HomeMy WebLinkAboutCC 1 MINUTES 04-19-05MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
APRIL 5, 1993
I, CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Pontious at 7:02 p.m. at
the Tustin Area Senior Center, 200 South "C" Street, Tustin,
California. The Pledge of Allegiance was led by Councilmember
Saltarelli.
II. INVOCATION
The Invocation was given by Councilmember Puckett.
III. ROLL CALL
Council Present:
Leslie Anne Pontious, Mayor
Jim Potts, Mayor Pro Tem
Charles E. Puckett
Thomas R. Saltarelli
Jeffery M. Thomas
Council Absent:
None
City Clerk:
Mary'E. Wynn
Others Present:
William A. Huston, City Manager
James G. Rourke, City Attorney
Christine Shingleton, Assistant City Manager
W. Douglas Franks, Chief of Police
Robert Ledendecker, Director of Public Works
Ronald A. Nault, Finance Director
Bettie Correa, Senior Personnel Analyst
Dan Fox, Senior Planner
Susan Jones, Recreation Superintendent
Gary Magill, Recreation Supervisor
Melissa O'Neal, Recreation Supervisor
Robert Ruhl, Field Services Manager
Gary Veeh, Water Operations Manager
Randy Westrick, Recreation Supervisor
Valerie Whiteman, Chief Deputy City Clerk
Approximately 100 in the audience
IV. PROCLAMATION - VOLUNTEER CONNECTION DAY, APRIL 17, 1993
Mayor Pontious read and presented a proclamation to Lewis
Grzesiek, Volunteer Center of Greater Orange County, declaring
April 17, 1993, as Volunteer Connection Day.
Lewis Grzesiek, Volunteer Center of Greater Orange County Board of
Directors representative, accepted the proclamation and thanked
the Council for their support and encouraged volunteer
participation in community services.
V. PUBLIC HEARINGS
1. TENTATIVE PARCEL MAP NO. 92-231, NEWPORT -WARREN PLANNED
COMMUNITY
Dan Fox, Senior Planner, reported the applicant was proposing
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a single lot commercial air -space subdivision to create office
condominiums. He stated the subdivision would permit
individual ownership of each building; however, tenant spaces
within the buildings could not be sold separately. The common
area, including land under the buildings, landscaping, parking
lot, and other site improvements, were jointly owned by the
three condominium owners. He stated that on March 8, 1993,
the Planning Commission recommended approval of Tentative
Parcel Map No. 92-231.
Mayor Pontious opened the Public Hearing at 7:05 p.m. There
were no speakers on the subject and the Public Hearing was
closed.
It was moved by Puckett, seconded by Thomas, to approve
Tentative Parcel Map 92-231 by adoption of the following
Resolution No. 93-28:
RESOLUTION NO'. 93-28 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO.
92-231
Motion carried 5-0.
2. APPEAL OF CONDITIONAL USE PERMIT 93-006, 13882 NEWPORT AVENUE
Dan Fox, Senior Planner, reported that on March 8, 1993, the
Planning Commission denied a request by applicant, Hamid
Rashidian, for a Conditional Use Permit to authorize a
convenience market with no alcoholic beverage sales, at 13882
Newport Avenue. He stated the City had 22 convenience stores
and 10 grocery/drug stores within a 1 mile radius of the
subject location; multi -family and single-family residences
were located behind the property; and Tustin High School was
located approximately 600 feet east. The Planning Commission
believed that in this situation the proximity to the high
school and adjacent residential units created a potential for
increased loitering, pedestrian traffic, trash, and graffiti.
Subsequent to the Planning Commission's denial of the
conditional use permit, staff received letters from a resident
opposing the conditional use permit due to potential increased
noise and traffic in the neighborhood. The applicant appealed
the Planning Commission decision because he intended to sell
only pre-packaged foods, and believed that his use should not
be considered a convenience market.
Councilmember Thomas expressed concern that through innuendo,
the City was conveying that convenience markets created
increased loitering, graffiti, and trash. He questioned
whether conditions could be added to the conditional use
permit to monitor the market and review the situation if
negative elements began occurring. He stated the applicant
should be granted the opportunity to operate a business in the
City, and, at the same time, preservation of the neighborhood
should be maintained.
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Dan Fox, Senior Planner, noted that when a conditional use
permit was approved it went with the land and if this
applicant sold his business, the imposed conditions would
still apply to the next owner.
Mayor Pontious opened the Public Hearing at 7:13 p.m.
The following members of the audience spoke in favor of
Conditional Use Permit 93-006:
Hamid Rashidian, applicant
Mark Haszada, associate of the applicant
Council/speaker discussion followed regarding original
intended use of the store and the applicant's lease agreement.
Mayor Pontious stated that the City encouraged business
opportunities in the community; however, she was concerned
that the conditional use permit would allow convenience -type
items to be sold. She questioned whether a variance could be
implemented to restrict the sale of those items, such as open
foods.
Christine Shingleton, Assistant City Manager, responded that
the conditional use permit could specify conditions to limit
the type of operation at this location.
Councilmember Saltarelli said the applicant should be allowed
the opportunity to establish a business and in reviewing the
Planning Commission's decision, he could not identify a
compelling reason or an existing problem to deny Mr.
Rashidian's request. He suggested further discussion and
investigation on the matter.
Mayor Pontious suggested staff draft conditions allowing pre-
packaged foods and eliminating other convenience store items
such as video games and open foods.
Christine Shingleton, Assistant City Manager, suggested
Council continue the Public Hearing to allow staff to draft
conditions acceptable to the applicant.
Mayor Pro Tem Potts voiced concern with granting the
conditional use permit without certain stipulations, and
supported conducting additional research.
It was moved by Potts, seconded by Thomas, to continue the
Public Hearing to the April 19, 1993 Council meeting and
direct staff to submit alternative conditions of approval.
Councilmember Puckett said that he rarely opposed a Planning
Commission decision; however, he supported developing
conditions that would allow the applicant an opportunity to
operate a successful business.
Motion carried 5-0.
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3. ZONE CHANGE 92-003 (FRONTRUNNER HOMES)
Dan Fox, Senior Planner, reported that the applicant was
requesting a zone change for a vacant site located on the
south side of E1 Camino Real, approximately 450 feet east of
Newport Avenue, to accommodate the development of a self -
serve, coin-operated car wash. Approximately two-thirds of
the site was zoned Commercial General (CG) and one-third
Central Commercial (C-2). The proposed zone change would
modify the C-2 portion of the site to CG which would
accommodate the car wash. On March 22, 1993, the Planning
Commission recommended approval of the Zone Change. He noted
that Caltrans had forwarded correspondence expressing concern
regarding traffic impacts to the I-5 freeway. Staff
investigated the area and determined the project would not
impact the surrounding street due to the car wash off-peak
hours of operation.
Council/staff discussion followed regarding the location of
the previous car wash; and citizen complaints regarding the
car wash proximity to Tustin High School.
Mayor Pontious opened the Public Hearing at 7:35 p.m.
The following member of the audience spoke in favor of Zone
Change 92-003 (Frontrunner Homes):
Vince Mayell, Frontrunner Homes representative
Council/speaker discussion followed regarding project
landscaping.
There were no other speakers on the subject and the Public
Hearing was closed at 7:40 p.m.
It was moved by Thomas, seconded by Puckett, to certify the
Negative Declaration as adequate by adopting the following
Resolution No. 93-35:
RESOLUTION NO. 93-35 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION
AS ADEQUATE FOR ZONE CHANGE 92-003, INCLUDING REQUIRED FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion carried 5-0.
It was moved by Thomas, seconded by Potts, that Ordinance No.
1105 have first reading by title only and introduction. Motion
carried 5-0.
The City Clerk read the following Ordinance No. 1072 by title
only:
ORDINANCE NO. 1105 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 92-003, A
REQUEST TO AUTHORIZE A ZONE CHANGE OF PROPERTY GENERALLY
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LOCATED AT THE SOUTHERLY SIDE OF EL CAMINO REAL APPROXIMATELY
450 FEET EAST OF NEWPORT AVENUE FROM CENTRAL COMMERCIAL (C-2)
DISTRICT TO COMMERCIAL GENERAL (CG) DISTRICT
VI. PUBLIC INPUT
1. CITI2EN COMMENDATION
Mike David, Tustin resident, commended the City on tree
trimmings, Civic Center construction progress, and street
repairs.
VII. CONSENT CALENDAR
Items No. 10 and 15 were removed from the Consent Calendar by
Councilmembers Saltarelli and Thomas. It was moved by Potts.
seconded by Thomas, to approve the remainder of the Consent
Calendar as recommended by staff. Motion carried 5-0.
1. APPROVAL OF MINUTES - MARCH 15, 1993 REGULAR MEETING
Recommendation: Approve the City Council Minutes of March
15, 1993.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of
$2,204,360.83 and ratify Payroll in the amount of
$676,808.46.
3. REJECTION OF CLAIM NO. 93-09 - CLAIMANT, CONSTANCE D'ANGELO;
DATE OF LOSS, 9/18/92; DATE FILED WITH CITY, 3/8/93
Recommendation: Reject subject claim for general damages
in excess of $25,000.00 as recommended by the City
Attorney.
4. RELEASE OF BONDS FOR TRACT NO. 13733
Recommendation: Authorize the release of the following
bonds in the amounts indicated: Faithful Performance Bond
No. 11127179478, $39,761.25; Labor and Materials Bond No.
11127179478, $39,761.25; Monumentation Bond No.
11127179486, $8,400.00; and Warranty Bond No. 11127179478M,
$19,880.00 as recommended by the Public Works
Department/Engineering Division.
5. AWARD OF CONTRACT FOR COMMUNITY DEVELOPMENT DEPARTMENT
COMPUTER EQUIPMENT
Recommendation: Receive and file subject report as
recommended by the Community Development Department.
6. FOURTH OF JULY FIREWORKS CONTRACT
Recommendation: Authorize the City Manager to execute an
agreement for $8,000.00 with Lantis Fireworks to provide a
pyro-musical show for the 1993 Fourth of July celebration
as recommended by the Community Services Department.
Councilmember Puckett stated that this show would be a
spectacular event.
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7. RESOLUTION NO. 93-33 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR MODIFICATION OF TRAFFIC SIGNALS AND
INTERCONNECT AT MAIN STREET & PACIFIC STREET, AT MAIN STREET
& "B" STREET, AND AT EL CAMINO REAL AND 6TH STREET
Recommendation: Adopt Resolution No. 93-33 approving plans
and specifications for the modification of traffic signals
and interconnect at specified subject intersections as
recommended by the Public Works Department/Engineering
Division.
8. AUTHORIZATION TO ADVERTISE FOR BIDS, COLUMBUS TUSTIN
GYMNASIUM
Recommendation: Approve plans and specifications and
authorize advertisements for bids for Columbus Tustin Park
Phase 2B, construction of the gymnasium as recommended by
the Community Services Department.
9. AWARD OF CONTRACT FOR THE ASPHALT CONCRETE REHABILITATION AND
OVERLAY PROJECT, FY 1992-93, PHASE TWO; AND THE SIDEWALK,
CURB AND GUTTER REPAIR PROJECT, FY 1992-93, PHASE ONE
Recommendation: Award the contract to All American
Asphalt, Corona, in the amount of $448,899.47 for subject
project as recommended by the Public Works
Department/Engineering Division.
11. REQUEST FOR FUNDING - REPLACEMENT OVEN COMMUNITY CENTER/
CIVIC CENTER RENOVATION
Recommendation: Appropriate $1,500.00 from the Park
Development Fund to purchase a replacement oven for the
Community Center kitchen as recommended by Community
Services Department.
12. REJECTION OF CLAIM NO. 93-08 - CLAIMANT, YOUNG JA CHOI; DATE
OF LOSS, 1/18/93; DATE FILED WITH CITY, 2/17/93
Recommendation: Reject subject claim for property damage
in the amount of $314.16 as recommended by the City
Attorney.
13. RESOLUTION NO. 93-34 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE WATER MAIN REPLACEMENT ON NEWPORT
AVENUE, PHASE ONE, BETWEEN WALNUT AVENUE AND KENYON DRIVE AND
AUTHORIZING ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 93-34 approving plans
and specifications and authorizing advertisement for bids
for subject project as recommended by the Public Works
Department/Engineering Division.
14. AWARD OF CONTRACT - CALIFORNIA STREET WIDENING/
RECONSTRUCTION
Recommendation: Award a contract to Boral Resources, Inc.,
in the amount of $41,863.75 subject to the transfer of
additional funding in the amount of $13,650.00 from the FY
1992-93 Major Maintenance Program as recommended by the
Public Works Department/Engineering Division.
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16. AWARD OF CONTRACT FOR SIDEWALK AND ACCESS RAMPS, SB821
PROJECT, PY 1992-93
Recommendation: Award a contract to Grigolla and Sons
Construction in the amount of $20,637.20 subject to the
transfer of additional funding in the amount of $7,600.00
from the FY 1992-93 Public Works/Field Services Division
budget account No. 4030-6235, Sidewalk Construction as
recommended by the Public Works Department/ Engineering
Division.
17. RESOLUTION NO. 93-36 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF
IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF
COMPLETION (RE -ROOFING OF TWO MAINTENANCE FACILITY BUILDINGS)
Recommendation: Adopt Resolution No. 93-36 accepting said
work and ,authorizing the recordation of the Notice of
Completion as recommended by the Public Works
Department/Engineering Division.
18. ADA COMPLIANCE JOB ANALYSIS
Recommendation: Approve contracting with Creative
Management Solutions to perform job analyses required to
update our job descriptions to comply with the requirements
of Americans with Disabilities Act as recommended by the
Administrative Services Department.
CONSENT CALENDAR ITEM NO. 10 - AMENDMENT TO MEMORANDUM OF
UNDERSTANDING WITH THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION
Councilmember Saltarelli stated he was supportive of the
Memorandum of Understanding, but requested a Closed Session for
further refining of certain items in the document.
It was moved by Saltarelli, seconded by Puckett, to continue this
item for further review in Closed Session.
Motion carried 5-0.
CONSENT CALENDAR ITEM NO. 15 - RESOLUTION NO. 93-32 - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING
THE SUBMITTAL OF PROJECT DESIGN REQUEST OF NORTH IRVINE/TUSTIN
COMMUTER RAIL STATION/PARK-AND-RIDE FACILITY TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED
TRANSPORTATION FUNDING PROGRAM
Councilmember Thomas stated that Council had not received
information regarding this issue and requested a report
summarizing the negotiations between the City and the City of
Irvine regarding the commuter rail station, park-and-ride
facility, and memorandum of understanding.
Christine Shingleton, Assistant City Manager, responded that there
was no progress concerning the memorandum of understanding with
the City of Irvine, and funding issues had not been resolved. She
said a community workshop with Tustin and Irvine homeowner
associations had been scheduled on April 21, 1993, to provide
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update and alternative site information. She stated that the
Orange County Transportation Authority (OCTA) was waiting for
direction from each city to begin the project by the end of 1993.
Council/staff discussion followed regarding the OCTA grant
program.
It was moved by Thomas seconded by Puckett, to adopt Resolution
No. 93-32 requesting the Orange County Transportation Authority
include an additional City of Tustin joint project in the fiscal
year 1993-94 five-year Combined Transportation Funding Programs.
Council discussion followed regarding the grant funds covering the
planning process only.
Mayor Pro Tem Potts invited the public to attend the community
workshop to be held on April 21, 1993, 7:00 p.m., at the Irvine
Chamber of Commerce.
Motion carried 5-0.
K. OLD BUSINESS (Agenda Order)
1. ADOPT CITY OF TUSTIN RESOLUTION NO. 93-30 WATER SYSTEM PURCHASE
AND OTHER RELATED ACTIONS
Mayor Pontious requested this item be taken out of agenda order.
Ronald Nault, Director of Finance, reported that bids had been
opened by Mudge Rose, the City's Bond Counsel. He stated that
Bartle Wells and Associates, Financial Advisors, recommended award
of bid to Lehman Brothers, who bid 5.649243 percent net interest
for the life of the bonds as reflected in Exhibit A of the
resolution. He noted a correction to the staff report: Trust
Agreement documents were in "near" final form, not final form.
Council/staff discussion followed regarding call dates on new
issue and existing bonds; bond issue; current interest rate
savings; and bond closing date.
It was moved by Puckett seconded by Thomas, to adopt the
following Resolution No. 93-30:
RESOLUTION NO. 93-30 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING A TRUST AGREEMENT,
INSTALLMENT PURCHASE AGREEMENT AND ESCROW AGREEMENT; ACCEPTING A
BID FOR THE PURCHASE OF ITS $11,500,000 WATER SYSTEM REVENUE
CERTIFICATES OF PARTICIPATION, 1993 SERIES; REJECTING ALL OTHER
BIDS; APPROVING THE FORM OF THE OFFICIAL STATEMENT; AND TAKING
CERTAIN RELATED ACTION
Motion carried 5-0.
VIII. ORDINANCES FOR INTRODUCTION
1. ORDINANCE NO. 1107 - SAN DIEGO PIPELINE COMPANY FRANCHISE TO
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CONSTRUCT, MAINTAIN AND OPERATE PIPELINES WITHIN CERTAIN
PUBLIC ROADS, STREETS AND WAYS
Robert Ledendecker, Director of Public Works, reported this
was an amendment to Ordinance 999, Exhibit A, revising the
route of pipelines in the vicinity of Tustin Ranch Road and
Auto Center Drive.
It was moved by Puckett, seconded by Thomas, to have first
reading by title only and introduction of Ordinance No. 1107
with Exhibit "A" amending Ordinance No. 999 Exhibit "A".
The City Clerk read the following Ordinance No. 1107 by title
only:
ORDINANCE NO. 1107 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING EXHIBIT "A" (DESCRIPTION
OF PIPELINE ROUTE) OF ORDINANCE NO. 999 OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, GRANTING A FRANCHISE TO
SAN DIEGO PIPELINE COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE
PIPELINES WITHIN CERTAIN PUBLIC ROADS, STREETS AND WAYS OF
THE CITY OF TUSTIN, CALIFORNIA
Motion carried 5-0.
2. ORDINANCE NO. 1108 - PICKETING OF PRIVATE HOMES
James Rourke, City Attorney, reported that Naomi Hardin,
Tustin resident, whose home had become a target for picketing
by Operation Rescue/Pro-Life Coalition, requested the City
consider an ordinance banning picketing in front of private
residences. He stated that this type of ordinance was
permitted by the United States Supreme Court and could be
legally adopted.
Mayor Pontious noted that two identical ordinances had been
drafted, one was an urgency ordinance requiring adoption by
4/5ths Council vote.
The following members of the audience spoke in opposition to
Ordinance No. 1108:
Matthew Isaacs, Pro -Life Political Action Committee of
Orange County Chairman
Jim Pack, 1131 Packers Circle #71, Tustin
Forrest Ricker, P.E.A.C.E.
Anthony Trujillo, Tustin
Verne Hunt, 14401 Cloverbrook Drive, Tustin
Manuel Beltran
Allen Meadows, Tustin Pro -Life Coalition
Bob Wallace, 17901 Orangetree, Tustin
Art Knox
Peter French
Kathy McGinty, 25232 Ave. Tranquila, Lake Forest
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The following members of the audience spoke in favor of
Ordinance No. 1108:
Jan Cady, National Organization for Women
Jenny Shumar, American Association of University Women
Annmarie Evans, Tustin Advocates for Choice
Jack Miller, 17352 Parker Drive, Tustin
Gwen Blake
Arleen Plunkett, 1203 East First, Tustin
Mayor Pontious noted the Supreme Court's declaration of the home
as "the last citadel of the tired, the weary, and the sick" and
stated the well-being, tranquility, and privacy of the home was
the highest order in a free and civilized society. She said
that adoption of the ordinance would be in conformance with the
Supreme Court decision.
Councilmember Puckett stated that this issue would not be
decided by Council but would be debated by State legislators and
Congress, but because of picketing occurring at Ms. Hardin's
residence, he supported adoption of Ordinance No. 1108.
Council/staff discussion followed regarding whether Senate Bill
1248, if passed, would supersede the City's ordinance.
Councilmember Thomas said he wanted to separate this ordinance
from the pro-life/pro-choice issue. He stated that residents'
homes should be protected and believed the Council had a
responsibility to safeguard the rights of Tustin residents.
It was moved by Puckett seconded by Thomas, to adopt the
following Urgency Ordinance No. 1108:
ORDINANCE NO. 1108 - AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 5 TO ARTICLE
6 OF THE TUSTIN MUNICIPAL CODE PROHIBITING PICKETING FOCUSED ON
SPECIFIC PRIVATE RESIDENCES AND ESTABLISHING CRIMINAL PENALTIES
THEREFOR
Mayor Pro Tem Potts stated that if one resident was picketed,
regardless of which side he personally supported, the City
Council took an oath to uphold the law. He believed that
residential picketers gained opposition to their cause and
encouraged them to cease.
Motion carried 5-0 (roll call vote).
RECESS - The meeting recessed at 8:35 p.m. and reconvened at 8:45 p.m.
I%. ORDINANCES FOR ADOPTION - None
X. OLD BUSINESS
2. TUSTIN TILLER DAYS BLUE RIBBON COMMITTEE
Randy Westrick, Recreation Supervisor, reported that at the March
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1, 1993 Council meeting, Council agreed to establish a Blue Ribbon
Committee to plan future Tiller Days. He stated that names were
submitted to staff for appointment to the Committee and they were
ready to begin work on the 1994 Tiller Days. Staff recommended
the committee be comprised of representatives from City Council,
Parks and Recreation Commission, Chamber of Commerce, Historical
Society, local non-profit organizations, past Tiller Days members
and the public -at -large.
Council/staff discussion followed regarding who suggested names to
serve on the Committee.
Mayor Pontious announced the following had volunteered: Parks and
Recreation Commissioner, Margarete Thompson; Tustin School Board
Trustee, Todd Ferguson; community representative, Charly Kimm;
former Tiller Days Chairperson, Linda Andrews; Tiller Days Parade
Chairperson, Cherill Cady; and Historical Society representative,
Don Biery. She stated that she had also volunteered, and the
Chamber of Commerce had not yet submitted a representative.
Councilmember Thomas requested that the Tustin Community
Foundation have a representative on the Committee and suggested
Councilmember Puckett serve as that representative.
Council concurred to appoint Margarete Thompson, Parks and
Recreation Commissioner; Todd Ferguson, Tustin School Board;
Charly Kimm, community representative; Linda Andrews, former
Tiller Days Chairperson; Cherill Cady, Tiller Days Parade
Chairperson; Don Biery, Historical Society; Leslie Pontious,
Council representative; Charles Puckett, Tustin Community
Foundation; and a representative from the Chamber of Commerce to
a Blue Ribbon Committee to study organization of future Tustin
Tiller Days events.
%I. NEW BUSINESS
1. OPPOSITION TO THE POTENTIAL CLOSURE OF MARINE CORPS AIR STATION,
EL TORO
Christine Shingleton, Assistant City Manager, reported there was
a remnant parcel of land located in the City limits acquired by
the military for MCAS, E1 Toro support housing use. She stated
that regardless of whether MCAS, E1 Toro remained open, it was in
the best interest of the City and military to dispose of this land
because the current/future mission requirements and operational
readiness of the Department of Defense's total force would not be
affected. Staff recommended disposition of this portion of MCAS,
E1 Toro, only.
It was moved by Puckett, seconded by Thomas, to declare the City
Council's opposition to the potential closure of Marine Corps Air
Station, E1 Toro, and reconfirm their opposition of any re -use as
a commercial airport by adoption of the following Resolution No.
93-29:
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RESOLUTION NO. 93-29 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, OPPOSING THE POTENTIAL CLOSURE OF
MCAS, EL TORO AND ANY POTENTIAL RE -USE AS A COMMERCIAL AIRPORT
Motion carried 5-0.
2. COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAB) MEMBERSHIP
DUES
Christine Shingleton, Assistant City Manager, reported the
Coalition for a Responsible Airport Solution (CRAS) was a group
consisting of several cities opposing commercial use of Marine
Corps Air Station, E1 Toro, and studying regional airport
solutions. CRAS was requesting each member agency contribute
$1,000.00 to support the Coalition's work regarding the future of
MCAS, E1 Toro.
It was moved by Potts seconded by Thomas, to authorize a
$1,000.00 contribution to support the Coalition for Responsible
Airport Solution.
Councilmember Puckett thanked Kathy Weil for representing the City
of Tustin on CRAS.
Motion carried 5-0.
3. GRAFFITI - CITIZEN TASK FORCE
W. Douglas Franks, Chief of Police, reported that at Councilmember
Puckett's request, staff investigated past graffiti ordinances in
the City of Tustin, and what actions the Orange County Task Forces
and State/County legislatures had taken to combat graffiti. He,
stated staff recommended establishing a citizen task force,
consisting of community representatives, to explore methods to
halt the spread of graffiti in the City.
Councilmember Puckett volunteered to serve as the Council
representative on the task force, and requested Mayor Pontious and
a high school student representative also serve on the task force.
Councilmember Thomas offered an alternative and suggested that the
Graffiti Task Force be included as a part of the Beautification
Committee. Because graffiti was also an area of concern for the
Beautification Committee, combining the two would prevent
duplication of effort.
Mayor Pontious suggested the Graffiti Task Force be a sub-
committee of the Beautification Committee and submit their agendas
and minutes to the Beautification Committee for review and
communication purposes.
Mayor Pro Tem Potts supported the Task Force concept and suggested
it serve as a sub -committee to either the Beautification Committee
or the Youth Issues Committee purposes.
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Council discussion followed regarding proliferation of committees
and communication with Youth Issues Committee on graffiti related
issues.
William Huston, City Manager, clarified that the Graffiti Task
Force functioning as a sub -committee of the Tustin Area Youth
Issues Committee would involve time delays because recommendations
from the Youth Issues Committee must be presented to the Tustin
Unified District School Board of Education and City Council for
approval before any action could be taken.
Council/staff discussion followed regarding coordination of ideas
between the Graffiti Task Force and the Tustin Area Youth Issues
Committee; Councilmembers' attendance at committee meetings and
possible Brown Act violations; and Council approval requirement
for all policy actions of committees.
Councilmember Puckett expressed the importance of formation of the
Graffiti Task Force as soon as possible.
It was moved by Puckett seconded by Saltarelli, to establish a
citizen Graffiti Task Force as a sub -committee ,of the
Beautification Committee to explore methods to halt the spread of
graffiti in the City; report activities to the Tustin Area Youth
Issues Committee; appoint Mayor Pontious and Councilmember Puckett
as representatives to the task force•; and request staff and
councilmember representatives make recommendations to the City
Council for membership on the citizen Graffiti Task Force.
Motion carried 5-0.
4. MISS TUSTIN SCHOLARSHIP PAGEANT
Margarete Thompson, Miss Tustin Scholarship Pageant Director,
requested a $1,600.00 contribution from the City for the 1993 Miss
Tustin Scholarship Pageant.
It was moved by Potts seconded by Thomas, to appropriate
$1,600.00 for the 1993 Miss Tustin Scholarship Pageant.
Margarete Thompson announced the theme of the pageant was Stairway
to the Stars and invited everyone to attend on May 15, 1993, 7:00
p.m., at St. Jeanne De Lestonnac School.
Motion carried 5-0.
5. TUSTIN AREA YOUTH ISSUES COMMITTEE
William Huston, City Manager, reported that Council and the Tustin
Unified School District Board had agreed to enter into a
memorandum of understanding regarding the formation of the Tustin
Area Youth Issues Committee. He stated that the school district
recommended that two students serve on the committee in ex -officio
capacities. He recommended ratification of the memorandum of
understanding and that Council appointments be completed.
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It was moved by Saltarelli seconded by Puckett, to ratify the
Memorandum of Understanding between the City and the Tustin
Unified School District creating the Committee.
Motion carried 5-0.
Councilmember Thomas nominated Mayor Pontious and Mayor Pro Tem
Potts to serve on the Tustin Area Youth Issues Committee as
Council representatives. Council concurred.
Mayor Pontious nominated Gwen Ferguson and Cathy DeMayo to serve
on the committee as community representatives.
Council discussion followed regarding whether appointment of Gwen
Ferguson could create a conflict because her husband, Todd
Ferguson, was a member of the Tustin Unified School District Board
of Education.
Mayor Pontious noted that the committee was an advisory body,
strong consensus was required prior to submitting recommendations
to the Council/Board and, for those reasons, conflict should not
present a problem.
Council concurred to appoint Cathy DeMayo and Gwen Ferguson to the
Tustin Area Youth Issues Committee.
6. MOUNTAINEER REFINERY
James Rourke, City Attorney, reported that the City's
participation in PRP Committee was the best way to limit its cost
contribution and avoid further legal fees stemming from litigation
or other Environmental Protection Agency action.
It was moved by Puckett seconded by Thomas, to authorize
$7,000.00 in responsible party costs and authorize City of Tustin
to join PRP (potentially responsible party) Committee.
Motion carried 5-0.
%II. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - MARCH 22, 1993
It was moved by Potts seconded by Saltarelli, to ratify the
Planning Commission Action Agenda of March 22, 1993.
Motion carried 5-0.
2. SPORTS PARR MASTER PLAN UPDATE
It was moved by Thomas seconded by Saltarelli, to receive and
file subject report.
Motion carried 5-0.
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3. INVESTMENT SCHEDULE AS OF FEBRUARY 28, 1993
It was moved by Thomas, seconded by Saltarelli, to receive
and file subject report.
Motion carried 5-0.
4. STATUS REPORT - ASSESSMENT DISTRICT NO. 85-1 AND NO. 86-2
It was moved by Thomas, seconded by Saltarelli, to receive
and file subject report.
Motion carried 5-0.
Councilmember Saltarelli requested a report comparing the
differences between this report and last year's report.
%III. PUBLIC INPUT - None
%IV. OTHER BUSINESS
1. PRIORITIZE CAPITAL PROJECTS
Councilmember Saltarelli stated that due to budget
constraints, decisions should be made as to which capital
improvement projects would proceed.
Mayor Pontious responded that a budget workshop would be held
to prioritize capital improvement projects.
2. TUSTIN AREA YOUTH ISSUES COMMITTEE APPOINTMENT
Mayor Pro Tem Potts thanked Council for the Youth Issues
Committee appointment, noted the amount of work and time that
would be involved and, if he was unable to fulfill his
obligation, he would request another Councilmember be
appointed.
3. DEEDEE CARR - TEACHER OF THE YEAR
Mayor Pro Tem Potts commended Deedee Carr, Estock School
teacher, for being chosen as Teacher of the Year and
requested a proclamation be presented to her.
4. CABLE TELEVISION REGULATIONS
Mayor Pro Tem Potts requested a report addressing new cable
television regulations and the 10 percent roll back fee. He
stated that the City of Irvine had formed a committee to
explore cable television alternatives and suggested staff
contact the committee when they completed their
investigation. He also requested the report address
satellite dish guidelines.
William Huston, City Manager, responded that a report would
be submitted at the May 3, 1993 Council meeting.
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5. STEVENS SQUARE PARKING STRUCTURE ACCESS
Mayor Pro Tem Potts requested a report addressing the
feasibility of installing access/pedestrian ramps from E1
Camino Real to the Stevens Square Parking structure.
Mayor Pontious questioned if there had been a past proposal to
connect the First Street businesses to the Stevens Square
parking structure.
Christine Shingleton, Assistant City Manager, responded that
the Redevelopment Agency approved a funding request from a
business owner along Main Street to provide pedestrian access
ramps. She stated that numerous attempts had been made,
without success, to contact the owner of the parking structure
for approval to alter the structure. However, staff would
continue their effort to contact the owner.
Council/staff discussion followed regarding what portion of
the parking structure was city -owned; stairway options;
Council assistance to move the project forward; and submittal
of staff report at May 17, 1993 Council meeting.
6. CITY LAYOFF CONTINGENCY PLAN
Councilmember Thomas stated that with the State taking revenue
from the City, he requested that the Audit Committee explore
a contingency plan addressing the future potential
loss/reduced property taxes, reduced services, and sale of
assets, before the City implemented personnel layoffs.
William Huston, City Manager, suggested that because of the
critical timing of the budget and the uncertainty regarding
State legislative action, to continue development of the draft
budget and Council recommend that the Audit Committee focus on
specific topics, such as sale of City assets.
7. COUNCIL UPDATES - COUNTY COMMITTEE APPOINTMENTS
Councilmember Thomas suggested Council give monthly activity
reports on their various County committee appointments.
S. WRITTEN PLANNING DEPARTMENT PROCEDURES FOR DEVELOPERS
Councilmember Thomas questioned if written procedures were
available to the public and developers to provide information
on processes used in the Planning Department.
Christine Shingleton, Assistant City Manager, responded that
literature and user guides were available.
William Huston, City Manager, stated that large developer
projects were complicated and it was impractical to supply
written guidelines for every step.
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9. BUS SHELTERS
Councilmember Thomas requested a report addressing use of bus
stop shelters in the City.
Council/staff discussion followed regarding past Council
action regarding bus shelters.
10. SHUTTLE SERVICE AT TIISTIN MARKET PLACE
Councilmember Thomas suggested investigating the use of a
shuttle service at the Tustin Market Place.
11. BEAUTIFICATION COMMITTEE MEETING - APRIL 14, 1993
Councilmember Thomas noted the Beautification Committee would
meet on April 14, 1993, at the Tustin Area Senior Center, and
encouraged the public to attend.
12. NEW CIVIC CENTER
Councilmember Puckett reported he had toured the new Civic
Center site and was very impressed.
13. VECTOR CONTROL COMMITTEE MEETING UPDATE
Mayor Pontious reported on Vector Control Committee
information pertaining to expected heavy mosquito season and
African Bee threat.
14. BERMS INSTALLED - BRYAN AVENUE/TIISTIN RANCH ROAD
Councilmember Saltarelli reported The Irvine Company had
expedited installation of berms in the Bryan Avenue/Tustin
Ranch Road area.
15. PLANNING COMMISSION MINUTES
Councilmember Saltarelli commented that the Planning
Commission Minutes were very informative and helpful.
16. BIRTHDAYS - MAYOR PRO TEM POTTS AND COUNCILMEMBER PUCKETT
Councilmember Saltarelli noted recent birthdays ending in
"zeros" that were celebrated by Mayor Pro Tem Potts and
Councilmember Puckett.
%V. CLOSED SESSION - None
RVI. ADJOURNMENT
Mayor Pontious adjourned the meeting at 9:40 p.m. The City
Council had scheduled a Moulton Parkway Super Street Presentation
on Monday, April 19, 1993, 5:30 p.m. at the Tustin Area Senior
Center; and the next regular meeting of the City Council was
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Page 18, 4-5-93
scheduled for Monday, April 19, 1993, 7:00 p.m., at the Tustin
Area Senior Center.
11#W9311
MARY E. WYNN, CITY CLERK