HomeMy WebLinkAboutCC MINUTES 1994 10 17MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
OCTOBER 17, 1994
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Saltarelli at 7:00 p.m. at the
Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of
Allegiance was led by Councilmember Doyle.
INVOCATION
The Invocation was given by Dr. Marj Britt, Unity Church of Tustin.
ROLL CALL
Council Present:
Thomas R. Saltarelli, Mayor
Jim Potts, Mayor Pro Tem
Mike Doyle
Jeffery M. Thomas
Tracy A. Worley
Council Absent:
None
City Clerk Wynn:
Absent
Others Present:
William A. Huston, City Manager
Lois Jeffrey, Interim City Attorney
Christine Shingleton, Assistant City Manager
Ronald A. Nault, Finance Director
Tim Serlet, Director of Public Works
Rita Westfield, Asst. Dir./Com. Development
Dana Kasdan, Engineering Services Manager
Steve Foster, Police Captain
Rick Zimmer, Redevelopment Program Manager
Gary Veeh, Water Operations Manager
Dan Fox, Senior Planner
Dana Ogdon, Senior Planner
Randy Westrick, Recreation Supervisor
Robert Ruhl, Field Services Manager
Valerie Crabill, Chief Deputy City Clerk
Christi Carpenter, Recreation Coordinator
Approximately 40 in the audience
PRESENTATIONS
HALLOWEEN CARNIVAL
Christi Carpenter, Recreation Coordinator, invited the community
to participant in the Halloween Carnival on October 31, 1994.
TUSTIN TILLER DAYS PROCEEDS
Cherrill Cady, Tustin Tiller Days Committee representative,
presented a check from Tustin Tiller Days proceeds to Terry
Riggins, Tustin Community Foundation representative, in the amount
of $10,350.03.
Terry Riggins thanked the Tiller Days Committee and Council for
the check and stated the proceeds would be used by the Tustin
Community Foundation for community events and services.
""-'PUBLIC INPUT
i
PROPOSITION 187 - ILLEGAL ALIENS INITIATIVE
Jack Miller, 17352 Parker Drive, Tustin, spoke in opposition to
Proposition 187.
PROPOSITION 188 - NON-SMOKING INITIATIVE
Merrill Matchett, 14801 Newport Avenue #E, Tustin, requested the
Council adopt a resolution opposing Proposition 188.
Mayor Saltarelli responded that the Council had adopted an anti-
smoking ordinance.
City Council Minutes
Page 2, 10-17-94
RECESS TO CLOSED SESSION AT 7:13 P.M.
Mayor Saltarelli announced the City Council would convene in closed
session to confer with legal counsel regarding existing litigation
pursuant to Government Code Section 54956.9(a): Duane Leach and Allen
Meadows v. City of Tustin, W. Douglas Franks, and James Peery; Orange
County Superior Court Case No. 72-46-71.
RECONVENE - 7:32 P.M.
PUBLIC HEARING (ITEM 1)
1. APPEAL OF LICENSE AND PERMIT BOARD DECISION DENYING NIGHT AND DAY
A PRIVATE PATROL OPERATOR PERMIT
Mayor Saltarelli re -opened the public hearing at 7:35 p.m.
The following member of the audience submitted declarations from
Ray Flores, Pat Tocher, and Attorney Steven Cuevas; provided
background information on applicant Ray Flores; and spoke in favor
of issuing a Private Patrol Operator Permit to Night and Day
Security Patrol:
Michael Foster, applicant's attorney
Mayor Saltarelli stated he was angered with inaccurate statements
attributed to Candice Towing that the City of Tustin had assessed
additional vehicle impound fees; noted the City's conservative
views regarding private property impound problems; and he favored
implementing strict private property impound guidelines.
Council/speaker/applicant Ray Flores discussion followed regarding
private property impound procedures; towing fees;
referral/commission fees; property management's written permission
to tow vehicles from private property; Ray Flores Parking
Control's relationship with Candice Towing Service; Night and Day
Security's State license; illegal business practice performed by
Candice Towing in the City; and placing Night and Day Security on
a probationary period.
There were no other speakers on the subject and the public hearing
was closed at 7:50 p.m.
Mayor Pro Tem Potts stated he would support the License and Permit
Board decision to deny Night and Day Security Patrol a Private
Operator Permit and would consider Mr. Flores' re -applying after
a 6 month to one-year waiting period.
Mayor Saltarelli stated his concern regarding the License and
Permit Board denying the permit based on findings that Mr. Flores
was of "bad moral character"; "bad moral character" would be
difficult to defend based upon the submitted evidence; and he
supported granting the appeal.
Councilmember Thomas stated the term "bad moral character" was
nebulous, he agreed with granting the appeal and suggested that
the applicant be placed on a probationary period of one year.
Mayor Pro Tem Potts' motion to uphold the August 3, 1994 City of
Tustin License and Permit Board decision denying a private patrol
operator permit for Night and Day Security Patrol and the
applicant could re -apply for a license in six months died for lack
of a second.
Councilmember Doyle stated that because Mr. Flores had employed an
individual who had acted improperly should not prevent Mr. Flores
from starting a new business in Tustin. He noted that Mr. Flores
was currently conducting business in the City of Santa Ana and
that until the business was conducted in an inappropriate manner,
he would support granting the appeal.
It was moved by Thomas, seconded by Saltarelli, to grant Night and
Day Security a Private Patrol Operator Permit with the condition
of a one-year probationary period.
City Council Minutes
Page 3, 10-17-94
Mayor Pro Tem Potts stated that adequate evidence was presented to
indicate "wrong -doing" by Ray Flores Parking Control and that a
message should be sent that a business cannot operate in Tustin in
this manner; therefore, he would oppose granting an operator
permit to Night and Day Security.
Council discussion followed regarding placing the applicant on a
probationary period.
Councilmember Worley stated that she would oppose granting an
Operator Permit to Night and Day Security based upon the testimony
presented at the License and Permit Board Hearing that Ray Flores
Parking Control was an agent of Candice Towing.
Motion carried 3-2, Potts, Worley opposed.
120-90
CONSENT CALENDAR (ITEMS 2 THROUGH 11)
It was moved by Potts seconded by Worley, to approve the Consent
Calendar as recommended by staff. Motion carried 5-0.
2. APPROVAL OF MINUTES - OCTOBER 3, 1994 REGULAR MEETING
Recommendation: Approve the City Council Minutes of October 3,
1994.
3• APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,165,503.20
and ratify Payroll in the amount of $344,690.82. 380-10
4. EAST TUSTIN MAILBOX DESIGN POLICY 360-82
Recommendation: Approve East Tustin Mailbox Design Policy as
recommended by the Community Development Department. 150-40
ro.5. RESOLUTION NO. 94-118 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP 14168
Recommendation: Approve Final Tract Map 14168 by adopting
Resolution No. 94-118 as recommended by Community Development.
600-70
6. RESOLUTION NO. 94-116 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
WATER MAIN REPLACEMENT PROJECTS (CITY PROJECT NO. 600122) AND
AUTHORIZING ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 94-116 approving plans and
specifications and authorizing advertisement forbids for subject
project as recommended by the Public Works Department/Water
Division.
400-45
7. REJECTION OF ALL BIDS FOR ANNUAL SIDEWALK AND CURB AND GUTTER
PROJECT, 1994-95 FY, AND AUTHORIZATION TO RE -ADVERTISE FOR NEW
BIDS
Recommendation: Reject all bids received October 4, 1994, for
subject project, authorize the Public Works Department to re -
advertise subject project for bid, and release all bid bonds upon
rejection of all bids as recommended by the Public Works
Department/Engineering Division. 400-45
8. RESOLUTION NO. 94-119 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR MEDIAN ISLAND
AND CUT SLOPE LANDSCAPE AND IRRIGATION IMPROVEMENTS ON JAMBOREE
ROAD BETWEEN TUSTIN RANCH ROAD AND THE NORTHERLY CITY LIMITS
Recommendation: Adopt Resolution No. 94-119 accepting said work
and authorizing the recordation of Notice of Completion as
recommended by the Public Works Department/Engineering Division.
9. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF CASH DEPOSIT4FOR5
PARCEL MAP NO. 93-177
Recommendation: Authorize release of the following cash deposits:
Faithful Performance, $8,000.00; Labor and Materials, $4,000.00;
and Monumentation, $1,000.00 as recommended by the Public Works
Department/Engineering Division.
600-45
10. RESOLUTION N0. 94-117 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF IMPROVEMENT
City Council Minutes
Page 4, 10-17-94
PROJECT(S) TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR
FUNDING UNDER THE COMBINED TRANSPORTATION PROGRAM
Recommendation: Adopt Resolution No. 94-117 requesting the Orange
County Transportation Authority include the City of Tustin
projects in the five year 1995-2000 Combined Transportation
Funding Programs as recommended by the Public Works
Department/Engineering Division. 690-55
11. PLANNING COMMISSION ACTION AGENDA - OCTOBER 10, 1994
Recommendation: Ratify the Planning Commission Action Agenda of
October 11, 1994. 120-50
REGULAR BUSINESS (ITEMS 12 THROUGH 16)
14. SENIOR LITTLE LEAGUE AT THE TUSTIN SPORTS PARK (Agenda Order)
Mayor Saltarelli announced this item would be moved out of agenda
order.
Randy Westrick, Recreation Supervisor, reported that the Council
requested information regarding the feasibility of modifying one
of the softball fields at the Sports Park to accommodate Senior
Little League. He summarized the necessary modifications
including: enlargement of one field; Field No. 2 was best suited
for the change; redesign and re -grading the brick dust area for
proper drainage away from the pitchers mound; re -grading the
outfield; irrigation system modifications; increased lighting
levels; erecting a screened barrier to prevent balls traveling
beyond the field boundaries; and increased liability to the City.
Mayor Pro Tem Potts stated the importance of targeting at -risk
youth and providing additional recreational facilities for them.
He noted a recent visit to a park in Garden Grove and the well -
attended variety of youth sports programs offered. He stated that
Tustin was the only city in Orange County without Little League
facilities and with appropriate study, community input, and open
bidding, the modifications could be achieved at a reasonable cost.
The following member of the audience spoke in favor of Senior
Little League at the Tustin Sports Park:
Kris Proctor, 13382 Del Cerro Drive, Tustin
Council/staff discussion followed regarding the project budget;
and appropriating funds from the Park Development Fund.
Councilmember Thomas requested staff research available funding
options; questioned why a hardball field was not included in the
original design; noted the addition of the jogging track; and
pointed out the added project costs and delay of construction due
to change orders.
Christine Shingleton, Assistant City Manager, stated that the
Sports Park design recommendations were achieved through extensive
community input and approved by the Parks and Recreation
Commission. She noted that the largest modification cost was
providing tournament lights; immediate action was required to
prevent construction delay costs; and the necessity of a parameter
field screen barrier.
William Huston, City Manager, explained that if the modifications
were not handled as change orders, they would require being put
out to bid which would cause a time delay and the possibility of
increased costs. He stated that the design process began
approximately three years ago and at that time, school fields were
available for league play; however, the fields were now
unavailable creating interest in modifying the Sports Park to
accommodate Little League.
Mayor Saltarelli said the modifications would enhance the Sports
Park; tournaments could provide portable lights; and landscaping
could be planted to conceal the barrier screen.
City Council Minutes
Page 5, 10-17-94
Councilmember Worley noted the screen barrier would also benefit
softball players; questioned whether Field No. 3 could be modified
to accommodate Little League play; and stated she was in favor of
approving the change order.'
Councilmember Thomas stated that the City's goal was to build
more parks and he noted the pending completion of the Sports Park
and Columbus Tustin Gymnasium as well as the anticipated
construction of the new nature park in North Tustin.
Council/staff discussion followed regarding appropriating
available Park Development funds for the Sports Park
modifications; and presenting a staff report analyzing hardball
modifications for Fields No. 1 and 3.
Mayor Pro Tem Potts stated approving the modifications immediately
and presenting a staff report regarding funding options in two
weeks would allow essential community and Parks and Recreation
Commission input.
Council/staff discussion followed regarding designating one or two
Parks and Recreation Commissioners to meet with staff and the
community on the modifications.
Council concurred to approve modifying the Tustin Sports Park to
accommodate Senior Little League. 930-30
The following member of the audience spoke regarding background of
Senior Little League; modifying an additional field; and in
support of Senior Little League play at the Tustin Sports Park:
Kris..Wells, 1062 Dorsetshire Lane, Santa Ana
-,...,RECESS at 8:35 p.m. - RECONVENE at 8:45 p.m.
112. ORDINANCE NO. 1139, CHANGING GENERAL MUNICIPAL ELECTION DATES
It was moved by Thomas seconded by Worley, that Ordinance No.
1139 have second reading by title only. Motion carried 4-1, Doyle
opposed.
Following second reading by title only of Ordinance No. 1139 by
the Chief Deputy City Clerk, it was moved by Thomas seconded by
Saltarelli, to adopt the following Ordinance No. 1139:
ORDINANCE NO. 1139 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, REPEALING ORDINANCE NOS. 1032 AND 1048 AND
REQUIRING THAT BEGINNING IN 1996, THE GENERAL MUNICIPAL ELECTION
BE HELD IN MARCH, ON THE SAME DAY AS THE STATEWIDE DIRECT PRIMARY
ELECTION, AND PROVIDING THAT IF THE STATE LEGISLATURE FAILS TO
PROVIDE AUTHORIZATION FOR A STATEWIDE DIRECT PRIMARY IN MARCH OF
1998, THE CITY'S GENERAL MUNICIPAL ELECTION, BEGINNING IN 1998,
SHALL BE HELD ON THE SECOND TUESDAY IN APRIL OF EVEN -NUMBERED
YEARS
Motion carried 4-1, Doyle opposed (roll call vote). 450-50
13. MODIFICATIONS TO EASTERN TRANSPORTATION CORRIDOR APPROVAL
RESOLUTION AND FUNDING OF THE JAMBOREE ROAD/EDINGER AVENUE
INTERCHANGE (WEST LEG TRANSITION AREA)
Dana Kasdan, Engineering Services Manager, reported that Eastern
Transportation Corridor Resolution No. 92F-09 specified that prior
to completion of the final design for the Eastern Transportation
Corridor (ETC), the Transportation Corridor Agencies (TCA) shall
enter into a Memorandum of Understanding defining the TCA as the
lead agency and the roles of the Cities of Irvine and Tustin as
cooperating agencies in the environmental process; and identifying
the fair -share funding between the TCA, City of Irvine and City of
Tustin regarding construction of improvements to Jamboree Road and
Edinger Avenue. He outlined a TCA summary identifying 66 2/3
percent as the funding share of the Cities of Irvine and Tustin
for the Jamboree Road/Edinger Avenue interchange; the TCA
indicated they would fund the entire Jamboree Road/Edinger Avenue
City Council Minutes
Page 6, 10-17-94
interchange provided both cities entered into a formal agreement
for repayment of the interchange fair share costs; and the
financial obligations by Irvine and Tustin would require security
or collateral such as future gas tax allocations. TCA staff was
now recommending that their resolution be modified in the event
such an agreement between the three parties was not reached, the
TCA could open the full Eastern Transportation Corridor prior to
construction of the interchange at Jamboree Road and Edinger
Avenue. City staff opposed modification of the resolution because
opening the Eastern Transportation Corridor without completion of
the Jamboree/Edinger interchange was not in the best interest of
the City.
Mayor Pro Tem Potts stated that as the City's TCA representative,
he voiced opposition to the resolution modifications at a recent
TCA meeting. He explained that at completion, the ETC would
terminate onto Jamboree Road creating additional traffic and
stressed the importance of alleviating the traffic by constructing
an overcrossing at Edinger Avenue. He indicted that the County of
Orange would be building approximately 10,000 new homes along
Jamboree Road and Culver Drive and they should also be required to
pay a fair -share to fund this project. He stated his opposition
to modifying ETC Resolution No. 92F-09.
Councilmember Thomas stated he opposed the modifications to ETC
Resolution No. 92F-09; disliked the requirement of a
collateralized loan because the City had an "A" bond rating;
reiterated the importance of building the overcrossing at Edinger
Avenue; and favored contacting TCA members to create majority
support on this issue.
William Huston, City Manager, stated that the TCA had to develop
financing packages that were best for them and that the
transportation corridors had been difficult to fund; however, it
was offensive to require the City to pledge collateral. He said
staff would investigate alternative funding options.
Council/staff discussion followed regarding investigating
alternate project financing.
It was moved by Doyle, seconded by Thomas, to oppose the proposed
modifications to Eastern Transportation Corridor Resolution 92F-
09, paragraph 2b, concerning the possibility of opening of the
Corridor prior to construction of the Jamboree Road/Edinger Avenue
interchange, and approve in concept the development of a long-term
contractual funding agreement with the Transportation Corridor
Agencies for repayment of fair -share interchange costs.
Motion carried 5-0. 750-10
15. ORDINANCE NO. 1136, SOLICITATION IN PUBLIC RIGHT-OF-WAY
It was moved by Potts, seconded by Thomas, that Ordinance No. 1136
have first reading by title only.. Motion carried 5-0.
Following first reading by title only of Ordinance No. 1136 by the
Chief Deputy City Clerk, it was moved by Potts,.,.seconded by
Thomas, that the following Ordinance No. 1136 be introduced:
ORDINANCE NO. 1136 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, RELATING TO SOLICITATION IN THE PUBLIC
RIGHT-OF-WAY AND PRIVATE COMMERCIAL PARKING AREAS
390-35
Motion carried 5-0.
16. TUSTIN SPORTS PARK CONCESSION REQUEST FOR PROPOSAL
It was moved by Potts, seconded by Worley, to approve the Request
for Proposals for a Food Concession and/or Tennis Concession at
the Tustin Sports Park.
930-30
Motion carried 5-0.
PUBLIC INPUT - None
City Council Minutes
Page 7, 10-17-94
OTHER BUSINESS
TUSTIN TILLER DAYS
Councilmembers Doyle, Worley, and Mayor Saltarelli commended staff
and volunteers on a successful event.
Mayor Pro Tem Potts requested proclamations for the Tiller Days
�...,
Committee.
ROLLER HOCKEY
Mayor Pro Tem Potts expressed disappointment that roller hockey
was removed from the Tustin Unified School District agenda and
stated he would contact the School Board in an effort to move
forward with the project.
POLITICAL SIGN POLICY
Mayor Pro Tem Potts requested a review of the City's political
sign policy.
William Huston, City Manager, explained that the City enforced
removal of political signs placed in certain areas and staff would
contact the Tustin Unified School District to notify School
District candidates regarding legal placement of their signs.
TUSTIN FOURTH BEST CITY IN CALIFORNIA FOR BUSINESS
Councilmember Worley noted the City was ranked fourth "Best City"
in California to do business with by California Business Magazine.
Councilmember Thomas noted the Economic Development Council's
pleasure at receiving this award.
VARIANCE/PERMIT FEES - THE IRVINE COMPANY
Councilmember Thomas questioned if The Irvine Company received
exemptions from variance and permit fees.
Christine Shingleton, Assistant City Manager, responded The Irvine
Company was not exempt from fees.
UTILIZING WATER BILLINGS TO COMMUNICATE CITY EVENTS/ACTIVITIES
Councilmember Thomas suggested utilizing water billings to inform
residents of major events or occurrences in the City.
PINETREE PARK PARKING
Councilmember Thomas noted potential parking problems that may
occur at Pinetree Park due to the widening of Red Hill Avenue and
suggested the subject be reviewed by the Parks and Recreation
Commission.
PUBLIC FACILITY LIGHTING CHARGES
Councilmember Thomas requested the policy on charging for lighting
at public facilities be reviewed for equality throughout the City.
TIM SERLET, DIRECTOR OF PUBLIC WORKS
Mayor Saltarelli welcomed Tim Serlet, the City's new Public Works
Director.
CLOSED SESSION
Mayor Saltarelli announced the City Council would convene in closed
session to confer with legal counsel pursuant to Government Code Section
54956.9(b) to consider a written communication from an attorney for
Michael Ryerson that threatens litigation against the City.
City Council Minutes
Page 8, 10-17-94
ADJOURNMENT
Mayor Saltarelli adjourned es scheduled for Monday,meeting at 9:15 n•November 7 The next 1994regu1at
ar
meeting of the City Council was
7:00 p.m. in the Council Chambers at 300 Centennial Way.
FOLLOWING CLOSED SESSION
It was moved and seconded to deny the Michael Ryerson claim.
Motion carried 4-1, Potts opposed.
THOMAS R. SA3gARELLI, MAYOR
( ��L��c�
MARY E. WYNN, CITY CLERK