HomeMy WebLinkAbout14 MINUTES 08-15-94 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNI&
AUGUST 1, 1994
NO. 14
8-15-94
C&LL TO 0RDER/PLED~E OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Saltarelli at 7:08 p.m. at the
Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of
Allegiance was led by Mayor Pro Tem Potts. The Invocation was given by
Councilmember Worley.
ROLL CALL
Council Present:
Council Absent:
City Clerk Wynn:
Others Present:
Thomas R. Saltarelli, Mayor
Jim Potts, Mayor Pro Tem
Mike Doyle
Jeffery M. Thomas
Tracy A. Worley
None
Absent
William A. Huston, City Manager
Lois Jeffrey, Interim city Attorney
Christine Shingleton, Assistant City Manager
W. Douglas Franks, Chief of Police
Ronald A. Nault, Finance Director
Robert Ruhl, Field Services Manager
Susan Jones, Recreation Superintendent
Beverley White, Deputy City Clerk
Rita Westfield, Asst. Dir./Com. Development
Dana Kasdan, Engineering Services Manage~
Rick Zimmer, Redevelopment Program Manager
Dana Ogdon, Senior Planner
Gary Veeh, Water Operations Manager
Bettie Correa, Senior Personnel Analyst
Randy Westrick, Recreation Supervisor
Gary Magill, Recreation Supervisor
Doug Anderson, Transportation Engineer
Irma Hernandez, Administrative Assistant
Katie Pitcher, Administrative Assistant
Approximately 60 in the audience
PROCLANATION
FORMER AUDIT COMMITTEE MEMBER, JERRY WEIL
Mayor Saltarelli read and presented a proclamation to Jerry Weil,
former Audit Committee Member.
Jerry Weil thanked the Council for giving him the opportunity to
serve on the Audit Committee.
FORMER PLANNING COMMISSIONERS WILLIAM STRACKER AND JOHN BUTLER
Mayor Saltarelli read and presented proclamations to William
Stracker and John Butler, former Planning Commissioners.
John Butler and William Stracker thanked the Council for the
proclamations and for appointing them to serve on the Planning
CITY COUNCIL MINUTES
Page 2, 8-1-94
Commission.
PREEE~TATION
CHILI COOK-OFF PROCEEDS
Randy Westrick, Recreation Supervisor, reported the Chili Cook-Off
had been a successful event with approximately 6,000 people in
attendance.
Mayor Saltarelli presented a check in the amount of $3,000.00 from
Chili Cook-Off proceeds made payable to TAFFY, Tustin Acts For
Families and Youth, to CynDi Glavas and Cliff Polston, TAFFY
representatives.
CynDi Glavas thanked Council, residents,
TAFFY, and stated the proceeds would
projects.
and staff for supporting
be put toward upcoming
POGS
Douglas Franks, Chief of Police, presented Council and William
Huston, City Manager, with plaques depicting first edition Tustin
Police Department Pogs designed by Tustin Police Officer Dave
A~nold.
Council thanked the Police Department for the plaques.
PUBLIC INPUT - None
PUBLIC wRqRING (ITEM 1)
1. RESOLUTION NO. 94-86# PLACING ASSESSMENT FOR SOLID WASTE
COLLECTION ON THE 1994-95 TAX ROLL
Ronald Nault, Director of Finance, reported that this was the
second Public Hearing required for placing assessment for solid
waste collection on the tax roll. He stated that staff had
compiled a survey of commercial bin rates for approximately 18
cities which revealed Tustin was comparable to the countywide
average. He explained that the calculations for the rate increase
were based on the franchise agreement with Great Western
Reclamation approved by Council in 1993. He noted that according
to State law, placement of the assessment on the tax roll required
a two-thirds Council vote.
Council/staff discussion followed regarding if Council did not
approve placing the assessment on the tax roll, Great Western
Reclamation would bill the customer directly.
Mayor Saltarelli opened the Public Hearing at 7:29 p.m. There
were no speakers on the subject and the Public Hearing was closed.
It was moved by Worlev. seconded by Thomas, to adopt the following
Resolution No. 94-86:
CITY COUNCIL MINUTES
Page 3, 8-1-94
REBOLUTION NO. 94-86 - A RESOLUTION OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 5473 ET
SEQ. OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA,
APPROVING AND ADOPTING A REPORT RELATIVE TO PARCELS OF REAL
PROPERTY RECEIVING SOLID WASTE COLLECTION SERVICES, DETERMINING
THE CHARGES FOR SOLID WASTE COLLECTION TO BE ASSESSED AGAINST THE
RESPECTIVE LOTS OR PARCELS OF LAND AS THEY APPEAR ON THE CURRENT
ASSESSMENT ROLL
Mayor Pro Tem Potts clarified he was not opposed to placing the
assessment on the tax roll, he was opposed to the City's contract
with Great Western Reclamation.
Motion carried 5-0.
CONSENT ~I'.~eWDAR (IT~W~ 2 THROUGH 15)
Items No. 7, 8, and 15 were removed from the Consent Calendar by
Councilmember Thomas and Mayor Saltarelli. It was moved by Potts,
seconded by Doyle, to approve the remainder of the Consent Calendar as
recommended by staff. ~otion carried 5-0.
2e
4e
5®
APPROVAL OF MINUTES - JULY 18,
e~g~l~=~: Approve the
1994.
1994 REGULAR MEETING
City Council Minutes
of July 18,
APPROVAL OF DEMANDB AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,126,~44.90
and ratify Payroll in the amount of $324,287.97.
PLANNING CO)fHISSION ACTION AGENDA - JULY 25, 1994
Ail 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
July 25, 1994.
REJECTION OF CLAIM NO. 94-28 - CLAIMANT, DEAN K. SMITH; DATE OF
LOSS, 6/22/93; DATE FILED WITH CITY, 6/21/94
Recommendation: Reject subject application for permission to file
late claim, as recommended by the City Attorney.
REJECTION OF CLAIM NO. 94-22 - CLAIMANT, RAQUEL BARIL; DATE OF
LOSS 4/9/94; DATE FILED WITH CITY, 5/5/94
Recommendation: Reject subject claim for property damages, as
recommended by the City Attorney.
RESOLUTION NO. 94-92 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DECLARING SUPPORT FOR THE LOS ANGELES
RAMS REMAINING IN ANAHEIM AND THE COUNTY OF ORANGE
Recommendation: Adopt Resolution No. 94-92 declaring support for
the Rams remaining in Anaheim, as recommended by the Office of the
City Clerk.
AWARD OF CONTRACT FOR WATER MAIN REPLACEMENT PROJECTS - PROJECT
NO. 600121
Recommendation: Award the contract for the subject project to RLT
CITY COUNCIL MINUTES
Page 4, 8-1-94
Construction, Inc. of Anaheim, california, in the amount of
$327,070.00, as recommended by the P~blic Works Department/Water
Division.
11.
RESOLUTION NO. 94-96 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
REPAIR AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR
SIDEWALK, CURBAND GUTTER, AND INTERLOCKING PAVER REPAIR PROJECT,
1993-94 FY
12.
13.
14.
Recommendation: Adopt Resolution No. 94-96 accepting said work
and authorizing, recordation of the Notice of Completion, as
recommended by the Public Works Department/Engineering Division.
RESOLUTION NO. 94-95 - 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 ASPHALT
CONCRETE REHABILITATION AND OVERLAY PROJECT 1993-94 FY (PROJECT
NO. 700001)
Recommendation: Adopt Resolution No. 94-95 accepting said work
and authorizing recordation of the Notice of Completion, as
recommended by Public Works Department/Engineering Division.
RESOLUTION NO. 94-85 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE INCLUSION OF THE CITY
INTO A COUNTY RECYCLING MARKET DEVELOPMENT ZONE PROGRAM
Recommendation: Adopt Resolution No. 94-85 approving the
inclusion of the city in a Countywide Recycling Market Development
Zone Program, as recommended by the Public Works
Department/Engineering Division.
RESOLUTION NO. 94-93 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN
Recommendation: Adopt Resolution No. 94-93 amending the
Classification Plan to include the non-management position of
Project Manager-Housing, as recommended by Personnel Services.
ITEM NO. 15 - AGREEMENT - HISTORIC/%L SOCIETY RENT
Mayor Saltarelli stated that the Historical society was an important part
of the City and it was appropriate to assist them by authorizing payment
of their annual rent.
It was moved by Thomas, seconded by Worley, to authorize payment for rent
of $475.00 per month to the Tustin Area Historical Society effective July
1, 1994 and terminating June 30, 1995.
Motion carried 5-0.
Mayor Saltarelli presented a check to Lillian Kugler, Tustin Historical
Society president, in the amount of $5,700.00 for the annual rent of the
Tustin Area Historical society.
Lillian Kugler thanked Council for their support and encouraged residents
and Council to become actively involved in the Historical Society.
CITY COUNCIL MINUTES
Page 5, 8--1-94
ITEM NO. 7 - RESOLUTION NO. 94-97 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, URGING CONGRESS TO ADDRESS THE ESCALATION
OF ILLEGAL IMMIGRATION AS A TOP PRIORITY ISSUE
Councilmember Thomas noted that an SOS measure was being circulated around
the state which was stricter than the City,s proposed resolution and he
requested that Council agendize the initiative for discussion at a future
Council meeting.
It was moved by Thomas, seconded by Worley, to adopt Resolution No.
addressing the escalation of illegal i~migration.
Motion carried 5-0.
94-97
Mayor Pro Tem Potts said that in the past, law enforcement officers could
temporarily detain illegal i~
....... ~ . ~an~ zor the Immigration and
ma=urallzatlon Service under Title 8, Section 1325 of the U.S. Code, and
stated he supported enforcement of that law.
ITEM NO. 8 - HAZARDOUB MATERIAL BPILL CLEAN-UP CONTRACT
Councilmember Thomas questioned the procedures for responding to hazardous
material spill clean-up and stated he was concerned if there would be a
jurisdictional problem.
'~illiam Huston, City Manager, replied that the County Fire Department
;ould be the contracting agency for the City.
Katie Pitcher, Administrative Assistant, stated that Disposal CJntrol
Services had facilities in Los Angeles and San Diego counties and would
respond for containment and disposal control of a hazardous material
spill.
Council/staff discussion followed regarding the cooperative agreement.
It was moved by Thomas, seconded by Pott:~f to participate as a co-op
entity under the County of Orange contract with Disposal Control Service,
Incorporated, for hazardous material spill clean-up services, and that the
City Manager be authorized to execute a letter of agreement.
Motion carried 5-0.
REGULAR
16.
BUSXNESS (ITB~B 16 THROUGN 32)
THE MCKINNEY ACT STRATEGY AS IT APPLIES TO MCAS TUSTIN
Christine Shingleton, Assistant City Manager, reported that the
Stewart B. McKinney Homeless Assistance Act of 1987 required that
the Defense Department and other federal agencies give homeless
assistance top priority consideration over other uses for transfer
of surplus federally owned buildings or land which were determined
to be suitable and available, and which were not needed by another
federal agency, to accommodate the needs of the homeless. She
stated the property may be leased or transferred Under a grant
deed to service providers including non-profit homeless providers,
state and local governmental agencies, and other housing agencies.
CITY COUNCIL MINUTES
Page 6, 8-1-94
She said there were strict federal guidelines under which an
applicant may qualify for operation and transfer of property as a
homeless provider and those criteria included the financial
ability of an operator: to maintain transferred property; to
operate programs; to have adequate insurance; to document the need
for a program; and the applicant's experience in operating similar
programs. She stated recent efforts had occurred at the national
level to modify the McKinney Act, primarily to be guided by a
local community reuse plan. The House of Representatives adopted
an amendment to the McKinney Act, placing part of the
responsibility for compliance or accommodation of the homeless
into the community's hands. She summarized the screening process
the Department of Navy and Marine Corps would follow including:
advertising base closure property to determine whether another
federal department or military branch wished to use a portion of
a closing facility; conducting a workshop for homeless providers
to describe available property; notification of the Department of
Housing and Urban Development (HUD) describing what property was
available; publishing a notice of availability of such properties
in the Federal Register; timeline for homeless providers to
express interest in properties; review of applications by Health
and Human Services (HHS); HHS recommendations for transfer
submitted to the Secretary of the Navy to assign property to HHS
fDr conveyance; and subsequent to McKinney screening, the local
Reuse Authority could indicate an interest in the transfer of
portions of the base not requested by either federal agencies or
the homeless. She stated the City had met with the O~ange County
Homeless Services Coalition to achieve a consensus on an overall
strategy regarding the McKinney Act. She noted that meetings had
ceased the past few months because of sSgnificant disparities
between what staff believed to be the need for balance in the
Reuse Plan and a fair share accommodation for the homeless.
The following members of the audience spoke in favor of the
McKinney Act Strategy As It Applies to MCAS, Tustin:
Jon Schlemmer, Orange County Homeless Services Coalition
Tim Shaw, Orange County Homeless Issues Task Force
Jack Miller, 17352 Parker Drive, Tustin
Beverly Hatton, Serving People In Need
The following member of the audience requested additional
information regarding possible impacts on the community of
McKinney Act compliance at MCAS, Tustin:
Jerry Weil, Tustin Meadows Community Insight Committee
representative
Mayor Saltarelli encouraged renewed negotiations between staff and
the Homeless Coalition to work toward a proposal acceptable to all
groups involved and he noted the importance of the Education
Coalition which could help the homeless become contributing
members of society again.
Mayor Pro Tem Potts stated he agreed that the Education Coalition
would be beneficial to the homeless by teaching skills and
CITY COUNCIL MINUTES
Page 7, 8-1-94
offering trade schools.
It was moved by Potts, seconded by Thomas, to concur with current
McKinney Act compliance strategy.
Councilmember Thomas supported the fair share unit
noted this was a regional issue and would need all
become actively involved.
approach and
31 cities to
Councilmember Worley stated that fair share was the key and she
said she was optimistic that an agreement could be reached between
all groups.
Mayor Saltarelli stated that the critical issue was helping to
move as many people through the units and back into society by
education and re-training available through this program.
Motion carried 5-0.
17.
BALLOON FESTIVAL
Christine Shingleton, Assistant City Manager, reported that a
License and Permit Board Hearing had been scheduled for August 10,
1994, on this matter; affected Homeowner Associations had been
notified of the hearing; and the applicant had submitted a
completed application.
Council/staff discussion ~ollowed~egarding premature advert/sing
of the festival; area residents voiced displeasure that they had
not been contacted regarding the festival; area residents,
concern with proposed parking areas; closing Pioneer to festival
parking; the festival could be a good opportunity for the City;
and non-profit groups such as the Boys and Girls Club of Tustin
and TAFFY could set up booths at the festival.
The following member of the audience spoke regarding the proposed
Balloon Festival:
18.
John Korff, Korff Enterprises
ROLLER HOCKEY POTENTIAL AT COLUMBUS TUSTIN PARK
Christine Shingleton, Assistant City Manager, reported that at the
July 5, 1994 meeting, Council requested alternate designs for
location of a roller hockey facility at Columbus Tustin Park. She
stated that roller hockey facilities could not be developed on the
park site without a cooperative agreement and modification of the
joint use agreement with the Tustin Unified School District. She
said upon Council approval of a roller hockey site alternative,
the next step would be to reach agreement with the school
district.
Council/staff discussion followed regarding
between the school district and the City.
Mayor Pro Tem Potts stated he supported
a joint agreement
Alternative III;
CITY COUNCIL MINUTES
Page 8, 8-1-94
19.
encouraged the school district to work with staff on a roller
hockey site at Columbus Tustin Park; believed that providing a
roller hockey site would benefit the community's youth; and noted
that Dr. Andrews preferred Alternative III because it was the site
furthest away from the school.
Mayor Saltarelli stated his support for Alternative III and also
encouraged the school district to work with staff to provide a
site for roller hockey.
Councilmember Worley stated she supported Alternative III because
of its location away from the school; and noted Dr. Andrews'
support of Alternative III and his concerns of possible graffiti
to the school if the hockey site was located closer to school
grounds.
The following member of the audience spoke regarding roller hockey
noise level:
Alex Reddin
William Huston, City Manager, stated that upon Council direction,
staff would contact the school board and initiate negotiations of
~ joint use agreement.
Council/staff/speaker discussion followed regarding how the
construction costs would be paid; vendor participation; adequate
softball fields would prevent softball games from being disDlaced
during construction of a roller hockey rink; short-term versus
long-term concession agreement; leasing the property from the
school district; property constraints would allow construction of
one rink without impacting other programs on the site; and staff
to submit update reports to Council.
William Huston, city Manager, clarified that staff was requesting
school district cooperation at this time and was not seeking
funding.
It was moved by Potts, seconded by Thomas, to begin negotiations
immediately with the Tustin Unified School District to construct
a roller hockey rink on Columbus Tustin Sports Field #1.
Motion carried 5-0.
The following members of the audience spoke in favor of locating
a roller hockey rink in Tustin:
Terri Neal, Parks and Recreation Commissioner
Steve Horowitz, HHS Recreation Services president
2196 - OPTIONS ON MUNICIPAL ELECTION DATE8
Councilmember Thomas reported that the State changed the primary
election date to March in 1996 on a trial basis and he recommended
changing the city's General Municipal Election to coincide with
the State primary. He stated the change would save the City money
CITY COUNCIL MINUTES
Page 9, 8-1-94
and take advantage of increased voter turnout. He said that if
the State decided to return to the June primary date in 1998, the
City should continue to consolidate the municipal election with
the State primary election.
Mayor Pro Tem Potts stated that the State changing the primary
election date to March on a trial basis was confusing and he said
that until the State determined a permanent primary date, he
supported the City's General Municipal Election remaining in
April.
Councilmember Worley stated she supported moving the City's
election to March which would avoid having two elections two weeks
apart. She said that the City should keep the municipal election
date consolidated with the State.
Mayor Pro Tem Potts requested that the public be allowed to
comment on this item before Council took action; stated AB 2196
was confusing; and because of the increased amount of money that
could be collected for candidate,s campaigns, he was opposed to
election consolidation.
Mayor Saltarelli stated that November elections provided the best
voter turnout, but he said he supported moving the municipal
election to March because it would be a hardship on voters to vote
in the State primary in March and a City election in April. He
noted that the date change would save the City approximately
$20,000.00.
Councilmember Thomas stated that the City could try conducting the
municipal election in March until 1998 and if the State moved
their primary date after 1998, the City could decide at that time
to remain consolidated with the State or have a separate City
election.
It was moved by Thomas, seconded by Worley, to move the date of
the City's General Municipal Election to the date of the statewide
direct primary which in 1996 will be held in March.
The following member of the ~udience requested Council allow
public input at a future meeting; and supported a November
election date:
Alex Carrassi, 17961 Arbolata, Santa Ana
Mayor Potts and Councilmember Doyle requested allowing the public
to discuss this issue at a future Council meeting.
Lois Jeffrey, Interim City Attorney, stated that an ordinance
would be presented at a future Council meeting proposing the
election date change and the public would have an opportunity to
discuss the issue at that time.
As an amended motion, it was moved by Thomas, seconded by Worle¥,
to introduce an ordinance at a future Council meeting changing the
date of the City's General Municipal Election to the date of the
CITY COUNCIL MINUTES
Page 10, 8-1-94
statewide direct primary which in 1996 will be held in March.
Amended motion carried 5-0.
RECESS - The meeting was recessed at 8:55 p.m. and reconvened at 9:05 p.m.
20.
ORDINANCE BANNING GIFTS OF $250 OR MORE
Mayor Pro Tem Potts requested that because of continued citizen
interest and questions on the subject, this item be continued to
the August 15, 1994 Council meeting.
Councilmember Doyle requested the County of Orange's ordinance be
incorporated into the city's ordinance.
William Huston, city Manager, clarified that the first draft of
the proposed ordinance had been the County of Orange's ordinance
verbatim, and that this ordinance was a third draft.
Council discussion followed regarding making additional changes to
the proposed ordinance; and re-visiting the County of Orange's
ordinance.
Councilmember Worley stated she did not support discussing the
County of Orange's ordinance again. She stated she had received
mail supporting the County of Orange's ordinance; she believed
that the County's ordinance was too restrictive and could prevent
Council's attendance at certain events, lunches, or dinners; the
proposed ordinance was similar to restrictions on State officers;
she stated an elected official should not have to use their own
assets when discussing city business; she was opposed to forcing
Councilmembers to pay for every meal, seminar or conference where
City business would be discussed; and a more restrictive ordinance
was an overreaction and would make Council's job too difficult.
Councilmember Thomas noted that Council had agreed upon the
changes incorporated in the proposed ordinance unanimously at a
past meeting. He stated he supported banning gifts of $250.00 or
more.
It was moved by Worle¥, seconded by Thomas, to approve the
following Ordinance No. 1129 banning the acceptance of gifts by
city officers and Designated Employees aggregating $250.00 or
more:
ORDINANCE NO. XlZ9 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, REGARDING RESTRICTIONS ON GIFTS
The following member of the audience spoke in support of a gift
ban ordinance:
Stanley Miller, 17401 Village Drive, Tustin
Mayor Saltarelli stated that the reason for a gift limit was for
the protection of the elected official; noted the numerous times
he had paid for lunches or dinners; and stated he supported the
CITY COUNCIL MINUTE&
Page 11, 8-1-94
21.
22.
proposed ordinance.
M~otion car~__ried 3-~, Potts, Doyle opposed.
Mayor Pro Tem Potts stated that a restrictive gift ban ordinance
would help prevent a Council/Commissioner from being persuaded by
expensive gifts, dinners, or campaign donations. He stated the
$175.00 a month Council expense money was more than adequate to
COver business lunches or meet~ng~ and encouraged Council to
conduct business meetings in their City Hall offlces. He said he
~i~l that a future Council would enact a stricter gift ban
Council discussion followed regarding Council salaries had not
been increased for Several years; elected positions should not
reguire Councilmembers to spend their
discussing City business; a str' own money for meetings when
Council,s attendance at ~ .... lct~r ordinance could a~-~
conduct meetings in Council offices rather than meeting for lunch
=~, uF=~xngs~ or seminars;
or dinner; and Council should be available to residents/applicants
to discuss matters impacting the City and lunch/dinner meetings
allowed time necessary to spend on important issues.
O?DINANcE NO. ~134~ SMOKING RESTRICTIONS
Council/staff discussion followed regarding AB
effect January 1, 1995 and the Clty,s ordinance 13 would go into
at that time. would be reviewed
It was m~oved by Worley, seconded by Pott~, that Ordinance No. 1134
have second reading by title only. M_otion carried 5-0.
Following second reading by title only of Ordinance No. 1134 by
the Deputy City Clerk, it was m~oved by Potts, seconded by Worle~,
to adopt the following Ordinance No. 1134:
ORDI~A~C~ NO. ~$4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING PART 2 OF CHAPTER 1 OF ARTICLE 4
OF THE TUSTIN CITY CODE REGARDING SMOKING
M~otion carried 4-~, Doyle opposed (roll call Vote).
Councilmember Doyle noted inconsistencies in AB 13 regarding free
standing bars and a smoke-free environment.
ORDINANCE REQUIRING THAT PROPOSALS FOR THE ANNUAL INDEPENDENT
AUDIT BE REQUESTED AT LEAST EVERY FIVE YEARs
Mayor Pro Tem Potts stated that this practice had been utilized in
the past; however, he requested an ordinance stipulate proposals
for the annual independent audit be requested every five years,
excluding the current auditor from the proposal process.
Councilmember Thomas said that the Audit Committee put the
independent audit out for bid as a standing practice and that they
had requested automatic rotation of the auditors.
CITY COUNCIL MINUTES
Page 12, 8-1-94
Council/staff discussion followed regarding the Audit Committee's
recommendation would allow new auditors every five years; and
modifying ordinance language to exclude current auditors from the
bid process.
It was moved by Potts, seconded by Thpmas, to approve the
following Ordinance No. 1135, as modified Lo exclude current
auditors participating in the Request for Proposal process:
ORDINANCE NO. 1135 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, RELATING TO AN ANNUAL INDEPENDENT AUDIT
Motion carried 5-0.
SOLICITATION OF OCCUPANTS OF MOTOR VEHICLES
Lois Jeffrey, Interim city Attorney, reported that this ordinance
was a proposed public safety measure which was recently upheld by
the Appellate Court and it would allow the city to regulate
solicitation of occupants of motor vehicles.
Council/staff discussion followed regarding enforcement
procedures; and including in the ordinance solicitation in
cQmmercial parking lots.
It was moved by Potts, seconded by Doyle, to direct staff to
modify the proposed ordinance to include commercial parking areas.
Z4.
Motion carried 5-0.
TERM LIMITS FOR pL4%NNIN~ COMMISSIONERS AND PARKS COMMISSIONERS
Mayor Pro Tem Potts stated he supported three full consecutive
terms for Planning and Parks and Recreation Commissioners, and if
a commissioner wanted to apply for the position again after three
consecutive terms, the Commissioner must sit out two years to be
eligible for reappointment. He stated this would encourage new
people to participate and serve the City.
It was moved by Potts, seconded by Worley, to approve the
following Ordinance No. 1137:
ORDINANCE NO. 1137 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, PROVIDING TERM LIMITATIONS FOR PLANNING
COMMISSIONERS AND FOR MEMBERS OF THE PARKS AND RECREATION
cOMMISSION
Motion carried 5-0.
AUTHORIZATION TO INITIATE NEGOTIATIONS FOR A COMMUTER RAIL STATION
It was moved by Potts, seconded by worley, to authorize the
Assistant city Manager to initiate negotidtions for purchase
acquisition or long term lease for a commuter rail station site
with Kemper Real Estate, the property owners of Jamboree Plaza.
CITy COUNCIL MINUTEs
Page 13, 8-1-94
26.
r~u.ne initiati -"' assistant · ·
~ Stat/on at ~=ng negotiatin,.c~ty Manager ~_ .
~"= Site ~_ .uae north~.~ v..o £or a~.- / .~POrted
necessa~. ~rovlded a ~u COrner o~ ~L~uzsZtlon of 3 cue City
~ amenitie~ ~ ~-v-400 ~ .... ~ ~lnger an~ ~ ~ comm~t~_
~e a rail ~=. Parkin, , ~oaa.
y Ction tat on
apprOXimately ~'3 ~illion. -~""= Project .
= ~-~ mlllio,. __~ne noted wa? est/ ~"' She
IrVine involvement in the PrOject. -.~ng SOUrces. l~? ~ap of
--' Potential fu~:~Urrent fUnd~ted at
· ~n~ City of
Council/staff d{, _ .
~trxbution; 2~cu~sl°n loll
-,,=rs associatioltryzng the pe,~fr~lng the
station negotiations. ~ng the s~ ~ ~,,u Tusti, .. ~zne
. uat~s of conu~meadows
U=er rail
AIRPORT STATus
CAR~OopERAT---~°RT - PaL--
It ~as moved b
SUb3ect~.~~__~~~~
. , to receive and file
APPLI~TION ~OR ALLOCATioN O~
~hristlne Sh~ _ MORTGAGE
~ederal - ~ngleton, As~_~ . ~r CERTI~iC .
aUthoriz ~.~ernment a,%~.ant City ,=__
al .... ~on for ~ =~uca~ed = ~ "~-uger, r
l~=ed · ~Cn ~ set
the ..... this aUthow~. .State and --.. amount that the
~a~lforn~_ ~ _~", Which ~= ~ ]Uris~-~ z"~, in e,,~ ~age
Califo~,~= ueDt Limit ~. une Count, ~u=lO~s. She 3~~n' sub-
local allocat£ t o=y Co i tela riling, j at?d that
T~s~- ~=~Cles. ~ uls State,- _ · WhO had ~ o =o th~
~,~ ~Olned ~-~e said th~ · ~ S~are o~
~a~Ocation ~ ~°~aer citi~.''~ In Septe,~ mOrtgage am~7~
ueplete~ _ L~ unls nr~~~ ~ and th- _--~=r 1993 ~ -u~=s to
alloc~V.~n~ the Co.F~i~ram, and no~_~ uoUnty in ' ~e C~ty
~ulon. ~"uY Was pre~=~e~ the alloc=~= receiving a~
It Was
ResolUtion
~n~ed b Do le
· a MOrtga td° ? the lOll--.
RESOLUTION NO. ~ Ure~it C~ ~. ~wlng
CITy OF TUSTiN, 94-94 A =rclflCate
PROGRAM IN COOPERATION- RESOLUTION OF THE CITy COUNCIL 0
CALIFORNIA, ADOPTING A MORTGAGE CRE~- F THE
. WITH THE COUNTy OF ORANGE u~T CERTIFICATE
OLD ~OWNE/~R~ SIGN
Christi, ....
s~pDor~ =~ore Counc~- ~stant
= ~ from Council ~ ~athe JuiCily?nager, reported
designed for the Old Town area. She said tha~
Ce n~ ~. , 1994 me^~. ~nil Co~
~" n~Storical en~%~ng, requestin~
the existing
cITY
Page 14,
coUNCIL MINUTES
8-1-94 _ __tm signs
new concept zor. ~'~mprehenslve
s ineffective an~ ~ .~,,ld be studying. ~ -~aff meet
needed- · onteXt with the urban design study
is~s for the doWntOW,,
design -- work in c .L~ m a ~etltion
with Mr. Cox u~ -~ had subml~ue~ --~ing old
signed b~_otoriSt informat~u _ L:n~ $50,000.00
Town Tus~." ~- ~ted his oPP°slti°n to budgeux ~
Mayor pro Tem pou~ .... '
in the 1994-95 budget to retain an urban design professional and
supported giving Mr. cox an oPP°rtunity to design old Town signS.
Mayor saltarelli clarified that the $50,000.00 was to retain urban
design professionals to work with staff and the community to
develop urban design guidelines for old Town.
The following members of the audience spoke in favor of installing
old Town Entry signS-
phil Cox, 435 E1 caminO Real, Tustin
David vandaveer, 1151 walnut %98, Tustin
paul Berkman, 158 W. Main, Tustin
regarding the community work%ng
with staff=
signage, ~_~,~ was schedule~ ~n~ina~
Town Hall me~..~ stated that.it was necessartYhet~O
Councilmember Doy~l~.. signs to bring people intO
erect old Town enu=x · followed regarding erecting
to patronize old Town businesSeS-
before urban the cultural Resources a
signs involving and the urban design concept would
lifespan; guidelineS;
the urban design participation'
extensive public econded b Thom=S, to authorize new
involve
. ~~ ~Lu~'~.00 to retain urban
It was ~ authorize
signage for u~ Tow ,
design professionalS'
Motion carried 5-0. _ 13331 FOOTHILL
.... t clty Manag=~' -. = was locateu
29.
· · Shin~leton, ASSl~L~S ReServoir w~lCtt
Chrlstlne~ ~. J, novate the ~awx~..~. · of Tustin), it was
unt unincorporated to eliminate the need to deal with two
a propOSal u~ ~- area- She said in order to streamline
the Co .~ _-~essing and -~~ and city - '~1 Boulevard)
~e Derml~ ~-,~ ,,ntv of ora~ -- ,~31 ¥°°~'*~
~ecommended t~au ~
annexed to the city.
be , to initiate Annexation
It waS~
CITY COUNCIL MINUTEs
Page 15, 8-1-94
30.
No. 155 by adoption of the following Resolution No. 94-90:
RESOLUTION NO. 94-90 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITy OF TUSTIN, CALIFORNIA. INITI
UNINHABITED a~v ....... ATING APPLICATION FOR THE
.... · ~,.~'~'xuN OF TERRITORY KNOWN AS ANNEXATION NO. 155
(13331 FOOTHILL BOULEVARD)
Motion carried 5-0.
It was _move_d bv Potts~ seconde~d by Worle~, to confirm the Master
Property Tax Transfer Agreement by adoption of the following
Resolution No. 94-91:
RESOLUTION NO. 94-91 - A RESOLUTION OF THE
CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CONF
MASTER PROPE v ~ ........ IRMING THE APPLICATION OF THE
NO. 155 ~ 1 RT~ x~A 'r~U~NSFER AGREEMENT TO THE PROPOSED ANNEXATION
, 33~ FOOTHILL BOULEVARD)
Motion carrie_~d 5-0.
COUNTy LIBRARy
Councilmember Worley requested that staff and a member of Council
m~et with John Adams, County Librarian, to discuss alternatives to
expand the City,s library hours.
Council/staff discussion fo~lowe~ regarding
options including Use of senior citizens, possible staffing
C°unc~! concurred to appoint Councilmember Worley to meet with
John Adams, cO~ty Librarian.
AWARD OF CONTRAcTs -LANDBCAPEMAINTENANCEANDCUSTODIAL SERVICES
William HUston, City Manager, reported that due to fiscal
Constraints and in order to reduce Operating costs thereby
generating additional income for capital projects, staff was
recommending contracting landscape
services, alntenance and custodial
m '
It was m~oved by Thomas~ S~conde_~d by WoFlek, to approve an
agreement with California Landscape Maintenance, Inc. for
lagds~ape maintenance services
Building Care for custodial serviS~ an agreement with Pacific
two-year period. · Both agreements Were for a
Co~ncilmember Thomas stated that he supported privatization. He
said. that ~y awarding these c~ntracts, staff would continue
routine maintenance and handl
~?v~l of the contracts woul~n~g e~rgency situations, and
~pi~al projects by savin- a pro~l~ ~ddi~ional income for
e~raged investigating oth~ra pProx~mate~y. $247,000.00. u~
utilized, teas where prlvatization could ~
Council/staff discussion followed regarding City crews would
continue to handle emergency situations; and weeds along the East
CITY COUNCIL MINUTES
Page 16, 8-1-94
Tustin bike trail would be removed within a month.
Motion carried 5-0..
~%DDING ITEM TO THE AGENDA CORRECTING RESOLUTION 94-89 REGi%RI)ING
B~LLOT ARGUMENTS
Lois Jeffrey, Interim City Attorney, reported that specific
provisions regarding rebuttal arguments had not been included in
Resolution No. 94-89. She said that because of tight deadlines
for completing the ballot arguments, and that this came to the
attention of staff after the agenda was posted, there was a need
to take immediate action.
It was moved by Potts, seconded by Thomas, to agendize this
subject as an emergency item.
Motion carried 5-0.
It was moved by Thomas, seconded by Worley, to approve the
following Resolution No. 94-99:
RESOLUTION NO. 94-99 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CORRECTING RESOLUTION NO. 94-89, NUNC
P~OTUNC, AS IF SAID CoRRECTIONS WEREORIGINALLY INCORPORATED INTO
RESOLUTION NO. 94-89
Motion carried 5-0.
P~BLIC INPUT - None
OTHER BUSINESS
TASTE OF TUSTIN
Councilmembers Doyle, Thomas, and Worley, and Mayor Saltarelli
commented on the success of the Taste of Tustin event.
sANTA AND POLICE DEP~RTMENT MEMORIAL
Councilmember Doyle noted his attendance at the dedication of a
memorial honoring slain Santa Aha Police officers.
COLUMBUS TUSTIN GYMNASIUM ALARM SYSTEM
Councilmember Doyle questioned whether the new columbus Tustin Gym
would have an alarm system.
william Huston, city Manager, responded that an alarm system would
be installed by the gym's opening.
CONDITION OF BUS STOP - NISSON ROAD
Mayor Pro Tem Potts stated he had received a citizen complaint
about the poor condition of the bus stop on Nisson Road between
Red Hill and Newport Avenues.
CITY COUNCIL MINUTES
Page 17, 8-1-94
EAST TUSTIN BIKE TRAIL
Mayor. Pro Te? Ports requested agendizing at the August 15, 1994
Coun~l meeting.alternatives to o
T~stln bike trail, pen a closed section of the East
COMPUTER SECURITY
Councilmember Thomas requested a report regarding the City's
computer security system.
INACCURATE FLYER CIRCULATED IN TUSTIN MEADOWS
Councilmember Thomas noted he had received citizen calls regarding
an inaccurate flyer circulated in ~h~stin Meadows that stated all
trees were to be removed near Centennial Park; he clarified that
only five trees causing property damage Were
stated that replacement trees-would be planted, removed; and he
Mayor Saltarelli stated he had also received numerous telephone
calls regarding the flyer.
BUSINEss LICENSE AMNESTy PROGRAM
C6uncilmember Thomas noted the success of the Business License
Amnesty Program.
COUNCIL MEETING CURFEW
Councilmember Thomas requested agendizing at the August 15,' 1994
meeting, a Council meeting curfew time.
THREE-MINUTE PUBLIC INPUT LIMIT
~ouncilmembers Thomas and Worley supported the three-minute public
lnput Speaker limit.
REDEVELOPMENT CONFERENCE
Councilmember Worley noted her attendance at the recent
Redevelopment Conference and meeting Santa Aha Mayor Dan YOung.
CLOSED BN88ION - None
Mayor Saltarelli ad
· ,=~u~eu a Dudaet w~ .... --~ ~ ~u.~O p.m.
the C~ty Council Chamb~ ~= h~ld on August 15, The City Council had
1994, 5:30 p.m., at
.... ~ne nex= regular meeting of the City Council
was scheduled for Monday, August 15, 1994, at 7:00 p.m. in the Council
~hambers at 300 Centennial Way.
~HOMA~ R. 8ALTARELLI, MAYOR
MARy E. W~N, CITY CLERK