HomeMy WebLinkAboutCC MINUTES 1999 06 21 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
JUNE 21, 1999
CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Worley at 7:04 p.m. at the Council Chamber, 300
Centennial Way, Tustin, California. The Pledge of Allegiance was led by Mayor Pro Tem Thomas.
The Tnvocation was given by Mr. AI Enderie.
ROLL CALL
Council Present: Tracy Wills Worley, Mayor
3effery M. Thomas, Mayor Pro Tem
Mike Doyle
3im Potts
Thomas R. Saltarelli
Council Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager
Omar Sandoval, Deputy City Attorney
Lois Bobak, Deputy City Attorney
Christine Shingleton, Assistant City Manager
George 3effries, City Treasurer
Elizabeth Binsack, Director of Community Development
Steve Foster, Chief of Police
Ronald A. Nault, Finance Director
Tim Serlet, Director of Public Works
Pat Sanchez, Director of Parks and Recreation Services
Dana Kasdan, Engineering Services Ivlanager
Rita Westfield, Assistant Director/Com. Development
Valefie Crabill, Chief Deputy City Clerk
Gary Veeh, Water Services Manager
Robert Schoenkopf, Police Captain
Approximately 40 in the audience
ANNOUNCEMENT
ADJOURNMENT IN MEMORY OF DOMINIC SALTARELLI
Nayor Worley requested adjournment in memory of Councilmember Saltarelli's father,
Dominic Saltarelli, who recently passed away.
PROCLAMATION
TUSTIN BIG BROTHERS/BIG SISTERS
Mayor Worley read and presented proclamations to the following Big Brothers/Big Sisters for
their commitment to single-parent youth in the community: Garth Armorer, Sean Coppage,
.-- Richard and Catherine Dowell, Elana Edmisson, Laura Harlak, Brian Hink, 3ohn 3oshevama,
Steve Smith, and Anthony Viramontes.
Big Brothers/Big Sisters Public Relations Director stated it was an honor to be recognized by
Council; there were over 500 volunteers in the Big Brothers/Big Sisters Orange County
organization; Big Brothers/Big Sisters had been operating in Tustin for 43 years; the
importance of volunteers; and thanked Council for the proclamations.
Mayor Worley noted there was a waiting list for little brothers/little sisters and encouraged
the community to volunteer for the Big Brothers/Big Sisters program.
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PUBLIC INPUT
FARMERS MARKET SIGNS
Phil Cox, Brookings, Oregon, displayed new advertising and directional signs he designed
for the Old Town Farmers Market, and thanked those people who assisted in the project.
Councilmember Ports suggested proclamations be given in recognition of the project.
330 CALIFORNIA STREET
Willis Sutcliff, 330 California Street, expressed frustration with staff in resolving issues
related to the redevelopment/redesign of his front yard at 330 California Street.
Mayor Worley stated that she and staff would meet with Mr. 5utcliff to discuss the matter.
VOLUNTARY SCHOOL PRAYER POLICE
3eanne 3ackson, 15851 Pasadena #B-9, Tustin, requested Council support a voluntary
school prayer policy and requested the matter be agendized.
COMMENDATION - COUNCIL
3ack Miller, 17352 Parker Drive, Tustin, commended Council for their support of Senate Bill
23, Assault Weapons.
PUBLIC HEARING ( ITEMS I THROUGH 2 )
1. ORDINANCE NO. 1218- AMENDING PROVISIONS FOR REGULATION OF
NEWSRACKS
Elizabeth Binsack, Director of Community Development, reported that proposed changes
included transferring enforcement responsibility of regulating and monitoring newsracks
from the Public Works Department to the Community Development Department and
approving placement of newsracks would be at the discretion of the Director of Community
Development; an injury had occurred caused by an improperly placed newsrack; the
amendments would not regulate newsracks, but insure proper placement; and carriers must
indemnify the City when locating newsracks in the public right-of-way.
Mayor Worley opened the Public Hearing at 7:29 p.m. There were no speakers on the
subject and the Public Hearing was closed.
]~t was moved by Thomas, seconded by Doyle, to have first reading by title only and
introduce Ordinance No. 1218.
q i"
Hotion carried 5-0. ,~
The City Clerk read the following Ordinance No. 1218 by title only:
ORDINANCE NO. 1218 - AN ORDINANCE OF THE C1TY COUNCIL OF THE C1TY OF
TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE PART 1 OF CHAPTER 2 OF
ARTICLE 7 RELATED TO THE REGULATION OF NEWSRACKS
2. LEVY OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT FOR FISCAL YEAR 1999-00
Tim Serlet, Director of Public Works, reported that the proposed rate increase was 2.2%
which corresponded to the Consumer Price :Index increase; the assessment represented an
average increase of $1.12 per single family residence; and the proposed assessment was
necessary due to the increase in the City's costs associated with its landscape and
maintenance contract services.
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Page 3, 6-21-99
Mayor Worley opened the Public Hearing at 7:34 p.m. There were no speakers on the
subject and the Public Hearing was closed.
It was moved by Potts, seconded by Thomas, to adopt the following Resolution No. 99-48
confirming the annual assessments for fiscal year 1999-00:
"' RESOLUTION NO. 99-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
~ TUSTIN, CALIFORNIA, CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE
LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN
RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT FOR FISCAL YEAR 1999-00
Motion carried 5-0. 340-60
CONSENT CALENDAR ( ITEMS 3 THROUGH 11 )
It was moved by Doyle, seconded by Saltarelli, to approve the Consent Calendar as recommended
by staff. Motion carried 5-0.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $3,435,571.07 and ratify PayRoll in
the amount of $828,927.51. 360-82
380-10
4. RESOLUTION NO, 99-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF WATER MAIN REPLACEMENTS IN NEWPORT AVENUE, PROSPECT
,_ AVENUE AND 17TH STREET (CITY PROJECT NOS. 600087, 600141 AND 600142), AND
: AUTHORIZING ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 99-,M approving plans and specifications and
authorizing advertisement for bids for subject projects as recommended by the Public
Works Department/Water Division. 400-45
5. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 15430 (VIDORRA)
Recommendation: Authorize release of the following Monumentation Bond for Tract No.
15430 for the indicated amount: Monumentation Bond No. 24-004-467, $5,700.00
recommended by the Public Works Department/Engineering Division. 600-70 '
6. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 15429 (VIDORRA)
Recommendation: Authorize release of the following Monumentation Bond for Tract No.
15429 for the indicated amount: Monumentation Bond No. 24-003-410, $4,200.00 as
recommended by the Public Works Department/Engineering Division. 600-70
7. RESOLUTION NO, 99-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE RED HILL
AVENUE REHABILITATION PROJECT BETWEEN WALNUT AVENUE AND EDINGER AVENUE
(CIP NO. 700124)
Recommendation: Adopt Resolution No. 99-46 approving the plans and specifications for
," the Red Hill Avenue Rehabilitation Project between Walnut Avenue and Edinger Avenue
(CIP No. 700124) and authorizing and directing the City Clerk to advertise for bids, subject
to receiving authorization from Caitrans, as recommended by the Public Works
Department/Engineering Division. 400-45
8. CITY OF TUSTIN MEASURE M GROWTH MANAGEMENT PROGRAM ANNUAL
COMPLIANCE (1999-2000 FY)
Recommendation by Public Works Department/Engineering Division: To maintain eligibility
for Measure M Programs, it is recommended that the City Council take the following actions
in compliance with Measure M requirements: (1) Adopt the draft: Measure M Growth
Management Seven Year Capital Improvement Program (fiscal year 1999-2000 through
fiscal year 2005-2006); (2) Adopt the following Resolution No. 99-38 concerning the City's
Circulation Element for Master Plan of Arterial Highways (MPAH) consistency; and (3 )750-20
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Page 4, 6-21-99
Authorize the Public Works Director/City Engineer to submit the City of Tustin's Measure M
eligibility package, including certification of the City's Maintenance of Effort and Pavement
Management Program, to the Orange County Transportation Authority:
RESOLUTION NO. 99-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR
THE CITY OF TUSTIN
APPROVAL OF MINUTES - JUNE 7, 1999 REGULAR MEETING
Recommendation: Approve the City Council Minutes of 3une 7, 1999.
10. COOPERATIVE AGREEMENT/CONTRACTUAL AGREEMENT FOR CONTRACT FIRE
SERVICES~ MCAS TUSTIN
Recommendation: (1) Authorize the City Manager or Assistant City Manager to execute an
Interim Cooperative Agreement between the United States of America (Department of
Navy) and the City of Tustin providing for fire protection services by the Orange County Fire
Authority at closing Marine Corps Air Station Tustin subject to approval by the City Attorney
of any final agreement, and (2) Authorize the City Manager or Assistant City Manager to
enter into an Interim Fire Protection and Emergency Services Agreement· between the City
of Tustin and the Orange County Fire Authority to provide necessary fire protection services
at closing Marine Corps Air Station Tustin, subject to approval by the City Attorney of any
final agreement as recommend by the Redevelopment Agency staff. 400-l0
11. (DELETED FROM AGENDA)
REGULAR BUSINESS ( ITEMS 12 THROUGH 17 )
12. ORDINANCE NO. 1215, UNIFORM FIRE CODE
It was moved by Thomas, seconded by Doyle, to have second reading by title only and
adopt Ordinance No. 1215.
The City Clerk read the following Ordinance No. 1215 by title only:
ORDINANCE NO. 1215 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SPECIFIED CHAPTER OF ARTICLE 5 OF THE TUSTIN
CITY CODE TO ADOPT THE 1998 CALIFORNIA FIRE CODE AND THE 1997 UNIFORM FIRE
CODE AS AMENDED THERETO
Motion carried 5-0 (roll call vote). 460-50
13. ORDINANCE NO. 1217, TUSTIN AUTO CENTER BANQUET FACILITIES
It was moved by Thomas, seconded by Doyle, to have second reading by title only and
adopt Ordinance No. 1217.
The City Clerk read the following Ordinance No. 1217 by title only:
ORDINANCE NO. 1217 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTlN, CALIFORNIA, AMENDING THE EAST TUSTIN AUTO CENTER PLANNED
COMMUNITY REGULATIONS TO CONDITIONALLY ALLOW ANCILLARY BANQUET
FACILITIES IN THE TUSTIN AUTO CENTER
Motion carried 5-0 (roll call vote). 610-60
14. FUNDING REQUEST - MISS TUSTIN SCHOLARSHIP PAGEANT
Cherrill Cady, Miss Tustin Scholarship Pageant representative, reported that Miss Tustin,
Lindsay Dennis, was currently participating in the Miss California pageant; thanked the City
and the Tustin Community Foundation for their past support; and requested continued
financial support from the City.
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Page 5, 6-21-99
It was moved by Ports, seconded by Thoma% to appropriate $2,500 to the Miss Tustin
Scholarship Pageant.
Motion carried 5-0. 330-20
Mayor Worley recessed the meeting to the Tustin Community Redevelopment Agency meeting at
7:40 p.m. The meeting reconvened at 7:42 p.m.
15. ADOPTION OF RESOLUTION NO. 99-47 FINDING THAT THE PROJECT AREA
COMMITTEE (PAC) PROCEDURES FOR THE PROPOSED 1999 AMENDMENT TO
THE SOUTH CENTRAL REDEVELOPMENT PLAN WERE FOLLOWED IN THE
ELECTION OF THE PAC
It was moved by Ports, seconded by Doyle, to adopt the following Resolution No. 99-47
finding the procedures for the formation and election of the PAC for the proposed 1999
Amendment to the South Central Redevelopment Plan (''1999 Amendment'3 were followed
in the election of the PAC and in determining the validity of any challenges to the election:
RESOLUTION NO, 99-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT THE ADOPTED PROCEDURE FOR FORMATION AND
ELECTION OF THE PROJECT AREA COMMITTEE FOR THE PROPOSED 1999 AMENDMENT
TO THE REDEVELOPMENT PLAN FOR THE SOUTH CENTRAL REDEVELOPMENT PROJECT
AREA WAS FOLLOWED IN THE ELECTION OF THE PROJECT AREA COMMITTEE
Motion carried 5-0. 630-80
16. CATV FRANCHISE RENEWAL, COX COMMUNICATIONS
Omar Sandoval, Deputy City Attorney, reported that Cox Communications requested the
City commence franchise renewal proceedings; in order to renew a cable television
franchise, the Telecommunications Act of 1996 (Act) required establishment of a process for
consideration of the Cox Communications' request; and Council approval would initiate the
process for cable renewal.
Council/staff discussion followed regarding the Act allowed the current cable operator a
public hearing process; and steps involved to open the process to other cable companies.
Mayor Pro Tem Thomas commented on the number of citizen complaints to Council
regarding Cox Communications service; the unresponsiveness of Cox Communications to
complaints; supported opening the process to other cable companies; the importance of
quality of service; and the City contracting with only one cable carrier.
Councilmember Saltarelli stated that Cox Communications did not appear to be responsive
to citizen complaints about poor service; suggested staff meet with Cox Communications to
resolve the service issue; and supported one cable carrier servicing the City.
Councilmember Doyle noted that the cable company used in Santa Ana carried 24-hour
"' local programming; Tustin's local programming aired 14 hours; and it was appropriate to
request cable changes and improvements for the community.
Mayor Worley noted that Tustin Ranch received more City of Irvine events than local
programming and stated she had received complaints about the lack of City Council
broadcasts in Tustin Ranch and the poor quality when City Council meetings were aired.
Councilmember Potts stated that upon Council approval, concerns could be addressed
during the renewal proceedings; noted that new cable equipment was being installed in his
Tustin Ranch neighborhood; and suggested staff meet with Cox Communications to resolve
broadcast problems.
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Omar Sandoval noted that Council action was necessary within six months of Cox
Communications' renewal request.
It was moved by Thomas, seconded by Ports, to adopt the following Resolution No. 99-49
and direct the City Clerk to notice a public hearing before the City Council to consider the
renewal of Cox Communications' franchise as recommended by the City Attorney:
RESOLUTION NO. 99-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ESTABLISHING A PROCESS FOR CONSIDERA'I'ION OF CATV
FRANCHISE RENEWAL
Motion carried 5-0. 400-10
17. PARKS AND RECREATION COMMISSION SCHOLARSHIP PROPOSAL
Ken Eckman, Parks and Recreation Commission, reported that the proposed Scholar-Athlete
Awards Program would recognize the outstanding athletic and scholastic achievement of
one male and one female senior student from both Tustin and Foothill High Schools; a
$1,000 scholarship and plaque would be presented to the recipients; and summarized the
selection process.
Council/Mr. Eckman discussion followed regarding scholarship qualifications; the
Commission Scholarship Sub-Committee selected scholarship winners; encouraged private
companies to donate to the scholarship; Tustin High School was a model school; and
presenting the scholarship winners to Council.
It was moved by Thomas, seconded by Ports, to appropriate $4,000 to the Scholar-Athlete
Awards Program.
Motion carried 5-0. 120-40
PUBLIC INPUT
LAUREL GLEN PARK
3ane Anderson, Sevilla Homeowners Association President, requested the status on Laurel
Glen Park Improvements.
Council concurred to refer the matter to the Parks and Recreation Commission.
OTHER BUSINESS/COMMITTEE REPORTS
COUNCIL CHAMBER SOUND SYSTEM
Councilmember Doyle requested the sound system be repaired prior to the next Council
meeting.
COMMENDATION - STAFF
Councilmember Doyle reported he had received a positive report from a Southwest area
resident on the excellent job performance by the Police Department bicycle patrol unit; and
he commended staff again for an excellent Chili Cook Off event; and commended the
excellent street maintenance compared to the Cities of Anaheim, Orange, and Santa Ana.
BOYS AND GIRLS CLUB
Councilmember Doyle reported the Boys and Girls Club had won a 15 passenger van.
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Page 7, 6-21-99
K-MART
Councilmember Potts reported the K-Mart store was in a state of disrepair inside and
outside resulting in a loss of business.
Elizabeth Binsack, Director of Community Development, responded that staff had contacted
the store manager on the condition of the store.
SENATE BILL 23, ASSAULT WEAPONS
Councilmember Ports reported he had received an anonymous telephone message related
to his position on gun control; reiterated his position that Senate Bill 23 allowed the
possession of weapons but only limited the number of rounds.
Councilmember Saltarelli reported that the State had a "buy back" program for weapons
allowing gun owners to recoup their investment and believed it was appropriate to include
in the legislation.
Mayor Pro Tem Thomas reiterated his position on gun control; shared a statement made by
a Columbine victim's father; stated it was not the responsibility of the government to solve
all problems; his most important job was that of a parent; defended Mayor Worley's
conduct at the 3une 7, 1999 Council meeting on Senate Bill 23; and noted that Senate Bill
23 opponents failed to take the opportunity to address Council during public input at
tonight's meeting.
._ Mayor Worley stated she had written a letter to the newspapers responding to critics of her
conduct at the 3une 7, 1999 Council meeting; and reiterated her support and the majority
of residents' support of Senate Bill 23.
DOMINIC SALTARELLI
Councilmember Saltarelli expressed appreciation for all the cards, friendship, and support he
received during the loss of his father, Dominic Saltarelli.
Mayor Pro Tem Thomas expressed condolences for the loss of Dominic Saltarelli and noted
Mr. Saltarelli's contributions to his family and community.
ROBERT LABARGE
Councilmember Saltarelli recalled that former police officer, Barney LaBarge, had lost his
son, Robert.
SPORTS INJURY
Mayor Worley reported she had a cast on her leg because of a torn Achilles tendon from
playing soccer.
BASKETBALL CAMP
Mayor Worley reported her son was enrolled in a basketball camp and was enjoying the
program.
BASE CLOSURE CEREMONIES
Mayor Worley announced base closure ceremonies for Marine Corps Air Stations Tustin and
El Toro would be held Friday, 3uly 2, 1999, 10:00 a.m. at Marine Corps Air Station, El Toro,
and invited the public to attend this historic event.
CLOSED SESSION - None
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ADJOURNMENT
Mayor Worley adjourned the meeting at 8:20 p.m. in memory of Dominic Saltarelli. The City
Council scheduled Commission/Committee interviews on Tuesday, 3uly 6, 1999, at 5:30 p.m. in the
Council Chamber; and the next regular meeting of the City Council was scheduled for Tuesday,
3uly 6, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way.
E HA O~__//
PAMELA STOKEI~ d'TY CLERK