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HomeMy WebLinkAboutCC MINUTES 1992 08 17MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA AUGUST 17, 1992 I, CALL To ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Pontious at 7:00 p.m. at the Tustin Area Senior Center1200 South "C" Street, Tustin, California. The Pledge of Allegiance was led by Councilmember Saltarelli. II. INVOCATION The Invocation was given by Father Timothy MacCarthy, St. Cecilia's Catholic Church. III. ROLL.CALL Council Present: Leslie 1Pro,TemMayor lP,1e motts mayor Charles E. Puckett Thomas R. Saltarelli Council Absent: Jeffery M. Thomas City Clerk: Others Present: Mary E. Wynn William A. Huston, City Manager James G. Rourke, City Attorney Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Rita Westfield, Asst. Dir./Comm.Development Dana Kasdan, Engineering Services Manager Bettie Correa, Senior Personnel Analyst Gary Veeh, Water Services Manager Susan Jones, Recreation Superintendent Doug Anderson, Transportation Engineer Becky Stone, Assistant Planner Valerie Whiteman, Chief Deputy City Clerk Approximately 60 in the audience IV. PROCLAMATIONS 1. COMMUNITY SERVICE RECOGNITION - "STREET CLEANING CHILDREN" Mayor Pontious read a proclamation recognizing the following children and adults for performing community service by cleaning litter and debris from Nisson Road: Tammy and Randy Adamson; Breanna Janssen; Conan, Joey, Joshua, Leaha, and Bobby Williams; Rusty Benetti; Scott Jorganson; and Michael Rivera. The children also received a City pin from Mayor Pontious. 2. VOLUNTEER FIREFIGHTER RECOGNITION MONTH Maor roclamatin August 1992 Pontious Volunteer Firefighter resented a Recognition Month. Battalion Chief Ahumada and Volunteer Captain Bob Chedsey, on behalf of the Orange County Fire Department, thanked the City for their support. V. PUBLIC HEARINGS 1. APPEAL OF CONDITIONAL USE PERMIT 92-025, 440 HEST MAIN STREET Becky Stone, Assistant Planner, reported on July 27, 1992, the Planning Commission approved authorization of an accessory structure at 440 West Main Street. On August 3, 1992, staff received an appeal of the Planning Commission decision from Mr. Collins, the adjacent property owner. Mr. Collins' appeal contained the following issues: the Planning Commission did not have the proper and necessary information to review the matter; and the proposed use would be detrimental and injurious to the property and improvements in the neighborhood. Staff reviewed each issue raised by the CITY COUNCIL MINUTES Page 2, 8-17-92 appellant and recommended the Council uphold the Planning Commission's decision. Council/staff discussion followed regarding required front yard setback. Mayor Pontious opened the Public Hearing at 7:15 p.m. The following members of the audience spoke in opposition to Conditional Use Permit 92-025, 440 West Main Street: Bill Collins, 430 W. Main Street, Tustin W. S. Leinberger, 445 W. Main Street, Tustin Pauline Collins, 430 W. Main Street, Tustin Ron Dixon, 500 W. Third Street, Tustin The following member of the audience spoke in favor of Conditional Use Permit 92-025, 440 West Main Street: Don LeJeune, applicant Council/applicant discussion followed regarding the' applicant's restoration agreement with the City of Orange. There were no others speakers on the subject and the Public Hearing was closed at 7:30 p.m. Councilmember Puckett stated that because information had not identified reasons to grant the appeal, and the structure would enhance the Main Street area, he supported the Planning Commission's decision. Councilmember Saltarelli questioned why this permit had not been reviewed by the Cultural Advisory Committee. Christine Shingleton, Assistant City Manager, responded that the municipal code specified all land use authority would be determined by the Planning Commission. In response to questions raised by speakers, she noted that staff had processed this application in the same manner as other projects; however, the applicant had chosen, due to time constraints with the City of Orange, to submit the conditional use permit without completed architectural drawings which would be submitted during the design review process. Councilmember Saltarelli stated he did not discover any issue that would support overturning the Planning Commission's action. He pointed out that Mr. LeJeune had abstained from any discussion or vote on this issue when it was presented to the Planning Commission and the conditional use permit process had been appropriately handled. He stated this structure would reflect the historical aspect and enhance Old Town Tustin. It was moved by Puckett, seconded by Saltarelli, to uphold the Planning Commission's approval of Conditional Use Permit 92- 025 by adopting the following Resolution No. 92-98: RESOLUTION NO. 92-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 92-025, AUTHORIZING THE PLACEMENT OF AN ACCESSORY STRUCTURE USED AS GUEST ROOMS ON AN R-1 LOT LOCATED AT 440 WEST MAIN STREET Motion carried 4-0, Thomas absent. 2. PROPOSED SALE AND TRANSFER OF OWNERSHIP OF COMMUNITY CABLEVISION COMPANY TO TINES MIRROR CABLE TELEVISION James Rourke, City Attorney, reported that sale or transfer of the cable franchise could not occur without the prior consent of the Council and certain conditions of approval including adherence to regulations of the cable television franchise and evidence of financial stability. Times Mirror CITY COUNCIL MINUTES Page 3, 8-17-92 Cable Television of Orange County Inc. (TMCT) had provided staff with information regarding their financial stability and written agreement to comply with all terms of the existing franchise and municipal code. The following member of the audience spoke in favor of the proposed sale and transfer of ownership of Community Cablevision Company to Times Mirror Cable Television: Mark Stuckey, Times Mirror Cable Television of Orange County Mayor Pro Tem Potts said he opposed the transfer of ownership without allowing community input because of numerous complaints he had received regarding Community Cablel►ision's service and programming. He stated this would allow Times Mirror Cable to address citizen complaints, suggestions, and concerns. Councilmember Saltarelli stated he agreed with Mayor Pro Tem Potts' concerns; however, he believed Times Mirror Cable would present a new perspective. He impressed the importance of offering local programming in Tustin. Council/speaker discussion followed regarding upgrading the cable system and TMCT presenting a future informational report to Council regarding programming content. William Huston, City Manager, clarified that federal laws prohibited cities imposing conditions, programming, or rates on cable companies. It was mid by Saltarelli, seconded by Puckett, to approve the following Resolution No. 92-100: RESOLUTION NO. 92-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ACQUISITION OF THE COMMUNITY CABLEVISION FRANCHISE BY TIMES MIRROR CABLE TELEVISION OF ORANGE COUNTY, INC. Councilmember Puckett stated he believed THTC had fulfilled the required conditions, and he was in favor of the transfer of ownership; but, he wanted THTC to be aware that citizen comments regarding programming, specifically adding a religious broadcast station, should be incorporated in their upgrading plans. Mr. Stuckey said TMTC would investigate service concerns and submit a report to Council. Mayor Pro Tem Potts stressed that TMTC should be responsive to public concerns and community needs. Motion carried 3-1, Potts opposed, Thomas absent. VI. PUBLIC INPUT I. IRVINE BOULEVARD WIDENING Paula Massimino, representing Voters Against Widening of Irvine Boulevard; and Jane Portera, 1867 Cockscrow Lane, Santa Ana, expressed opposition and concern regarding the widening of Irvine Boulevard including lack of bicycle lanes and adequate parking, increased traffic, pedestrian safety, and impact on home values. Mayor Pontious requested staff compile a list of names and addresses of concerned residents for notification of County meetings on the project, and noted that City staff was available to meet with affected individuals and groups. Robert Ledendecker, Director of Public Works, gave a brief overview of the project to widen/restripe Irvine Boulevard CITY COUNCIL MINUTES Page 4, 8-17-92 from the SR -55 freeway to Tustin Ranch Road, and responded to questions from the audience. William Huston City Manager, clarified that the Council could not render a decision on the project until the environmental documents were completed. 2. AUTO CENTER DEALERSHIP DEMONSTRATIONS - LAGIER ROAD Jane Anderson, Sevilla Homeowners Association, reported Tustin Auto Center dealerships continued to use Lagier Road to demonstrate automobiles and, specifically, the Acura dealer twice blocked the entrance to their development. William Huston, City Manager, responded that letters, with a map delineating areas permitted for stopping, would be sent to general managers of each dealership. VII. CONSENT CALENDAR It was moved by Potts. seconded by Puckett, to approve the Consent Calendar as recommended by staff. Motion carried 4-0, Thomas absent. 1. APPROVAL OF MINUTES - AUGUST 3, 1992 REGULAR MEETING Recommendation: Approve the City Council Minutes of August 3, 1992. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $778,081.34 and ratify Payroll in the amount of $295,377.98. 3. REJECTION OF CLAIN NO. 92-31 - CLAIMANT, HECTOR TORRES; DATE OF IHSS, 4/3/92; DATE FILED WITH CITY, 7/27/92 Recommendation: Reject subject claim for general damages in the amount of $200,000,000.00 as recommended by the City Attorney. 4. REJECTION OF CLAIN NO. 92-35 - CLAIMANT, GERALD FERRATO; DATE OF IHSS, 3/27/92; DATE FILED WITH CITY, 7/27/92 Recommendation: Reject subject claim for personal injury damages in the amount of $750,000.00 as recommended by the City Attorney. 5. REJECTION OF APPLICATION FOR PERMISSION TO PRESENT LATE CLAIN - CLAIM NUMBER, 92-28; CLAIMANT, JERRY SHAVER; DATE OF LOSS, 11/24/91; DATE ORIGINAL CLAIM FILED WITH CITY, 5/29/92 Recommendation: Reject subject Application for Permission to Present Late Claim as recommended by the City Attorney. 6. AWARD OF CONTRACT FOR PHASE III - REGIONAL TRAILS, -ASSESSMENT DISTRICT 86-2 Recommendation: Award the contract to Tracy and Ryder Landscape, Inc. in the amount of $305,000.00 as recommended by the Public Works Department/Engineering Division. 7. APPROVAL AND AUTHORIZATION TO UTILISE CITY AB 2766 FUNDS Recommendation: Approve and authorize the use of $10,330.00 of City AB 2766 funds to offset costs associated with developing an Air Quality component as part of the General Plan Revision Program as recommended by the Community Development Department. VIZI. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 1098 - SECOND RESPONSE TO DISTURBANCE ORDINANCE James Rourke, City Attorney, requested this item be continued to the September 8, 1992 Council meeting due to questions raised by the Apartment Owners' Association regarding certain sections of the ordinance. CITY COUNCIL MINUTES Page 5, 8-17-92 It was moved by Potts seconded by Saltarelli, to continue this item to the September 8, 1992 Council meeting. Motion carried 4-0, Thomas absent. IX. ORDINANCES FOR ADOPTION - None X. OLD BUSINESS 1. SPORTS PARK MASTER PLAN TASK FORCE Susan Jones, Recreation Superintendent, reported the park design process was ready to proceed upon Council approval. She stated staff had been contacted by various interested and concerned citizens requesting involvement on the Sports Park Master Plan Task Force. When the Parks and Recreation Commission convened the task force, all interested parties and neighborhood property owners would be notified, and notices would also be placed in local newspapers. Councilmember Saltarelli said he wanted to expedite the project, but also maximize community input. William Huston, City Manager, said that limiting the number of task force meetings would enable the project to proceed in a timely manner. Council concurred to limit the Sports Park Master Plan Task Force to two meetings; and publicize meeting notices to obtain maximum community input. XI. NEW BUSINESS 1. APPROVAL OF ALTERNATIVE SYSTEM Ronald Nault, Director of Finance, reported that staff had studied the City's telecommunication options and the reliability of the existing PBX system. The study focused on the Pacific Bell Centrex System and the importance of maintaining the telecommunications off-site in a facility specifically designed for optimum operation and 24-hour monitoring. He summarized the problems staff was experiencing with the current PBX system; the Pacific Bell 96-A Agreement; and projected savings upon approval of the Centrex system. Council/staff discussion followed regarding Phases 1 and 2; sale of the PBX system; contract timeline for repairing defects; and contract "add-on" for emergency back-up equipment. Mayor Pro Tem Potts requested a staff report regarding Emergency Preparedness package for communication back-up system; and utilizing has radio operations during emergencies. William Huston, City Manager, stated that an element of the Emergency Preparedness Plan was use of ham radio operators and back-up equipment that could be addressed in detail during Phase 2 of the Centrex system. He said staff would present an update of the Emergency Preparedness Plan at the September 8, 1992 Council meeting. It was moved by Puckett, seconded by Saltarelli, to authorize the City Manager to execute the Pacific Bell Master Agreement for Provision, Installation and Maintenance of Telecommunications Service; appropriate $43,000.00 from the unappropriated reserve of the Equipment Replacement Fund; and further approve the Pacific Bell Joint Marketing Proposal for Equipment and System Maintenance. Motion carried 4-0, Thomas absent. CITY COUNCIL MINUTES Page 6, 8-17-92 %II. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - AUGUST 10, 1992 It was moved by Puckett, seconded by Saltarelli, to ratify the Planning Commission Action Agenda of August 10, 1992. Motion carried 4-0, Thomas absent. 2. POTENTIAL SALE OF JOHN WAYNE AIRPORT It was moved by Potts. seconded by Saltarelli, to receive and file subject report. Motion carried 4-0, Thomas absent. 3. TUSTIN BUSINESS PROMOTION COMMITTEE Christine Shingleton, Assistant City Manager, highlighted issues raised during the three Tustin Business Promotion Committee meetings including: freeway closures and detours; promoting Tustin businesses; Caltrans freeway construction impacts; and promotional advertising. She announced the next meeting of the Committee was scheduled for September 10, 1992. It was moved by Potts. seconded by Saltarelli, to receive and file subject report. Motion carried 4-0, Thomas absent. 4. WATER RATE STUDY WORKSHOP It was moved by Puckett. seconded by Saltarelli, to set the Water Rate Study and Financing Plan workshop for Monday, August 31, 1992, at 5:00 p.m. Motion carried 4-0, Thomas absent. S. FREEWAY CONSTRUCTION STATUS REPORT It was moved by Puckett, seconded by Saltarelli, to receive and file subject report. Motion carried 4-0, Thomas absent. 6. INVESTMENT SCHEDULE AS OF JUNE 30, 1992 It was moved by Puckett. seconded by Saltarelli, to receive and file subject report. Motion carried 4-0, Thomas absent. %III. PUBLIC INPUT I. K-MART/COSTCO CONSTRUCTION Sandy wollangk, Sevilla Homeowners Association President, asked questions regarding status of the K -Mart project, Costco/K-Mart perimeter wall, and enforcement of weekend construction violations. Jane Anderson, Sevilla Homeowners Association, complained that construction was also occurring during early morning hours. Christine Shingleton, Assistant City Manager, responded that a City inspector would be assigned to investigate and issue citations for weekend and early morning exterior construction violations. CITY COUNCIL MINUTES Page 7, 8-17-92 %IV. . OTHER BUSINESS 1. OMBUDSMAN FOR CABLE SERVICE/PROGRAMMING COMPLAINTS Mayor Pro Tem Potts requested cable companies assign an ombudsman to handle complaints regarding cable service/programming. 2. CITY COUNCIL/AUDIT COMMITTEE MEETING - AUGUST 31, 1992 Mayor Pro Tem Potts requested a joint City Council and Audit Committee meeting. Council concurred to meet with the Audit Committee on August 31, 1992, from 5:00 to 5:30 p.m. 3. LOS ANGELES TIMES RETRACTION - CENTENNIAL PARK SHOOTINGS Mayor Pontious reported the Los Angeles Times had printed a retraction and corrected an erroneous article that stated numerous gang shootings had occurred in Centennial Park, Tustin. XV. ADJOURNMENT Mayor Pontious• adjourned the meeting at 8:52 p.m. The City Council had scheduled a Town hall meeting on Tuesday, August 25, 1992, 7:00 p.m., at the Tustin Area Senior Center; joint Audit Committee meeting on Monday, August 31, 1992, 5:00 p.m., at the Tustin Area Senior Center; Water Workshop on Monday, August 31, 1992, 5:30 p.m., at the Tustin Area Senior Center; and the next regular meeting of the City Council was scheduled for Tuesday, September 8, 1992, 7:00 p.m., at the Tustin Area Senior Center. 97zrozz-Q LE IE ANNE PONTIOUS, MAYOR 'f, MARY E. NN, CIT CLERK