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HomeMy WebLinkAbout02 MINUTES 02-16-99NO. 2 2-16-99 MINUTES REGULAR MEETTNG OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA FEBRUARY 1, 1999 CLOSED SESSION At 5:30 p.m. in the City Manager's conference room, the City Council convened in closed session to confer with the City's real. property negotiator, Christine Shingleton, pursuant to Government Code Section 54956.8 regarding property at MCAS Tustin. The negotiating parties were the U.S. Department of the Navy and the City of Tustin. The instructions to the negotiator concerned price and terms of payment.. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:08 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Cub Scout Pack 217, Den 1. The Invocation was given by Father Christopher Heath, St. Cecilia's Catholic Church. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Thomas R. Saltarelli, Mayor Tracy Wills Worley, Mayor Pro Tem Mike Doyle Jim Ports .leffery M. Thomas None Pamela Stoker William A. Huston, City Manager Lois Jeffrey, City Attorney 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 Doug Anderson, Senior Project Manager Jim Box, Recreation Supervisor Mark Leyman, Recreation Coordinator Bettie Correa, Senior Personnel Analyst Approximately 160 in the audience PROCLAMATIONS .1R. ALL AMERICAN FOOTBALL CHAMPIONS, TUSTIN COBRAS Mayor Saltarelli read and presented proclamations to the following Tustin Cobra team members and coaches for winning the Junior-All American Football Championship: Charlie Avila, Julian Badilla, Danny Bales, ]aye Dale, Terone Demyers, John Foster, Ricky Fuhr, C.TTY COUNC/L MINUTES Page 2.2-1-99 Austin Hastings, Brandon Johnson, Daniel Kirkpatrick, Aaron Little, Simon Lopez, Eric Lover, Matthew McClure, Jason McCullough, Patrick McNamara, Kevin Paikoff, ]esse Pelleriti, Roman Rivera, Clarence Sharp, ]ason Singleton, Philip Solis, Ricky Stokes, Morgan Surfas, Robert Thomas, Justin Umphrey, ]orge Vargas, Bradley Walker, Chase Walker; and Coaches Cedric Barnes, Mike Caruso, Denny France, Greg ]ennings, Tim O'Donoghue, John Shanahan, and Steve Walker. SEN1'OR CENTER GITT SHOP VOLUNTEER, ROSE SVEHLA Rose Svehla said she was honored to receive the proclamation; remarked on the inception of the Senior Center gilt shop; the success of the shop was due to the seniors; and thanked Council for the proclamation. Mayor Saltarelli read and presented a proclamation to Rose Svehla honoring her volunteer service to the community. Mayor Pro Tern Worley introduced Margarete Thompson who was one of the founders of the Senior Center. Margarete Thompson remarked on the contribution Rose Svehla had made to the Senior Center; the profits made by the gilt shop; and thanked Council for recognizing Mrs. Svehla. PUBLTC ~'NPUT- None PUBL]:C HEAR]:NG ( I'TEM 1 ) 1. ORANGE COUNTY TAX]: ADM'rNI'STRATI'ON PROGRAM DOug Anderson, Senior Project Manager, reported the Orange County Transportation Authority (OCTA) had developed the Orange County Taxi Administration Program (OCTAP); the Program purpose was to centralize Countywide taxicab regulations; OCTA would coordinate vehicle inspections, perform driver baCkground checks, maintain a drug and alcohol testing program, monitor insurance compliance, as well as administer other aspects of the taxicab operations; the City would retain the ability to determine which taxicab companies would operate within the City by requesting companies serving Tustin to obtain a business license; and four taxicab companies currently operated in Tustin. Council/staff discussion followed regarding 25 Orange County cities had joined OCTAP, and the efficiency of the Program. Mayor Saltarelli opened the Public Hearing at 7:33 p.m. There were no speakers on the subject and the Public Hearing was closed. :]:t was moved by Potts, seconded by Thomas, to l) approve the Orange County Taxi Administration Program schedule Of rates of fare; 2) adopt the following Resolution No. 99- 13; and 3) approve an ]:nter-Agency Agreement with the Orange County Transportation Authority for participation in the Orange County Taxi Administration Program and authorize and direct the City Manager to execute the same on behalf of the City: CITY COUNCIL MINUTES Page 3.2-1-99 RESOLUTION NO. 99-13 - A RESOLU'I'ION OF THE CITY COUNCIL OF THE C1TY OF TUSTIN, CALIFORNIA, ADOPTING ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS AND BUSINESS LICENSE FEE Motion carried 5-0. It was moved by Ports, seconded by Thomas, to have first reading by title only of Ordinance No. 1211. Motion carried 5-0. Following first reading by title only of Ordinance No. 1211 by the City Clerk, it was moved by Worley, seconded by Thomas, to introduce the following Ordinance No. 1211: ORDINANCE NO. 1211 - AN ORDINANCE OF THE C1TY COUNCIL OF THE ClTY OF TUS-I'IN, CAI_IFORNIA, REPEALING ARTICLE 3, CHAPTER 4, PART i OF THE TUSTIN CITY CODE RELA'I'ING TO THE- REGULATION OF TAXICABS AND ADOPTING A NEW UNCODIFIED ORDINANCE PURSUANT TO THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM Motion carried 5-0. CONSENT CALENDAR ( 1TEMS 2 THROUGH 9 ) It was moved by Thomas, Seconded by Potts, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. 11 APPROVAL OF MINUTES - JANUARY 19, 1999 REGULAR MEE'i~NG Recommendation: Approve the City Council Minutes of January 19, 1999. APPROVAL OF DEMANDS AND RATTFZCATZON OF PAYROLL Recommendation: Approve Demands in the amount of $3,314,918.08 and ratify Payroll in the amount of $578,821.50. m PLANNING COMMISSION ACTION AGENDA- JANUARY 25, 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 January 25, 1999. ! RESOLUTION NO. 99-12 - A RESOLLFFION OF THE CITY COUNCIL OF THE Cl-FY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED .POS~q'~ONS CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN Recommendation: Adopt Resolution No. 99-12 modifying the Appendix (Designated Positions) contained in the City's Conflict of Interest Code to delete the positions of Tustin Community Foundation Board of Directors and Tustin Community Foundation Executive Director as recommended by the City Clerk's Office. CITY COUNCIL MINUTES Page 4. 2-1-99 1 AWARD OF CONTRACT FOR THE ANNUAL STREET AND ALLEY REPAIR PROGRAH, FISCAL YEARS 1998-1999 THROUGH 2001-2002 (PRO.1ECT NO. 4030-6245) Recommendation: Award the Annual Street and Alley Repair Program, fiscal years 1998- 1999 through 2001-2002 to All American Asphalt, Corona, California, in the amount of $139,792.50 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. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 15316 (ESTRELLA) Recommendation: Accept all public improvements within Tract No. 15316 and'authorize release of the following bonds for the indicated amounts: Faithful Performance Bond No. 158306073, $392,000.00; Labor and Materials Bond No. 158306073, $196,000.00; and Monumentation Bond No. 158306087, $30,750.00 as recommended by the Public Works Department/Engineering Division. 1 AWARD OF CONTRACT FOR THE ANNUAL ASPHALT CONCRETE REHABILTrATION AND SLURRY SEAL PRO.1ECT, ANNUAL MA.1OR MAINTENANCE PROGRAM FY 1998-99 (CIP NO. 700001)' Recommendation: Award the fiscal year 1998-99 Asphalt Concrete Rehabilitation and Slurry Seal Project contract to Palp, Inc., dba Excel Paving Company, in the amount of $553,783.19 and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works DepartmentJEngineedng Division. 1 PACIFIC BELL, CENTREX SERVICE AGREEMENT CONTINUATION Recommendation: (1) Authorize staff to execute agreements with Pacific Bell for a three- year term for prepaid Centrex Services with features, Voice Mail Sedes 100, and Maintenance Service for 284 instruments, and (2) Authorize the City Manager to borrow the total prepayment amount of approximately $230,000 from the City's Equipment Replacement Fund, to be repaid from the appropriate funds during the term of the agreement as recommended by the Finance Department. REGULAR BUSINESS (Z'I'EMS 10 THROUGH 11) 10. ORANGE COUNTY REGIONAL AI'RPORT AUTHOR.I:TY (OCRAA) Mayor Saltarelli reported that at Councilmember Ports' request, this item had been continued from the January 19, 1999 Council meeting; public input had been received at that meeting; clarified that Council action tonight would not reflect support or opposition to an airport at El Toro; remarked on the City's involvement in the Environmental Impact Report (EIR) lawsuit with the County; the necessity to obtain information on the proposed El Toro airport; and County voters had supported two ballot measures regarding the proposed airport. CITY COUNCIL MINUTES Page 5. 2-1-99 The following members of the audience spoke in opposition to the City of Tustin joining OCRAA: / Michael Bronson, 1661 Bullard Lane, Santa Aha Mary Lynn Coffee, 12342 Charloma Drive, Tustin Jack Miller, 17382 Parker Drive, Tustin Adrian Morton, Tustin Carl Haderman, Lindsay Court, Tustin Marlene Bronson, 1661 Bullard Lane, Tustin Kenneth Taylor, 2355 Burnham Drive, Tustin Tammy Murphy, 13160 Hickory Branch, Tustin The following members of the audience spoke in favor of the City of Tustin joining OCRAA: Tom Wall, OCRAA representative Lorrie Alexander, 210 Pacific Street, Tustin Jerry Crews, 2625 Annandale, Tustin Bonnie O'Neal Bill Hammerle, 17611 Chatham Drive, Tustin Peggy Ducey, OCRAA Vincent Foster, 18591 Medford Avenue, Santa Ana The following member of the audience spoke on noise levels of the proPosed airport at El Toro: Karen Hillyard The following member of the audience presented information regarding joining OCRAA:. Dave Christensen, City of Irvine Councilmember The following members of the audience spoke in favor of the City of Tustin remaining neutral on joining OCRAA: Mark Gaughan, 2291 San Leandro, Tustin Jack Camp, Urban Land Institute Council/staff/Speakers Christensen and Ducey discussion followed regarding future aviation capacity needs; meeting airport financial operating requirements; OCRAA goals and objectives; OCRAA members must be elected officials, alternate .members may be residents; OCRAA membership presented an opportunity for the City to participate in the proposed El Toro airport planning process; the City of Santa Ana was not an OCRAA member; the divisive nature of this issue; OCRAA had been formed with the goal of locating a second airport in Orange County; OCRAA's authority; founding OCRAA agencies; City of Orange had recently joined OCRAA with specified conditions; the public's pro-airport perception of joining OCRAA; the City had not taken a position on the El Toro airport; the .City's involvement in the EIR lawsuit was not in conflict with OCRAA's goals and objectives; · the County was responsible for El Toro planning and reuse; the City joining OCRAA upon a condition of neutrality; there was no cost to the City to join OCRAA; and OCRAA was CITY COUNCIL MINUTES Page 6. 2-1-99 staffed by in-kind personnel. Mayor Saltarelli recessed the meeting at 8:58 p.m. The meeting reconvened at 9:10 p.m. Councilmember Ports remarked on utilizing the Urban Land Institute for gathering information on the El Toro airport; OCRAA's inception; OCRAA was a pro-airport organization; assigning a staff member to attend OCRAA meetings and gather information; establishing a high speed rail system at El Toro; stated his concern over the separation between North and South Orange County caused by the proposed airport; believed two airports would eventually operate in Orange County; opposed .lohn Wayne Airport expansion; was opposed to joining OCRAA; and current polls indicated people would not approve the proposed airport because alternate land use options for the site had been made public. Councilmember Thomas stated that he personally opposed the proposed airport because of the impacts to the entire County; noted how the issue had divided the County; commented on voter support of the proposed airport; his duty to support his constituency's position; OCRAA membership provided participation in the planning process for the airport; he had received numerous letters in support of the El Toro airport; the amount of .lohn Wayne Airport air traffic currently flying over Tustin; the negative impacts an airport could create on the community; the City's past silence on the matter; the need for all Orange County cities to work toward a solution; supported South Orange County cities and the City of Irvine joining OCRAA; stated he supported joining OCRAA on the condition that Tustin's position was neutral on the El Toro airport; and supported involvement by the Urban Land Institute. Mayor Pro Tem Worley stated that she had kept an open mind on the El Toro airport issue; noted that she had many questions regarding impacts of the airport to the City; the potential economic benefits of an El Toro airport; was concerned with the quality of life in Orange County if the proposed airport and/or expansion of John Wayne Airport came to fruition; . the possibility of a new airport ballot measure in 2000; noted that she had voted in favor of the airport twice; said she had reevaluated her personal position and now opposed the airport; remarked on residents' concerns of the impacts to Tustin if an airport was built at El Toro; and said she was opposed to the City of Tustin joining OCRAA. Councilmember Doyle stated that Mayor Saltarelli did not have a conflict of interest regarding this issue because of his brother's involvement in the matter; said that joining OCRAA did nOt indicate the City's support for an airport at El Toro; he favored joining OCRAA to obtain information; and the importance of gathering information on the matter and participating in the planning process. Mayor Saltarelli said that the outcome of the airport was unknown; commented on the similarities between the Cities of Newport Beach and Tustin regarding the impact of the proposed airport and/or the expansion of John Wayne Airport; the City's EIR appeal protected the City by ensuring mitigation measures would be taken if an airport was approved at El Toro; the City's position on the airport remained neutral;' noted voter approval of the proposed airport; he had received mail, the majority supportive of the proposed airport; Tustin residents voted in favor of an airport and he must support their position; by joining OCRAA, it would allow input to the County; he supported joining' OCRAA C1TY COUNCIL MINUTES Page 7. 2-1-99 on the condition of neutrality; and the impOrtance of participation in the planning process. It was moved by Thomas, seconded by Doyle, to join OCRAA with conditional neutral' airport letter. Motion carried 3-2, Worley, Ports opposed. 11. ORDI'NANCE NO. 1210, ZONE CHANGE 98-005 (APPLTCANT: MR. ELMER TIED.1E, TUSTIN VILLAGE COMMUNITY ASSOCIATION) It was moved by Doyle, seconded by Thomas, to have second reading by title only and adopt Ordinance No. 1210. The City Clerk read the following Ordinance No. 1210 by title only: ORDINANCE NO. 1210 -'AN ORDINANCE OF THE C1TY COUNCIL OF THE CITY OF TUS'I'IN, CALIFORNIA, APPROVING ZONE CHANGE 98-005, CHANGING THE ZONING DISTRICT FROM UNCLASSIFIED (U) TO PLANNED DEVELOPMENT (PD) ON A .5 ACRE ABANDONED PARCEL OF CALTRANS RIGHT-OF-WAY AD.1ACENT TO PROPERTY LOCATED AT 15500 TUSTJN VILLAGE WAY Motion carried 5-0 (roll call vote). PUBLIC INPUT- None OTHER BUSINESS STREET/PARK LANDSCAPING Councilmember Potts reported recent cold weather had damaged street and park landscaping and suggested future replacement with cold-resistant plants. VAN DONATION TO SENIOR CENTER Councilmember Potts reported .lack Grace's company may donate a van to the City for use by the Senior Center or Youth Center and extended his appreciation. COMMTR'EE REPORTS TRANSPORTATION CORRIDOR WEST LEG Councilmember Potts reported that the Transportation Corridor West Leg would be open in February; street congestion would be greatly alleviated; and suggested the toll road routes could be utilized for high speed rail transportation. ORANGE COUNTY FIRE AUTHORITY Mayor Pro Tem Worley reported the Orange County Fire Authority Board was in the process_ of analyzing the equity study; Tustin was one of the highest deficient cities; the Board CITY COUNCIL MINUTES Page 8. 2-1-99 would delay voting on the study until June; and she' requested Council review the study for possible options available to Tustin. CLOSED SESS]:ON - None AD:IOURNMENT Mayor Saltarelli adjourned the meeting at 9:53 p.m. The next regular meeting of the City Council was scheduled for Tuesday, February 16, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. THOMAS R. SALTARELLI~ MAYOR PAMELA STOKE~ CITY CLERK