Loading...
HomeMy WebLinkAboutCC MINUTES 1998 02 17 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA FEBRUARY 17, 1998 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Thomas at 7:00 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Potts. The Invocation was given by Councilmember Worley. ~ROLL~ CALL Council Present: Jeffery M. Thomas, Mayor Mike Doyle Jim Ports Tracy Wills Worley Council Absent: Thomas R. Saltarelli, Mayor Pro Tem City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christins Shingleton, Assistant City Manager George Jeffries, City Treasurer Elizabeth Binsack, Director of Com. Development Steve Foster, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Com. Development Martin Pastucha, Field Services Manager Valerie Crabill, Chief Deputy City Clerk Robert Schoenkopf, Police Captain ' Gary Magill, Recreation Superintendent Gary Veeh, Water Services Manager ~--~ Approximately 10 in the audience PROCLAMATION TUSTIN UNIFIED SCHOOL DISTRICT INVENTION CONVENTION AND IRVINE VALLEY COLLEGE ASTOUNDING INVENTIONS COMPETITION WINNERS Mayor Thomas read and presented proclamations to Invention Convention winners: Lucia Delavega, Eric Larson, Jason Sarkozi; Astounding Inventions of the Future winners: Patrick Baker, John Bodylski, Daisy Chen, Aaron Cohodas, Angel ica Cortes, Megan Daniels, Elizabeth Darlington, Devin Gallagher, Alyse Ishino, Matthew Kawashima, Brian Leininger, Mike Rosenberg, Michelle Shinto; and Invention Convention and Astounding Inventions of the Future winners: Heather Kasparian, James Kim, Madison Morris. Each winner displayed and/or explained their invention to the audience and received congratulations from the Mayor. Councilmember Worley noted how rewarding it was for parents to be involved with their children in the Invention Convention; commented on the students' creative imaginations; the Invention Convention was a commendable event; and congratulated all students who participated. "'~ PUBLIC INPUT - None PUBLIC HEARING ( ITEM 1 ) 1. ORANGE COUNTY FIRE AUTHORITY DRAFT REQUEST FOR PROPOSAL FOR EMERGENCY MEDICAL TRANSPORTATION AND ESTABLISHMENT OF AN ADVANCED LIFE SUPPORT SERVICE CHARGE Robert Schoenkopf, Police Captain, introduced Orange County Fire Authority Battalion Chief Ron Blaul. Battalion Chief Blaul reported that the proposed Request for Proposal (RFP) included contracting for ambulance services in the City and establishment of an Advanced Life Support (ALS) fee to reimburse the Fire Authority for the cost of providing paramedic services during transportation to the hospital. He stated the CITY COUNCIL MINUTES Page 2, 2-17-98 ambulance companies would bill and collect the ALS fees and forward to the Fire Authority an amount equivalent to the cost of providing the paramedic follow-up services; and the RFP would designate the Fire Authority to act on behalf of the City as the contracting agency to enter into a contract for emergency services, would amend the City's existing ambulance ordinance definition of "Fire Chief" to that of "Fire Chief of the Orange County Fire Authority," and would include establishment of the ALS service charge. Mayor Thomas opened the Public Hearing at 7:30 p.m. There were no speakers on the subject and the Public Hearing was closed. Councilmember Worley remarked on the extensive analysis conducted by the Orange County Fire Authority regarding ALS fees and ambulance transport; and supported approval of the RFP with exclusion of the anti-lobbying provision. Councilmember Potts stated his concern that smaller ambulance companies could not compete against larger companies for the service areas and supported the anti-lobbying provision in the RFP for that reason; the ALS fee appeared to be another tax; and he was worried the ALS fee would be increased in the future. Council/Battalion Chief Blaul discussion followed regarding the anti-lobbying provision; ALS fee; 27 Orange County ambulance service areas existed; each service area would be individually evaluated; Doctor's Ambulance currently serviced Tustin; and the RFP process. Mayor Thomas stated elected officials could be influenced by contributions made by ambulance service providers and acknowledged the reasoning for the anti-lobbying provision in the RFP; however, he noted state government codes regulated contributions to elected officials. Councilmember Doyle stated his opposition to the proposed option of the Fire Authority as the contracting agency; he supported the ALS fee; and stressed the importance of the City remaining the contract authority. Council/Battalion Chief Blaul/staff discussion followed regarding the ambulance service areas were coterminous with municipal boundaries; the contracting authority would review and rate the proposals; the City's lack of medical expertise to grade ambulance providers; and the length of ambulance provider contracts. It was moved by Doyle, seconded by Potts, that the City of Tustin retain authority to select and award a contract to a qualified bidder under the Request for Proposal for Emergency Transportation Services. Motion carried 4-0, Saltarelli absent. William Huston, City Manager, clarified that the ALS fees were based on the cost of providing the service and could not be arbitrarily increased. It was moved by Worley, seconded by Potts, to adopt the Draft Request for Proposal and eliminate the anti-lobbying provision. Motion carried 4-Q, Saltarelli absent. 240-50 It was moved by Potts, seconded by Worley, to have first reading by title only and introduction of Ordinance No. 1195. Motion carried 4-0, Saltarelli absent. The City Clerk read the following Ordinance No. 1195 by title only: ORDINANCE MO. 1195 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 3421.5 AND 3426.2 OF ARTICLE 3, CHAPTER 4, PART 2 OF THE TUSTIN MUNICIPAL CODE CITY COUNCIL MINUTES Page 3, 2-17-98 REGARDING THE REGULATION AND OPERATION OF AMBULANCES WITHIN THE CITY Councilmember Worley reported the Fire Authority Board of Directors studied the ambulance transportation issue throughout the State and determined that Orange County was one of the least expensive counties for ambulance transportation, and ambulance response times were excellent. CONSENT CALENDAR (ITEMS 3 THROUGH 9) It was moved by Doyle, seconded by Worley, to approve the Consent Calendar as recommended by staff. Motion carried 4-0, Saltarelli absent. 2. APPROVAL OF MINUTES - FEBRUARY 2, 1998 REGULAR MEETING Recommendation: Approve the City Council Minutes of February 2, 1998. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $590,554.86 and ratify Payroll in the amount of $350,040.97. 380-10 360-82 4. RESOLUTION NO. 98-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE DIRECTOR OF PUBLIC WORKS AS CITY'S AGENT FOR THE SUBMITTAL OF'THE HMGP APPLICATION TO THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE IRVINE BOULEVARD STORM DRAIN PROJECT, CIP/RDA PROJECT NO. 900024 Recommendation: Adopt Resolution No. 98-13 designating the Director of Public Works/City Engineer as the City's agent to provide to the Governor's Office of Emergency Services all matters pertaining to the Hazard Mitigation Grant Program and approve Item No. 26 of the application as recommended by the Public Works Department/Engineering Division. 660-10 5. AWARD OF CONTRACT FOR ANNUAL ASPHALT CONCRETE REHABILITATION AND SLURRY SEAL PROJECT, FY 1997-98 (CIP NO. 700001) Recommendation: Award the fiscal year 1997-98 Asphalt Concrete Rehabilitation and Slurry Seal Project contract to Roy Allan Slurry Seal, Inc. in the amount of $475,266.80 and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/ Engineering Division. 400-45 6. PURCHASE OF PROPERTY AT 275 E. MAIN STREET AND CERTIFICATION OF NEGATIVE DECLARATION FOR MAIN STREET FACILITIES Recommendation: (1) Adopt the following Resolution No. 98-14 certifying a Negative Declaration for construction of the Main Street Reservoir, renovation of the Main Street water facilities and acquisition of the property at 275 E. Main Street, and (2) Approve the Agreement to Purchase Real Property at 275 E. Main Street between William D. Dickinson and Jeanine M. Dickinson, trustees for the Dickinson Family Trust, and the City of Tustin, and authorize the Assistant City Manager to execute all documents as recommended by the Public Works Department/Engineering Division: RESOLUTION NO. 98-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR THE MAIN STREET WATER FACILITIES, PROJECT NOS. 600103 AND 600108 490-10 7. RESOLUTION NO. 98-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE EAST TUSTIN LANDSCAPE REPLACEMENT PROJECT Recommendation: Adopt Resolution No. 98-15 approving plans and specifications and authorizing advertisement for bids for the project subject to approval of the fiscal year-1997-98 mid-year budget as recommended by the Public Works Department/Field Services Division. 400-45 8. PROGRESS REPORT ON CEDAR GROVE PARK AND HERITAGE PARK Recommendation: Receive and file subject report as recommended by Parks and Recreation Services. 920-35 920-65 CITY COUNCIL MINUTES Page 4, 2-17-98 9. PLANNING COMMISSION ACTION AGENDA - FEBRUARY 9, 1998 All actions of the Planning Commission become final unless appealed by the City Council ormember of the public. Recommendation: Ratify the Planning Commission Action Agenda of February 9, 1998. 120-50 REGULAR BUSINESS (ITEMS 10 AND 11) 10. 1997-98 MID-YEAR BUDGET REVIEW Council concurred to conduct a Capital Improvement Project budget workshop on April 6, 1998, at 5:30 p.m. It was moved by Doyle, seconded by Potts, to 1) Transfer an additional $500,000 from the General Fund to the Liability Fund to fund the minimum acceptable reserves of $750,000 as required by the Orange County Cities Risk Management Authority, total 1997-98 transfer will be $1 million; 2) Transfer $1.5 million from the Unappropriated Reserves of the General Fund to the Capital Improvement Fund to accumulate reserves for the proposed Seven Year Capital Program; 3) Transfer $500,000 from the Unappropriated Fund Balance of the General Fund to the Park Development Fund; 4) Appropriate $260,000 for the East Tustin Landscape Replacement Program; and 5) Appropriate $200,000 from the Unappropriated Fund Balance of the Measure "M" Turnback Fund for preliminary work on the Edinger Widening Project, Red Hill to Jamboree Road. Motion carried 4-0, Saltarelli absent. 330-50 11. URGENCY ORDINANCE NO. 1196 - CONSIDERATION OF THE CITY OF TUSTIN COMPREHENSIVE SEXUALLY ORIENTED BUSINESS ORDINANCE Elizabeth Binsack, Director of Community Development, reported that due to changes in case law in recent years, the City's municipal code regarding sexually oriented/adult businesses did not adequately regulate these uses and due to the number of inquiries to establish sexually oriented/adult businesses in the City, an urgency ordinance to address these uses was necessary. She stated U.S. Supreme Court rulings protected sexually oriented/adult businesses under the First Amendment; cities were permitted to locate the businesses in certain areas and regulate negative secondary effects associated with these uses on adjacent neighborhoods; case studies of the negative effects of sexually oriented/adult businesses, such as increased crime and decreased property values, were available for review; and commented on .various cities' approaches to regulate the secondary effects. She summarized the proposed ordinance including five zoning districts were permitted areas to locate sexually oriented/adult businesses in the City; a 500 foot distance was required from sensitive uses such as churches, schools, residences, Boys and Girls Clubs, and between two sexually oriented businesses; establishment of advertising, lighting, security, and operational requirements; business operating times were prohibited between 12 a.m. and 9 a.m.; background investigations on owners and employees were required; and application and annual permit fees were also required. She said there were no sexually oriented/adult businesses operating in the City and there were no pending applications. She noted the negative effects of these business uses upon other Orange County cities; the importance of approving the proposed urgency ordinance in order to regulate sexually oriented/adult businesses in the City; if adopted, the urgency ordinance would be effective for 45 days; a public hearing would be conducted at the March 2, 1998 Council meeting to extend the urgency ordinance for 22 months; and all .public noticing requirements had been met. It was moved by Ports, seconded by Worley, to have first reading by title only and introduction of Ordinance No. 1196. Motion carried 4-0, Saltarelli absent. 480-20 Following first reading by title only by the City Clerk, the following Ordinance No. 1196 was adopted by a 4-0 roll call vote (Saltarelli absent): CITY COUNCIL MINUTES Page 5, 2-17-98 ORDINANCE NO. 1196 - AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A COMPREHENSIVE ORDINANCE TO: DISPERSE AND LIMIT SEXUALLY ORIENTED BUSINESSES TO SPECIFIED ZONING DISTRICTS; LICENSE AND REGULATE SEXUALLY ORIENTED BUSINESSES AND EMPLOYEES; PROVIDE ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES; AND, REPEAL SECTIONS INCONSISTENT THEREWITH PUBLIC INPDT - None OTHER BUSINESS WORKSHOP - CULTURAL RESOURCES OVERLAY DISTRICT EXPANSION Councilmember Doyle encouraged residents to attend the February 24, 1998 workshop on the possible expansion of the Cultural : Resources Overlay District. GOOD CITIZEN AWARD Councilmember Doyle reported the Good Citizen Award was progressing with first presentation tentatively scheduled for March 1998. POST OFFICE Mayor Thomas reported a letter had been received from Congressman Cox stating the federal government had no future plans to build a new post office in Tustin or renovate the current facility. Councilmember Potts requested agendizing discussion of the post office issue. COUNCIL MEETING DATES Mayor Thomas noted there were several Monday holidays during the year and suggested Council agendize discussion of changing Council meeting dates to Tuesdays. COMMITTEE REPORTS TUSTIN LIBRARY TASK FORCE Councilmember Worley reported the Tustin Library Task Force would be touring new Orange County libraries;and she was very impressed with Tustin's library consultant. CLOSED SESSION Mayor Thomas announced that the City Council would convene in closed session to confer with the City Attorney: (1) regarding pending litigation to which the City was a party, William D. Franks v. City of Tustin, City Manager William Huston, SACV 97-794(GLT); W.D. Franks v. City of Tustin, 97CV009289; and W.D. Franks v. City of Tustin, AHM 0040436; (2) regarding public employee performance evaluation - City Manager; and (3) regarding conference with negotiator (to be designated by City Council) and unrepresented employee, the City Manager. Mayor Thomas adjourned the meeting at 8:34 p.m. The next regular meeting of the City Council was scheduled for Monday, March 2, 1998, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. STOKER, CITY CLERK