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Home My WebLink About02 MINUTES 10-05-98 MINUTES REG ,R MEETING OF THE CITY G. ~aCIL CITY OF TUSTIN~ CALIFORNIA SEPTEMBER 21~, 1998 NO. 2 10-5-98 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:04 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Thomas. The Invocation was given by Father Christopher Heath, St. Cecilia's Roman Catholic Church. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Thomas R. Saltarelli, Mayor TraCy Wills Worley, Mayor Pro Tem IVlike Doyle Jeffery M. Thomas Jim Potts Pamela Stoker William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George Jeffries, 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 Manager Rita West-field, Assistant Director/Com. Development Valerie Crabill, Chief Deputy City Clerk James Draughon, Senior Project Manager Approximately 25 in the audience AD3OURNMENT NOTICE Mayor Saltarelli announced the meeting would be adjourned in memory of Station 21 Firefighter Allen Donalen. PROCLAMAT]:ONS FIRE PREVENTION WEEK, OCTOBER 4-10 Mayor Saltarelli read and presented a proclamation to Battalion Chief Stan Matthews declaring October 4-10, 1998, as Fire Prevention Week. Battalion Chief Matthews invited Tustin residents to "Open House" on October 10, 1998, at the Tustin Ranch fire station. CITY COUNCIL MINUTES Page 2, 9-21-98 CELEBRATION OF YOUTH MONTH~ OCTOBER Mayor Saltarelli read and presented a proclamation to Tim Curry recognizing October as Celebration of Youth Month. Tim Curry, United States Youth Athletic Network, thanked Council for their support and noted a "Youth .lam" would be held during the weekend of October 23 - 25, 1998, at MCAF, Tustin. PRESENTATION COUNCIL FOR URBAN ECONOMIC DEVELOPMENT AWARD FOR CITY .MARKETING PROGRAM Christine Shingleton, Assistant City Manager, presented the Council for Urban Economic Development Silver Medal Award to Council for the City's marketing brochure, "Grow Strong, Come to Tustin." She stated the brochure was used to market Tustin to the development community and advertise redevelopment opportunities; noted production of a video was underway that would complement "Grow Strong, Come to Tustin"; and that from over 100 entries, Tustin placed second in the award program. Mayor Saltarelli accepted the award on behalf of the City; congratulated those who participated in the development of the brochure; and noted his pleasure with the brochure. PUBLIC INPUT RED HILL FIREFIGHTERS ASSOCIATION Dan York, Red Hill Firefighters Association, invited the public to attend the Firefighters' Pancake Breakfast on September 26, 1998; and reported on the planned elimination of the Paid Call Firefighters program effective January 1999. AD3OURNMENT IN MEMORY OF ALLEN DONALEN/OLD TOWN PARKiNG/POLICE DEPARTMENT COMMENDATION/PAID CALL FIREFIGHTERS Timothy Brun, 13901 N. Yorba #125, Tustin, expressed gratitude for Council's recognition of deceased Firefighter Allen Donalen; spoke in support of Old Town diagonal parking; commended the Police Department for outstanding service to the community; and spoke in support of the Paid Call Firefighter program. TUSTIN SCHOOLS FOUNDATION Robert Machado, Tustin Schools Foundation, reported the 8~ Annual Dinosaur Dash would be held on November 15, 1998, and distributed race t-shirts to Council designed by a Hewes Middle School student. CITY COUNCIL MINUTES Page 3, 9-21-98 PUBLIC HEARING (ITEM 1) 11 CODE AMENDMENT 98-03 (ORDINANCE NO. 1204) - CONSIDERATION OF THE CITY OF TUSTIN COMPREHENSIVE SEXUALLY ORIENTED BUSINESS ORDINANCE Elizabeth Binsack, Director of Community Development, reported that in February and March 1998, Council adopted two urgency ordinances regulating sexually oriented businesses; due to the immediate need to adopt an interim ordinance, time did not allow traditional noticing and public hearings before the Planning Commission and Council; the first ordinance was in effect for 45 days and the second ordinance would expire on January 17, 1999; and staff had prepared a permanent ordinance for consideration establishing regulation of businesses to reduce and eliminate related secondary negative effects while preserving First Amendment rights to locate the businesses within the City. She stated zoning districts had been established as permitted areas; distance requirements had been established between the adult businesses and residential areas, churches, parks, schools, and other similar type sensitive uses; permit fees, advertising, lighting, security, and operational requirements had been established; background investigations on owners and employees would be conducted; and each employee would be licensed independently. Council/staff discussion followed regarding the p~oposed ordinance was substantially the same as the current ordinance; and there were no applicants at this time. Mayor Saltarelli opened the Public Hearing at 7:26 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Thomas, seconded by Worley, to adopt the following Resolution No. 98-86 approving the environmental determination for the project:' RESOLUTION NO. 98-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,.CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR ORDINANCE NO. 1204 (CODE AMENDMENT 98-03) RELATED TO A COMPREHENSIVE SEXUALLY ORIENTED BUSINESS ORDINANCE INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITy. ACT ~Motion carried 4-0, Potts absent. It waS moved by Thomas, seconded by Worley, to have first reading by title only of Ordinance No. 1204. Motion carried 4-0, Potts absent. Following first reading by title only of Ordinance No.. 1204 by the City Clerk, it was moved by Thomas, seconded by Worley, to introduce the following Ordinance No. 1204 (Code Amendment 98-03): ORDINANCE NO. 1204 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A COMPREHENSIVE ORDINANCE TO: DISPERSE AND LIMIT SEXUALLY ORIENTED BUSINESSES TO SPECIFIED ZONING DISTRICTS; LICENSE AND REGULATE SEXUALLY ORIENTED BUSINESSES AND EMPLOYEES; PROVIDE CITY COUNCIL MINUTES Page 4, 9-21-98 ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES; AND REPEAL SECTIONS INCONSISTENT THEREWITH Motion carried 4-0, Ports absent. CONSENT CALENDAR (I'TEMS 2 THROUGH 14) It was moved by Doyle, seconded by Thomas, to approve the Consent Calendar as recommended by staff. Motion carried 4-0., Potts absent. APPROVAL OF MI'NUTES- SEPTEMBER 8, 1998 REGULAR MEk-F[NG Recommendation: Approve the City Council Minutes of September 8, 1998. APPROVAL OF DEMANDS AND RAT]:F]:CAT]:ON OF PAYROLL Recommendation: Approve Demands in the amount of $2,157,953.82 and ratify Payroll in the amount of $361,207.62. 11 PLANN]:NG COMM]:SS]:ON ACT]:ON AGENDA- SEPTEMBER 14, 1998 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify Planning Commission Action Agenda of September 14, 1998. OPEN]:NG OF THE EASTERN TRANSPORTAT]:ON TOLL CORRIDOR, NORTH AND EAST LEGS Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. w RESOLUT]:ON NO. 98-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIJSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP 15574 TO ELIMINATE FOURTEEN (14) PLANNED RESIDENTIAL UNITS AND DEVELOP A COMMUNITY RECREATION FACILITY AT 2834 BALLESTEROS DRIVE W1THIN THE VENTURANZA DEL VERDE PROJECT (APPLICANT: RE]:LLY HOHES, ]:NC.) Recommendation: Adopt Resolution No. 98-85 approving Final Tract Map No. 15574 as recommended by the Community Development Department. 7~ PROGRESS REPORT: CEDAR GROVE PARK AND HERTTAGE PARK (PRO.1ECT NOS. 400041 AND 400042) Recommendation: Receive .and file subject report as recommended by Parks and Recreation Services. Sm ACCEPTANCE OF PUBL]:C ]:MPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 15428 (VZDORRA) Recommendation: Accept all public improvements within Tract No. 15428 and authorize release of the following bonds for the indicated amounts: Faithful Performance Bond No. 24-003-364, $37,000.00; Labor and Materials Bond No. 24-003-364, $18,500.00; and Monumentation Bond No. 24-003-366, $6,000.00 as recommended by the Public Works Department/Engineering Division. CITY COUNCIL MINUTES Page 5, 9-21-98 ! RELEASE OF MONUMENTAT]:ON BOND FOR TRACT NO. 14188 (SAN MARCOS AND SAN RAPHAEL) Recommendation: Authorize release of the following Monumentation BOnd for Tract No. 14188 for the indicated amount: Monumentation Bond No. 111-3285-1616, $19,000.00 as recommended by the Public Works Department/Engineering Division. 10. RESOLUTION NO. g8-83 - A RESOLUTION OF THE C~rl'Y COUNCIL OF THE C~'I'Y OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR BAKER PIPEI_~NE BLOW-OFF EXTENSION TO STORM DRAIN - ,1AMBOREE ROAD 1625' + SOUTH OF PIONEER ROAD (PROJECT NO. 700077) , Recommendation'. Adopt Resolution No. 98-83 accepting said work as complete, authorizing the recordation of the Notice of Completion, and directing the City Clerk to: (1) Release the Labor and Materials Bond not sooner than thirty-five days after the date of recordation of the Notice of Completion, and (2) Release the Faithful Performance Bond not sooner than one. year after the date of the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 11. RESOLUTION NO. 98-.84 - A RESOLU-r~ON OF THE CITY COUNCIL OF THE Orl'Y OF TLISl-IN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND ALJTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR CEDAR GROVE PARK (PRO]ECl' NO. 400041) Recommendation: Adopt Resolution No. 98-84 accepting said work as complete, authorizing the recordation of the Notice of Completion, and directing the City Clerk to: (1) Release the Labor and Materials Bond not sooner than thirty-five days after the date of recordation of the Notice of Completion, and (2) Release the Faithful Performance Bond not sooner than one year after the date of the recordation of the Notice of Completion as recommended by Parks and Recreation Services. 12. PROPOSED PROSECUTION SERVICES AGREEMENT WITH THE'DI'STR]:CT A'rrORNEY Recommendation: Approve a Prosecution Services Agreement with the District Attorney as recommended by the Assistant City Manager. 13. DENIAL OF CLAIM NO. 98-27, CLAI~MANT: RHONDA THORSTAD-CURTIS 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. 14. DENIAL OF CLAIM NO. 98-28, CLAIMANT: CAROl]NE LOFTUS 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. REGULAR BUSTNESS ( I'TEMS 15 THROUGH 16 ) 15. ORD]:NANCE NO. 1206, CODE AMENDMENT 98-003(B) - MEDTCAL OFF]:CE PARK]:NG RATES AND .10]:NT-USE PARK]:NG · It was moved by Thomas, seconded by DOyle, to have second reading by title only of CITY COUNCIL MINUTES Page 6, 9-21-98 Ordinance No. 1206. Motion carried 4-0, Potts absent. Following second reading by title only of Ordinance No. 1206 by the City Clerk, it was moved by Thomas, seconded by Worley, to adopt the following Ordinance No. 1206: ORDINANCE NO. :!.206 - AN ORDINANCE OF THE CiTY COUNCIL OF THE C~'I-Y OF TUS'I-~N, CALIFORNIA, APPROVING CODE AMENDMENT 98-003(B), AN AMENDMENT TO TUS'I'~N C]-I'Y CODE SECTIONS 923168, 9232c2f, AND 934f3b5 RELATED TO MEDICAL OFFICE PARIONG RATES, AND ADDING SECT[ON 9271aa RELATED TO .IOINT-USE PARKING Motion carried 4-0, Ports absent (roll call vote). 16. TUSTIN HIGH SCHOOL TILLER TRICK OR TREAT FUNDING REC~UEST Tim O'Donoghue, Tustin High School Assistant Principal, stated that two years ago Tustin High School started a Halloween event where students decorated the campus and invited elementary school children to trick or treat from room to room in a safe environment; each year the Associated Student Body (ASB) requested funding assistance from the City; and the requested $500 funding increase from laSt year was due to inviting three additional schools to participate in the event. He commented on the cooperation between the City and school district on this project; commended the volunteers for their work; and thanked the City for their past support. Council/speaker discussion followed regarding including Peters Canyon Elementary School in the event; the City was hosting a Halloween program at Heideman Elementary School on October 30, 1998; each year the event incorporated more schools to participate in the event; requesting funding assistance from the Tustin Community Foundation; the ASB canvassed the community for donations for the event and raised over $400 last year; the event benefited the community; and future City donations could not continue to escalate. It was moved by Doyle, seconded by Thomas, to appropriate $2,500 to Tustin High School for the Tiller Trick or Treat event. Motion carried 4-0, Ports absent. Councilmember Doyle encouraged the public to donate candy and deliver it to Mr. O'Donaghue prior to the event. PUBLIC INPUT- None OTHER BUSINESS/COMMITTEE REPORTS GELSON'S MARKET Councilmember Doyle locating in Tustin. requested staff contact Gelson's Market representatives about CITY COUNCIL MINUTES Page 7, 9-21-98 PAID CALL FIREFIGHTERS Councilmember Doyle expressed support for the Paid Call Firefighters program and stated he had requested additional information regarding the Fair Labor Standards Act regulations. Mayor Pro Tern Worley expressed appreciation for the services of Paid Call Firefighters; stated she hoped the dismissed firefighters would re-enroll in the new Fire Reserve Program; and noted the Fire Authority had been out of compliance with federal regulations governing payment of volunteers. ALLEN DONALEN FUNERAL Mayor Pro Tem Worley reported she had attended the funeral for Firefighter Allen Donalen and commended his fellow firefighters for assistance given to his family. HERITAGE PARK DEDICATION Mayor Pro Tem Worley noted the Heritage Park dedication was scheduled for October 31, 1998, at 11:00 a.m. CEDAR GROVE PARK · Councilmember. Thomas noted the completion of Cedar Grove Park and encouraged residents to utilize the beautiful and unique park. ROSH HASHANAH/NEW YEAR Councilmember Thomas wished the .lewish community a happy Rosh Hashanah and new year. TRAFFIC CONGESTLON - PIONEER/TUSTIN RANCH ROADS Councilmember Thomas noted the on-going street improvements in the Pioneer/Tustin Ranch Roads area and requested the Police Department monitor traffic congestion. ABSENT FROM MEETING Councilmember Thomas reported he would be absent from the October 5, 1998 Council meeting. THI~VZNG BUSINESSES Mayor SaltarellJ reported it had been a week filled .with ribbon cutting and business events for the Mayor and was pleased to see business thriving in Tustin. CITY COUNCIL MINUTES Page 8, 9-21-98 B'NAI ISRAEL CONGREGATION' GROUND BREAKING Mayor Saltarelli reported he had attended the ground breaking ceremony for additional construction at B'Nai Israel Congregation. TUSTIN THUNDER Mayor Saltarelli reported he had attended the Tustin Thunder racing event and enjoyed his lap around the track. ADJOURNMENT IN MEMORY OF ALLEN DONALEN Mayor Saltarelli requested adjournment in memory of Station 21 'Firefighter Allen Donalen. CLOSED SESSION Mayor Saltarelli 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: El Toro Reuse Planning Agency, et. al. vs. Board of Supervisors for the County of Orange, Case No. 710121 (San Diego Superior Court); and to confer with their negotiators regarding the terms and conditions of real property acquisition pursuant to Government Code Section 54956.8. The real property and pertinent facts were: 240 Third Street, Tustin; parties were City of Tustin and Walter and Marilyn Emery & Associates. AD.1OURNMENT Mayor Saltarelli adjourned the meeting at 7:50 p.m. in memory of Allen Donalen. The next regular meeting of the City Council.was scheduled for Monday, October 5, 1998, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. THOMAS R. SALTARELLIf MAYOR PAMELA STOKE~ CZ'TY CLERK