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HomeMy WebLinkAbout02 MINUTES 07-06-99NO. 2 7-6-99 M]:NUTES REGULAR MEET?NG OF THE C:[TY COUNC1'L . CITY OF TUSTIN~ CALIFORN1'A .]UNE 21~ 1999 CALL TO ORDER/PLEDGE OF ALLEGI'ANCE/ZNVOCAT1'ON The meeting was called to order by Mayor Worley at 7:04 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Mayor Pro Tern Thomas. The Invocation was given by Mr. Al Enderle. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Tracy Wills Worley,. Mayor .leffery M. Thomas, Mayor Pro Tem Mike Doyle .lim Potts Thomas R. Saltarelli None Pamela Stoker William A. Huston, City Manager Omar Sandoval, Deputy City Attorney Lois Bobak, Deputy City Attorney Christine Shingleton, Assistant City Manager George .]effries, 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 Rita Westfield, Assistant Director/Com. Development Valerie Crabill, Chief Deputy City Clerk Gary Veeh, Water Services Manager Robert Schoenkopf, Police Captain Approximately 40 in the audience ANNOUNCEMENT AD.IOURNMENT I'N MEMORY OF DOM1'N]:C SALTARELL]: Mayor Worley requested adjournment in memory of Councilmember Saltarelli's father, Dominic Saltarelli, who recently passed away. CI-I'Y COUNCIL MINUTES Page 2, 6-21-99 PROCLAMATION TUSTIN BIG BROTHERS/BIG SISTERS Mayor Worley read and presented proclamations to the following Big Brothers/Big Sisters for their commitment to single-parent youth in the community: Garth Armorer, Sean Coppage, Richard and Catherine Dowell, Elana Edmisson, Laura Harlak, Brian Hink, John Joshevama, Steve Smith, and Anthony Viramontes. Big Brothers/Big Sisters Public Relations Director stated it was an honor to be recognized by Council; there were over 500 volunteers in the Big Brothers/Big Sisters Orange County organization; Big Brothers/Big Sisters had been operating in Tustin for 43 years; the importance of volunteers; and thanked Council for the proclamations. Mayor Worley noted there was a waiting list for little brothers/little sisters and encouraged the community to volunteer for the Big Brothers/Big Sisters program. PUBLIC INPUT FARMERS MARKET SIGNS Phil Cox, Brookings, Oregon, displayed new advertising and directional signs he designed for the Old Town Farmers Market, and thanked those people who assisted in the project. Councilmember Potts suggested proclamations be given in recognition of the project. 330 CALIFORNIA STREET Willis Sutcliff, 330 California Street, expressed frustration with staff in resolving issues related to the redevelopment/redesign of his front yard at 330 California Street. Mayor Worley stated that she and staff would meet with Mr. Sutcliff to discuss the matter. VOLUNTARY SCHOOL PRAYER POLICE Jeanne Jackson, 15851 Pasadena #B-9, Tustin, requested Council support a voluntary school prayer policy and requested the matter be agendized. COMMENDATION - COUNCIL Jack Miller, 17352 Parker Drive, Tustin, commended Council for their support of Senate Bill 23, Assault Weapons. CITY COUNCIL MINUTES Page 3, 6-21-99 PUBLIC HEARING (ITEMS I THROUGH 2) 1. ORDINANCE NO. 1218 - AMENDING PROVISIONS FOR REGULATION OF NEWSRACKS Elizabeth Binsack, Director of Community Development, reported that proposed changes included transferring enforcement responsibility of regulating and monitoring newsracks from the Public Works Department to the Community Development Department and approving placement of newsracks would be at the discretion of the Director of Community Development; an injury had occurred caused by an improperly placed newsrack; the amendments would not regulate newsracks, but insure proper placement; and carriers must indemnify the City when locating newsracks in the public right-of-way. Mayor Worley opened the Public Hearing at 7:29 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Thomas, seconded by Doyle, to have first reading by title only and introduce Ordinance No. 1218. Motion carried 5-0. The City Clerk read the following Ordinance No. 1218 by title only: ORDINANCE NO. 1218 - AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF Tus-r/N, CALTFORNIA, AMENDING THE TUS-i-JN C1TY CODE PART I OF CHAPTER 2 OF ARTICLE 7 RELATED TO THE REGULATION OF NEWSRACKS m LEVY OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 1999-00 Tim Serlet, Director of Public Works, reported that the proposed rate increase was 2.2% which corresponded to the Consumer Price Index increase; the assessment represented an average increase of $1.12 per single family residence; and the proposed assessment was necessary due to the increase in the City's costs associated with its landscape and maintenance contract services. Mayor Worley opened the Public Hearing at 7:34 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Ports, seconded by Thomas, to adopt the following Resolution No. 99-48 confirming the annual assessments for fiSCal year 1999-00: RESOLUTION NO. 99-48 - A RESOLUTION OF THE CI-I'Y COUNCIL OF THE C1TY OF 'TUSTiN, CALIFORNIA, CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS. FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN C1TY COUNCIL MINUTSS Page 4, 6-21-99 RANCH AREA WI'Ti-lIN THE BOUNDARIES OF THE TUS'I~N LANDSCAPE AND UGHT[NG DISTR~CT FOR FISCAL YEAR 1999-00 Motion carried 5-0. CONSENT CALENDAR (ITEMS 3 THROUGH 11 ) It was moved by Doyle, seconded by Saltarelli, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. g APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,435,571.07 and ratify Payroll in the amount of $828,927.51. 11 RESOLUTION NO. 99-'~.'~. - A RESOLU'llON OF THE CITY COUNCIL OF THE CI-I'Y OF TUST[N, CAITFORN~, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCT[ON OF WATER MAIN REPLACEMENTS IN NEVVPORT AVENUE, PROSPECT AVENUE AND 17TM STREET*(C1TY PRO3ECT NOS. 600087, 600141 AND 600142), AND AIJTHOR~ZlNG ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 99-44 approving plans and specifications and authorizing advertisement for bids for subject projects as recommended by the Public Works Department/VVater Division. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 15430 (VIDORRA) Recommendation: Authorize release of the following Monumentation Bond for Tract No. 15430 for the indicated amount: Monumentation Bond No. 24-004-467, $5,700.00 as recommended by the Public Works Department/Engineering Division. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 15429 (VIDORRA) Recommendation: Authorize release of the following Monumentation Bond for Tract No. 15429 for the indicated amount: Monumentation Bond No. 24-003-410, $4,200.00 as recommended by the Public Works Department/Engineering Division. J RESOLUTION NO. 99-46 - A RESOLLFI1ON OF THE C1TY COUNCIL OF THE C1TY OF TUS'I~N, CAI_TFORN]A, APPROVING PLANS AND SPECIFICATIONS FOR THE RED HILL AVENUE REHABILITA'I/ON PROJECT BETWEEN WALNUT AVENUE AND EDINGER AVENUE (CIP NO. 700124) Recommendation: Adopt Resolution No. 99-46 approving the plans and specifications for the Red Hill Avenue Rehabilitation Project between Walnut Avenue and Edinger Avenue (CIP No. 700124) and authorizing and directing the City Clerk to advertise for bids, subject to receiving authorization from Caltrans, as recommended by the Public Works Department/Engineering Division. CITY COUNCIL MINUTES Page 5, 6-21-99 11 CITY OF TUSTIN MEASURE M GROWTH MANAGEMENT PROGRAM ANNUAL COMPLIANCE (1999-2000 FY) Recommendation by Public Works Department/Engineering Division: To maintain eligibility for Measure M Programs, it is recommended that the City Council take the following actions in compliance with Measure M requirements: (1) Adopt the dralt Measure M Growth Management Seven Year Capital Improvement Program (fiscal year 1999-2000 through fiscal year 2005-2006); (2)Adopt the following Resolution No. 99-38 concerning the City's Circulation Element for Master Plan of Arterial Highways (MPAH) consistency; and (3) Authorize the Public Works Director/City Engineer to submit the City of Tustin's Measure M eligibility package, including certification of the City's Maintenance of Effort and Pavement Management Program, to the Orange County Transportation Authority: RESOLUTION NO. 99-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONCERNING THE 5-1'ATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF TUSTIN a APPROVAL OF MINUTES - 3UNE 7, 1999 REGULAR MEETING Recommendation: Approve the City. Council Minutes of 3une 7, 1999. 10. COOPERATIVE AGREEMENT/CONTRACTUAL AGREEMENT FOR CONTRACT FIRE SERWCES, MCAS TUSTIN Recommendation: (1) Authorize the City Manager or Assistant City Manager to execute an Interim Cooperative Agreement between the United States .of America (Department of Navy) and the City of Tustin providing for fire protection services by the Orange County Fire Authority at closing Marine Corps Air Station Tustin subject to approval by the City Attomey of any final agreement, and (2) Authorize the City Manager or Assistant City Manager to enter into an Interim Fire Protection and Emergency Services Agreement between the City of Tustin and the Orange County Fire Authority to provide necessary fire protection services at closing Marine Corps Air Station Tustin, subject to approval by the City Attorney of any final agreement as recommend by the Redevelopment Agency staff. 11. (DELETED FROM AGENDA) REGULAR BUSINESS ( 1TEMS 12 THROUGH 17 ) 12. ORDINANCE NO. 1215, UNIFORM FIRE CODE It was moved by Thomas, seconded by Doyle, to have second reading by title only and adopt Ordinance No. 1215. The City Clerk read the following Ordinance No. 1215 by title only: ORDINANCE NO. 1215 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUS-I'IN, CALIFORNIA, AMENDING SPECIFIED CHAPTER OF ARTICLE 5 OF THE TUSTIN C1TY COUNCIL MINUTES Page 6, 6-;!1-99 CITY CODE TO ADOPT THE 1998 CAHFORN~ FIRE CODE AND THE 1997 UNIFORM FIRE CODE AS AMENDED THERETO Motion carried 5-0 (roll call vote). 13. ORDINANCE NO. 1217, TUSTIN AUTO CENTER BANQUET FACILITIES It was moved by Thomas, seconded by Doyle, to have second reading by title only and adopt Ordinance No. 1217. The City Clerk read the following Ordinance No. 1217 by title only: ORDINANCE NO. 1217 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE EAST TUSTIN AUTO CENTER PLANNED COMMUNITY REGULATIONS TO CONDITIONALLY ALLOW ANCILLARY BANQUET FACILITIES IN THE TUSTIN AUTO CENTER Motion carried 5-0 (roll call vote). 14. FUNDING REQUEST- MISS TUSTIN SCHOLARSHIP PAGEANT Cherrill Cady, Miss Tustin Scholarship pageant representative, reported that Miss Tustin, Lindsay Dennis, was currently participating in the Miss California pageant; thanked the City and the Tustin Community Foundation for their past support; and requested continued financial support from the City. It was moved by Potts, seconded by Thomas, to appropriate $2,500 to the Miss Tustin Scholarship Pageant. Motion carried 5-0. Mayor Worley recessed the meeting to the Tustin Community Redevelopment Agency. meeting at 7:40 p.m. The meeting reconvened at 7:42 p.m. 15. ADOPTION OF RESOLUTION NO. 99-47 FINDING THAT THE PRO.1ECT AREA COHMZ'ITEE (PAC) PROCEDURES FOR THE PROPOSED 1999 AMENDHENT TO THE SOUTH CENTRAL REDEVELOPMENT PLAN WERE FOLLOWED IN THE ELECTION OF THE PAC It was moved by Potts, seconded by Doyle, to adopt the following Resolution No. 99-47 . finding the procedures for the formation and election of the PAC for the proposed 1999 Amendment to the South Central Redevelopment Plan ("1999 Amendment'~ were followed in the election of the PAC and in determining the validity of any challenges to the election: RESOLUTION NO. 99-47 - A RESOLUTION OF THE cTrY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ADOPTED PROCEDURE FOR FORMATION AND CITY COUNCIL MINUTES Page 7, 6-21-99 ELECTION OF THE PROJECT AREA COMMITFEE FOR THE PROPOSED 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SOLFI-H CENTRAL REDEVELOPMENT PROJECT AREA WAS FOLLOWED IN THE ELECTION OF THE PROJECT AREA COMMITTEE Motion carried 5-0. CATV FRANCHZSE RENEWAL~ COX COMMUN1'CATI'ONS Omar Sandoval, Deputy City Attorney, reported that Cox Communications requested the City commence franchise renewal proceedings; in order to renew a cable television franchise, the Telecommunications Act of 1996 .(Act) required establishment of a process for consideration of the Cox communications' request; and Council approval would initiate the process for cable renewal. Council/staff discussion followed regarding the Act allowed the current cable operator a public headng process; and steps involved to open the process to other cable companies. Mayor pro Tem Thomas commented on the number of citizen complaints to Council regarding Cox communications service; the unresponsiveness of Cox Communications to complaints; supported opening the process to other cable companies; the importance of quality of service; and the City contracting with only one cable carrier. Councilmember Saltarelli stated that Cox Communications did not appear to be responsive to citizen complaints about poor service; suggested staff meet with Cox Communications to resolve the service issue; and supported one cable carder servicing the City. Councilmember Doyle noted that the cable company used in Santa Ana carried 24-hour local programming; Tustin's local programming aired 14 hours; and it was appropriate to request cable changes and improvements for the community. Mayor Worley noted that Tustin Ranch received more City of Irvine events than local programming and stated she had received complaints about the lack of City Council broadcasts in Tustin Ranch and the poor quality when City Council meetings were aired. Councilmember P°tts stated that upon Council approval, concerns could be addressed during the renewal proceedings; noted that new cable equipment was being installed in his Tustin Ranch neighborhood; and suggested staff meet with Cox Communications to resolve broadcast problems. Omar Sandoval noted that Council Communications' renewal request. action was necessary within six months of Cox It was moved by Thomas, seconded by Potts, to adopt the following Resolution No. 99-49 and direct the City Clerk to notice a public hearing before the City Council to consider the renewal of Cox Communications' franchise as recommended by the City Attorney: CITY COUNCIL MINUTES Page 8, 6-21-99 RESOLUTION NO. 99-49 - A RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF TUS-T-IN, CALIFORNIA, ESTABLISHING A PROCESS FOR CONSIDERATION OF CATV FRANCHISE RENEWAL Motion carried 5-0. 17. PARKS AND RECREATION COMMISSION SCHOLARSHIP PROPOSAL Ken Eckman, Parks and Recreation Commission, reported that the proposed Scholar-Athlete Awards Program would recognize the outstanding athletic and scholastic achievement of one male and one female senior student from both Tustin and Foothill High Schools; a $1,000 scholarship and plaque would be presented to the recipients; and summarized the selection process. Council/Mr. Eckman discussion followed regarding scholarship qualifications; the Commission Scholarship Sub-Committee selected scholarship winners; encouraged private companies to donate to the scholarship; Tustin High School was a model school; and presenting the scholarship winners to Council. It was moved by Thomas, seconded by Potts, to appropriate $4,000 to the Scholar-Athlete Awards Program. Motion carried 5-0. PUBLIC INPUT LAUREL GLEN PARK .lane Anderson, Sevilla Homeowners Association President, requested the status on Laurel Glen Park Improvements. Council concurred to refer the matter to the Parks and Recreation Commission. OTHER BUSINESS/COMMZTTEE REPORTS COUNCIL CHAMBER SOUND SYSTEM Councilmember Doyle requested the sound system be repaired prior to the next Council meeting. COMMENDATION - STAFF Councilmember Doyle reported he had received a positive report from a Southwest area resident on the excellent job performance by the Police Department bicycle patrol unit; and he commended staff again for an excellent Chili Cook Off event; and commended the excellent street maintenance compared to the Cities of Anaheim, Orange, and Santa Ana. CITY COUNCIL MINUTES Page 9, 6-21-99 BOYS AND GIRLS CLUB Councilmember Doyle reported the Boys and Girls Club had won a 15 passenger van. K-MART CoUncilmember Potts reported the K-Mart store was in a state of disrepair inside and outside resulting in a loss of business. Elizabeth Binsack, Director of Community Development, responded that staff had contacted the store manager on the condition of the store. SENATE BILL 23, ASSAULT WEAPONS Councilmember Potts reported he had received an anonymous telephone message related to his position on gun control; reiterated his position that Senate Bill 23 allowed the possession of weapons but only limited the number of rounds. Councilmember Saltarelli reported that the State had a "buy back" program for weapons allowing gun owners to recoup their investment and believed it was appropriate to include in the legislation. Mayor Pro Tern Thomas reiterated his position on gun control; shared a statement made by a Columbine victim's father; stated it was not the responsibility of the government to solve all problems; his most important job was that of a parent; defended Mayor Worley's conduct at the June 7, 1999 Council meeting on Senate Bill 23; and noted that Senate Bill 23 opponents failed to take the opportunity to address Council during public input at tonight's meeting. Mayor Worley stated she had written a letter to the newspapers responding to critics of her conduct at the June 7, 1999 Council meeting; and reiterated her support and the' majority of residents' support of Senate Bill 23. DOMINIC SALTARELLI Councilmember Saltarelli expressed appreciation for all the cards, friendship, and support he received during the loss of his father, Dominic Saltarelli. Mayor Pro Tem Thomas expressed condolences for the loss of Dominic Saltarelli and noted Mr. Saltarelli's contributions to his family and community. ROBERT LABARGE Councilmember Saltarelli recalled that former police officer, Barney LaBarge, had lost his son, Robert, CITY COUNCIL MINU/ES Page 10, 6-21-99 SPORTS IN3URY Mayor Worley reported she had a cast on her leg because of'a torn Achilles tendon from playing soccer. BASKETBALL CAMP Mayor Worley reported her son was enrolled in a basketball camp and was enjoying the program. BASE CLOSURE CEREMONIES Mayor Worley announced base closure ceremonies for Marine Corps Air Stations Tustin and El Toro would be held Friday, .luly 2, 1999, 10:00 a.m. at Marine Corps Air Station, El Toro, and invited the public to attend this historic event. CLOSED SESSION - None AD3OURNMENT Mayor Worley adjourned the meeting at 8:20 p.m. in memory of Dominic Saltarelli. The City Council scheduled Commission/Committee interviews on Tuesday, July 6, 1999, at 5:30 p.m. in the Council Chamber; and the next regular meeting of the City Council was scheduled for Tuesday, July 6, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. TRACY WILLS WORLEY, MAYOR PAMELA STOKER, CITY CLERK'