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HomeMy WebLinkAbout03 MINUTES 09-05-95NO. 3 9-5-95 ~NUTES RE~UL2~MEET~N~ OF THE c~Ty COUI~L C~TY OF TUST~N, CALiFORNiA AUGUST 2~ ~995 CALL TO ORDER/PLEDgE OF ALLEgiaNCE The meeting was called to order by Mayor Potts at 7:03 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Doyle. 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: Vacant Others Present: William A. Huston, City Manager John Cavanaugh, Deputy City Attorney Steve Foster, Police Captain Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Valerie Crabill, Chief Deputy City Clerk Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Com. Development Rick Brown, Building Official Dana Ogdon, Senior Planner Dan Fox, Senior Planner Approximately 60 in the audience PROCLAMATIONS RUSS jOHNSON, HEROIC ACTION Mayor Potts read and presented a proclamation to Russ Johnson, who saved the life of Tami'Eichenauer. Russ Johnson described the action he took to aid Tami Eichenauer. Tami Eichenauer thanked Russ Johnson and praised him for saving her life. DONAHUE SCHRIBER, THE COURTYARD CENTER RENOVATION PROJECT Mayor Potts read and presented a proclamation to Donahue Schriber, .for renovation of The Courtyard Center. Tom Schriber, Donahue Schriber, accepted the proclamation, stated that the first project his company built in Tustin was The · Courtyard Center, noted his company had developed the Tustin Market Place, complimented the City for acknowledging the developer's work, and thanked staff for their assistance. PUBLIC INPUT - None PUBLIC HEARING - None CITY COUNCIL MINUTES Page 2, 8-21-95 (:~)HSENT CALENDAR (ITEMS I YHROUGH 8) It was moved by Thomas, seconded by Saltarelli, to approve the Consent Calendar as recommended by staff. MotiOn carried 5-0. lo APPROVAL OF MINUTES - AUGUST 7, 1995 REGULAR MEETING Recommendation: Approve City Council Minutes of August 7, 1995. · APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve 'Demands in the amount of $2,933,501.16 and ratify Payroll in the amount of $333,906.19. · APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR ZONING ORDINANCE REVISION Recommendation: ApproVe subject Professional Services Agreement with Urban Design Studio and Crawford, Multari & Starr, and authorize the Assistant City Manager to execute said agreement approved as to form by the City Attorney as recommended by the Community Development Department. · APPROVAL OF AGREEMENT WITH THE ORICOM GROUP FOR USED OIL PROGRAM BLOCK GRANT ADMINISTRATION Recommendation: Approve the consultant agreement with The Oricom Group and authorize the Mayor to execute the agreement as recommended.by the Public Works Department. o APPROVAL OF THE MAJOR THOROUGHFARE AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR ~AGENCY Recommendation: Approve Major Thoroughfare Agreement between the City of Tustin and the Foothill/Eastern Transportation Corridor Agency and authorize the Mayor and City Clerk to execute the agreement on behalf of the City as recommended by the Public Works Department/Engineering Division. 0 REIMBURSEMENT AGREEMENT WITH THE CITY OF IRVINE - SLURRY SEAL JAMBOREE ROAD BETWEEN EDINGER AVENUE AND BARRANCA PARKWAY Recommendation: Authorize the Director of Public Works to execute the subject reimbursement agreement with the City of Irvine as recommended by the Public Works Department/Engineering Division. 7· AWARD OF CONTRACT FOR STREET IMPROVEMENTS, SAN JUAN STREET WIDENING FROM NEWPORT AVENUE TO ORANGE STREET AND WALNUT STREET WIDENING FROM'NEWPORT AVENUE TO ORANGE STREET (PROJECT NOS. 700134 AND 700135) Recommendation: Award contract for subject, project to LGT Enterprises, Tustin, California, in the amount of $173,061.00 as recommended by the Public Works Department/Engineering Division. 0 PLANNING COMMISSION ACTION AGENDA - AUGUST 14, 1995 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify Planning Commission Action Agenda of August 14, 1995. CITY COUNCIL MINUTES Page 3, 8-21-95 EGUL]t]IBUSZNESS {ZTF, H8 9 THROUGH CONSTRUCTION NOISE Rick Brown, Building Official, reported that at the July 17, 1995 Council meeting, a status report was ~resented regarding compliance with the City's revised construction noise ordinance. He said that two local roofing contractors had expressed concern regarding limiting construction hours on certain holidays; stated staff surveyed Orange County cities regarding regulations pertaining to re-roofing and construction noise; summarized survey results; indicated that Tustin Roofing had requested removal of noise ordinance restrictions on Labor Day, Presidents Day, and Veterans Day; and noted the City's re-roofing policy during inclement weather would protect residents' property. Council/staff discussion followed regarding allowing deviation from established construction hours for emergencies and commercial re-roofing in industrial areas; Tustin Ranch residents' opposition to modification of the noise ordinance; and the noise ordinance would remain unchanged. It was moved by Thomas, seconded by Worley, that no changes be made to the City's noise ordinance. Motion carried 5-0. £0. RESIGNATION OF THE CITY CLERK Mayor Potts stated that due to time constraints and cost of an election, he recommended staff advertise for qualified candidates to apply for appointment to fill the remaining term of the elected City Clerk. Council/staff discussion followed regarding inability to appoint current Chief Deputy City Clerk to the position; placement of elected versus appointed City Clerk measure on March ballot; elected City Clerk position required a candidate to be a registered voter in Tustin; and appointment of a City Clerk must be completed within 30 days of -the former City Clerk's resignation. It was moved by Thomas, seconded by Saltarell~, 'to advertise for City Clerk applicants and conduct interviews at the September 5, 1995 Council meeting. Motion carried 5-0. William Huston, City Manager, recommended the City Attorney present a report to Council regarding appointed versus elected City Clerk and the placement of the matter on the March election ballot. Council/staff discussion followed regarding agendizing a report at the' September 5,. 1995 Council meeting, addressing the issue of appointed versus elected City Clerk position. CITY COUNCIL MINUTES Page 4, 8-21-95 11. 12. OUTDOOR STORAGE OF TRACTOR TRAILER TRUCKS AT THE BARN RESTAURANT, 14982 RED HILL AVENUE Dana Ogdon,. Senior~Planner, reported that at the August 7, 1995 Council meeting, Peter Andersen, owner of a tractor trailer truck stored on a lot adjacent to the Barn Restaurant, indicated that a citation had been issued to the owner of the Barn Restaurant because the truck had not been removed from the site as previously directed by Code Enforcement staff, and Mr. Andersen had requested Council authorize continued use of the property for storage of his truck. Mr. Ogdon stated that staff had been pursuing the elimination of the storage of tractor trailer trucks on the vacant parcel next to the Barn since July 1995; and the property owners were unaware of the parking violations and were opposed to truck storage at the Barn Restaurant. Council/staff discussion followed regarding availability of vehicle storage lots in the City permitting truck/RV storage. Councilmember Saltarelli stated that Council had listened to concerns raised by Mr. Andersen and the Tustin Meadows Association regarding truck storage adjacent to the Barn; noted the pending redevelopment of the Marine Corps Air Station, Tustin base; said truck storage facilities were available in the community; and he opposed tractor truck parking near residential areas. Councilmember Thomas stated the necessity of a location where tractor trucks could park in Tustin which would alleviate illegal truck parking on vacant lots and City streets. Mayor Potts said the City should plan for a storage area similar to the one located in Irvine as part of the base redevelopment; and Mr. Andersen was in violation of City codes, and should park the truck in legal truck storage areas. Council discussion followed regarding planning a future truck/RV storage area on the base. It Was moved by Saltarelli, seconded by Thomas, to receive and file report and direct the Community Development Department staff to continue working with the lessee to eliminate all code violations at the'property. Motion carried 5-0. GENERAL PLAN AMENDMENT 94-001, ZONE CHANGE 94-004, SECOND AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT AND'TENTATIVE TRACT MAP 15055 (THE IRVINE COMPANY) Councilmember Saltarelli announced he would abstain from voting on this matter. It was moved by Doyle, seconded by Worley, to refer this matter to the Planning Commission. CITY COUNCIL MINUTES Page 5, 8-21-95 Moti6n carried 4-0, Saltarelli abstained. 13. STAFFING FOR COMMUNITY FOUNDATION Councilmember Thomas said that at the August 7, 1995 Council meeting, he stated he would contact the Tustin Community Foundation to appropriate $2,000 to Pete Rivas, Tustin High School Pride Program; however, he learned that an appropriation from the Foundation could not be made to an individual. He noted the need for a person on the Tustin Community.Foundation specifically hired to raise donations; said staff time was-limited in providing assistance to the Foundation; and he favored hiring a part-time Foundation person for fund raising. .The following member of the audience spoke regarding inception of the Tustin Community Foundation; recent fund raising-efforts; pledges received and use of proceeds; the Foundation's goal to make Tustin a better place to live; annual support campaign; planned giving through bequests; the necessity for staff fund raising support; expansion of the Foundation's Board of Directors; encouraged community involvement; and requested seed money for endowment fund raising: Terry Riggins, Tustin Community Foundation President Council/staff discussion followed regarding surveying other Foundations as to level of staff support received and cost of that support. William Huston, City Manager, stated staff would complete the surveys, work with the Tustin Community Foundation Board, and submit recommendations to Council. Mayor Potts commended Ms. Riggins for donating her expertise to the Tustin Community Foundation. PUBLIC INPUT CITIZEN COMPLAINT - POLICE DEPARTMENT Shyrell Thomas reported a Tustin police officer, during a casual conversation, had refused to give his name and badge number to her, and a Tustin Police Lieutenant would only take her complaint if she met with him in a private room. Mayor Potts stated that if those actions had occurred, it was a violation of the law and he advised her to go to the police station and file her complaint. OTHER BUSINESS/COMMITTEE REPORTS ORANGE COUNTY BANKRUPTCY Councilmember Doyle reported that five firms representing attorneys, accountants, and investment advisors for the Orange County bankruptcy had filed requests for payment of interim fees CITY COUNCIL MINUTES Page 6, 8-21-95 that'equaled $35,452 a day; and he urged residents to complain about the excessive costs to the Board of Supervisors. Councilmember Saltarelli reported on various groups such as City Managers and League of cities who were maintaining pressure on the County to resolve the bankruptcy, and final plans were close to completion that would prevent special districts and cities from losing sales tax revenue to repay the bankruptcy debt. ART GALLERY - OLD TOWN Councilmember Doyle noted his visit to the new downtown art gallery and encouraged residents to visit. INTER-CITY LIAISON COMMITTEE Mayor Pro Tem Worley reported on attendance at the Inter-City Liaison Committee meeting and their discussion to resolve the Orange County bankruptcy without raidingCityand special district revenue. SPORTS PARK TENNIS CONCESSION Mayor Pro Tem Worley requested the status on the Sports Park Tennis concession; and reported the Sports Park was Scheduled to open on October 28, 1995. William Huston, City Manager, responded that new request for proposals had been issued and would be submitted to Council in the near future, MRS. GOOCHtS MARKET Mayor Pro Tem Worley welcomed Mrs. Gooch's Market to Tustin. CITY BUDGET STATUS Mayor Potts reported that Council had completed their budget workshops and the City remained fiscally sound.providing the State did not confiscate City revenue. TUSTIN HIGH SCHOOL PRIDE PROGRAM AppRoPRIATION Mayor Potts requested agendizing appropriation of $2,000 to Tustin High School Pride Program at the September 5, 1995 Council meeting. CONTINGENCY FUND - YOUTH SPORTS Mayor pOtts stated the City needed a contingency fund to provide funding for area youth sports activities in exchange for community service, and requested staff submit recommendations. SENATE BILL 2 - TERM LIMITS Mayor Potts noted that Senate Bill 2 had been signed by the CITY COUNCIL MINUTES Page 7, 8-21-95 Governor allowing General Law cities to implement term limits and requested the City Attorney review the impact on the City's term limit ordinance. CLOSED SESSION Mayor Potts announced the City Council would convene in closed session to confer with the City Attorney regarding a matter of pending litigation to which the City was a party: Michael Ryerson vs. City of Tustin, William Huston, and W. D. Franks, OCSC No. 739082. ADJO~~ Mayor Potts adjourned the meeting at 8:13 p.m. The next regular meeting of the City Council was scheduled for Tuesday, September 5, 1995, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. JIM POTTS, MAYOR --~ALERIE CRABILL, CHIEF DEPUTY CITY CLERK