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HomeMy WebLinkAbout02 MINUTES 10-18-99 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA OCTOBER 4, 1999 NO. 2 10-18-99 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Worley at 7:03 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Tustin Girl Scout Flag Patrol and the Invocation was given by Mr. Steve Garrison. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Tracy Wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem Mike Doyle Jim Potts (left at 8:45 p.m.) Thomas R. Saltarelli None Pamela Stoker William A. Huston, City Manager Christine Shingleton, Assistant City Manager Lois Jeffrey, City Attorney Elizabeth Binsack, Director of Community Development Steve Foster, Chief of Police Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Jim Draughon, Senior Project Manager Joe Meyers, Senior Management Analyst Valerie Crabill, Chief Deputy City Clerk Justina Willkom, Associate Planner Approximately 90 in the audience PUBLIC INPUT Street Name Change - Al Enderle, 13722 jUdy Anne Lane, Santa Ana; Roberta Cleary, 69-411 Ramon Rd., Cathedral City; and Joan Threadgill, 1963 Trotter Trail, Norco: presented a petition and requested correction of the street name from Bruno Drive to Bruns Drive in memory of Korean War veteran, John Bruns. Elizabeth Binsack, Director of Community Development, responded that this matter would be agendized for City Council consideration. Councilmember Saltarelli suggested that the letters received in support of the name change be forwarded to Bruno Drive residents. Proposed Parole Office . Erin Nielsen, 14462 Oxford, Tustin; Greg Moore, Laurelwood. resident, Tustin; and Janine Philips, Laurelwood resident, Tustin: Minutes - City Council October 4, 1999 - Page I expressed opposition t~ pro'posed State lease at one I~,,.ation in Tustin to establish a parole office. Mayor Worley explained that selection of these sites was very preliminary; she had personally spoken with the Regional Director; and of the three potential sites, the City had successfully eliminated two and would continue their efforts to eliminate the third locatiOn. REGULAR BUSINESS ( ITEM 14) - AGENDA ORDER 14. ABOVE GROUND CABINET DESIGN GUIDELINES AND ORDINANCE Mayor Worley requested this item be taken out of agenda order. It was moved by Doyle, seconded by Thomas, to continue this matter. Moti°n carried 5-0. PUBLIC HEARING (ITEM 1) ACTIONS RELATING TO JOINT PUBLIC HEARING IN CONNECTION WITH THE 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SOUTH CENTRAL AREA REDEVELOPMENT PROJECT Mayor Worley stated this was a joint session of the City Council and the Redevelopment Agency of the City of Tustin, the members of the City Council also sat as members of the Redevelopment Agency, and she was the Mayor of the City Council and the Chair of the Redevelopment Agency. She stated the purpose of this session was to hold a public hearing to take public testimony and comments on the 1999 Amendment to the Redevelopment Plan for the South Central Area Redevelopment Project. She noted that because at least one written objection to the 1999 Amendment had been received, action on the 1999 Amendment would be deferred until October 18, 1999, when the City Council and Redevelopment Agency would first consider the written objections and the Agency staff's written responses to written objections prior to taking action on the Ordinance adopting the 1999 Amendment. At 7:20 p.m., Mayor Worley called to order the joint session of the Redevelopment Agency and the City Council of the City of Tustin. The City Clerk recalled the roll of the City Council and called the roll of the Redevelopment Agency. All members of the City Council and Redevelopment Agency were present. Mayor Worley stated that, prior to opening the public hearing, the Redevelopment Agency was requested to approve the transmittal of the proposed 1999 Amendment and the "Report to City Council" to the City Council. It was moved by Chair Pro Tem Thomas, seconded by Agencymember Saltarelli, to approve the transmittal of the Redevelopment Agency documents to the City Council. Motion carried 5-0. Minutes - City Council October 4, 1999 - Page 2 Mayor Worley opened the joint public hearing at 7:23 p.,,].; stated, as the Mayor, it was her responsibility to preside over the joint public hearing; and announced the purpose of the hearing was to consider: (1) the proposed 1999 Amendment to the Redevelopment Plan for the South Central Area Redevelopment Project; (2) the Report to the City Council on the proposed 1999 Amendment, and (3) all evidence and testimony for and against the adoption of proposed 1999 Amendment. She stated notice of the joint public hearing had been mailed and published' as required by law; emphasized that tonight's 1999 Amendment discussion was only to re-establish the Agency's authority for eminent domain and did not propose to change any boundaries or other actions for the South Central Redevelopment Project Area; copies of the tape recordings and minutes of the meeting would be available from the City Clerk; persons making statements and giving testimony would be subject to questions through the Chair; all persons desiring to speak in favor or.opposition to the proposed 1999 Amendment would be given an opportunity to do so; and she read the Order of Procedures for conducting the public hearing. Christine Shingleton, Assistant City Manager, reported that the proposed 1999 Amendment would facilitate the continued mitigation of substandard conditions in the South Central Redevelopment Project area; the completion of redevelopment implementation activities in the area; and the achievement of the goals, objectives and programs identified in the Redevelopment Agency's Five Year Implementation Plan. She noted that i.n accordance with Redevelopment Law, a public hearing was required; because written objections had been received, action beyond the public hearing would be deferred until October 18, 1999; written responses to the objections would be presented at that time; the City Council and Agency had received the proposed 1999 Amendment and Report to the City Council; the Amendment reflected the proposed revision to the existing Plan; the Report addressed reasons for the 1999 Amendment and provided other information in accordance with Redevelopment Law; prior to the OctOber 18th meeting, the Council and Agency would receive the Negative Declaration completed .for the 1999 Amendment and the Ordinance adopting the 1999 Amendment; and there was no fiscal impact, at this time, related to the proposed 1999 Amendment. Jim Draughon, Senior Redevelopment Project Manager, reported that the joint public hearing was for the proposed 1999 Amendment to the South Central Redevelopment Plan as required under State Redevelopment Law to re-establish eminent domain authority in the Project Area; stated public notices were mailed and published; eminent domain was authorized for 12.year periods and re-established through the plan amendment process; eminent domain authority was previously provided to the Agency with the adoption of the South Central Redevelopment Plan in 1983 and adoption of the Second Amendment in 1985; and the Agency's eminent domain authority had recently expired. He stated that the authority would provide the Agency flexibility, including the ability to extend certain tax advantages in its negotiations with property owners in the Project Area; was necessary to complete the redevelopment and revitalization activities in the Project Area; and described Agency activities in the Project area, residential rehabilitation grant and loan programs, and projects funded by the Agency. Minutes - City Council October 4, 1999 - Page 3 Mr. Draughon stated the City Council had initiated the process for amending the South Central Redevelopment Plan on April 5, 1999 with adoption of the Procedure for Formation and Election of the Project Area Committee (PAC); he outlined the PAC's purpose, election process, and membe.rship requirements; stated the current PAC was elected on June 2, 1999, and would serve 3 year terms; the PAC held two public meetings to review the proposed 1999 Amendment and documents related to the Redevelopment Plan; and a third PAC public information meeting was held to disseminate information, respond to questions and hear public comments regarding the proposed 1999 Amendment. He described the primary concerns expressed by the public at the information meeting and staff's response to those concerns; noted that at the conclusion of the information meeting, the PAC voted to recommend to the City Council adoption of the 1999 Amendment by a 6 to 3 vote; stated the Redevelopment Agency's past use of eminent domain was limited to two cases and described those projects; and emphasized that eminent domain was only a last resort option available to the Agency that required both lengthy proceedings and substantial findings by the City Council in order to approve proceeding with an eminent domain action. Mr. Draughon reported that the proposed 1999 Amendment included the following text change: "In the event that eminent domain proceedings shall become necessary, they must be commenced no later than twelve years from the effective date of the ordinance adopting the 1999 Amendment to the Redevelopment Plan for the South Central Area Redevelopment Project. Such limitation may only be extended by amendment of the Plan.";. and the foregoing text change was the only action under the proposed 1999 Amendment. Kathleen Rosenow, representing Rosenow Spevacek Group, stated that the Report to the City Council was a requirement of law; the Report contained references to 1983 and 1985 documentation because most of those findings remained pertinent; the most significant new information in the Report was the summary of Pr:oject Area Committee proceedings and minutes; and with City Council receipt of the Report, the necessary legal process had been concluded. Lois Jeffrey, City Attorney, read the ten (10) major evidentiary findings of the proposed ordinance adopting the 1999 Amendment to the South Central Redevelopment Plan. Mayor Worley requested written comments on the 1999 Amendment be submitted for the record. The City Clerk read written comments from the following: Dr. Robert Chick- 16811 Baruna Lane, Huntington Beach Andrew Fesler - Palmieri, Tyler, Wiener, Wilhelm & Waldron Law Offices The following member of the audience spoke in favor of the 1999 Amendment: Carl Thielmann, 15732 Pacific Street, Tustin Minutes - City Council October 4, 1999 - Page 4 The following members o~ Lne audience spoke in opposition, [o the 1999 Amendment: Dean Karels, 17191 Corla, Tustin John Landolfi, 15611 Myrtle Avenue, Tustin Steve Moore, 1001 E. Edinger, Tustin Todd Nielsen, 15822 Pasadena Avenue, Tustin Tim Manahan, 1032 Andrews Street, Tustin Speaker Karels/staff/Council discussion followed regarding the Agency not currently having eminent domain authority in the South Central Redevelopment Project Area; formation, proceedings and purpose of the Project Area Committee; the City Council would make the final decision regarding adoption of the 1999 Amendment on October 18, 1999; the City had eminent domain authority for twelve years and this joint session was to re-establish that authority; past mishandling of redevelopment funds by other cities; the Project Area Committee's lack of eminent domain authority; the City Council and Redevelopment AgencY were separate entities; and a 4/5ths vote of the City Council was required to condemn property. Christine Shingleton, Assistant City Manager, in response to speaker Moore's statement that blighted conditions did not exist in the South Central Project Area, stated there was substantial documentation in the Report to the City Council, including photographs, that indicated continuing blighted conditions in the Project Area. The following-member of the audience spoke regarding property at 14731 Newport Avenue and reflected a neutral position on the 1999 Amendment: Steve Perry, 1100 Irvine Blvd., Tustin Lois Jeffrey, City Attorney, clarified that Mr. Perry had received a notice of intent to appraise from the City related to the proposed widening of Newport Avenue, and those negotiations were unrelated to the 1999 Amendment. Mayor Worley stated because written objections had been presented on the proposed 1999 Amendment, the City Council would review and provide responses to each objection and give reasons for not accepting an objection; written responses to written objections from affected property owners or taxing agencies would be provided at continuation of this joint session of the City Council and Redevelopment Agency on October 18, 1999; and on October 18TM, the Agency and City Council would proceed to consider certification of the Negative Declaration for the 1999 Amendment and introduction of an ordinance adopting the 1999 Amendment to the Redevelopment Plan. Mayor. Worley closed the joint public hearing at 8:17 p.m., the joint session of the City Council and Redevelopment Agency was adjourned, and the City Council meeting reconvened at 8:20 p.m. Minutes - City Council October 4, 1999 - Page 5 CONSENT CALENDAR t mIFEIVIS 2 THROUGH 13) Item Nos. 7 and 13 were removed from the Consent Calendar by Councilmember Doyle and Mayor Worley. It was moved by Thomas, seconded by Saltarelli, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. m APPROVAL OF MINUTES- SEPTEMBER 20, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of September 20, 1999. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $710,983.16 and ratify Payroll in the amount of $379,703.08. CENSUS 2000 UPDATE Recommendation: Receive and file subject report as recommended by the Community Development Department. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM Recommendation: (1) Authorize the use of City AB 2766 funds for the Tustin Commuter Rail Station, and (2) Authorize the City'Manager to approve additional AB 2766 expenditures, consistent with Air Quality Management District guidance, throughout the 1999-00 program year as needed as recommended by the Community Development Department. g AWARD OF CONTRACT FOR HOUSING ELEMENT PREPARATION Recommendation: Authorize the Community Development Director to enter into a contract with The Planning Center for preparation of the mandated 1998-2005 City of Tustin Housing Element as recommended by the Community Development Department. u AUTHORIZATION TO EXECUTE A MEMORANDUM OF AGREEMENT UNDER SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT FOR. THE MCAS TUSTIN PROJECT Recommendation: Approve the Section 106 Memorandum of Agreement for MCAS Tustin subject to corrections requested by the City and authorize the City Manager or Assistant City Manager to execute said Agreement subject to approval of the City Attorney as recommended by the Assistant City Manager. Sm APPROVAL OF AMENDMENT NO. I TO THE MASTER FUNDING AGREEMENT NO. C- 95-993 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR PROJECTS FUNDED BY MEASURE M Recommendation: Approve Amendment No. 1 to Cooperative Agreement No. C-95- 993 with the Orange County Transportation Authority, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City as recommended by the Public Works Department/Engineering Division. Minutes - City Council October 4, 1999 - Page 6 10. RESOLUTION NO. 99-8~ -A RESOLUTION OF THE CIT~~ ,:;OUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF A NOTICE OF COMPLETION FOR THE EAST. TUSTIN LANDSCAPE REPLACEMENT PROJECT (ClP NO. 700159) Recommendation: Adopt Resolution No. 99-83 accepting said works as complete and authorizing the recordation of the ,Notice of Completion and direct the City Clerk to: (1) Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion, and (2) Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Field Services Division. 11. RESOLUTION NO. 99-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN FILES Recommendation: Adopt Resolution No. 99-72 authorizing destruction of Engineering r. ecords as recommended by the Public Works Department/Engineering Division. 12. SOLID WASTE FRANCHISE AGREEMENT AMENDMENT NO. 5 Recommendation' Approve Amendment No. 5 to the Agreement for the Collection and Transportation of Solid Waste Refuse with Great Western Reclamation, a division of Waste Management, Inc. as recommended by the Public Works Department. CONSENT CALENDAR ITEM NO 7 - YEAR 2000 PLAN UPDATE REPORT- OCTOBER Councilmember Doyle reassured the citizens that the City was prepared for Y2K; all departments had been working continuously to test equipment, computers, and utilities; and all essential services would be provided. Mayor Worley commented that an emergency team consisting of all department heads would be on duty New Year's Eve. It was moved by'Doyle, seconded by Potts, to receive and file subject recommended by the Finance and Community Development Departments. report as Motion carried 5-0. CONSENT CALENDAR ITEM NO 13 - PLANNING COMMISSION ACTION AGENDA, SEPTEMBER 27, 1999 Mayor Worley clarified that Zone Change 98-006 regarding construction of a medical building at 12569 Newport Avenue would be agendized for City Council consideration in November. It was moved by Potts, seconded by Doyle, to ratify the Planning Commission Action Agenda of September 27, 1999. Motion carried 5-0. Minutes - City Council October 4, 1999 - Page 7 REGULAR BUSINESS ('IiEM 14) 14. ABOVE GROUND CABINET DESIGN GUIDELINES AND ORDINANCE See Page 2. PUBLIC INPUT Solid Waste Contract Extension - Berklee Maughan questioned City Council's legal authority to extend the solid waste contract due to the initiative adopted by the people, requested the City Attorney render an opinion regarding the contract extension, and stated the bid process was behind schedule. Staff and Council responded that the City was in compliance with the initiative, the extension was a "fail safe" measure to insure continued service, the bid process was on schedule, and a status report would be provided to the Council. Street Sweeping Schedule - Dean Karels, 17191 Corla, Tustin, complained about the street sweeping schedule in his area, and suggested opposite-day street sweeping which would provide residents with alternative parking and eliminate parking of automobiles on lawns and sidewalk areas. Mayor Worley requested he contact the Public Works Director. OTHER BUSINESS / COMMITTEE REPORTS Media One Cable- Councilmember Doyle stated he had become the Media One City Council spokesperson, had received complaints regarding the ab~)ve ground "rock" cabinet design, and Media One had hired additional personnel and installed an 800 number to provide better service. Tiller Days- Councilmember Doyle, Councilmember Saltarelli, and Mayor Worley encouraged everyone to participate in the Tiller Days event on October 8, 9 andlO. False Statements Regarding City Council Position on Proposed Parole Office- Councilmember Doyle expressed displeasure with a member of the community who, for political reasons, had given false statements regarding the Council's position on the parole office, and clarified that the Council was adamantly opposed to a parole office in Tustin. Mayor Pro Tern Thomas stated he was upset that the subject appeared in the newspaper prior to the Council having knowledge of the situation; it was unfair when individuals took advantage of privileged information and untruthfully represented the Council's position on the parole office for political gain; stated it was not only obvious that the Council would oppose the parole office, but would do everything in their power to prevent the location of a parole office in the City; and placing untruthful information in the newspaper was an act of recklessness. Tiller Days Candy-Councilmember Potts requested clarification regarding candy throwing during the Tiller Days parade. Pat Sanchez, Director of Parks and Recreation, responded that, for liability purposes, candy could not be thrown from Minutes - City. Council October 4, 1999 - Page 8 moving vehicles, walkers would be utilized, and unwrappe~ candy was prohibited. Jamboree Road Welcome Sign - Councilmember Potts stated a welcome sign had not yet been installed on Jamboree Road at the City of Orange border and requested a status report. Senior Center Van Driver- Councilmember Potts expressed support for hiring a second Senior Center van driver. Jamboree Road/Edinger Landscaping'-Councilmember Potts complained about lack of slope landscaping on Jamboree Road and requested clarification if it was the responsibility of the Transportation Corridor Agency or the City. Councilmember Saltarelli noted that without landscaping, area businesses were impacted because it appeared the shopping center was not open; and questioned if the barbed wire along the fence could be removed. Christine Shingleton, Assistant City Manager, responded that the military had imposed conditions and staff would review the agreements for resolution. Council Disagreements- Councilmember Saltarelli reminded Councilmember Doyle that only during the first six months of Councilmember Doyle's term was there disagreement on issues between the two of them. College Football- Councilmember Saltarelli reminded the Community Development Director about Ohio State's numerous defeats. Laurelwood Development Approach Aprons- Mayor Pro Tem Thomas reported that the Laurelwood development's approach aprons were deteriorating and requested clarification if the financial responsibility was the City's or the property owner's. Gun Violence Statistics- Mayor Worley reported on gun violence statistics quoted in articles published by the United States Conference of Mayors and the Wall Street Journal. Soccer Field Lighting- Mayor Worley noted a recent newspaper article on the shortage of lighted soccer fields in the area, and the City's proposed agreement with the school district for lighting the Pioneer Middle School fields should help alleviate the problem. Skyline Drive Stop Sign- Mayor Worley reported residents had expressed opposition to the County's installation of a stop sign on Skyline Drive. Orange County Fire Authority- Mayor Worley reported the Orange County Fire Authority Board had adopted an amendment offering membership cities a re- negotiated ten-year contract, and Tustin would be reviewing the amendment in the near future. Mayor's Prayer Breakfast- Mayor Worley announced the Mayor's Prayer Breakfast would be held on November 18TM at the Marconi Museum. Minutes - City Council October 4, 1999 - Page 9 CLOSED SESSION - Mayor Worley announced the City Cou,'~cil would convene in closed session to confer with the City Attorney regarding pending litigation to whiCh the City was a party: (1) Sara Pashalides v. City of Tustin, et.al., OCSC Case No. 801875; and (2) Diamond Cab, et.al, v. City of Tustin, et.al., OCSC Case No. 813738; and to confer regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b), two cases. ADJOURNMENT. Mayor Worley adjourned the meeting at 8:55 p.m. The next regular meeting of the CitY Council was scheduled for Monday, October 18, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. CLOSED SESSION STATEMENT - It was moved and seconded to authorize the City Attorney to request a defense from the Orange County Transportation Authority in Diamond Cab, et.al, v. Orange County Transportation Authority, City of Tustin, et.al., and consent to joint representation by Woodruff, Spradlin and Smart. Motion carried 4-0, Potts absent. TRACY WILLS WORLEY, MAYOR PAMELA STOKER, CITY CLERK Minutes - City Council October 4, 1999 - Page 10