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HomeMy WebLinkAboutCC MINUTES 1994 08 01MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA AUGUST 11 1994 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:08 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Mayor Pro Tem Potts. The Invocation was given by Councilmember Worley. ROLL CALL Council Present: Thomas R. Saltarelli, Mayor Jim Potts, Mayor Pro Tem Mike Doyle Jeffery M. Thomas Tracy A. Worley Council Absent: None City Clerk Wynn: Absent Others Present: 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 Robert Ruhl, Field Services Manager Susan Jones, Recreation Superintendent Beverley White, Deputy City Clerk Rita Westfield, Asst. Dir./Com. Development Dana Kasdan, Engineering Services Manager Rick Zimmer, Redevelopment Program Manager Dana Ogdon, Senior Planner Gary Veeh, Water Operations Manager Bettie Correa, Senior Personnel Analyst Randy Westrick, Recreation Supervisor Gary Magill, Recreation Supervisor Doug Anderson, Transportation Engineer Irma Hernandez, Administrative Assistant Katie Pitcher, Administrative Assistant Approximately 60 in the audience PROCLAMATION FORMER AUDIT COMMITTEE MEMBER, JERRY WEIL Mayor Saltarelli read and presented a proclamation to Jerry Weil, former Audit Committee Member. Jerry Weil thanked the Council for giving him the opportunity to serve on the Audit Committee. FORMER PLANNING COMMISSIONERS WILLIAM STRACKER AND JOHN BUTLER Mayor Saltarelli read and presented proclamations to William Stracker and John Butler, former Planning Commissioners. John Butler and William Stracker thanked the Council for the proclamations and for appointing them to serve on the Planning Commission. ,PRESENTATION CHILI COOK -OFF PROCEEDS Randy Westrick, Recreation Supervisor, reported the Chili Cook -Off had been a successful event with approximately 6,000 people in attendance. Mayor Saltarelli presented a check in the amount of $3,000.00 from ChiliCook-Off proceeds made payable to TAFFY, Tustin Acts For Families and Youth, to CynDi Glavas and Cliff Polston, TAFFY representatives. CynDi Glavas thanked Council, residents, and staff for supporting TAFFY, and stated the proceeds would be put toward upcoming projects. CITY COUNCIL MINUTES Page 2, 8-1-94 FOGS Douglas Franks, Chief of Police, presented Council and William Huston, City Manager, with plaques depicting first edition Tustin Police Department Pogs designed by Tustin Police Officer Dave Arnold. Council thanked the Police Department for the plaques. PUBLIC INPUT - None r PUBLIC HEARING (ITEM 1) 1. RESOLUTION NO. 94-86, PLACING ASSESSMENT FOR SOLID WASTE COLLECTION ON THE 1994-95 TAX ROLL Ronald Nault, Director of Finance, reported that this was the second Public Hearing required for placing assessment for solid waste collection on the tax roll. He stated that staff had compiled a survey of commercial bin rates for approximately 18 cities which revealed Tustin was comparable to the countywide average. He explained that the calculations for the rate increase were based on the franchise agreement with Great Western Reclamation approved by Council in 1993. He noted that according to State law, placement of the assessment on the tax roll required a two-thirds Council vote. Council/staff discussion followed regarding if Council did not approve placing the assessment on the tax roll, Great Western Reclamation would bill the customer directly. Mayor Saltarelli opened the Public Hearing at 7:29 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Worley, seconded by Thomas, to adopt the following Resolution No. 94-86: RESOLUTION NO. 94-86 - A RESOLUTION 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 REPORT RELATIVE 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 Mayor Pro Tem Potts clarified he was not opposed to placing the assessment on the tax roll, he was opposed to the City's contract with Great Western Reclamation. Motion carried 5-0. CONSENT CALENDAR (ITEMS 2 THROUGH 15) 400-10 830-50 Items No. 7, 8, and 15 were removed from the Consent Calendar by Councilmember Thomas and Mayor Saltarelli. It was moved by Potts, seconded by Doyle, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES - JULY 18, 1994 REGULAR MEETING Recommendation: Approve the City Council Minutes of July 18, 1994. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,126,044.90 and ratify Payroll in the amount of $324,287.97. 380-10 360-82 4. PLANNING COMMISSION ACTION AGENDA - JULY 25, 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 July 25, 1994. 120-50 CITY COUNCIL MINUTES Page 3, 8-1-94 5. REJECTION OF CLAIM NO. 94-28 - CLAIMANT, DEAN K. SMITH; DATE OF LOSS, 6/22/93; DATE FILED WITH CITY, 6/21/94 Recommendation: Reject subject application for permission to file late claim, as recommended by the City Attorney. 180-10 6. REJECTION OF CLAIM NO. 94-22 - CLAIMANT, RAQUEL BARIL; DATE OF LOSS 4/9/94; DATE FILED WITH CITY, 5/5/94 Recommendation: Reject subject claim for property damages, as recommended by the City Attorney. 180-10 9. RESOLUTION NO. 94-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING SUPPORT FOR THE LOS ANGELES RAMS REMAINING IN ANAHEIM AND THE COUNTY OF ORANGE Recommendation: Adopt Resolution No. 94-92 declaring support for the Rams remaining in Anaheim, as recommended by the Office of the City Clerk. 150-10 10. AWARD OF CONTRACT FOR WATER MAIN REPLACEMENT PROJECTS - PROJECT NO. 600121 Recommendation: Award the contract for the subject project to RLT Construction, Inc. of Anaheim, California, in the amount of $327,070.00, as recommended by the Public Works Department/Water Division. 400-45 11. RESOLUTION NO. 94-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND REPAIR AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR SIDEWALK, CURB AND GUTTER, AND INTERLOCKING PAVER REPAIR PROJECT, 1993-94 FY 400-45 Recommendation: Adopt Resolution No. 94-96 accepting said work and authorizing recordation of the Notice of Completion, as recommended by the Public Works Department/Engineering Division. 12. RESOLUTION NO. 94-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE ASPHALT CONCRETE REHABILITATION AND OVERLAY PROJECT 1993-94 FY (PROJECT NO. 700001) Recommendation: Adopt Resolution No. 94-95 accepting said work and authorizing recordation of the Notice of Completion, as recommended by Public Works Department/Engineering Division. 400-45 13. RESOLUTION NO. 94-85 - A RESOLUTION OF THE CITY COUNCIL OF 7UU CITY OF TUSTIN, CALIFORNIA, APPROVING THE INCLUSION OF THE CITY INTO A COUNTY RECYCLING MARKET DEVELOPMENT ZONE PROGRAM Recommendation: Adopt Resolution No. 94-85 approving the inclusion of the City in a Countywide Recycling Market Development Zone Program, as recommended by the Public Works Department/Engineering Division. 830-40 14. RESOLUTION NO. 94-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN Recommendation: Adopt Resolution No. 94-93 amending the Classification Plan to include the non -management position of Project Manager -Housing, as recommended by Personnel Services. ITEM NO. 15 - AGREEMENT - HISTORICAL SOCIETY RENT 510-25 7 Mayor Saltarelli stated that the Historical Society was an important part of the City and it was appropriate to assist them by authorizing payment of their annual rent. It was moved by Thomas, seconded by Worley, to authorize payment for rent of $475.00 per month to the Tustin Area Historical Society effective July 1, 1994 and terminating June 30, 1995. Motion carried 5-0. 400-10 Mayor Saltarelli presented a check to Lillian Kugler, Tustin Historical Society president, in the amount of $5,700.00 for the annual rent of the Tustin Area Historical Society. CITY COUNCIL MINUTES Page 4, 8-1-94 Lillian Kugler thanked Council for their support and encouraged residents and Council to become actively involved in the Historical Society. ITEM NO. 7 - RESOLUTION NO. 94-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, URGING CONGRESS TO ADDRESS THE ESCALATION OF ILLEGAL IMMIGRATION AS A TOP PRIORITY ISSUE Councilmember Thomas noted that an SOS measure was being circulated around the state which was stricter than the City's proposed resolution and he requested that Council agendize the initiative for discussion at a future Council meeting. It was moved by Thomas, seconded by Worley, to adopt Resolution No. 94-97 addressing the escalation of illegal immigration. Motion carried 5-0. 150-40 Mayor Pro Tem Potts said that in the past, law enforcement officers could temporarily detain illegal immigrants for the Immigration and Naturalization Service under Title 8, Section 1325 of the U.S. Code, and stated he supported enforcement of that law. ITEM NO. 8 - HAZARDOUS MATERIAL SPILL CLEAN -IIP CONTRACT Councilmember Thomas questioned the procedures for responding to hazardous material spill clean-up and stated he was concerned if there would be a jurisdictional problem. William Huston, City Manager, replied that the County Fire Department would be the contracting agency for the City. Katie Pitcher, Administrative Assistant, stated that Disposal Control Services had facilities in Los Angeles and San Diego counties and would respond for containment and disposal control of a hazardous material — spill. Council/staff discussion followed regarding the cooperative agreement. It was moved by Thomas, seconded by Potts, to participate as a co-op entity under the County of Orange contract with Disposal Control Service, Incorporated, for hazardous material spill clean-up services, and that the City Manager be authorized to execute a letter of agreement. Motion carried 5-0. 400-70 REGULAR BUSINESS (ITEMS 16 THROUGH 32) 16. THE MCKINNEY ACT STRATEGY AS IT APPLIES TO MCAS TUSTIN Christine Shingleton, Assistant City Manager, reported that the Stewart B. McKinney Homeless Assistance Act of 1987 required that the Defense Department and other federal agencies give homeless assistance top priority consideration over other uses for transfer of surplus federally owned buildings or land which were determined to be suitable and available, and which were not needed by another federal agency, to accommodate the needs of the homeless. She stated the property may be leased or transferred under a grant deed to service providers including non-profit homeless providers, state and local governmental agencies, and other housing agencies. She said there were strict federal guidelines under which an applicant may qualify for operation and transfer of property as a homeless provider and those criteria included the financial ability of an operator: to maintain transferred property; to operate programs; to have adequate insurance; to document the need for a program; and the applicant's experience in operating similar programs. She stated recent efforts had occurred at the national level to modify the McKinney Act, primarily to be guided by a local community reuse plan. The House of Representatives adopted an amendment to the McKinney Act, placing part of the responsibility for compliance or accommodation of the homeless into the community's hands. She summarized the screening process the Department of Navy and Marine Corps would follow including: advertising base closure property to determine whether another federal department or military branch wished to use a portion of CITY COUNCIL MINUTES Page 5, 8-1-94 a closing facility; conducting a workshop for homeless providers to describe available property; notification of the Department of Housing and Urban Development (HUD) describing what property was available; publishing a notice of availability of such properties in the Federal Register; timeline for homeless providers to express interest in properties; review of applications by Health and Human Services (HHS) HHS recommendations for transfer submitted to the Secretary of the Navy to assign property to HHS for conveyance; and subsequent to McKinney screening, the local Reuse Authority could indicate an interest in the transfer of portions of the base not requested by either federal agencies or the homeless. She stated the City had met with the Orange County Homeless Services Coalition to achieve a consensus on an overall strategy regarding the McKinney Act. She noted that meetings had ceased the past few months because of significant disparities between what staff believed to be the need for balance in the Reuse Plan and a fair share accommodation for the homeless. The following members of the audience spoke in favor of the McKinney Act Strategy As It Applies to MCAS, Tustin: Jon Schlemmer, Orange County Homeless Services Coalition Tim Shaw, Orange County Homeless Issues Task Force Jack Miller, 17352 Parker Drive, Tustin Beverly Hatton, Serving People In Need The following member of the audience requested additional information regarding possible impacts on the community of McKinney Act compliance at MCAS, Tustin: Jerry Weil, Tustin Meadows Community Insight Committee representative Mayor Saltarelli encouraged renewed negotiations between staff and the Homeless Coalition to work toward a proposal acceptable to all groups involved and he noted the importance of the Education Coalition which could help the homeless become contributing members of society again. Mayor Pro Tem Potts stated he agreed that the Education Coalition would be beneficial to the homeless by teaching skills and offering trade schools. It was moved by Potts, seconded by Thomas, to concur with current McKinney Act compliance strategy. Councilmember Thomas supported the fair share unit approach and noted this was a regional issue and would need all 31 cities to become actively involved. Councilmember Worley stated that fair share was the key and she said she was optimistic that an agreement could be reached between all groups. Mayor Saltarelli stated that the critical issue was helping to move as many people through the units and back into society by education and re-training available through this program. pow Motion carried 5-0. 17. BALLOON FESTIVAL 150-50 Christine Shingleton, Assistant City Manager, reported that a License and Permit Board hearing had been scheduled for August 10, 1994, on this matter; affected Homeowner Associations had been notified of the hearing; and the applicant had submitted a completed application. Council/staff discussion followed regarding premature advertising of the festival; area residents voiced displeasure that they had not been contacted regarding the festival; area residents' concern with proposed parking areas; closing Pioneer to festival parking; the festival could be a good opportunity for the City; and non-profit groups such as the Boys and Girls Club of Tustin CITY COUNCIL MINUTES Page 6, 8-1-94 and TAFFY could set up booths at the festival. The following member of the audience spoke regarding the proposed Balloon Festival: John Korff, Korff Enterprises 160-70 18. ROLLER HOCKEY POTENTIAL AT COLUMBUS TUSTIN PARR Christine Shingleton, Assistant City Manager, reported that. at the July 5, 1994 meeting, Council requested alternate designs for location of a roller hockey facility at Columbus Tustin Park. She stated that roller hockey facilities could not be developed on the park site without a cooperative agreement and modification of the joint use agreement with the Tustin Unified School District. She said upon Council approval of a roller hockey site alternative, the next step would be to reach agreement with the school district. Council/staff discussion followed regarding a joint agreement between the school district and the City. Mayor Pro Tem Potts stated he supported Alternative III; encouraged the school district to work with staff on a roller hockey site at Columbus Tustin Park; believed that providing a roller hockey site would benefit the community's youth; and noted that Dr. Andrews preferred Alternative III because it was the site furthest away from the school. Mayor Saltarelli stated his support for Alternative III and also encouraged the school district to work with staff to provide a site for roller hockey. Councilmember Worley stated she supported Alternative III because of its location away from the school; and noted Dr. Andrews' support of Alternative III and his concerns of possible graffiti to the school if the hockey site was located closer to school grounds. The following member of the audience spoke regarding roller hockey noise level: Alex Reddin William Huston, City Manager, stated that upon Council direction, staff would contact the school board and initiate negotiations of a joint use agreement. Council/staff/speaker discussion followed regarding how the construction costs would be paid; vendor participation; adequate softball fields would prevent softball games from being displaced during construction of a roller hockey rink; short-term versus long-term concession agreement; leasing the property from the school district; property constraints would allow construction of one rink without impacting other programs on the site; and staff to submit update reports to Council. William Huston, City Manager, clarified that staff was requesting school district cooperation at this time and was not seeking funding. It was moved by Potts, seconded by Thomas, to begin negotiations immediately with the Tustin Unified School District to construct a roller hockey rink on Columbus Tustin Sports Field #1. Motion carried 5-0. 1020-35 The following members of the audience spoke in favor of locating a roller hockey rink in Tustin: Terri Neal, Parks and Recreation Commissioner Steve Horowitz, HHS Recreation -Services president CITY COUNCIL MINUTES Page 7, 8-1-94 19. AB 2196 - OPTIONS ON MUNICIPAL ELECTION DATES Councilmember Thomas reported that the State changed the primary election date to March in 1996 on a trial basis and he recommended changing the City's General Municipal Election to coincide with the State primary. He stated the change would save the City money and take advantage of increased voter turnout. He said that if the State decided to return to the June primary date in 1998, the City should continue to consolidate the municipal election with the State primary election. Mayor Pro Tem Potts stated that the State changing the primary election date to March on a trial basis was confusing and he said that until the State determined a permanent primary date, he supported the City's General Municipal Election remaining in April. Councilmember Worley stated she supported moving the City's election to March which would avoid having two elections two weeks apart. She said that the City should keep the municipal election date consolidated with the State. Mayor Pro Tem Potts requested that the public be allowed to comment on this item before Council took action; stated AB 2196 was confusing; and because of the increased amount of money that could be collected for candidate's campaigns, he was opposed to election consolidation. Mayor Saltarelli stated that November elections provided the best voter turnout, but he said he supported moving the municipal election to March because it would be a hardship on voters to vote in the State primary in March and a City election in April. He noted that the date change would save the City approximately $20,000.00. Councilmember Thomas stated that the City could try conducting the municipal election in March until 1998 and if the State moved their primary date after 1998, the City could decide at that time to remain consolidated with the State or have a separate City election. It was moved by Thomas, seconded by Worley, to move the date of the City's General Municipal Election to the date of the statewide direct primary which in 1996 will be held in March. The following member of the audience requested Council allow public input at a future meeting; and supported a November election date: Alex Carrassi, 17961 Arbolata, Tustin Mayor Potts and Councilmember Doyle requested allowing the public to discuss this issue at a future Council meeting. Lois Jeffrey, Interim City Attorney, stated that an ordinance would be presented at a future Council meeting proposing the election date change and the public would have an opportunity to discuss the issue at that time. As amended motion, it was moved by Thomas, seconded by Worley, to introduce an ordinance at a future Council meeting changing the date of the City's General Municipal Election to the date of the statewide direct primary which in 1996 will be held in March. Amended motion carried 5-0. 450-50 RECESS - The meeting was recessed at 8:55 p.m. and reconvened at 9:05 p.m. 20. ORDINANCE BANNING GIFTS OF $250 OR MORE Mayor Pro Tem Potts requested that because of continued citizen interest and questions on the subject, this item be continued to the August 15, 1994 Council meeting. CITY COUNCIL MINUTES Page 8, 8-1-94 Councilmember Doyle requested the County, of Orange's ordinance be incorporated into the City's ordinance. William Huston, City Manager, clarified that the first draft of the proposed ordinance had been the County of Orange's ordinance verbatim, and that this ordinance was a third draft. Council discussion followed regarding making additional changes to the proposed ordinance; and re -visiting the County of Orange's ordinance. Councilmember Worley stated she did not support discussing the County of Orange's ordinance again. She stated she had received mail supporting the County of Orange's ordinance; she believed that the County's ordinance was too restrictive and could prevent Council's attendance at certain events, lunches, or dinners; the proposed ordinance was similar to restrictions on State officers; she stated an elected official should not have to use their own assets when discussing City business; she was opposed to forcing Councilmembers to pay for every meal, seminar or conference where City business would be discussed; and a more restrictive ordinance was an overreaction and would make Council's job too difficult. Councilmember Thomas noted that Council had agreed upon the changes incorporated in the proposed ordinance unanimously at a past meeting. He stated he supported banning gifts of $250.00 or more. It was moved by Worley, seconded by Thomas, to approve the following Ordinance No. 1129 banning the acceptance of gifts by City Officers and Designated Employees aggregating $250.00 or more: ORDINANCE NO. 1129 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REGARDING RESTRICTIONS ON GIFTS The following member of the audience spoke in support of a gift ban ordinance: Stanley Miller, 17401 Village Drive, Tustin Mayor Saltarelli stated that the reason for a gift limit was for the protection of the elected official; noted the numerous times he had paid for lunches or dinners; and stated he supported the proposed ordinance. Motion carried 3-2, Potts, Doyle opposed. 445-05 Mayor Pro Tem Potts stated that a restrictive gift ban ordinance would help prevent a Council/Commissioner from being persuaded by expensive gifts, dinners, or campaign donations. He stated the $175.00 a month Council expense money was more than adequate to cover business lunches or meetings and encouraged Council to conduct business meetings in their City Hall offices. He said he was hopeful that a future Council would enact a stricter gift ban ordinance. Council discussion followed regarding Council salaries had not been increased for several years; elected positions should not require Councilmembers to spend their own money for meetings when discussing City business; a stricter ordinance could affect Council's attendance at important meetings, openings, or seminars; conduct meetings in Council offices rather than meeting for lunch or dinner; and Council should be available to residents/applicants to discuss matters impacting the City and lunch/dinner meetings allowed time necessary to spend on important issues. 21. ORDINANCE NO. 1134, SMOKING RESTRICTIONS Council/staff discussion followed regarding AB 13 would go into effect January 1, 1995 and the City's ordinance would be'reviewed at that time. CITY COUNCIL MINUTES Page 9, 8-1-94 It was moved by Worley, seconded by Potts, that Ordinance No. 1134 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1134 by the Deputy City Clerk, it was. moved by Potts, seconded by Worley, to adopt the following Ordinance No. 1134: ORDINANCE NO. 1134 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 2 OF CHAPTER 1 OF ARTICLE 4 OF THE TUSTIN CITY CODE REGARDING SMOKING Motion carried 4-1, Doyle opposed (roll call vote). 240-70 Councilmember Doyle noted inconsistencies in AB 13 regarding free standing bars and a smoke-free environment. 22. ORDINANCE REQUIRING THAT PROPOSALS FOR THE ANNUAL INDEPENDENT AUDIT BE REQUESTED AT LEAST EVERY FIVE YEARS Mayor Pro Tem Potts stated that this practice had been utilized in the past; however, he requested an ordinance stipulate proposals for the annual independent audit be requested every five years, excluding the current auditor from the proposal process. Councilmember Thomas said that the Audit Committee put the independent audit out for bid as a standing practice and that they had requested automatic rotation of the auditors. Council/staff discussion followed regarding the Audit Committee's recommendation would allow new auditors every five years; and modifying ordinance language to exclude current auditors from the bid process. It was moved by Potts, seconded by Thomas, to approve the following Ordinance No. 1135, as modified to exclude current auditors participating in the Request for Proposal process: ORDINANCE NO. 1135 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO AN ANNUAL INDEPENDENT AUDIT Motion carried 5-0. 310-05 23. SOLICITATION OF OCCUPANTS OF MOTOR VEHICLES Lois Jeffrey, Interim City Attorney, reported that this ordinance was a proposed public safety measure which was recently upheld by the Appellate Court and it would allow the City to regulate solicitation of occupants of motor vehicles. Council/staff discussion followed regarding enforcement procedures; and including in the ordinance solicitation in commercial parking lots. It was moved by Potts, seconded by Doyle, to direct staff to modify the proposed ordinance to include commercial parking areas. Motion carried 5-0. 390-35 r•- 24. TERM LIMITS FOR PLANNING COMMISSIONERS AND PARKS COMMISSIONERS Mayor Pro Tem Potts stated he supported three full consecutive terms for Planning and Parks and Recreation Commissioners, and if a commissioner wanted to apply for the position again after three consecutive terms, the Commissioner must sit out two years to be eligible for reappointment. He stated this would encourage new people to participate and serve the City. It was moved by Potts, seconded by Worley, to approve the following Ordinance No. 1137: ORDINANCE NO. 1137 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING TERM LIMITATIONS FOR PLANNING COMMISSIONERS AND FOR MEMBERS OF THE PARKS AND RECREATION COMMISSION CITY COUNCIL MINUTES Page 10, 8-1-94 Motion carried 5-0. 120-05 25. AUTHORIZATION TO INITIATE NEGOTIATIONS FOR A COMMUTER RAIL STATION It was moved by Potts seconded by Worley, to authorize the Assistant City Manager to initiate negotiations for purchase acquisition or long term lease for a commuter rail station site with Kemper Real Estate, the property owners of Jamboree Plaza. Christine Shingleton, Assistant City Manager, reported the City would be initiating negotiations for acquisition of a commuter rail station at the northwest corner of Edinger and Jamboree Road. The site provided a 300-400 parking space parking lot and necessary amenities to facilitate a rail station location. She stated the construction of the project was estimated at approximately $5.5 million. She noted a current funding gap of approximately $2.6 million; potential funding sources; and City of Irvine involvement in the project. Council/staff discussion followed regarding the City of Irvine contribution; and notifying the Peppertree and Tustin Meadows Homeowners Associations regarding the status of commuter rail station negotiations. Motion carried 5-0. 690-50 26. AIRPORT STATUS REPORT - DRAFT ENVIRONMENTAL IMPACT REPORT FOR AIR CARGO OPERATIONS It was moved by Thomas, seconded by Potts, to receive and file subject report. Motion carried 5-0. 690-10 27. APPLICATION FOR ALLOCATION OF MORTGAGE CREDIT CERTIFICATES Christine Shingleton, Assistant City Manager, reported that the Federal Government allocated a set amount of mortgage authorization for each state and California, in turn, sub - allocated this authority to local jurisdictions. She stated that the application, which the County was filing, was to the California Debt Limit Advisory Committee, who had the authority in California to allocate this State's share of mortgage amounts to local agencies. She said that in September 1993, the City of Tustin joined other cities and the County in receiving an allocation for this program, and noted the allocation was almost depleted and the County was preparing an application for a new allocation. It was moved by Potts, seconded by Doyle to adopt the following Resolution No. 94-94, adopting a Mortgage Credit Certificate Program: RESOLUTION NO. 94-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF ORANGE Motion carried 5-0. 28. OLD TOWN ENTRY SIGN 650-05 Christine Shingleton, Assistant City Manager, reported Phil Cox appeared before Council at the July 18, 1994 meeting requesting support from Council to place new historical entry signs he had designed for the Old Town area. She said that the existing signage was ineffective and a new concept for entry signs was needed. She not that staff would be studying comprehensive design issues for the downtown area and she suggested staff meet with Mr. Cox to work in context with the urban design study. Mayor Saltarelli noted that Mr. Cox had submitted a petition signed by downtown business and property owners supporting Old Town Tustin motorist information signs. CITY COUNCIL MINUTES Page 11, 8-1-94 Mayor Pro Tem Potts noted his opposition to budgeting $50,000.00 in the 1994-95 budget to retain an urban design professional and supported giving Mr. Cox an opportunity to design Old Town signs. Mayor Saltarelli clarified that the $50,000.00 was to retain urban design professionals to work with staff and the community to develop urban design guidelines for Old Town. The following members of the audience spoke in favor of installing Old Town Entry Signs. Phil Cox, 435 E1 Camino Real, Tustin David Vandaveer, 1151 Walnut #98, Tustin Paul Berkman, 158 W. Main, Tustin Council/staff discussion followed regarding the community working with staff on Old Town signs and design guidelines for building signage, streetscape design, and new building construction; and a Town Hall meeting was scheduled for September 12, 1994. Councilmember Doyle stated that it was necessary to immediately erect Old Town entry signs to bring people into the downtown area to patronize Old Town businesses. Council/staff/speaker (Cox) discussion followed regarding erecting signs before urban design guidelines were finalized; signage lifespan; involving the Cultural Resources Advisory Committee in the urban design guidelines; and the urban design concept would involve extensive public participation. It was moved by Potts, seconded by Thomas, to authorize new signage for Old Town; and authorize $50,000.00 to retain urban design professionals. Motion carried 5-0. 680-20 29. INITIATION OF ANNEXATION NO. 155 - 13331 FOOTHILL BOULEVARD Christine Shingleton, Assistant City Manager, reported staff had a proposal to renovate the Rawlings Reservoir which was located in the County unincorporated area. She said in order to streamline the permit processing and to eliminate the need to deal with two jurisdictions (County of Orange and City of Tustin), it was recommended that the adjacent parcels (13331 Foothill Boulevard) be annexed to the City. It was moved by Thomas, seconded by Worley, to initiate Annexation No. 155 by adoption of the following Resolution No. 94-90: RESOLUTION NO. 94-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, INITIATING APPLICATION FOR THE UNINHABITED ANNEXATION OF TERRITORY KNOWN AS ANNEXATION NO. 155 (13331 FOOTHILL BOULEVARD) Motion carried 5-0. It was moved by Potts, seconded by Worley, to confirm the Master Property Tax Transfer Agreement by adoption of the following Resolution No. 94-91: RESOLUTION NO. 94-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE APPLICATION OF THE MASTER PROPERTY TAX TRANSFER AGREEMENT TO THE PROPOSED ANNEXATION NO. 155 ( 13331 FOOTHILL BOULEVARD) Motion carried 5-0. 625-30 30. COUNTY LIBRARY Councilmember Worley requested that staff and a member of Council meet with John Adams, County Librarian, to discuss alternatives to expand the City's library hours. 4 CITY COUNCIL MINUTES Page 12, 8-1-94 Council/staff discussion followed regarding possible staffing options including use of senior citizens. Council concurred to appoint Councilmember Worley to meet with John Adams, County Librarian. 910-30 31. AWARD OF CONTRACTS - LANDSCAPE MAINTENANCE AND CUSTODIAL SERVICES William Huston, City Manager, reported that due to fiscal constraints and in order to reduce operating costs thereby generating additional income for capital projects, staff was recommending contracting landscape maintenance and custodial services. It was moved by Thomas, seconded by Worley, to approve an agreement with California Landscape Maintenance, Inc. for landscape maintenance services and an agreement with Pacific Building Care for custodial services. Both agreements were for a two-year period. Councilmember Thomas stated that he supported privatization. He said that by awarding these contracts, staff would continue routine maintenance and handling emergency situations, and approval of the contracts would provide additional income for capital projects by saving approximately $247,000.00. He encouraged investigating other areas where privatization could be utilized. Council/staff discussion followed regarding City crews would continue to handle emergency situations; and weeds along the East Tustin bike trail would be removed within a month. Motion carried 5-0. 400-10 32. ADDING ITEM TO THE AGENDA CORRECTING RESOLUTION 94-89 REGARDING BALLOT ARGUMENTS Lois Jeffrey, Interim City Attorney, reported that specific provisions regarding rebuttal arguments had not been included in Resolution No. 94-89. She said that because of tight deadlines for completing the ballot arguments, and that this came to the attention of staff after the agenda was posted, there was a need to take immediate action. was moved by Potts, seconded by Thomas, to agendize this subject as an emergency item. Motion carried 5-0. It was moved by Thomas, seconded by Worley, to approve the following Resolution No..94-99: RESOLUTION NO. 94-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CORRECTING RESOLUTION NO. 94-89, NUNC PRO TUNC, AS IF SAID CORRECTIONS WERE ORIGINALLY INCORPORATED INTO RESOLUTION NO. 94-89 Motion carried 5-0. 450-50 PUBLIC INPUT - None OTHER BUSINESS TASTE OF TUSTIN Councilmembers Doyle, Thomas, and Worley, and Mayor Saltarelli commented on the success of the Taste of Tustin event. SANTA ANA POLICE DEPARTMENT MEMORIAL Councilmember Doyle noted his attendance at the dedication of a memorial honoring slain Santa Ana Police Officers. CITY COUNCIL MINUTES Page 13, 8-1-94 _ COLUMBUS TUSTIN GYMNASIUM ALARM SYSTEM Councilmember Doyle questioned whether the new Columbus Tustin Gym would have an alarm system. William Huston, City Manager, responded that an alarm system would be installed by the gym's opening. CONDITION OF BUS STOP - NISSON ROAD Mayor Pro Tem Potts stated he had received a citizen complaint about the poor condition of the bus stop on Nisson Road between Red Hill and Newport Avenues. EAST TUSTIN BIKE TRAIL Mayor Pro Tem Potts requested agendizing at the August 15, 1994 Council meeting alternatives to open a closed section of the East Tustin bike trail. COMPUTER SECURITY Councilmember Thomas requested a report regarding the City's computer security system. INACCURATE FLYER CIRCULATED IN TUSTIN MEADOWS Councilmember Thomas noted he had received citizen calls regarding an inaccurate flyer circulated in Tustin Meadows that stated all trees were to be removed near Centennial Park; he clarified that only five trees causing property damage were removed and he stated that replacement trees would be planted. Mayor Saltarelli stated he had also received numerous telephone calls regarding the flyer. BUSINESS LICENSE AMNESTY PROGRAM Councilmember Thomas noted the success of the Business License Amnesty Program. COUNCIL MEETING CURFEW Councilmember Thomas requested agendizing at the August 15, 1994 meeting, a Council meeting curfew time. THREE-MINUTE PUBLIC INPUT LIMIT Councilmembers Thomas and Worley supported the three-minute public input speaker limit. REDEVELOPMENT CONFERENCE Councilmember Worley noted her attendance at the recent Redevelopment Conference and meeting Santa Ana Mayor Dan Young. CLOSED SESSION - None 7 ADJOURNMENT i Mayor Saltarelli adjourned the meeting at 10:30 p.m. The City Council had scheduled a budget workshop to be held on August 15, 1994, 5:30 p.m., at the City Council Chambers. The next regular meeting of the City Council was scheduled for Monday, August 15, 1994, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. b THOMAS R. SALT] LLI, MAYOR MARY E.NN, CITY CLERK