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HomeMy WebLinkAbout03 MINUTES 10-16-95 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA OCTOBER 2, 1995 NO. 3 10-16-95 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Potts at 7:00 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Saltarelli. ROLL CALL Council Present: Jim Potts, Mayor Tracy A. Worley, Mayor Pro Tem Mike Doyle Thomas R. Saltarelli Jeffery M. Thomas Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Mike Henley, Director of Community Services Dana Kasdan, Engineering Services Manager~ Valerie crabill, Chief Deputy City Clerk Dana ogdon, Senior Planner Dan Fox, Senior Planner Approximately 15 in the audience PROCLAMATIONS LINDSAY FOSSATTI, FASTPITCH-SOFTBALL NATIONAL CHAMPIONSHIP TEAM MEMBER Mayor Potts read and presented a proclamation to Lindsay Fossatti, member of the Fastpitch-Softball National Championship Team. Lindsay Fossatti thanked Council for the proclamation and stated she had been proud to represent Tustin in the National Championship. Councilmember Doyle stated the 1996 Olympic Games softball team members had attained recognition playing in similar national tournaments, and he hoped to one day read Lindsay's name in the newspaper representing America as an Olympian. FIRE PREVENTION WEEK, OCTOBER 8-14 See page 4. ~,UBLIC INPUT - None CITY COUNCIL MINUTES Page 2, 10-2-95 PUBLIC KEK1/IN~S (ITEMS I THROUGH 2) le AMENDED FINAL STATEMENT (APPLICATION) FOR PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 1994-95 Dana Ogdon, Senior Planner, reported that in May 1994, Council approved a $494,000 allocation of federal CDBG funds to a variety of public facility, rehabilitation, historic preservation, and public service projects and programs; and $25,000 to the City's Commercial Rehabilitation Program. He stated that the Commercial Rehabilitation Program was initially popular, and numerous structures, primarily in the Old Town area, were seismically renovated or given facade upgrades; however, in recent years there had been less demand for such rehabilitation funds. He noted during the past 18 months, the need for a youth center in the southwest neighborhood had become a community priority, and the recent purchase of a building, located at 14722 Newport Avenue, for use as a youth facility would require a substantial amount of funds for building renovation. He explained that use of CDBG funds would offset Redevelopment Agency efforts in the southWest area and it was important that the City use the allotted CDBG funds quickly. He stated that inadequate spending may jeopardize future allocations, therefore, reallocation of the funds would help insure future awards. He said adequate funding remained in the Commercial Rehabilitation Program to complete current Projects. Mayor Potts opened the public hearing at 7:08 p.m. There were no speakers, on the subject and the public hearing was closed. It was moved by Worle¥, seconded by Thomas, to adopt the following Resolution No. 95-87 approving an amendment to the Final Statement (application) for theproposed use of Community Development Block Grant (CDBG) funds for fiscal year 1994-95: RESOLUTION NO. 95-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY'S 1994-95 FINAL STATEMENT (APPLICATION) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING SUBMISSION OF SUCH APPLICATION TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Motion carried 5-0. · TENTATIVE TRACT MAP NO. 14901 (SANDERSON J. RAY DEVELOPMENT/TUSTIN RANCH PLAZA) Dan Fox, Senior Planner, reported the applicant was proposing to subdivide a 14-acre property, located at Jamboree Road and Irvine Boulevard, into eight lots to permit individual ownership. He stated the project was consistent with East Tustin Specific Plan development standards including reciprocal easement for parking, landscaping, pedestrian, and vehicular access. CITY COUNCIL MINUTES Page 3, 10-2-95 Mayor Potts opened the public hearing at 7:09 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. 95-89; and approve Tentative Tract Map No. 14901 by adopting the following Resolution No. 95-90: RESOLUTION NO. 95-89 - 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 TENTATIVE TRACT MAP NO. 14901 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 95-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 14901 TO CREATE EIGHT (8) NUMBERED LOTS FOR A COMMERCIAL SUBDIVISION ON LOT 13 OF TRACT 12763 Motion carried 5-0. ~ ~-ONSENT CP, T, RND~.R ('rTEHS 3 . THROUGH 8) Item No. 8 was removed frOm the Consent Calendar by Councilmember Doyle. It was moved by Thomas, seconded by Worley, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. MaYor Potts and Councilmember Saltarelli announced they would abstain from voting on Consent Calendar Item No. 3, Approval of Minutes, September 18, 1995 Regular Meeting, due to their absence from that meeting. · APPROVAL OF MINUTES - SEPTEMBER 18, 1995 REGULAR MEETING Recommendation: Approve City Council Minutes of September 18, 1995. (Motion carried 3-0, Potts, Saltarelli abstained.) · APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,704,888.42 and ratify Payroll in the amount of $339,070.05. · CLAIM OF IRWIN GROSS Recommendation: Deny subject claim and direct the City Clerk to provide appropriate notice to the claimant and his attorney as recommended by the City Attorney. · APPROVAL OF AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. D93-131 AND APPROVAL OF NEGATIVE DECLARATION FOR THE WIDENING OF THE 17TH STREET BRIDGE APPROACHES AT SR-55 FREEWAY Recommendation: (1) Approve subject Amendment No. 2 to Cooperative. Agreement No. D93-131; and (2) Adopt the following Resolution No. 95-88 approving the Mitigated Negative Declaration for the Seventeenth Street Widening Project (City of Santa Aha ER No. 93-5) pursuant to the duties of a Responsible Agency as CITY COUNCIL MINUTES Page 4, 10-2-95 recommended by the Public Works Department/Engineering Division: RESOLUTION NO. 95-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, 'ACTING AS A RESPONSIBLE AGENCY IN APPROVING THE MITIGATED NEGATIVE DECLARATION FOR THE SEVENTEENTH STREET WIDENING PROJECT, AS PREPARED BY THE CITY OF SANTA ANA, WITH ALL FEASIBLE MITIGATION MEASURES INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AMENDMENT TO CONDITIONAL USE PERMIT 94-023 AND DESIGN REVIEW 94- 030 (MC DONALD'S) Recommendation: (1) Approve the Environmental Determination for the project by adopting the following Resolution No. 95-84; and (2) Amend Conditional Use Permit 94-023 and Design Review 94-030 by adopting the following Resolution No. 95-85 as recommended by the Community Development Department: RESOLUTION NO. 95-84 - 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 AMENDMENT TO .CONDITIONAL USE PERMITi94-023 AND DESIGN REVIEW 94-030 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 95-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 94-023 AND DESIGN REVIEW 94-030 MODIFYING THE HEIGHT OF THE SCREEN WALLS AND EARTHEN BERMS AROUND THE DRIVE-THRU FACILITY ON THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TUSTIN RANCH ROAD AND BRYAN AVENUE ON LOT 1 OF TRACT 14610 CONSENT CALENDAR ITEM NO. 8 SEPTEMBER 25, 1995 - PLANNING COMMISSION ACTION AGENDA - Councilmember Doyle appealed Planning Commission Action Agenda Item No. 2, Code Amendment 9'5-003, and requested submitting the matter for additional review by the City Attorney regarding off-site sale of alcoholic beverages. It was moved by Doyle, seconded by Potts, to submit this item to the City Attorney for review. Motion carried 5-0. PROCLAMATIONS (Agenda Order) FIRE PREVENTION WEEK, OCTOBER 8-14 Councilmember Doyle read and presented a proclamation to Battalion Chief Peterson, proclaiming October 8-14, 1995 as Fire Prevention Week. CITY COUNCIL MINUTES Page 5, 10-2-95 Mr. Peterson, representing Larry Holmes, Director of Fire Services, thanked Council for the proclamation, and invited the community to visit their nearest fire station during Fire Prevention Week. REGULAR BUSINESS (ITENS 9 THROUGH ~2) · EFFECT OF SENATE BILL 2 PERTAINING TO TERM LIMITS FOR CITY OFFICIALS Lois Jeffrey, City Attorney, reported that Senate Bill 2 (SB 2), imposing term limits on governing boards of local governmental entities, would become effective on January 1, 1996. She stated that since Measure H, limiting Tustin City Council terms to two full consecutive terms, was approved by Tustin voters in November 1994, and substantially complied with SB 2, Measure H should, in her opinion, be given effect on January 1, 1996, and would apply to terms beginning in April, 1996. However, she stated that because voter approval of Measure H took place prior to SB 2 and in the event Tustin's ordinance was challenged in the future, she recommended obtaining an Attorney General opinion on whether prospective action by voters was required and if current Council terms were affected. Mayor Potts supported obtaining an Attorney General opinion on this matter; noted that Mayor Pro Tem Worley and Councilmember Doyle had supported term limits during their campaign for Council; said the City's term limit ordinance affected the current Council; and stated the decision ultimately rested with the voters. The following member of the audience spoke in support of Tustin's term limit ordinance; and the term limit ordinance would be enforced by the ~oters regardless of City Attorney or Attorney General opinions: Berklee Maughan, Tustin Council concurred to request Attorney General opinion on the effect of Senate Bill 2 on Tustin's Measure H term limit ordinance. 10. LEGAL SERVICES AGREEMENT Mayor Potts requested this item be continued to allow him time to submit written questions regarding this matter. It was moved by Saltarelli, seconded by Worley, to continue this item to the October 16, 1995 Council meeting. Motion carried 5-0. ILLUMINATED CHRISTMAS DECORATIONS AT THE INTERSECTION OF EL CAMINO REAL AND MAIN STREET Tim Serlet, Director of Public Works, reported that at the CITY COUNCIL MINUTES Page 6, 10-2-95 12. September 5, 1995 Council meeting, Councilmember Doyle requested staff investigate the feasibility of installing illuminated Christmas decorations at the intersection of E1 Camino Real and Main Street. He stated options were considered and due to the ease of installation along with high visibility, staff recommended the street streamer at banner pole locations as the most cost effective illuminated Christmas decoration. It was moved by Doyle, seconded by Worley, to approve the purchase and installation of an illuminated Christmas street streamer at banner pole locations. Motion carried 5-0. ORDINANCE NO. 1156 - AMENDING CITY CODE SECTIONS 4616 AND 4617, NOISE CONTROL Dana Ogdon, Senior Planner, reported that at the August 7, 1995 Council meeting, staff presented modifications to the City's noise ordinance which prohibited the use of leafblowers and all loud property maintenance equipment during late night hours. He stated that staff had received a letter from resident, Jeff Thompson, requesting additional noise regulations, and results of a Chamber of Commerce survey of commercial center property owners revealed opposition to prohibiting property maintenance equipment as being too regulatory and because noise complaints were uncommon. He said that staff would continue to enforce noise violations by urging property owner cooperation rather than issuing citations; however, the adoption of these modifications would assist staff by establishing enforceable regulations in the event of an uncooperative property owner. Mayor Potts stated that the majority of noise complaints were received from residential areas; said he was unaware that modifications discussed at the August 7, 1995 meeting included commercial areas; noted public concern that Council was passing more laws and explained that the original ordinance was poorly written and required modification for enforcement purposes; remarked that businesses should install noise governors on the leaf blowers; and he supported the proposed amendments. Councilmember Thomas said he was concerned about regulating businesses' use of maintenance equipment and believed each commercial complaint should be reviewed on an individual basis; noted that major business centers in the City had not received complaints about equipment noise; questioned the need for commercial regulations; and opposed commercial noise regulation. Mayor Pro Tem Worley stated that based upon comments received from the Chamber of Commerce that a minimal number of noise complaints had been received regarding commercial use-of noise equipment, she would not support the proposed commercial noise regulations. Council/staff discussion followed regarding that the ordinance applied to commercial maintenance on residential and commercial CITY COUNCIL MINUTES Page 7, 10-2-95 properties; maintenance by private property owners was exempt; a majority of cities had commercial noise regulations; property owner notification of noise complaints through management companies; and the present ordinance's lack of enforcement for commercial noise complaints. William Huston, City Manager, stated that the City had encountered problems enforcing citations issued to commercial centers due to the lack of staff and noise monitoring equipment; and an'ordinance specifically addressing commercial property would allow enforcement by the City. Mayor Pro Tem Worley stated she was unaware the City could not enforce commercial noise complaints, consequently she would support the proposed amendments to the ordinance. Councilmember Doyle requested amending the ordinance to include lawn vacuums. It was moved by Doyle, seconded by Thomas, that the following Ordinance No. 1156 be introduced as amended to include lawn vacuums: ORDINANCE NO. 1156 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 4 OF THE TUSTIN CITY CODE, HEALTH AND SANITATION Motion carried 5-0. The following members of the audience spoke in support of the proposed amendments to the noise ordinance, requested an earlier curfew time~ and inclusion of a minimum distance noise equipment could be operated from residential areas: Jeff and Lauren Thompson, 415 W. 6th Street, Tustin Council/speaker J. Thompson/staff discussion followed regarding the speaker's unsuccessful attempts at resolving disturbing the peace complaints; staff meeting with Mr. Thompson for discussion of noise time restrictions; the City's noise curfew time was consistent with other Orange County cities; and utilizing community oriented policing to solve the problem. PUBLIC INPUT - None OTHER BUSINESS TILLER DAYS - OCTOBER 6-8, 1995 Councilmember Doyle invited everyone to Tiller Days activities and reported he would not be tossing candy during the parade due to safetY concerns. Councilmember Thomas stated.he would be out of town during Tiller Days to continue his recovery from gall bladder surgery. CITY COUNCIL MINUTES Page 8, 10-2-95 Councilmember Saltarelli agreed that tossing candy during the Tiller Days parade was a safety concern. ORANGE COUNTY BANKRUPTCY Councilmember Doyle reported the County was in its 300th day of bankruptcy at a cost of $23,333 per.hour. COUNTY OF ORANGE/FIRE AUTHORITY Councilmember Saltarelli reported that the County was still operating irresponsibly and unfairly by attempting to not comply with the settlement agreement between the County and the' Fire Authority and threatening to withdraw services if additional monies were not paid; and the Fire Authority had successfully thwarted their efforts after an aggressive appeal to the Board of Supervisors. PRESIDENT CLINTON'S ORANGE COUNTY VISIT Mayor Pro Tem Worley reported on her pleasure at being able to greet President Clinton upon his recent visit to Orange County and how impressed she was. with his sincerity and politeness. ADVERTISING BUS SHELTERS Mayor Pro Tem Worley stated that the City of Laguna Hills was removing their bus shelters due to unsightliness and inappropriate 'advertising. Lois Jeffrey, City Attorney, noted ~that alcohol and tobacco advertising was prohibited on Tustin bus shelters. Christine Shingleton, Assistant City Manager, stated that contract language permitted the City to remove inappropriate advertising. SPORTS PARK UPDATE Councilmember Saltarelli requested an update on the Sports Park. Christine Shingleton, Assistant City Manager, responded that the October 28, 1995 opening was on schedule. ANNEXING MARKETPLACE #2 SITE Mayor Potts requested a staff report on the City exploring the possibility of annexing the Marketplace #2 site. Council/staff discussion followed regarding the site must be in the City's sphere of influence in order to annex; Tustin/Irvine. boundaries; City of Irvine, Local Agency Formation Commission (LAFCO), and The Irvine Company must agree to the annexation; annexation development agreement between LAFCO, The Irvine company, and City of Irvine currently under discussion by the City of Irvine Planning Commission; the proposed development agreement CITY COUNCIL MINUTES Page 9, 10-2-95 would be submitted for Tustin Council information; and residents' concern that Tustin's new high school would be located in the City of Irvine. REDEVELOPMENT PROJECTS Mayor Potts reported that Redevelopment projects in the Southwest area should continue to aggressively proceed, the need for senior housing was imperative, and exciting prospects for redevelopment in Old Town were pending. TUSTIN HOME VALUES Mayor Potts noted a recent newspaper article stating that Tustin home values had significantly decreased, but clarified that an area survey revealed that in the future, due to the Marine Corps Air Station development, Tustin would be attracting major new businesses and home values would increase accordingly. Councilmembers Saltarelli and Thomas agreed that in a recession, residential areas with high market value homes were the first to decline, but when the market turned up, those same homes benefitted from the largest increase in value and encouraged residents to look toward the future. COUNCIL MUST PROVIDE FACTUAL INFORMATION Mayor Potts noted that it was important for Council to provide factual information to the public because the media exaggerated decreased home values, mud slides, riots, crime, fire, and negative information. FORMER MAYOR DON SALTARELLI - CANDIDATE FOR COUNTY SUPERVISOR POSITION Mayor Pro Tem Worley reported that former Mayor Don Saltarelli was on the potential list of candidates to be appointed by the Governor to fill Gaddi Vasquez's position on the Board of Supervisors. COMMITTEE REPORTS - None CLOSED SESSION Mayor Potts announced the City Council would convene in closed session to confer with the City Attorney regarding pending litigation to which the City was a party: City of Tustin vs. GeoSoils, E.L. Yeager, and Sam Johnson; OCSC Case No. 73-27-66. CITY COUNCIL MINUTES Page 10, 10-2-95 Mayor Potts adjourned the meeting.at 8:08 p.m. The next regular meeting of the Citoy Council was scheduled for Monday, October 16, 1995, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. JIM POTTS, MAYOR PAMELA STOKER, CITY CLERK