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HomeMy WebLinkAboutCC MINUTES 1998 01 19 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JANUARY 19, 1998 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Thomas at 7:04 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Worley. The Invocation was given by Councilmember Worley. ROLL CALL Council Present: Jeffery M. Thomas, Mayor Thomas R. Saltarelli, Mayor Pro Tem Mike Doyle Jim Potts Tracy Wills Worley Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George JeffriGs, City Treasurer Elizabeth Binsack, Director of Com. Development Steve Foster, Chief of Police Ronald A. Nault, Finance Director Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Com. Development Martin Pastucha, Field Services Manager Valerie Crabill, Chief Deputy City Clerk Scott Reekstin, Associate Planner Gary Veeh, Water Services Manager Bettie Correa, Senior Personnel Analyst Gary Magill, Recreation Superintendent Approximately 12 in the audience PROCLAMATION TUSTIN HIGH SCHOOL VARSITY FOOTBALL TEAM Mayor Thomas read and presented proclamations to the Tustin High School Varsity football team and coaches for advancing to the CIF Southern Section Division V finals: Corey Alston, Kyle Andersen, Eduardo Araza, Joshua Bailey, Andres Barcenas, Jimmy Bernal, Ashu Boni, Brian Burns, Marcus Burrell, Michael Burrell, Anthony Cerisano, Peter Chaney, Corey Chatman, Deshaun Foster, Joey Gipson, Brandon Graham, Derek Johnson, Isaac Jones, Ivin Jones, Larry Kilgore, David Little, Bobby Madden, Branden Malcom, Adrian Mendoza, Chico Morton, Juan Ojeda, Michael Rogers, Henry Rumph, Joshua Schaer, Todd Scott, Brian Snyder, Thomas Staubly, Cenk Tamkoc, Adam Teschke, Peleti Tialino, Robert Tialino, Wayne Tyra, Eric Van Buskirk, Matthew Vega, Dale Watkins, Julius Williams, Michael Zill; and Coaches John Ashman, A1 Galloway, Wally Grant, Myron Miller, Doug Mirich, Ron Peca. Coach Miller remarked on the success of the football season; the number of playoff records set by the team; the effort made by all team members; and the City's recognition of the team was well deserved. Councilmember Doyle commended Coach Ashman on his contribution to the team; complimented the team on a successful season; noted his attendance at the CIF Division V final game; and wished all team players luck in the future. Mayor Pro Tem Saltarelli congratulated the team; commented on the community support; remarked on the excitement during the final game; and wished the players continued success in the future. Councilmember Worley stated she had attended the CIF Division V final game; expressed the community pride in the team; and congratulated the team on a successful season. Councilmember Potts commended the team on a successful season and stated he had enjoyed watching the team's inspired play. CITY COUNCIL MINUTES Page 2, 1-19-98 Mayor Thomas commended the players' parents for supporting the team; noted the notoriety of Tustin since the team's success; and said the community was proud of the team. Tustin High School football team members thanked Council for the proclamations and supporting the team during the season. PUBLIC INPUT TUSTIN WOMEN IN CHAMBER ANNUAL FASHION SHOW Diane Sneathen, Tustin Women in Chamber representative, reported the annual fashion show fundraiser would be held on March 14, 1998, with "A Day at the Races" theme and requested Councilmembers participate as "jockeys" for the event. LEASH LAW Michael Gill, 329 Preble, Tustin, stated that due to medical reasons he was unable to walk his dog on a leash, and requested leniency from Council for future leash law violations. Councilmember Potts suggested Mr. Gill obtain a medical release from his doctor and requested staff provide assistance. PUBLIC HEARING ( ITEMS 1 THROUGH 2 ) 1. APPEAL OF CONDITIONAL USE PERMIT 97-014 AND DESIGN REVIEW 97-023 (DALRYMPLE) It was moved by Potts, seconded by Worley, to continue this item to the February 2, 1998 City Council meeting. Motion carried 5-0. 610-40 2. CODE AMENDMENT 97-002, WIRELESS COMMUNICATION FACILITY REGULATIONS AND GUIDELINES (DRAFT ORDINANCE NO. 1192) Scott Reekstin, Associate Planner, reported that in March 1996, Council adopted the City's wireless communications urgency ordinance; the ordinance expired in March 1998; the proposed ordinance was recommended because the City continued to receive applications for wireless communication facilities on a regular basis; the proposed amendment encouraged minor facilities to blend with the surrounding community, prohibited all facilities in most residential zones and areas, and the height of the facilities could not exceed the maximum height of the zoning district by more than 10 feet unless the Planning Commission approved a height variance; all wireless communication facilities located in the public right-of-way or on property owned by the City would be exempted by the ordinance; and copies of the draft ordinance had been forwarded to industry representatives. Council/staff discussion followed regarding the property owner would be responsible for removal of the facility upon expiration of the lease. Mayor Thomas opened the Public Hearing at 7:45 p.m. The following members of the audience spoke in favor of Code Amendment 97-002, Wireless Communication Facility Regulations and Guidelines: Barbara Saito, Nextel Communications Linda Paul, L.A. Cellular Council/speakers discussion followed regarding integrating existing development on the facility site; and future changes in facility sizes and technology. There were no more speakers on the subject and the Public Hearing was closed at 7:50 p.m. CITY COUNCIL MINUTES Page 3, 1-19-98 It was moved by Potts, seconded by Doyle, to adopt the following Resolution No. 98-6 approving the environmental determination for the project; and to have first reading by title only of Ordinance No. 1192: RESOLUTION NO. 98-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 97-002, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Councilmember Worley commented on the new wireless facility incorporated in the Tustin Sports Park scoreboard. Motion carried 5-0. The City Clerk read the following Ordinance No. 1192 by title only: ORDINANCE NO. 1192 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR PUBLIC AND PRIVATE WIRELESS COMMUNICATION FACILITIES IN THE CITY OF TUSTIN It was moved by Saltarelli, seconded by. Worley, to introduce Ordinance No. 1192. Motion carried 5-0. 800-80 CONSENT CALENDAR (ITEMS 3 THROUGH 11) It was moved by Potts, seconded by Doyle, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. 3. APPROVAL OF MINUTES - JANUARY 5, 1998 REGULAR MEETING Recommendation: Approve the City Council Minutes of January 5, 1998. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,379,562.06 and ratify Payroll in the amount of $324,597.61. 380-10 360-82 5. RESOLUTION NO. 98-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESTRUCTION OF CERTAIN COMMUNITY DEVELOPMENT DEPARTMENT RECORDS Recommendation: Adopt Resolution No. 98-1 authorizing the destruction of certain Community Development Department records as recommended by the Community Development Department. 170-40 6. AWARD OF CONTRACT FOR MITCHELL AVENUE WIDENING BETWEEN "B" STREET AND NEWPORT AVENUE - COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING 1997-98 FY (PROJECT NO. 200032) Recommendation: Award subject contract to Crossroads Engineering, Inc., Whittier, California, in the amount of $59,994.00 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 7. DECLARATION OF SURPLUS EQUIPMENT Recommendation: Declare specified equipment surplus and authorize the Public Works Department to dispose of the equipment in accordance with Section 1626 of the Tustin City Code as recommended by the Public Works Department/Field Services Division. 380-60 8. PROFESSIONAL SERVICES AGREEMENT - TAIT & ASSOCIATES (REPLACEMENT OF UNDERGROUND FUEL STORAGE TANKS) Recommendation: Approve a Professional Services Agreement with Tait & Associates for a not to exceed amount of $33,025.00 to remove and replace underground fuel storage tanks at City Maintenance Facility and authorize the Mayor to execute the agreement as recommended by Public Works Department/Field Services Division. 400-10 9. PLANNING COMMISSION ACTION AGENDA - JANUARY 12, 1998 All actions of the Planning Commission become final unless CITY COUNCIL MINUTES Page 4, 1-19-98 appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of January 12, 1998. 120-50 10. PROGRESS REPORT ON CEDAR GROVE PARK AND HERITAGE PARK Recommendation: Receive and file subject report as recommended by Parks and Recreation Services. 920-35 920-65 11. DENIAL OF CLAIM NO. 97-28, CLAIMANT: G & L REALTY CORPORATION Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant ' s attorney as recommended by the City Attorney. 180-10 REGULAR BUSINESS ( ITEMS 12 THROUGH 14 ) 12. QUARTERLY INVESTMENT REPORT It was moved by Worley, seconded by Doyle, to receive and file subject report. Motion carried 5-0. 355-50 13. AMENDMENT TO CITY'S RESIDENTIAL PICKETING ORDINANCE Lois Jeffrey, City Attorney, reported that in 1993, the City enacted an ordinance prohibiting targeted picketing of homes; clarified that the ordinance allowed picketing in residential areas but prohibited targeting a home; and the proposed amendment prohibited picketing within 300 feet of a residential property. Council/staff discussion followed regarding the proposed amendment clarified the picketing distance from a residence; the ordinance continued to allow picketing in neighborhoods; and any future appeal would be reviewed at the federal level. It was moved by Worley, seconded by Doyle, that Ordinance No. 1194 have first reading by title only. Motion carried 5-0. It was moved by Saltarelli, seconded by Worley, that Ordinance No. 1194 be introduced. 440-10 Motion carried 5-0. The City Clerk read the following Ordinance No. 1194 by title only: ORDINANCE NO. 1194 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ITS RESIDENTIAL PICKETING ORDINANCE 14. PROPOSED EAST ORANGE COUNTY WATER DISTRICT CONSOLIDATION Council concurred to receive and file subject report. 840-75 PUBLIC INPUT - None OTHER BUSINESS GOOD CITIZEN AWARD Councilmember Doyle reported that he and staff were proceeding with the good citizen award concept and requested community suggestions and input. REGIONAL TRAIL Councilmember Potts reported he had received letters from the Transportation Corridor Agency and City of Orange detailing corrections to the regional trail system and he encouraged residents to utilize the trails. CITY COUNCIL MINUTES Page 5, 1-19-98 BIG BROTHERS Councilmember Worley commended the Big Brothers organization in Tustin and reported approximately 150 boys were in need of a Big Brother. CITIZEN COMMENDATION Mayor Pro Tem Saltarelli commended volunteer Adrian Morton for his service to the community. NEWSPAPER EDITORIALS - NORTH TUSTIN ANNEXATION Mayor Pro Tem Saltarelli stated he had been offended by newspaper editorials regarding the North Tustin annexation; debate on the · issue should remain positive; and he encouraged residents to reach their own decision and not be swayed by letters to the editor and :~! editorials. Mayor Thomas expressed disappointment with a Tustin Weekly editorial regarding the North Tustin annexation; noted that North Tustin residents had requested the matter be discussed; and the County and North Tustin would ultimately make the decision regarding annexation. TUSTIN COMMUNITY FOUNDATION RECIPIENTS Mayor Thomas stated Council had received a letter from Robert Kiley, Tustin Community Foundation Director, seeking recommendations for potential recipients and requested staff input. COUNTY LIBRARY TASK FORCE Mayor Thomas reported that Councilmember Worley would no longer be able to serve on the County Library Task Force due to a heavy meeting schedule and, because another councilmember had not volunteered, he requested that a staff member serve. Council noted that in the future, Task Force Bylaws be changed to allow a community member to serve. COMMITTEE REPORTS TRANSPORTATION CORRIDOR Councilmember Potts reported he had met with the Cities of Irvine and Orange Mayors and received their support to not open the Transportation Corridor early and avoid traffic congestion in Tustin. CLOSED SESSION Mayor Thomas announced that the City Council would convene in closed session to confer with the City Attorney regarding real property negotiations involving Tustin Hacienda House, 240 3rd Street, owned by Walter and Marilyn Emery, negotiations include price and other terms and conditions; and, pursuant to Government Code Section 54957.6, to confer with its labor negotiator concerning unrepresented employees. ADJOURNMENT Mayor Thomas adjourned the meeting at 8:14 p.m. The next regular meeting of the City Council was scheduled for Monday, February 2, 1998, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. PAMELA STOKER~ CITY {3LEI{K