HomeMy WebLinkAbout02 MINUTES 06-17-96MINUTES
REGULARMEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
JUNE 3, 1996
NO. 2
6-17-96
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.
ROLL CALL
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 ~RXNG - None
CONSENT ~XT.IrllD~qJl (XTEN~ 3. TIIROUGH 3.2)
It was moved by Saltarelli, seconded by Doyle, to approve the Consent
Calendar as recommended by staff. Motion carried 3-0, Thomas, Potts
absent.
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APPROVAL OF MINUTES - MAY 20, 1996 REGULAR MEETING
Recommendation: Approve the City Council Minutes of May 20, 1996.
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.
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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.
CITY COUNCIL MINUTES
Page 2, 6-3-96
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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 PAVERREPAIR 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 CityClerkto (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.
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LEVY OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE ~ 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
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 ANEXISTING DISTRICTAND 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
JOHN WAYNE AIRPORT 'NOISE ABATEMENT QUARTERLY REPORTS
Recommendation: Receive and file subject report as recommended by
the Community Development Depart. merit.
APPROVE'CONSULTANTFOR CLASSIFICATION STUDY ANDAPPROPRIATE 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 emplOyeeSas 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.
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.
CITY COUNCIL MINUTES
Page 3, 6-3-96
CONSIDERATION OF ANAGREEHENTFOR HEALTH SERVICES BETWEEN THE CITY
OF TUSTINAND 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.
PL~.-WNING COMMISSION ACTION AGENDA - MAY 28, L996
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.
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 ESTABLISHA 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.
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.
REGUL]LRBUSXHBSH ( I~q~ 13 THROUGH X5 )
APPROVAL OF FINANCING DOCUMENTS - COUNTYWIDE PUBLIC FINANCING
AUTHORITY L996 REVENUE BONDS
Ronald Nault, Finance Director, reported that Council
authorization would permit the City to join the Public .Financing
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
July1996; 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.
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.
CITY COUNCIL MINUTES
Page 4, 6-3-96
14.
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
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
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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 0F 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.
STATUS OF NE~OTI~TIONS TO PROVIDE CABLE SERVICE FOR TUSTIN
~PARTMENTS
Lois Jeffrey, 'City Attorney, reported that the involved parties
had executed an agreement .and' cable access construction to Tustin
Gardens would begin in 30 days.
CITY COUNCIL MINUTES
Page 5, 6-3-96
PROPOSED ]~DOPTION OF TWO URGENCY ORDIN]~NCES TO EST2%BLISH LICENSING
]~ND~ USE REGULATIONS FOR ~,DULT ENTERTAINMENT BOOKING ]~GENCIES
See page 6.
PUBLIC INPUT
See page 7.
OTHER BUSXNESH
CHILI COOK-OFF
Councilmembers Doyle and Saltarelli reported on the successful
Chili Cook-off event.
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TUSTIN/FOOTHILL HIGH SCHOOLS -' CIF ACHIEVEMENTS
Councilmember Doyle reported on cIF achievements for Tustin and
Foothill High School teams.
POLICE OVERTIME FOR G]~qG 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 P]~tK
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 FIN]~NCING &UTHORITY
Councilmember Saltarelli requested clarifiCati°n 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.
SPECTRUI( LEADERSHIP AWARDS
Mayor Worley reported on her attendance at theSpectrumLeadership
Awards and commended the four nominated finalists from Tustin and
Foothill High Schools.
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STATE OF THE CITY.LUNCHEON
MayorWorley reported that the "State of the City" luncheon would
be held at the Revere House on June 7, 1996.
cITy COUNCIL MINUTES
Page 6, 6-3-96
COMMITTEE P. EPORTB
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 a~ 7:24 p.m. to the Redevelopment Agency
meeting. Following a ten-minute recess, the meeting was reconvened at
7:35 p.m.
REGULAR BUSINESS
PROPOSED ADOPTION OF TWO URGENCY ORDINANCES TO ESTABLISH LICENSING
AND LAND USE REGULATIONS FOR ADULT ENTERTAINMENT BOOKING AGENCIES
(Agenda Order)
.L~is Jeffrey, City Attorney, reported the proposed urgency
ordinances would establish licensing and land use regulations for
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. ~69 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING LICENS!NGREGULATIONS
FOR ADULT ENTERTAINMENT BOOKING AGENCIES
ORDINANCE NO. ~70 - AN URGENCY ORDINANCE OF THE CITY.COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHI'NG INTERIM LAND USE
REGULATIONS FOR ADULT ENTERTAINMENT BOOKING' AGENCIES
Motion carried 4-0, Potts absent (roll call vote).
CITY COUNCIL MINUTES
Page 7, 6-3-96
(See page 7 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 SESBION
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.
REGUL]%R BUSINESS
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
schedul'ed for Monday, June 17, 1996, at 7:00 p.m. in the Council Chambers
at 300 Centennial Way,
TRACY WILLS WORLEY, 14AYOR
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PAMELA STOKER, CITY CLERK