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HomeMy WebLinkAbout02 MINUTES 08-01-94 ~NUTE~ REgULaR MEETIN~ OF THE CITY COUNCIL C~TY OF TUST~N, C&L~FORNIA ~ULY ~8~ 1994 NO. 2 8-1-9& CALL TO OI~DER/PLED~E OF ALLEgiaNCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:07 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Doyle. The Invocation was given by Councilmember Worley. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Thomas R. Saltarelli, Mayor Jim Potts, Mayor Pro Tem Mike Doyle Jeffery M. Thomas Tracy A. Worley None Mary E. Wynn William A. Huston, City Manager Lois Jeffrey, Interim City Attorney Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Robert Ruhl, Field Services Manager Susan Jones, Recreation Superintendent Valerie Whiteman, Chief Deputy City Clerk Rita Westfield, Ass. Dir./Community Development Dana Kasdan, Engineering Services Manager Rick Zimmer, Redevelopment Program Manager Gary Veeh, Water Operations Manager Dan Fox, Senior Planner Dana Ogdon, Senior Planner Bettie Correa, Senior Personnel Analyst Gary Magill, Recreation Supervisor Doug Anderson, Transportation Engineer Scott Reekstin, Assistant Planner Irma Hernandez, Administrative Assistant Approximately 100 in the audience PREBENTATION Fabie Combs, Orange County Vector Control representative, reported her attendance at a conference regarding the Africanized Honey Bee. She related the following: Africanized Honey Bee information was distributed to the Tustin Unified District; current location of the bees; background of the Africanized Honey Bee; characteristics and appearance of the bee; areas the bees build their hives; sting removal techniques; and safeguards against bee stings. 'IOCLAMATIONS WOMAN OF THE YEAR AND MAN OF THE YEAR Mayor Saltarelli read and presented proclamations honoring Angie Kardashian as the 1993 Woman of the Year and Vic Gorham as the CITY CO~]~CIL MINUTES Page 2, 7-18-94 1993 Man of the Year. Vic Gotham thanked the Council for the proclamation. Angie Kardashian pledged her continued support to the City and thanked the Council for the proclamation. ~,"NOUNCEMENT Mayor Saltarelli announced the Taste of Tustin event would be held July 29-31, 1994, at the Tustin Market Place and encouraged everyone to attend. PUBLIC INPUT CONDUCT OF COUNCIL MEETINGS Helen Edgar, 13622 Loretta Drive, Tustin, expressed displeasure with the conduct of Council including placement of initiatives on the November ballot; possible replacement of Planning Commissioners Weil and Baker; and the general conduct of the Council meetings. NEIGHBORHOOD PARK - PIONEER ROAD Karen and Jon Daurio, 11075 Means, Tustin, spoke in favor of a neighborhood park on Pioneer Road and requested Council agendize the subject at a future meeting. MAYOR PRO TEM POTTS~ REMARKS Leslie Pontious, 1881 Mitchell #51, Tustin, spoke in opposition to Mayor Pro Tem Potts' remarks at the July 5, 1994 Council meeting, "I have fought more crime on this City Council than in the streets of Irvine." COUNCIL CONCERNS/COMMISSIONERS WEIL AND BAKER/OPPOSED REMOVAL OF COUNCILMEMBERS FROM CITY COMMITTEES Erin Nielsen, 14462 Oxford, Tustin, stated that Council should concern themselves with important issues such as crime, gangs, and graffiti; expressed support for Commissioners Weil and Baker; and opposed removal of Councilmembers from City committees. BALLOON FESTIVAL The following members of the audience spoke in opposition to the proposed balloon festival: Karen Daurio, 11075 Means, Tustin John Daurio, 11075 Means, Tustin Jerry Kress, 10921 Gray Place, Tustin Pam Manazer, 10930 Gray Place, Tustin (submitted a opposing the balloon festival) Scott Komorous, 10875 Kimball Place, Tustin petition CITY COUNCIL MINUTES Page 3, 7-18-94 William Huston, City Manager, stated that staff would contact the event promoter for further information and present a report addressing residents' concerns at the August 1, 1994 Council meeting. LIBI~%RY HOURS Maralys Wills, 1811 Beverly Glen Drive, Santa Aha, spoke in support of extended library hours and requested Council agendize this item. DIRECTIONAL SIGNS/LANDSCAPING PLANTER REPLACEMENT - OLD TOWN Phil Cox, 401 E1 Camino Real, Tustin, suggested directional signs to Old Town and requested replacement of landscaping in 01d Town planters. William Huston, City Manager, responded that staff would be recommending replacement of the existing contract landscaping firm at a future Council meeting. Staff/speaker discussion improvement timetable. followed regarding landscaping COUNCIL MEETING PUBLIC INPUT Madeline Arakelian, Laguna Hills, spoke regarding the rights of non-residents to speak at Council meetings. Mayor Saltarelli stated that the public was welcome to speak at Council meetings regardless of whether they resided in the City or not. 24. FEE WAIVER - DINOSAUR DASH (Agenda Order) Mayor Saltarelli requested this item be taken out of Agenda Order. Gary Magill, Recreation Supervisor, reported the Tustin Public Schools Foundation would be holding the Fourth Annual Dinosaur Dash on November 13, 1994, at the Tustin Market Place. He stated the Foundation was requesting waiver of all fees including Police and Public Works staff, permits, inspections, and use of City equipment totalling approximately $2,500.00. The following member of the audience spoke in favor of waiving all fees for the Dinosaur Dash: Ben deMayo, Tustin Public Schools Foundation representative It was moved by Potts, seconded by Thomas, to waive fees for Police and Public Works staff, permits, inspections, and use of City equipment for the Dinosaur Dash. Motion carried 5-0. CITY COUNCIL MIN%~ES Page 4, 7-18-94 PUBLIC I:I'R]~laTNG ( ZTE3L~ I ~UGH 3 ) ZONE CHANGE 94-002 (GLENN G. RILEY) Scott Reekstin, Assistant Planner, reported that the applicant was requesting to change the current zoning designation for the site located on the westerly side of Red Hill Avenue between Lance Drive and San Juan Street from R-4 (Suburban Residential District) to R-3 (Multiple Family Residential District). He stated the proposed Zone Change would result in an increase in the allowable density of development on the subject property from fourteen dwelling units per acre to twenty four units per acre and due to the size of the project site, this change would result in the potential for two additional dwelling units than could be accommodated under the existing R-4 zoning, with a maximum potential for five dwelling units. He summarized the Planning Commission's recommendation of denial of the proposed Zone Change as: "spot zoning"; was incompatible with land use densities in the vicinity; would allow development 66 percent more dense, greater building mass, and less landscape open space than allowed under R-4 zoning; would create a zoning district boundary at an illogical location; and was inconsistent with the General Plan. Council/staff designations. discussion followed regarding Zoning Code Mayor Saltarelli opened the Public Hearing at 8:30 p.m. The following member of the audience spoke in favor of Zone Change 94-002: Glenn Riley, 1432 S.E. Skyline Drive, Santa Ana Council/staff/speaker discussion followed regarding that architectural design issues were not pertinent to the Zone Change; number of units built on adjacent parcels; property zoning history; and applicant's desire to build three additional units on the subject site. The following member of the audience spoke in opposition to Zone Change 94-002: Donna Karlen, 1101 St. Regis Place, Santa Ana There were no other speakers on the subject and the Public Hearing was closed at 8:50 p.m. RECESS - At 8:50 p.m. the meeting was recessed and reconvened at 9:00 p.m. Councilmember Thomas questioned whether a compromise could be reached in order to achieve lower density and conformity. Christine Shingleton, Assistant City Manager, stated a potential compromise was to develop an R-3 acronym capping at four units per lot. CI~ COUNCIL MI~VOTES Page 5, 7-18-94 Mayor Saltarelli supported a maximum of four units on the subject site creating density similar to the adjoining parcels. Councilmember Worley stated she supported the Planning Commission's recommendation of Zone Change denial because of the existing crowded area, and the proposed Zone Change could increase density 66 percent. Councilmember Doyle stated he would abstain from discussion and voting on this item. Christine Shingleton, Assistant city Manager, suggested continuing this item to allow staff to modify the acronym to an R-3 designation. It was moved by Thomas, seconded by Saltarelli, to continue this item. Mayor Saltarelli stated the R-3 acronym designation change would allow the applicant to build a maximum of four units and improve the neighborhood's appearance. Mayor Pro Tem Potts stated he was opposed to building three more units because of the existing overcrowding in the area; spot zoning; and supported construction of two additional units only. Mayor Saltarelli said that one project should not be singled out because of the existing density in the City. He said that continuing this item would allow the applicant to meet with staff to achieve a compromise; and supported allowing the three additional units on the subject site. Motion died 2-2, Potts, Worley opposed; Doyle abstained. It was moved by Potts, seconded by Worle¥, to adopt Resolution No. 94-87 denying Zone Change 94-002. Motion died 2-2, Saltarelli, Thomas opposed; Doyle abstained. Lois Jeffery, Interim City Attorney, stated adoption of Resolution No. 94-87 required three affirmative votes. Because the motion died, the Planning Commission's recommendation would automatically be upheld. The following Resolution No. 94-87 denying Zone Change 94-002 was adopted: RESOLUTION NO. 94-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DENYING ZONE CHANGE 94-002, A REQUEST TO CHANGE THE DESIGNATION OF THE PROPERTY LOCATED AT 13641 RED HILL AVENUE FROM R-4 (SUBURBAN RESIDENTIAL DISTRICT) TO R-3 (MULTIPLE FAMILY RESIDENTIAL DISTRICT) CITI CU~CiL Mlff%71~--~ Page 6, 7-18-94 RESOLUTION NO. 94-86, PL,%C?N(~ ~,S SE S SI','.ENT FOR SOLID WASTE COLLECTION ON THE ~.994-95 TAX ROLL Ronald Nault, Director of Finance, reported that disposal charges included material recovery facility processing costs and disposal at the landfill. He stated that Great Western Reclamation requested an adjustment in the solid waste collection fees for 1994-95 as permitted by the franchise agreement. The calculated formula produced an adjustment of 4.7 percent, or approximately 50 cents per month per unit. He explained that the residential rates were $9.30 and the proposed rate would be $11.11 per month, an increase of $1.81 per month. The increase included a Council decision to reduce the 1993-94 rate by applying a $1;31 per month credit, a result of a prior year adjustment for actual tonnage collected. He said that the proposed rates were within the median and the average in the County of Orange. Council/staff discussion followed regarding components in the franchise agreement which determined the rate increase. It was moved by Thomas, seconded by Worley, to continue this item to the August 1, 1994 Council meeting for the required second Public Hearing. Motion carried 4-1, Potts opposed. Mayor Saltarelli opened the Public Hearing at 9:15 p.m. The following members of the audience spoke in opposition to the rate increase: Dolores Otting, 5 Star Rubbish Service Madeline Arakelian, Laguna Hills There were no other speakers on the subject and the Public Hearing was closed at 9:20 p.m. Mayor Pro Tem Potts stated he was opposed to a rate increase unless it was determined by an increase in gasoline, labor, hauling and gate fees. William Huston, City Manager, stated that this Public Hearing and the second Public Hearing to be held at the August 1, 1994 Council meeting, were required by State law due to the proposed increase in residential rates and for placement on the tax roll. He clarified that the franchise agreement between Great Western Reclamation and the City contained a formula determining residential and commercial rates. Ronald Nault, Director of Finance, explained that the percentage increase applied to residential rates determined the increase in commercial rates. He stated that the Bureau of Labor Statistics verified the computation of the proposed trash collection rates. Mayor Pro Tem Potts stated he was opposed to the rate increase because the existing commercial rates were already extremely high. CITY COUNCIL MINUT£S Page ?~ 7-18-94 Ronald Nault, Director of Finance, stated staff would submit a commercial bin rate survey at the August 1, 1994 Council meeting. Council/staff discussion followed regarding clarification of fees on the tax roll; and the increased cost to the consumer to use a direct billing system. APPEAL OF CONDITIONAL USE PEI~MIT 93-038 (ALLBTA~ LUBE & TUNE) Christine Shingleton, Assistant city Manager, reported that at the July 5, 1994 meeting, Council continued this item so staff could examine issues related to the right-of-way dedication condition of Conditional Use Permit 93-038. She stated upon review, staff determined the dedication requirements were justified; however, in order to reach an agreement with the applicant, staff recommended modifying Condition 6.4, not requiring dedication of right-of-way along Red Hill Avenue. She noted the public improvement and actual acquisition costs to E1 Camino Real and Red Hill Avenue; potential traffic impacts regarding the proposed placement of the driveway on E1 Camino Real; right-of-way dedication on E1 Camino Real would partially mitigate traffic impacts; and the applicant's cost for right-of-way and improvements. Council/staff discussion foIlowed regarding the necessity of widening E1 Camino Real; and future acquisition of the Red Hill Avenue right-of-way. Mayor Saltarelli opened the Public Hearing at 9:30 p.m. The following members of the audience spoke in favor of the Appeal of Conditional Use Permit 93-038: Steve Crooke, attorney for property owner Ed Pankey, property owner A1 Wearingen, applicant Council/staff/speakers discussion followed regarding the property owner receiving fair compensation for right-of-way acquisition; traffic impacts; and Environmental Evaluation. There were no other speakers on the subject and the Public Hearing was closed at 10:00 p.m. Mayor Saltarelli stated this matter involved landowner and taxpayer money; the Environmental Study indicated traffic impacts; he supported the City's proposed compromise not requiring dedication of Red Hill Avenue frontage; and stated he would support staff's recommendation. Councilmember Thomas said that the City had offered a fair compromise to the property owner; however, it was evident that the owner was not satisfied with the offer. He stated he supported staff's recommendation. CITY COUNCIL MINt~fES Page 8, 7-18-94 Councilmember Worley stated that the City's proposed public improvements to Red Hill Avenue and E1 Camino Real as well as not requiring dedication of Red Mill Avenue were fair offers; therefore, she also supported staff recommendation. Council/speaker (Pankey) discussion followed regarding the compensation offered by the City for dedication requirements. Mayor Pro Tem Potts stated he was opposed to acquiring property without offering fair compensation and believed there were still too many grey areas in the proposed compromise. Councilmember Doyle stated he also was opposed to taking property without fair compensation. He noted that Mr. Pankey was trying to make improvements to the City and he was being penalized for attempting to develop a good project. Mayor Saltarelli stated that although Mr. Pankey had contributed to the betterment of Tustin, Council was responsible for considering the taxpayer. He said he supported landowner compensation but not at the expense of the taxpayers. It was moved by Thomas, seconded bv Worle¥, to recertify the Final Negative Declaration, as modified, as adequate for the project by adopting the following Resolution No. 94-81: RESOLUTION NO. 94-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECERTIFYING THE FINAL NEGATIVE DECLARATION, AS MODIFIED, AS ADEQUATE FOR CONDITIONAL USE PERMIT 93-038 AND DESIGN REVIEW 93-040 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 3-2, Potts, Doyle opposed. It was moved by Thomas, seconded by Worley, to uphold the Planning Commission's action related to Condition No. 6.1 and modify its action regarding Condition No. 6.4 of Conditional Use Permit 93- 038 by adopting the following Resolution No. 94-82, subject to the conditions contained in Exhibit A: RESOLUTION NO. 94-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S ACTION RELATED TO CONDITION NO. 6.1 AND MODIFYING ITS ACTION REGARDING CONDITION NO. 6.4 OF CONDITIONAL USE PERMIT 93-038, A REQUEST TO ESTABLISH AND OPERATE AN AUTO SERVICE FACILITY WITHIN THE CENTRAL COMMERCIAL (C-2) DISTRICT AND DESIGN REVIEW 93-040 FOR AN APPROXIMATELY 4,900 SQUARE FOOT AUTO SERVICE FACILITY LOCATED AT 13922 RED HILL AVENUE Motion carried 3-2, Potts, Doyle opposed. CONSENT C~T.RNDAR (ITF~MB 4 THROUGH 12) It was moved by Potts, seconded by Worle¥, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. CI~"~ COUNCIL MINUTES Page 9, 7-18-94 10. 11. 12. APPROVAL OF DEM~NDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $989,329.62 and ratify Payroll in the amount of $307,160.06. APPROVi%L OF MINUTES - JULY 5, 1994 REGULAR MEETING Recommendation: Approve the City Council Minutes of July 5, 1994. REJECTION OF CLAIM NO. 94-25 - CLAIMANT, R.D. EISZELE; DATE OF LOSS, 4/20/94; DATE FILED WITH CITY, 5/11/94 Recommendation: Reject subject claim for property damage in the amount of $771.51 as recommended by the City Attorney. I~vZSTMENT SCHEDULE AS OF MAY 31~ 1994 Recommendation: Receive and file subject report as recommended by the Finance Department. RESOLUTION NO. 94-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN Recommendation: Adopt Resolution No. 94-79 amending the Classification Plan to include the non-sworn, non-management position of Lead Communications Officer; and approve compensation of Lead Communications Officer as follows: Step A, $2851; Step B, $2994; Step C, $3143; Step D, $3300; and Step E, $3465 as recommended by Personnel Services. PLANNING COMMISSION ACTION AGENDA - JULY 11, 1994 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of July 11, 1994. TUSTIN SPORTS PARK, MULTI-USE TRACK Recommendation: Direct staff to negotiate a change order on the Sports Park project for construction of a multi-use path for jogging and rollerskating as recommended by the Community Development Department. RESOLUTION NO. 94-84 - 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 SIGNALS AND INTERCONNECT AT MCFADDEN AVENUE AND WALNUT AVENUE Recommendation: Adopt Resolution No. 94-84 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. AWARD OF CONTRACT FOR CONSTRUCTION OF VANDENBERG WELL WELLHEAD FACILITIES Recommendation: Award the contract for subject project to P.R. Burke Corporation, Tustin, in the amount of $565,193.00 as recommended by the Public Works Department/Water Division. CITY CO~3NCIL MINUTES Page 10, 7-18-94 13. 14. BUBZHBBS (X~Kda 13 Xu, MOUGH 26) ROLLER HOCKEY STUDY PROGRESS REPORT Christine Shingleton, Assistant City Manager, reported that at the July 5, 1994 meeting, Council instructed staff to explore alternate locations for a skating rink at Columbus Tustin Park. She stated that a preliminary review indicated inadequate room on the City-owned portion of the park site for a roller hockey rink; however, staff would present alternate concepts at the August 1, 1994 Council meeting. In addition, she said that staff was collecting concession agreements from other cities, reviewing the current joint use agreements with the school district for existing facilities on the site, gathering property line survey data, and researching as-built plans for the tennis court area. The following members of the audience spoke in favor of locating a roller hockey site in Tustin: Rennie Clark, Tustin In-Line Skate and Hockey Alex Reddin Christine Shingleton, Assistant City Manager, stated that staff had experienced difficulty receiving property delineation information for Columbus Tustin Park. She said a site plan could not be developed until the delineation was clearly identified between the City and the school district. William Huston, city Manager, stated that at Council direction, staff investigated utilizing Columbus Tustin Park. He explained that two issues would affect the feasibility of using Columbus Tustin Park: the City and school district had a joint use agreement for facilities; and the Columbus Tustin tennis courts were the only courts in the northwest portion of the community and the possible impact of removing the tennis courts must be examined. He noted one of the baseball fields was another possible site. He said that staff required additional time to investigate all possible alternatives and present them to Council. Council/staff/speaker (Clark) discussion followed regarding concession agreement information; terms of the joint use agreement; preliminary concept plan of a roller hockey facility; condition of tennis courts; involving the school district in this matter; and a baseball field could contain two roller hockey rinks. It was moved bv Thomas, seconded by Worley, to receive and file subject report. Motion carried 5-0. ORDINANCE NO. 1130; BIDDING OF SOLID WASTE COLLECTION CONTRACT It was moved by Thomas, seconded by Potts, that Ordinance No. 1130 have second reading by title only. Motion carried 5-0. CITY COUNCIL MINUTES Page 11, 7-18-94 Following second reading by title only of Ordinance No. 1130 by the City Clerk, it was moved by Potts. seconded by Thomas, to adopt the following Ordinance No. 1130: ORDINANCE NO. 1130 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUIRING THAT CITY CONTRACTS FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE AND THE COLLECTION OF RECYCLABLE MATERIAL BE SUBJECT TO COMPETITIVE BID Motion carried 5-0 (roll call vote). 15. ORDINANCE NO. 1131, PEI~IT PARKIN~ ON ROSALIE PIECE AND QUENT DRIVE It was moved by Potts0 seconded by Thomas, that Ordinance No. 1131 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1131 by the City Clerk, it was moved bv Potts, seconded by Thomas, to adopt the following Ordinance No. 1131: ORDINANCE NO. 1131 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 5331n TO DESIGNATE ROSALIE PLACE AND QUENT DRIVE FOR PARKING BY PERMIT ONLY Motion carried 5-0 (roll call vote). 16. ORDINANCE NO. 1132, THREE-TEP. M LI~IT It was moved by Thomas, seconded by Worley, that Ordinance No. 1132 have second reading by title only. Motion carried 4-1, Potts opposed. Following second reading by title only of Ordinance No. 1132 by the City Clerk, it was moved by Thomas, seconded by Worley, to adopt the following Ordinance No. 1132: ORDINANCE NO. 1132 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, LIMITING CONSECUTIVE TERMS OF MEMBERS OF THE CITY COUNCIL Motion carried 3-2, Potts, Doyle opposed (roll call vote). 17. ORDINANCE NO. 1133, PUBLIC NUDITY It was moved by Potts, seconded by Worley, that Ordinance No. 1133 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1133 by the City Clerk, it was moved by Potts, seconded by Thomas, to adopt the following Ordinance No. 1133: ORDINANCE NO. 1133 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO PUBLIC NUDITY Motion carried 5-0 (roll call vote). CITY COUNCIL MINUTES Page 12, 7-18-94 REVISED SMOKING ORDINANCE Lois Jeffrey, Interim City Attorney, reported that the revised smoking ordinance proposed by Councilmember Worley would prohibit smoking in any City-owned, operated or leased facility. It added retail sales and retail service establishments to the places where owners and operators of such establishments must designate non- smoking areas. She said that no substantive changes were made to the existing provision regarding restaurants. Council/staff discussion followed regarding November ballot smoking initiative and AB 13. The following members of the audience spoke in favor of a stronger smoking ordinance: Jack Miller, 17352 Parker Drive, Tustin Theresa Mangan, Orange County Tobacco Use Prevention Coalition representative Councilmember Thomas noted the ordinance contained vague language regarding restaurants designating adequate seating capacity for non-smoking sections. He said that he preferred elimination of restaurants from the ordinance; and suggested delaying action on this item until Governor Wilson acted upon AB 13. Councilmember Worley stated that the proposed ordinance was a public health issue and not designed to be business friendly. She stated she preferred an ordinance that was more restrictive; and noted other cities that had enacted 100 percent smoke-free work places, including restaurants. She said she supported this ordinance because it gave non-smokers more smoke-free areas. The following member of the audience spoke in favor of adopting the revised smoking ordinance; 100 percent non-smoking in all public places, retail sales, services and eating establishments; and banning cigarette vending machines: Pamela Kroll, 1731 Amherst Road, Tustin The following members of the audience spoke in opposition to adopting the revised smoking ordinance: Ken Royal, Tustin John Kelly, Tustin Charlie Mack, 13202 Wickshire, Alex Carrassi Tustin Councilmember Worley stated that rules and regulations were enacted in society to protect life and provide safety, and she stressed the fact that second-hand smoke was a human carcinogen and a known killer. Mayor Saltarelli stated that he supported restricting smoking in public places; however, since people had the choice of patronizing restaurants, he did not support restricting smoking in CITY C~CIL MINUTES Page 13, 7-18--94 restaurants. It was moved by Worle¥. seconded by Potts, that the following Ordinance No. 1134 be introduced: ORDINANCE NO. 1134 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 2 OF CHAPTER 1 OF ARTICLE 4 OF THE TUSTIN CITY CODE REGARDING SMOKING Councilmember Doyle stated his opposition to the proposed ordinance and said that as a restaurant owner, some days his restaurant was smoke-free. He noted that he could be cited for not having enough smoking areas, or having too much and he believed this was a lose-lose situation. Councilmember Thomas reiterated his position to delay action until after the November election. Mayor Pro Tem Potts stated that he believed this ordinance was not too restrictive and offered guidelines for the city to use. He said he also supported banning all cigarette vending machines. Motion carried 3-2, Doyle, Thomas opposed. REJECTION OF CLAIM NO. 94-26, KIM MORGi~N It was moved bY Potts, seconded bv Worlev, to reject subject claim for property damages in the amount of $400.00. Motion carried 5-0. REPLACEMENT OF PLANNING COMMISSIONER BAKER Mayor Pro Tem Potts stated that the Planning Commission had voted to limit their terms to three terms and that because Commissioner Baker had served for nine years, it was time new people serve on the Planning Commission. The following member of the audience spoke in opposition to replacement of Planning Commissioner Baker; her past service on the Planning Commission; serving as campaign manager for Councilmember Puckett in 1990; serving as a volunteer on Councilmember Puckett's 1994 re-election campaign; stated that in 1993 Mayor Potts ordered her not to support Councilmember Puckett's re-election campaign because of her position on the Planning Commission; summarized Ordinance No. 874; stated her First Amendment right to support any political candidate; and noted Tustin's tradition of fair play. Kathy Weil, 1702 Summerville, Tustin Mayor Pro Tem Potts responded to Mrs. Weil's comments and that because she challenged his integrity, he offered to take a polygraph test. He stated he had not ordered Mrs. Weil against running Councilmember Puckett's campaign. He said term limits were in the best interest of the City allowing new people to serve CITY COUNCIL MINUTES Page 14, 7-18-94 on the Council and Commissions. The following members of the audience spoke in opposition to replacing Planning Commissioner Baker: Dick Edgar, 13622 Loretta Drive, Tustin A1 Baker, 13511 Farmington Road, Tustin Councilmember Thomas apologized to Commissioner Baker and stated agendizing this issue was an embarrassment to the City. Mayor Pro Tem Potts clarified that this was not a personal issue against Mr. Baker. He said this matter was agendized because of his commitment to term limits; Mr. Baker had served nine years on the Planning Commission and it was time he stepped down to allow new people an opportunity to serve the City. He apologized to Mr. Baker for not contacting him before the matter was brought up at the last Council meeting. The following member of the audience spoke in favor of replacement of Planning Commissioner Baker: Charlie Mack, 13202 Wickshire, Tustin Councilmember Thomas stated that it was inappropriate and unprecedented to remove a Commissioner in mid-termand was opposed to removing Commissioner Baker. He stated his concern with all inexperienced members on the Planning Commission to deal with important issues such as the Marine Corps Air Station, Tustin closure. He said the proper time to replace a Commissioner was at their term expiration. Councilmember Worley stated she supported allowing Commissioner Baker to serve his appointed term; apologized for the manner in which this subject was handled; and because Mr. Baker wanted to finish his term, she believed he should be allowed to do so. Councilmember Doyle said this matter should have been handled in a different manner; noted the Planning Commission's self-imposed term limit; and supported allowing new people to serve the City on Commissions/Committees. Mayor Saltarelli stated that Kathy Weil and A1 Baker were assets to the City and Planning Commission. He noted that it took many years to acquire the knowledge necessary to serve on the Planning Commission and because of the pending base closure, it would be unwise to replace experienced Commissioners at this time. It was moved by Potts, seconded by Doyle, to remove A1 Baker from the Planning Commission and appoint a replacement. Motion failed 2-3, Saltarelli, Thomas, Worley opposed. RECRSB - At 11:30 p.m. the meeting was recessed and reconvened at 11:40 p.m. CITY COUNCIL MINUTES Page 15, 7-18-94 LZSTZNG OF CON~ZBBZON8 ~ COI,~ZTTEEB Mayor Pro Tem Potts stated that he did not support Councilmembers sitting on standing Committees/Commissions; he believed some residents had more experience and knowledge to contribute to Conumittees/Com/~issions than Councilmembers; and supported removal of Councilmembers from Committee/Co~umissions. It was moved by Potts, seconded by Do¥1o, to replace Councilme~ubers from City Con~mittees/Commissions. Councilmember Doyle said that he supported allowing people in the community to serve on Committees/Commissions rather than Councilmembers. He said that residents could bring new ideas and expertise especially to the Youth Issues Committee and Community Foundation. Councilme~er Thomas noted that several months ago he had been denied serving as Mayor Pro Tem and had been assigned to Committees/Commissions with no power, and it appeared that certain Councilmembers did not want him involved with any Committees or Commissions. He said that he founded the Economic Development Council; had contributed many hours, including returning from out- of-town business commitments to attend City meetings while other appointed Councilmembers failed to attend; stated that as the alternate to the Transportation Corridor Agency (TCA) he was not advised that the appointed representative would not be attending the recent TCA meeting; noted support of constituency of Councilmembers remaining on the Committees/Commissions; and stressed the importance of keeping Councilmembers on the Committees/Commissions to provide guidance and direction. Mayor Pro Tem Potts stated that he was not attempting to remove all Committee/Commission responsibilities from Councilmember Thomas and offered his seat on the Sanitation District to Councilmember Thomas. He said he was concerned that the Committees/Commissions should have input from the majority of Council. Council/staff discussion followed regarding complying with the Brown Act; and the diversity of cities having Councilmembers on Committees/Commissions. Mayor Saltarelli noted that only five of seventeen Committees/Commissions had Council membership. He stated the importance of Council direction to Committees/Commissions received by Council's interaction with the public by attending meetings, receiving mail, and working with staff. He stated his opposition to removal of Councilmembers from City Commissions and Committees. Councilmember Worley stated her opposition to removal of Councilmembers from Commissions/Committees and said it was the decision of individual Councilmembers whether they wanted to be involved and should not be prevented from appointment by Council. Mayor Pro Tem Potts stated that Council membership was not CITY COUNCIL MINUTES Page 16, 7-18-94 25. necessary and Committees/Commissions should receive direction from Council majority not from one or two Councilmembers and he noted the difficulty of some Councilmembers attending Co~ittees/Commissions meetings. He suggested a qualified resident, A1 Murray, be appointed to the Youth Issues Committee. The following me~ber of the audience spoke in favor of Councilmembers remaining on City Commissions/Committees: Ken Royal, Tustin Motion failed 2-3, Saltarelli, Thomas, Worley opposed. (Agenda Order) Mayor Saltarelli requested this item be moved out of Agenda Order. Councilmember Doyle stated that some residents were more qualified than he was to serve on the Youth Issues Committee, and therefore, he resigned his position on the Youth Issues Committee. Council/staff discussion followed regarding the number of Council membership on Committees/Commissions. William Huston, City Manager, stated that the Youth Issues Committee and Community Foundation Board of Directors required specific Council membership. He said that an amendment to the Memorandum of Understanding (MOU) could be presented to the school district if Council chose to change the number of Council representatives on the Youth Issues Committee. Council concurred to appoint Mayor Saltarelli to the Youth Issues Committee. Councilmember Thomas recommended appointing Nan Lunn to serve on the Marine Corps Air Station, Tustin Task Force. Mayor Saltarelli stated that former Planning Commissioner William Stracker expressed interest in continuing to serve on the Marine Corps Air Station Task Force for the remainder of its assignment and suggested re-appointment of Mr. Stracker because of his experience and background. It was moved by Saltarelli, seconded by Thomas, to re-appoint William Stracker to the Marine Corps Air Station, Tustin Task Force. Motion carried 5-0. It was moved by Potts, seconded by Worle¥, to appoint A1 Murray to the Youth Issues Committee upon school district approval of an amendment to the Memorandum of Understanding. Motion carried 5-0. William Huston, City Manager, stated an amendment to the Youth CITY COUNCIL MINUTES Page 17, 7-18-94 Issues Committee MOU would be presented to Council at the August 1, 1994 meeting. 22. RESOLUTIONS RELATINO TO THE NOVEHBER 8~ 1994 ELECTION Lois Jeffrey, Interim City Attorney, reported that Resolution No. 94-88 provided for calling of a special municipal election and consolidation of the special municipal election with the general statewide election. She said that transmittal of this resolution to the Orange County Elections Department would trigger the necessary activity to ensure that the three ballot measures were included on the November ballot. She stated that Resolution No. 94-89 provided for the preparation of impartial ballot analysis by the City Attorney and Council to authorize one or more of their members to prepare ballot arguments allowing one argument in favor of the proposition and one argument in opposition of the proposition. If more than one argument in favor was received by the City, priority to an argument submitted by a member of Council who had been authorized to prepare an argument would take preference. Council/staff discussion followed regarding allowing voters to decide upon the measures without submitting pro or con arguments; and priority of arguments submitted to the City. Lois Jeffrey, Interim City Attorney clarified Resolution No. 94-88 and the cost of inclusion of a special sample ballot. It was moved by Doyle, seconded by Thomas, to adopt the following Resolution No. 94-88, excluding the separate sample ballot: RESOLUTION NO. 94-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA: (1) CALLING A SPECIAL MUNICIPAL ELECTION FOR NOVEMBER 8, 1994; (2) REQUESTING THE COUNTY BOARD OF SUPERVISORS TO ORDER CONSOLIDATION OF THE SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION ON NOVEMBER 8, 1994; (3) AUTHORIZING THE COUNTY BOARD OF SUPERVISORS TO CANVASS THE ELECTION RETURNS; AND (4) PROVIDING FOR THE EXPENSES OF THE ELECTION Motion carried 5-0. Council/staff discussion followed regarding clarification of Resolution No. 94-89 including the City Attorney writing an impartial ballot analysis; and Council submitting pro or con arguments. Council concurred to authorize the City Council to write the ballot arguments for all measures. Council/staff discussion followed regarding submitting pro or con arguments for Bidding of Solid Waste Contracts. Council concurred to authorize the City Attorney to write the impartial analysis for all measures. CITY COUNCIL MINUTES Page 18, 7-18-94 23. 24. 25. 26. It was moved by Thomas, seconded by Potts, to the August 1, 1994 Council meeting. Motion carried 5-0. PUBLIC INPUT - None OT~u~R BUSINESS RESTRICTING SALES FROM VEHICLES ON CITY STREETS Mayor Pro Tem Potts requested agendizing at a future Council concurred that ballot arguments be written as follows: Term Limitation Ordinance (Two full terms) Pro - Potts Con - Saltarelli Term Limitation Ordinance (Three full terms) Pro - Saltarelli Con - Potts Bidding of Solid Waste Contracts Pro - Potts Con - Saltarelli ORDINANCE BANNING GIFTS OF $250 OR MORE It was moved by Doyle, seconded by Potts, to continue this item to the August 1, 1994 Council meeting. Motion carried 5-0. FEE WAIVER - DINOSAUR DASH See page 3. MAYOR APPOINTMENTS See page 16. THE MCKINNEY ACT STRATEGY AS IT APPLIES TO MCAS TUSTIN William Huston, City Manager, recommended this item be continued to the August 1, 1994 Council meeting. to continue this item meeting an ordinance similar to the City of restricting sales from vehicles on City streets. Council Agoura Hills PROHIBITING SLEEPING IN VEHICLES Mayor Pro Tem Potts requested agendizing at a future Council meeting an ordinance prohibiting sleeping in vehicles. CITY COUNCIL MINUTES Page 19, 7-18-94 PROCL,~MATION REQUESTS Councilmember Thomas requested proclamations at the August 1, 1994 Council meeting for former Audit Committee member, Jerry Weil; former Planning Commissioners, William Stracker, and John Butler; retiring City Attorney James Rourke; and retiring City Engineer, Robert Ledendecker. ERRONEOUS NEWSPAPER ARTICLE Councilmember Thomas noted an erroneous Register newspaper article indicating Tustin had an in-house attorney. SUPPORT COUNTY RESOLUTION 3-94 Councilmember Worley requested the Directors of League of Cities' escalation of illegal immigration. City support Orange County Resolution 3-94 regarding SPEAKER COMMENTS Councilmember Worley expressed resentment toward speaker Erin Nielsen's comments regarding Council not addressing important issues; noted issues such as crime and redevelopment were being addressed; and she was personally dedicated to her responsibilities as a Councilmember. CLOSED SESSION Mayor Saltarelli announced that the City Council would convene in Closed Session to consider a matter of pending litigation pursuant to Government Code Section 54956.9(c), and a matter of threatened litigation pursuant to Government Code Section 54956.9(b) (there was a dispute between The Irvine Company and the City of Tustin over the deposit of soils in the construction of Jamboree Road). Confidential reports relating to (a) purchase and sale of real property, (b) matters of pending or potential litigation, (c) personnel, or which are otherwise exempt from public disclosure under the California Public Records Act, may be reviewed by the Council during a permitted Closed Session and are not available for public inspection. At such time as final actions are taken by the Council on any of these subjects, the minutes would reflect all required disclosures of information in accordance with the Brown Act. ADJOURNMENT Mayor Saltarelli adjourned the meeting at 12:35 a.m. The next regular meeting of the City Council was scheduled for Monday, August 1, 1994, at m~00 p.m. in the Council Chambers at 300 Centennial Way. .oLLOWING CLOSED SESSION At 12:50 a.m. the Council came out of Closed Session and reconvened in open session. Mayor Saltarelli reported that the Council approved an CITY COUNCIL MINUTES Page 20, 7-18-94 arbitration agreement with The Irvine Company and authorized filing of code enforcement complaints. The meeting was adjourned at 12:50 a.m. TEOF, A~ R. SALTARELLI, ~AYOR ~,RY E. WY~N, CITY CLERK