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Home My WebLink AboutCC MINUTES 1996 06 03MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JUNE 3, 1996 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Worley at 7:00 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Saltarelli. The Invocation was given by Councilmember Doyle. 7;ROLL CALL I Council Present: Tracy Wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem (arrived at 7:35 p.m.) Mike Doyle Thomas R. Saltarelli Council Absent: Jim Potts City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George Jeffries, City Treasurer Elizabeth Binsack, Director of Com. Development W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Mike Henley, Director of Community Services Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Com. Development Valerie Crabill, Chief Deputy City Clerk Approximately 25 in the audience PUBLIC INPUT - None !PUBLIC HEARING - None CONSENT CALENDAR (ITEMS 1 THROUGH 12) It was moved by Saltarelli, seconded by Doyle, to approve the Consent Calendar as recommended by staff. Motion carried 3-0, Thomas, Potts absent. 1. APPROVAL OF MINUTES - MAY 20, 1996 REGULAR MEETING Recommendation: Approve the City Council Minutes of May 20, 1996. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $381,304.35 and ratify Payroll in the amount of $340,306.52. 380-10 360-82 3. RESOLUTION NO. 96-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 96-2 Recommendation: Adopt Resolution No, 96-60 approving Lot Line Adjustment No. 96-2 as recommended by the Public Works Department/Engineering Division. 600-35 4. RESOLUTION NO. 96-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR ANNUAL SIDEWALK, CURB AND GUTTER AND INTERLOCKING PAVER REPAIR PROJECT, FY 1995-96 (PROJECT NO. 4020-6235) Recommendation: Adopt Resolution No. 96-58 accepting said work as complete 'and authorize the recordation of the Notice of Completion, and direct the City Clerk to (1) Release the Labor and Materials Bond not sooner than thirty-five (35) 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 recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 400-45 5. LEVY OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT, 1996-97 FISCAL YEAR Recommendation: Adopt the following Resolution Nos. 96-56 and 96- 57 approving the Engineer,'s Report for the fiscal year 1996-97; and declaring intent to annex additional territory, levy CITY COUNCIL MINUTES Page 2, 6-3-96 assessments for fiscal year 1996-97, and set a Public Hearing for July 1, 1996 as recommended by the Public Works Department/ Engineering Division: RESOLUTION NO. 96-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE 1996-97 FISCAL YEAR FOR THE LEVY OF ANNUAL ASSESSMENT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND FOR THE ANNEXATION OF ADDITIONAL TERRITORY TO SAID EXISTING DISTRICT -- RESOLUTION NO. 96-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,.DECLARING ITS INTENTION TO ORDER THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF 340-60 6. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS Recommendation: Receive and file subject report as recommended by the Community Development Department. 690-10 7. APPROVE CONSULTANT FOR CLASSIFICATION STUDY AND APPROPRIATE FUNDS Recommendation: Authorize the City Manager to enter into a contract with Creative Management Solutions to conduct the classification study and salary survey for non -management and confidential miscellaneous employees as approved in Resolution No. 96-21 and the Memorandum of Understanding of April 15, 1996; and authorize the appropriation of funds to cover the cost of this study as recommended by Personnel Services. 510-30 S. CULTURAL RESOURCES ADVISORY COMMITTEE APPOINTMENT Recommendation: Appoint Linda Jennings to fill the current vacancy on the Cultural Resources Advisory Committee as recommended by the Community Development Department. 120-20 9. CONSIDERATION OF AN AGREEMENT FOR HEALTH SERVICES BETWEEN THE CITY OF TUSTIN AND THE COUNTY OF ORANGE Recommendation: Authorize the Mayor and City Clerk to execute the Agreement for the Provision of Environmental Health Services between the, County of Orange and the City of Tustin as recommended by the Community Development Department. 400-70 10. PLANNING COMMISSION ACTION AGENDA - MAY 28, 1996 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 May 28, 1996. 120-50 11. RESOLUTION NO. 96-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE BYLAWS OF THE TUSTIN COMMUNITY FOUNDATION TO ADJUST MEMBERS' TERM DATES TO COINCIDE WITH THE FISCAL YEAR OF THE CORPORATION AND ESTABLISH A NEW DATE FOR THE ANNUAL MEETING Recommendation: Adopt Resolution No. 96-59 amending the bylaws of the Tustin Community Foundation as recommended by the Community Services Department. 125-45 12. CONTRACT WITH ADMINISTRATIVE HEARING OFFICER TO REVIEW CONTESTED PARKING CITATIONS Recommendation: Approve the Professional Services Agreement, as amended, between the City of Tustin and Gary I. Kusunoki, and authorize the City Manager to execute the Agreement as recommended by the City Attorney. 400-10 REGULAR BUSINESS { ITEMS 13 THROUGH 15 13. APPROVAL OF FINANCING DOCUMENTS COUNTYWIDE PUBLIC FINANCING AUTHORITY 1996 REVENUE BONDS Ronald Nault, Finance Director, reported that Council authorization would permit the City to join the Public Financing CITY COUNCIL MINUTES Page 3, 6-3-96 Authority and to proceed with financing for the City's share of the 800 MHz system and the 5 -acre park; noted that minor adjustments to the financing documents would be dependent upon rating agencies and underwriters review before final closing in July 1996; the net interest cost was anticipated at approximately 5 percent; and the annual debt service was estimated at approximately $330,000 and had been appropriated to the general fund for 1996-97. rte■, Councilmember Doyle stated that he supported funding the 800 MHz system; however, he was concerned about the general fund annual debt service obligation for the 5 -acre park. William Huston, City Manager, stated that financing the 5 -acre park project could be delayed upon Council action; Proposition 172 and asset forfeiture monies would assist in funding the 800 MHz system; $500,000 of park fund monies would partially fund the 5 - acre park; and the Financing Authority presented the most economical funding source to finance the balance of the 800 MHz and 5 -acre park. Councilmember Saltarelli noted that past action by a Council majority had voted to proceed with funding the 5 -acre park; the City's $700,000 deposit with the County of Orange for the 800 MHz system agreement would be refunded and used for financing the communication system; and he supported funding the 5 -acre park through the Financing Authority. Mayor Worley stated that a Council majority had recently approved the 5 -acre park funding and there was no reason to delay park construction. It was moved by Saltarelli, seconded by Doyle, to adopt the row". following Resolution No. 96-62: RESOLUTION NO. 96-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT CREATING THE COUNTYWIDE PUBLIC FINANCING AUTHORITY Motion carried 3-0, Thomas, Potts absent. It was moved by Doyle, seconded by Saltarelli, to adopt the following Resolution No. 96-63: RESOLUTION NO. 96-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINANCING PROCEEDINGS FOR THE CITY'S SHARE OF THE COUNTYWIDE 800 MHZ COMMUNICATIONS SYSTEM AND/OR TO FINANCE OTHER CAPITAL IMPROVEMENTS WITHIN THE GEOGRAPHIC BOUNDARIES OF THE CITY, APPROVING ISSUANCE OF REVENUE BONDS BY THE COUNTYWIDE PUBLIC FINANCING AUTHORITY FOR SUCH PURPOSE, AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS Motion carried 3-0, Thomas, Potts, absent. It was moved by Saltarelli, seconded by Doyle, to have first reading by title only of Ordinance No. 1168. Motion carried 3-0, Thomas, Potts absent. Following first reading by title only of Ordinance No. 1168 by the City Clerk, it was moved by Saltarelli, seconded by Doyle, that the following Ordinance No. 1168 be introduced: ORDINANCE NO. 1168 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PUBLIC LEASE BACK OF,CERTAIN FACILITIES WITH THE COUNTYWIDE PUBLIC FINANCING AUTHORITY Motion carried 3-0, Thomas, Potts absent. 400-10 14. STATUS OF NEGOTIATIONS TO PROVIDE CABLE SERVICE FOR TUSTIN GARDENS APARTMENTS Lois Jeffrey, City Attorney, reported that the involved parties had executed an agreement and cable access construction to Tustin CITY COUNCIL MINUTES Page 4, 6-3-96 Gardens would begin in 30 days. 400-10 15. PROPOSED ADOPTION OF TWO URGENCY ORDINANCES TO ESTABLISH LICENSING AND LAND USE REGULATIONS FOR ADULT ENTERTAINMENT BOOKING AGENCIES See page 5. PUBLIC INPUT See page 5. OTHER BUSINESS CHILI COOK -OFF Councilmembers Doyle and Saltarelli reported on the successful Chili Cook -off event. TUSTIN/FOOTHILL HIGH SCHOOLS - CIF ACHIEVEMENTS Councilmember Doyle reported on CIF achievements for Tustin and Foothill High School teams. POLICE OVERTIME FOR GANG SUPPRESSION Councilmember Doyle requested the City Manager be authorized to approve $15,000 to $20,000 in police overtime for gang suppression. William Huston, City Manager, responded that the matter would be discussed during the budget workshop on June 10, 1996. TUSTIN SPORTS PARK Councilmember Saltarelli reported that the Sports Park was being heavily used on the weekends, the food concession was open, and encouraged residents to visit the park. PROPERTY TAX LEVIES - PUBLIC FINANCING AUTHORITY Councilmember Saltarelli requested clarification for property tax levies and collections on the Public Financing Authority documents. Ronald Nault, Director of Finance, responded that all taxes were property related for City, Redevelopment Agency, and Assessment Districts. SPECTRUM LEADERSHIP AWARDS Mayor Worley reported on her attendance at the Spectrum Leadership Awards and commended the four nominated finalists from Tustin and Foothill High Schools. STATE OF THE CITY LUNCHEON Mayor Worley reported that the "State of the City" luncheon would be held at the Revere House on June 7, 1996. COMMITTEE REPORTS ORANGE COUNTY FIRE AUTHORITY Councilmember Saltarelli reported on adoption of the Fire Authority budget and gave a progress report on the Authority's activities and achievements during the past year. Mayor Worley recessed the meeting at 7:24 p.m. to the Redevelopment Agency meeting. Following a ten-minute recess, the meeting was reconvened at 7:35 p.m. CITY COUNCIL MINUTES Page 5, 6-3-96 REGULAR BUSINESS 15. PROPOSED ADOPTION OF TWO URGENCY ORDINANCES TO ESTABLISH LICENSING AND LAND USE REGULATIONS FOR ADULT ENTERTAINMENT BOOKING AGENCIES (Agenda Order) Lois Jeffrey, City Attorney, reported the proposed urgency ordinances would establish licensing and land use regulations for r-� adult entertainment booking agencies operating in Tustin for the past 1, years. She stated information gathered from the police department, citizens, and the business license division revealed the booking agencies were not compatible with similar office uses due to loitering, late night and early morning pedestrian traffic, and possible criminal activity stemming from the agencies providing private adult entertainment. Due to increased neighboring business complaints and the police department's concern regarding illegal activity of the agencies, she recommended requiring the agencies obtain a business license and conditional use permit to operate in the City by adoption of the proposed urgency ordinances. It was moved by Saltarelli, seconded by Thomas, to have first reading by title only of Urgency Ordinance Nos. 1169 and 1170. Motion carried 4-0, Potts absent. The City Clerk read Urgency Ordinance No. 1169 by title only. It was moved by Saltarelli, seconded by Thomas, that Urgency Ordinance Nos. 1169 and 1170 be introduced. Motion carried 4-0, Potts absent. It was moved by Saltarelli, seconded by Thomas, to adopt the following Urgency Ordinance Nos. 1169 and 1170: ORDINANCE NO. 1169 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING LICENSING REGULATIONS FOR ADULT ENTERTAINMENT BOOKING AGENCIES ORDINANCE NO. 1170 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING INTERIM LAND USE REGULATIONS FOR ADULT ENTERTAINMENT BOOKING AGENCIES Motion carried 4-0, Potts absent (roll call vote). 270-35 (See page 6 for Urgency Ordinance No. 1170 reading by title only.) PUBLIC INPUT (Agenda Order) RAIL PLATFORM Anthony Trujillo, 2001 Kingsboro Circle, Tustin, expressed concern that the City was planning to establish a train station and at the same time was attempting to reduce population density. Mayor Worley and Councilmember Saltarelli clarified that the City was establishing a rail platform, not adding a station, and the City would need to provide public transportation access due to development of Marine Corps Air Station, Tustin, upon its closure, and surrounding areas. OTHER BUSINESS (Agenda Order) CHILI COOK -OFF Mayor Pro Tem Thomas thanked everyone who participated in the Chili Cook -Off. CLOSED SESSION Mayor Worley announced the City Council would convene in closed session to confer with the City Attorney regarding pending litigation to which the City was a party, entitled Arnold McGuire vs. City of Tustin, Tustin Police Department, W. Douglas Franks, Sergeant Fisher, and Officer Casiello, O.C.S.C. Case No. 757433. CITY COUNCIL MINUTES Page 6, 6-3-96 REGULAR BUSINESS 15. PROPOSED ADOPTION OF TWO URGENCY ORDINANCES TO ESTABLISH LICENSING AND LAND USE REGULATIONS FOR ADULT ENTERTAINMENT BOOKING AGENCIES (Agenda Order) It was moved by Doyle, seconded by Thomas, that Urgency Ordinance No. 1170 have first reading by title only. Motion carried 4-0, Potts absent. The City Clerk read Urgency Ordinance No. 1170 by title only. Mayor Worley adjourned the meeting at 7:44 p.m. The City Council had scheduled a budget workshop on June 10, 1996, at 5:30 p.m. in the Community Center; and the next regular meeting of the City Council was scheduled for Monday, June 17, 1996, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. TRACY WI WORLEY, MAYOR Oil! q iiil 12-0 W,