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HomeMy WebLinkAbout02 MINUTES 06-20-94 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JUNE 6v 1994 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:03 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Worley. The Invocation was given by Mayor Pro Tem Potts. ROLL CALL Council Present: Thomas R. Saltarelli, Mayor Jim Potts, Mayor Pro Tem Mike Doyle Jeffery M. Thomas Tracy A. Woriey Council Absent: None City Clerk: Mary E. Wynn Others Present: William A. Huston, City Manager James G. Rourke, City Attorney W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Robert Ruhl, Field Services Manager Susan Jones, Recreation Superintendent Valerie Whiteman, Chief Deputy City Clerk Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Comm. Development Rick Zimmer, Redevelopment Program Manager Dan Fox, Senior Planner Bettie Correa, Senior Personnel Analyst Gary Magill, Recreation Supervisor Melissa O'Neal, Recreation Supervisor Randy Westrick, Recreation Supervisor Doug Anderson, Transportation Engineer Approximately 100 in the audience PROCL~MATION8 LAW ENFORCEMENT RECORDS & SUPPORT PERSONNEL DAY, JUNE 3 Mayor Saltarelli read and presented a proclamation to Scottie Frazier proclaiming June 3, 1994, as Law Enforcement Records and Support Personnel Day. Scottie Frazier, Tustin Police Department Support Services Supervisor, thanked Council for the proclamation and accepted it on behalf of the Police Department's Records and support personnel. FIREFIGHTERS OF THE YEAR Mayor Saltarelli read and presented proclamations to the 1994 Orange County Civilian Firefighter of the Year, Sean Fair; Paid- Call Firefighter of the Year, Timothy Winer; and Firefighter of the Year, Captain Stephen J. Miller. CITY COUNCIL MINUTES Page 2, 6-6-94 An Orange County Fire Department representative presented a Certificate of Recognition recognizing Mr. Fair's efforts in preventing serious or fatal injury to an occupant during a residential fire. Sean Fair explained the actions he took during the residential fire, and thanked Council and the Fire Department for the proclamation and Certificate of Recognition. Timothy Winer and Captain Miller thanked Council for the proclamations. SALVATION ARMY Mayor Saltarelli read and presented a proclamation to Warren Johnson recognizing the week of May 9-15, 1994, as Salvation Army Week in Orange County. Warren Johnson, representing the Salvation Army, thanked staff for their support during the construction of the facility; invited everyone to attend worship services; and thanked the City for welcoming the Salvation Army to Tustin. PRESENTATIONS VOLUNTEER CONNECTION DAY Dennis Brown, Volunteer Center of Greater Orange County Chairperson, presented Council with an official flag commemorating Tustin's participation in the Second Annual Volunteer Connection Day on April 23, 1994, and thanked the City for their continued support. POLICE ACADEMY Mike Murphy, Tustin Police Department Citizen Police Academy member, presented a plaque to the Police Department recognizing the support and instruction they provided to the Citizen's Academy. Tustin Police Department representatives thanked the academy members for the plaque and their participation in the academy. ORANGE COUNTY VECTOR CONTROL Mayor Saltarelli stated that Fabie Combs, the Orange County Vector Control representative, requested the presentation be continued to the July 5, 1994 Council meeting. PUBLIC INPUT - None CITY COUNCIL MINUTES Page 3, 6-6-94 PUBLTC ~NG (XTE~ l) VESTZNG TENTATIVE TI~CT I~P :1.4883 AND ZONE CHANGE 93-005 (JOHN L~ZNG HOI~ES) Dan Fox, Senior Planner, reported the applicant was proposing to subdivide a 14.6 acre property, located on the southeast corner of Tustin Ranch Road and Greenway Drive, into 223 condominium units. He stated the appliCant also proposed an amendment to the East Tustin Specific Plan (Zoning Code Amendment) to modify the development standards for multiple family and condominium dwellings. The amendment included construction of condominium buildings around a garage court with the garages set back three feet. He explained that a development agreement with the applicant stipulated a financial contribution for development of parks in East Tustin of~$2,000.00 per unit exceeding 18 per acre; however, since the project was below 18 dwelling units per acre, no contributions would be reqUired. He stated an approximate 1/2 acre orchard across from the project entry using dwarf ornamental kumquat trees and individual trash can service were proposed for the project. He said that the Planning Commission had recommended approval of the proposed project. Council/staff discussion followed regarding amenities not proposed for the project; homeowner association CC&Rs providing a future alternative of removing the kumquat trees and adding amenities in the orchard area; and kumquat tree maintenance. Mayor Pro Tem Potts stated concern regarding the orchard as a safety issue because of restrictive visibility for police .department patrol and favored removal of some trees and installation of a tot lot. Dan Fox, Senior Planner, stated that staff had recommended to the Planning Commission that the kumquat trees be eliminated and that the balance of the open space around the buildings be designated as an open space amenity for the residents to utilize for passive or active recreation; however, the Planning Commission approved the applicant's proposal. The following member of the audience spoke in favor of the orchard and Vesting TentatiVe Tract Map 14883/Zone Change 93-005: Terry Crowther, Laing Homes representative Council/speaker discussion followed regarding spraying the trees to prevent fruition; installation of recreation amenities creating a noise nuisance for units close to the orchard; neighboring developments approval of the proposed plan; and the lower proposed density. It was moved by Thomas, seconded by Worley, to approve the Environmental Determination for the project by adopting the following Resolution No. 94-66: CITY COUNCIL MINUTES Page 4, 6-6-94 RESOLUTION NO. 94-66 - 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, INCLUDING ADDENDUM NO. 4 TO EIR 85-2 FOR ZONE CHANGE 92-2) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP NO. 14883 AND ZONE CHANGE 93-5, AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. Mayor Saltarelli opened the Public Hearing at 7:45-p.m. The following member of the audience spoke in favor of Vesting Tentative Tract Map 14883 and Zone Change 93-005: Merle Ogle, 2326 Dunes, Tustin There were no other speakers on the subject and the Public Hearing was closed at 7:45 p.m. It was moved by Thomas, seconded by Worley, to approve Vesting Tentative Tract Map No. 14883 by adopting the following Resolution No. 94-67: RESOLUTION NO. 94-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 14883 Motion carried 5-0. It was moved by Thomas, seconded by Worley, that Ordinance No. 1127 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1127 by the City Clerk, it was moved by Thomas, seconded by Worley, that the following Ordinance No. 1127 be introduced: ORDINANCE NO. 1127 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 93-5 TO AMEND SECTION 3.6.3.A2.4 OF THE EAST TUSTIN SPECIFIC PLAN TO MODIFY THE BUILDING SETBACKS FOR MULTIPLE FAMILY AND CONDOMINIUM DWELLINGS IN THE EAST TUSTIN SPECIFIC PLAN Motion carried 5-0. CONSENT CALENDAR (ITEMS 2 THROUGH 2 0 ) Items No. 6, 10, and 20 were removed from the Consent Calendar by Mayor Saltarelli. It was moved by Potts, seconded by Thomas, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. · APPROVAL OF MINUTES - MAY 16, 1994 REGULAR MEETING Recommendation: Approve the City Council Minutes of May 16, 1994. CITY COUNCIL MINUTES Page 5, 6-6-94 · · · 11. APPROVAL OF DEMANDS AND RATIFICATION OP PAYROLL Recommendation: Approve Demands in the amount of $2,230,752.90 and ratify Payroll in the amount of $424,334.52. REJECTION OF CL/%IM NO. 94-17 - CLAIMANT, FRED KASRA; DATE OF LOSS, 4/4/94; DATE FILED WITH CITY, 4/13/94 Recommendation: Reject subject claim for property damages in the amount of $184.19 as recommended by the City Attorney. REJECTION OF CLAIM NO. 94-19 - CLAIMANT, JODIE COHEN-POTTER; DATE OF LOSS, 10/21/93; DATE FILED WITH CITY, 4/19/94 Recommendation: Reject subject claim for property and personal injury damages of'an undetermined amount as recommended by the City Attorney. LEVY OF.ANNUAL ASSESSMENTS FOR THE 1994-95 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Recommendation: (a) Adopt the following Resolution No. 94-64 approving the Engineer's Report for fiscal year 1994-95 and (b) Adopt the following Resolution No. 94-65 declaring intent to annex additional territory, levy assessments for fiscal year 1994-95 and set a public hearing for June 20, 1994 as recommended by the Public Works Department/Engineering Division: RESOLUTION NO. 94-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE 1994-95 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. 94-65 - 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 APPOINTMENT OF NEW DIRECTOR FOR TUSTIN PUBLIC INFORMATION, INC. Recommendation: (1) Remove Julie Carter, former Administrative Assistant in Personnel Services, and Judi Rowland, former Recreation Supervisor in Community Services, from Tustin Public Information, Inc. Board of Directors and (2) Appoint Gary Magill, Recreation Supervisor, as a replacement Board member as recommended by the Community Services Department. INVESTMENT REPORT AS OF APRIL 30, 1994 Recommendation: Receive and file subject report as recommended by the Finance Department. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR PARCEL MAP NO. 91-265 Recommendation: Authorize the release of the following bonds for CITY COUNCIL MINUTES Page 6, 6-6-94 19_. 13. 14. 15. 16. 17. the indicated amounts: Faithful Performance Bond 3S74841900, $43,914.00; and Monumentation Bond 3S74842100, $11,500.00 as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 94-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND REPAIR AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR SIDEWALK AND ACCESS RAMPS, SB821 PROJECT, 1993-94 FY Recommendation: Adopt Resolution No. 94-68 accepting the works of improvement and repair and authorizing the recordation of the Notice of Completion for subject project as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 94-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA USED OIL RECYCLING BLOCK GRANT PROGRAM TO DEVELOP ANDMAINTAIN A USED OIL RECYCLING PROGRAM Recommendation:' (1) Adopt Resolution No. 94-63 approving an application for State of California grant funds to establish and maintain a used oil recycling program and (2) Authorize the Mayor and City Clerk to execute an agreement with ORICOM to develop and manage a used oil collection program at a cost not-to-exceed the State approved Block Grant if awarded as recommended by the Public Works Department/Engineering Division. CITY OF TUSTIN MEASURE M GROWTH MANAGEMENT/CONGESTION MANAGEMENT ANNUAL PROGRAM COMPLIANCE Recommendation: To maintain eligibility for the Measure M programs and Proposition 111 Congestion Management Program (CMP), it is recommended that the City Council take the following actions in compliance with Measure M and CMP requirements: (1) Adopt the draft Measure M Growth Management/Congestion Management Seven Year Capital Improvement Program (Fiscal Year 1994-95 through Fiscal Year 2000-2001) and (2) Authorize the Public Works Director/City Engineer to submit the City of Tustin's Measure M eligibility package, including certification of the City's Maintenance of Effort to the Orange County Transportation Authority as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 94-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 94-3 Recommendation: Adopt Resolution No. 94-61 approving Lot Line Adjustment No. 94-3 as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 94-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFTUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 94-4 Recommendation: Adopt Resolution No. 94-69 approving Lot Line Adjustment No. 94-4 as recommended by the Public Works Department/Engineering Division. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 13096 Recommendation: Authorize the release of the following bonds for the indicated amounts: Faithful Performance Bond No. 11132583979, $430,000.00; Labor and Materials Bond No. 11132583979, CITY COUNCIL MINUTES Page 7, 6-6-94 $215,000.00; and Monumentation Bond No. 11132583987, $600.00 as recommended by the PubliC Works Department/ Engineering Division. 18. EXECUTION OF QUITCLAIM DEED OF PUBLIC STORM DRAIN EASEMENT TO THE IRVINE COMPANY THROUGH LOT 10 OF TRACT 12763 Recommendation: Execute subject Quitclaim Deed as recommended by the Public Works Department/Engineering Division. 19. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES FOR CONDUCTING AN INSPECTION OF UNDERGROUND STORM DRAINS Recommendation: Approve the selection of Speedflo to provide professional consulting services for conducting an inspection of the underground storm drain system in the City of Tustin and authorize execution of the Professional Services Agreement by the Mayor and City Clerk as recommended by the Public Works Department/Engineering Division. CONSENT CALENDAR ITEM NO. 6 - REJECTION OF CLAIM NO. 94-20 - CLAIMANT, ALEXIS MARTINEZ; DATE OF LOSS, 1/29/94; DATE FILED WITH CITY, 4/29/94 Mayor Saltarelli questioned if this incident occurred in City limits. James Rourke, City AttorneY, responded that he believed the incident had occurred in City limits. It was moved by Saltarelli, seconded by Thomas, to reject subject claim for personal injury damages in the amount of $1,000,000.00. Motion carried 5-0. CONSENT CALENDAR ITEM NO. 10 - PLANNING COMMISSION ACTION AGENDA -MAY 23, 1994 Mayor Saltarelli stated this item was removed from the Consent Calendar in error. It was moVed by Saltarelli, seconded by Thomas, to ratify the Planning Commission Action Agenda of May 23, 1994. Motion carried 5-0. CONSENT CALENDAR ITEM NO. 20 - FIRE STATION 43 - FACILITY AND FIRE ENGINE LEASE AGREEMENTS Mayor Saltarelli requested clarification that if a new engine pumper was purchased by the City and the agreement was terminated, would the County of Orange be required to return the engine pumper to which the City held title. Rita Westfield, Assistant Director of Community Development, responded that the County was not obligated to return the fire engine pumper purchased by the City, but one similar in age and exactly equipped. CITY COUNCIL MINUTES Page 8, 6-6-94 William Huston, City Manager, clarified that the Orange County Fire Department had a policy of rotating fire equipment to different fire stations and not assigning apparatus t° one station of perpetuity. He explained that if the City became involved in a joint powers authority, City-owned equipment would be bargained, otherwise the agreement would prevail for the life span of the apparatus. It was moved by Saltarelli, seconded by Worley, to authorize the City Manager to execute subject Facility Lease and Fire Engine Lease Agreements between the City and the County of Orange for the use of Fire Station No. 43 and a Type 1 Fire Engine Pumper. Motion carried 5-0. RB~ BUSZ~BS8 (ZTBM8 21 THROUGH 33) 21. CITY TREASURER Mayor Pro Tem Potts stated he had requested staff obtain a report from the City of Orange that had not been included with this item; therefore, he requested this subject be continued. It was moved by Doyle, seconded by Worley, to continue this item to the June 20, 1994 Council meeting. Motion carried 5-0. 22. PROPOSED TERM LIMIT ORDINANCE The following member of the audience spoke in favor of the proposed term limit ordinance: Berklee Maughan, Tustin James Rourke, City Attorney, reported that the future of the proposed ordinance was dependent upon whether State legislature passed Senate Bill 2. Berklee Maughan commented on Senate Bill 2; Council seniority; and percentage of Orange County cities that had enacted term limits. Council/staff/speaker discussion followed regarding procedures for placing the ordinance on the November election ballot. It was moved by Potts, seconded by Doyle, to adopt the following Ordinance No. 1126 and order its placement on the November 1994 ballot: ORDINANCE NO. 1126 - AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA, LIMITING CONSECUTIVE TERMS OF MEMBERS OF THE CITY COUNCIL Councilmember Thomas stated that he was opposed to approval of this ordinance. He believed that philosophically, term limits were positive; noted that some counties had enacted term limits, CITY COUNCIL MINUTES Page 9, 6-6-94 but the State had not, which could create a detriment to the agencies who had term limits in effect; said the State should require every city to be accountable regarding term limits; noted disadvantage to Tustin on County committee/commission representation; believed there was inflammatory language contained in the ordinance; stated voters had the knowledge to elect the right candidates; requested modifying the ordinance language eliminating Sections 1, 2, and 3; and placing the ordinance on the November ballot would be expensive and the cost would be borne by the Tustin voters. Councilmember Doyle stated his support for term limits. He noted an elected official who had been serving for 36 years and said he did not want that to happen in Tustin. He encouraged the Council to vote their conscience. Mayor Pro Tem Potts stated .that the Tust~in voters elected two new Councilmembers to enact reform in the City; Council should not be politicians but citizen representatives; and opposed career politicians. Councilmember Worley stated there was an anti-incumbency trend in politics; supported placement of this ordinance on the November ballot; eight years was sufficient time to serve a city and that if a councilmember wished to run for a third term, they could sit out for two years and then run for office again. She believed the ordinance language was fair and not inflammatory. Mayor Saltarelli stated he agreed that Council had to vote their conscience regarding this ordinance. He said he did not believe term limits would be in the best interest of the City; larger cities would have an advantage over Tustin regarding appointments to County commissions/committees; that larger cities should enact term limits prior to Tustin adopting term limits; he favored limiting terms to a minimum of three consecutive terms rather than two terms which would allow councilmembers to gain more experience and knowledge; two terms was an inadequate time to serve effectively; and this ordinance was in conflict with general law city guidelines. He stated that for the above'reasons he opposed adoption of this ordinance. Mayor Pro Tem Potts noted that the State Supreme Court upheld case law regarding term limits; the League of Cities determined what committees the cities could serve on; the Orange County Transportation Authority had a committee that governed distribution of funding which was comprised of citizens, not politicians; and that approving this ordinance would allow the citizens to determine its fate in the November election. Councilmember Doyle agreed that by approving this ordinance, it allowed Tustin residents to determine whether they wanted to pass term limits for the City. Motion carried 3-2, Saltarelli, Thomas opposed. CITY COUNCIL MINUTES Page 10, 6-6-94 23. 24. 25. MONTHLY T.E.A.M. MEETINGS REQUESTED AT CITY FACILITIES Mayor Saltarelli stated that because T.E.A.M. had been such an effective group in the City, he supported use of City facilities for T.E.A.M. meetings. Councilmember Thomas said he supported T.E.A.M. meetings at City facilities and requested that the City underwrite the liability insurance costs for each meeting. William Huston, City Manager, suggested that if Council approved the use of facilities, Council consider the funding appropriation for that use and insurance costs at the upcoming budget sessions. Councilmember Worley said T.E.A.M. had contributed greatly to crime prevention and stated her support for conducting their meetings at City facilities. Mayor Pro Tem Potts stated that he believed the City was obligated to provide facilities for T.E.A.M. meetings at no cost because of the tremendous contribution they had made to the City and the continued improvements in the southwest area. He supported use of City facilities for T.E.A.M. meetings. Mayor Saltarelli said that although there were limited City facilities for groups to use, the City should put forth an effort to allow non-profit groups such as T.E.A.M. to use City facilities when feasible. REPLACEMENT MEMBERS OF TUSTIN AREA SENIOR CENTER FUND, INC. BOARD OF DIRECTORS It was moved by Potts, seconded by Thomas, to appoint Councilmember Doyle to the Board of Directors of the Tustin Area Senior Center Fund, Inc. Motion carried 5-0. MEMBERSHIP OF THE ECONOMIC DEVELOPMENT COUNCIL It was moved by Thomas, seconded by Worley, to confirm the recommendations of the Economic Development Council concerning new members of the Council. Mayor Pro Tem Potts requested this item be continued for further discussion because Council had not been given the opportunity to provide input regarding the Economic Development Council (EDC) membership. He questioned what goals the EDC had accomplished; opposed Council membership on the EDC; and stated that the EDC should serve at the pleasure of the Council. William Huston, City Manager, summarized the activities of the EDC including: establishment of three sub-committees; studying the City's economic policies; and recommending policies. He said that with Council approval, the EDC was ready to move forward with development of strategies, retention programs, and marketing for CITY COUNCIL MINUTES Page 11, 6-6-94 business attraction. Mayor Saltarelli stated he believed it was important for Councilmembers to be appointed to the Economic Development Council to provide input, expertise, and open communication between the EDC and Council. William Huston, City Manager, explained that with the extensive amount of work to accomplish, the EDC wanted to expand membership in order to become more aggressive in business retention and attraction in the City. He noted the business retention survey mailed to local businesses by the EDC and responses received included suggested improvements and provided a positive direction for the EDC. Councilmember Thomas stated that when appointments to various commissions/committees were made this year, he had been appointed to committees -that did not receive pay, while several other Councilmembers were appointed to commissions/committees receiving compensation. He said that although at times he was out of the state, he made every effort to attend all his committee meetings while other Councilmembers were absent. He noted the time some Councilmembers devoted to committees and to the City for worthwhile causes without any type of monetary rewards. Motion carried 4-1, Potts opposed. 26. ORDINANCE NO. 1123, OPERATION OF PUSHCARTS It was moved by Potts, seconded by Worley, that Ordinance No. 1123 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1123 by the City Clerk, it was moved by Potts, seconded by Thomas, to adopt the following Ordinance No. 1123: ORDINANCE NO. 1123 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REGULATING VENDING ACTIVITIES AND THE OPERATION OF PUSHCARTS AND OTHER PORTABLE VENDING DEVICES IN THE CITY OF TUSTIN Motion carried 5-0 (roll call vote). 27. ORDINANCE NO. 1125, ZONE CHANGE 94-1 (ORANGE COUNTY TEACHERS FEDERAL CREDIT UNION) It was moved by Potts, seconded by Worley, that Ordinance No. 1125 have second reading by title only and adoption. The City Clerk read the following Ordinance No. 1125 by title only: ORDINANCE NO. 1125 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 94-1 TO AMEND THE PACIFIC CENTER EAST SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION FOR PLANNING AREA 14 FROM~ "TECHNOLOGY CENTER" TO CITY COUNCIL MINUTES Page 12, 6-6-94 9_8. "REGIONAL CENTER" INCLUDING VARIOUS MAP AND TEXT AMENDMENTS TO ACCOMMODATE THE LAND USE DESIGNATION CHANGE Motion carried 5-0 (roll call vote). ROLLER HOCKEY UPDATE William Huston, City Manager, reported that in November 1993, Tustin In-Line Skate gave a presentation to the Tustin Area Youth Issues Committee regarding converting tennis courts at Currie School into a roller hockey facility. Opposition to the plan came from residents who did not want the City to lose tennis courts and In-Line Skate was referred to the Tustin Unified School District for future discussions regarding Currie School. Tustin In-Line Skate offered to pay 100 percent for the site improvements; however, the School District and Board rejected the plan. He stated that in April 1994, Tustin In-Line Skate met with staff to discuss assistance from the City in their development of a skate and hockey site using City facilities. Staff had explored different facilities and/or outdoor locations without success. He said staff devised options that could be considered including construction of an outdoor rink facility by a private concessionaire or vendor at City facilities. The following member of the audience spoke regarding finding a suitable location (the California Connection vacant building on Edinger and Del Amo); zoning designation; In-Line Skate's funding of needed renovations; required conditional use permit; lease negotiations with the building landlord; the building size and minimal structural modifications; and roller hockey's future as an interscholastic sport. Rennie Clark, Tustin In-Line Skate and Hockey Mayor Saltarelli stated he supported privatization of this project. William Huston, City Manager, stated that Catellus Development was the owner of the building and had been actively inVolved in the PacifiCenter East Specific Plan (PCESP) which included the building on Edinger and Del Amo. He said that a use had previously been determined by Catellus for the building, an auto parts dealer/retail operation. Staff suggested In-Line Skate pursue another location because the City would be forced to choose between a recreational use and a $20 million retail operation. council/staff/speaker discussion followed regarding Catellus Development lease preference; and PacifiCenter East Specific Plan requirements. Rick Zimmer, Redevelopment Program Manager, reported Catellus Development was conducting a land analysis for future development in the PCESP area; noted the future extension of Newport Avenue and freeway on-ramp construction; and the tax increment~from land value to be used for payment of the construction. He stated that when he spoke with Catellus Development, they indicated preference CITY COUNCIL MINUTES Page 13, 6-6-94 for the auto parts dealer/retailer as opposed to In-Line Skate at the location. Council/staff discussion followed regarding auto parts dealer/retailer progress in occupying the building; portions of the PCESP would not be developed for 7-10 years; use a portion of PCESP land for an indoor/outdoor roller hockey facility during the interim of development; and utilizing the Case Swayne building. Councilmember Worley stated the Edinger/Del Amo location was centrally located; was large enough to have two· rinks; and noted various problems with staff options for using City facility sites. Council/staff/speaker discussion followed regarding Catellus Development making the ultimate decision regarding the lease holder; City was the entitling agency; Catellus' offer of a two- year lease to In-Line Skate; security advantages of an indoor rink; and Irvine Soccer Academy facility. William Huston, city Manager, clarified that Catellus Development supported the PCESP amendment to permit retail use for the Edinger/Del Amo location and that the two-year lease offered to In-Line Skate would fit into the PCESP because of predicted future retail moving into the area due to economic market changes. He said that until there was redevelopment and tax increment generated through private developments, the City would not have a revenue stream to issue bonds for the Newport Avenue extension project. He nOted the recent addition of Micro Center in the PCESP area which was an example of the Specific Plan's goal of providing retail uses in the area. He said that Catellus was willing to provide a short term lease to In-Line Skate but that the auto dealer/retail use conformed with the overall long range plan for the area. Council/staff/speaker discussion followed regarding investigating additional City locations; possible tax increment loss due to In- Line Skate lease; timeline for the auto parts dealer/retailer move into the City; and the entitlement process. William Huston, City Manager, suggested Council request that Catellus investigate alternatives to make the proposals from In- Line Skate and the auto parts dealer/retailer feasible. Mayor Saltarelli requested staff and In-Line Skate confer with Catellus Development to obtain a suitable site for roller hockey. William Huston, City Manager, stated staff would provide an update report at a future Council meeting. RECESS Mayor Saltarelli recessed the meeting at 9:15 p.m. and reconvened at 9:30 p.m. 29. APPLICANTS FOR PLANNING AND PARKS AND RECREATION COMMISSIONS Mayor Pro Tem Potts expressed opposition to conducting interviews; suggested reviewing applications; and personally contacting CITY COUNCIL MINUTES Page 14, 6-6-94 unknown applicants. Councilmember Thomas stated he favored conducting interviews because it provided an opportunity for Council to meet and question the applicants. He wanted the appointment of commissions/committees to remain an open process to the public. Mayor Saltarelli stated that conducting interviews was an appropriate process and the fairest system for the applicants. Council/staff ~ discussion followed regarding selection of an interview date would be determined; providing a 24-hour public notice to conduct a special meeting; and Council could select applicants at the special meeting or continue action to a future regular Council meeting. VEHICLE PARKING AT CAMINO REAL AND LAUREL GLEN PARKS IN THE EAST TUSTIN AREA Councilmember Worley stated that after reviewing the alternatives for parking at Camino Real and Laurel Glen Parks, she favored on- street parking for both parks because it was the least expensive alternative, modifications could be completed quickly, and the increased parking would create more park usage. She noted the safety issues were not unique to these parks and continued to be a concern at all parks. She said the other alternatives were too expensive and would require using park space to accommodate the parking. Mayor Pro Tem Potts requested this issue be referred to the Parks and Recreation Commission for recommendation. Mayor Saltarelli stated that he preferred the on-site parking lot at Camino Real Park because it provided increased safety and would prevent the on-street parked vehicle sight distance impediment. He stated that allowing on-street parking could create a future problem with the expected growth in the East Tustin area, and the surrounding neighborhoods had voiced opposition to on-street parking at past Planning Commission/Council meetings. He said that because Laurel Glen Park was small, no parking modifications should be made. Councilmember Thomas questioned if the parking improvements could be included in the 1994/95 Capital Improvement budget. William Huston, City Manager, responded that the draft budget was in 'the final stages and at COuncil direction, the parking improvements could be included in the budget. Councilmember Thomas stated he supported the on-site parking lot at Camino Real Park because it would provide increased safety for bicyclists; and stated his concern regarding the on-street parking alternative because of residents' objections in the past to on- street parking at the parks. CITY COUNCIL MINUTES Page 15, 6-6-94 31. 32. 33. Council discussion followed regarding review by the Parks and Recreation Commission. It was moved by Doyle, seconded by Worle¥, to study on-site parking lot for Camino Real Park at budget sessions. Motion carried 5-0. THOMPSON OWNER PARTICIPATION AGREEMENT It was moved by Thomas, seconded by Worle¥, to adopt the following Resolution No. 94-70 certifying a Negative Declaration dealing with the adoption of the Owner Participation Agreement: RESOLUTION NO. 94-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR THE ADOPTION OF ANOWNER PARTICIPATION AGREEMENT FOR THE IMPROVEMENT OF THE PROPERTY AT 100 WEST MAIN STREET INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Thomas, seconded by. Worley, to adopt an Owner Participation Agreement providing $27,120.00 in financial assistance for the rehabilitation of the facade of the building at 100 West Main Street. Motion carried 5-0. INFORMATION REGARDING GREAT WESTERNRECLAMATION SECURITY DEPOSITS Councilmember Doyle stated he had been contacted by a local business owner who questioned why Great Western Reclamation was retaining security deposits for the duration of operation in Tustin. He noted the staff report indicated a deposit was refundable after one year of service at the request of the customer. He suggested Great Western Reclamation inform commercial customers that a formal request must be made in order to receive the security deposit. Bob Coyle, Great Western Reclamation representative, responded that a notice of security deposit policy would be included in customer billing; and encouraged qualified businesses to contact Great Western Reclamation and request commercial account security deposit refunds. SMOKING ORDINANCE Councilmember Worley stated that at the request of a constituent, she asked staff to review the City's smoking ordinance. She said the current smoking ordinance was adopted in 1985, contained weak language, and needed updating. She noted the Environmental Protection Agency's recent findings of second-hand smoke as a health risk; and summarized smoking ordinances from the Cities of Anaheim, Dana Point, and Irvine. She said that public buildings CITY COUNCIL MINUTES Page 16, 6-6-94 such as retail and grocery stores should have smoking restrictions; however, she did not want the current ordinance restrictions on restaurants to be modified. Council discussion followed regarding allowing restaurants the option to provide smoking sections. CouncilmemberThomas stated studies indicated that business tends to decrease approximately 30 percent with a complete smoking ban and that it would be a financial detriment to restaurants and bars to enforce a no smoking policy. However, he did favor public work places having a smoking ordinance in effect. The following members of the audience spoke in opposition to increasing anti-smoking legislation: Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin Mike Doyle, Revere House restaurant owner The following member of the audience spoke in favor of increasing anti-smoking legislation: Theresa Mangan, Orange County Tobacco Use Prevention Coalition representative (submitted Resource Guide for Orange County Tobacco Regulations and Policies to Council) Council/speaker discussion followed regarding each county/city enacting specific smoking restrictions; state level preemption clauses; potential liability to businesses allowing smoking; percentage of adult non smokers in the country; exempting restaurants from prohibiting smoking; and the vague language in the city's current ordinance. Councilmember Thomas requested staff modify the language in the current ordinance and present a report at a future Council meeting. William Huston, City Manager, stated staff would submit a draft ordinance at a future Council meeting that contained increased prohibitions for public buildings and retail stores. Mayor Pro Tem Potts requested staff incorporate the City of Santa Ana's ordinance in the proposed ordinance, and supported prohibiting smoking in public buildings and retail stores. PUBLIC INPUT PLANNING COMMISSIONER APPOINTMENT - LEAGUE OF CITIES POLICY COMMITTEE William Stracker, Planning Commissioner, reported on his appointment to the League of Cities Policy Advisory Committee for Transportation and Public Works. CITY COUNCIL MINUTES Page 17, 6-6-94 OPPOSED REMOVAL OF FICUS TREES ON YORBA Ed Penn, 14381 Rosewood Circle, Tustin, spoke in opposition to the removal of ficus trees on Yorba Street. Mayor Potts suggested phasing the removal of ficus trees on Yorba Street, and requested staff meet with the residents to ascertain which trees they wanted phased out. Council/staff/speaker discussion followed regarding replacement trees; removal of existing trees would occur over an extended period; and addressing tree removal/replacement on an individual basis. O~R BUSINESS INCREASE CHILI COOK-OFF ADVERTISING Councilmember Doyle requested increased advertising for future Chili Cook-Off events. STATUS - POLICE.DISPATCH CENTER ANDSENIOR CENTER BILLIARD TABLES Councilmember Doyle requested the status ofthe Police Department Dispatch Center and the Senior Center billiard tables. Douglas Franks, chief of Police and William Huston, City Manager, responded that both projects were on schedule. GIFT BAN ORDINANCE Councilmember Doyle noted the gift ban ordinance would be agendized at the July 5, 1994 Council meeting. LIBRARY STUDY REPORT Mayor Pro Tem Potts questioned the status of the library study report. William Huston, City Manager, responded that a status report would be submitted at the June 20, 1994 Council meeting. CREDIT CARD USAGE UPDATE Mayor Pro Tem Potts requested a report in one month regarding credit card users and their expenditures. COMPETITIVE BID PROCESS - SOLID WASTE COLLECTION Mayor Pro Tem Potts requested agendizing an ordinance requiring competitive bids for solid waste collection contract and its placement on the ballot. AUDITOR CONTRACTS Mayor Pro Tem Potts requested agendizing in one month an ordinance CITY COUNCIL MINUTES Page 18, 6-6-94 limiting auditor contracts to five years. CITY COMMITTEES Mayor Pro Tem Potts requested in two months a list of all committees that report to the Council. AGENDA MATERIAL Councilmember Worley requested a reduction in the amount of material included in the agenda packets. William Huston, City Manager, stated staff would investigate streamlining the material; however, there were legal requirements that all documents be available for public review. Mayor Saltarelli encouraged Councilmembers to read the entire agenda material~ requested-all material be included in his agenda packet, and did not want staff to determine what should be included. Councilmember Thomas requested all material be included in his agenda packet. JD/~E 20, 1994 COUNCIL MEETING Councilmember Worley reported she would be absent from the June 20, 1994 Council meeting. TOWN HALL MEETING Councilmember Thomas requested status on a Town Hall meeting date. William Huston, City Manager, stated staff was working on a date. PRIVATIZATION OF NON-ESSENTIAL CITY SERVICES AND STAFF REDUCTIONS Councilmember Thomas requested Council discuss at a future meeting privatization of non-essential City services and downsizing staff. LIBRARY SERVICES BILL Councilmember Thomas requested Council review Senate Bill 1448, Library Services Bill, that establishes assessment districts for library funding. CITY FOCUS HIGHLIGHTS Councilmember Thomas highlighted subjects from his recent "City Focus" cable television show. EXPECTANT PARENTS Councilmember Thomas reported he and his wife were expecting a baby. CITY COUNCIL MINUTES Page 19, 6-6-94 CHILI COOK-OFF Mayor Saltarelli requested letters of commendation be sent to staff and the Chili Cook-Off Committee for organizing and producing a successful event. MAJOR AGENDA ITEMS/VACATION SCHEDULES/BUDGET Mayor Saltarelli requested that Councilmembers inform him of upcoming major agenda items and vacation schedules so he may coordinate efforts with staff; and expressed concern regarding completion of the budget process due to increased agenda items. William Huston, City Manager, noted the draft budget would be available within the next week and Council should set budget workshop dates at the June 20, 1994 Council meeting. COUNCIL/RESIDENT INVOLVEMENT IN ISSUES Mayor Saltarelli stated his appreciation for healthy Council debate and encouraged residents to become actively involved in the issues. CLOSED SESSION Mayor Saltarelli announced that the City Council would recess to Closed Session to consider personnel matters pursuant to Government Code Section 54957. ADJOURNKENT Mayor Saltarelli adjourned the meeting at 10:50 p.m. The next regular meeting of the City Council was scheduled for Monday, June 20, 1994, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. FOLLOWING CLOSED SESSION At 11:30 p.m., the City Council came out of Closed Session, reconvened in open session and adjourned. THOMAS R. SALTARELLI, MAYOR MARY E. WYNN, CITY CLERK