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HomeMy WebLinkAboutCC MINUTES 1999 04 05 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN CALIFORNIA APRIL 5, 1999 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATiON The meeting was called to order by Mayor Saltarelli at 7:04 p.m. at the Council Chamber, 300 "' Centennial Way, Tustin, California. The Pledge of Allegiance was led by Cub Scout Pack 217, Den 1. The ~[nvocation was given by Hayor Saltarelli. ROLL CALL Council Present: Thomas R. Saltarelli, Hayor Tracy Wills Worley, Mayor Pro Tem Hike Doyle 3im Ports Council Absent: 3effery M. Thomas City Clerk: Pamela Stoker Others Present: William A. Huston, City Hanager Lois 3effrey, City Attorney Christine Shingleton, Assistant City Manager George 3effries, City Treasurer Elizabeth Binsack, Director of Community Development Fred Wakefield, Police Captain Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Hanager "' Rita Westfield, Assistant Director/Com. Development ~ Valerie Crabill, Chief Deputy City Clerk Doug Anderson, Senior Project Hanager Chu Thai, Senior Management Analyst Lori Ludi, Associate Planner 3im Draughon, Senior Project Hanager Approximately 25 in the audience PROCLAMATION JAMES TAYLOR, STUDENT CORRESPONDENCE TO WHITE HOUSE Mayor Saltarelli read and presented a proclamation to .lames Taylor who wrote a letter to the White House concerning world peace. Hayor Pro Tem Worley stated that her son attended Tustin Hemorial with .lames Taylor; remarked on how proud her son was of 3ames; and congratulated 3ames for his interest in maintaining world peace. PRESENTATION ,-, SANTA COP CONTRIBUTOR PLAQUES: TEMPLE-INLAND MORTGAGE CO, DAVID SCHWEICKERT AND MICHAEL DONER Councilmember Doyle stated that honorees David Schweickedc and Hichael Doner could not be in attendance this evening; explained that Mr. Schweickert and Mr. Doner had each contributed $1,000 to the Santa Cop program and their company, Temple-:[nland Hortgage, pledged 3 to I matching funding and had forwarded a check for $6,000 to the Santa Cop program; thanked Mr. Schweickert, Mr. Doner, and Temple-:[nland Hortgage, Company for their donations; and announced Casino Night for the Santa Cop program would be held April 24, 1999, at the Revere House. CITY COUNCIL MINUTES Page 2, 4-5-99 PUBLIC INPUT TUSTIN MEADOWS AI Potenza, 1742 Green Meadow Avenue, Tustin, complained about the number of stolen vehicles in Tustin Meadows; believed that a reactire Police Department, numerous garage sales, and trash scavengers contributed to the crimes; and requested a public awareness campaign and posting of signs prohibiting trash scavenging. Councilmember Ports responded that stolen vehicles were a problem due to the abundant number of vehicles in the area; prospective gang members stole vehicles as a gang initiation; some stolen vehicles were shipped out of the country; utilizing code enforcement to monitor the number of garage sales in Tustin Meadows; commented on the City of Trvine's trash scavenger abatement program; and suggested residents telephone the Police Department if trash scavengers were seen in the neighborhood. Council discussion followed regarding that garage sales created safety issues because of the increased traffic in neighborhoods; limiting the number of garage sales per year; directing code enforcement at trash scavengers; statistics revealed crime was down in Tustin; and installing gates at the entrances of Tustin Meadows. SYCAMORE GLEN HOMEOWNERS ASSOCIATION Steve Gould, 2189 Avocado Drive, Tustin, representing Sycamore Glen Homeowners Association, reported on a lawsuit filed by the homeowners against the developer to correct major code compliance building defects; believed that City inspectors failed to conduct proper inspections during construction of homes; and requested that the City reimburse the homeowners association for the $8,700 cost of reconstruction permit fees. William Huston, City Manager, stated that staff would investigate the project background and submit a report to Council. TAXICAB SERVICE Pay Mills, commended Council for participation in the Orange County Taxi Administration Program (OCTAP); submitted a brochure regarding the safe and economical use of taxicabs; and requested his company, California Yellow Cab, be granted exclusive taxicab operation in Tustin. Council/speaker discussion followed regarding the formation of OCTAP; the City could not restrict cab service to one prorider; and the City of Anaheim restricted taxicab service to two companies. PUBLIC HEARING ( ITEMS :1 THROUGH 2 ) 1. APPEAL OF CONDITIONAL USE PERMIT 98-029 (APPLICANT: LARRY SMITH, RED HILL RESTAURANT INC.) Elizabeth Binsack, Director of Community Development, reported that the proposed conditional use permit (CUP) would establish a restaurant, located at 14131 Red Hill Avenue, with on-site alcohol beverage sale and consumption, and live entertainment; the Planning Commission approved the CUP on March 8, 1999, and Council appealed the item at their March 15, 1999 meeting; the proposed project was approximately 5,000 square feet; described the different dining/bar areas in the restaurant; and hours of operation. Council/staff discussion followed that Council had final action on this matter; the applicant was willing to meet all the conditions imposed by the Planning Commission; live entertainment required a CUP and administrative approval; and the item had been appealed due to residents' concern regarding the project and the amount of time the Planning Commission had spent reviewing it. Mayor Saltarelli opened the Public Hearing at 7:40 p.m. CITY COUNCIL MINUTES Page 3, 4-5-99 The following member of the audience spoke in favor of Conditional Use Permit 98-029: Michael Cho, Red Hill Restaurant, Inc. representative Mayor Saltarelli stated he had visited the project site and it was configured primarily as a restaurant; noted the similarities of the restaurant layout to a previous restaurant located at the site; and supported the condition of a 6-month review on the billiard tables and video machines. -~... Council/speaker discussion followed regarding removing the billiard tables and video games from the restaurant; oyster bar; and the owner did not intend to convert the restaurant into a sports bar. There were no other speakers on the subject and the Public Hearing was closed at 7:47 p.m. Councilmember Potts stated his concern regarding the limited restaurant parking, the potential for the restaurant to be used primarily as a bar and its close proximity to a residential area; and questioned the restaurant theme. Mayor Saltarelli stated he was satisfied that the project would be utilized as a restaurant; was pleased with the configuration and atmosphere of the project; a restaurant would be a good addition to the center; and the 6-month review period would ensure that the site would not be utilized as a bar only. Michael Cho stated that the owner would be receptive to eliminating the pool tables, but wished to retain the video games. Council/speaker/staff discussion followed that the restaurant theme was New Orleans ,-- Cajun food; removal of the billiard tables; hours of operation; opening the restaurant as approved by the Planning Commission with a 6-month review stipulation; the Planning Commission would review the alcoholic beverage sales establishment guidelines which addressed bar seating, coin operated videos and pool tables; and the temporary use permit could be revoked in 6 months if the alcoholic beverage sales establishment guidelines were not modified by the Planning Commission. It was moved by Worley, seconded by Doyle, to uphold the Planning Commission approval of Conditional Use Permit 98-029. Council/staff discussion followed regarding a resolution of approval would be agendized at the April 19, 1999 Council meeting; and staff would forward a letter to Alcoholic Beverage Control that Council had approved the project. Motion carried 4-0, Thomas absent. 610-40 2. ADOPTION OF RESOLUTION ADOPTING A PROCEDURE FOR THE FORMATION AND ELECTION OF A PROJECT AREA COMMITTEE .3ames Draughon, Senior Project Manager, reported the proposed Project Area Committee (PC, A) procedure identified requirements for filing an election, publicizing an election, holding an election, review of disputed election results, filling vacancy seats and other '-- matters related to the electoral process; adopting the procedure was the first step in the process for amending the South Central Redevelopment Plan to re-establish the : Redevelopment Agency eminent domain authority for a 12 year period; eminent domain authority and PAC's term had recently expired; PAC must be comprised of citizens residing or conducting a business in the project area; PAC served 3-year terms; PAC responsibilities included consulting and advising the Redevelopment Agency on policy matters, housing, and replacement housing needs in the project area; and if PAC opposed adoption of the proposed plan amendment, Council must adopt the plan by a 4/5 vote. Mayor Saltarelli opened the Public Hearing at 8:00 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Ports, seconded by Worley, to adopt the following Resolution No. 99-27: CITY COUNCIL MINUTES Page 4, 4-5-99 RESOLUTION NO. 99-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A PROCEDURE FOR FORMATION AND ELECTION OF THE PROJECT AREA COMMITTEE IN CONNECTION WITH THE 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SOUTH CENTRAL REDEVELOPMENT PROJECT Notion carried 4-0, Thomas absent. 630-80 CONSENT CALENDAR ( ITEMS 3 THROUGH 13 ) It was moved by Worley, seconded by Potts, to approve the Consent Calendar as recommended by staff. Motion carried 4-0, Thomas absent. 3. APPROVAL OF MINUTES - MARCH 15, 1999 REGULAR IvlEETING Recommendation: Approve the City Council Minutes of March 15, 1999. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $5,647,637.85 and ratify Payroll in the amount of $371,698.61. 380-l0 360-82 5. PLANNING COMMISSION ACTION AGENDA- MARCH 22, 1999 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 March 22, 1999. 120-50 6. EXTENSION OF SAFE RIDES PROGRAM CONTRACT Recommendation: Grant an extension of the Facilities Use Agreement to June 28, 1999, for the Safe Rides Program as recommended by the Police Department. 400-l0 7. CODE COMPLIANCE EVALUATION OF THE RED HILL NEIGHBORHOOD SHOPPING CENTERS Recommendation: Receive and file subject report as recommended by the Community Development Department. 440-20 8. RESOLUTION NO. 99-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE WELL SITE FACILITIES UPGRADES (CITY PRO.IECT NO. 600077), AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 99-20 approving plans and specifications and authorizing advertisement for bids for subject project as recommended by the Public Works Department/Water Services Division. 400-45 9. AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT Recommendation: Approve Amendment No. 2 to Employment Agreement, City Manager, to provide for salary compensation. 400-10 10. RESOLUTION NO. 99-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS Recommendation: Adopt Resolution No. 99-24 authorizing destruction of recruitment files that are over two years old and no longer legally required to be maintained as recommended by Personnel Services. 170-40 11. DENIAL OF CLAIM NO. 99-7, CLAIMANT: MARY ANN LYNCH Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. 180-10 12. RECLASSIFICATION OF OFFICE COORDINATOR POSITION Recommendation: Authorize the reclassification of the Office Coordinator in the Police Department to Executive Secretary to more correctly align it to the current job responsibilities as recommended by the Police Department. 510-40 13. CITY OF TUSTIN RESPONSE TO COUNTY OF ORANGE'S SUPPLEMENTAL ANALYSIS FOR ENVIRONMENTAL IMPACT REPORT NO. 563 PERTAINING TO THE MCAS EL TORO MASTER DEVELOPMENT PLAN CITY COUNCIL MINUTES Page 5, 4-5-99 Recommendation: Authorize staff to forward the draft response to the County's Notice of Availability of the Supplemental Information prepared in support of Environmental Impact Report (EIR) No. 563 for the Marine Corps Air Station (MCAS;) El Toro "38 Million Annual Passenger (MAP)" Master Plan Development as recommended by the Redevelopment Agency staff. 150-40 REGULAR BUSINESS ( ITEMS 14 THROUGH 16 ) ,, 14. YEAR 2000 PLAN STATUS REPORT Ron Nault, Finance Director, summarized the Year 2000 Plan including formation of a Y2K team comprised of staff from each department; Southern California Edison was projected to be 100% compliant by 3une 1999, which would alleviate the majority of anticipated problems residents might experience in 2000; City water service could be operated manually and emergency generators were available; 911 emergency system was compliant; traffic signals were currently being tested at each intersection and would be modified, if necessary; City Hall computer systems were compliant; testing would take place prior to 3uly 1, 1999, on police/fire emergency response, water operations, and the City's Emergency Operations Center; monthly status reports would be submitted to Council beginning in 3uly 1999; most AlMs were compliant; and Y2K legislation. Council/staff discussion followed regarding the Emergency Operations Center would be activated on New Year's eve; community publicity programs; and communicating with the City of Irvine to share Y2K plans. It was moved by Doyle, seconded by Worley, to receive and file subject report. Motion .carried 4-0, Thomas absent. 190-30 15. GRAD NIGHT FUNDING REQUEST Mayor Saltarelli and Councilmember Potts announced they would recuse themselves from discussion and vote on this item because their children were high school seniors attending the schools requesting grad night funding. Lois 3effrey, City Attorney, stated it was necessary to have a quorum and requested Mayor Saltarelli and Councilmember Ports flip a coin to determine a quorum if a Council vote resulted in a tie. A coin was tossed, Councilmember Ports was selected as the quorum, and Mayor Saltarelli left the dais. Patrick Sanchez, Director of Parks and Recreation, reported that Foothill and Tustin High Schools were each requesting $2,500 donation from the City to support grad night on 3une 17, 1999. It was moved by Doyle, seconded by Worley, to donate $2,500 to Foothill High School and $2,500 to Tustin High School for Grad Night. Motion carried 2-0, Saltarelli, Potts abstained, Thomas absent. 330-20 " Council/Foothill and Tustin High School representatives discussion followed regarding the grad night themes. Foothill and Tustin High School representatives thanked Council for the donation. Mayor Saltarelli returned to the dais. 16. ORANGE COUNTY FIRE AUTHORITY (OCFA) EQUITY STUDY William Huston, City Manager, reported that the 3oint Powers Agreement stipulated that for the first 3 years of the OCFA, no cost increase would be imposed on members; the 3 years had expired; the Equity Study provided alternative costing methods for fire services; cities in the Structural Fire Fund had dedicated rates set by Proposition 13; and cash contract CITY COUNCIL MINUTES Page 6, 4-5-99 cities were not governed by Proposition 13 and contract prices were variable. The Fire Authority Board would be examining fire service cost options in 3une 1999, including remaining status quo with a 2% equity adjustment increasing the City's cost of fire services approximately $1 million; uniformed cost-to-serve methodology was based on population, assessed value, and calls for service which would raise Tustin's cost approximately $864,000 a year; and underfunded cities would be required to pay 100% of fire service costs of future development. Mayor Pro Tern Worley recommended that Council defer action until the Fire Authority Board reviewed costing alternatives in 3une. Councilmember Doyle requested staff present Council with cost options in preparation of the Fire Authority Board decision in 3une. William Huston stated that whatever option the Fire Authority Board incorporated, the City would encounter a cost increase; and upon the Fire Authority Board decision in 3une, staff would present long term fire service options to Council. Council/staff discussion followed regarding that over 90% of the City's property tax revenue paid for fire services; the proposed equity increase was not affordable; the Equity Study was technically sound; and some Structural Fire Fund cities would be required to pay more for fire service. Mayor Saltarelli stated he was supportive of the Fire Authority and hoped it remained successful; in the past the City paid 100% property tax revenue for fire services; general fund monies would not be used for fire services; several years ago one of Tustin's fire stations had been moved out of the City because of City of Irvine complaints that Tustin was not paying its fair share of fire service costs; and investigating other fire service options. It was moved by Doyle, seconded by Worley, to receive and file subject report. Motion carried 4-0, Thomas absent. 400-70 PUBLIC INPUT- None OTHER BUSINESS CHAMBER OF COMMERCE EXECUTIVE DIRECTOR Councilmember Doyle introduced Eddie Burch, the new Chamber of Commerce Executive Director; and commended the Chamber of Commerce's newsletter. CITIZEN COMPLAINTS - STREET SWEEPING Mayor Pro Tem Worley reported she had received complaints regarding street sweepers unable to properly clean due to parked cars and questioned the process for issuing citations. William Huston, City Manager, responded that a neighborhood petition would be required. OLD TOWN ASSOCIATION Mayor Pro Tem Worley reported that the Old Town Association needed financial support and encouraged Council and staff to continue working with and supporting this worthwhile organization. MAYOR PRO TEM WORLEY Councilmember Doyle reported that Mayor Pro Tem Worley would have minor throat surgery on April 6, 1999, and wished her positive thoughts. MCFADDEN AVENUE CITY COUNCIL MINUTES Page 7~ 4-5-99 Councilmember Potts stated he was impressed with the completed fencing a~ong McFadden Avenue and, with future ~andscaping, the area wou~d be greaUy improved. MAYOR SELECTION - APRIL 19, 1999 Mayor Saltarelli reminded everyone that the selection of the Mayor would take place on April 19, 1999, and the public was invited to attend the IMayor's reception immediately following the meeting. COMMENDATION - COUNCILMEMBER POTTS Mayor Saltarelli commended Councilmember Ports for helping to save the life of an individual trapped in a burning vehicle. COMMI'!TEE REPORTS SENATE BILL 1277 Councilmember Potts reported that the Transportation Corridor Agency would be requesting Council adopt a resolution opposing Senator Hayden's bill regarding development in state parks. CLOSED SESSION - None ADJOURNMENT Mayor Saltarelli adjourned the meeting at 8:48 p.m. The next regular meeting of the City Council was scheduled for Monday, April 19, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. The Mayor's Reception would be held in the Community Center immediately following the meeting. THOMAS R. SALT,/M(ELLI, MAYOR PAMELA STOKER;"CZT'Y ~'EI~K