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HomeMy WebLinkAboutCC MINUTES 1995 07 17MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JULY 17, 1995 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Potts at 7:05 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Saltarelli. The.Invocation was given by Mayor Potts. ROLL CALL Council Present: Jim Potts, Mayor Tracy A. Worley, Mayor Pro Tem Mike Doyle Thomas R. Saltarelli Council Absent: Jeffery M. Thomas City Clerk. Wynn: Absent Others Present: William A. Huston, City Manager Lois Jeffrey, Interim City Attorney W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Valerie Crabill, Chief Deputy City Clerk Rita Westfield, Asst. Dir.\Com. Development Dana Kasdan, Engineering Services Manager Rick Brown, Building Official Rick Zimmer, Redevelopment Program Manager Dan Fox, Senior Planner Approximately 40 in the audience PROCLAMATIONS MAN AND WOMAN OF THE YEAR Councilmember Saltarelli read and presented a proclamation to Sam Randall, honoring him as Man of the Year. Sam Randall thanked Council for the proclamation and the opportunity to work -with the City in building a community of which residents can be proud. Councilmember Saltarelli read and presented a proclamation to Laurie Gorham, honoring her as Woman of the Year. Laurie Gorham thanked Council for the proclamation and stated her pleasure in serving Tustin, and she looked forward to continuing volunteer service. FORMER MEMBERS OF COMMISSIONS AND COMMITTEES Councilmember Saltarelli read and presented a proclamation to former Planning Commissioner, Kathy Weil. Kathy Weil stated she was pleased with the numerous projects completed during her service on the Planning Commission and she thanked Council for the opportunity to serve the City. Councilmember Saltarelli read and presented a proclamation to j former Planning Commissioner, Al Baker. Al Baker thanked Council and commended staff. Mayor Pro Tem Worley read and presented a proclamation to former Parks and Recreation Commissioner, Margarete Thompson. Margarete Thompson thanked Council for the proclamation and stated she was proud of the accomplishments achieved by the Parks and Recreation Commission during her term of service. Mayor Pro Tem Worley read and presented proclamations to Ken Royal and Terri Neal, former Parks and Recreation Commissioners. Terri Neal and Ken Royal thanked Council for giving them the opportunity to serve on the Parks and Recreation Commission, and CITY COUNCIL MINUTES Page 2, 7-17-95 thanked staff and residents who provided input and assistance to the Commission. Councilmember Doyle read and presented a proclamation to Daniel O'Connell, former Audit Committee member. Daniel O'Connell thanked Council for giving him the opportunity to serve on the Audit Committee and for recognizing the importance of the Audit Committee. He thanked his former Committee members and staff for their support during his term. TUSTIN HIGH SCHOOL BOYS VARSITY VOLLEYBALL TEAM Mayor Potts read and presented proclamations to Tustin High School Boys Varsity Volleyball team players: William Bacellar, Vihn Dao, Brandon Dove, Alan Hoang, Curtis -Jackson, Jason Keogh, David Klingman, Aaron Kraus, Raffi Lalazarian, Greg Logan, Luke Loveless, Donnie Rafter, Craig Rodriguez, Aaron Sizer; and Coaches Ken Koci, Scott Bruce, and Travis Turner. A team player thanked the fans and coaches for their support, and Council for the proclamations. Mayor Potts stated his surprise that Tustin High School, a "non" beach city, had won the CIF Division II Boys Volleyball Championship; said that the team's accomplishment was another positive reason why Tustin was the place to live, work, and play; commented on the hard work, commitment, and dedication necessary to achieve a standard of excellence in sports; and noted the contributions of parents, coaches, teachers, and church leaders to the success of the team. He commended Assistant Coach Travis Turner, for being named the 1996 Tustin High School Boys Volleyball team head coach, and stated that Coach Travis was an individual who taught integrity, honor, dedication, hard work, fundamentals, sportsmanship, and team unity to each student athlete. ION ORANGE COUNTY VECTOR CONTROL UPDATE Fabie Combs, Orange County Vector Control Board Trustee for Tustin, reported on Orange County Vector Control activities including: a proposed Vector Control service fee increase due to the Orange County Bankruptcy; Vector Control's purpose; and Africanized Honey Bee update. Council/speaker discussion followed regarding cost distribution of Orange County Vector Control parcel fees; Vector Control proposed budget loss due to the County bankruptcy; and Council concurrence in support of the service fee increase. PUBLIC INPUT PARKS AND RECREATION COMMISSIONER RESIGNATION Jeannie Jackson, 915 W. Pomona, Santa Ana, remarked on the positive experience she encountered running for City Council in 1992 against Mayor Potts and Councilmembers Thomas and Saltarelli; -- thanked Council for the opportunity to serve on the Parks and Recreation Commission; and announced she would be relocating her residence to Santa Ana and resigning from the Commission. Mayor Potts requested that a service proclamation be presented to Ms. Jackson, and confirmation of her appointed replacement be agendized at the August 7, 1995 Council meeting. NEW DIRECTIONAL SIGNS - OLD TOWN Phil Cox, Tustin, displayed new directional signs he had designed for Old Town depicting an antique fire truck and requested their placement in Old Town in conjunction with the existing Victorian window banners. CITY COUNCIL MINUTES Page 3, 7-17-95 Council/staff/speaker discussion followed regarding placement of the signs; the new signs enhancement of Old Town; and concern that proposed sign placement could create visual traffic hazards. Council concurred to direct staff to work with Mr. Cox on placement of the new directional signs. FOURTH OF JULY FIREWORKS Helen Edgar, 13622 Loretta Drive, Tustin, expressed displeasure with the quality of the Fourth of July Fireworks show. Mayor Potts responded that a private contractor was responsible for the inadequate display; future shows would be improved; and apologized to the community for the disappointing fireworks show. PUBLIC HEARINGS ( ITENS 1 THROUGH 2 ) 1. PLACING ASSESSMENT FOR SOLID WASTE COLLECTION ON 1995-96 TAX ROLL Ronald Nault, Director of Finance, reported that this was the first of two public hearings to review proposed solid waste collection rates to be assessed on the 1995/96 tax roll on certain parcels of land in the City. He stated the City's trash contractor, Great Western Reclamation, had requested an increase in the 1995/96 solid waste collection fees of 10.26 percent, $1.14 per month per unit; the major component impacting the proposed solid waste collection cost increase was County landfill fees which had increased from $22.75 a ton to $35.00 a ton; staff had verified with the Bureau of Labor Statistics the seven cost categories allowing a fee increase; and public notices of the fee increase had been mailed to customers. Council/staff discussion followed regarding the cost benefit to property owners by placing solid waste collection charges on the tax roll. Mayor Potts opened the Public Hearing at 8:00 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Saltarelli, seconded by Worley, to continue this item to the August 7, 1995 Council meeting. Motion carried 4-0, Thomas absent. 830-50 2. LEVY OF ANNUAL ASSESSMENTS FOR THE 1995-96 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Tim Serlet, Director of Public Works, reported the Tustin Landscape and Lighting District provided funding for the maintenance of perimeter landscaping on arterial highways in the Tustin Ranch area; operation and maintenance of the street lighting in Tustin Ranch and other locations in the City which were not included in the original Tustin Lighting District; and the 1995/96 assessments remained at the same rate as 1994/95. Council/staff discussion followed regarding landscaping maintenance included irrigation costs. Mayor Potts opened the Public Hearing at 8:03 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Saltarelli, seconded by Doyle, to adopt the following Resolution No. 95-67 confirming the annual 1995-96 fiscal year levy of assessments for the Tustin Landscape and Lighting District: RESOLUTION NO. 95-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND CONFIRMING THE ANNUAL 1995- 96 FISCAL YEAR LEVY OF ASSESSMENTS 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 CITY COUNCIL MINUTES Page 4, 7-17-95 Motion carried 4-0, Thomas absent. 340-60 CONSENT CALENDAR ( ITEMS 3 THROUGH 8 ) It was moved by Worley, seconded by Saltarelli, to approve the Consent Calendar as recommended by staff. Motion carried 4-0, Thomas absent. 3. APPROVAL OF MINUTES - JULY 3, 1995 REGULAR MEETING Recommendation: Approve City Council Minutes of July 3, 1995. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,492,234.96 and ratify Payroll in the amount of $323,153.65. 380-10 360-82 5. AGREEMENT REGARDING RIDES AND CONCESSIONS AT TUSTIN TILLER DAYS Recommendation: Approve subject agreement with Hassett & Davis to operate a carnival at Tustin Tiller Days on October 6-8, 1995 as recommended by the Community Services Department. 400-10 6. CONFIRMATION OF PARKS AND RECREATION COMMISSION APPOINTMENT Recommendation: Confirm appointment of Robert Schultz to the Parks and Recreation Commission as recommended by the City Attorney. 120-40 7. RESOLUTION NO. 95-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR INSTALLATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING AT TUSTIN RANCH ROAD AND PIONEER WAY Recommendation: Adopt Resolution No. 95-66 accepting said work as complete and authorize the recordation of the Notice of Completion, and direct the City Clerk to (1) Release the Labor and Materials Payment Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion and (2) Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 8. PLANNING COMMISSION ACTION AGENDA - JULY 10, 1995 400-45 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify Planning Commission Action Agenda of July 10, 1995. 120-50 REGULAR BUSINESS ( ITEMS 9 THROUGH 14 ) 9. ORDINANCE NO. 1153 - SIGN CODE REVISIONS FOR NON-COMMERCIAL SIGNS AND REMOVAL OF POLITICAL SIGNS It was moved by Saltarelli, seconded by Worley, to have second reading by title only and adoption of the following Ordinance No. 1153: ORDINANCE NO. 1153- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING AND ADDING SIGN REGULATIONS FOR NON-COMMERCIAL SIGNS INCLUDING THE TIMELY REMOVAL OF POLITICAL SIGNS IN THE CITY OF TUSTIN Valerie Crabill, Chief Deputy City Clerk, read Ordinance No. 1153 by title only. Motion carried 4-0, Thomas absent (roll call vote). 680-30 10. ORDINANCE NO. 1154 - CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC AREAS It was moved by Worley, seconded by Doyle, to have second reading by title only and adoption of the following Ordinance No. 1154: ORDINANCE NO. 1154 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 6 ENTITLED CAMPING AND STORAGE OF PERSONAL PROPERTY TO ARTICLE 7 OF THE TUSTIN CITY CODE CITY COUNCIL MINUTES Page 5, 7-17-95 Valerie Crabill, Chief Deputy City Clerk, read Ordinance No. 1154 by title only. Motion carried 4-0, Thomas absent (roll call vote). 900-95 11. ORDINANCE NO. 1155 - TEMPORARY REGULATIONS FOR APARTMENT SIGNS It was moved by Doyle seconded by Worlev, to have second reading by title only and adoption of the following Ordinance No. 1154: ORDINANCE NO. 1155 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR TEMPORARY DECORATIVE FLAGS AND DISPLAYS FOR RESIDENTIAL APARTMENT COMPLEXES WITH 20 OR MORE UNITS Valerie Crabill, Chief Deputy City Clerk, read Ordinance No. 1155 by title only. Motion carried 4-0, Thomas absent (roll call vote). 680-95 12. STATUS REPORT ON CONSTRUCTION NOISE Rick Brown, Building Official, reported that on February 6, 1995, Council adopted Ordinance No. 1143 which expanded the allowable hours for construction activity and directed staff to monitor compliance with the new provisions. He stated that 10 complaints had been received and continuous monitoring by staff was required to adequately enforce the ordinance. He noted that staff had received letters from the Roofing Contractors Association and Ralph Fellick, Tustin Roofing Company owner, requesting expanded construction hours. Council/staff discussion followed regarding cooperation received from the construction firms; special provisions in the ordinance allowing weekend roofing; roofing inspection priorities in rainy weather; subjective enforcement of the ordinance; and authorized approval for weekend commercial roofing in the City's industrial areas. The following member of the audience spoke in opposition to Ordinance No. 1143 restricting construction/roofing on holidays and requested expanded work hours: Ralph Fellick, Tustin Roofing Co. Mayor Potts suggested staff investigate other Orange County cities' policies regarding roofing hours and roofing construction on weekend/holidays. Council/staff/speaker discussion followed regarding allowing Presidents Day as a potential construction work day. The following member of the audience requested Ordinance No. 1143 allow weekend construction/roofing at non-residential sites: Jim Kilbourne, Ross and Barrows, Inc. It was moved by Saltarelli, seconded by Worley., to receive and "om° file subject report. Motion carried 4-0, Thomas absent. 230-65 13. GENERAL PLAN AMENDMENT 94-001, ZONE CHANGE 94-004, SECOND AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT AND TENTATIVE TRACT MAP 15055 (THE IRVINE COMPANY) It was moved by Doyle seconded by Worley, to continue this item to the August 7, 1995 City Council meeting. 66-P-0 Motion carried 4-0, Thomas absent. 14. FEE WAIVER - DINOSAUR DASH Gary Magill, Recreation Supervisor, reported that the Tustin CITY COUNCIL MINUTES Page 6, 7-17-95 Public Schools Foundation was planning the 5th Annual Dinosaur Dash on November 12, 1995. The Foundation was requesting fee waivers for Police and Public Works staff, permit fees, inspections, and use of City equipment. It was moved by Worley, seconded by Saltarelli, to waive fees for the Dinosaur Dash event. Motion carried 4-0, Thomas absent. 390-55 PUBLIC INPUT - None OTHER BUSINESS ORANGE COUNTY BANKRUPTCY Councilmember Doyle noted the increasing trend of the County government to consider raising numerous taxes to gain bankruptcy revenue, and the Board of Supervisors' failure to reduce the number of County employees. Mayor Pro Tem Worley reported on the League of Cities meeting and action taken to protect cities, through State legislation, from suffering financial losses to assist in repayment_ of the Orange County bankruptcy. HOMEOWNER INSURANCE Councilmember Doyle reported on damage to his rental property, stated his insurance policy was unknowingly inadequate, and cautioned residents to review their homeowner insurance policies for adequate coverage. TASTE OF TUSTIN - JULY 28-30, 1995 Councilmember Doyle and Mayor Potts invited residents to participate in the Taste of Tustin event. SOUTHWEST AREA REDEVELOPMENT IMPROVEMENTS Mayor Pro Tem Worley reported on a tour of the redevelopment area and noted extensive improvements made possible through grants and loans, and encouraged staff to continue code enforcement activities on absentee landlords. Mayor Potts stated the City was attempting through legislation to demolish some projects in the area and replace them with parks and recreation for children. AUTOMOBILE INSURANCE Councilmember Saltarelli cautioned residents to review their automobile insurance policies for adequate liability coverage. GRAND OPENING - MRS. GOOCH'S Mayor Potts reported on the grand opening of Mrs. Gooch's market in the Courtyard shopping center on July 27, 1995, and noted their willingness to donate funds to local non-profit organizations. COMMITTEE REPORTS ORANGE COUNTY FIRE AUTHORITY Councilmember Saltarelli reported on the Fire Department labor dispute in the City of Westminster which had resulted in the withdrawal of contract offer to provide fire services by the Orange County Fire Authority. The Fire Authority subsequently re- offered and approved the contract based on a litigation indemnity clause by the City of Westminster, and he had been one of the board members in opposition to the contract approval based on potential litigation. CITY COUNCIL MINUTES Page 7, 7-17-95 CLOSED SESSION Council concurred to continue to the August 7, 1995 Council meeting, the Closed Session regarding pending litigation to which the City is a party: City of Tustin vs. GeoSoils, E. L. Yeager, and Sam Johnson, OCSC Case No. 73-27-66; and to confer with the City Attorney regarding anticipated litigation, the initiation of litigation pursuant to Government Code Section 54956.9(c), one potential case. ADJOURNMENT Mayor Potts adjourned the meeting at 8:45 p.m. The next regular meeting of the City Council was scheduled for Monday, August 7, 1995, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. 4 E. WYNN, CITY CLERK JIM PO , MA OR