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HomeMy WebLinkAboutCC 1 MINUTES 07-02-90I. II. Y---"LTTES OF A REGULAR MEETING THE CITY COUNCIL OF THE C1TY OF TUSTIN, CALIFORNIA JUNE 18, 1990 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Edgar at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilmember Pontious. INVOCATION The Invocation was given by Henry Sellers, Pastor of the First Baptist Church of Tustin. III. ROLL CALL IV. V. Council Present: Richard B. Edgar, Mayor Leslie Pontious Jim Potts Earl J. Prescott Council Absent: Charles E. Puckett, Mayor Pro Tem Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Rita Westfield, Asst. Dir./Community Development W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Royleen White, Dir./Community & Admin. Services Susan Jones, Recreation Superintendent Susan Tebo, Senior Planner Steve Rubin, Associate Planner Paula Rankin, Associate Planner Valerie Whiteman, Chief Deputy City Clerk Approximately 120 in the audience PROCLAMATIONS - IRVINE SPECTRUM LEADERSHIP AWARD RECIPIENTS, ROBERT KOVACEV AND DONALD SALTARELLI, JR. Mayor Edgar read and presented a proclamation to Robert Kovacev, representing Foothill High School and Donald Saltarelli, Jr., representing Tustin High School, in recognition of their recent Irvine Company Spectrum Leadership Awards. The awards were based on leadership, scholastic achievement, school activities and community involvement. Donald Saltarelli, Jr. expressed his appreciation for the honor and noted the proclamation, containing several great "whereases", would be prominently displayed. MAN AND WOMAN OF THE YEAR, 1989 Mayor Edgar mentioned that on June 9, 1990, he had been privileged to present proclamations from the City to Gene Thomas, Man of the Year, and Margarete Thompson, Woman of the Year. PUBLIC HEARINGS 1. RECOVERY OF CITY INCURRED COSTS OF A NOTICE TO CLEAN PREMISES AT 13142 SILVER BIRCH DRIVE Susan Tebo, Senior Planner, reported on the noticing procedure and recovery of City incurred costs for clearing property at 13142 Silver Birch Drive. Mayor Edgar opened the Public Hearing at 7:05 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Pontious, seconded by Potts, to adopt the following Resolution No. 90-67 approving a special assessment of one hundred ten dollars and seventy-three cents ($110.73): CITY COUNCIL MINUTES Page 2, 6-18-90 RESOLUTION NO. 90-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ASSESSING THE PROPERTY LOCATED AT 13142 SILVER BIRCH DRIVE FOR THE COST INCURRED BY THE CITY FOR THE NOTICE TO CLEAN PREMISES Motion carried 4-0, Puckett absent. 2. DECLARATION OF PUBLIC NUISANCE - 140 NORTH "A" STREET Susan Tebo, Senior Planner, gave a background report concerning complaints and noticing timelines for clearing subject property. She noted that when the elderly property owner failed to clear the site, staff contacted the Adult Protective Services for assistance. It was determined that the occupants were a functioning household and the owner was well taken of and in fair health. In addition, Adult Protective Services had offered assistance to clean the site, but the property owner had declined. Staff was concerned that the problem would continue to exist. Upon adoption of the Resolution and if the property remained a public nuisance, staff would again contact Adult Protective Services to investigate alternatives due to the age of the property owner. Mayor Edgar opened the Public Hearing at 7:10 p.m. -- The following members of the audience spoke in opposition to adoption of Resolution No. 90-66 declaring the subject property a public nuisance: Steven Sparling, 135 No. "A" Street, Tustin Catherine Burnett, 155 North "A" Street, Tustin (submitted plan to resolve problem through volunteer task force) Daniel Bigos, 168 North "A" Street, Tustin Mayor Edgar explained that the City's role in property maintenance should never be one of judging quality. But there were circumstances where residents, for various reasons, did not maintain property to health and safety standards. The City then committed a disservice to the community as a whole if corrective measures were not taken. Councilmember Prescott stated he was upset because there was no legal representation for the 91 year old property owner and he suggested the hearing be continued until representation could be arranged. Councilmember Potts thought the problem could easily be solved if the neighbors, as they indicated, were concerned enough to assist with clearing the property and the City would not be forced to proceed. The following members of the audience spoke in favor of adopting Resolution No. 90-66 declaring the subject property a public nuisance: Ann Axelson, "A" Street, Tustin Linda Barry, "A" Street, Tustin There were no other speakers on the subject and the Public Hearing was closed at 7:30 p.m. Mayor Edgar said it appeared there were a significant number of neighbors willing to participate in correcting the problem and he supported continuance of the matter. It was moved by Edgar, seconded by Potts, to continue this matter to the August 6, 1990 City Council meeting, allowing the neighborhood time to correct the health and safety problems at 140 North "A" Street. Councilmember Pontious applauded the efforts of the neighbors and encouraged the same type of community spirit to grow throughout the City. She requested the local newspapers publicize the activity in the hopes of receiving additional assistance. CITY COUNCIL MINUTES Page 3, 6-18-90 Councilmember Prescott, as an amendment to the motion, requested that if the matter was returned for public hearing, the City would provide legal representation for the property owner. Motion with amendment carried 4-0, Puckett absent. 3. APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 90-08 Mayor Edgar explained this issue related to a multi -family structure on Pasadena Avenue that impacted many residents on Myrtle Avenue. There had been a meeting on June 7, 1990, between the developer and residents which resulted in no compromise. He felt it was appropriate to allow more time to reach a solution. Rita Westfield, Assistant Director of Community Development, reported that staff had received a letter from the applicant's attorney requesting continuance to the July 2, 1990 City Council meeting. Councilmember Pontious requested that another workshop be held between the developer and the residents. Council concurred and the workshop date was set for June 21, 1990. Steve Rubin, Associate Planner, updated the Council on the various proposals that had been presented by the developer and residents at the workshop on June 7, 1990. Mayor Edgar opened the Public Hearing at 7:40 p.m. The following members of the audience spoke in opposition to approving Conditional Use Permit 90-08: Dean Karels, 17191 Corla Avenue, Tustin Sandra Zukowsky, 15641 Myrtle Avenue, Tustin Paul Zukowsky, 15641 Myrtle'Avenue, Tustin David Weresby, 15662 Myrtle Avenue, Tustin (name inaudible), 15622 California Street, Tustin It was moved by Edgar, seconded by Pontious, that this item be continued to the July 2, 1990 City Council meeting and a joint developer/resident workshop be held on June 21, 1990, at 7:30 p.m. Council/City Attorney discussion followed regarding the position of the developer's bank on approving project changes. Councilmember Pontious requested that future staff reports clarify distance references of "unit" and "feet". Motion carried 4-0, Puckett absent. 4. URGENCY ORDINANCE FOR CITY-WIDE INTERIM ZONING REGULATIONS FOR THE SITING OF HAZARDOUS WASTE FACILITIES Rita Westfield, Assistant Director of Community Developer, reported that Tanner Bill 2948, known as the Hazardous Waste Management Plan, imposed significant requirements on local government for managing, siting and planning of future handling, disposal and treatment of hazardous waste. Staff recommended approval of Urgency Ordinance No. 1045 as an interim measure in response to the legal requirements of the new legislation. Staff felt it was imperative for the City's legal protection that hazardous waste siting be addressed as soon as possible. Failure to have a currently adopted ordinance would limit the City's ability to control location and development standards related to hazardous waste facilities. Mayor Edgar opened the Public Hearing at 7:55 p.m. There were no speakers on the subject and the Public Hearing was closed. CITY COUNCIL MINUTES Page 4, 6-18-90 William Huston, City Manager, in response to Councilmember Prescott Is comment that this was the first time Council had taken action on this matter, stated that the City Council had previously taken action authorizing the County to submit a plan to the State on the City's behalf. Because the State rejected the County plan and the City did not want to be unprotected until the anticipated State approval in September, adoption of the interim ordinance was recommended. It was moved by Potts, seconded by Pontious, that Urgency Ordinance No. 1045 have first reading by title only. Motion carried 4-0, Puckett absent. Following first reading by title only of Urgency Ordinance No. 1045 by the City Clerk, it was moved by Prescott, seconded by Pontious, that Urgency Ordinance No. 1045 be introduced. Motion carried 4-0, Puckett absent. It was moved by Potts, seconded by Pontious, that Urgency Ordinance No. 1045 have second reading by title only. Motion carried 4-0. Puckett absent. Following second reading by title only of Urgency Ordinance No. 1045 by the City Clerk, it was moved by Pontious, seconded by Potts, that the following Urgency Ordinance No. 1045 be passed and adopted: ORDINANCE NO. 1045 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING CITY-WIDE INTERIM ZONING REGULATIONS FOR THE SITING OF HAZARDOUS WASTE FACILITIES Motion carried 4-0, Puckett absent. (Roll call vote) VI. PUBLIC INPUT 1. PARKING RESTRICTIONS - IRVINE BOULEVARD/PALMWOOD CONDOMINIUMS Monta Lee Harvey, 17908 Irvine Blvd., Tustin, representing the Palmwood Homeowners Association, requested removal of "No Parking" signs and parking restrictions on the south side of Irvine Boulevard in the 17800-17900 block approximately 1,000 feet east of Prospect and submitted a petition to the City Council accordingly. Robert Ledendecker, Director of Public Works, stated staff would investigate the concern and report back to the Council on July 2, 1990. 2. COYOTE PUBLIC AWARENESS PROGRAM Laurel Stanford, 14442 Pinebrook, Tustin, expressed concern over the presence of coyotes in the southeast corner of the City. She stated the coyotes were being forced out of their usual habitat due to the Tustin Ranch and Caltrans construction projects and requested the City and local newspapers begin a public awareness program to alert residents. William Huston, City Manager, stated coyotes had begun to appear last summer due to drought and development conditions. He reported there was an Orange County brochure available regarding coyotes and the City would publicize the information. 3. AIDS WALK - ORANGE COUNTY Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin, thanked her supporters who committed donations for AIDS Walk, Orange County. 4. CITY BARRICADES/DUMPSTER FOR "A" STREET BLOCK PARTY Daniel Bigos, 168 North "A" Street, Tustin, reported his neighborhood would be having a "block party" on July 21, 1990, and requested use of City barricades and dumpster. CITY COUNCIL MINUTES Page 5, 6-18-90 ;. CONSENT CALENDAR Item No. 14 was removed from the Consent Calendar by Glen Almquist. It was moved by Pontious, seconded by Potts, to approve the remainder of the Consent Calendar. Councilman Prescott requested the press publicize the creation of an Ad Hoc Child Care Committee (Item No. 6). Motion carried 4-0, Puckett absent. 1. APPROVED MINUTES - JUNE 41 1990, REGULAR MEETING 2. APPROVED DEMANDS IN THE AMOUNT OF $6,177,519.01 RATIFIED PAYROLL IN THE AMOUNT OF $247,938.46 3. AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL 1990-91 Authorized the City Manager to continue fiscal operations for 1990-91 at an appropriation level not to exceed that of 1989- 90 until such time as the budget process can be completed. 4. REJECTION OF CLAIM NO. 89-52 - CLAIMANT, NICK DRAGONOV; DATE OF LOSS, 12/15/89; DATE FILED WITH CITY, 12/27/89 Rejected subject claim for general and property damages in the amount of $1,014.26. 5. REJECTION OF CLAIM NO. 90-15 - CLAIMANT, RHODANNE AND ROBERT FOY; DATE OF LOSS, 12/21/89; DATE FILED WITH CITY, 5/1/90 Rejected subject claim for personal damages in the amount of $1,150,000.00. 6. ESTABLISHMENT OF AN AD HOC CHILD CARE COMMITTEE Directed staff to establish an Ad Hoc Child Care Committee, as recommended by the Parks and Recreation Commission. The Committee shall be comprised of community members such as appointed or elected officials, Councilmembers, Commissioners, local child care professionals, City and school district staff, business representatives, parents and social services agency representatives. The mission of the Ad Hoc Committee would be to develop a comprehensive report on Child Care needs and resources in the Tustin area. 7. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND RELEASES, TRACT NO. 13161 Accepted the public improvements related to Tract No. 13161 and authorized the release of the following bonds: Faithful Performance No. 962428S, $25,000.00; Labor and Materials No. 962428S, $12,500.00; Faithful Performance No. 963821S, $197,800.00; Labor and Materials No. 963821S, $98,900.00; and Monumentation Bond No. 962429S, $3,000.00. 8. RESOLUTION NO. 90-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, INFORMING THE ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE OF THE STATUS OF THE CITY OF TUSTIN MASTER PLAN OF ARTERIAL HIGHWAYS Adopted Resolution No. 90-68 informing the Orange County Arterial Highway Financing Program Advisory Committee of the status of the City of Tustin Master Plan of Arterial Highways. 9. SOUTHERN CALIFORNIA EDISON CO. AGREEMENT FOR INSTALLATION AND CONVEYANCE OF FACILITIES Approved the Southern California Edison Company agreement for installation and conveyance of facilities along Jamboree Road between Tustin Ranch Road and the northerly City limits within Assessment District No. 86-2 and authorized the Mayor to execute said agreement. 10. RESOLUTION NO. 90-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR THE EL MODENA/IRVINE CHANNEL IMPROVEMENTS INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Adopted Resolution No. 90-69 certifying the Final Negative Declaration as adequate for the E1 Modena/Irvine Channel CITY COUNCIL MINUTES Page 6, 6-18-90 Improvements including the required findings pursuant to the California Environmental Quality Act. 11. PROFESSIONAL SERVICES AGREEMENT WITH ARROYO ASSOCIATES Directed staff to execute agreement between the City and Arroyo Associates. 12. GENERAL FUND LOAN TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY - SOUTH CENTRAL PROJECT AREA Authorized the Mayor/RDA Chairperson to sign the proposed Agreement loaning the South Central Project Area $500,000 from the City's General Fund and authorized the Treasurer to transfer the funds prior to June 30, 1990. 13. RESOLUTION NO. 90-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF THE THIRD SUPPLEMENTAL INDENTURE OF TRUST AND AUTHORIZING CERTAIN RELATED MATTERS Adopted Resolution No. 90-65 authorizing the execution and delivery of the Third Supplemental Indenture of Trust and authorizing certain related matters. 15. RESOLUTION NO. 90-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE PLANNING COMMISSION DECISION ON CONDITIONAL USE PERMIT 90-1 TO ALLOW A 35 FOOT HIGH, 50 SQUARE FOOT IDENTIFICATION POLE SIGN Approved Resolution No. 90-52 as submitted. 16. APPROVAL OF THE CITY OF TUSTIN'S ANNUAL INVESTMENT POLICY Approved the City of Tustin's Statement of Investment Policy for the fiscal year 1990-91. CONSENT CALENDAR ITEM NO. 14 - VESTING TENTATIVE TRACT MAP NO. 14188 Paula Rankin, Associate Planner, reported on this project which involved the subdivision of a tract of land in East Tustin for the development of 57 single-family dwellings. Glen Almquist, 2281 Pavillion Drive, Santa Ana, voiced his complaint against the criteria for the height of the single -story homes of the subject development. James Rourke, City Attorney, stated Design Review was the proper forum where the design of the homes was addressed. It was unfortunate that the speaker had not pursued available procedures during Design Review, but approval of the Tentative Tract Map was not the place to decide on the design of the homes. Mayor Edgar requested The Irvine Company meet with the speaker in an attempt to alleviate his concerns. Councilmember Potts stated that in this case, after reviewing the project information, he felt the developer had compromised extensively to accommodate the existing residents. It was moved by Prescott. seconded by Pontious, to approve the Environmental Determination for the project by adopting the following Resolution No. 90-70; and approve Vesting Tentative Tract Map No. 14188 by adopting the following Resolution No. 90-71: RESOLUTION NO. 90-70 - 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. 14188 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 90-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 14188 Motion carried 4-0, Puckett absent. CITY COUNCIL MINUTES Page 7, 6-18-90 :I. ORDINANCES FOR INTRODUCTION - None IX. ORDINANCES FOR ADOPTION - None X. OLD BUSINESS 1. PLANNING COMMISSION APPOINTMENT Councilmember Prescott said Councilmembers in neighboring cities made individual appointments to Planning Commissions, however, in Tustin appointments were made by the collective majority of the Council. He questioned whether the new Council desired to maintain that policy or adopt a policy allowing individual Councilmembers to appoint a Planning Commissioner and thereby recognizing the Council minority. Councilmember Prescott's motion to vote on the continuance or discontinuance of the current Planning Commission appointment policy and appoint Planning Commissioners on July 2, 1990, died for lack of a second. Mayor Edgar expressed his preference for electing Planning Commissioners at large because he did not want Commissioners having an allegiance to specific Councilmembers. - Councilmember Pontious agreed and felt it was unhealthy for a Commissioner to feel obligated to one person or one set of ideas. While it may not have effected her decision making as a Commissioner, it would have made some decisions more difficult to reach. Councilmember Potts wanted to compromise and appoint two Planning Commissioners because he was uncomfortable with one current member of the Planning Commission remaining in office until February. Council/staff discussion followed regarding number of votes required to appoint a Planning Commissioner. The Council cast their ballots for the following candidates: John Norman Butler, Rex Combs, Marjorie Kasalek and Dennis Pedersen. The votes were as follows: Edgar: Kasalek Pontious: Kasalek Potts: Kasalek Prescott: Butler The newly elected Planning Commissioner was Marjorie Kasalek (3 votes) . NEW BUSINESS 1. SOUTHWEST NEIGHBORHOOD IMPROVEMENT PROGRAM Rita Westfield, Assistant Director of Community Development, recommended, in conjunction with the Police Department, that the City Council schedule a study workshop on July 2, 1990. She said the issue of overcrowding was presented to the Council on May 7, 1990, during the Public Input portion of their meeting. Various staff members had met, discussed the issues, and would present approximately 22 complex factors to the Council for review. Council concurred to conduct a study workshop on July 2, 1990, at 5:30 p.m. 2. PUBLIC HEARING NOTICING PROCEDURE Rita Westfield, Assistant Director of Community Development, reviewed the current public hearing noticing procedures: (1) notice is mailed to all property owners within 300 feet of the subject site, (2) notice is published in a newspaper of general circulation, (3) notice is posted in three public places and (4) property is physically posted with a copy of the notice of CITY COUNCIL MINUTES Page 8, 6-18-90 hearing. It had been requested by a Planning Commissioner that renters within 300 feet radius also be noticed. Staff was concerned with this possible requirement because of the cost, time, and difficulty in maintaining a current noticing list for renters. Councilmember Prescott was in favor of continuing the present policy provided that lists were re -checked to prevent noticing errors, such as that which occurred with the Pasadena Avenue apartment complex project. Councilmember Potts, referencing the Pasadena Avenue project, clarified that it was not the City's responsibility; the builder had signed an affidavit. If the Council took additional action, it could be construed as admitting responsibility which, in this case, he did not feel was accurate. Mayor Edgar said it was critical to understand in detail the noticing procedure and establish a rigid system to confirm all legal requirements were met. He thought, on an informal basis such as on-site posting, noticing renters would be a good idea. Council concurred to direct staff to submit a formalized public hearing noticing policy and identify informal renter notification procedures. - 3. FINANCIAL ASSISTANCE - TUSTIN HIGH SCHOOL GRAD NITE COMMITTEE Dr. Tom Aufdemberg, Chairman of the Tustin High School Grad Nite Committee, reported on the successful completion of Tustin High School's recent Grad Nite. He noted that changing community demographics compelled the committee to attempt lowering the expenses to the students and was the basis for requesting financial aid from the City. Council/speaker discussion followed regarding number of students served, funding sources for Grad Nite, matched funding with the Tustin Unified School District and City revenue sharing. The following member of the audience questioned the legality of funding Grad Nite functions with City monies: Al Shifberg-Mencher, 16282 Main St. #3B, Tustin Mayor Edgar stated that during recent budget sessions, it had been suggested that beginning next year the Council direct staff to identify a specific amount of money for community assistance and groups who qualify legally would be given an opportunity to vie for financial assistance. James Rourke, City Attorney, responding to the legality of financial assistance for Grad Nite, stated that in order for financial aid to be legal the City Council had to determine that it was of benefit to the residents of Tustin based solely on health, safety, and welfare factors. Council/speaker/staff discussion followed regarding danger posed to students on their graduation night and equal assistance for Tustin High School and Foothill High School. It was moved by Edgar, seconded by Pontious, to appropriate $1,000 to Tustin High School Grad Nite Committee and $1,000 to Foothill High School Grad Nite Committee, providing all legal requirements were satisfied. Council discussion followed regarding proportionate funding between Tustin and Foothill High Schools and donating unsolicited money to Foothill High School. As a substitute motion, it was moved by Prescott, seconded by Pontious, that this matter be continued to July 2, 1990, and staff submit all required findings and proposals for equitable division of funds. Substitute motion carried 4-0, Puckett absent. CITY COUNCIL MINUTES Page 9, 6-18-90 4. AUTOMATIC FIRE SPRINKLER - RESIDENTIAL RETROFIT Rita Westfield, Assistant Director of Community Development, reported that during the Public Input section of the May 21, 1990 City Council meeting, the Council was requested to consider an ordinance mandating retroactive installation of automatic fire sprinklers in apartment buildings. The City Council had directed staff to report back on the present requirements and survey other Orange County cities regarding retrofitting of fire sprinklers. She reviewed the present requirements under the 1988 Uniform Fire and Building Codes and noted that based on a recent opinion issued by the State Attorney General, it was determined that local agencies were precluded from adopting building standards which were more stringent, such as retrofitting, than those adopted by the State Fire Marshall. Council/staff discussion followed regarding results of Orange County cities' survey and legal requirements for smoke detectors in apartments (existing and new construction). Bob Hennessey, Orange County Fire Department Assistant Chief, verified that all existing apartment buildings were required to have battery-operated smoke detectors. Council/speaker discussion followed regarding number of functioning smoke detectors, complications in monitoring maintenance of smoke detector batteries and fire safety public education program. Councilmember Pontious wanted the City to proceed to the limit within the State restrictions and requested a staff report outlining maximum allowable recommendations. She also suggested reviewing the requirement of Class A roof coverings throughout the City. Council/staff/Chief Hennessey discussion followed regarding the differences of opinion between the State and County Counsel regarding the inability of local jurisdictions to require installation of fire sprinkler' systems on single/two family residences or to mandate retrofit installation of such systems. Mayor Edgar said the quandary confronting the Council was providing adequate fire protection without requiring costly reconstruction to property owners. He felt the City must continue to make the community safer, but without drastic measures. He supported an ordinance that would not be innovative but utilized standards required by other Orange County cities. He suggested apartment owners submit suggestions that would increase the safety of their properties without large expenditures of money. Council concurred to direct staff to submit a report which included maximum recommendations, steps to influence change at the State level, increased re -inspection of battery operated smoke detectors, and coordination between the Orange County Fire Department and Tustin Unified School District to increase public education fire safety programs. The following members of the audience spoke in favor of retroactive installation of automatic fire sprinklers in apartment buildings: Joseph De La Riva Frank Kazerski 5. AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES William Huston, City Manager, reported staff recommended approval of the contract with the County. It was the only current viable option and staff would be researching future alternatives. It was moved by Potts, seconded by Pontious, to authorize the Mayor to execute subject agreement.. Motion carried 4-0, Puckett absent. CITY COUNCIL MINUTES Page 10, 6-18-90 6. REGIONAL TRAILS/SIRE LANES - EAST TUSTIN AREA Councilmember Potts noted that through the new development in Tustin Ranch there would be a bike/walk/jog trail. He wanted to have additional trails, particularly bike paths void of vehicular traffic, extended through the City and connecting with the East Tustin trail. It was moved by Pontious, seconded by Prescott, to receive and file subject report. Motion carried 4-0. Puckett absent. XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JUNE 11, 1990 It was moved by Pontious, seconded by Potts, to ratify the Planning Commission Action Agenda of June 11, 1990. Motion carried 4-0, Puckett absent. 2. INVESTMENT SCHEDULE AS OF MAY 31, 1990 It was moved by Pontious, seconded by Edgar, to receive and file subject report. Motion carried 4-0, Puckett absent. XIII. PUBLIC INPUT - None XIV. OTHER BUSINESS 1. COMBINING CITY USE OF BOTTLED WATER COMPANIES Councilmember Potts expressed concern that three separate bottled water companies were being utilized by City departments and he would, during Closed Session, suggest the use be combined to one company. 2. CITY INVESTMENTS THROUGH SAVING AND LOAN INSTITUTIONS Councilmember Potts expressed major concern with the City investing money through saving and loan institutions and the possibility of unrecoverable losses if the institution failed. William Huston, City Manager, responded that the City's investments were consistent with the policy approved by the Audit Committee and adopted by the City Council. All current investments complied with the policy, they were insured to the maximum, and the City had every possible protection under current law. 3. CHILD CARE PROGRAM ASSISTANCE - VEEH SCHOOL Councilmember. Potts stated he had received a request from Veeh School asking for a portable building to be used for a before - and -after-school child care program. William Huston, City Manager, replied that the request could be referred to the newly approved Ad Hoc Child Care Committee. 4. JAMES ROURKE, CITY ATTORNEY, CONGRATULATED, -FOR 30 YEARS OF SERVICE Councilmember Prescott congratulated James Rourke who celebrated thirty years as the Tustin City Attorney on June 15, 1990. S. ILLEGAL IMMIGRANTS DEPARTING TRAINS ADJACENT TO TUSTIN MEADOWS Mayor Edgar stated he had been contacted by a Tustin Meadows resident concerned again with illegal aliens departing from trains behind their community. He reported that at a recent League of Cities meeting, the new Immigration and Naturalization CITY COUNCIL MINUTES Page 11, 6-18-90 Commissioner informed him that the City should regularly contact the INS regarding the problem and coordinate the apprehension of illegal immigrants. The following member of the audience spoke in opposition to contacting the Immigration and Naturalization Service: Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin Councilmember Potts clarified that the cities were informed that the INS intended to enforce Federal law and problems such as those experienced by Tustin Meadows could be solved by spot checks along the railroad tracks. This was a matter that could not be enforced by local police. Councilmember Pontious commented that the INS Commissioner also indicated his agency currently conducted train checks and that by calling attention to the City's problem, INS would include train checks in Tustin as part of their enforcement action. The following member of the audience spoke in favor of contacting the Immigration and Naturalization Service: Kathy Weil, Tustin Meadows resident William Huston, City Manager, noted that the former INS Commissioner displayed no interest in assisting with this type of activity, however, the new Commissioner appeared cooperative and staff would follow through on his suggestion. Councilmember Prescott said Tustin was adjacent to a City with a large population of undocumented aliens, who undoubtedly traveled through Tustin, and spot checks were not conducted on the I-5 Freeway. He felt the suggested action would lead to further problems, the City should practice the politics of inclusion not exclusion, and he wanted the record to reflect his opposition to the City officially promoting immigration raids in Tustin. Council concurred to contact INS as was suggested to the cities by the new Immigration and Naturalization Service Commissioner. 6. SISTER CITY IN RUSSIA Mayor Edgar stated he had been approached by a student from Foothill High School who had suggested having a sister city in Russia would be of benefit to the City. 7. UNDERGROUNDING OF UTILITY POLES - NEWPORT AVENUE/MAIN STREET Mayor Edgar requested staff undergrounding three utility the corner of Newport Avenue XV. ADJOURNMENT investigate the possibility of poles on the construction site at and Main Street. At 9:50 p.m, the meeting was recessed to the Redevelopment Agency and then adjourned to a Budget Workshop on June 26, 1990, at 5:30 p.m., to a Southwest Neighborhood Improvement Study Workshop on July 2, 1990, at 5:30 p.m., and to the next Regular Meeting on July 2, 1990, at 7:00 p.m. MAYOR CITY CLERK