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HomeMy WebLinkAbout04 MINUTES 07-19-99NO. 4 7-19-99 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN~ CALIFORNIA 3ULY 6~ 1999 CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Worley at 7:05 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Boy Scout Troop 36. The Invocation was given by Rev. Allen Waterson, Aldersgate United Methodist Church. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Tracy Wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem Mike Doyle Jim Ports Thomas R. Saltarelli Pamela Stoker William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George .leffries, City Treasurer Elizabeth Binsack, Director of Community Development Steve Foster, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Valerie Crabill, Chief Deputy City Clerk Joe Meyers, Senior Management Analyst Karen Peterson, Acting.Senior Planner Robert Schoenkopf, Police Captain Approximately 25 in the audience PROCLAMATIONS PARKS AND RECREATION MONTH Adrian Morton, Parks and Recreation Commission,' announced that .luly was Parks and Recreation Month; invited the public to visit one of the City's parks; and noted that the program, Adopt-a-Park, had been renamed to Partners in Parks. Al Murray, Parks and Recreation Commission, invited the community to attend Concerts in the Park held every Wednesday night at Peppertree Park. Mayor Worley read and presented a proclamation declaring .luly as Parks and Recreation Month. CITY COUNCIL MINUTES Page 2, 7-6-99 FARMERS MARKET SIGN RECOGNTrION Mayor Worley read and presented proclamations to the following individuals who were instrumental in the design, development, and funding of the Farmers Market signs: John Prescott, Arnold and Tina Surfas, Gerta Brucks, Thomas and Mary Kelly, Dave Vandaveer, and Phil and Linda Cox. Phil Cox stated that the Farmers Market signs had been installed; noted those in attendance at the sign dedication; remarked on the changes to the City over the past 30 years; Old Town business owners had developed a monthly ad that would be forwarded to Irvine residents inviting them to visit Old Town; and thanked Council and staff for their support of the Farmers Market signs. John Prescott stated that credit for Old Town having a Farmers Market was due to his mother's acquisition of land at the corner of 3rd Street and El Camino Real over 50 years ago. PUBLIC INPUT TRAFFIC CONTROL ON PROSPECT AVENUE Gordon Rimmer, 17821 Theodora, Tustin, requested traMc control measures be installed on Prospect Avenue due to a recent fatality traMc accident at the intersection of Prospect Avenue and Theodora Drive, and requested that a joint City/County traMc study, be prepared and agendized. Bill McCoy, 17646 Sherbrook Drive, Tustin, requested Council not take hasty or unnecessary traffic control action due to the fatal traffic accident 'at Prospect Avenue and Theodora Drive. Mayor Worley stated that when the police investigation of the traMc accident at Prospect Avenue and Theodora Drive was completed, a report to Council would be agendized at the July 19, 1999 meeting. SENATE BILL 23~ ASSAULT WEAPONS Vincent Burke, Irvine, expressed opposition to Council's support of Senate Bill 23 on assault weapons. LAUREL GLEN PARK 3ane Anderson, Sevilla Homeowners Association, reported she had requested.the status on Laurel Glen Park improvements two weeks ago but had not received a response to her inquiry. CITY COUNCIL MINUTES Page 3, 7-6-99 William Huston, City' Manager, responded that the matter had been referred to the Parks and Recreation Commission and would be agendized for Council action in approximately 30- 45 days. Council/staff discussion followed regarding funding and concerns related to the Americans With Disabilities Act had affected proceeding with Laurel Glen Park improvements. PUBLIC HEARING - None CONSENT CALENDAR (1"rEMS I THROUGH 13 ) It was moved by Potts, seconded by Thomas, to approve the Consent Calendar as recommended by staff. Motion carried 4-0, Saltarelli absent. Am APPROVAL OF DEMANDS AND RATIFICATION OF' PAYROLL Recommendation: Approve Demands Jn the amount of $979,062.93 and ratify- Payroll Jn the amount of $385,075.63. m APPROVAL OF MINUTES - JUNE 21, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of June 21, 1999. m PLANNING COMMISSION ACTION AGENDA- June 28, 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 June 28, 1999. m AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL YEAR 1999-00 Recommendation: Authorize the City Manager to continue fiscal operations for 1999-00 at an appropriation level not to exceed that of 1998-99 until such time as the budget process can be completed as recommended by the Finance Department. Sm SENIOR ADVISORY BOARD APPOINTMENT CONFIRMATION Recommendation: Confirm Dee Dyball, Sonja Eden, Margarete Thompson, Goldie Nannes and Mary Konjoyan to the Senior Advisory Board as recommended by the current Members of the Board and Senior Center staff. 6, RESOLUTION NO. 99-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING OFFER OF DEDICATION OF PROPERTY ON MYFORD ROAD BETWEEN EL CAMINO REAL AND THE SANTA ANA I-5 FREEWAY Recommendation: Adopt Resolution No. 99-50 accepting an Offer of Dedication for property on Myford Road between El Camino Real and the Santa Ana (I-5) Freeway as · recommended by the Public Works Department]Engineering Division. mm HIGH SPEED RAIL UPDATE Recommendation: Receive and file subject report as recommended by the Community Development Department. CITY COUNCIL MINUTES Page 4, 7-6-99 ¸8. RESOLUTION NO. 99-52 - A RESOLUTION OF THE C1TY COUNCIL OF THE C1TY OF TUST~N, CAI_~FORNLA, AUTHOR/ZING THE USE OF THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALiFORNiA CONTRACT FOR THE PURCHASE OF CERTAIN EQUIPMENT Recommendation: Adopt Resolution No. 99-52 authorizing the Community Development Department to purchase office furniture using the State Department of General Services contract as recommended by the Community .Development Department. YEAR 2000 PLAN UPDATE REPORT Recommendation: Receive and file subject report as recommended by the Finance and Community Development Departments. 10. NAVY COOPERATIVE AGREEMENT AMENDMENT/CONTRACTUAL AGREEMENT WITH CALIFORNIA WEST PATROL, INC. FOR SECURITY SERVICES, MCAS TUSTIN Recommendation: (1) Authorize the City Manager or Assistant City Manager to execute an Amendment to the Cooperative Agreement between the United States of America (Department of Navy)" and the City of Tustin to provide contractual secudty services at Marine Corps Air Station Tustin, subject to approval of any final agreement by the City Attorney; and (2) Authorize the City Manager or Assistant City Manager.to enter into a contractual agreement between the City of Tustin and Califomia West Patrol, Inc. to provide necessary security services at MCAS Tustin, subject to approval by the City Attorney of all contract documents, as recommended by the Redevelopment Agency staff and the Police Department. 11. DENIAL OF CLAIM NO. 99-21, CLAIMANT: DEBRA BAIN Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. 12. APPROVAL OF AMENDMENT NO. I TO THE BUS BENCH AND ADVERTTS]:NG SHELTER FRANCHISE AGREEMENT WITH ELLER MEDIA COMPANY Recommendation: Approve Amendment No. I to the Bus Bench and Advertising Shelter Franchise Agreement with Eller Media Company as recommended by the Public Works Department. 13. RESOLUTION NO. 99-56 - A RESOLUTION OF THE C~'I'Y COUNCIL OF THE C~TY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN Recommendation: Adopt Resolution No, 99-56 amending the Classification Plan of the City of Tustin to include the classification of Records Clerk II as recommended by the Police Department. REGULAR BUSINESS (ITEMS 14 THROUGH 16) 14. ORDINANCE NO. 1218, REGULATION OF NEWSRACKS It was moved by Doyle, seconded by Thomas, to have second reading by title only and adoption of the following Ordinance No. 1218: CITY COUNCIL MINUTES Page 5, 7-6-99 :!.5. ORDINANCE NO. 1218 - AN ORDINANCE OF THE C~q'Y COUNCIL OF THE C~r-i-Y OF TUST~N, CAI_iFORN~, AMENDING THE TUST]:N C[TY CODE PART i OF CHAPTER 2 OF ARTICLE 7 RELATED TO THE REGULATION OF NEWSRACKS The City Clerk read Ordinance No. 1218 by title only. Motion carried 4-0, Saltarelli absent (roll call vote). APPOINTMENT OF COMMISSION/COMMI'iTEE MEMBERS Mayor Worley announced that because of Councilmember Saltarelli's absence, should Council ballots result in a tie vote, it would be necessary to continue the appointments when all Council was present.. Candidates for Audit Committee included Lawrence Friend, .lohn Garner, Shelley McCollum, Donnie Smith, and Andrew Warren. Council cast ballots for the following candidates (two vacancies): Worley: Friend, Garner Thomas: Garner, Smith Doyle: . Garner, Smith Potts: Friend, Smith 'John Garner and Donnie Smith were appointed to the Audit Committee. Candidates for Planning .Commission included Michael Adler, Cheryl Bell, Scott Browne, Doug Davert, Mark Denny, Ray Desselle, .lohn Dillon, Gilbert Honeycutt, Charles Horvath, Ginny Hovland, Tony Kawashima, Thomas Lofaro, Mark Michelena, Ken Morrison, and .lason Rush. Council cast ballots for the following candidates (3. vacancies): Worley: Thomas: Doyle: Potts: Davert, Kawashima, Lofaro Bell, Davert, Kawashima Browne, Davert, Kawashima Davert, Kawashima, Mordson Doug Davert and Tony Kawashima were appointed to the Planning Commission. Council cast second ballots for the following candidates: Worley: Bell Thomas: Bell Doyle: Denny Ports: Morrison CITY COUNCIL MINUT1ES Page 6, 7-6-99 Cheryl Bell was appointed to the Planning Commission. Candidates for Parks and Recreation Commission included Cheryl Bell, Mark Denny, Ray Desselle, John Dillon, Helen Faunce, Carmel Garcia, Gilbert Honeycutt, Stanley Lewis, Al Murray, Judith Peterson, Joyce Pickersgill, and Jennifer Terry. Council cast their ballots for the following candidates (4 vacancies): Worley: Thomas: Doyle:' Ports: Bell, Lewis, Murray, Peterson Denny, Lewis, Murray, Peterson Desselle, Dillon, Murray, Peterson Dessell, Faunce, Murray, Peterson Ray Desselle, Stanley Lewis, Al Murray, and Judith Peterson were appointed to the Parks and Recreation Commission. Mayor Worley encouraged those candidates who were not selected to apply for future Commission/Committee vacancies and thanked everyone for their interest in serving the community. 16. APPEAL OF CONDI'TI'ONAL USE PERM1'T 98-022 AND DESIGN REVIEW 98-025 (APPLI'CANT: .1ACK STANALAND, PLAZA LAFAYETTE) Elizabeth Binsack, Director of Community Development, reported, the applicant was requesting to extend the parking lot at Plaza Lafayette; the item had been continued from the June 7, 1999 Council meeting; members of the public and the applicant had provided testimony on the proposed parking lot and extension of the Tustin Branch Trail; and staff had met with the applicant to discuss his concerns related to the conditions of approval. She summarized conditions of approval including imposition of penalties for code violations; the 6'8" high wall and grading; elimination of on-site security personnel with a 6-month review process; the properb/ owner to work in good faith with the County of Orange regarding trail extension or development of a linear park but would be under no obligation to reach an agreement 'unless it was mutually beneficial to both'parties; location of employee parking in the further most parking spaces; and required valet parking. She reported the County of Orange declined acceptance of liability and maintenance responsibilities for trail access through Plaza Lafayette; would discontinue acquisition of the abandoned railroad right-of-way between Warren Avenue and Plaza Lafayette if no access was provided by the applicant; and would acquire the abandoned railroad right-of-way between Vanderlip and Warren Avenues to develop a granite trail. Staff had received 3 correspondences subsequent to agenda preParation including two in support of the Tustin Branch Trail and a letter with suggested language to be included should an agreement be reached between the County and the applicant. It was moved by Potts, seconded by Thomas, to agendize an emergency Closed Session to confer with legal counsel regarding pending litigation Government Code Section 54956.9(b)(1)(A). CITY COUNCIL MINUTES Page 7, 7-6-99 Motion carried 4-0, Saltarelli absent. The meeting was recessed to Closed Session at 7:50 p.m. The meeting reconvened at 7:58 p.m. It was moved by Potts, seconded by Doyle, to adopt the following Resolution No. 99-32, as modified: RESOLUTION NO. 99-'32 - A RESOLUTION OF THE C1TY COUNCIL OF THE C1TY OF TUST~N, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE CONDI-I'IONAL USE PERMIT 98-022 AND DESIGN REVIEW 98-026, AUTHO~ZING THE ESTABI]SHMENT OF A PARKING LOT ON A VACANT 50' BY 314' POR'I]ON OF AN ABANDONED RAILROAD ~GHT-OF-WAY LOCATED TO THE NORTH OF THE PLAZA LAFAYE'I-I-E SHOPPING CENTER AT 13011 NEWPORT AVENUE AND TO THE WEST OF 12901-12943 NEWPORT AVENUE Elizabeth Binsack, Director of Community Development, clarified that Resolution No. 99-32, as modified, included conditions related to imposition of penalties, clarified the wall and grading requirement, eliminated the need for on-site security unless deemed necessary in the future, clarified the requirement for the property owner to work in good faith with the County of Orange regarding the trail with no obligation to reach an agreement unless mutually beneficial, employee parking, valet .parking plan, and trail condition. Motion carried 4-0, Saltarelli absent. PUBLIC INPUT- None OTHER BUSINESS TUSTIN MEADOWS 4TM OF JULY CELEBRATION Councilmember Doyle and Mayor Pro Tem Thomas COmmended Tustin Meadows for an excellent 4m of .]uly celebration and parade. POLICE MOBILE COMMAND CENTER Councilmember Doyle reported the Police Department's new mobile command center had arrived. POLICE BIKE PATROL CounCilmember Doyle commended the presence during 4m of ]uly activities. Police Department's bike patrol unit for their EUCALYPTUS TREES Councilmember Potts reported the City's eucalyptus trees had been infested by insects and hopefully would not have to be removed. CITY COUNCIL MINUTES Page 8, 7-6-99 3ULY 19, 1999 COUNCIL MEETING Mayor Pro Tem Thomas reported he would be absent from the July 19, 1999 Council meeting. 4TM OF 3ULY Mayor Pro Tem Thomas and Mayor Worley commended staff for an excellent fireworks display and entertainment on the 4m of July at Tustin High School. COMMENDATION - STAFF Mayor Worley commended Police personnel and a Field Services employee for their professional performance during the aftermath of the fatal traffic accident at Prospect Avenue and Theodora Drive. CONCERTS IN THE PARK Mayor Worley reminded everyone to attend the Concerts in the Park series beginning July 7, 1999. COMMTI'TEE REPORTS - None CLOSED SESSION Mayor Worley announced that the City Council would convene in closed session to confer with the City Attorney regarding anticipated litigation. In the opinion of the City Attorney, there was significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1)(A), one (1) potential case. AD3OURNMENT Mayor Worley adjourned the meeting at 8:08 p.m. The next.regular meeting of the City Council was scheduled for Monday, .luly 19, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. TRACY WILLS WORLEY, MAYOR PAMELA STOKE~ CTTY CLERK