authorizing only the preparation of environmental studies. Motion carried 4-0, Saltarelli abstained. 19. FACILITY USE POLICIES 6lS -ao Mike Henley, Director of Community Services, reported that the Facility Use Policies were last reviewed in 1991 and since that time the Columbus Tustin Gymnasium and Tustin Sports Park had been constructed and added to the park system. Staff recommended review and modification of the Facility Use Policies by the Parks and Recreation Commission to include a methodology for allocation of the facilities between competing groups; school use of facilities; and facility use by continuous activities such as sports leagues. He stated the Facility Use Policies should be completed by Spring 1996, and staff would meet with local non- profit organizations for facility use allocation until the updated Facility Use Policies were approved. Councilmember Saltarelli said that he had received numerous telephone calls regarding use of the facilities; stated the City's goal to maximize the public's use of the facilities; requested Parks and Recreation Commission review of the fee structure; the CITY COUNCIL MINUTES Page 6, 10-16-95 importance of facility use flexibility; and noted his pleasure with the opening of the Columbus Tustin Gym and the Sports Park. Mayor Pro Tem Worley reiterated the importance of the Facility Use Policies allowing maximum usage; and commented on the inadequate number of sports practice fields in the area. Mike Henley, Director of Community Services, explained that staff was recommending formation of a Parks and Recreation Commission sub -committee to meet with sports groups in order to ensure equity in facility usage. Mayor Potts noted a softball field at the Sports Park had been modified for pony league play in order to target at -risk youth involvement. Councilmember Doyle stated the proposed Spring 1996 policy completion date was unacceptable and policy changes should be submitted for Council review in 60 days. Councilmember Saltarelli stated the importance of accommodating t soccer season was ay in -season league sports and had been working withdthe a league to place themnonrt and staff he Sports Park fields. Council/staff discussion followed regarding allowing the Sports Park fields to cultivate; transition of soccer play at the Sports Park in the Spring/Summer; softball would begin at the Sports Park in March or April; and park maintenance. It was moved by Doyle, seconded by Thomas, to receive and file subject report. 910-05 Motion carried 5-0. 20. TERM EXPIRATIONS FOR TUSTIN COMMUNITY FOUNDATION It was moved by Doyle seconded by Thomas, to reappoint Margarete Thompson to a one-year term and Cheryl Bell to a two-year term; and direct the City Clerk to advertise for applicants to fill the remaining Board vacancies. 125-45 Motion carried 5-0. Councilmember Thomas noted Terry Riggins and James Farley's resignation from the Tustin Community Foundation; thanked Terry Riggins for serving on the Foundation and requested a proclamation for her service to the community. PUBLIC INPUT -None OTHER BUSINESS TUSTIN TILLER DAYS Councilmember Doyle commended staff and committee members for an excellent Tiller Days event and activities. ORANGE COUNTY SUPERVISOR DON SALTARELLI Councilmember Doyle congratulated Don Saltarelli on his appointment to the Board of Supervisors and encouraged him to implement needed changes in County government. Mayor Pro Tem Worley congratulated Don Saltarelli, reported his acceptance speech was excellent, and noted that many former Tustin officials were in attendance at his swearing-in ceremony. Councilmember Saltarelli congratulated his brother, ntDon, won his not Supervisor appointment and stated that the app given to Tom Saltarelli; commented on numerous and erroneous congratulatory calls he had received; said his brother's acceptance speech was uplifting and he would be a positive influence for the County. CITY COUNCIL MINUTES Page 7, 10-16-95 Councilmember Thomas congratulated Don Saltarelli on his appointment and stated his acceptance speech displayed a wonderful sense of humor. COUNCIL MEETING INVOCATIONS Councilmember Thomas requested Council take an official position regarding invocations at City Council meetings and stated the 714 importance of maintaining the invocations as an honored tradition. Council concurred that staff increase efforts to obtain clergy and, in the absence of clergy, Councilmembers would give invocations with prior notice. COUNCIL/COMMISSION ABSTENTION POLICY Councilmember Thomas requested a City Attorney memorandum defining the meaning of and procedures related to abstention by Council and Commission members and noted a recent example of a member abstaining and then speaking publicly on the same issue. SILICON SYSTEMS Mayor Potts read a press release announcing that Silicon Systems, a major Tustin employer, had reached an agreement with the City to remain in Tustin and was expected to become an anchor in the Tustin Marine Corps base development. COMMITTEE REPORTS - None CLOSED SESSION Mayor Potts announced the City Council would convene in closed session to confer with the City Attorney regarding pending litigation to which the City was a party: Michael J. Ryerson vs. City of Tustin, William A. Huston, and W. Douglas Franks, OCSC Case No. 739082; and to confer with Nick Nichols, the City's labor negotiator. The employee organizations involved in potential negotiations are Tustin Municipal Employees Association and Tustin Police Officers Association. Unrepresented employees are management and confidential units. ADJOURN ENT Mayor Potts adjourned the meeting at 8:15 p.m. The next regular meeting of the City Council was scheduled for Monday, November"6, 1995, at 7.00 P.M. in the Council Chambers at 300 Centennial Way. REPORT OF ACTION TAKEN IN CLOSED SESSION. It was moved and seconded to approve a settlement agreement with Michael Ryerson. The settlement agreement and the record of City Council action would be available through the City Clerk upon execution of the agreement by all parties. Motion carried 3-0, Potts, Saltarelli abstained. JIM POTTS, YOR �_cT FAME ER, CIT LERR STOKER,