HomeMy WebLinkAbout05 MINUTES 05-06-96H~NUTES
RE~UL~RI~ET~N~ OF THE C~TY COUNCIL
C~TY OF TUST~N~ CALiFORNiA
APRIL 15v 1996
NO. 5
5-6-96
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Pro Tem Worley at 7:04 p.m. at
the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge
of Allegiance was led by Councilmember Thomas.
INVOCATION
The Invocation was given by Rev. Lynne Austin Alder~gate United Methodist
ChUrch. ,
ROLL CALL
Council Present:
Council Absent:
City Clerk:
Others Present:
PUBLIC INPUT
Tracy Wills Worley, Mayor Pro Tem
Mike Doyle
Thomas R. Saltarelli
Jeffery M. Thomas
Jim Potts, Mayor
Pamela Stoker
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
Valerie Crabill, Chief Deputy City Clerk
Scott Reekstin, Associate Planner
Rita Westfield, Asst. Dir./Com. Development
Rick Zimmer, 'Redevelopment Program Manager
Rick Brown, Building Official
Gary Veeh, Water Service Manager
Bettie Correa, Senior Personnel Analyst
Dave Gottlieb, Redevelopment Project Manager
Paula Rankin, Associate Planner
Christie Carpenter, Recreation Coordinator
Darin Loughrey, Recreation Supervisor
Jim Box, Recreation Supervisor
Sara Pashalides, Associate Planner
Approximately 115 in the audience
PROCLAMATION REQUEST - FOOTHILL HIGH'SCHOOL BAND
Helen Edgar, 13622 L°retta Drive, TUstin, reported that the
Foothill High School band had won a sweepstakes award in. Hawaii
and requested a proclamation be given by Council
concurred. · Council
CITY coUNcIL MINUTES
Page 2, 4-15-96
PUBLIC HEARINGS
le
(ITEMS i THROUGH 4)
APPEAL OF CONDITIONAL USE PERMIT 95-008 AND DESIGN REVIEW 95-023
(WALGREENS PHARMACY)
Mayor Pro Tem Worley reported that Council had received additional
information regarding the appeal just prior to the meeting and had
been unable to review the material. She questioned whether the
public hearing could be continued.
Lois Jeffrey, City Attorney, recommended that the public hearing
be continued to the May 6, 1996 meeting.
It was moved by Saltarelli, seconded by Thomas, to continue the
public hearing to the May 6, 1996 Council meeting.
Motion carried 4-Q, Potts absent.
EXTENSION OF INTERIM URGENCY ORDINANCE NO. 1163, WIRELESS
COMMUNICATION FACILITIES
Scott Reekstin, Associate Planner, reported that proposed
Ordinance No. 1167 extended the interim wireless communication
regulations adopted at the March 4, 1996 Council meeting. He
stated the time extension was necessary in order to develop
codified wireless communication regulations in conjunction with
the City's Zoning Code update, and due to the threat to public
health, safety and welfare because of the market proliferation and
lack of operational control over wireless communication
facilities.
It was moved by Doyle, seconded by Thomas, that Ordinance No. 1167
have first reading by title only. Motion carried 4-Q, Potts
absent.
Following first reading by title only of Ordinance No. 1167 by the
City Clerk, it was moved by Doyle, seconded by Thomas, that
Ordinance No. 1167 be introducedi Motion carried 4-0, Potts
absent.
Mayor Pro Tem Worley opened the public hearing at 7:11 p.m.
The following member of the audience commented on Interim Urgency
Ordinance No. 1167, adopting interim regulations for wireless
communication facilities in the City of Tustin:
Karen Gulley, representing Pacific Bell Mobile Services
There were no other speakers on the subject and the public hearing
was closed at 7:13 p.m.
It was moved by Thomas, seconded by Doyle, that the following
Ordinance No. 1167 'be adopted:
ORDINANCE NO. 1167 - AN INTERIM URGENCY .ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING INTERIM
CITY COUNCIL .MINUTES
Page 3, 4-15-96
·
URGENCY ORDINANCE NO. 1163 AND ADOPTING INTERIM REGULATIONS FOR
WIRELESS COMMUNICATION FACILITIES IN THE CITY OF TUSTIN
Motion ~carried 4-0, Potts absent (roll call vote).
TUSTIN I~NCH TREE PARK
Mike Henley, Director of Community Services, reported the Tustin
Ranch Tree Park Master Plan had been a continuing public process
that began in June 1995; the joint development effort of the
Master Plan by RJM Design GrOup and staff; Master Plan components
including the Preliminary Concept Plan and the Design Development
Report; Master Plan approval by the Parks and Recreation and
Planning Commissions; estimated construction cost of $1.4 million;
park construction funding through the Capital Improvement Fund;
and park construction phasing options.
William Huston, City Manager, reported that Council had requested
staff prepare a park financing plan addressing park construction
in one phase or two phases; recommended proceeding with
authorizing the construction drawings and beginning the bid
process; staff would present park phasing financing options at a
May Council meeting; and staff's objective of developing a
financing plan which included other unfunded park projects.
The following member of the audience explained the Tustin Ranch
Tree Park Design Plan and gave a slide presentation which
overviewed the design process including: the tree grove; design
sketches by members of the community; workshop group design plans;
first phase improvements; and architectural elements:
Larry Ryan, RJM Design Group
Council/staff/speaker discussion followed regarding Fire Authority
regulations prohibiting barbecues because the Tree Park was
located in a fire hazard zone; and investigating installation of
barbecues at the Tustin Sports Park.
Mayor Pro Tem Worley opened the public hearing at 7:26 p.m.
The following member of the audience spoke in favor of
constructing the Tustin Ranch Tree Park in one phase:
Karen Daurio, 11075 Means, Tustin
William Huston, City Manager, reiterated Council's request that
staff research Tree Park financing and operational issues in one
or two phases; funding for the Tree Park was available in the Park
Development Fund; approval of the final construction design;
examining the most favorable funding options for the Tree Park and
other ~park projects; and construction of the Tree Park would
proceed on schedule.
Council/staff/sPeaker Daurio discussion followed regarding Tree
Park construction schedule; approval of the Preliminary Conceptual
Plan; construction drawings were the next stage in the
CITY COUNCIL MINUTES
Page 4, 4-15-96
construction process; potential savings in one.phase construction;
and area residents opposed to inclusion of an amphitheater in the
park.
There were no other speakers on the subject and the public hearing
was closed at 7:34 p.m.
Council/staff discussion followed regarding. Parks and Recreation
and Planning Commissions' 'reView of additional amenities in the
'final construction design.
Councilmember Thomas stated that because of the potential savings,
he supported Tree Park construction in one phase and requested
staff return with funding options at a June Council meeting.
Councilmember Saltarelli commented on the positive Master Plan
process and use of public workshops; the Tree Park would be open
to the entire community; he had received numerous telephone calls
regarding constructing basketball courts at the park; he did not
believe basketball court usage would create a noise factor; noted
the continuous use of the Sports Park basketball courts; potential
loss ~of Tustin. High basketball courts; and he supported
construction of one full basketball court.
Mayor Pro Tem Worley commended staff on the Tree Park planning
process; supported construction of a full basketball court; use of
the basketball courts would not.generate excess noise; opposed
lock gates at the park; and supported one phase park construction.
Councilmember Thomas stated the importance of integrating a
basketball court into the park design; noted residents' concerns
that construction of an amphitheater could delay completion of the
park; and questioned what activities would be conducted at the
amphitheater.
Mike Henley responded that public concerns regarded safety issues
and police visibility from the parking lot to the rear park site
area. He stated that topographical studies were conducted and the
amphitheater did not create~a visual problem from the parking lot
and that police vehicles could have access to'the back of the park
for patrol purposes. He stated that the amphitheater was to
provide an informal venue for citizen use and would not be a
concert venue; use by the proposed elementary school as an
educational resource; and with proper lighting and visibility to
the rear'of the park, it would be an asset to include the
amphitheater in the park design.
Councilmember Doyle noted success of the City of Orange's park
amphitheater and he was unaware of any problems caused by the
facility's location in .the park; and he requested installation of
barbecues at the Tree Park as the surrounding area developed.
It was moved by Saltarelli, seconded by Thomas, to adopt the
Tustin Ranch Tree Park Master Plan and Design/Development Report;
construction completion in one phase; and add a full basketball
court.
CITY COUNCIL MINUTES
Page 5, 4-15-96
·
Motion carried 4-0, Potts absent.
AMENDED FINAL STATEMENT OF OBJECTIVES AND ONE-YEAR ACTION PLAN
(APPLICATION) FOR PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS
Mayor Pro Tem Worley opened the public hearing at 7:46 p,m. There
were no speakers on the subject and the public hearing was closed.
It was moved by Thomas, seconded by Doyle, to adopt the following
Resolution No. 96-33 approving amendments to the Final Statement
of Objectives and One-Year Action Plan (application) for the
proposed use of Community Development Block Grant (CDBG) funds:
R~SOLUTION NO. 96-$.$ - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENTS TO THE CITY'S
FINAL STATEMENT OF OBJECTIVES AND ONE-YEAR ACTION PLAN
(APPLICATION) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND
AUTHORIZING SUBMISSION OF SUCH AMENDMENTS TO THE FEDERAL
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Motion carried 4-0, Potts absent.
CONSENT CALENDAR
(ITENS 5 THROUGH 20)
Item No. 18 was removed from the.Consent Calendar by Councilmember Doyle.
It was ~oved by Saltarelli, seconded by Thomas, to approve the remainder
of the Consent Calendar as recommended by staff Motion carried 4-0,
Potts absent. '
APPROVAL OF MINUTES - APRIL 1, 1996 REGULAR MEETING
Recommendation: Approve the City Council Minutes of April 1,
1996.
· ·
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,635,152.46
and ratify Payroll in the amount of $333,8'04.26.
APPROVAL OF COUNTY OF ORANGE AGREEMENT' D96-025
Recommendation: Approve Agreement D96-025 with the County of
Orange Environmental Management. Agency and authorize the Mayor to
execute said agreement upon approval of the City Attorney as
recommended by the Public Works Department/Water Division.
AMENDMENT TO GROUNDWATER RECOVERY . PROGRAM AGREEMENT WITH
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
Recommendation: Approve the First Amendment to Agreement No.
3907, Tustin Desalter Joint Participation Agreement for Recovery
and Utilization of Contaminated Groundwater between Metropolitan
Water.District of Southern California., Municipal Water District of
Orange County, Orange County Water District,' East Orange County
Water District and City of Tustin (Groundwater Recovery Program)
as recommended by the Public Works Department/Engineering
Division.
CITY COUNCIL MINUTES
Page 6, 4-15-96
·
PROFESSlON&L SERVICES ~GREEI~ENT FOR CONSULTING CITY TRAFFIC
ENGINEERING SERVICES'
Recommendatio2: Award. a Professional Services Agreement to
Willdan Associates to provide traffic engineering services to the
City and authorize execution of a Professional Services Agreement
by the Mayor and City Clerk, subject to the City Attorney's
approval as to form, as recommended by the Public Works
Department/Engineering Division.
DECLARATION OF SURPLUS VEHICLES, WORK EQUIPI(ENT;kNDMISCELL~-NEOUS
FURNITURE
Recommendation: Declare the equipment detailed in subject report
surplus and not required for public use and authorize the Public
Works Department to dispose of equipment in accordance with
Ordinance No. 871 of the City of Tustin as recommended by the
Public Works Department/Field Services Division.
R~SOLUTION NO. 96-34 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR RECONSTRUCTION
OF "C" STREET NORTH OF MITCHELL 'AVENUE, COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDINGo1994-95 FY (PROJECT NO. 200031)
Recommendation: Adopt Resolution No. 96-34 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.
RESOLUTION NO. 96-39 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING ANAPPLICATION BY THE CITY
OF TUSTIN TO THE STATE OFFICE OF HISTORIC PRESERVATION FOR A
CERTIFIED LOCAL GOVERNMENT GRANT
Recommendation: (1) Adopt Resolution No. 96-39 authorizing the
filing of an application to the State office of Historic
Preservation for a Certified Local Government grant; the grant
will be used for the development of Commercial Sign Guidelines for
the Cultural Resources District and for attendance at one workshop
and one annual conference by members of the Cultural Resources
Advisory Committee and support staff; (2) Authorize the Community
Development Director or her authorized representative as the agent
for the City to coordinate, process and execute all documents
within the scope of the grant project; and (3) Agree that all
required local matching funds or in-kind services be provided by
the City for the proposal as recommended by the Community
Development Department.
R~SOLUTION N0. 96-40 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF SUBJECT
IMPROVEMENT PROJECT(S) TO THE ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING
PROGRAM
Recommendation: Adopt Resolution No. 96-40 requesting the Orange
County Transportation Authority to include the City of Tustin
CITY COUNCIL MINUTES
Page 7, 4-15-96
14.
15.
16.
17.
19.
Commuter Rail Station in the 1996-2000 Measure M Transportation
Demand Management Program as recommended by the Public Works
Department/Engineering Division.
AWARD OF CONTRACT FOR WALNUT AVENUE 'SB 821 PEDESTRIAN
IMPROVEMENTS, FRANKLIN AVENUE TO MYFORDROAD (PROJECT NO. 700061)
~ecommendation: Award the contract for Walnut Avenue SB 821.
Pedestrian Improvements, Franklin Avenue to Myford Road, to Vart
Construction, Glendale, California, in the amount of $39,398.50;
and authorize an interim budget transfer of $8,600.00 from the
Capital Improvement Program fund to this project until Fiscal Year
1996-97 SB 821 funds are provided to theCity as recommended by
the Public Works Department/Engineering Division.
SENIOR ADVISORy BOARD APPOINTMENT CONFIRMATION.
Recommendation: Confirm Josephine Christoff, Doreen Henson,
Martin Gelband, Evelyn 01sen, and Janis Pasqualin as members of
the Senior Advisory Board as recommended by the current
the Board and the Senior Center staff. Members of
AUTHORIZE PREPAYMENT OF WATER ENTERPRISE CONSTRUCTION CONTRACT,
CORNICHE DEVELOPMENT .
Recommendation: Authorize the Finance Director. to prepay the
outstanding construction contract due to Corniche Development at'
a present value discount of 26%, the net amount to be paid will be
approximately $4,300, as recommended by the Finance Department.
RESOLUTION NO. 96m38 - A RESOLUTION OF THE CITy COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING ENTERING INTO SEPARATION
AGREEMENTS BETWEEN THE COUNTY OF ORANGE AND THE CITY OF TUSTIN TO
SEPARATE AND TRANSFER COMMUNITY DEVELOPMENT BLOCK GRANTAND HOME
PROGRAM FUNDS FROM THE COUNTY TO THE CiTY
Recommendation: Adopt Resolution No. 96-38 authorizing the
Community Development Department to enter into Separation
Agreements with the County of Orange to transfer approximately
$60,324.78, or the amount of the fund balance as of March 31,
1996, in Community Development Block Grant (CDBG) and $190,000,00
in HOME program funds from the Cou, nty line of credit to the City
line of credit as recommended by the Community Development
Department.
·
RESOLUTION NO. 96-35 - A RESOLUTION' OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE TUSTIN
SPORTS PARK (PROJECT NO. 400022)
Recommendation: Adopt Resolution No. 96-35 accepting said Work as
complete and authorizing the recordation of the Notice of
Completion and directthe 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 Community Services 'Department and Public Works
Department/Engineering Division.
CITY COUNCIL MINUTES
Page 8, 4-15-96
20.
MEMORANDUM OF UNDERSTANDING, TUSTIN MUNICIPAL EMPLOYEESm
ASSOCIATION
Recommendation: Authorize the City Manager to' sign and execute
subject Memorandum of Understanding with the Tustin Municipal
Employees' Association as recommended by Personnel Services.
CONSENT CALENDAR ITEM NO. 18 - PLANNING COMMISSION ACTION AGENDA - APRIL
8v 1996
Councilmember Doyle commented on the Board of Appeals meeting held on
April 8, 1996, regarding the McFadden Village Apartments. He commended
staff for investigating the site's conditions and issuing a Notice and
Order to the property owner; and stated he was appalled.;bY the atrocious
conditions of the McFadden Village Apartments.
It was moved by Doyle, seconded by Worle¥, to direCt staff to take
appropriate actionto correct building conditions at the McFadden Village
APartments.
Motion carried 4-0, Potts absent.
It was moved by Saltarelli, seconded by Thomas, to ratify the Planning
CommiSsion Action Agenda of April 8, 1996.
Motion carried 4-Q, Potts absent.
21.
9_2.
TUSTIN EASTERN LITTLE LEAGUE FUNDING REQUEST
Mayor Pro Tem Worley announced that due to Mayor Potts' absence,
this item would be continued to the May 6, 1996 Council meeting.
DECLARING RESULTS OF M~RCH 26, 1996 GENERAL MUNICIPAL ELECTION/
OATHS OF OFFICE
It was moved by Thomas, seconded by Doyle, to adopt the following
Resolution No. 96-41 declaring the results and other such matters
as provided by law for the March 26, 1996 General Municipal
Election:
RESOLUTION NO. 96-41 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON MARCH 26, 1996, DECLARING THE RESULT
AND OTHER SUCH MATTERS AS PROVIDED BY LAW
Motion carried 4-0, Potts absent.
It was moved by Thomas, seconded by Saltarelli, to have the chief
Deputy city Clerk administer the oath of office to newly elected
City Clerk, Pamela Stoker; and have the City Clerk administer the
oaths of office to newly elected Councilmembers Jeffery M. Thomas
and Thomas R. Saltarelli.
Motion carried 4-Q, Potts absent.
CITY COUNCIL MINUTES
Page 9, 4-15-96
The Chief Deputy City Clerk administered the oath of office to~
newly elected City Clerk, Pamela Stoker.
23.
The City Clerk administered the oath of office to newly elected
Councilmembers Jeffery M. Thomas and Thomas .R. Saltarelli.
Mayor Pro Tem Worley announced that Mayor Potts would confirm the
~oath of Office at the May 6, 1996 Council meeting.
SELECTION OF NAYORANDNAYOR PRO TEM
It was moved by Doyle, seconded by Saltarelli, to nominate Mayor
Pro Tem Worley as Mayor.
Motion carried 4-0, Potts absent.
It was moved by Saltarelli, seconded by Worley, to nominate
Councilmember Thomas as MayOr Pro Tem.
Motion carried 3-1, Doyle opposed, Potts absent.
Mayor Worley stated that she was honored to serve as Mayor;
commented that she was the third female Mayor in the City's
history; introduced her two female 'predecessors and attending
former Mayors; noted Mayoral appointments would remain unchanged;
addressed the future development of Marine Corps Air Station,
Tustin; Southwest area redevelopment; future 'Council focus on·
libraries, parks, recreation, land use decisions, and youth
issues; combating crime; pledged her support in development of
parks~ and recreational facilities; stated she believed that
quality of life was the most important community issue; encouraged
Council teamwork; and thanked her fellow councilmembers for
selecting her as Mayor, staff for their continued work, her family
for their support, and the residents for giving her the
opportunity to serve them.
Mayor Pro Tem Thomas thanked the citizens of Tustin for re-
electing him and pledged that his campaign promises would
materialize.
PUBLIC INPUT - NOne
OTHBR BusINEss/COmmITTEE REPORTS
SANTA COP CASINO NIGHT - APRIL 27, ~9.96
Councilmember Doyle announced that Santa Cop Casino Night would be
held on April 27, 1996. ~
MAYOR AND MAYOR PRO TEM
Councilmember Saltarelli congratulated Mayor Worley and Mayor Pro
Tem Thomas on their selection as Mayor and Mayor Pro-Tem.
CITY COUNCIL MINUTES
Page 10, 4-15-96
CONDOLENCES - WAT~%N~%BE FAMILY
Councilmember Saltarelli offered condolences to the family of Ryan
Watanabe and requested adjournment in his memory.
LEAGUE OF CITIES COUNTY LIBP.~RY SYSTEMI(EETING
Mayor Worley reported on a League of cities County Library System
meeting; noted 'the severe budget shortfall; and stated revenue
sources would have to be generated to save the library system.
BUDGET WORKSHOP
Mayor Worley requested a budget workshop on May 6, 1996.
concurred.
Council
CLOSED SESSION - None
AD~O~I~T
Mayor Worley adjourned the meeting at 8:05 p.m. in memory of Ryan
Watanabe. The City Council had scheduled a joint meeting with the Tustin
Unified School District Board of Education on April 29, 1996, 7:00 p.m.,
in the Community Center; had scheduled a budget workshop on May 6, 1996,
at 5:00 p.m., in the Council Chambers; and the next regular meeting of the
City Council was scheduled for Monday, May 6, 1996, at 7:00 p.m. in the
Council Chambers at 300 Centennial Way.
TRACY WILLS WORLEY, I~AYOR
PAMELA STOKER, CITY CLERK