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HomeMy WebLinkAboutCC MINUTES 1997 08 04MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA AUGUST 41 1997 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Thomas at 7:07 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Worley. ,..INVOCATION The Invocation was given by Rev. Allan Waterson, Aldersgate United Methodist Church. ROLL CALL Council Present: Jeffery M. Thomas, Mayor Thomas R. Saltarelli, Mayor Pro Tem Mike Doyle Jim Potts Tracy Wills Worley Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Elizabeth Binsack, Director of Com. Development Fred Wakefield, Police Captain Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Mike Henley, Director of Community Services Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Com. Development Martin Pastucha, Field Services Manager Valerie Crabill, Chief Deputy City Clerk Bettie Correa, Senior Personnel Analyst Joe Meyers, Administrative Assistant Dave Gottlieb, Senior Project Manager Dana Ogdon, Senior Project Manager Approximately 15 in the audience PROCLAMATIONS FORMER PLANNING COMMISSIONERS: LOU BONE AND DAVID VANDAVEER; FORMER PARRS AND RECREATION COMMISSIONER: ROBERT SCHULTZ; FORMER CULTURAL RESOURCES ADVISORY COMMITTEE MEMBER: JEFF THOMPSON; AND FORMER AUDIT COMMITTEE MEMBER: AL SHIFBERG-MENCHER Mayor Thomas read and presented proclamations to Lou Bone and David Vandaveer, former Planning Commissioners; Robert Schultz, former Parks and Recreation Commissioner; Al Shifberg-Mencher, former Audit Committee Member; and Jeff Thompson, former Cultural Resources Advisory Committee Member. Dave Vandaveer thanked Council for the proclamation; stated it had been a pleasure serving the community; and said he was confident the new Planning Commission would perform well. Lou Bone thanked Council for his past appointment to the Planning Commission; remarked on meeting new people and making new friends; """ and requested that Council address televising Planning and Parks and Recreation Commission meetings. Robert Schultz thanked Council for the proclamation; stated it had been a pleasure serving the City; commended staff and Council; and said he was moving out of the City but would return to participate in community events. Jeff Thompson thanked Council for the past appointment to the Cultural Resources Advisory Committee; remarked on the Committee's inception and growth; and said it had been a great experience to be a part of developing the Cultural Resources Advisory Committee guidelines. Al Shifberg-Mencher thanked Council and the community for the honor of serving the City; recommended residents serve on City CITY COUNCIL MINUTES Page 2, 8-4-97 Commission/Committees; and thanked his family, clients, and his mentor, Jerry Weil. Mayor Thomas thanked all the former Commission/Committee members for their service to the community. PRESENTATION ORANGE COUNTY UPDATE BY SUPERVISOR THOMAS WILSON Thomas Wilson, Orange County Supervisor, Fifth District, commented on City volunteers and the support they give to the community; commended Council for recognizing volunteers; and remarked on his attendance at Tustin Thunder. He stated his support for open communication between the County and cities he represented; noted issues he was currently involved in with the City; encouraged residents to telephone his office with any concerns they may have; said he would continue faxing Fifth District Updates after Orange County Board of Supervisors meetings to City Halls; noted public hearings would be conducted regarding the County's budget; stated a special Local Reuse Authority meeting would be held on August 12, 1997; and emphasized his accessibility to the public. Mayor Thomas noted that Supervisor Wilson had held office hours at City Hall recently and was pleased that he had addressed Council and the community this evening. Mayor Pro Tem Saltarelli remarked on Supervisor Wilson's commitment to the Fifth District and his empathy for City issues; and thanked him for his support. PUBLIC INPUT - None PUBLIC HEARING ( ITEM 1 ) 1. PLACING ASSESSMENTS FOR SOLID WASTE COLLECTION ON THE 1997-98 TAX ROLL Ronald Nault, Director of Finance, reported that staff had completed an analysis of the rate proposal provided by Great Western Reclamation; based on the analysis, the proposed rate for residential units was $12.17 per month; residents on last year's tax roll would be charged $12.08; the fee difference would be paid by surplus funds from the City's trash fee clearing account; and new customers on this year's tax roll would be charged $12.17. Council/staff discussion followed regarding Tustin's trash rates were below the County median; residential total solid waste tonnage; landfill disposal fee adjustments; $10.50 per ton was the fixed rate of return on material recovery (MRF); the City would conduct a franchise audit on Great Western Reclamation; the franchise contract stipulated the contractor was eligible for a rate increase; the necessity to place the rate adjustment fees on the tax roll immediately; there was not a capital cost to the City for MRF; the continuous change in the market for recyclable products; and recycling cardboard and glass. The following member of the audience spoke regarding separating _ recyclable items and the increased costs associated with product separation; and investigating the impact of meeting AB 939 recovery rate requirements utilizing recycle product separation: Gay Soroka, Great Western Reclamation Mayor Thomas re -opened the continued Public Hearing at 7:45 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Worley, seconded by Saltarelli, to adopt the following Resolution No. 97-69 placing assessments for solid waste collection on the tax roll for fiscal year 1997-98: RESOLUTION NO. 97-69 - A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF CITY COUNCIL MINUTES Page 3, 8-4-97 SECTION 5473 ET SEQ. OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA, APPROVING AND ADOPTING A REPORT RELATIVE TO PARCELS OF REAL PROPERTY RECEIVING SOLID WASTE COLLECTION SERVICES AND DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION TO BE ASSESSED AGAINST THE RESPECTIVE LOTS OR PARCELS OF LAND AS THEY APPEAR ON THE CURRENT ASSESSMENT ROLL Motion carried 5-0. 830-50 r� CONSENT CALENDAR ( ITEMS 2 THROUGH 13 ) Items No. 7, 10, and 11 were removed from the Consent Calendar by Mayor Thomas and Councilmember Doyle. It was moved by Potts, seconded by Worley, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES - JULY 21, 1997 REGULAR MEETING Recommendation: Approve the City Council Minutes of July 21, 1997. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,527,886.56 and ratify Payroll in the amount of $362,555.73. 380-10 4. 1997-98 PROPOSED BUDGET, TUSTIN FAMILY & YOUTH CENTER 360-82 Recommendation: Adopt the 1997-98 part-time employee budget for the Tustin Family & Youth Center in the amount of $25,425.00 as recommended by the Community Services Department. 930-40 5. PLANNING COMMISSION ACTION AGENDA - JULY 28, 1997 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 28, 1997. a 120-50 6. RESOLUTION NO. 97-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING NUISANCE ABATEMENT FEES UNDER THE CITY'S SHOPPING CART NUISANCE ABATEMENT REGULATIONS Recommendation: Adopt Resolution No. 97-70 establishing fees to track, retrieve, store, and/or abate shopping carts as recommended by the Community Development Department. 390-50 8. RESOLUTION NO. 97-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THAT THE ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES SPONSOR LEGISLATION TO ADDRESS. LOCAL GOVERNMENT PROVISIONS RELATING TO ABANDONED SHOPPING CART RETRIEVAL Recommendation: Adopt Resolution No. 97-77 requesting the League of California Cities sponsor State legislation to address local government provisions relating to shopping cart retrieval as recommended by the Community Development Department. 440-10 9. RESOLUTION NO. 97-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE INDUSTRIAL DISABILITY OF W. DOUGLAS FRANKS Recommendation: Adopt Resolution No. 97-78 approving and certifying to the Public Employees Retirement System the determination of the Retirement Review Board that W. Douglas Franks is eligible for an industrial disability retirement as recommended by Personnel Services. 520-60 12. PURCHASE OF NYLON GUN BELT GEAR Recommendation: Appropriate $10,990.50 from Proposition 172 funds for the purchase of lightweight nylon gun belt equipment as recommended by the Police Department. 380-40 13. RESOLUTION NO. 97-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR PUBLIC BENEFIT CONVEYANCE TO THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR PROPERTY LOCATED AT CLOSING MCAS TUSTIN Recommendation: Adopt Resolution No. 97-76 authorizing the submittal of an application for public benefit conveyance to the Federal Department of Health and Human Services for the public CITY COUNCIL MINUTES Page 4, 8-4-97 benefit transfer of surplus Federal real property at Marine Corps Air Station Tustin for use as a storm drain by the City of Tustin as recommended by the Redevelopment Agency staff. 150-50 CONSENT CALENDAR ITEM NO. 7 - RESOLUTION NO. 97-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE LOCATION OF CERTAIN ALL -WAY STOP CONTROL INTERSECTIONS Mayor Thomas questioned if the subject location was the only intersection designated for all -way stop control on Pioneer Road. Tim Serlet, City Engineer, responded that as the area developed, further analysis would be conducted on other intersections in the area; however, this was the only location scheduled for an all -way stop control at this time. Council/staff discussion followed regarding traffic studies would be conducted for possible future signal control installation upon area development. It was moved by Thomas, seconded by Saltarelli, to adopt Resolution No. 97-75 authorizing the installation of all -way stop controls at the intersection of Pioneer Road/Peters Canyon Road/Finley Street (private). Motion carried 5-0. 760-60 CONSENT CALENDAR ITEM NO. 10 - ORANGE COUNTY COUNCIL OF GOVERNMENTS Mayor Thomas stated that Orange County Council of Governments meetings were scheduled once a year and suggested that the Mayor Pro Tem be appointed as an alternate member. It was moved by Potts, seconded by Worley, to appoint Mayor Thomas to serve as the City's representative to the Orange County Council of Governments. Motion carried 5-0. 140-40 CONSENT CALENDAR ITEM NO. 11 - REQUEST FOR A 30 -DAY BUSINESS LICENSE AMNESTY PERIOD FOR IN -CITY BUSINESSES Councilmember Doyle stated he received phone calls from two business owners who had paid past -due business license fees, including the penalty; and voiced his displeasure that an amnesty was offered months after penalties were assessed and some business owners had paid the penalty. Council/staff discussion followed regarding offering a rebate and retroactive amnesty to those who had paid the business license penalty. William Huston, City Manager, explained that business license delinquency notices were not a mandatory requirement, however, the City had been successful in notifying businesses of license delinquencies; conversion to a new computer system had created delayed release of delinquency notices; and stated that refunds/credits could be issued to businesses who had paid the penalty. It was moved by Potts, seconded by Worley, to approve a 30 -day Business License Amnesty Program and issue rebates/credits for delinquent business licenses paid after February 1, 1997. Motion carried 5-0. REGULAR BUSINESS ( ITEMS 14 THROUGH 17 ) 390-35 14. ORDINANCE NO. 1182, THIRD AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT It was moved by Doyle, seconded by Saltarelli, to have second reading by title only and adoption of Ordinance No. 1182. The City Clerk read the following Ordinance No. 1182 by title only: CITY COUNCIL MINUTES Page 5, 8-4-97 16. ORDINANCE NO. 1182 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT, AS DEFINED BY SECTION 65865.2 OF THE CALIFORNIA GOVERNMENT CODE, BETWEEN THE CITY OF TUSTIN AND THE IRVINE COMPANY PERTAINING TO DEVELOPMENT WITHIN THE EAST TUSTIN SPECIFIC PLAN AREA Motion carried 5-0 (roll call vote). ORDINANCE NO. 1183, APPROVING ZONE CHANGE 96-003 400-10 It was moved by Dovle seconded by Saltarelli, that Ordinance No. 1183 have second reading by title only. Motion carried 5-0. It was moved by Saltarelli seconded by Doyle, to adopt Ordinance No. 1183. The City Clerk read the following Ordinance No. 1183 by title only: ORDINANCE NO. 1183 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 96-003 TO CHANGE THE ZONING DESIGNATION AND THE EAST TUSTIN SPECIFIC PLAN LAND USE PLAN ON LOT 27, TRACT 13627 WITHIN THE EAST TUSTIN SPECIFIC PLAN AREA, INCLUDING TEXT AND STATISTICAL SUMMARY REVISIONS TO THE EAST TUSTIN SPECIFIC PLAN Motion carried 5-0 (roll call vote). VACANCY ON THE PARKS AND RECREATION COMMISSION 610-60 Mayor Thomas announced that the Parks and Recreation Commission vacancy was due to the resignation of Robert Schultz. City Council cast votes for the following Parks and Recreation Commission candidates: Cheryl Bell, Michael Bova, Jim Brush, Loretta Madrid, Cecilia Novella, Robert Ramos, and Katie Wilson. The ballots were cast as follows for one vacancy: Thomas Bova Saltarelli Bova Doyle Brush Potts Novella Worley Bova Michael Bova (3 votes) was appointed to the Parks and Recreation Commission. 120-40 17. APPOINTMENT OF TUSTIN AREA SENIOR CENTER (TASC) ADVISORY BOARD MEMBER TO ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) SPECIAL NEEDS IN TRANSIT ADVISORY COMMITTEE It was moved by Potts seconded by Doyle, to approve the appointment of Dee Dyball as representative of the Special Needs in Transit Advisory Committee as recommended by the TASC Advisory Board. Motion carried 5-0. 125-60 PUBLIC INPUT - None OTHER BUSINESS/COMMITTEE REPORTS TUSTIN AREA SENIOR CENTER Councilmember Potts reported that Jack Grace, representing the Senior Center, had requested installation of windows at various locations in the Senior Center and replacement of the carpeting, and staff was in the process of working on these requests. CITY COUNCIL MINUTES Page 6, 8-4-97 FIRE AUTHORITY BOARD IMPLEMENTED 3% RAISE Councilmember Worley reported that the Orange County Fire Authority Board, due to labor negotiation impasse, had implemented a 3% raise for firefighters; firefighters had requested a 10% raise; clarified that reserves held by the Fire Authority were needed for capital improvement projects and purchase of new vehicles; and stated that the decision had been difficult but fair to the firefighters. TUSTIN SPORTS PARR Councilmember Worley requested installation of a tennis court scheduling chalkboard at the Sports Park due to the high volume of participation. Mayor Pro Tem Saltarelli requested agendizing at the August 18, 1997 Council meeting, installation of a tennis court scheduling chalkboard at the Sports Park. ORANGE COUNTY SUPERVISOR WILSON Mayor Pro Tem Saltarelli commended Supervisor Wilson for not only making a presentation to the City Council but staying for the duration of the meeting. He also reminded Supervisor Wilson that the County had pledged to make the schools financially whole following the bankruptcy and urged the Supervisors to remember that commitment. Mayor Thomas thanked Supervisor Wilson for his presentation and requested his assistance to proceed with the North Tustin annexation process. TUSTIN THUNDER Mayor Pro Tem Saltarelli remarked on the success and fun of the Tustin Thunder event. Mayor Thomas commented on enjoyment and hot weather at the Tustin Thunder event. ORANGE COUNTY BUSINESS JOURNAL ARTICLE Mayor Thomas remarked on an article in the Orange County Business Journal regarding Proposition 218 that commended the City of Tustin's unique approach to trash rates. ORANGE COUNTY INVESTMENT POOL Mayor Thomas requested agendizing discussion of the City reinvesting funds in the Orange County Investment Pool at a future Council meeting. SOUTHWEST FLOOD CONTROL CHANNEL Mayor Thomas requested agendizing at the joint meeting with the Tustin Unified School Board on September 29, 1997, the Southwest _ Flood Control Channel proposal. CLOSED SESSION Mayor Thomas announced that the City Council would convene in closed session to confer with the City Attorney regarding: (1) W.D. Franks vs. City of Tustin, et.al (WCAB) AHM 0040436; (2) California Landscape Maintenance Co. vs. City of Tustin, O.C. Municipal Court, Case No. 97CV002357; and (3) Claim of D.S. Richard (Claim No. unassigned), the claim can be reviewed at the City Clerk's office. CITY COUNCIL MINUTES Page 7, 8-4-97 ADJOURMMW Mayor Thomas adjourned the meeting at 8:05 P.M. The next regular meeting of the City Council was scheduled for Monday, August 18, 1997, at 7:00 p.m. in the Council Chambers at 300 Centennial Way.