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HomeMy WebLinkAbout01 MINUTES 8-21-95MINUTES RE~UL,._.MEETIN~ OF THE CITY COUI~iL CITY OF TUSTINv CALIFORNIA AUGUST 7, 1995 NO. 1 8-21-~95 CLOSED SESSION Mayor Potts announced that the City Council convened in closed session at 4:30 p.m. in the City Manager's Conference Room to consider the appointment of the City Attorney pursuant to Government Code Section 54957. CALL TO ORDER The meeting was called to order by Mayor Potts at 7:03 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. CITY CLERK RESIGNATION Mayor Potts announced that City Clerk, Mary Wynn, had resigned and requested the subject of her replacement be agendized at the August 21, 1995 Council meeting. PLEDGE OF ALLEGIANCE/INVOCATION The Pledge of Allegiance was led by Councilmember Doyle. The Invocation was given by Mayor Pro Tem Worley. ROLL CALL Council Absent: City Clerk: Others Present: Council Present: Jim Potts, Mayor Tracy A. Worley, Mayor Pro Tem Mike Doyle Thomas R. Saltarelli Jeffery M. Thomas None Vacant William A. Huston, City Manager Lois Jeffrey, Interim City Attorney Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Valerie Crabill, Chief Deputy City Clerk Rita Westfield, Asst. Dir./Com. Development Dana Kasdan, Engineering Services Manager Bettie Correa, Senior Personnel Analyst Approximately 25 in the audience PROCLAMATIONS FORMER MEMBERS OF COMMISSIONS AND COMMITTEES Mayor Potts read and presented proclamations to Gwen Ferguson and Cathy de Mayo, former members of the Youth Issues Committee. Cathy de Mayo thanked Council for giving her the opportunity to serve the community. CITY COUNCIL MINUTES Page 2, 8-7-95 Gwen Ferguson thanked Council for the opportunity to serve on the Youth Issues Committee, noted the cooperation between the Tust. in Unified School District and the City for improved quality of life for youth, and hoped Council would continue to support Tustin youth activities. \ Mayor Potts read and presented a proclamation to Jeannie Jackson, former member of the Parks and Recreation Commission. Jeannie Jackson expressed her pleasure in serving as a Parks and Recreation Commissioner and presented each Councilmember with a memento. PRESENTATION - SANTA ANA/TUSTIN YMCA Richard Edgar, former Tustin Mayor, reported his involvement with the Santa Ana/Tustin YMCA; said the YMCA was responsible for operation of seven Tustin school day care programs; noted the number of children served by the Santa Ana/TuStin YMCA; stated the impact on the community of the Santa Ana YMCA closing five years ago; remarked that the YMCA facility currently used was inadequate; stated the goal of relocating the Santa Ana/Tustin YMCA to a facility in Santa Ana near the southwest area; and noted his commitment to the acquisition of a new facility. John Kelly, Santa Ana/Tustin YMCA Board of Managers Chairperson, stated volunteers were needed at the Santa Ana/Tustin YMCA. George Cou, Santa Ana/Tustin YMCA Executive Director, reported that the loss of the Santa Ana facility had required the YMCA to develop community-based programs; noted the development of New Horizons, a program for the developmentally challenged; commented on the various student programs offered in schools; stated the difficulty of the Santa Ana/Tustin YMCA serving two cities from an inadequate facility; stated the need for youth programs in the City's southwest area; noted the recent hiring of a new program director; stressed the necessity of parent involvement in YMCA programs; requested Council support acquisition of the facility at McFadden Plaza; and presented Council with YMCA t-shirts. Mayor Potts commented that the City was in the process of acquiring land in the southwest area specifically to be developed for youth recreation programs; noted the McFadden Plaza location would be ideal for a YMCA facility; and encouraged the YMCA to apprise City staff of their activities. PUBLIC'INPUT - None PUBLIC ~R~RING (ITEM 1) le RESOLUTION NO. 95-68 PLACING ASSESSMENT FOR SOLID WASTE COLLECTION ON THE 1995-96 TAX ROLL Mayor Potts opened the Public Hearing at 7:20 p.m. There were no speakers on the subject and the Public Hearing was closed. CITY COUNCIL MINUTES Page 3, 8-7-95 It was moved by Worley, seconded by Doyle, to adopt the following Resolution No. 95-68 which directs the Finance Director to place the charges for solid waste collection on the tax roll for Fiscal Year 1995-96: RESOLUTION NO. 95-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 5473 ET SEQ. OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA, APPROVING AND ADOPTING A REPORTRELATIVE TO PARCELS OF REAL PROPERTY RECEIVING SOLID WASTE COLLECTION SERVICES, DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION TO BE ASSESSED AGAINST THE RESPECTIVE LOTS OR PARCELS OF LAND AS THEY APPEAR ON THE CURRENT ASSESSMENT ROLL Councilmember Thomas voiced his displeasure with the increased costs, noted the Council had no choice but to approve the increase, and he supported the motion under protest. Motion carried 5-0. Councilmember Saltarelli stated that residential solid waste collection fees had been increased by $1.14 per month because of the County landfill fee increase. CONSENT CALENDAR (ITEMS 2 THROUGH 8) items No. 5 and 8 were removed from the Consent Calendar by Mayor Pro Tem Worley and Mayor Potts. It was moved by Thomas, seconded by Saltarelli, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. · APPROVAL OF MINUTES - JULY 17, 1995 REGULAR MEETING Recommendation: Approve City Council Minutes of July 17, 1995. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL 'Recommendation: Approve Demands in the amount of $1,955,139.08 and ratify Payroll in the amount of $640,064.96. · PLANNING COMMISSION ACTION AGENDA - JULY 24v 1995 Ail 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 July 24, 1995. · CONFIRMATION OF PARKS AND RECREATION COMMISSION APPOINTMENT Recommendation: Confirm appointment of Kenneth Eckman to the Parks and Recreation Commission due to resignation of Jeannie Jackson as recommended by the City Clerk. · AWARD OF CONTRACT FOR RECONSTRUCTION OF "C" STREET NORTH OF MITCHELL AVENUE, COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING 1994-95 FY (CIP PROJECT NO. 200031) Recommendation: Award subject contract to Gillespie Construction, Inc. in the amount of $64,840.25 as recommended by the Public Works Department/Engineering Division. CITY COUNCIL MINUTES Page 4, 8-7-95 CONSENT CALENDAR ITEM NO. 5 - JOHN WAYNE AIRPORT STATUS REPORT Mayor Pro Tem Worley stated that in 1987, Council authorized quarterly airport noise monitoring reports; noted the County of Orange was nine months behind in completing quarterly reports; and questioned if cost effective bi-annual reports would be adequate. William Huston, City Manager, stated that noise monitoring reports could be done less frequently, but stressed the importance of continuing airport monitoring reports because they documented noise impacts on the community. Council/staff discussion followed regarding the cost savings of bi-annual reports; flight corridor complaints; increased number of complaints during certain weather conditions; potential noise impacts with expansion of John Wayne Airport; and the necessity of noise monitoring reports for historical data. It was moved by Thomas, seconded by Worley, to receive and file subject report. Motion carried 5-0. CONSENT CALENDAR ITEM NO. 8 - LEGISLATIVE ADVOCACY SERVICES Councilmember Thomas stated he had received calls from constituents questioning why the City was proposing to pay for legislative advocacy services; noted that Senator Lewis was willing to carry Tustin legislation; and Assembly Bill 1648 (AB 1648) had been tabled. William Huston, City Manager, said that because of the tremendous cost for the Tustin Marine Corps Air Station development, advice from the Housing and Community Development Committee, and information that AB 1648 would not pass, special legislation was necessary in order to proceed with the base redevelopment. He stated that Ken Emanuels and Associates had the redevelopment expertise to move special legislation through to ensure capture of any tax increment for initial interim leases at the base. Council/staff discussion followed regarding Mr. Emanuels' affiliation with the League of Cities; potential interim leases on the base; the City's goal of adoption of an urgency bill in early 1996; and contracting with Mr. Emanuels was cost effective. Councilmember Saltarelli requested that Mr. Emanuels scrutinize actions of local elected State representatives; stated his disappointment with the lack of communication by State representatives to the City regarding the base; noted the importance of financing redevelopment bonds for the base project; and stated his support of contracting with Mr. Emanuels because of his expertise in redevelopment. Councilmember Doyle stated his displeasure that a municipal agency must employ an individual to communicate with elected State officials on subjects affecting the City and voiced his opposition to the contract based on that principle. Mayor Potts voiced concern regarding employing lobbyists; and preferred to attempt special legislation through contacts with elected State officials CITY COUNCIL MINUTES Page 5, 8-7-95 efore employing Ken Emanuels and Associates. William Huston, City Manager, clarified that the City was not proposing Ken Emanuels and Associates be retained to lobby, the firm would work with the delegation to carry the bill for approval; and he stated that it was improbable urgency legislation for the base redevelopment would be passed without the expertise of a firm knowledgeable in legislative procedures and deadlines. Council/staff discussion followed clarifying that the firm's fee would not be used for lobbying purposes; the objective was passage of legislation by January/February 1996; and the importance of the base redevelopment to the future of the City. It was moved by Thomas, seconded by Worley, to authorize the City Manager to enter into a professional services contract with Ken Emanuels and Associates for legislative advocacy services. Motion carried 5-0. Councilmember Doyle stated that Council being forced to authorize paying an individual to meet with elected officials for legislation on behalf of the City was against everything the Country stood for and action should be initiated to recall State representatives who refused to act on the City's behalf. -- EGUL]~t BUSINESS ( ITEMS 9 THROUGH 11 ) 9. 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) It was moved by Thomas, seconded by Worley, to continue this item to the August 21, 1995 City Council meeting. Motion carried 5-0. 10. ORDINANCE NO. 1156 - AMENDING CITY CODE SECTIONS 4616 AND 4617, NOISE CONTROL Rita Westfield, Assistant Director of Community Development, reported staff had prepared modifications to the City's Noise Ordinance addressing late night use of noise-producing equipment such as leaf blowers and parking lot sweepers. She stated that staff had received intermittent complaints from residents regarding noise-producing equipment but noted the City had difficultly in regulating noise complaints because the current Noise Ordinance permitted noise sources during nighttime hours if they did not exceed a specific decibel level. Upon review of the City's noise regulations, the City Attorney recommended development of specific regulations for use of property maintenance equipment. Staff contacted other cities for their property maintenance regulations and formulated an ordinance addressing use of property maintenance equipment; conformance with the construction noise amendment; exceptions for industrial or commercial areas and public facilities; and use for urgent CITY COUNCIL MINUTES Page 6, 8-7-95 11. necessity. Council/staff discussion followed regarding the difficulty of business centers operating during evening hours and located less than 750 feet from a residential area, cleaning their parking lots because of noise restrictions; police department enforcement discretion; residential leaf blower complaints; and modifying hours for the use of noise-producing equipment. The following member of the audience requested citizens direct complaints to the business to allow correction of the problem: Al~Enderle, Tustin Council/staff discussion followed regarding encouraging citizens to contact the business creating the noise; the current noise ordinance was not enforceable in certain situations; removal of restrictions on business parking lot sweepers; and continuing this item to allow staff to modify residential and commercial use of noise-producing equipment and consult with the Chamber of Commerce. It was moved by Doyle, seconded by Worley, to continue this item to the August 21, 1995 Council meeting. Motion carried 5-0. PRESENTATION REGARDING TUSTIN HIGH SCHOOL PRIDE PROGRAM Mayor Potts stated his support for the Tustin High School Pride Program; questioned how much funding was necessary to maintain the program; said the Pride Program was a model for other cities' youth programs; and noted the Program's involvement with the business community. Pete Rivas, Tustin High School Pride Program, reported on the initiation of the Tustin High School Pride Program; Program attendance evolution from at-risk youth only to all Tustin High School youth; Foothill High School's request to begin a Pride Program; expansion of the Pride Program to the junior high school level; inadequate donations received for high school programs; and the benefits of the Tustin High School Pride Program to the community. Council/speaker discussion followed regarding the Tustin Public Schools Foundation lack of support for the Pride Program; various businesses' involvement in the Program; Program youth considered the appropriation of a $2,000 loan would be repaid; and the possibility of the Program becoming a non-profit corporation. Councilmember Thomas recommended that the Tustin Community Foundation appropriate $2,000 to the Pride Program and he would contact the Foundation Board and arrange for approval. He stated that the Tustin Public Schools Foundation would be challenged to match the $2,000 appropriation. CITY COUNCIL MINUTES Page 7, 8-7-95 Pete Rivas requested Council consider supporting a Pride Program goal to have a "non-violence march" promoting City unity. PUBLIC INPUT ILLEGAL PARKING OF COMNERCIAL VEHICLE Peter Andersen, 1614 Mitchell, Tustin, reported he had been parking his commercial vehicle on the unpaved lot adjacent to The Barn restaurant, with the owner's permission, and was informed by City staff that he was in violation of a City ordinance. Mayor Potts requested staff prepare a report and agendize the subject at the August 21, 1995 Council meeting. OTHER BUSINESS STAFF APPRECIATION Councilmember Doyle thanked staff for immediately responding to a problem he had brought to their attention. CITIZEN COMMENDATION TO POLICE DEPARTMENT Councilmember Doyle noted a letter that the Police Department had received from a father thanking the Police for making his son aware of traffic laws. CITIZENS' SUPPORT OF POLICE DEPARTMENT Councilmember Doyle reported a Police Department survey indicated 85 percent of residents believed the Police Department was doing a good job. ADJOURN MEETING IN MEMORY OF TEENAGERS KILLED IN RECENT ACCIDENT Councilmember Saltarelli commented on the alcohol related traffic accident killing four teenagers from Anaheim; urged parents to continue counseling their teenagers; and requested adjournment in their memory. CREATE VIDEO HIGHLIGHTING TUSTIN Mayor Potts suggested the creation of a video highlighting the City and requested the subject be agendized at the August 21, 1995 Council meeting. COMMITTEE REPORTS - None CLOSED SESSION yor Potts announced the City Council would reconvene the 4:30 p.m. _.osed session to consider the appointment of the City Attorney pursuant to Government Code Section 54957. CITY COUNCIL MINUTES Page 8, 8-7-95 ADJO~NT Mayor Potts adjourned the meeting at 8:27 p.m. in memory of the Anaheim teenagers killed recently. The City Council had scheduled a Budget Workshop on August 21, 1995, at 5:30 p.m. in the Council Chambers; and the next regular meeting of the City Council was scheduled for Monday, August 21, 1995, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. FOLLOWING CLOSED SESSION It was moved and seconded to hire the law firm of Rourke, Woodruff and Spradlin for legal services subject to negotiation of an acceptable contract. Motion carried 4-], Potts opposed. JIM POTTS, MAYOR VALERIE CRABILL, CHIEF DEPUTY CITY CLERK