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HomeMy WebLinkAbout01 MINUTES 10-19-98 MINUTES R~ LAR MEETING OF THE CITY JNCIL CTrY OF TUSTIN, CALIFORNIA OCTOBER 5~ 1998 NO. 1 10-19-98 CALL TO ORDER/PLEDGE OF ALLEGLRNCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:02 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Boy Scout Troop 323. The Invocation was given by C.W. "Bill" Stevens, Salvation Army Church. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: PROCLAMATION Thomas R. Saltarelli, Mayor Tracy Wills Worley, Mayor Pro Tem Mike Doyle Jim Ports .leffery M. Thomas Pamela Stoker (absent) William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George .leffries, City Treasurer Elizabeth Binsack, Director of Community Development 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 Brad Evanson, Assistant Planner Dan Fox, Senior Planner Frank Semelsberger, Police Lieutenant Approximately 25 in the audience TUSTIN WOOD CARVERS WEEK~ OCTOBER 18-25 Mayor Saltarelli read a proclamation declaring October 18-25, 1998, as Tustin Woodcarvers Week. William Bahret, Tustin Woodcarvers, thanked Council for the proclamation and invited the public to attend the Second Annual Woodcarvers Show on October 24-25, 1998, at the Tustin Area Senior Center. CITY COUNCIL M]:NUTES Page 2, 10-5-98 PUBLI'C I'NPUT ALLEY CLOSURE [rwin Gross, :125 N. "B' Street, Tustin, presented a petition requesting the closure of the public alley between North "B" and "C" Streets due to safety concerns. PAI'D CALL F]:REFI'GHTERS Dan York, Red Hill FJrefighters Association, questioned Council's knowledge of the Fair Labor Standards Act (FLSA) and the Fire Authority's interpretation of the law in relation to elimination of the Paid Call Firefighters program, and asked for Council's position on elimination of the program. Council discussion followed 'regarding the Fire Authority's legal opinion on FLSA; lack of FLSA violations; friction between regular and volunteer firefighters; need for Council to meet with Fire Authority Counsel; background of Fire Authority Board action; elimination of the program's impact on Tustin; and the importance of obtaining information from both sides. Council concurred to agendize this matter at the October 19, 1998 Council meeting. PUBLI'C HEARI'NG ( I'TEM 1 ) Am APPEAL OF CONDTrTONAL USE PERMTr 98-010 AND DESZGN REVI'EW 98-008 (APPLI'CANT: BARBARA SATrO~ NEXTEL COMMUNI'CATI'ONS~ :[NC.) Dan Fox, Senior Planner, reported that at the September 8, 1998 meeting, COuncil appealed the Planning Commission's approval of a wireless communication facility, a proposed 60-foot structure designed to resemble a palm tree, to be located on the south side of Sixth Street adjacent to the T-5 freeway. Staff identified a number of concerns related to the project including that the location and configuration of the facility were inconsistent with the City's wireless communication facility guidelines; the facility would potentially visually impact the surrounding residential properties; eucalyptus trees appr. oximately 30 feet in height surrounded the project site and would not adequately screen the facility; a palm tree in this area would appear out of place; and the lack of screening provided extensiye visibility from the [-5 freeway. He stated that the applicant, in response to Planning Commission direction, would provide additional live palm trees clustered next to the facility. Mayor Saltarelli stated he had appealed this matter due to problems of project approval; the proposed structure was large and would visually impact the area; the concern regarding the aesthetic appearance; noted the additional mitigation measures taken by the applicant; and' commented on the applicant's information brochure that addressed staff concerns. Council/staff discussion followed regarding the item had not been appealed because the City'wanted the facility located at the Boys and Girls Club for revenue; and the proposed CITY COUNCIL MINUTES Page 3, 10-5-98 facility resembled a live palm tree. Mayor Saltarelli opened the Public Hearing at 7:45 p.m. The following member of the audience spoke in favor of Conditional Use Permit 98-010 and Design Review 98-008: Barbara Saito, Nextel Communications, Inc. (applicant) Council/speaker discussion followed regarding placing a wireless communication facility on Caltrans properly at the I-5/SR 55 interchange; Tustin businesses were impacted by the poor cOverage in this area; the wireless facility at the Sports Park did not visually impact the area; and the necessity of the proposed height of the facility for transmission purposes. There were no other speakers on the subject and the Public Hearing was closed at 7:55 p.m. It was moved by Ports, seconded by Doyle, to approve Conditional Use Permit 98-010' and Design Review 98-008. Elizabeth Binsack, Director of Community Development, stated staff would submit a resolution for Council approval of Conditional Use Permit 98-010 and Design Review 98- 008 at the October 19, 1998 Council meeting. Motion carried 4-0, Thomas absent. CONSENT CALENDAR ( I'TEMS 2 THROUGH 8 ) It was moved by Worley, seconded by Doyle, to approve the Consent recommended by staff. Motion carded 4-0, Thomas absent. Calendar as APPROVAL OF M]:NUTES- SEPTEMBER 21, 1998 REGULAR MEE'I~NG Recommendation: Approve the City Council Minutes of September 21, 1998. APPROVAL OF DEt4ANDS AND RATIFTCAT:ION OF PAYROLL Recommendation: Approve Demands in the amount of $1,308,593.06 and ratify Payroll in the amount of $359,997.97. B PLANNING COMMISSION ACTION AGENDA- SEPTEMBER 28, 1998 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 September 28, 1998. , . 5, PARK RENTAL FACILITY USE FEES Recommendation: Approve the proposed Park Rental Facility Use Fees and amend the · Master Fee Resolution as recommended by the Parks and Recreation Department. CITY COUNCIL MINUTES Page 4, 10-5-98 s APPROVAL OF AN AGREEMENT WITH THE CZI'Y OF IRVINE FOR APPORTIONED COSTS AT SHARED SIGNALIZED INTERSECTION LOCATIONS Recommendation: Authorize the Mayor and City Clerk to execute an agreement with the City of Irvine for apportioned costs of maintenance and operation traffic signals and intersection lighting at shared intersection locations as recommended by the Public Works Department/Engineering Division, CONSULTANT SERVICES AGREEMENT FOR CAPITAL IMPROVEMENT PROGRAM PRO.1ECT MANAGEMENT Recommendation: Authorize the Mayor and City Clerk to execute a Consultant Services Agreement with the firm of Holmes & Narver to provide Capital ImProvement Program Project Management services on various projects as recommended by the Public Works Department/Engineering Division. 11 RESOLUTION NO, 98-90 - A RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE UNDERGROUND STORAGE TANK REMOVALS AND REPLACEMENT PROJECT (CIP NO. 100033) Recommendation: Adopt Resolution No. 98-90 approving plans and specifications and authorizing advertisement for bids for subject project as recommended by the Public Works Department/Field Services Division. REGULAR BUSINESS (ITEMS 9 THROUGH 10) 9. ORDINANCE NO. 1204, SEXUALLY ORIENTED BUSINESSES It was moved by Ports, seconded by Worley, to have second reading by title, only and adoption of the following Ordinance No. 1204: ORDINANCE NO, ~.204 - AN ORDINANCE OF THE CITY COUNCIL OF 'THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A COMPREHENSIVE ORDINANCE TO: DISPERSE AND LIMIT SEXUALLY ORIENTED BUSINESSES TO SPECIFIED ZONING DISTRICTS; LICENSE AND REGULATE SEXUALLY ORIENTED BUSINESSES AND EMPLOYEES; PROVIDE ADDITIONAL HEALTH AND SAFELY REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES; AND REPEAL SECTIONS INCONSISTENT THEREVVITH 10, The Chief Deputy City Clerk read Ordinance No. 1204 by title only. Motion carried 4-0, Thomas absent (roll call vote). TUSTIN LIBRARY NEEDS ASSESSMENT AND FACILITY PLAN Christine Shingleton, Assistant City Manager, reported that Council had approved a consultant services agreement with David M. Griffin and Associates. in January 1998, to prepare a Facility Needs Assessment and Facility plan for the Tustin Branch Library; Council appointed an Ad Hoc Library Planning Committee who worked with the consultant team to identify library needs and seek community consensus; and she CITY COUNCIL MINUTES Page 5, 10-5-98 identified the Ad Hoc Committee. She stated that the Tustin Library Needs Assessment and Facility Plan was recommended for approval by the committee; based upon population and growth potential the. consultant recommended a 30,000 square foot facility; a parcel assessment could provide a large portion of capital and operating costs for the new facility; County support of an assessment for the library renovation; and determining responsiveness of voters to a ballot measure for a library assessment. Mayor Saltarelli commented on the enthusiasm- and amount of work the committee had accomplished on this project; 'was hopeful residents of Tustin and surrounding communities would support this endeavor; the fiscal impact of an assessment, if approved by voters, would be nominal; the library needs study provided the necessary information to move forward with the project; supported placing this item on the June 1999 ballot; encouraged financial support from the community; and stated he supported the project. Mayor Pro Tem Worley stated the committee had worked nine months studying this project; the benefits to the public of having a good library; other cities had passed similar parcel taxes; the assessment would be nominal; encouraged the public's financial assistance to the project; and supported approval of the project. Mayor Saltarelli commented on committee member and County Librarian, John Adams' input during the past nine months; County of Orange support of this project; and stated that after the library project was completed, staff could concentrate on development of a civic auditorium. Councilmember Potts noted the need for a new library ten years ago; a cornerstone of a great community was a first-class library; utilizing bonds, parcel taxes, and Redevelopment money to pay for this project; Friends of the Library could solicit donations for "In Memory of" plaques for the library; hoped the community would support this project; and thanked Mayor Saltarelli and Mayor Pro Tern Worley for their work on the Ad Hoc Planning Committee. It was moved by Potts, seconded by Doyle, to 1) approve the Tustin Library Needs Assessment and Facility Plan; 2) direct staff to initiate discussions with the County regarding the potential for creating a ballot measure to fund construction of an expanded Tustin Library facility; and '3) appropriate $20,000 from fiscal year 1998-99 general fund reserves and authorize the Assistant City Manager to execute a consultant services agreement to undertake community polling for a Tustin Library expansion project. Any consultant services agreement shall be approved as to form by the City Attorney. Motion carried 4-0, Thomas absent. PUBLIC ~NPUT LIBRARY NEEDS ASSESSMENT AND FACILTTY PLAN Berklee Maughan, Tustin, complained-that the Ubrary Needs AsseSSment and Facility Plan was not available to the public prior to Council adoption. ~ COUNCIL MINUTES Page 6, 10-5-98 Mayor Saltarelli'responded that nine months of advertised public meetings and workshops had been held prior to preparation of the plan. William Huston, City Manager, reiterated that there were a series of advertised public meetings leading up to the report and the plan had been available for public review prior to the Council meeting. OTHER BUSZNESS CITY'S RESERVO1'R SYSTEM Councilmember Doyle commended staff on a newspaper article describing maintenance of the City's reservoir system reaffirming that the system was properly and safely maintained. Mayor Saltarelli, referencing letters to the newspapers on the City's water system, noted that as a new councilmember in 1992, significant needed repairs to the water system were apparent; previous Councils had been reluctant to issue bonds to fund substantial repairs; the Council elected in 1992 proceeded with the issuance of bonds for renovation of reservoirs and wells; to date, numerous water projects had been completed; completion of the project would include renovation of all reservoirs; and the project required several years to accomplish. F~'REFTGHTERS' PANCAKE BREAKFAST Councilmember Doyle reported the firefighters' pancake breakfast was a well-attended, successful event. DESHAUN FOSTER Councilmember Doyle noted that former Tustin High School football player, DeShaun Foster, was having a successful season at UCLA. Councilmember Potts commended former TUstin High School football player, DeShaun Foster, for his community service contributions. AYSO PHOTO SESSI'ON - TUSTIN SPORTS PARK Mayor Pro Tem Worley reported that 1,700 AYSO soccer players had their pictures taken at the Tustin Sports Park; commended the Police Department for parking violation leniency; and commended Parks and Recreation Commissioner Nunez for organizing the photo session. TTLLER DAYS - OCTOBER 9-11, 1998 Mayor Pro Tem Worley and Mayor Saltarelli reminded everyone that the Tiller Days and Parade event would be held October 9-11, 1998. CITY COUNCIL MINUTES Page 7, 10-5-98 TIME OFF Councilmember Ports reported he had taken a rare week-end off to spend time with his family and used leave time from work to attend the Council meeting. COLLEGE FAIR Mayor Saltarelli announced a College Fair would be held on October 6, 1998, at Foothill High School, and encouraged parents and students to attend this informative event. BOND REISSUANCE Councilmember Potts requested staff consider reissuance, of bonds to take advantage of Iow rates. William Huston, City Manager, responded that the City had completed two bond refinancings within the last year; a review of the water bonds was underway; and the matter would be agendized for Council review. HISTORIC PRESERVATION RIGHTS TO CITY Mayor Saltarelli commended State Senator Ross Johnson and Assemblywoman Brewer for assisting in passage of legislation awarding historic preservation rights to the City for the southerly MCAS blimp hangar. GOLF TOURNAMENT- OCTOBER 13~ 1998 Mayor Pro Tem Worley reported the Tustin Community Foundation would hold a golf tournament on October 13, 1998, at the Tustin Ranch Golf Course. COMMTITEE REPORTS EASTERN TRANSPORTATION CORRIDOR Councilmember Potts reported the Eastern Transportation Corridor was scheduled to open on October 18, 1998; the first eight days would be toll free; and requested residents contact state legislators and request funding for the toll roads. Mayor Pro Tem Worley noted that former Councilmember Dick Edgar was a founding board member of the Eastern Transportation Corridor and was instrumental in the formation of the corridor route. CLOSED SESSION Mayor Saltarelli announced that the City Council would convene in closed session to confer with the City Attorney pursuant to Government Code Section 54956.9(c) to consider the initiation of litigation, two (2) cases. CITY COUNCIL MINUTES Page 8, 10-5-98 AD.1OURNMENT Mayor Saltarelli adjourned the meeting at 8:'33 p.m. The next regular meeting of the City Council was scheduled for Monday, October 19, 1998, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. THOMAS R. SALTARELL~[, MAYOR PAMELA STOKERv C['I'Y CLERK