HomeMy WebLinkAbout02 MINUTES 12-06-99 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
NOVEMBER 15, 1999
NO. 2
12-06-99
CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Worley at 7:00 p.m. in the Council Chamber, 300
Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember
Saltarelli and the Invocation was given by Mr. Bill Stevens, Salvation Army Church.
ROLL CALL
Council Present:
Council Absent:
City Clerk:
Others Present:
Tracy Wills Worley, Mayor
Jeffery M. Thomas, Mayor Pro Tem
Mike Doyle
Jim Potts
Thomas R. Saltarelli
None
Pamela Stoker
William A. Huston, City Manager
Lois Jeffrey, City Attorney
George Jeffries, City Treasurer
Elizabeth Binsack, Director of Community Development
Steve Foster, Chief of Police
Tim Serlet, Director of Public Works
Ronald A. Nault, Finance Director
Pat Sanchez, Director of Parks and Recreation Services
Dana Kasdan, Engineering Services Manager
Rita Westfield, Asst. Director, Community Development
Fred Wakefield, Police Captain
Gary Veeh, Water Services Manager
Karen Peterson, Senior Planner
Scott Reekstin, Acting Senior Planner
Joe Meyers, Senior Management Analyst
Doug Anderson, Senior Project Manager
Dana Ogdon, Senior Project Manager
Justina Willkom, Associate Planner
Valerie Crabill, Chief Deputy City Clerk
Approximately 25 in the audience
PROCLAMATION
Nick Burkey- Mayor Worley presented a proclamation to Nick Burkey recognizing his
years of community service. Mr. Burkey thanked the Council for the recognition and
gave highlights of his career in Tustin. Each member of the City Council thanked Mr.
Minutes - City Council' November 15, 1999 - Page i
Burkey for his dedicati~ ~ervice and friendship to the,. ,munity.
PUBLIC INPUT
Fence Installation Kent Sutcliff and Willis Sutcliff, 330 California St., Tustin,
addressed Council regarding difficulties they had encountered in obtaining a permit
for fence installation .on their property and complained about insurance
requirements and fines imposed by staff. Mayor Worley stated she would meet with
the speakers to resolve the issues.
Nick Burkey - An unidentified speaker stated she had volunteered with Nick Burkey
and commended his service to the community.
Senior Women's softball Team. Lilly Emerson, Tustin, representing a senior women's
softball team, reported on their championship win, displayed mementos from their
games, and stated she would be recruiting in Tustin.
Plaza Lafayette Trail- Tom McCauley, referencing the Plaza Lafayette Trail, reported
a study had been conducted on rail-trails that revealed trails were safe, lack of crimes
related to trail use, trails improved property values, and economic benefits of trails to
the community.
PUBLIC HEARING ( ITEMS 1 THROUGH 2)
1. ABOVE GROUND CABINET DESIGN GUIDELINES AND ORDINANCE NO. 1213
Elizabeth Binsack, Director of Community Development, reported that staff had met
with Pacific Bell and Southern California Edison representatives to discuss their
concerns that a comprehensive manual should be accepted in place of a design review
process with the manual including only the size and type of cabinets to be installed
with specific location of the cabinets reviewed through the encroachment permit
procedure; and there should be no other design review fee upon acceptance of the
comprehensive manual. She stated that staff modified the ordinance and guidelines,
in response to those concerns, to allow the submittal of a comprehensive manual in
lieu of a design review, as long as the cabinets were not located adjacent to a front
yard, were not larger than an allowable adjacent fence, and did nOt obstruct the
pedestrian or vehicular line of sight Within the right-of-way; the mangial would contain
information to verify compliance with location, type, size, and screening of the
proposed cabinets; no design review fee would be'required; and the applicant would
proceed directly to the encroachment permit process. After reviewing staff's proposed
revisions, Southern California Edison supported the changes with the exception of
submitting locations in the comprehensive manual. She emphasized that location was
a significant Concern for staff; displayed photographs showing examples of over.
concentration of transformers; reported complaints had been received from residents;
and staff would modify the guidelines to remove the location requirements from the
comprehensive manual if the Council so desired.
Minutes - City Council November 15, 1999 - Page 2
Mayor Worley questione .,at the guidelines could be
and screening at the encroachment permit process.
Jified to address location
Elizabeth Binsack clarified that on-site inspections would be made to review locations
at the encroachment permit process.
Mayor Worley opened the public hearing at 7:50 p.m.
The following member of the audience spoke in opposition to the requirement of
including location and screening in the comprehensive manual:
Kim Scherer, Southern California Edison
Council/staff/Speaker Scherer discussion followed regarding similar existing
ordinances in other cities; a comprehensive manual in lieu of design review; and
modification of the ordinance to eliminate location and screening from the
comprehensive manual, allowing these items to be addressed at the encroachment
permit process. ~
Mayor Worley closed the public hearing at 7:58 p.m.
Councilmember Salterelli expressed his preference for underground utilities;
eXpressed appreciation for the cooperation of the utility companies and his trust that
they would consider the impact of cabinets on residential lots.
Staff discussion followed regarding clarification that the ordinance would
unchanged and modifications to the resolution would include elimination
loCation and screening from the comprehensive manual.
remain
of the
Recess - Mayor Worley recessed the meeting at 8:00 p.m and reconvened at 8:09
p.m.
Elizabeth Binsack clarified that the second reading of Ordinance No. 1213 would take
place at the next Council meeting and the Cabinet Design Guidelines would be
modified to eliminate location and screening requirements from the comprehensive
manual.
It was moved by Potts, sec'onded by Saltarelli, to have first reading by title only and
introduction of Ordinance No. 1213.
·
Motion carried 5-0.
The City Clerk read the following Ordinance No. 1213 by title only:
ORDINANCE NO. 1213 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR ABOVE GROUND CABINETS
WITHIN THE CITY'S RIGHT-OF-WAY
Minutes - City Council November 15, 1999 - Page 3 ·
!
It was moved by Potts; _.~conded by Saltarelli, to adOt~. ,ne following Resolution No.
99-84 approving the Above Ground Cabinet Design Guidelines as modified to eliminate
location and screening requirements from the comprehensive manual:
RESOLUTION NO. 99-84. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING ABOVE GROUND CABINET DESIGN GUIDELINES
Motion carried 5-0.
GRADUATED COMPLIANCE PLAN FOR EXISTING BUILDINGS AND STRUCTURES
AT MCAS TUSTIN
Dana Ogdon, Senior Project Manager, reported that to facilitate civilian economic
development at closing military bases, the State enacted Health and Safety Code
provisions that permitted the City to approve requests to perform required
improvements over a graduated period, not exceeding seven years, and provided that
the proposal would not pose a threat to an occupant's safety, health or sanitation. He
stated that prior to ordinance adoption, State law required: (1). a lease must be in
place, (2) an approved procedure must be in place regarding reuse to insure safety of
the occupant, and (3) the Graduated Compliance Plan must be reviewed and approved
by an outside building official. Mr. Ogdon stated that the City had entered into a lease
agreement with the Department of the Navy for property at MCAS Tustin and an
additional lease was anticipated; and approval of the Graduated Compliance Plan and
adoption of Ordinance No. 1203 could relieve future tenants of the obligation to bring
military buildings to immediate conformance with the City's building and fire codes
and expedite the effort to convert the base.
Mayor Worley opened the public hearing at 8:15 p.m. There were no speakers and the
public hearing was closed.
It was moved by Thomas, seconded by Doyle, to adopt the following Resolution No.
99-100 approving a Graduated Compliance Plan for Marine Corps Air Station Tustin:
RESOLUTION NO. 99-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING A GRADUATED COMPLIANCE PLAN FOR CERTAIN
EXISTING BUILDINGS AND. STRUCTURES AT MARINE CORPS AIR STATION TUSTIN
Motion carried 5-0.
It was moved by Thomas, seconded by I~oyle, to have first reading by title only and
introduction of Ordinance No. 1203.
Motion carried 5-0.
The City Clerk read the following Ordinance No. 1203 by title only:
ORDINANCE NO. 1203 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, PERTAINING TO CERTAIN EXISTING BUILDINGS AND
Minutes- City Council November 15, 1999- Page 4
STRUCTURES AT MCAS
SECTION 18941.9
3TIN IN ACCORDANCE WlTF, .:ALTH AND SAFETY CODE
CONSENT CALENDAR (ITEMS 3 THROUGH 11)
It was moved by Doyle, seconded by Saltarelli,
recommended by staff. Motion carried 5-0,
to approve the Consent Calendar as
APPROVAL OF MINUTES- NOVEMBER 1, 1999 CITY COUNCIL REGULAR MEETING
AND SPECIAL MEETING OF THE TUSTIN PUBLIC FINANCING AUTHORITY
Recommendation: Approve the City Council Minutes of November 1, 1999, and the
Tustin Public.Financing Authority Minutes of November 1, 1999.
m
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,111,317.35 and ratify
Payroll in the amount of $406,492.51.
RESOLUTION NO. 99-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL
MAJOR MAINTENANCE PROJECT, FY 1999-00, AND AUTHORIZING ADVERTISEMENT
FOR BIDS (CIP NO. 7001)
Recommendation: Adopt Resolution No. 99-97 approving plans and specifications for
the Annual Major Maintenance Project FY 1999-00 and authorizing and directing the
City Clerk to advertise for bids as recommended by the Public Works
Department/Engineering Division.
m
AGREEMENT FOR FACILITY USE- SHOOTER'S WORLD
Recommendation: Authorize the Chief of Police to execute an agreement with
Shooter's World located at 1935 Enterprise, Orange, California, for police firearm
qualification and training as recommended by the Police Department.
1
RESOLUTION NO. 99-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL
SIDEWALK, CURB AND GUTTER REPAIR PROJECT FY 1999-00 (PROJECT NO. 402-
6235)
Recommendation: Adopt Resolution No. 99-99 approving the plans and specifications
for the Annual Sidewalk, Curb and Gutter Repair Project FY 1999-00 and authorizing
and directing the City Clerk to advertise for bids as recommended by the Public Works
Department/Engineering Division.
Sm
PLANNING COMMISSION ACTION AGENDA- NOVEMBER 8,' 1999
'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 November 8,
1999.
m
RESOLUTION NO. 99-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DIRECTING THE CHANGE OF STREET NAME FROM BRUNO
Minutes - City Council November 15, 1999 - Page 5
DRIVE TO BRUNS DRI\ ilTHIN THE CITY LIMITS
Recommendation' Adopt Resolution No. 99-98 renaming "Bruno Drive" to "Bruns
Drive" as recommended by the Community Development Department.
10.
AMENDMENT NO. I TO AGREEMENT BETWEEN THE CITY OF TUSTIN AND
ORANGE CHILDREN AND PARENTS TOGETHER
Recommendation: Approve Amendment No. I to the Agreement between the City of
Tustin and Orange Children and Parents Together, Inc. as recommended by the Parks
and Recreation Department.
11.
ACCESS CONTROL SYSTEM UPGRADE
Recommendation: (1) Appropriate $137,910.32 from the unappropriated Reserve
Fund balance for Access System upgrade, and (2) Authorize the Chief of Police to
execute a contract with LJ & Associates, Tustin, California, for installation of a Y2K
compliant security system upon contract approval by the City Attorney as
recommended by the Police Department.
REGULAR BUSINESS ( ITEMS 12 THROUGH. 18)
12. ORDINANCE NO. 1222- DENSITY BONUS
·
It was moved by Thomas, seconded by Doyle, to have second reading by title only of
Ordinance No. 1222.
Motion carried 5-0.
The City Clerk read Ordinance No. 1222 by title only.
It was moved by Thomas, seconded by Doyle, to adopt the following Ordinance No.
1222:
13.
ORDINANCE NO. 1222 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ESTABLISHING THE METHOD OF PROVIDING DEVELOPER
INCENTIVES FOR THE DEVELOPMENT OF HOUSING AS REQUIRED BY STATE LAW
Motion carried 5-0 (roll call vote).
ORDINANCE NO. 1224, ZONE CHANGE 98-006
It was moved by Thomas, seconded by Saltarelli, to have second reading by title only
of Ordinance No. 1224.
Motion carried 5-0.
The City Clerk read Ordinance No. 1224 by title only.
It was moved by Potts, seconded by Doyle, to adopt the following Ordinance No. 1224:
Minutes - City Council November 15, 1999 - Page 6
ORDINANCE NO. 1224 ,xl ORDINANCE OF THE CIT, 3UNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE NEWPORT WARREN PLANNED COMMUNITY
DISTRICT REGULATIONS TO CHANGE THE ZONING DESIGNATION OF THE
PROPERTY LOCATED AT 12569 NEWPORT AVENUE FROM RESIDENTIAL SINGLE
FAMILY-GARDEN OFFICE TO GARDEN OFFICE
14.
15.
Motion carried 5-0 (roll call vote).
COMPENSATION FOR COMMISSIONERS AND COMMITTEE MEMBERS
Councilmember Potts suggested increasing the compensation of the Planning
Commissioners to $100, the Parks & Recreation COmmissioners to $50, and Audit
Committee members to $100; he felt this was fair in comparison to what other cities
paid based on the expertise of the City's Commissioners; and if support warranted, the
resolution could be agendized on December 6.
Mayor Pro Tem Thomas agreed, reiterating that Audit Committee members were
some of the best in the County, referring in particular to their performance during the
1994 County bankruptcy; they worked countless, additional hours performing audits,
preparing studies, and working with the CitY's audit firm; and he supported increasing
their compensation to $600 per year.
It was moved by Doyle, seconded by Thomas, to increase compensation for Planning
Commissioners and Audit Committee members from $50.00 per meeting to $100.00
per meeting, and to increase compensation for Parks and Recreation Commissioners
from $25.00 per meeting to $50.00 per meeting.
Councilmember Saltarelli suggested that an effective date be established for the first
of the year.
The motion was amended, agreeable to maker and second, to include an effective date
of January 1, 2000.
Amended motion carried 5-0.
Mayor Worley clarified the need to increase Council's compensation and requested it
be agendized for December 6, 1999.
CONSIDERATION OF PETITION TO RESTRICT VEHICULAR THROUGH-TRAFFIC
USAGE OF PUBLIC ALLEY NORTH OF FIRST STREET BETWEEN "B" AND "C"
STREETS
Doug Anderson, Senior Project Manager, reported that a petition had been received
signed by forty-two "B" Street residents requesting vehicular access restrictions in a
public alley north of First Street between "B" and "C" Streets; the .petition was due to
concerns of traffic safety, noise, and the City's waste hauler activity in the alley. In
response, staff conducted a public meeting in August inviting all residents on "B" and
"C" Streets and business proprietors on First Street. He stated that at that meeting
Minutes - City Council November 15, 1999 - Page 7
16,
17.
another petition was r~._.,ved from residents on "C" b....et and business proprietors
on First Street requesting the alley remain open to vehicular access; a review of traffic
conditions in the alley back to 1992 revealed no traffic accidents or citations and that
existing signing and striping of the alley were appropriate for current usage. He
reported that current vehicular traffic was approximately twenty vehicles per day;
residents of "C" Street r.equested the alley remain open for emergency access and
access between "B" and "C" Streets; business proprietors requested the alley remain
open to avoid shift of traffic through their driveway/parking lot; and closure could
cause safety concerns for the City with large trash trucks backing oUt of the alley.
It was moved by Thomas, seconded by Doyle, to maintain existing vehicular access in
subject alley to promote efficient neighborhood traffic circulation and provide for
emergency access.
Motion carried 5-0.
MAIN STREET RESERVOIR AND BOOSTER STATION CONSTRUCTION (CIP
PROJECT NO. 600103)
Gary Veeh, Water Services Manager, reported that a 1990 water storage evaluation
study identified structural problems and deficiencies in storage volume in the City's
water system; the study recommended the construction of a 2.2 million gallon
reservoir at Main Street, the only location' with pipes large enOugh to supply all areas
while other reservoirs were being repaired; the City issued $7 million in bonds in 1993
which was expended to improve the system. Mr. Veeh presented exhibits showing
transition from the City Hall architectural style to the Old Town architectural style, and
a new 2.2 million gallon varied concrete reservoir with booster station and parking on
top. Mr. Veeh stated there would be landscape screening; a new fa~:ade for the
existing treatment plant and trees to screen the existing tanks/towers; and 74 new
public parking spaces would be created for the Old Town area. He reported that a
retaining wall at Rawlings Reservoir was replaced; a new booster station was built with
emergency power at the Rawlings site in North Tustin; the acquisition of property for
future expansion at Rawlings Reservoir; an emergency generator had been purchased;
constructed new wells on Vandenberg and on Main Street; a structural analysis had
been completed for the Simon and Foothill reservoirs; and the Newport Avenue
transmission main project was completed. Mr. Veeh stated current projects included
replacement of obsolete electrical panels at seven well sites; replacement of the
computerized telemetry and control system for Y2K compliance; and several
distribution main replacement projects including extending the Newport Avenue water
main to Edinger Avenue.
It was moved by Ports, seconded by Thomas, to receive and file subject report.
Motion carried 5-0.
DENIAL OF CLAIM NO. 99-37, CLAIMANT: MICHAEL MCKINLEY
It was moved by Doyle, seconded by Potts, to deny subject claim and direct the City
Minutes - City Council November 15, 1999 - Page 8
Clerk to send notice to ti. .,aimant and the claimant's a'~ ~ey.
18.
Motion carried 5-0.
DENIAL OF' CLAIM NO. 99-38, CLAIMANT: DENNIS BROOKS
It was moved by Doyle, seconded by Potts, to deny subject claim and direct the City
Clerk to send notice to the claimant and the claimant's attorney.
Motion carried 5-0.
PUBLIC'INPUT - None
OTHER BUSINESS / COMMITTEE REPORTS
Water Privatization Study- Councilmember Potts requested the letter regarding the
water privatization study be provided to City employees.
ETRPA- Councilmember Potts requested that the City Consider joining ETRPA as a
non-voting, non-paying member.
Adjournment- Councilmember Potts requested adjournment in
Savage, formerly associated with Western Medical Center.
memory of Andy
El Toro Airport- Councilmember Saltarelli clarified that the City had taken no position
on the El Toro Airport, including neutrality. Mayor Pro Tem Thomas requested the
City Council take a position on the airport in the near future, and requested legal
clarification of the March ballot initiative's potential impact on the MCAS Tustin
development.
Building Permit Process -Councilmember Saltarelli, referencing the two residents
who had expressed frustration regarding the building permit process, noted that
permits were required for safety, and the Mayor would meet with the residents to
assist in a resolution. Mayor Pro Tem Thomas stated the process' could be
cumbersome and complicated, and requested staff review City brochures to insure
ease of use for the lay person. Staff responded that the brochures were written with
the lay person in mind, however, adherence to the permit process was required for
public safety.
Orange CountY Rescue Mission- Councilmember Saltarelli stated he attended the
O.C. Rescue Mission dedication at MCAS Tustin, clarified that the program focused on
transitional housing for families, and the project was a positive step forward in base
development. Staff suggested that the mission director provide a presentation to the
City Council. Mayor Pro Tem Thomas' commended staff and the Council for their
perseverance in developing the O.C. Rescue Mission project.
Mayor's Prayer Breakfast- Mayor Pro Tem Thomas announced the Mayor's Prayer
Breakfast would be held on November 18th.
Minutes - City Council November 15,' 1999 - Page 9
Christmas Tree Lighting Ceremony- Mayor Pro Tem Thomas clarified that the
Christmas Tree Lighting Ceremony would be held on December 3r~.
December 20th Council Meeting- Mayor Pro Tem Thomas clarified that the December
20th City Council meeting would be cancelled and wished everyone a Happy
Thanksgiving.
High School Football- Councilmember Doyle wished the Tustin High School football
team a successful game'against Bellflower High School.
Senior Center Volleyball Team- Mayor Worley reported the Senior Center Men's
volleyball team had won a bronze medal in National competition.
Grand Jury- Mayor Worley rePorted the Grand Jury was in need of volunteers.
Birthday Wishes- Mayor Worley wished Margarete Thompso'n a Happy 80TM Birthday.
Dinosaur Dash - Mayor Worley reported the Dinosaur Dash had been a successful
fundraiser.
CLOSED SESSION - Mayor Worley announced the City Council would convene in closed
session regarding pending litigation to which the City was a party: Sara Pashalides v. City of
Tustin, et.al, OCSC No. 801875.
ADJOURNMENT- Mayor Worley adjo. urned the meeting at 8:55 p.m. in memory of Andy
Savage. The next regular meeting of. the City Council was scheduled for Monday, December
6, 1999, at 7:00 p.m, in the Council Chamber at 300 Centennial Way.
TRACY WILLS WORLEY, MAYOR
PAMELA STOKER, CITY CLERK
Minutes- City Council November 15, 1999- Page 10