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HomeMy WebLinkAboutCC MINUTES 1999 08 16MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA AUGUST 16, 1999 CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Worley at 7:14 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. The .Pledge of Allegiance was led by Councilmember ' Saltarelli and the Invocation was given by Dr. Lloyd Strelow, Peace Lutheran Church. , ROLL CALL Council Present: Tracy Wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem Mike Doyle Thomas R. Saltarelli Council Absent: Jim Potts City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Christine Shingleton, Assistant City Manager John Cavanaugh, Assistant City Attorney George Jeffries, City Treasurer Elizabeth Binsack, Director of Community Development Fred Wakefield, Police Captain Tim Serlet, Director of Public Works Ronald A. Nault, Finance Director Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Valerie Grabill, Chief Deputy City Clerk Joe Meyers, Senior Management Analyst Sam Altowaiji, Field Services Manager Keith Linker, Associate Civil Engineer Bettie Correa, Senior Personnel Analyst Approximately 25 in the audience PRESENTATIONS Certificate of Commendation, Mr. Ron Walde -Orange County Fire Authority Division Chief Buck Henderson presented a Certificate of Commendation to Mr. Ron Walde, Public Works Department Maintenance Worker, in recognition of his heroic action on June 30, 1999, to save victims involved in amulti-vehicle fatality accident at Prospect Avenue and Theodora Drive. Mr. Walde thanked the Fire Authority for the recognition, and City and Police Department staff for their support. soo-ls Scholar-Athlete Awards - Parks and Recreation Commission Chair AI Murray highlighted the achievements of Tustin High School graduates, Brian Burns and IshChuna McDonald, and Foothill High School graduates, Jeremy Kogler and Jennifer Kogler. Mayor Worley presented each with a $1,000 Scholar-Athlete Award. The ' graduates and IshChuna McDonald's mother thanked the City for the recognition, and teachers, coaches and parents for their support. 12o-ao PUBLIC INPUT Solid Waste Services Franchise Agreement - Berklee Maughan cautioned the City Council that solid waste contract bid specifications would impact trash rates, commented on the current contract's weekly pound limitations, reported that monthly residential rates for duplexes/triplexes were double and triple the cost of single family monthly rates, noted three bin collection program limitations, and requested 1998 tonnage certification report and a legal opinion regarding Proposition 218 voter Minutes -City Council August 16, 1999 -Page 1 approval of franchise fees. Council/speaker discussion followed regarding Proposition 218, duplex/triplex dwelling rate comparisons with single family homes, green waste collection meeting 50% diversion requirement, voluntary vs. mandated three bin collection system, need to resolve trash bin capacity overflow issues and cost, trash rate increases during the past six years, and possibly conducting another workshop in September. PUBLIC HEARING (ITEMS 1 THROUGH 2 1. ORDINANCE NO. 1220 -AMENDING PROVISIONS FOR REGULATION OF GARAGE SALES , Elizabeth Binsack, Director of Community Development, reported that staff had received complaints from residents and the City was experiencing enforcement problems related to garage sale activities. Enforcement issues included continuous garage sales at the same properties, illegally posted signs, City annual expenditure of $6,000 for sign removals, and retail sales of new merchandise. To address these issues, staff was proposing a code amendment which would reduce the number of garage sales permitted per year from four to two, establish a three consecutive day duration for each garage sale, items offered for sale must have been accumulated for personal use, sale of craft items and new merchandise purchased specifically for resale was prohibited, and limiting the posting of garage sale directional signs to one day prior to the event and sunset on the day of the event. Councilmember Saltarelli questioned how staff would enforce and track the number of garage sales held per year per property, believed it was probably neighbors reporting neighbors, stated this was an example of government intruding on property owner rights, illegally conducted residential businesses could be enforced without restricting garage sales, and expressed opposition to the concept of the ordinance. Councilmember Doyle stated he was opposed to prohibiting the sale of craft items and new merchandise purchased specifically for resale and questioned how staff would identify those items; and garage sale abusers could easily be reported to staff by neighbors. Mayor Pro Tem Thomas reported on his personal and miserable experience of having a garage sale, commented on his personal knowledge of residents conducting businesses from their homes under the guise of garage sales, regular garage sales were neighborhood intrusions, and believed that four garage sales per year was excessive. Mayor Worley related her personal experience with the inappropriate and scary behavior of garage sale attendees, expressed sympathy for neighbors who had to endure garage sale noise and parking problems, and stated garage sale abusers needed to be controlled. Council/staff discussion followed regarding garage sale permits were not required, the ordinance would be used as a regulatory tool for chronic abusers, number of complaints received by staff, creation of neighborhood noise and traffic during early morning hours, unsafe conditions, City expense created by the proliferation of illegally posted and unremoved garage sale signs, four hours of staff time was required every Monday solely for the removal of signs, and clarification of changes to the existing , ordinance. Councilmember Saltarelli opined the actual number of chronic abusers was small, that enforcement efforts would have to be increased with the reduction in number of allowable garage sales per year, chronic abusers could be controlled by the current ordinance, during his seven year tenure on the Council he had never received a garage sale complaint, and this was an issue that should be addressed at the homeowner association level. Council/staff discussion followed regarding need for sign control, allowing 12 days per Minutes -City Council August 16, 1999 -Page 2 year for garage sales was excessive, prohibiting sale of craft items and new merchandise purchased specifically for resale, identifying resale merchandise, and approving the ordinance without changing the number of garage sales per year. Mayor Worley opened the Public Hearing at 8:00 p.m. The following member of the audience spoke in opposition to Ordinance No. 1220: Berklee Maughan ' There were no other speakers and the Public Hearing was closed at 8:01 p.m. It was moved by Worley. seconded by Saltarelli, to introduce the following Ordinance No. 1220 as modified with number of annual garage sales per property remaining at four: ORDINANCE N0. 1220 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE REGULATIONS FOR GARAGE SALES Councilmember Saltarelli clarified that the sign enforcement was needed and he wquld support the Ordinance if garage sales per year remained at four. Motion carried 4-0, Potts absent. zlo-os 2. RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT WITH COX COMMUNICATIONS, INC. Joe Meyers, Senior Management Analyst, reported that the purpose of the public hearing was to review Cox Communications' performance under the current franchise term and identify cable related needs and interests. He noted that staff received very few customer service complaints; Cox responded to complaints promptly; Cox's ' system was awell-maintained, state-of-the-art system with a channel capacity of over 100; Internet access on local telephone services was provided; and service offerings had significantly increased in recent years. He stated that the sole major exception to Cox's high level of service continued to be their inability to provide consistent coverage of City Council meetings due to an inadequate service connection with the Media One system. He identified eight issues that staff recommended be addressed in the Cox franchise renewal proposal, and noted that Cox would be given 120 days to provide a proposal to the City vs. the 90 days stated in Resolution No. 99-49. Council/staff discussion followed regarding Cox invoices were required to have the franchising authority's telephone number for customer complaints, Cox internal complaint records were provided to the City upon request, a legal opinion would be rendered on Proposition 218's impact on franchise fees, and open Internet access language in the renewal proposal. Mayor Worley stated that other cities were adopting regulations prohibiting monopoly of cable Internet access and felt it was important that Tustin join those groups, Tustin residents needed to be protected in the future from paying excessive fees for an Internet service provider, requested that the renewal proposal contain language requiring open competition, and reported that the Cities of Los Angeles and San Francisco were in the process of requiring similar language. Joe Meyers responded that Los Angeles and San Francisco eventually acquiesced to AT&T and traded a system upgrade in exchange for the same contract language provision that Tustin staff was proposing, which was agreeing to provide open Internet access should it become available in any municipality. Council and Cox Communications representative, Dick Waterman, discussion followed regarding number of channels available, process used by Cox Communication before adding channels, and regular customer/business surveys were conducted to determine popularity of channels. Minutes -City Council August 16, 1999 -Page 3 Dick Waterman stated that regarding the open access issue, which Cox referred to as forced or mandatory access, the cable industry believed that to mandate opening of their facilities to others that cost millions of dollars was unfair, the Federal Government and most cities had declined to make that requirement, and he implored the City to explore both sides of this complex issue. Councilmember Saltarelli/speaker discussion followed regarding Cox providing access to other Internet carriers through Cox @ Home. Mayor Worley opened the Public Hearing at 8:20 p.m. There were no speakers and the Public Hearing was closed. It was moved by Thomas seconded by Saltarelli, to authorize staff to prepare and forward a letter requesting a franchise agreement renewal proposal from Cox Communications, Inc., which responds to issues identified by the City Council, citizens and staff. Motion carried 4-0, Potts absent. 400-10 CONSENT CALENDAR (ITEMS 3 THROUGH 8 It was moved by Saltarelli seconded by Thomas, to approve the Consent Calendar as recommended by staff. Motion carried 4-0, Potts absent. 3. APPROVAL OF MINUTES -AUGUST 2, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of August 2, 1999. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,438,706.97 and ratify Payroll in the amount of $391,704.17. 3so-lo 360-82 5. PLANNING COMMISSION ACTION AGENDA -AUGUST 9, 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 August 9, 1999. lzo-so 6. AWARD OF CONTRACT FOR WEED ABATEMENT SERVICES Recommendation: Authorize the Community Development Director to enter into a contract with Bob McGrann Construction for the removal of weeds from private property on an as-needed basis as recommended by the Community Development Department. 400-10 7. RESOLUTION NO. 99-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING FOR THE INCLUSION ON THE TAX ROLL OF CERTAIN REASSESSMENTS IN THE CITY OF TUSTIN REASSESSMENT DISTRICT N0. 95-2 (TUSTIN RANCH) Recommendation: Adopt Resolution No. 99-65 making changes in the amounts of certain assessments in the City of Tustin Reassessment District No. 95:2 (Tustin Ranch) and modifying the Reassessment Report, therefore approving the Third Supplemental Reassessment Report as recommended by the Finance Department. Sao-3o 8. RESOLUTION N0. 99-64 (APPLICANT: GREGORY BENNETT) - A RESOLUTION OF ' THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP 99-161 TO COMBINE THREE LOTS LOCATED AT 145, 155 AND 165 EL CAMINO REAL INTO ONE LOT FOR THE PURPOSE OF DEVELOPING A 10,712 SQUARE FOOT BUILDING Recommendation: Adopt Resolution No. 99.64 approving Final Parcel Map 99-161 subject to the conditions of approval identified in Exhibit A of Resolution No. 99-64 to the satisfaction of the Community Development and Public Works Departments and the City Attorney prior to recordation as recommended by the Community Development Department. boo-as Minutes -City Council August 16, 1999 -Page 4 REGULAR BUSINESS (ITEM 9 9. DESIGNATION OF HISTORIC PROPERTIES WITH PLAQUES Elizabeth Binsack, Director of Community Development, reported that the Cultural Resource Advisory Committee was recommending a plaque designation program to recognize historic properties and promote historic preservation. The Committee proposed that all properties listed in the Tustin Historical Resources survey be eligible, any Tustin resident/business owner could nominate an eligible property, nominations would be reviewed by the Committee, property owners were not obligated to purchase and/or display a plaque, and property owners who participated would use a designated manufacturer and be responsible for costs. It was moved by Saltarelli. seconded by Thomas, to approve implementation of a plaque designation program as recommended by the Cultural Resource Advisory Committee (Alternative 1). 670-OS Motion carried 4-0, Potts absent. PUBLIC INPUT -None OTHER BUSINESS / COMMITTEE REPORTS Personal Messages -Councilmember Doyle sent personal messages to friends. Ohio State Football Team -Councilmember Saltarelli commented to the Director of Community Development that it was fortunate Ohio State would be playing a UCLA team missing eleven of their starters. Serrano Development Street Gutters -Mayor Pro Tem Thomas reported that children ' living in the Serrano development were being injured from slippery street gutters, noted the problem was sludge build-up from residents' excessive watering, and requested clarification if the problem was the responsibility of the homeowners association or the City. September 20th City Council Meeting -Mayor Pro Tem Thomas reported he would be absent from the September 20, 1999, City Council meeting due to a business commitment. Senior Center Volleyball Team -Mayor Worley reported the Senior Center volleyball team would be traveling to Florida to compete in a tournament and wished them success. Concerts in the Park -Mayor Worley noted the Concerts in the Park would conclude on August 18 and commended Pacific Bell for their $5,000 sponsorship of the event. Burger King -Mayor Worley stated the Burger King on Red Hill Avenue had opened and was operating successfully: CLOSED SESSION -None ADJOURNMENT -Mayor Worley adjourned the meeting at 8:28 p.m. The City Council had scheduled a joint meeting with the Tustin Unified School District Board of Education on August 30, 1999, at 7:00 p.m. in the Community Center; and the next regular meeting of the City Council was scheduled for Tuesday, September 7, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. I, l) ~K PAMELA STOKER, CITY CLERK ~' TRACY WILLS RLEY, MAYOR Minutes -City Council August 16, 1999 -Page 5