HomeMy WebLinkAboutCC MINUTES 1995 11 06MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
NOVEMBER 6, 1995
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Potts at 7:02 p.m. at the Council
Chambers, 300 Centennial Way, Tustin, California. The Pledge of
Allegiance was led by Councilmember Doyle.
,- ,INVOCATION
The Invocation was given by Mayor Pro Tem Worley.
ROLL CALL
Council Present:
Tracy A. Worley, Mayor Pro Tem
Mike Doyle
Jeffery M. Thomas
Council Absent:
Jim Potts, Mayor
Thomas Saltarelli
City Clerk:
Pamela Stoker
Others Present:
William A. Huston, City Manager
Lois Jeffrey, City Attorney
Christine Shingleton, Assistant City Manager
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
Rita Westfield, Asst. Dir./Com. Development
Rick Zimmer, Redevelopment Program Manager
Rick Brown, Building Official
Gary Magill, Recreation Superintendent
Christi Carpenter, Recreation Coordinator
Joe Meyers, Administrative Assistant
Approximately 50 in the audience
PRESENTATION
Margarete Thompson, representing the Tustin Community Foundation
and Chili Cook -Off Committee, presented a $2500 check from 1995
Chili Cook -Off proceeds to the Food Distribution Center of Orange
County.
John Heffernan, Food Distribution Center of Orange County, said
the Center had submitted an application to locate a facility on
the Tustin Marine Corps Air Station upon its closure; noted 11
million pounds of food had been distributed in 1994 and the Center
provided service to approximately 180,000 people a month; noted
the Centers non-profit status; and thanked Council, the Tustin
Community Foundation and Chili Cook -Off Committees for selecting
the Food Distribution Center as the recipient of the donation.
PROCLAMATIONS
TUSTIN TILLER DAYS ORGANIZING COMMITTEE AND TUSTIN TILLER DAYS
PARADE COMMITTEE
Mayor Pro Tem Worley read and presented proclamations to the
following members of the Tustin Tiller Days Organizing Committee
and the Tustin Tiller Days Parade Committee: Linda Andrews,
Beverly Barrington, Kimberly Bass, Don Biery, Cherrill Cady,
Marisa Charette, Dave Denton, Claudia Flint, Mike Harlin, Ardelle
Hill, Carl Hill, Kenn Hobson, Maureen Holthe, Kathy Kelly, Dale
Mitbo Vivien Owen, Judy Schnitzer, Lowell Sneathen, Kevin Smith,
Sharon Spiak, Margarete Thompson, Dave Vandaveer, and Julie
Wagner.
Cherrill Cady, representing the Tustin Tiller Days Organizing
Committee, thanked Council for the proclamations and commended the
volunteers and staff on a successful event.
Councilmember Doyle noted his attendance at the first Tiller Days
Parade 37 years ago; commended the Committees for an outstanding
CITY COUNCIL MINUTES
Page 2, 11-6-95
festival; indicated it would be hard to surpass this year's event;.
and thanked the volunteers on behalf of the community.
COMMUNITY CRIME FIGHTER NEWSPAPER
Mayor Pro Tem Worley read and presented a proclamation to Claire
Braeburn recognizing the Community Crime Fighter newspaper.
Claire Braeburn, Community Crime Fighter newspaper, thanked
Council for the proclamation; expressed satisfaction for the
opportunity to provide education and awareness to the community;
encouraged public participation and feedback; and stated the
newspaper would focus on positive community influences.
PUBLIC INPUT
CITIZEN COMPLAINTS - ECONO LUBE N TUNE
Sherry Chiusolo, 125 N. "C" Street, Tustin, presented a petition
from "C" Street residents protesting Sunday operation of the Econo
Lube N Tune located on First Street.
Christine Shingleton, Assistant City Manager, responded that the
City was unable to regulate hours of operation but would
investigate if other violations were occurring.
Irwin Gross. 125 N. "B" Street, Tustin, spoke in opposition to
Sunday operation of Econo Lube N Tune.
Staff/speaker Gross discussion followed regarding reviewing
resident complaints on a case-by-case basis.
Councilmember Doyle expressed opposition to restricting hours of
operation for businesses and supported reviewing complaints on a
case-by-case basis.
TUSTIN UNIFIED SCHOOL DISTRICT VOLUNTEER INSTRUCTIONAL PROGRAM
Dr. Malcolm Jones, 1015 Castlegate Lane, Santa Ana, reported on
the Tustin Unified School District Volunteer Instructional Program
and requested Council encourage participation in the program.
Mayor Pro Tem Worley responded that the program was worthwhile and
she endorsed the program.
UPGRADE TRAFFIC CONTROLS AT PARKCENTER LANE/EL CAMINO REAL
Tinamarie Crislip, 13800 Parkcenter Lane #302, Tustin, requested
an upgrade of traffic controls at Parkcenter Lane and El Camino
Real due to safety concerns.
William Huston, City Manager, stated staff would submit a report
in 30 days.
DINOSAUR DASH - NOVEMBER 12, 1995
Marjorie Kasalek, Dinosaur Dash representative, invited the
community to participate in the Dinosaur Dash event on November
12, and presented Council with t -shirts.
PUBLIC HEARING (ITEMS 1 THROUGH 3)
1. AMENDMENTS TO THE CITIZEN PARTICIPATION PLAN FOR PREPARATION OF
CONSOLIDATED PLAN
Rita Westfield, Assistant Director of Community Development,
reported that on August 5, 1994, the Department of Housing and
Urban Development (HUD) issued a Proposed Rule containing
regulations to the Consolidated Plan which required adoption of a
Citizen Participation Plan, a strategy for encouraging citizens to
participate in the development of the Consolidated Plan;
amendments to the Plan; and related performance reports. She
stated that subsequent to adoption of the Citizen Participation
CITY COUNCIL MINUTES
Page 3, 11-6-95
Plan, the City received a Final Rule on the Consolidated Plan from
HUD revising required elements of the Citizen Participation Plan.
The changes included minor format changes, amendment criteria,
public noticing hearings, publishing the Plan, performance
reports, citizen comments, and participation in the Plan by low
and moderate income and public -assisted housing residents.
r- l Mayor Pro Tem Worley opened the public hearing at 7:38 P.M. There
were no speakers on the subject and the public hearing was closed.
It was moved by Doyle seconded by Thomas, to adopt the following
Resolution No. 95-100 approving amendments to the Citizen
Participation Plan for the preparation of the Consolidated Plan:
RESOLUTION NO. 95-100 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING AN AMENDED CITIZEN
PARTICIPATION PLAN
Motion carried 3-0, Potts, Saltarelli absent.
640-05
2. CODE AMENDMENT 95-003, ALCOHOLIC BEVERAGE SALES (CITY OF TUSTIN)
Mayor Pro Tem Worley stated that due to the importance of this
issue, all members of Council should be present, and requested the
matter be continued to the November 20, 1995 Council meeting.
It was moved by Worleseconded b Do le, to continue this item
to the November 20, 1995 Council meeting.
Motion carried 3-0, Potts, Saltarelli absent. 610-20
3• PROPOSED ADOPTION OF THE UPDATED EDITION OF UNIFORM FIRE CODE WITH
LOCAL MODIFICATIONS
Rick Brown, Building Official, explained that the Uniform Fire
Code was revised every three years to incorporate changes based on
evolving technologies and past disasters. As part of the
modifications, the Orange County Fire Authority (OCFA) requested
the City adopt a local code amendment requiring a minimum
threshold for residential fire sprinklers for all new dwellings at
5,500 square feet. He said the proposed fire sprinkler amendment
and other local modifications detailed in the staff report were
supported by the OCFA and staff.
The following member of the audience spoke in support of the
adoption of the Updated Edition of Uniform Fire Code with Local
Modifications:
Pat Wal,'er, Orange County Fire Authority Fire Marshall
Council/staff discussion followed regarding requiring fire
sprinklers for dwellings at 5,500 square feet provided a
countywide uniformity requirement.
Mayor Pro Tem Worley opened the public hearing at 7:48 p.m.
The following member of the audience questioned the logic of
requiring fire sprinklers exclusively for dwellings at 5500
square feet: ,
Alex Carassi, 17961 Arbolata Way, Tustin,
Council/speaker Carassi discussion followed regarding the number
of recently built homes in Tustin that met the 5,500 square foot
requirement; North Tustin Advisory Committee required fire
sprinklers in homes not accessible by the Fire Department; and the
5,500 square foot fire sprinkler requirement.
There were no other speakers on the subject and the public hearing
was closed at 7:49 p.m.
It was moved by Doyle seconded by Thomas, to adopt the following
Resolution No. 95-92 setting forth findings in conformance with
CITY COUNCIL MINUTES
Page 4, 11-6-95
State law for certain local modifications and changes to the
Uniform Fire Code:
RESOLUTION NO. 95-92 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO
LOCAL CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE CERTAIN
MODIFICATIONS AND CHANGES TO THE UNIFORM FIRE CODE REASONABLY
NECESSARY
Motion carried 3-0, Potts, Saltarelli absent.
It was moved by Thomas seconded by Doyle, to have first reading
by title only of the following Ordinance No. 1159:
ORDINANCE NO. 1159 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, REPEALING SPECIFIC SECTIONS OF ARTICLE 5 OF
THE TUSTIN CITY CODE AND ADOPTING BY REFERENCE THE UNIFORM FIRE
CODE, 1994 EDITION, WITH APPENDICES AND THE UNIFORM FIRE CODE
AS TTHE HERFIREI994 PROTECTIONNREGULATIONSWITH DOFETHEWITH CITY OFI,JDMENTS THERETO
TUSTIN
AS
Motion carried 3-0, Potts, Saltarelli absent.
Following first reading by title only of Ordinance No. 1159 by the
City Clerk, it was moved by Thomas, seconded by Doyle, that
Ordinance No. 1159 be introduced.
Motion carried 3-0, Potts, Saltarelli absent. 460-50
CONSENT CALENDAR (ITEMS 4 THROUGH 13)
It was moved by Thomas, seconded by Dovle, to approve the Consent Calendar
as recommended by staff. Motion carried 3-0, Potts, Saltarelli absent.
4. APPROVAL OF MINUTES - OCTOBER 16, 1995 REGULAR MEETING
Recommendation: Approve City Council Minutes of October 16, 1995.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $2,864,237.03
380-10
and ratify Payroll in the amount of $322,418.14. 360-82
6. PLANNING COMMISSION ACTION AGENDA - OCTOBER 23, 1995
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
October 23, 1995. 120-50
7. 1995-96 FUNDING REQUEST AND AGREEMENT FOR SENIOR TRANSPORTATION
SERVICES - ORANGE COUNTY TRANSPORTATION AUTHORITY
Recommendation: Renew subject annual agreement with the Orange
County Transportation Authority to provide senior citizen
transportation services for the congregate meal program at the
Tustin Area Senior Center as recommended by the Community Services
Department.
400-10
S. AWARD OF CONTRACT FOR PUBLICATION OF CITY NOTICES _
Recommendation: Award a one-year contract to the Tustin Weekly
newspaper for publication of City legal and general notices, and
authorize the Mayor and City Clerk to execute subject agreementas
recommended by the Office of the City Clerk.
9. APPROVAL OF LEAVE OF ABSENCE IN EXCESS OF 30 DAYS
Recommendation: Authorize the City Manager to approve a leave of
absence without pay for medical reasons until April 1996 for Stan
Kaminiarz, a custodian assigned to the Community Services
Department as recommended by the Community Services Department.
520-65
10. RESOLUTION NO. 95-105 - 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 VANDENBERG
WELLHEAD FACILITIES, PROJECT NO. 600065
Recommendation: Adopt Resolution No. 95-105 accepting said work
CITY COUNCIL MINUTES
Page 5, 11-6-95
and authorizing recordation of the Notice of Completion as
recommended by the Public Works Department/Water Division.
400-45
11. AWARD OF CONTRACT FOR ANNUAL SIDEWALK, CURB AND GUTTER AND
INTERLOCKING PAVER REPAIR PROJECT, FY 1995-96
6235) (PROJECT NO. 4020-
Recommendation: Award subject project to West Coast Construction
-- in the amount of $225,488.45 as recommended by the Public Works
Department/Engineering Division.
12 • RESOLUTION NO.400-45
95-106 - 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
SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM PROJECT NO. 600064
Recommendation: Adopt Resolution No. 95-106 accepting said work
and authorizing recordation of the Notice of Completion as
recommended by the Public Works Department/Water Division.
13. GREAT WESTERN RECLAMATION ANNUAL REPORT 400-45
Recommendation: Receive and file subject report as recommended by
the Public Works Department.
REGULAR BUSINESS (ITEM 14 THROUGH 18) 400-10
14. APPOINTMENT OF NEW CHAMBER OF COMMERCE MEMBER TO THE MCAS TUSTIN
BASE CLOSURE TASK FORCE
It was moved by Doyle seconded by Thomas, to appoint Paul Irby as
the Chamber of Commerce's alternate representative; and appoint
Mayor Pro Tem Worley as the Council alternate representative to
the MCAS Tustin Base Closure Task Force.
Motion carried 3-0, Potts, Saltarelli absent. 150-50
15. REQUEST FOR PROPOSAL FOR CITY VIDEO
It was moved by Thomas seconded by Doyle, to authorize the
issuance of a Request for Proposal for the preparation and
production of a video on the City of Tustin.
Motion carried 3-0, Potts, Saltarelli absent. 160-20
16. COOPERATIVE AGREEMENT BETWEEN ORANGE COUNTY TRANSPORTATION
AUTHORITY (OCTA) AND THE CITY OF TUSTIN FOR FUNDING THE PURCHASE
OF A COMMUTER RAIL STATION SITE IN TUSTIN
Rita Westfield, Assistant Director of Community Development,
reported that staff and the Orange County Transportation Authority
(OCTA) had created a cooperative agreement allowing transfer of
Measure M monies to the City for acquisition of a 3.66 acre site,
located at Jamboree Road and Edinger Avenue, for development of a
commuter rail station. She stated the monies committed from OCTA
were not adequate to fund station design and construction;
however, funding was adequate to finance the majority of site
acquisition costs. She said the City had available secured source
funding to cover the shortfall for remaining acquisition costs.
She explained the Cooperative Agreement set provisions for
property acquisition, property maintenance and repair, security,
parking, insurance, and agreement term.
Council/staff discussion followed regarding shortfall funding
options and.the agreement's property disposition flexibility in
the event the station was not constructed by 2000.
It was moved by Thomas seconded by Doyle, to approve the
Cooperative Agreement by and between the Orange County
Transportation Authority and the City of Tustin to provide funding
for the acquisition of property for a Metrolink Commuter Rail
Station and authorize the Assistant City Manager to execute
subject Agreement.
Motion carried 3-0, Potts, Saltarelli absent.
400-70
CITY COUNCIL MINUTES
Page 6, 11-6-95
17. APPROVAL OF AN AGREEMENT WITH ELLER MEDIA COMPANY FOR BUS SHELTERS
AND BENCHES (formerly Patrick -Target Media)
Mayor Pro Tem Worley stated that Councilmember Doyle had requested
this item be continued to the November 20, 1995 Council meeting to
clarify project funding questions.
Councilmember Thomas objected to continuance of this item because
of the excessive project delay.
Council/staff discussion followed regarding resolving the issue
immediately due to the project delay; and that continuing the item
for two weeks would not impact the project.
Council concurred to continue this item to the November 20, 1995
Council meeting. 400-10
18. GENERAL MUNICIPAL ELECTION - MARCH 26, 1996
Valerie Crabill, Chief Deputy City Clerk, reported that Council
approval would provide notice of the March 26, 1995 Generand as
Municipal Election and consolidation with the County,
Council decision was required to determine if a separate sample
ballot mailing was desired.
It was moved by Thomas, seconded by Worley, to adopt the following
Resolution No. 95-103 as amended by the City Council, calling and
giving notice of the March 26, 1996 General Municipal Election and
requesting the Orange County Board of Supervisors order
consolidation and render specified election services:
RESOLUTION NO. 95-103 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, (1) CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
MARCH 26, 1996, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING
TO GENERAL LAW CITIES; (2) REQUESTING THE COUNTY BOARD OF
SUPERVISORS ORDER CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION
WITH THE STATEWIDE DIRECT PRIMARY ELECTION ON MARCH 26, 1996; (3)
AUTHORIZING THE COUNTY BOARD OF SUPERVISORS TO CANVASS THE
ELECTION RETURNS; AND (4) PROVIDING FOR EXPENSES OF THE ELECTION
Motion carried 2-1, Doyle opposed; Potts, Saltarelli absent.
It was moved by Thomas seconded by Worley, to adopt the following
Resolution No. 95-104 setting candidate statement regulations
without separate sample ballot mailing:
RESOLUTION NO. 95-104 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVEOFFICE
p,NPERTAINING
ELECTION TOO CANDIDATES I E HELD ON MARCH STATEMENTSSUBMITTED
TO THE VOTERS AT
Motion carried 2-1, Doyle opposed; Potts, Saltarelli absent. 630-20
PUBLIC INPUT - None
OTHER BUSINESS
TUSTIN HIGHSCHOOL FIREWORKS
Councilmember Doyle reported that recent
a City event at Tustin High
School was for homecoming anda
OPPOSED TO SALARY INCREASES - SUPERVISOR SALTARELLI'S STAFF
Councilmember Doyle expressed displeasure that newly appointed
County Supervisor Saltarelli had increased the salaries of his
staff.
CITY COUNCIL MINUTES
Page 7, 11-6-95
LEAGUE OF CITIES CONFERENCE
Councilmember Thomas expressed displeasure with an Orange County
Register article reporting Council attendance at the League of
Cities Conference in San Francisco as a pleasure trip. He noted
that the days were spent in beneficial meetings and he was not
Pleased with the Register's portrayal of the conference.
Mayor Pro Tem Worley expressed displeasure with the Register's
reporting of the League Conference, stated she had issued a
rebuttal letter that was not published, and reported League
meetings had been informative and educational.
TUSTIN SPORTS PARR OPENING
Mayor Pro Tem Worley reported on the successful opening of the
Sports Park and the facility was being heavily utilized.
ADJOURNMENT IN MEMORY OF CITY EMPLOYEE WENDY HALLMAN
Mayor Pro Tem Worley requested adjournment in, memory of Wendy
Hallman, Junior Civil Engineer for the City, who recently passed
away.
COMMITTEE REPORTS None
CLOSED SESSION - None
ADJOURNMENT
Mayor Pro Tem Worley adjourned the meeting at 8:08 p.m. in memo
ry of
Hallman. The next regular meeting of the City Council was sc du edendy for
:"—Monday, November 20, 1995, at 7:00 p.m. in the Council Chambers at 300
Centennial Way.
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