Loading...
HomeMy WebLinkAbout02 MINUTES 06-06-94 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MAY 16, 1994 NO. 2 6-6-94 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Saltarelli at 7:00 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Worley. INVOCATION The Invocation was given by Dr. Marj Britt, Unity Church of Tustin. ROLL CALL Council Present: cOuncil Absent:' City Clerk: Others Present: Thomas R. Saltarelli, Mayor Jim Potts, Mayor Pro Tem Mike Doyle JefferyM. Thomas Tracy A. Worley None Mary E. Wynn William A..Huston, City Manager James G. Rourke, City Attorney Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director~ Susan Jones, Recreation Superintendent ValerieWhiteman, Chief Deputy City Clerk Dana Kasdan, Engineering Services Manager Gary Veeh, Water Operations Manager Rita Westfield, Asst. Dir./Comm. Development Rick Brown, Building Official Rick Zimmer, Redevelopment Program Manager Bettie Correa, Senior Personnel Analyst Dan Fox, Senior Planner Dana Ogdon, Senior Planner Gary Magill, Recreation Supervisor Doug Anderson, Transportation Engineer Approximately 25 in the audience PROCL~flqTIONS GARY MAGILL~%ND PETE SCHAEFER, YOUTH TRACK MEET Mayor Saltarelli read and presented proclamations to Gary Magill and Pete Schaefer for their dedication and contributions to a successful Youth Track Meet event. Pete Schaefer, Tustin Unified School District, thanked the Council and staff for participating and supporting the event. Gary Magill thanked the volunteers for their assistance. PUBLIC INPUT - None CITY COUNCIL MINUTES Page 2, 5-16-94 PUBLIC HEARINGS (ITEMS I THROUGH 1. VESTING TENTATIVE TRACT MAP 14447 (IRVINE APARTMENT COMMUNITIES) Dan Fox, Senior Planner, reported that the applicant was proposing'to construct 436 condominium units to be leased as apartments on Robinson Drive. He summarized the number of dwelling units per acre; private streets; emergency access; parking; and that the project design was in conformance with East Tustin Specific Plan (ETSP) condominium standards except parking, which conformed to ETSP apartment standards. He said conditions had been included that should the applicant convert the project to condominiums in the future, additional carports would be required. He noted that the East Tustin Development Agreement allowed the developer to construct apartments totalling 25%; however, the proposed project would total 20.2%. Mayor Pro Tem Potts stated his opposition tot he density, three-story construction, parking, and carports. He clarified that voting against the project would only result in the developer building the project as apartments rather than condominiums; stated he did not want to exceed the .25%, noting that Tustin had more apartments than any city in Orange County; was adamantly opposed to additional apartments; and wanted to limit high density and the inherent problems it created. Councilmember Worley expressed concern with the number of apartments in the City and voiced opposition to the project based on the height limits and density. She noted that the project was consistent'with the Development Agreement but requested that the number of future apartments be limited. '~ Councilmember Doyle stated his opposition to the density and the number of apartments in Tustin. He pledged his support to maintain -apartment numbers below 25%. Council/staff discussion followed regarding the specific number of carports and garages; and enforcement of utilizing garages for parking instead of storage. Mayor Saltarelli stated The Irvine Company had other parcels that were downsized from higher densities; noted the Council had not reviewed densities in other East Tustin sectors; and. the City was within acceptable densities. He stated it was not the desire of Council to eliminate new apartments but to achieve the right combination of apartments. He said the City should be more aggressive in redevelopment to determine if older apartments, could be subjects for future redevelopment in order to eliminate blight. Mayor Pro Tem Potts cautioned that with the upcoming base closure, apartment vacancies would increase and he was concerned with the City as a whole, not exclusively East Tustin. Mayor Saltarelli opened the Public Hearing at 7:25 p.m. The following member of the audience spoke in favor of Vesting Tentative Tract Map 14447: CItY COUNCIL MINUTES Page 3, 5-16-94 Richard Lomprecht, Irvine Apartment Communities, Inc. Council/speaker discussion followed regarding market demand studies; builder's preference for apartments versus single family homes or condominiums; timeline for complete rental of the units; condominium conversion plan; targeted market; and stock option percentages. There were no other speakers on the subject and the Public Hearing was closed at 7:30 p.m. Councilmember Thomas was concerned with the proliferation of apartments in the City and the problems the City faced as a result; noted the disproportionate amount of residents in the southwest section and his desire to redistribute that density; Tustin's transient population and the necessity to create more permanency in the City; and he reiterated conducting Council goal setting workshops in order to establish long-term visions for the City, such as housing. Council discussion ~ollowed regarding an upcoming amendment to the East Tustin Specific Plan. William Huston, City Manager, referencing the southwest area in relation to Tustin Ranch, suggested it would be beneficial to the new Councilmembers to conduct a workshop with staff in 30 days regarding the previously adopted Housing Strategy Plan and its overall impact upon the community. He stated it was a $20 million program concentrated in the southwest area and would begin to change the rati° of apartments to homes. Mayor Saltarelli requested that Redevelopment State law requirements related to elimination/replacement of apartments be included in the workshop. · Councilmember Thomas requested that issues regarding the General-Plan for East Tustin also be included. It was moved by Worley, seconded by Thomas, to approve the Environmental Determination for the project by adopting the following Resolution No. 94-56: RESOLU~IO~ MO. 94-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP NO. 14447 AND ALL FEASIBLE MITIGATIONMEASURESHAVEBEEN INCORPORATED ASREQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Worley, seconded by Thomas, to approve Vesting Tentative Tract Map No. 14447 by adopting the following Resolution No. 94-57: RESOLUTIO~ NO. 94-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 14447 CITY COUNCIL MINUTES Page 4, 5-16-94 Motion carried 5-0. 25. TERM LIMITS (Agenda Order) Mayor Pro Tem Potts requested this item be taken out of agenda order to accommodate a speaker. The following members of the audience spoke in favor of term limits: Mark Petracca (reported on his research of term limits in Orange County and distributed that material to Council) Berklee Maughan (reported on his submittal of Ordinance Option B) Mayor Pro Tem Potts stated his support for Option B and its placement on the November ballot. He summarized the ordinance stating it allowed Councilmembers to serve two four-year terms and required "sitting out" for two years before running for office again; and he requested that retroactivity be included for those currently on the Council. He noted that retroactivity was legal because it would not prevent a Councilme~ber from running again or the voters deciding if another term should be served. Council/speaker (Maughan) discussion followed regarding the legality of including retroactivity in the ordinance. William Huston, City Manager, noted· there were procedural steps required by law to place an ordinance on an election ballot. He said that upon Council approval, the City Attorney would present at a future Council meeting the proposed ordinance in final form and the procedures required for placement on the ballot. coUncilmember Thomas stated he preferred the City Attorney's ordinance -because it was brief and to the point; Option B.contained inflammatory language; and supported term limitations. Council/staff discussion followed regarding the definition of partial terms and their affect on the "consecutive term" clause. William Huston, City Manager, clarified that Council requested language stipulating that "partial terms" would not be incorporated in the definition of "two terms." Mayor Saltarelli requested that the ordinance title indicate the ordinance was advisory and not legallY effective. Council/speaker discussion followed regarding the necessity of including advisory language versus elimination of advisory language if the ordinance was non-binding until State legislation authorized General Law cities to enact term limits. William Huston, City Manager, stated it was impossible to predict what the State legislature would enact which would determine whether the ordinance would be placed on the ballot. Mayor ..Saltarelli reiterated his belief that the ordinance should contain advisory language but would defer to the City Attorney's CITY coUNCIL MINUTES Page 5, 5-16-94 judgement on the matter. Councilmember Thomas stated that Senate Bill 2 may pass in a different version than was originally presented. He favored delaying placement of the ordinance on the ballot uhtil the legislature had made their final decision and possibly save the City from expending funds. Mayor Pro Tem Potts stated case law did not restrict Council from adopting an ordinance it merely restricted Council from prohibiting an incumbent from seeking office for more than two full terms, therefore giving the voters the final decision. He supported adopting the ordinance with the non-binding clause and requested Council vote on the subject. William Huston stated staff would agendize information on the legislative schedule for Senate Bill 2, and a comparison schedule for placing the ordinance on the ballot. Mayor-Saltarel~i stated his support for term limits but voiced his concern that with a large number of cities without term limits, Tustin would be hindered by being one of the first to enact terms limits. Mayor Pro Tem Potts rebutted that four out-of five of the largest cities in Orange County had term-limits; believed that sizes of cities determined power brokers; and seniority on a County committee would'not significantly benefit Tustin. Councilmember Thomas recommended that this subject be continued for two weeks to allow the city Attorney to submit language for Council review. He stated he had not had sufficient time to review Option B and was hesitant to vote on an ordinance he had just received. Mayor Saltarelli stated that what the Council was doing was philosophically and politically correct, but was striking a blow against the constituents of the City when it came to power brokers within the County of Orange. It was moved by Potts, seconded byThomas, to direct the City Attorney to submit at the June 6, 1994 meeting, a term limit ordinance addressing retroactivity; term definitions; service of two four-year terms; non-service for two years; and the non-binding enactment language stated in Option B. Motion carried 5-0. CODE /~NDMENT 94-Z, REGULATION OF OUTDOOR VENDING ACTIVITIES, PUSHCARTS AND OTHER PORTABLE VENDING DEVICES Paula Rankin, Associate Planner, reported that as a result of adjacent cities restricting pushcart use, the number of pushcarts in the City had increased and an urgency ordinance was subsequently adopted to provide interim regulations for pushcarts and outdoor vending. The proposed ordinance would restrict pushcarts to large shopping centers and special events such as parades or street fairs. She noted that the Planning Commission had requested inclusion in the approval process for pushcart Design Review applications and the proposed CITY COUNCIL MINUTES Page 6, 5-16-94 ordinance reflected their request. However, staff believed that pushcart Design Review approval by the Director of Community Development would be consistent with recent Council policy related to the Zoning Administrator. Mayor Saltarelli opened the Public Hearing at 8:25 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Thomas, seconded by Worley, to approve the Environmental Determination for the project by adopting the following Resolution No. 94-58: R~SOL~ION NO. 94-$8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 94-2 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Th6mas, seconded by Potts, to have first reading by_ title only and introduction of the following Ordinance No. 1123 approving Code Amendment 94-2: ORDIN~CE NO. 11Z3 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REGULATING OUTDOOR VENDING ACTIVITIES AND T~E OPERATION OF PUSHCART~AND OTHER PORTABLE VENDING DEVICES IN THE CITY OF TUSTIN ..' Mayor Pro Tem Potts clarified that the ordinance would reflect the Planning Commission's request to approve pushcart Design ReView applications. Motion carried 5-0. The 'City Clerk read Ordinance No. 1123 by title only. PROPOSED USE OF COMITY DEVELOPMENT BLOCK GI~/~T (CDBG) FUNDS FOR FISCAL YEAR 1994-95 Paula Rankin, Associate Planner, reported that the .City's 1994 Community Development Block Grant Fund allocation was $494,000.00 and Federal law.allowed a maximum of 15% of those funds, or approximately $74,000.00, to be used for public service programs. She stated applications were mailed to various non-profit organizations and funding requests totalling over $700,000.00 had been received. She summarized the three national objectives that eligible activities for CDBG funds must meet: (1) benefit low and moderate income persons, (2) address slum or blight, and (3) meet a particularly urgent community development need. Federal law also required that Citizen Participation Committee meetings be held to review the funding applications and submit recommendations. Mayor Pro Tem Potts stated he preferred that the Boys and Girls Club receive more than $10,000.00 and if the funding could not be provided through CDBG funds, the Council should re-establish the contingency fund or use Redevelopment monies. He stated that organizations such CITY cOUNCIL MINUTES Page 7, 5-16-94 as the Assistance League, Sheepfold Foundation, and the Boys and Girls Club provided services to City residents and requested that funding allocations be made to these organizations. He questioned the reason for the short application time frame. william Huston, City Manager, explained the City must complete the Housi~gand Urban Development (HUD) application process prior to June 1, 1994 and that the compressed time frame was because 1994 was Tustin's first year as an entitlement city and therefore application for f~nding must be made directly to HUD. He suggested that if Council wanted to fund additional groups or increase the amount reco~ended on the HUD list, those decisions be considered as part of the budget workshops. He stated adoption of the HUD list did not preclude Council from allocating additional funding and it was within the Council's prerogative to use General Fund, Redevelopment, or Community Foundation money. Councilmember Thomas stated one of Council's frustrations had been the inability to 'allocate. money and that Council make a concentrated effort to support the Community Foundation. He requested' consideration of transferring funding from the Mitchell Avenue widening project to the Commercial Rehabilitation Program and Code Enforcement. Council/staff discussion followed regarding availability of second- year funding for a 30-hour code enforcement position; funding for the Mitchell Avenue widening design to' coincide with the "C" Street improvements; completion of retrofitting for unreinforced masonry buildings; criteria and formula used to ~allocate amounts to the various organizations; and support for regional versus local organizations. ~Councilmember Worley questioned if the 30-hour code enforcement position could be expanded to a full-time position-to facilitate action in the southwest area. William Huston, City Manager, suggested if there were items on the list the Council would like to enhance or add to, allocation of money from the General Fund and/or Redevelopment Agency would be appropriate and he recommended that the differential cost for a full-time position be taken from Redevelopment Agency funds. Christine Shingleton, Assistant City Manager, noted that the Fair Housing Council and Homeless Issues Task Force were regional projects, but provided benefits to the City and its residents through counseling and referral services. William Huston, City Manager, added that these were the types of programs that HUD would scrutinize and even though the City had flexibility in allocation of money, future funding was dependent on compliance with HUD guidelines. Mayor Saltarelli stated the Frontier Park restroom could be built for less than $110,000.00 and questioned the disposition of remaining funds. CITY COUNCIL MINUTES Page 8, 5-16-94 Christine Shingleton, Assistant City Manager, responded that the City would have the ability to request an amendment to the CDBG fund application and re-allocate funds to an existing or new project. Mayor Pro Tem Potts expressed concern that the issue had to be decided at this meeting and hoped staff refrained from imposing this type of time constraint in the future. He also agreed that the restroom could be constructed for less than $110,000.00 and the savings or Redevelopment funds could be distributed to local organizations such as Feedback Foundation, Boys and Girls Club, and the Tustin Unified School District TAFFY program. William Huston, City Manager, noted that staff shared in the frustration of the time constraints; however, this was the City's first year as a direct entitlement city and HUD had extensive requirements to be completed within a compressed time frame. ~e said that the time frame did not preclude Council from making additional or new allocations as they desired. He suggested that Council approve the list of recommendations from the citizen committee, and as ~artof the budget process, address needs not included in the recommended_ list. Council/staff discussion followed regarding the possible allocation of Redevelopment funds to assist local organizations such as TAFFY, the Boys and Girl Club, and the Assistance League. Mayor Pro Tem Potts stated his concern with the lack of time to discuss or review the allocations and he believed there were other avenues of funding such ~s Redevelopment.. He requested that an additional $4,000.00 from the Frontier Park restroom project be allocated to the Boys and Girls ClUb; and requested staff submit a report outlining additional funding sources. Councilmember Thomas requested that in the future the c~ty CounCil be involved in the allocation process and sit on the citizen committee. He would have preferred an opportunity to speak directly with the organizations about their programs and expressed hope that the needs of the various programs excluded in the HUD list could be addressed in partnership with the Community Foundation. Mayor Pro Tem Potts stated the City had solid revenue sources; noted the possibility of giving the contingency fund to the Foundation; and reiterated his support to provide funding for TAFFY and the Boys and Girls Club. Mayor Saltarelli opened the public hearing at 9:00 p.m. The following member, of the audience requested funding for the Tustin Area Historical Society: David M. Nisson, Tustin Area Historical Society Council/staff discussion followed regarding the criteria for the Historical Society to qualify for CDBG funds; other sources for providing financial support; and the Historical Society's rental agreement. CItY COUNCIL MINUTES Page 9, 5-16-94 The following member of the audience reported on the activities and benefit provided to the community by the Feedback Foundation program: Muriel Nelson, Feedback Foundation The following member of the audience requested funding for Olive Crest Homes: Beverly Nestande, Olive Crest Homes The following member of the audience addressed the Council regarding the Historical Society's rental agreement: David M. Nisson, Tustin Area Historical Society There were no other speakers on the subject and the Public Hearing was closed at 9:20 p.m. Mayor Pro Tem Potts noted the speakers were the reason why contingency fund and/or General-Fund budget workshops were needed; suggested the- funds be given to the Community Foundation; and requested $4,000.00 be transferred from the Frontier Park restroom project to the Boys and Girls Club. Councilmember Thomas agreed that every organization not funded could potentially receive funding from the 'Community Foundation or other budgetary considerations, and.reiterated his desire to be 'actively involved in the CDBG funding process. . It was moved by Thomas, seconded by Potts, to adopt the following Resolution No. 94-54 approving the aPplication for the proposed use of Community Development Block Grant funds for fiscal year 1994-95 as -amended to include $4,000 additional funding .for_the Boys and Girls Club from the Frontier Park restroom construction project: RESOLUTION NO. 94-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE CITY'S 1994-95 APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING SUBMISSION OF SUCH APPLICATION TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT William Huston, City Manager, clarified that staff would address additional funding resources from the Redevelopment Agency and General Fund during the budget workshops. Motion carried 5-0. RECESS - At 9:23 p.m., the meeting was recessed and reconvened at 9:32 p.m. ZONE CHANGE 94-1, ORANGE COUNTY TEACHERS FEDERAL CREDIT UNION Dan Fox, Senior Planner, reported the applicant, Orange County Teachers Federal Credit Union, was proposing to amend the Pacific Center East Specific Plan. The subject property was located at the northeast corner of Del Amo Avenue and Valencia and the proposed CITY COUNCIL MINUTES Page 10, 5-16-94 amendments included changing the land use designation from Technology Center to Regional Center, which would allow for a variety of commercial and office uses. He noted two minor corrections to the proposed Ordinance. Mayor Saltarelli opened the Public Hearing at 9:35 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Doyle, seconded by Thomas, to approve the Environmental Determination for the project by adopting the following Resolution No. 94-55: R~SOLUTION NO. 94-55 - A RESOLUTION OF THE CITY COUNCIL OFT HE CITY OF · USTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPAC~ REPORT (EIR) FOR THE PACIFIC CENTER EAST SPECIFIC PLAN (FINAL EIR 90-1) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR ZONE CHANGE 94-1 AND ALL FEASIBLE MITiGATION MEASURES HAVEBEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0.- It was moved by Doyle, seconded by Thomas, to have first reading by title only of Ordinance No. 1125. Motion carried 5-0. Following first reading by title only of Ordinance No. 1125 by the City Clerk, it was moved by Potts, seconded by Thomas, to introduce the following Ordinance No. 1125 as amended approving Zone Change 94-1: 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 _"REGIONAL CENTER"', INCLUDING VARIOUS MAP AND TEXT AMENDMENTS TO ACCOMMODATE T~E LAND USE DESIGNATION CHANGE Motion carried 5-0. Councilmember Thomas commended staff and the Planning Commission for a forward-thinking project and welcomed the Credit Union to the City. CONSENT CALENDAR (ITEMS 5 THROUGH 11.9 ) Items No. 7, 13, and 17 were removed from the Consent Calendar by Mayor Pro Tem Potts. It was moved by Thomas, seconded by Worley, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 5. APPROVAL OF MINUTES - MAY 2, 1994 REGULAR MEETING Recommendation: Approve the City Council Minutes of May 2, 1994. 6. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,645,318.17 and ratify Payroll in the amount of $305,156.27. CITY cOUNCIL MINUTES Page 11, 5-16-94 SALE OF SURPLUS EQUIPMENT Recommendation: Receive and file notice of sale of surplus equipment as recommended by the Public Works Department/Field Services. RELEASE OF BOND FOR PARCEL MAP 88-315 Recommendation: Authorize the release of the following bond for the indicated amount: Monumentation Bond No. 52413002, $525.00 as recommended by the Public Works Department/Engineering Division. 10. RELEASE OF BOND FOR PARCEL MAP 88-316 Recommendation: Authorize the release of the following bond for the indicated amount: Monumentation Bond No. 52413001, $525.00 as recommended by the Public Works Department/Engineering Division. 11. INVESTMENT REPORT AS OF MARCH 31, 1994 Recommendation: Receive and file subject report as recommended by the Finance Department. 12. LAMBERT SCHOOL LEASE RENEWAL Recommendation: Extend the lease with the Tustin Unified School_ District for use of Lambert School for a period of three months commencing April 1, 1994 and ending June 30, 1994, and authorize the Mayor to execute same as recommended by 'the Community Services Department. ~. ~. EXTENSION OF PLAN CHECKING CONSULTANT CONTRACTS Recommendation: Authorize the.City Manager to execute an extension of the existing plan checking consultant contracts with B.S.I. Consultants, Inc.; Hunsaker & Associates, Inc.; and Melad & Associates for an additional one-year period from July 1, 1994 through June 30, 1995 as recommended by the Community Development Department. _ 15. ANARD OF CONTRACT FOR JAMBOREE ROAD WIDENING BETHEEN I-5 FREEWAY'AND EL CAMINO REAL Recommendation: Award the contract for subject project to Gillespie Construction, Costa Mesa, in the amount of $132,795.30 as recommended by the Public Works Department/Engineering Division. 16. RESOLUTION NO. 94-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR PUBLIC FACILITIES AND IMPROVEMENTS FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR 1993-94 FY Recommendation: Adopt Resolution No. 94-60 approving plans and specifications for subject project and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. 18. PL]%NNING COMMISSION ACTION AGENDA - MAY 9, 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 May 9, 1994. 19. PROFESSIONAL SERVICES - RAWLINGS RESERVOIR REPAIR Recommendation: Approve Addendum No. 3 to the Professional Services CITY COUNCIL MINUTES Page 12, 5-16-94 Agreement with the firm of Robert Bein, William Frost and Associates, dated March 21, 1991, for design and construction inspection services for repair of the retaining wall at Rawlings Reservoir as recommended by the Public Works Department/Engineering Division. CONSENT CALENDAR ITEM NO. 7 - AWARD OF GRAFFITI REWARD Mayor Pro Tem Potts reported the eyewitness, Armando Rodriguez, did not wish to remain anonymous, and had reported his family had been threatened by one of the juveniles involvedin the graffiti vandalism. Mayor Pro Tem Potts stated that because of the threats, he would make certain the juvenile received the maximum sentence, and requested the Police Department follow-up on the court case. It was moved by Potts, seconded by Thomas, to award a $250.00 reward out of non-departmental funds to Armando Rodriguez for his actions. leading to the prosecution of a juvenile graffiti vandal. Motion carried 5-0. CONSENT CALENDAR ITEM NO. 13 - AUTHORIZATION FOR DESTRUCTION OF ORIGINAL COPIES OF COMMUNITY DEVELOPMENT DEPARTMENT RECORDS WHICH HAVE BEEN MICROFILMED Mayor Pro Tem Potts questioned the. age of the records and the time limit for destruction. Rick Brown, Building Official, responded that the documents included various dates; staff maintained blueprint .hard copies for 90 days following final inspection of a project; staff routinely microfilmed records before deterioration of the paper; and records pertaining to litigation were not included in the destruction. It was moved by Potts, seconded by Worley, to authorize the destruction of certain original building plans, calculations, permits, and correspondence which have been microfilmed. Motion carried 5-0. CONSENT CALENDAR NO. 17 - RESOLUTION NO. 94-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR PUBLIC FACILITIES AND IMPROVEMENTS, SOUTHWEST NEIGHBORHOOD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR 1993-94 FY Mayor Pro Tem Potts questioned whether the 1993-94 Community Development Block Grant funding would be lost if not expended prior to July 1, 1994. William Huston, City Manager, responded that the funds had been allocated and approval of the resolution would initiate the bid process. Christine Shingleton, Assistant City Manager, noted that the County of Orange had delayed the contracts approximately 12 months and without County approval, the City had been unable to proceed with the bid c0u cx,. Page 13, 5-16-94 -- process. It was moved by Potts, seconded by Worley, to adopt Resolution No. 94- 59 approving plans and specifications for subject project and directing the City Clerk to advertise for bids. Motion carried 5-0. RBG~ BUSINBSS (I'I'BN~ 20 TIIROUGH 25) 20. ORDINANCE NO. 1116, ZONING ADMINISTRATOR It was moved by Thomas, seconded by Doyle, to have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1116 by the City Clerk, it was moved by Saltarelli, seconded by Potts, to adopt the following Ordinance No. 1116: ORDINANCE NO. 1116 _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 9299, A PORTION OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATED TO THE OFFICE OF THE ZONING ADMINISTRATOR Motion carried 5-0 (roll call vote). 21. LEGAL ADVOCACY It was moved by Potts, secOnded by Thomas, to approve joinder in six amicus curiae briefs as recommended by the League of California cities' Legal Advocacy Committee. Motion carried 5-0. - 22. COUNCIL VOTING PROCEDURE TO FILL COMMISSION/COMMITTEE FACANCIES It was moved by Potts, seconded by Thomas, to implement a "one Councilmember, one vote" ballot system. Mayor Saltarelli stated his reason for adopting the previous point ballot system was to alleviate the possibility of requiring second and third ballots; and the system alleviated three members of the Council appointing all the Commission/Committee members. James Rourke, City Attorney, noted that regardless of which ballot system Council used, a motion, second, and three affirmative votes were required to appoint Commission/Committee members. Mayor Pro Tem Potts said the City's ordinance clearly stated that Commission and Committee members were selected by a majority vote of Council and with the previous point voting system that did not occur. Motion carried 5-0. CITY COUNCIL MINUTES Page 14, 5-16-94 23. YORBI% STREET FICUS TREE REMOVALS Mayor Pro Tem Potts stated that ficus trees required removal due to interference with electrical lines and damage to sidewalks; noted the affected residents had requested replacement with fern pine trees; and questioned if replacement with fern pine instead of. bradford pear trees was feasible. Robert Ledendecker, Director of Public Works, responded that the difference between the two trees was the bradford pear was deciduous and the fern pine was an evergreen. He said the bradford pear tree would remain smaller and would have a longer life within the contained area, but either tree would be suitable. He suggested the existing bradford pears remain due to replacement costs. Mayor Pro Tem Potts clarified that he opposed removal of the existing trees; however, he supported the remaining ficus trees be replaced with the residents' choice of fern pines. CounCil/staff discussion followed regarding ~niformity of trees; concurrent tree maintenance schedules; residents' preference for- removal of all the existing trees; insects; and difficulty 'in replanting existing bradford pear trees. Councilmember Doyle expressed his opposition to removal of the existing trees. Robert Ledendecker, Director of Public Works, suggested that prior to tree removal, staff notify ~esidents of Council's decision and provide Council with resident feedback. .Council/staff discussion followed regarding number of trees requiring -replacement; percentage of replacements that had keen completed; and location of trees in relation to homes. -~ Mayor Saltarelli requested this matter be continued to receive further comments, and noted he had not considered the street from the standpoint of combining different tree types. It was moved by Thomas, seconded by Potts, to continue tree conformity with bradford pear trees on the remainder of the street. Council discussion followed regarding clarification of the motion. Councilmember Worley stated further review was needed because this was a major street and would allow time for staff to meet with residents. Councilmember Doyle expressed opposition to symmetry. Mayor Saltarelli supported symmetry and requested continuance to obtain a clearer landscape picture. Council discussion followed regarding amendment and withdrawal of the motion. CItY COUNCIL MINUTES Page 15, 5-16-94 Mayor Pro Tem Potts favored allowing the residents their choice of trees; did not oppose different tree types in the same area; and explained that if Council action was opposed by residents, they could appeal to Council for reconsideration. It was moved by Potts, seconded by Thomas., to confirm City Council previous action for the removal of the remaining ten ficus trees along the easterly side of Yorba Street between Amaganset Way and Vandenberg Lane and authorize the replacement trees to be 24" box evergreen fern pine. Second motion carried 5-0. 24. TUSTIN PRIDE GRAFFITI SUB-COI~MITTEE GRAFFITI REPORT Rita Westfield, Assistant Director of Community Development, reported that the Tustin Pride Graffiti Sub-Committee had worked for nine months in preparation of this report developing recommendations for effectiveway~ to h~ndle graffiti/tagging problems in the City. The Sub-Committee had recommended fifteen programs for implementation Or~ continuation and she summarized the six major categories of recommendations: legal/policy reform; apprehension; cost recoverY; graffiti removal; education; and diversion and counseling. , Councilmember Thomas stated the report was outstanding; commended staffand the Committee for contacting Otherjurisdictions to evaluate their successful programs; and.supported all recommendations proposed in the report. Councilmember Worley stated the recommendations were excellent and questioned i'f all the Committee's recommendations had been submitted. -Rita Westfield, Assistant Director of communityDeyelopment, responded that the committee had originally submitted twenty re¢°mmendations, but five were determined not feasible. It was moved by Thomas, seconded by Worley, to adopt the fifteen recommendations as qualified in the subject report. Motion carried 5-0. 25. TERM LIMITS See Page 4. PUBLIC INPUT - None OTHER BUSINESS GIFT BAN ORDINANCE Councilmember Doyle reported that the gift ban ordinance would be agendized following review of amendments to the County's gift ban ordinance. CITY COI/NCIL MINUTES Page 16, 5-16-94 SENIOR CENTER BILLIARD TABLES Councilmember Doyle reported billiard tables at the Senior Center were in need of replacement. William Huston, City Manager, responded that staff was in the process of obtaining bids, and replacements were scheduled for June 1, 1994. AIR QUALITY MANAGEMENT DISTRICT BOARD APPOINTMENTS Councilmember Doyle requested staff forward a letter in opposition to the Governor making appointments to the Air Quality Management District Board. DANCING GRANDMOTHERS Councilmember Doyle reported on his pleasure at watching recent appearance of "Dancing Grandmothers" at the Revere House. CLOSED SESSION - PERSONNEL Councilmember Doyle requested a Closed Session on personnel matters; advised the Council that an off-agenda matter had arisen after the agenda was published andthere was 'immediate need for action. It was moved by Doyle, seconded.by Potts, to approve a Closed Session pursuant to Government Code Sections 54954.2(b) and 54957.6. Motion carried 5-0. CABLE ABOVE-GROUND UTILITY INSTALLATION -Mayor Pro Tem Potts assured the Laurelwood, _Tustin Ranch, and Peppertree developments that cable above-ground utility-installations' would not occur. CITY TREAS~R Mayor Pro Tem Potts requested a report at the June 6, 1994 Council meeting, regarding an elected or appointed City Treasurer. T.E.~.M. MEETING LOCATION Mayor Pro Tem Potts noted that T.E.A.M., the apartment managers association, still did not have a permanent location to conduct meetings and requested Council action. Christine Shingleton, Assistant City Manager, responded that a previously agendized report addressing this issue would be re- agendized. CABLE GRAPHICS Mayor Pro Tem Potts questioned if the cable graphics equipment had been purchased and, if not, the City should proceed with the purchase to facilitate graphics enhancement of Council meeting broadcasts. CITY coUNCIL MINUTES Page 17, 5-16-94 William Hust°n, City Manager, responded that the cable company had informed the city the equipment was available and staff would follow- up. LEAGUE OF CITIES TRAINING SEMINAR councilmember Worley reported on her attendance at a League of Cities training seminar for newly elected Councilmembers and expressed gratitude to staff and previous Councilmembers that the City was in strong financial condition compared to other cities. ROLLER HOCKEY SITE Councilmember Worley requested a staff report at the June 6, 1994 Council.meeting, on locating a site for roller hockey activities. PARKING REQUIREMENTS - EAST TUSTIN SPECIFIC PLAN Councilmember Worley_ requested the Planning Commission re-evaluate the East Tustin Specific Plan parking requirements to increase minimum parking spaces. POLICE DEPARTMENT RIDE-ALONG PROGRAM Councilmember Worley reported on her Police Department ride-along observations and commended the Police Department for an excellent program. 1996 MUNICIPAL ELECTION DATE Councilmember Thomas requested agendizing at the July 5, 1994 meeting, report on changing'the City's 1996 municipal election date. - TUSTINWEEKLY CLARIFICATION Councilmember Thomas thanked the Tustin Weekly for clarifying that he was not "Jeff Potts" and he did not support Assembly candidate Marilyn Brewer. TIME LIMIT INDICATOR Councilmember Thomas asked that the time limit indicator be used so speakers were aware when their three minutes had elapsed. COMMITTEE MEETING ATTENDANCE Councilmember Thomas requested, as an alternate, that he be notified of-the necessity to attend a meeting and noted that Tustin was not represented at recent E1 Toro Reuse Task Force and Foothill Transportation Corridor Agency meetings. SALVATION ARMY FACILITY Mayor Saltarelli reported on his attendance at the grand opening of the Salvation Army facility and encouraged residents to volunteer and support the organization. CITY COUNCIL MINUTES Page 18, 5-16-94 EAGLE SCOUT COURT Mayor Saltarelli reported on his attendance at an Eagle Scout court where eleven scouts from one troop achieved the rank of Eagle Scout in one year. Mayor Saltarelli adjourned the meeting at 10:20 p.m. The next regular meeting of the City Council was scheduled for Monday, June 6, 1994, 7:00 p.m., at the Council Chambers, 300 Centennial Way. CId:)SED SESSI0~ The City Council went into Closed Session at 10:45 p.m. pursuant to Government Code Sections 54954.2 (b) and 54957.6. At 11:00 p.m., the City Council came out of Closed Session, reconvened in open session an4 adjourned. THOMAS R. SALTARELLI, MAYOR MARY WYNN, CITY CLERK