HomeMy WebLinkAboutCC MINUTES 1994 07 18MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
JULY 18, 1994
CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Saltarelli at 7:07 p.m. at the
Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of
Allegiance was led by Councilmember Doyle. The Invocation was given by
Councilmember Worley.
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: Mary E. Wynn
Others Present: 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
Valerie Whiteman, Chief Deputy City Clerk
Rita Westfield, Ass. Dir./Community Development
Dana Kasdan, Engineering Services Manager
Rick Zimmer, Redevelopment Program Manager
Gary Veeh, Water Operations Manager
Dan Fox, Senior Planner
Dana Ogdon, Senior Planner
Bettie Correa, Senior Personnel Analyst
Gary Magill, Recreation Supervisor
Doug Anderson, Transportation Engineer
Scott Reekstin, Assistant Planner
Irma Hernandez, Administrative Assistant
Approximately 100 in the audience
PRESENTATION
Fabie Combs, Orange County Vector Control representative, reported
her attendance at a conference regarding the Africanized Honey
Bee. She related the following: Africanized Honey Bee information
was distributed to the Tustin Unified District; current location
of the bees; background of the Africanized Honey Bee;
characteristics and appearance of the bee; areas the bees build
their hives; sting removal techniques; and safeguards against bee
stings.
PROCLAMATIONS
WOMAN OF THE YEAR AND MAN OF THE YEAR
Mayor Saltarelli read and presented proclamations honoring Angie
Kardashian as the 1993 Woman of the Year and Vic Gorham as the
1993 Man of the Year.
.�.,, Vic Gorham thanked the Council for the proclamation.
Angie Kardashian pledged her continued support to the City and
thanked the Council for the proclamation.
ANNOUNCEMENT
Mayor Saltarelli announced the Taste of Tustin event would be held
July 29-31, 1994, at the Tustin Market Place and encouraged
everyone to attend.
PUBLIC INPUT
CONDUCT OF COUNCIL MEETINGS
Helen Edgar, 13622 Loretta Drive, Tustin, expressed displeasure
CITY COUNCIL MINUTES
Page 2, 7-18-94
with the conduct of Council including placement of initiatives on
the November ballot; possible replacement of Planning
Commissioners Weil and Baker; and the general conduct of the
Council meetings.
NEIGHBORHOOD PARK - PIONEER ROAD
Karen and Jon Daurio, 11075 Means, Tustin, spoke in favor of a
neighborhood park on Pioneer Road and requested Council agendize
the subject at a future meeting.
MAYOR PRO TEM POTTS' REMARKS
Leslie Pontious, 1881 Mitchell #51, Tustin, spoke in opposition to
Mayor Pro Tem Potts' remarks at the July 5, 1994 Council meeting,
"I have fought more crime on this City Council than in the streets
of Irvine."
COUNCIL CONCERNS/COMMISSIONERS WEIL AND BARER/OPPOSED REMOVAL OF
COUNCILMEMBERS FROM CITY COMMITTEES
Erin Nielsen, 14462 Oxford, Tustin, stated that Council should
concern themselves with important issues such as crime, gangs, and
graffiti; expressed support for Commissioners Weil and Baker; and
opposed removal of Councilmembers from City committees.
BALLOON FESTIVAL
The following members of the audience spoke in opposition to the
proposed balloon festival:
Karen Daurio, 11075 Means, Tustin
John Daurio, 11075 Means, Tustin
Jerry Kress, 10921 Gray Place, Tustin
Pam Manazer, 10930 Gray Place, Tustin (submitted a petition
opposing the balloon festival)
Scott Komorous, 10875 Kimball Place, Tustin
William Huston, City Manager, stated that staff would contact the
event promoter for further information and present a report
addressing residents' concerns at the August 1, 1994 Council
meeting.
LIBRARY HOURS
Maralys Wills, 1811 Beverly Glen Drive, Santa Ana, spoke in
support of extended library hours and requested Council agendize
this item.
DIRECTIONAL SIGNS/LANDSCAPING PLANTER REPLACEMENT - OLD TOWN
Phil Cox, 401 El Camino Real, Tustin, suggested directional signs
to Old Town and requested replacement of landscaping in Old Town
planters.
William Huston, City Manager, responded that staff would be
recommending replacement of the existing contract landscaping firm
at a future Council meeting.
Staff/speaker discussion
improvement timetable.
COUNCIL MEETING PUBLIC INPUT
followed regarding landscaping
Madeline Arakelian, Laguna Hills, spoke regarding the rights of
non-residents to speak at Council meetings.
Mayor Saltarelli stated that the public was welcome to speak at
Council meetings regardless of whether they resided in the City or
not.
CITY COUNCIL MINUTES
Page 3, 7-18-94
24. FEE WAIVER - DINOSAUR DASH (Agenda Order)
Mayor Saltarelli requested this item be taken out of Agenda Order.
Gary Magill, Recreation Supervisor, reported the Tustin Public
Schools Foundation would be holding the Fourth Annual Dinosaur
Dash on November 13, 1994, at the Tustin Market Place. He stated
the Foundation was requesting waiver of all fees including Police
and Public Works staff, permits, inspections, and use of City
equipment totalling approximately $2,500.00.
The following member of the audience spoke in favor of waiving all
fees for the Dinosaur Dash:
Ben deMayo, Tustin Public Schools Foundation representative
It was moved by Potts, seconded by Thomas, to waive fees for
Police and Public Works staff, permits, inspections, and use of
City equipment for the Dinosaur Dash.
Motion carried 5-0. 390-55
PUBLIC HEARING ( ITEMS 1 THROUGH 3 )
1. ZONE CHANGE 94-002 (GLENN G. RILEY)
Scott Reekstin, Assistant Planner, reported that the applicant was
requesting to change the current zoning designation for the site
located on the westerly side of Red Hill Avenue between Lance
Drive and San Juan Street from R-4 (Suburban Residential District)
to R-3 (Multiple Family Residential District). He stated the
proposed Zone Change would result in an increase in the allowable
density of development on the subject property from fourteen
dwelling units per acre to twenty four units per acre and due to
the size of the project site, this change would result in the
potential for two additional dwelling units than could be
accommodated under the existing R-4 zoning, with a maximum
potential for five dwelling units. He summarized the Planning
Commission's recommendation of denial of the proposed Zone Change
as: "spot zoning"; was incompatible with land use densities in
the vicinity; would allow development 66 percent more dense,
greater building mass, and less landscape open space than allowed
under R-4 zoning; would create a zoning district boundary at an
illogical location; and was inconsistent with the General Plan.
Council/staff discussion followed regarding Zoning Code
designations.
Mayor Saltarelli opened the Public Hearing at 8:30 p.m.
The following member of the audience spoke in favor of Zone Change
94-002:
Glenn Riley, 1432 S.E. Skyline Drive, Santa Ana
Council/staff/speaker discussion followed regarding that
architectural design issues were not pertinent to the Zone Change;
number of units built on adjacent parcels; property zoning
-+ history; and applicant's desire to build three additional units on
the subject site.
The following member of the audience spoke in opposition to Zone
Change 94-002:
Donna Karlen, 1101 St. Regis Place, Santa Ana
There were no other speakers on the subject and the Public Hearing
was closed at 8:50 p.m.
RECESS - At 8:50 p.m. the meeting was recessed and reconvened at 9:00 p.m.
Councilmember Thomas questioned whether a compromise could be
reached in order to achieve lower density and conformity.
CITY COUNCIL MINUTES
Page 4, 7-18-94
Christine Shingleton, Assistant City Manager, stated a potential
compromise was to develop an R-3 acronym capping at four units per
lot.
Mayor Saltarelli supported a maximum of four units on the subject
site creating density similar to the adjoining parcels.
Councilmember Worley stated she supported the Planning
Commission's recommendation of Zone Change denial because of the
existing crowded area, and the proposed Zone Change could increase ~l
density 66 percent.
Councilmember Doyle stated he would abstain from discussion and
voting on this item.
Christine Shingleton, Assistant City Manager, suggested continuing
this item to allow staff to modify the acronym to an R-3
designation.
It was moved by Thomas, seconded by Saltarelli, to continue this
item.
Mayor Saltarelli stated the R-3 acronym designation change would
allow the applicant to build a maximum of four units and improve
the neighborhood's appearance.
Mayor Pro Tem Potts stated he was opposed to building three more
units because of the existing overcrowding in the area; spot
zoning; and supported construction of two additional units only.
Mayor Saltarelli said that one project should not be singled out
because of the existing density in the City. He said that
continuing this item would allow the applicant to meet with staff
to achieve a compromise; and supported allowing the three
additional units on the subject site.
Motion died 2-2, Potts, Worley opposed; Doyle abstained.
It was moved by Potts, seconded by Worley, to adopt Resolution No.
94-87 denying Zone Change 94-002.
Motion died 2-2,,Saltarelli, Thomas opposed; Doyle abstained.
610-60
Lois Jeffery, Interim City Attorney, stated adoption of Resolution
No. 94-87 required three affirmative votes. Because the motion
died, the Planning Commission's recommendation would automatically
be upheld.
The following Resolution No. 94-87 denying Zone Change 94-002 was
adopted:
RESOLUTION NO. 94-87 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DENYING ZONE CHANGE 94-002, A REQUEST
TO CHANGE THE DESIGNATION OF THE PROPERTY LOCATED AT 13641 RED
HILL AVENUE FROM R-4 (SUBURBAN RESIDENTIAL DISTRICT) TO R-3
(MULTIPLE FAMILY RESIDENTIAL DISTRICT)
2. RESOLUTION NO. 94-86, PLACING ASSESSMENT FOR SOLID WASTE
COLLECTION ON THE 1994-95 TAX ROLL
Ronald Nault, Director of Finance, reported that disposal charges
included material recovery facility processing costs and disposal
at the landfill. He stated that Great Western Reclamation
requested an adjustment in the solid waste collection fees for
1994-95 as permitted by the franchise agreement. The calculated
formula produced an adjustment of 4.7 percent, or approximately 50
cents per month per unit. He explained that the residential rates
were $9.30 and the proposed rate would be $11.11 per month, an
increase of $1.81 per month. The increase included a Council
decision to reduce the 1993-94 rate by applying a $1.31 per month
credit, a result of a prior year adjustment for actual tonnage
collected. He said that the proposed rates were within the median
and the average in the County of Orange.
CITY COUNCIL MINUTES
Page 5, 7-18-94
Council/staff discussion followed regarding components in the
franchise agreement which determined the rate increase.
It was moved by Thomas seconded by Worley, to continue this item
to the August 1, 1994 Council meeting for the required second
Public Hearing.
Motion carried 4-1, Potts opposed. 400-10
830-50
Mayor Saltarelli opened the Public Hearing at 9:15 p.m.
The following members of the audience spoke in opposition to the
rate increase:
Dolores Otting, 5 Star Rubbish Service
Madeline Arakelian, Laguna Hills
There were no other speakers on the subject and the Public Hearing
was closed at 9:20 p.m.
Mayor Pro Tem Potts stated he was opposed to a rate increase
unless it was determined by an increase in gasoline, labor,
hauling and gate fees.
William Huston, City Manager, stated that this Public Hearing and
the second Public Hearing to be held at the August 1, 1994 Council
meeting, were required by State law due to the proposed increase
in residential rates and for placement on the tax roll. He
clarified that the franchise agreement between Great Western
Reclamation and the City contained a formula determining
residential and commercial rates.
Ronald Nault, Director of Finance, explained that the percentage
increase applied to residential rates determined the increase in
commercial rates. He stated that the Bureau of Labor Statistics
verified the computation of the proposed trash collection rates.
Mayor Pro Tem Potts stated he was opposed to the rate increase
because the existing commercial rates were already extremely high.
Ronald Nault, Director of Finance, stated staff would submit a
commercial bin rate survey at the August 1, 1994 Council meeting.
Council/staff discussion followed regarding clarification of fees
on the tax roll; and the increased cost to the consumer to use a
direct billing system.
3. APPEAL OF CONDITIONAL USE PERMIT 93-038 (ALLSTAR LUBE & TUNE)
Christine Shingleton, Assistant City Manager, reported that at the
July 5, 1994 meeting, Council continued this item so staff could
examine issues related to the right-of-way dedication condition of
Conditional Use Permit 93-038. She stated upon review, staff
determined the dedication requirements were justified; however, in
order to reach an agreement with the applicant, staff recommended
modifying Condition 6.4, not requiring dedication of right-of-way
along Red Hill Avenue. She noted the public improvement and
actual acquisition costs to E1 Camino Real and Red Hill Avenue;
-•, potential traffic impacts regarding the proposed placement of the
driveway on E1 Camino Real; right-of-way dedication on E1 Camino
Real would partially mitigate traffic impacts; and the applicant's
cost for right-of-way and improvements.
Council/staff discussion followed regarding the necessity of
widening El Camino Real; and future acquisition of the Red Hill
Avenue right-of-way.
Mayor Saltarelli opened the Public Hearing at 9:30 p.m.
The following members of the audience spoke in favor of the Appeal
of Conditional Use Permit 93-038:
Steve Crooke, attorney for property owner
Ed Pankey, property owner
CITY COUNCIL MINUTES
Page 6, 7-18-94
Al Wearingen, applicant
Council/staff/speakers discussion followed regarding the property
owner receiving fair compensation for right-of-way acquisition;
traffic impacts; and Environmental Evaluation.
There were no other speakers on the subject and the Public Hearing
was closed at 10:00 p.m.
Mayor Saltarelli stated this matter involved landowner and
taxpayer money; the Environmental Study indicated traffic impacts;
he supported the City's proposed compromise not requiring
dedication of Red Hill Avenue frontage; and stated he would
support staff's recommendation.
Councilmember Thomas said that the City had offered a fair
compromise to the property owner; however, it was evident that the
owner was not satisfied with the offer. He stated he supported
staff's recommendation.
Councilmember Worley stated that the City's proposed public
improvements to Red Hill Avenue and E1 Camino Real as well as not
requiring dedication of Red Hill Avenue were fair offers;
therefore, she also supported staff recommendation.
Council/speaker (Pankey) discussion followed regarding the
compensation offered by the City for dedication requirements.
Mayor Pro Tem Potts stated he was opposed to acquiring property
without offering fair compensation and believed there were still
too many grey areas in the proposed compromise.
Councilmember Doyle stated he also was opposed to taking property
without fair compensation. He noted that Mr. Pankey was trying to
make improvements to the City and he was being penalized for
attempting to develop a good project.
Mayor Saltarelli stated that although Mr. Pankey had contributed
to the betterment of Tustin, Council was responsible for
considering the taxpayer. He said he supported landowner
compensation but not at the expense of the taxpayers.
It was moved by Thomas, seconded by Worley, to recertify the Final
Negative Declaration, as modified, as adequate for the project by
adopting the following Resolution No. 94-81:
RESOLUTION NO. 94-81 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, RECERTIFYING THE FINAL NEGATIVE
DECLARATION, AS MODIFIED, AS ADEQUATE FOR CONDITIONAL USE PERMIT
93-038 AND DESIGN REVIEW 93-040 INCLUDING REQUIRED FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion carried 3-2, Potts, Doyle opposed.
It was moved by Thomas, seconded by Worley, to uphold the Planning
Commission's action related to Condition No. 6.1 and modify its
action regarding Condition No. 6.4 of Conditional Use Permit 93-
038 by adopting the following Resolution No. 94-82, subject to the
conditions contained in Exhibit A:
RESOLUTION NO. 94-82 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S
ACTION RELATED TO CONDITION NO. 6.1 AND MODIFYING ITS ACTION
REGARDING CONDITION NO. 6.4 OF CONDITIONAL USE PERMIT 93-038, A
REQUEST TO ESTABLISH AND OPERATE AN AUTO SERVICE FACILITY WITHIN
THE CENTRAL COMMERCIAL (C-2) DISTRICT AND DESIGN REVIEW 93-040 FOR
AN APPROXIMATELY 4,900 SQUARE FOOT AUTO SERVICE FACILITY LOCATED
AT 13922 RED HILL AVENUE
Motion carried 3-2, Potts, Doyle opposed.
CONSENT CALENDAR (ITEM 4 THROUGH 12)
610-40
It was moved by Potts, seconded by Worley, to approve the Consent Calendar
CITY COUNCIL MINUTES
Page 7, 7-18-94
as recommended by staff. Motion carried 5-0.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $989,329.62 and
ratify Payroll in the amount of $307,160.06. 380-10
360-82
S. APPROVAL OF MINUTES - JULY 5, 1994 REGULAR MEETING
Recommendation: Approve the City Council Minutes of July 5, 1994.
6. REJECTION OF CLAIM NO. 94-25 - CLAIMANT, R.D. EISZELE; DATE OF
LOSS, 4/20/94; DATE FILED WITH CITY, 5/11/94
Recommendation: Reject subject claim for property damage in the
amount of $771.51 as recommended by the City Attorney. 180-10
7. INVEESTMENT SCHEDULE AS OF MAY 311 1994
Recommendation: Receive and file subject report as recommended by
the Finance Department. 355-50
8. RESOLUTION NO. 94-79 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN
Recommendation: Adopt Resolution No. 94-79 amending the
Classification Plan to include the non -sworn, non -management
position of Lead Communications Officer; and approve compensation
of Lead Communications Officer as follows: Step A, $2851; Step B,
$2994; Step C, $3143; Step D, $3300; and Step E, $3465 as
recommended by Personnel Services. 510-25
9. PLANNING COMMISSION ACTION AGENDA - JULY 11, 1994
All 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 11, 1994. 120-50
...x.,10. TUSTIN SPORTS PARK, MULTI -USE TRACK
Recommendation: Direct staff to negotiate a change order on the
Sports Park project for construction of a multi -use path for
jogging and rollerskating as recommended by the Community
Development Department. 930-30
11. RESOLUTION NO. 94-84 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR
INSTALLATION OF TRAFFIC SIGNALS AND INTERCONNECT AT MCFADDEN
AVENUE AND WALNUT AVENUE
Recommendation: Adopt Resolution No. 94-84 accepting said work
and authorizing the recordation of the Notice of Completion as
recommended by the Public Works Department/Engineering Division.
400-45
12. AWARD OF CONTRACT FOR CONSTRUCTION OF VANDENBERG WELL WELLHEAD
FACILITIES
Recommendation: Award the contract for subject project to P.R.
Burke Corporation, Tustin, in the amount of $565,193.00 as
recommended by the Public Works Department/Water Division.
400-45
REGULAR BUSINESS (ITEMS 13 THROUGH 26)
13. ROLLER HOCKEY STUDY PROGRESS REPORT
Christine Shingleton, Assistant City Manager, reported that at the
July 5, 1994 meeting, Council instructed staff to explore
alternate locations for a skating rink at Columbus Tustin Park.
She stated that a preliminary review indicated inadequate room on
the City -owned portion of the park site for a roller hockey rink;
however, staff would present alternate concepts at the August 1,
1994 Council meeting. In addition, she said that staff was
collecting concession agreements from other cities, reviewing the
current joint use agreements with the school district for existing
facilities on the site, gathering property line survey data, and
researching as -built plans for the tennis court area.
The following members of the audience spoke in favor of locating
a roller hockey site in Tustin:
Rennie Clark, Tustin In -Line Skate and Hockey
CITY COUNCIL MINUTES
Page 8, 7-18-94
Alex Reddin
Christine Shingleton, Assistant City Manager, stated that staff
had experienced difficulty receiving property delineation
information for Columbus Tustin Park. She said a site plan could
not be developed until the delineation was clearly identified
between the City and the school district.
William Huston, City Manager, stated that at Council direction,
staff investigated utilizing Columbus Tustin Park. He explained
that two issues would affect the feasibility of using Columbus
Tustin Park: the City and school district had a joint use
agreement for facilities; and the Columbus Tustin tennis courts
were the only courts in the northwest portion of the community and
the possible impact of removing the tennis courts must be
examined. He noted one of the baseball fields was another
possible site. He said that staff required additional time to
investigate all possible alternatives and present them to Council.
Council/staff/speaker (Clark) discussion followed regarding
concession agreement information; terms of the joint use
agreement; preliminary concept plan of a roller hockey facility;
condition of tennis courts; involving the school district in this
matter; and a baseball field could contain two roller hockey
rinks.
It was moved by Thomas, seconded by Worley, to receive and file
subject report.
Motion carried 5-0. 1020-35
14. ORDINANCE NO. 1130, BIDDING OF SOLID WASTE COLLECTION CONTRACT
It was moved by Thomas, seconded by Potts, that Ordinance No. 1130
have second reading by title only. Motion carried 5-0.
Following second reading by title only of Ordinance No. 1130 by
the City Clerk, it was moved by Potts, seconded by Thomas, to
adopt the following Ordinance No. 1130:
ORDINANCE NO. 1130 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, REQUIRING THAT CITY CONTRACTS FOR THE
COLLECTION AND DISPOSAL OF SOLID WASTE AND THE COLLECTION OF
RECYCLABLE MATERIAL BE SUBJECT TO COMPETITIVE BID
Motion carried 5-0 (roll call vote).
400-10
15. ORDINANCE NO. 1131, PERMIT PARKING ON ROSALIE PLACE AND QUENT
DRIVE
It was moved by Potts, seconded by Thomas, that Ordinance No. 1131
have second reading by title only. Motion carried 5-0.
Following second reading by title only of Ordinance No. 1131 by
the City Clerk, it was moved by Potts, seconded by Thomas, to
adopt the following Ordinance No. 1131:
ORDINANCE NO. 1131 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 5331n TO _
DESIGNATE ROSALIE PLACE AND QUENT DRIVE FOR PARKING BY PERMIT ONLY
Motion carried 5-0 (roll call vote).
16. ORDINANCE NO. 1132, THREE -TERM LIMIT
770-15
It was moved by Thomas, seconded by Worley, that Ordinance No.
1132 have second reading by title only. Motion carried 4-1, Potts
opposed.
Following second reading by title only of Ordinance No. 1132 by
the City Clerk, it was moved by Thomas, seconded by Worley, to
adopt the following Ordinance No. 1132:
ORDINANCE NO. 1132 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
CITY COUNCIL MINUTES
Page 9, 7-18-94
OF TUSTIN, CALIFORNIA, LIMITING CONSECUTIVE TERMS OF MEMBERS OF
THE CITY COUNCIL
Motion carried 3-2, Potts, Doyle opposed (roll call vote). 420-05
17. ORDINANCE NO. 1133, PUBLIC NUDITY
It was moved by Potts, seconded by Worley, that Ordinance No. 1133
have second reading by title only. Motion carried 5-0.
Following second reading by title only of Ordinance No. 1133 by
the City Clerk, it was moved by Potts seconded by Thomas, to
adopt the following Ordinance No. 1133:
ORDINANCE NO. 1133 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, RELATING TO PUBLIC NUDITY
Motion carried 5-0 (roll call vote).
18. REVISED SMOKING ORDINANCE
270-35
Lois Jeffrey, Interim City Attorney, reported that the revised
smoking ordinance proposed by Councilmember Worley would prohibit
smoking in any City -owned, operated or leased facility. It added
retail sales and retail service establishments to the places where
owners and operators of such establishments must designate non-
smoking areas. She said that no substantive changes were made to
the existing provision regarding restaurants.
Council/staff discussion followed regarding November ballot
smoking initiative and AB 13.
The following members of the audience spoke in favor of a stronger
smoking ordinance:
Jack Miller, 17352 Parker Drive, Tustin
Theresa Mangan, Orange County Tobacco Use Prevention Coalition
representative
Councilmember Thomas noted the ordinance contained vague language
regarding restaurants designating adequate seating capacity for
non-smoking sections. He said that he preferred elimination of
restaurants from the ordinance; and suggested delaying action on
this item until Governor Wilson acted upon AB 13.
Councilmember Worley stated that the proposed ordinance was a
public health issue and not designed to be business friendly. She
stated she preferred an ordinance that was more restrictive; and
noted other cities that had enacted 100 percent smoke-free work
places, including restaurants. She said she supported this
ordinance because it gave non-smokers more smoke-free areas.
The following member of the audience spoke in favor of adopting
the revised smoking ordinance; 100 percent non-smoking in all
public places, retail sales, services and eating establishments;
and banning cigarette vending machines:
Pamela Kroll, 1731 Amherst Road, Tustin
ro"*
The following members of the audience spoke in opposition to
adopting the revised smoking ordinance:
Ken Royal, Tustin
John Kelly, Tustin
Charlie Mack, 13202 Wickshire, Tustin
Alex Carrassi
Councilmember Worley stated that rules and regulations were
enacted in society to protect life and provide safety, and she
stressed the fact that second-hand smoke was a human carcinogen
and a known killer.
Mayor Saltarelli stated that he supported restricting smoking in
public places; however, since people had the choice of patronizing
CITY COUNCIL MINUTES
Page 10, 1-18-94
restaurants, he did not support restricting smoking in
restaurants.
It was moved by Worley, seconded by Potts, that the following
Ordinance No. 1134 be introduced:
ORDINANCE NO. 1134 - 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
Councilmember Doyle stated his opposition to the proposed
ordinance and said that as a restaurant owner, some days his
restaurant was smoke-free. He noted that he could be cited for
not having enough smoking areas, or having too much and he
believed this was a lose -lose situation.
Councilmember Thomas reiterated his position to delay action until
after the November election.
Mayor Pro Tem Potts stated that he believed this ordinance was not
too restrictive and offered guidelines for the City to use. He
said he also supported banning all cigarette vending machines.
Motion carried 3-2, Doyle, Thomas opposed. 240-70
19. REJECTION OF CLAIM NO. 94-26, KIM MORGAN
It was moved by Potts, seconded by Worley, to reject 'subject claim
for property damages in the amount of $400.00.
Motion carried 5-0. 180-10
20. REPLACEMENT OF PLANNING COMMISSIONER BAKER
Mayor Pro Tem Potts stated that the Planning Commission had voted
to limit their terms to three terms and that because Commissioner
Baker had served for nine years, it was time new people serve on
the Planning Commission.
The following member of the audience spoke in opposition to
replacement of Planning Commissioner Baker.; her past service on
the Planning Commission; serving as campaign manager for
Councilmember Puckett in 1990; serving as a volunteer on
Councilmember Puckett's 1994 re-election campaign; stated that in
1993 Mayor Potts ordered her not to support Councilmember
Puckett's re-election campaign because of her position on the
Planning Commission; summarized Ordinance No. 874; stated her
First Amendment right to support any political candidate; and
noted Tustin's tradition of fair play.
Kathy Weil, 1702 Summerville, Tustin
Mayor Pro Tem Potts responded to Mrs. Weil's comments and that
because she challenged his integrity, he offered to take a
polygraph test. He stated he had not ordered Mrs. Weil against
running Councilmember Puckett's campaign. He said term limits
were in the best interest of the City allowing new people to serve
on the Council and commissions.
The following members of the audience spoke in opposition to
replacing Planning Commissioner Baker:
Dick Edgar, 13622 Loretta Drive, Tustin
Al Baker, 13511 Farmington Road, Tustin
Councilmember Thomas apologized to Commissioner Baker and stated
agendizing this issue was an embarrassment to the City.
Mayor.Pro Tem Potts clarified that this was not a personal issue
against Mr. Baker. He said this matter was agendized because of
his commitment to term limits; Mr. Baker had served nine years on
the Planning Commission and it was time he stepped down to allow
new people an opportunity to serve the City. He apologized to Mr.
Baker for not contacting him before the matter was brought up at
CITY COUNCIL MINUTES
Page 11, 7-18-94
the last Council meeting.
The following member of the audience spoke in favor of replacement
of Planning Commissioner Baker:
Charlie Mack, 13202 Wickshire, Tustin
Councilmember Thomas stated that it was inappropriate and
Pow" unprecedented to remove a Commissioner in mid-term and was opposed
to removing Commissioner Baker. He stated his concern with all
inexperienced members on the Planning Commission to deal with
important issues such as the Marine Corps Air Station, Tustin
closure. He said the proper time to replace a Commissioner was at
their term expiration.
Councilmember Worley stated she supported allowing Commissioner
Baker to serve his appointed term; apologized for the manner in
which this subject was handled; and because Mr. Baker wanted to
finish his term, she believed he should be allowed to do so.
Councilmember Doyle said this matter should have been handled in
a different manner; noted the Planning Commission's self-imposed
term limit; and supported allowing new people to serve the City on
Commissions/Committees.
Mayor Saltarelli stated that Kathy Weil and Al Baker were assets
to the City and Planning Commission. He noted that it took many
years to acquire the knowledge necessary to serve on the Planning
Commission and because of the pending base closure, it would be
unwise to replace experienced Commissioners at this time.
It was moved by Potts, seconded by Doyle, to remove Al Baker from
the Planning Commission and appoint a replacement.
Motion failed 2-3, Saltarelli, Thomas, Worley opposed. 120-50
RECESS - At 11:30 p.m. the meeting was recessed and reconvened at 11:40
p.m.
21. LISTING OF COMMISSIONS AND COMMITTEES
Mayor Pro Tem Potts stated that he did not support Councilmembers
sitting on standing Committees/Commissions; he believed some
residents had more experience and knowledge to contribute to
Committees/Commissions than Councilmembers; and supported removal
of Councilmembers from Committee/Commissions.
It was moved by Potts, seconded by Doyle, to replace
Councilmembers from City Committees/Commissions.
Councilmember Doyle said that he supported allowing people in the
community to serve on Committees/Commissions rather than
Councilmembers. He said that residents could bring new ideas and
expertise especially to the Youth Issues Committee and Community
Foundation.
Councilmember Thomas noted that several months ago he had been
denied serving as Mayor Pro Tem and had been assigned to
•,, Committees/Commissions with no power, and it appeared that certain
Councilmembers did not want him involved with any Committees or
Commissions. He said that he founded the Economic Development
Council; had contributed many hours, including returning from out-
of-town business commitments to attend City meetings while other
appointed Councilmembers failed to attend; stated that as the
alternate to the Transportation Corridor Agency (TCA) he was not
advised that the appointed representative would not be attending
the recent TCA meeting; noted support of constituency of
Councilmembers remaining on the Committees/Commissions; and
stressed the importance of keeping Councilmembers on the
Committees/Commissions to provide guidance and direction.
Mayor Pro Tem Potts stated that he was not attempting to remove
all Committee/Commission responsibilities from Councilmember
Thomas and offered his seat on the Sanitation District to
CITY COUNCIL MINUTES
Page 12, 7-18-94
Councilmember Thomas. He said he was concerned that the
Committees/Commissions should have input from the majority of
Council.
25.
Council/staff discussion followed regarding complying with the
Brown Act; and the diversity of cities having Councilmembers on
Committees/Commissions.
Mayor Saltarelli noted that only five of seventeen
Committees/Commissions had Council membership. He stated the
importance of Council direction to Committees/Commissions received
by Council's interaction with the public by attending meetings,
receiving mail, and working with staff. He stated his opposition
to removal of Councilmembers from City Commissions and Committees.
Councilmember Worley stated her opposition to removal of
Councilmembers from Commissions/Committees and said it was the
decision of individual Councilmembers whether they wanted to be
involved and should not be prevented from appointment by Council.
Mayor Pro Tem Potts stated that Council membership was not
necessary and Committees/Commissions should receive direction from
Council majority not from one or two Councilmembers and he noted
the difficulty of some Councilmembers attending
Committees/Commissions meetings. He suggested a qualified
resident, Al Murray, be appointed to the Youth Issues Committee.
The following member of the audience spoke in favor of
Councilmembers remaining on City Commissions/Committees:
Ken Royal, Tustin
Motion failed 2-3, Saltarelli, Thomas, Worley opposed. 120-05
MAYOR APPOINTMENTS (Agenda Order)
Mayor Saltarelli requested this item be moved out of Agenda Order.
Councilmember Doyle stated that some residents were more qualified
than he was to serve on the Youth Issues Committee, and therefore,
he resigned his position on the Youth Issues Committee.
Council/staff discussion followed regarding the number of Council
membership on Committees/Commissions.
William Huston, City Manager, stated that the Youth Issues
Committee and Community Foundation Board of Directors required
specific Council membership. He said that an amendment to the
Memorandum of Understanding (MOU) could be presented to the school
district if Council chose to change the number of Council
representatives on the Youth Issues Committee.
Council concurred to appoint Mayor Saltarelli to the Youth Issues
Committee.
Councilmember Thomas recommended appointing Nan Lunn to serve on
the Marine Corps Air Station, Tustin Task Force.
Mayor Saltarelli stated that former Planning Commissioner William
Stracker expressed interest in continuing to serve on the Marine
Corps Air Station Task Force for the remainder of its assignment
and suggested re -appointment of Mr. Stracker because of his
experience and background.
It was moved by Saltarelli, seconded by Thomas, to re -appoint
William Stracker to the Marine Corps Air Station, Tustin Task
Force.
Motion carried 5-0.
It was moved by Potts, seconded by Worley, to appoint Al Murray to
the Youth Issues Committee upon school district approval of an
amendment to the Memorandum of Understanding.
CITY COUNCIL MINUTES
Page 13, 7-18-94
Motion carried 5-0. 420-65
William Huston, City Manager, stated an amendment to the Youth
Issues Committee MOU would be presented to Council at the August
1, 1994 meeting.
22. RESOLUTIONS RELATING TO THE NOVEMBER 8, 1994 ELECTION
Lois Jeffrey, Interim City Attorney, reported that Resolution No.
94-88 provided for calling of a special municipal election and
consolidation of the special municipal election with the general
statewide election. She said that transmittal of this resolution
to the Orange County Elections Department would trigger the
necessary activity to ensure that the three ballot measures were
included on the November ballot. She stated that Resolution No.
94-89 provided for the preparation of impartial ballot analysis by
the City Attorney and Council to authorize one or more of their
members to prepare ballot arguments allowing one argument in favor
of the proposition and one argument in opposition of the
proposition. If more than one argument in favor was received by
the City, priority to an argument submitted by a member of Council
who had been authorized to prepare an argument would take
preference.
Council/staff discussion followed regarding allowing voters to
decide upon the measures without submitting pro or con arguments;
and priority of arguments submitted to the City.
Lois Jeffrey, Interim City Attorney clarified Resolution No. 94-88
and the cost of inclusion of a special sample ballot.
It was moved by Doyle seconded by Thomas, to adopt the following
Resolution No. 94-88, excluding the separate sample ballot:
RESOLUTION NO. 94-88 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA: (1) CALLING A SPECIAL MUNICIPAL
ELECTION FOR NOVEMBER 8, 1994; (2) REQUESTING THE COUNTY BOARD OF
SUPERVISORS TO ORDER CONSOLIDATION OF THE SPECIAL MUNICIPAL
ELECTION WITH THE STATEWIDE GENERAL ELECTION ON NOVEMBER 8, 1994;
(3) AUTHORIZING THE COUNTY BOARD OF SUPERVISORS TO CANVASS THE
ELECTION RETURNS; AND (4) PROVIDING FOR THE EXPENSES OF THE
ELECTION
Motion carried 5-0.
450-50
Council/staff discussion followed regarding clarification of
Resolution No. 94-89 including the City Attorney writing an
impartial ballot analysis; and Council submitting pro or con
arguments.
Council concurred to authorize the City Council to write the
ballot arguments for all measures.
Council/staff discussion followed regarding submitting pro or con
arguments for Bidding of Solid Waste Contracts.
Council concurred to authorize the City Attorney to write the
impartial analysis for all measures.
Council concurred that ballot arguments be written as follows:
Term Limitation Ordinance (Two full terms)
Pro - Potts
Con - Saltarelli
Term Limitation Ordinance (Three full terms)
Pro - Saltarelli
Con - Potts
Bidding of Solid Waste Contracts
Pro - Potts
Con - Saltarelli
CITY COUNCIL MINUTES
Page 14, 7-18-94
23. ORDINANCE BANNING GIFTS OF $250 OR MORE
It was moved by Doyle, seconded by Potts, to continue this item to
the August 1, 1994 Council meeting.
Motion carried 5-0. 445-05
24. FEE WAIVER - DINOSAUR DASH
See page 3.
25. MAYOR APPOINTMENTS
See page 12.
26. THE MCKINNEY ACT STRATEGY AS IT APPLIES TO MCAS TUSTIN
William Huston, City Manager, recommended this item be continued
to the August 1, 1994 Council meeting.
It was moved by Thomas, seconded by Potts, to continue this item
to the August 1, 1994 Council meeting.
Motion carried 5-0. 150-50
PUBLIC INPUT - None
OTHER BUSINESS
RESTRICTING SALES FROM VEHICLES ON CITY STREETS
Mayor Pro Tem Potts requested agendizing at a future ,Council
meeting an ordinance similar to the City of Agoura Hills
restricting sales from vehicles on City streets.
PROHIBITING SLEEPING IN VEHICLES
Mayor Pro Tem Potts requested agendizing at a future Council
meeting an ordinance prohibiting sleeping in vehicles.
PROCLAMATION REQUESTS
Councilmember Thomas requested proclamations at the August 1, 1994
Council meeting for former Audit Committee member, Jerry Weil;
former Planning Commissioners, William Stracker, and John Butler;
retiring City Attorney James Rourke; and retiring City Engineer,
Robert Ledendecker.
ERRONEOUS NEWSPAPER ARTICLE
Councilmember Thomas noted an erroneous Register newspaper article
indicating Tustin had an in-house attorney.
SUPPORT COUNTY RESOLUTION 3-94
Councilmember Worley requested the
Directors of League of Cities'
escalation of illegal immigration.
SPEAKER COMMENTS
City support Orange County
Resolution 3-94 regarding
Councilmember Worley expressed resentment toward speaker Erin
Nielsen's comments regarding Council not addressing important
issues; noted issues such as crime and redevelopment were being
addressed; and she was personally dedicated to her
responsibilities as a Councilmember.
CLOSED SESSION
Mayor Saltarelli announced that the City Council would convene in Closed
Session to consider a matter of pending litigation pursuant to Government
Code Section 54956.9(c), and a matter of threatened litigation pursuant to
Government Code Section 54956.9(b) (there was a dispute between The Irvine
Company and the City of Tustin over the deposit of soils in the
CITY COUNCIL MINUTES
Page 15, 7-18-94
construction of Jamboree Road).
Confidential reports relating to (a) purchase and sale of real property,
(b) matters of pending or potential litigation, (c) personnel, or which
are otherwise exempt from public disclosure under the California Public
Records Act, may be reviewed by the Council during a permitted Closed
Session and are not available for public inspection. At such time as
final actions are taken by the Council on any of these subjects, the
minutes would reflect all required disclosures of information in
'"accordance with the Brown Act.
ADJOOR11MENT
Mayor Saltarelli adjourned the meeting at 12:35 a.m. The next regular
meeting of the City Council was scheduled for Monday, August 1, 1994, at
7:00 p.m. in the Council Chambers at 300 Centennial Way.
FOLLOWING CLOSED SESSION
At 12:50 a.m. the Council came out of Closed Session and reconvened in
open session. Mayor Saltarelli reported that the Council approved an
arbitration agreement with The Irvine Company and authorized filing of
code enforcement complaints. The meeting was adjourned at 12:50 a.m.
THOMAS R. SALPkELLI,, MAYOR
MARY E.WYNN,: ITY CLERK
i