HomeMy WebLinkAboutCC MINUTES 2000 01 17 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
JANUARY 17, 2000
CALL TO ORDER
The meeting was called to order by Mayor Worley at 7:06 p.m. in the Council Chamber, 300
Centennial Way, Tustin, Califomia. The Pledge of Allegiance was led by Mayor Pro Tem Thomas
and the Invocation was given by Mr. Steve Garrison.
ROLL CALL
Council Present: Tracy Wills Worley, Mayor
Jeffery M. Thomas, Mayor Pro Tem
Mike Doyle
Jim Potts
Thomas R. Saltarelli
Council Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager
Christine Shingleton, Assistant City Manager
Lois Jeffrey, City Attorney
George Jeffdes, City Treasurer
Elizabeth Binsack, Director of Community Development
Steve Foster, Chief of Police
Tim Serlet, Director of Public Works
Ronald A. Nault, Finance Director
Larry Schutz, Assistant Finance Director
Pat Sanchez, Director of Parks and Recreation Services
,--- Dana Kasdan, Engineering Services Manager
Rita Westfield, Asst. Director, Community Development
Doug Anderson, Senior Project Manager
Karen Peterson, Senior Planner
Valerie Crabill, Chief Deputy City Clerk
Approximately 200 in the audience
DR. MARTIN LUTHER KING DAY - Councilmember Potts recognized the holiday in honor of
Dr. King and apologized for the Council meeting on this day, adding that future meetings would be
rescheduled.
PROCLAMATION
Assessment and Treatment Services Center - Mayor Worley read and presented a
proclamation to Assessment and Treatment Services Center for its contributions to the
community and commemorating its Silver Jubilee. Todd Nicholson, representing Assessment
and Treatment Services Center, thanked Council for the recognition.
Tustin Jr. Midget Cobras Football Team - Mayor Worley read and presented
proclamations to the Tustin Jr. Midget Cobras Football Team for their athletic achievements
during 1999. Coaches and players were: Tim O'Donoghue, Greg Jennings, Denny France,
Mike Caruso, Steve Walker, Guy Stroshein, John Shanahan, Richard Umphrey, Dr. Tim
Franks, Daniel Bales, George Barton, Aaron Little, Chades Amante, Bubba Ruddy, Clarence
Sharp, Charlie Avila, Jesse Pelleriti, John Foster, Kevin Paikoff, Kyle MacNaughton, Daniel
Kirkpatrick, Cameron Sprecher, Brandon Baricuatro, Brandon Amey, Ben Vasquez, Austin
Hastings, Brandon Dixon, Luis Malvaez, Bradley Walker, Justin Umphrey, William Zepeda,
Simon Lopez, Jason Singleton, Jason Mc Cullough, Chase Walker, Jaime Arias, Roman
Rivera, Matthew McClure, Roy Ramirez, and Ricardo Escalante. Coach O'Donoghue
thanked Council for the recognition.
Minutes - City Council January 17, 2000 - Page i
PUBLIC INPUT
Traffic Signals - Anthony Trujillo, 2001 Kingsboro Circle, Tustin, complained that
protected/permissive left turn traffic devices were not visible at night and commented on
OCTA Measure M fixed rail system.
Tustin Legacy - E. H. Winchester, Sr., 1022 Ravencrest Road, Santa Ana, spoke in
opposition to the name "Tustin Legacy" and complained about increased water bill.
PUBLIC HEARING - None
CONSENT CALENDAR ( ITEMS I THROUGH 14 )
It was moved by Ports, seconded by Thomas, to approve the Consent Calendar as recommended
by staff. Motion carried 5-0.
1. APPROVAL OF MINUTES - JANUARY 3, 2000 REGULAR MEETING
Recommendation: Approve the City Council Minutes of January 3, 2000.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $314,377.12 and ratify Payroll in the
amount of $398,257.22. 380-10
360-82
3. YEAR 2000 REPORT
Recommendation: Receive and file subject report as recommended by the Finance and
Community Development Departments. 190-30
4. RESOLUTION NO. 00-1 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE
CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN
Recommendation: Adopt Resolution No. 00-1 modifying the Appendix (Designated
Positions) contained in the City's Conflict of Interest Code to add the positions of Principal
Planner and Audit Committee Member as recommended by the City Clerk's Department.
445-40
5. SELECTION OF OUTSIDE AUDITORS FOR THE FIVE YEAR PERIOD BEGINNING
JUNE 30, 2000
Recommendation: Authorize the Finance Director to execute an agreement with Diehi,
Evans and Company, LLP, for annual audit services beginning with the fiscal year ending
June 30, 2000 through fiscal year ending June 30, 2004 as recommended by the Finance
Department. 400-10
6. QUARTERLY INVESTMENT REPORT
Recommendation: Receive and file subject report as recommended by the City Treasurer.
355-50
7. AWARD OF CONTRACT FOR THE ANNUAL MAJOR MAINTENANCE PROGRAM FY
1999-2000 (CIP NO. 7001)
Recommendation: Award the Annual Major Maintenance Program FY 1999-2000 contract to
Sequel Contractors, Inc. as lowest responsive bidder in the amount of $528,168.31 and
authorize the Mayor and City Clerk to execute the contract documents on behalf of the City
as recommended by the Public Works Department/Engineering Division. 400-45
8. AWARD OF CONTRACT FOR TRAFFIC SIGNAL UPGRADE AT FIRST STREET AND
PROSPECT AVENUE (CIP NO. 4058)
Recommendation: Award the construction contract for the Traffic Signal Upgrade at First
Street/Prospect Avenue (CIP No. 4058)to Inspection Engineering Construction of Costa
Mesa, California, in the amount of $90,000.00, and authorize the Mayor and City Clerk to
execute the contract documents on behalf of the City as recommended by the Public Works
Department/Engineering Division. 400-45
9. RELEASE OF TRAFFIC SIGNAL BOND FOR TRACT 14410 (EL DORADO)
Recommendation: Release Bond No. 419831S in the amount of $50,000.00 for a traffic
signal at Pioneer Road/Peters Canyon Road as recommended by the Public Works
Department/Engineering Division. 600-70
Minutes - City Council January 17, 2000 - Page 2
10. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 15427 (BAYWOOD)
Recommendation: Authorize release of Monumentation Bond No. B98-114372 in the amount
of $8,500.00 for Tract No. 15427 as recommended by the Public Works
Department/Engineering Division. 600-70
11. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 15474 (BAYWOOD)
Recommendation: Authorize release of Monumentation Bond No. B98-114312 in the amount
of $10,000.00 for Tract No. 15474 as recommended by the Public Works
Department/Engineering Division. 600-70
12. RESOLUTION NO. 00-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS.
Recommendation: Adopt Resolution No. 00-6 allowing for the destruction of applications and
testing materials for recruitments which have been closed for over two years as
recommended by Personnel Services. 170-40
13. AWARD OF CONTRACT FOR ANNUAL SIDEWALK AND CURB AND GUTTER REPAIR
PROJECT, FY 1999-2000 (PROJECT NO. 402-6235)
Recommendation: Award the Annual Sidewalk and Curb and Gutter Repair Project FY 1999-
2000 contract to Med Tox Incorporated in the amount of $158,129.76 and authorize the
Mayor and City Clerk to execute the contract documents on behalf of the City as
recommended by the Public Works Department/Engineering Division. 400-45
14. RESOLUTION NO. 00-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP 99-197 TO COMBINE TWO
LOTS LOCATED AT 13922 RED HILL AVENUE AND 1542 EL CAMINO REAL INTO ONE
LOT FOR THE PURPOSE OF DEVELOPING A 3,322 SQUARE FOOT FAST FOOD
RESTAURANT (APPLICANT: CONSOLIDATED RESTAURANTS OF CALIFORNIA, INC.)
Recommendation: Adopt Resolution No. 00-5 approving Final Parcel Map 99-197 subject to
the conditions of approval identified in Exhibit A of Resolution No. 00-5 to the satisfaction of
the Community Development and Public Works Departments and the City Attorney prior to
recordation as recommended by the Community Development Department. 600-45
REGULAR BUSINESS ( ITEMS 15 THROUGH 18 )
15. ORDINANCE NO. 1225, BOARDING HOUSES
It was moved by Doyle, seconded by Saltarelli, to have second reading by title only of
Ordinance No. 1225.
Motion carried 5-0.
The City Clerk read Ordinance No. 1225 by title only.
It was moved by Saltarelli, seconded by Thomas, to adopt the following Ordinance No. 1225:
ORDINANCE NO. 1225 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 99-001 AMENDING TUSTIN
CITY CODE SECTIONS 9228a3, 9226b3, and 9297, AND ADDING SECTION 9228b5
RELATED TO BOARDING HOUSES
Motion carried 5-0 (roll call vote). 650-05
16. ORDINANCE NO. 1227, COUNCIL COMPENSATION
It was moved by Thomas, seconded by Doyle, to have second reading by title only of
Ordinance No. 1227.
Motion carried 4-1, Potts opposed.
The City Clerk read Ordinance No. 1227 by title only.
It was moved by Thomas, seconded by Saltarelli, to adopt the following Ordinance No. 1227:
ORDINANCE NO. 1227 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING A SALARY ADJUSTMENT FOR MEMBERS OF THE
Minutes - City Council January 17, 2000 - Page 3
CITY COUNCIL TO BE OPERATIVE UPON THE START OF NEW TERMS OF OFFICE IN
NOVEMBER 2000
Motion carried 4-1, Ports opposed (roll call vote). 420-05
17. ORDINANCE NO. 1226 - FLOODPLAIN MANAGEMENT
Elizabeth Binsack, Director of Community Development, reported on the National Flood
Insurance Program (NFIP), which gave owners of properties in certain hazardous flood zone
areas the ability to purchase flood insurance; participating cities were required to adopt a
Federal Emergency Management Agency (FEMA) model ordinance to assure compliance
with construction standards; and Ordinance No. 1226 would modify Article 9, Chapter 8 of the
City of Tustin Municipal Code to adopt the current effective Flood Insurance Rate Map (FIRM)
to comply with NFIP requirements.
It was moved by Potts, seconded by Thomas, to have first reading by title only and
introduction of the following Ordinance No. 1226:
ORDINANCE NO. 1226 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 9, CHAPTER 8
OF THE TUSTIN CITY CODE RELATED TO FLOODPLAIN MANAGEMENT TO COMPLY
WITH THE NATIONAL FLOOD INSURANCE PROGRAM
Motion carried 5-0.
The City Clerk read Ordinance No. 1226 by title only. 780-30
18. SAFE AND HEALTHY COMMUNITIES INITIATIVE - (MEASURE F)
Mayor Worley explained that speakers would alternate between those in favor and'those
opposed to Measure F, the three minute time limit would be strictly enforced, and asked the
audience to show their support/opposition to the Measure with a show of hands.
The following individuals spoke in favor of Measure F:
Robert A. Wehn, 18082 Lillian Way, Tustin
Peter Zeughauser, 1312 Santa Nella Terrace, Corona Del Mar
Matthew Ruiz, 3414 Windsor, Tustin
Harold Ohanian, 12552 Kenwood Lane, Tustin
Kenneth Taylor, 2355 Burnham Drive, Tustin
Marvin Sellers, 14402 Grassmere, Tustin
Ken Morrison, 10851 Alstot Court, Tustin
Mark Skowronski, 12165 Glines, Tustin
Judy Emerling, 13068 Arbor Walk Lane, Tustin
Marlene Bronson, 1661 Bullard Lane, Santa Ana
Linda Jones, 4 Field, Irvine
Roger McCullough, 2302 Coco Palm Drive, Tustin
Ricky Selby
'Cad Hattermann; 2180 Lindsey Court, Tustin
Col. Bill Snyder, 12451 Tudor, Tustin
Mary Schwartz, 10361 'Miralago Place, Santa Ana
Tammy Murphy, 13160 Hickory Branch, Tustin
Bea Foster, 12593 Vista Panorama, Santa Ana
The following individuals spoke in opposition to Measure F:
Bruce Nestande, 119 Via Tucar, Newport Beach
Lt. CoI.E.H.Winchester, Sr., 1022 Ravencrest Road, Santa Ana
Channe Gallagher, 210 S. Pacific St., Tustin
Maralys Wills, 1811 Beverly Glen Drive, Santa Ana
Doug Davert, t 7492 Parker Drive, Tustin
Tom Naughton, 1700 Port Margate Place, Newport Beach
June Hammerle, 17611 Chatham Drive, Tustin
Don Saltarelli
Don Zweifel, 2110 Larkspur Drive, Orange
Minutes - City Council January 17, 2000 - Page 4
Sharon Jones, 520 West Main, Tustin
Leonard Hall, Newport Beach
The following individual assumed a neutral position and spoke regarding the El Toro Master
Development Plan:
Tom Wall, 2900 Park Newport, #229, Newport Beach
Recess - At 8:25 p.m., Mayor Worley recessed the City Council meeting. The meeting
reconvened at 8:35 p.m.
Mayor Pro Tem Thomas stated one of the first issues he addressed as Councilmember was
the 1992 base closure notification; Council and City staff have always been attentive to base
closure issues and had outstanding interaction with Washington and Sacramento; he pointed
out that there were two base closures taking place; felt the considerable efforts of Council
working with other jurisdictions and the County had been to good effect; working with the
County had been difficult; the decision to take a neutral stance while monitoring the issues
had served the City well; concerns had been in the City's best interests to preserve its
environment; and he was aware of indifferent attitudes in other areas of the County. He
added that flights out of John Wayne airport had been affecting a widespread area;
complaints to the County had come from north Irvine, Tustin, Foothill Ranch, central Tustin,
Villa Park, Orange, Newport Beach, and South County and seemed to visibly affect recent
flight patterns; previously restricted military air space was now open; departing/approaching
commercial flights now flew at new latitudes/altitudes; he confirmed that the Federal Aviation
Administration had jurisdiction over airborne aircraft and that the pilot could deviate from flight
pattems; although the County stated flights would not increase over Tustin, the City's central.
location subjected it to the negative aspects of increased air traffic; the City was recognized
for its readiness and competence to defend itself in these issues and could win the vote
against the airport; no monitoring was done in Tustin during recent El Toro flight
demonstrations; there were major public safety issues including existent underground jet fuel
lines running through the City and the prospect of jet fuel trucks with increased traffic
congestion on all main arteries; there had been poor planning for existing infrastructure; he
continued to exert influence with other jurisdictions to gain support; believed resistance to its
widespread effects along with economic issues would prevent the airport from being built; he
supported Measure F; and encouraged the public to take a firm stand against the airport.
Councilmember Doyle emphasized the dramatic growth of John Wayne airport since its
inception; stated that simplifying the wording of legislative measures and segregating the
issues would lessen voter confusion; the main focus of Measure F was the airport and should
not have included a dumpsite or jail; expressed concern for the time and money spent on
base closure; reiterated that with Measures A and S, the voters supported the airport; plans
for expansion of John Wayne airport were underway with buildings added and parking
expanded; he felt that only four cities would vote against John Wayne expansion; expressed
thoughts regarding the two-thirds majority vote; felt all of these concerns accompanied the
advent of progress; there were already complaints regarding John Wayne flights; and if John
Wayne again expanded the noise and number of flights would be greatly magnified.
Councilmember Saltarelli stated the public would make their own decisions to vote regardless
of the Council's stance; believed the voters had supported the airport previously to prevent
John Wayne airport expansion and would do so again; did not agree with a two-thirds
majority in a democracy; if the airport at El Toro was not built, the County would do whatever
it must to provide additional transportation, including John Wayne expansion; other areas of
Orange County could fairly share the burden of increased aidine traffic; the Council had and
would continue to challenge issues in the Environmental Impact Report to protect the
environment; believed the expansion of John Wayne airport would pose severe harm to the
City; felt it would be dangerous for Tustin residents to support a non-airport alternative at El
Toro; supporters of Measure F should not risk hoping to prevent future John Wayne
expansion; any type of commercial or residential development would impact the community;
he could not vote to support a proposition that could result in the destruction of the City's
environment; the voters had told him what they wanted; and he would not support Measure
F, given the possibilities that existed with John Wayne airport.
Councilmember Potts expressed his regret regarding El Toro's closure; commented on the
continued growth in Orange County over the years and the City of Tustin's crossroads
location; felt supporting Measure F against the El Toro airport was the only alternative in
attempting to regulate John Wayne airport; stated Orange County's size would not support an
Minutes - City Council January 17, 2000 - Page 5
international airport; the quality of life was a prime attraction for Orange County; felt the issue
had been unfairly influenced by wealthy developers during a recession period; felt South
County could not avoid the effects of increased air traffic and expressed concern for their
support; believed Measure F could be retroactive; suggested an airport at Adelanto;
commented on Ontario airport expansion and accessibility options; and would join in
supporting Measure F.
Mayor Worley read a letter that encouraged the Council to maintain a neutral stance in the
airport issue; stressed the difficulty of Council representing a city of 70,000 people at variance
on such high impact issues; Council would not be the decision makers in this issue;
commented that Tustin Ranch experienced less air traffic than downtown Tustin; believed
some would like an airport at El Tore to relieve property values and quality of life in this area;
a master planned community would also mean added congestion; it was alarming to consider
all the variables of added ground and air traffic, noise, fuel lines, and fuel trucks on the
freeways; was not desirous of either the El Tore airport or expansion at John Wayne; and
expressed disagreement with the Measure's two-thirds majority vote.
Councilmember Potts reiterated that two-thirds majority vote was in the Constitution; a four-
fifths majority was required by the City Council for major change; and schools were passing
bonds with a simple majority vote.
Mayor Pro Tem Thomas added his agreement, noting there was ample precedence for two-
thirds votes in the United States, statewide and countywide; if Measure F went before the
courts and was deemed unconstitutional, it would revert to 51% passage; the courts did give
alternatives in some instances in order for an initiative to pass constitutional muster; he
commented on the economics of the issue and expansion of John Wayne; felt that increased
flights would not exist if the demand did not require it; stated the year 2005 would not be a
magical number with people streaming in requiring air travel without having use for it; and
added that John Wayne was the most expensive airport in the region.
Mayor Worley stated that because she felt another airport would be a problem for all, she
would be supporting Measure F.
It was moved by Thomas, seconded by Potts, to support Measure F.
Motion carried 3-2, Saltarelli and Doyle opposed.
Mayor Pro Tem Thomas requested agendizing withdrawal from OCRAA and joining ETRPA.
690-10
PUBLIC INPUT - None
OTHER BUSINESS / COMMITTEE REPORTS
County Airport Records - Councilmember Potts expressed distrust of the County and the
CEO because of their failure to provide requested information to the Board of Supervisors
regarding the airport.
CLOSED SESSION - Mayor Worley announced that the City Council would convene in closed
session to confer with the City Attorney regarding pending litigation to which the City was a party:
Louise Hall v. City of Tustin, The Irvine Company, and McDonald's; Case No. 809382.
ADJOURNMENT - Mayor Worley adjourned the meeting at 10:12 p.m. The next regular
meeting of the City Council was scheduled for Monday, February 7, 2000, at 7:00 'p.m. in the
Council Chamber at 300 Centennial Way.
CY W~_~ WORLEY, ~/IAYOI~
_~LA STOKER, CITY CLERK
Minutes - City Council January ~7, 2000 - Pa~e 6