HomeMy WebLinkAboutCC MINUTES 1995 07 17MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
JULY 17, 1995
CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Potts at 7:05 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 Mayor Potts.
ROLL CALL
Council Present:
Jim Potts, Mayor
Tracy A. Worley, Mayor Pro Tem
Mike Doyle
Thomas R. Saltarelli
Council Absent:
Jeffery M. Thomas
City Clerk. Wynn:
Absent
Others Present:
William A. Huston, City Manager
Lois Jeffrey, Interim City Attorney
W. Douglas Franks, Chief of Police
Ronald A. Nault, Finance Director
Tim Serlet, Director of Public Works
Valerie Crabill, Chief Deputy City Clerk
Rita Westfield, Asst. Dir.\Com. Development
Dana Kasdan, Engineering Services Manager
Rick Brown, Building Official
Rick Zimmer, Redevelopment Program Manager
Dan Fox, Senior Planner
Approximately 40 in the audience
PROCLAMATIONS
MAN AND WOMAN OF THE YEAR
Councilmember Saltarelli read and presented a proclamation to Sam
Randall, honoring him as Man of the Year.
Sam Randall thanked Council for the proclamation and the
opportunity to work -with the City in building a community of which
residents can be proud.
Councilmember Saltarelli read and presented a proclamation to
Laurie Gorham, honoring her as Woman of the Year.
Laurie Gorham thanked Council for the proclamation and stated her
pleasure in serving Tustin, and she looked forward to continuing
volunteer service.
FORMER MEMBERS OF COMMISSIONS AND COMMITTEES
Councilmember Saltarelli read and presented a proclamation to
former Planning Commissioner, Kathy Weil.
Kathy Weil stated she was pleased with the numerous projects
completed during her service on the Planning Commission and she
thanked Council for the opportunity to serve the City.
Councilmember Saltarelli read and presented a proclamation to
j former Planning Commissioner, Al Baker.
Al Baker thanked Council and commended staff.
Mayor Pro Tem Worley read and presented a proclamation to former
Parks and Recreation Commissioner, Margarete Thompson.
Margarete Thompson thanked Council for the proclamation and stated
she was proud of the accomplishments achieved by the Parks and
Recreation Commission during her term of service.
Mayor Pro Tem Worley read and presented proclamations to Ken Royal
and Terri Neal, former Parks and Recreation Commissioners.
Terri Neal and Ken Royal thanked Council for giving them the
opportunity to serve on the Parks and Recreation Commission, and
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thanked staff and residents who provided input and assistance to
the Commission.
Councilmember Doyle read and presented a proclamation to Daniel
O'Connell, former Audit Committee member.
Daniel O'Connell thanked Council for giving him the opportunity to
serve on the Audit Committee and for recognizing the importance of
the Audit Committee. He thanked his former Committee members and
staff for their support during his term.
TUSTIN HIGH SCHOOL BOYS VARSITY VOLLEYBALL TEAM
Mayor Potts read and presented proclamations to Tustin High School
Boys Varsity Volleyball team players: William Bacellar, Vihn Dao,
Brandon Dove, Alan Hoang, Curtis -Jackson, Jason Keogh, David
Klingman, Aaron Kraus, Raffi Lalazarian, Greg Logan, Luke
Loveless, Donnie Rafter, Craig Rodriguez, Aaron Sizer; and Coaches
Ken Koci, Scott Bruce, and Travis Turner.
A team player thanked the fans and coaches for their support, and
Council for the proclamations.
Mayor Potts stated his surprise that Tustin High School, a "non"
beach city, had won the CIF Division II Boys Volleyball
Championship; said that the team's accomplishment was another
positive reason why Tustin was the place to live, work, and play;
commented on the hard work, commitment, and dedication necessary
to achieve a standard of excellence in sports; and noted the
contributions of parents, coaches, teachers, and church leaders to
the success of the team. He commended Assistant Coach Travis
Turner, for being named the 1996 Tustin High School Boys
Volleyball team head coach, and stated that Coach Travis was an
individual who taught integrity, honor, dedication, hard work,
fundamentals, sportsmanship, and team unity to each student
athlete.
ION
ORANGE COUNTY VECTOR CONTROL UPDATE
Fabie Combs, Orange County Vector Control Board Trustee for
Tustin, reported on Orange County Vector Control activities
including: a proposed Vector Control service fee increase due to
the Orange County Bankruptcy; Vector Control's purpose; and
Africanized Honey Bee update.
Council/speaker discussion followed regarding cost distribution of
Orange County Vector Control parcel fees; Vector Control proposed
budget loss due to the County bankruptcy; and Council concurrence
in support of the service fee increase.
PUBLIC INPUT
PARKS AND RECREATION COMMISSIONER RESIGNATION
Jeannie Jackson, 915 W. Pomona, Santa Ana, remarked on the
positive experience she encountered running for City Council in
1992 against Mayor Potts and Councilmembers Thomas and Saltarelli; --
thanked Council for the opportunity to serve on the Parks and
Recreation Commission; and announced she would be relocating her
residence to Santa Ana and resigning from the Commission.
Mayor Potts requested that a service proclamation be presented to
Ms. Jackson, and confirmation of her appointed replacement be
agendized at the August 7, 1995 Council meeting.
NEW DIRECTIONAL SIGNS - OLD TOWN
Phil Cox, Tustin, displayed new directional signs he had designed
for Old Town depicting an antique fire truck and requested their
placement in Old Town in conjunction with the existing Victorian
window banners.
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Council/staff/speaker discussion followed regarding placement of
the signs; the new signs enhancement of Old Town; and concern that
proposed sign placement could create visual traffic hazards.
Council concurred to direct staff to work with Mr. Cox on
placement of the new directional signs.
FOURTH OF JULY FIREWORKS
Helen Edgar, 13622 Loretta Drive, Tustin, expressed displeasure
with the quality of the Fourth of July Fireworks show.
Mayor Potts responded that a private contractor was responsible
for the inadequate display; future shows would be improved; and
apologized to the community for the disappointing fireworks show.
PUBLIC HEARINGS ( ITENS 1 THROUGH 2 )
1. PLACING ASSESSMENT FOR SOLID WASTE COLLECTION ON 1995-96 TAX ROLL
Ronald Nault, Director of Finance, reported that this was the
first of two public hearings to review proposed solid waste
collection rates to be assessed on the 1995/96 tax roll on certain
parcels of land in the City. He stated the City's trash
contractor, Great Western Reclamation, had requested an increase
in the 1995/96 solid waste collection fees of 10.26 percent, $1.14
per month per unit; the major component impacting the proposed
solid waste collection cost increase was County landfill fees
which had increased from $22.75 a ton to $35.00 a ton; staff had
verified with the Bureau of Labor Statistics the seven cost
categories allowing a fee increase; and public notices of the fee
increase had been mailed to customers.
Council/staff discussion followed regarding the cost benefit to
property owners by placing solid waste collection charges on the
tax roll.
Mayor Potts opened the Public Hearing at 8:00 p.m. There were no
speakers on the subject and the Public Hearing was closed.
It was moved by Saltarelli, seconded by Worley, to continue this
item to the August 7, 1995 Council meeting.
Motion carried 4-0, Thomas absent.
830-50
2. LEVY OF ANNUAL ASSESSMENTS FOR THE 1995-96 FISCAL YEAR FOR THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT
Tim Serlet, Director of Public Works, reported the Tustin
Landscape and Lighting District provided funding for the
maintenance of perimeter landscaping on arterial highways in the
Tustin Ranch area; operation and maintenance of the street
lighting in Tustin Ranch and other locations in the City which
were not included in the original Tustin Lighting District; and
the 1995/96 assessments remained at the same rate as 1994/95.
Council/staff discussion followed regarding landscaping
maintenance included irrigation costs.
Mayor Potts opened the Public Hearing at 8:03 p.m. There were no
speakers on the subject and the Public Hearing was closed.
It was moved by Saltarelli, seconded by Doyle, to adopt the
following Resolution No. 95-67 confirming the annual 1995-96
fiscal year levy of assessments for the Tustin Landscape and
Lighting District:
RESOLUTION NO. 95-67 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ORDERING THE ANNEXATION OF ADDITIONAL
TERRITORY TO AN EXISTING DISTRICT AND CONFIRMING THE ANNUAL 1995-
96 FISCAL YEAR LEVY OF ASSESSMENTS 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
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Motion carried 4-0, Thomas absent. 340-60
CONSENT CALENDAR ( ITEMS 3 THROUGH 8 )
It was moved by Worley, seconded by Saltarelli, to approve the
Consent Calendar as recommended by staff. Motion carried 4-0,
Thomas absent.
3. APPROVAL OF MINUTES - JULY 3, 1995 REGULAR MEETING
Recommendation: Approve City Council Minutes of July 3, 1995.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,492,234.96
and ratify Payroll in the amount of $323,153.65. 380-10
360-82
5. AGREEMENT REGARDING RIDES AND CONCESSIONS AT TUSTIN TILLER DAYS
Recommendation: Approve subject agreement with Hassett & Davis to
operate a carnival at Tustin Tiller Days on October 6-8, 1995 as
recommended by the Community Services Department. 400-10
6. CONFIRMATION OF PARKS AND RECREATION COMMISSION APPOINTMENT
Recommendation: Confirm appointment of Robert Schultz to the
Parks and Recreation Commission as recommended by the City
Attorney.
120-40
7. RESOLUTION NO. 95-66 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR
INSTALLATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING AT TUSTIN RANCH
ROAD AND PIONEER WAY
Recommendation: Adopt Resolution No. 95-66 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 Payment 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.
8. PLANNING COMMISSION ACTION AGENDA - JULY 10, 1995 400-45
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 July
10, 1995.
120-50
REGULAR BUSINESS ( ITEMS 9 THROUGH 14 )
9. ORDINANCE NO. 1153 - SIGN CODE REVISIONS FOR NON-COMMERCIAL SIGNS
AND REMOVAL OF POLITICAL SIGNS
It was moved by Saltarelli, seconded by Worley, to have second
reading by title only and adoption of the following Ordinance No.
1153:
ORDINANCE NO. 1153- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING AND ADDING SIGN REGULATIONS FOR
NON-COMMERCIAL SIGNS INCLUDING THE TIMELY REMOVAL OF POLITICAL
SIGNS IN THE CITY OF TUSTIN
Valerie Crabill, Chief Deputy City Clerk, read Ordinance No. 1153
by title only.
Motion carried 4-0, Thomas absent (roll call vote). 680-30
10. ORDINANCE NO. 1154 - CAMPING AND STORAGE OF PERSONAL PROPERTY IN
PUBLIC AREAS
It was moved by Worley, seconded by Doyle, to have second reading
by title only and adoption of the following Ordinance No. 1154:
ORDINANCE NO. 1154 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADDING CHAPTER 6 ENTITLED CAMPING AND
STORAGE OF PERSONAL PROPERTY TO ARTICLE 7 OF THE TUSTIN CITY CODE
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Page 5, 7-17-95
Valerie Crabill, Chief Deputy City Clerk, read Ordinance No. 1154
by title only.
Motion carried 4-0, Thomas absent (roll call vote). 900-95
11. ORDINANCE NO. 1155 - TEMPORARY REGULATIONS FOR APARTMENT SIGNS
It was moved by Doyle seconded by Worlev, to have second reading
by title only and adoption of the following Ordinance No. 1154:
ORDINANCE NO. 1155 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR TEMPORARY
DECORATIVE FLAGS AND DISPLAYS FOR RESIDENTIAL APARTMENT COMPLEXES
WITH 20 OR MORE UNITS
Valerie Crabill, Chief Deputy City Clerk, read Ordinance No. 1155
by title only.
Motion carried 4-0, Thomas absent (roll call vote). 680-95
12. STATUS REPORT ON CONSTRUCTION NOISE
Rick Brown, Building Official, reported that on February 6, 1995,
Council adopted Ordinance No. 1143 which expanded the allowable
hours for construction activity and directed staff to monitor
compliance with the new provisions. He stated that 10 complaints
had been received and continuous monitoring by staff was required
to adequately enforce the ordinance. He noted that staff had
received letters from the Roofing Contractors Association and
Ralph Fellick, Tustin Roofing Company owner, requesting expanded
construction hours.
Council/staff discussion followed regarding cooperation received
from the construction firms; special provisions in the ordinance
allowing weekend roofing; roofing inspection priorities in rainy
weather; subjective enforcement of the ordinance; and authorized
approval for weekend commercial roofing in the City's industrial
areas.
The following member of the audience spoke in opposition to
Ordinance No. 1143 restricting construction/roofing on holidays
and requested expanded work hours:
Ralph Fellick, Tustin Roofing Co.
Mayor Potts suggested staff investigate other Orange County
cities' policies regarding roofing hours and roofing construction
on weekend/holidays.
Council/staff/speaker discussion followed regarding allowing
Presidents Day as a potential construction work day.
The following member of the audience requested Ordinance No. 1143
allow weekend construction/roofing at non-residential sites:
Jim Kilbourne, Ross and Barrows, Inc.
It was moved by Saltarelli, seconded by Worley., to receive and
"om° file subject report.
Motion carried 4-0, Thomas absent. 230-65
13. GENERAL PLAN AMENDMENT 94-001, ZONE CHANGE 94-004, SECOND
AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT AND TENTATIVE
TRACT MAP 15055 (THE IRVINE COMPANY)
It was moved by Doyle seconded by Worley, to continue this item
to the August 7, 1995 City Council meeting. 66-P-0
Motion carried 4-0, Thomas absent.
14. FEE WAIVER - DINOSAUR DASH
Gary Magill, Recreation Supervisor, reported that the Tustin
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Page 6, 7-17-95
Public Schools Foundation was planning the 5th Annual Dinosaur
Dash on November 12, 1995. The Foundation was requesting fee
waivers for Police and Public Works staff, permit fees,
inspections, and use of City equipment.
It was moved by Worley, seconded by Saltarelli, to waive fees for
the Dinosaur Dash event.
Motion carried 4-0, Thomas absent. 390-55
PUBLIC INPUT - None
OTHER BUSINESS
ORANGE COUNTY BANKRUPTCY
Councilmember Doyle noted the increasing trend of the County
government to consider raising numerous taxes to gain bankruptcy
revenue, and the Board of Supervisors' failure to reduce the
number of County employees.
Mayor Pro Tem Worley reported on the League of Cities meeting and
action taken to protect cities, through State legislation, from
suffering financial losses to assist in repayment_ of the Orange
County bankruptcy.
HOMEOWNER INSURANCE
Councilmember Doyle reported on damage to his rental property,
stated his insurance policy was unknowingly inadequate, and
cautioned residents to review their homeowner insurance policies
for adequate coverage.
TASTE OF TUSTIN - JULY 28-30, 1995
Councilmember Doyle and Mayor Potts invited residents to
participate in the Taste of Tustin event.
SOUTHWEST AREA REDEVELOPMENT IMPROVEMENTS
Mayor Pro Tem Worley reported on a tour of the redevelopment area
and noted extensive improvements made possible through grants and
loans, and encouraged staff to continue code enforcement
activities on absentee landlords.
Mayor Potts stated the City was attempting through legislation to
demolish some projects in the area and replace them with parks and
recreation for children.
AUTOMOBILE INSURANCE
Councilmember Saltarelli cautioned residents to review their
automobile insurance policies for adequate liability coverage.
GRAND OPENING - MRS. GOOCH'S
Mayor Potts reported on the grand opening of Mrs. Gooch's market
in the Courtyard shopping center on July 27, 1995, and noted their
willingness to donate funds to local non-profit organizations.
COMMITTEE REPORTS
ORANGE COUNTY FIRE AUTHORITY
Councilmember Saltarelli reported on the Fire Department labor
dispute in the City of Westminster which had resulted in the
withdrawal of contract offer to provide fire services by the
Orange County Fire Authority. The Fire Authority subsequently re-
offered and approved the contract based on a litigation indemnity
clause by the City of Westminster, and he had been one of the
board members in opposition to the contract approval based on
potential litigation.
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CLOSED SESSION
Council concurred to continue to the August 7, 1995 Council meeting, the
Closed Session regarding pending litigation to which the City is a party:
City of Tustin vs. GeoSoils, E. L. Yeager, and Sam Johnson, OCSC Case No.
73-27-66; and to confer with the City Attorney regarding anticipated
litigation, the initiation of litigation pursuant to Government Code
Section 54956.9(c), one potential case.
ADJOURNMENT
Mayor Potts adjourned the meeting at 8:45 p.m. The next regular meeting
of the City Council was scheduled for Monday, August 7, 1995, at 7:00 p.m.
in the Council Chambers at 300 Centennial Way.
4
E. WYNN, CITY CLERK
JIM PO , MA OR