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HomeMy WebLinkAbout05 MINUTES 05-06-96H~NUTES RE~UL~RI~ET~N~ OF THE C~TY COUNCIL C~TY OF TUST~N~ CALiFORNiA APRIL 15v 1996 NO. 5 5-6-96 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Pro Tem Worley at 7:04 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Thomas. INVOCATION The Invocation was given by Rev. Lynne Austin Alder~gate United Methodist ChUrch. , ROLL CALL Council Present: Council Absent: City Clerk: Others Present: PUBLIC INPUT Tracy Wills Worley, Mayor Pro Tem Mike Doyle Thomas R. Saltarelli Jeffery M. Thomas Jim Potts, Mayor Pamela Stoker William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George Jeffries, City Treasurer ' Elizabeth Binsack, Director of Com. Development W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Mike Henley, Director of Community Services Dana Kasdan, Engineering Services Manager Valerie Crabill, Chief Deputy City Clerk Scott Reekstin, Associate Planner Rita Westfield, Asst. Dir./Com. Development Rick Zimmer, 'Redevelopment Program Manager Rick Brown, Building Official Gary Veeh, Water Service Manager Bettie Correa, Senior Personnel Analyst Dave Gottlieb, Redevelopment Project Manager Paula Rankin, Associate Planner Christie Carpenter, Recreation Coordinator Darin Loughrey, Recreation Supervisor Jim Box, Recreation Supervisor Sara Pashalides, Associate Planner Approximately 115 in the audience PROCLAMATION REQUEST - FOOTHILL HIGH'SCHOOL BAND Helen Edgar, 13622 L°retta Drive, TUstin, reported that the Foothill High School band had won a sweepstakes award in. Hawaii and requested a proclamation be given by Council concurred. · Council CITY coUNcIL MINUTES Page 2, 4-15-96 PUBLIC HEARINGS le (ITEMS i THROUGH 4) APPEAL OF CONDITIONAL USE PERMIT 95-008 AND DESIGN REVIEW 95-023 (WALGREENS PHARMACY) Mayor Pro Tem Worley reported that Council had received additional information regarding the appeal just prior to the meeting and had been unable to review the material. She questioned whether the public hearing could be continued. Lois Jeffrey, City Attorney, recommended that the public hearing be continued to the May 6, 1996 meeting. It was moved by Saltarelli, seconded by Thomas, to continue the public hearing to the May 6, 1996 Council meeting. Motion carried 4-Q, Potts absent. EXTENSION OF INTERIM URGENCY ORDINANCE NO. 1163, WIRELESS COMMUNICATION FACILITIES Scott Reekstin, Associate Planner, reported that proposed Ordinance No. 1167 extended the interim wireless communication regulations adopted at the March 4, 1996 Council meeting. He stated the time extension was necessary in order to develop codified wireless communication regulations in conjunction with the City's Zoning Code update, and due to the threat to public health, safety and welfare because of the market proliferation and lack of operational control over wireless communication facilities. It was moved by Doyle, seconded by Thomas, that Ordinance No. 1167 have first reading by title only. Motion carried 4-Q, Potts absent. Following first reading by title only of Ordinance No. 1167 by the City Clerk, it was moved by Doyle, seconded by Thomas, that Ordinance No. 1167 be introducedi Motion carried 4-0, Potts absent. Mayor Pro Tem Worley opened the public hearing at 7:11 p.m. The following member of the audience commented on Interim Urgency Ordinance No. 1167, adopting interim regulations for wireless communication facilities in the City of Tustin: Karen Gulley, representing Pacific Bell Mobile Services There were no other speakers on the subject and the public hearing was closed at 7:13 p.m. It was moved by Thomas, seconded by Doyle, that the following Ordinance No. 1167 'be adopted: ORDINANCE NO. 1167 - AN INTERIM URGENCY .ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING INTERIM CITY COUNCIL .MINUTES Page 3, 4-15-96 · URGENCY ORDINANCE NO. 1163 AND ADOPTING INTERIM REGULATIONS FOR WIRELESS COMMUNICATION FACILITIES IN THE CITY OF TUSTIN Motion ~carried 4-0, Potts absent (roll call vote). TUSTIN I~NCH TREE PARK Mike Henley, Director of Community Services, reported the Tustin Ranch Tree Park Master Plan had been a continuing public process that began in June 1995; the joint development effort of the Master Plan by RJM Design GrOup and staff; Master Plan components including the Preliminary Concept Plan and the Design Development Report; Master Plan approval by the Parks and Recreation and Planning Commissions; estimated construction cost of $1.4 million; park construction funding through the Capital Improvement Fund; and park construction phasing options. William Huston, City Manager, reported that Council had requested staff prepare a park financing plan addressing park construction in one phase or two phases; recommended proceeding with authorizing the construction drawings and beginning the bid process; staff would present park phasing financing options at a May Council meeting; and staff's objective of developing a financing plan which included other unfunded park projects. The following member of the audience explained the Tustin Ranch Tree Park Design Plan and gave a slide presentation which overviewed the design process including: the tree grove; design sketches by members of the community; workshop group design plans; first phase improvements; and architectural elements: Larry Ryan, RJM Design Group Council/staff/speaker discussion followed regarding Fire Authority regulations prohibiting barbecues because the Tree Park was located in a fire hazard zone; and investigating installation of barbecues at the Tustin Sports Park. Mayor Pro Tem Worley opened the public hearing at 7:26 p.m. The following member of the audience spoke in favor of constructing the Tustin Ranch Tree Park in one phase: Karen Daurio, 11075 Means, Tustin William Huston, City Manager, reiterated Council's request that staff research Tree Park financing and operational issues in one or two phases; funding for the Tree Park was available in the Park Development Fund; approval of the final construction design; examining the most favorable funding options for the Tree Park and other ~park projects; and construction of the Tree Park would proceed on schedule. Council/staff/sPeaker Daurio discussion followed regarding Tree Park construction schedule; approval of the Preliminary Conceptual Plan; construction drawings were the next stage in the CITY COUNCIL MINUTES Page 4, 4-15-96 construction process; potential savings in one.phase construction; and area residents opposed to inclusion of an amphitheater in the park. There were no other speakers on the subject and the public hearing was closed at 7:34 p.m. Council/staff discussion followed regarding. Parks and Recreation and Planning Commissions' 'reView of additional amenities in the 'final construction design. Councilmember Thomas stated that because of the potential savings, he supported Tree Park construction in one phase and requested staff return with funding options at a June Council meeting. Councilmember Saltarelli commented on the positive Master Plan process and use of public workshops; the Tree Park would be open to the entire community; he had received numerous telephone calls regarding constructing basketball courts at the park; he did not believe basketball court usage would create a noise factor; noted the continuous use of the Sports Park basketball courts; potential loss ~of Tustin. High basketball courts; and he supported construction of one full basketball court. Mayor Pro Tem Worley commended staff on the Tree Park planning process; supported construction of a full basketball court; use of the basketball courts would not.generate excess noise; opposed lock gates at the park; and supported one phase park construction. Councilmember Thomas stated the importance of integrating a basketball court into the park design; noted residents' concerns that construction of an amphitheater could delay completion of the park; and questioned what activities would be conducted at the amphitheater. Mike Henley responded that public concerns regarded safety issues and police visibility from the parking lot to the rear park site area. He stated that topographical studies were conducted and the amphitheater did not create~a visual problem from the parking lot and that police vehicles could have access to'the back of the park for patrol purposes. He stated that the amphitheater was to provide an informal venue for citizen use and would not be a concert venue; use by the proposed elementary school as an educational resource; and with proper lighting and visibility to the rear'of the park, it would be an asset to include the amphitheater in the park design. Councilmember Doyle noted success of the City of Orange's park amphitheater and he was unaware of any problems caused by the facility's location in .the park; and he requested installation of barbecues at the Tree Park as the surrounding area developed. It was moved by Saltarelli, seconded by Thomas, to adopt the Tustin Ranch Tree Park Master Plan and Design/Development Report; construction completion in one phase; and add a full basketball court. CITY COUNCIL MINUTES Page 5, 4-15-96 · Motion carried 4-0, Potts absent. AMENDED FINAL STATEMENT OF OBJECTIVES AND ONE-YEAR ACTION PLAN (APPLICATION) FOR PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Mayor Pro Tem Worley opened the public hearing at 7:46 p,m. There were no speakers on the subject and the public hearing was closed. It was moved by Thomas, seconded by Doyle, to adopt the following Resolution No. 96-33 approving amendments to the Final Statement of Objectives and One-Year Action Plan (application) for the proposed use of Community Development Block Grant (CDBG) funds: R~SOLUTION NO. 96-$.$ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENTS TO THE CITY'S FINAL STATEMENT OF OBJECTIVES AND ONE-YEAR ACTION PLAN (APPLICATION) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING SUBMISSION OF SUCH AMENDMENTS TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Motion carried 4-0, Potts absent. CONSENT CALENDAR (ITENS 5 THROUGH 20) Item No. 18 was removed from the.Consent Calendar by Councilmember Doyle. It was ~oved by Saltarelli, seconded by Thomas, to approve the remainder of the Consent Calendar as recommended by staff Motion carried 4-0, Potts absent. ' APPROVAL OF MINUTES - APRIL 1, 1996 REGULAR MEETING Recommendation: Approve the City Council Minutes of April 1, 1996. · · APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,635,152.46 and ratify Payroll in the amount of $333,8'04.26. APPROVAL OF COUNTY OF ORANGE AGREEMENT' D96-025 Recommendation: Approve Agreement D96-025 with the County of Orange Environmental Management. Agency and authorize the Mayor to execute said agreement upon approval of the City Attorney as recommended by the Public Works Department/Water Division. AMENDMENT TO GROUNDWATER RECOVERY . PROGRAM AGREEMENT WITH METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Recommendation: Approve the First Amendment to Agreement No. 3907, Tustin Desalter Joint Participation Agreement for Recovery and Utilization of Contaminated Groundwater between Metropolitan Water.District of Southern California., Municipal Water District of Orange County, Orange County Water District,' East Orange County Water District and City of Tustin (Groundwater Recovery Program) as recommended by the Public Works Department/Engineering Division. CITY COUNCIL MINUTES Page 6, 4-15-96 · PROFESSlON&L SERVICES ~GREEI~ENT FOR CONSULTING CITY TRAFFIC ENGINEERING SERVICES' Recommendatio2: Award. a Professional Services Agreement to Willdan Associates to provide traffic engineering services to the City and authorize execution of a Professional Services Agreement by the Mayor and City Clerk, subject to the City Attorney's approval as to form, as recommended by the Public Works Department/Engineering Division. DECLARATION OF SURPLUS VEHICLES, WORK EQUIPI(ENT;kNDMISCELL~-NEOUS FURNITURE Recommendation: Declare the equipment detailed in subject report surplus and not required for public use and authorize the Public Works Department to dispose of equipment in accordance with Ordinance No. 871 of the City of Tustin as recommended by the Public Works Department/Field Services Division. R~SOLUTION NO. 96-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR RECONSTRUCTION OF "C" STREET NORTH OF MITCHELL 'AVENUE, COMMUNITY DEVELOPMENT BLOCK GRANT FUNDINGo1994-95 FY (PROJECT NO. 200031) Recommendation: Adopt Resolution No. 96-34 accepting said work as complete and authorize 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. RESOLUTION NO. 96-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING ANAPPLICATION BY THE CITY OF TUSTIN TO THE STATE OFFICE OF HISTORIC PRESERVATION FOR A CERTIFIED LOCAL GOVERNMENT GRANT Recommendation: (1) Adopt Resolution No. 96-39 authorizing the filing of an application to the State office of Historic Preservation for a Certified Local Government grant; the grant will be used for the development of Commercial Sign Guidelines for the Cultural Resources District and for attendance at one workshop and one annual conference by members of the Cultural Resources Advisory Committee and support staff; (2) Authorize the Community Development Director or her authorized representative as the agent for the City to coordinate, process and execute all documents within the scope of the grant project; and (3) Agree that all required local matching funds or in-kind services be provided by the City for the proposal as recommended by the Community Development Department. R~SOLUTION N0. 96-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF SUBJECT IMPROVEMENT PROJECT(S) TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM Recommendation: Adopt Resolution No. 96-40 requesting the Orange County Transportation Authority to include the City of Tustin CITY COUNCIL MINUTES Page 7, 4-15-96 14. 15. 16. 17. 19. Commuter Rail Station in the 1996-2000 Measure M Transportation Demand Management Program as recommended by the Public Works Department/Engineering Division. AWARD OF CONTRACT FOR WALNUT AVENUE 'SB 821 PEDESTRIAN IMPROVEMENTS, FRANKLIN AVENUE TO MYFORDROAD (PROJECT NO. 700061) ~ecommendation: Award the contract for Walnut Avenue SB 821. Pedestrian Improvements, Franklin Avenue to Myford Road, to Vart Construction, Glendale, California, in the amount of $39,398.50; and authorize an interim budget transfer of $8,600.00 from the Capital Improvement Program fund to this project until Fiscal Year 1996-97 SB 821 funds are provided to theCity as recommended by the Public Works Department/Engineering Division. SENIOR ADVISORy BOARD APPOINTMENT CONFIRMATION. Recommendation: Confirm Josephine Christoff, Doreen Henson, Martin Gelband, Evelyn 01sen, and Janis Pasqualin as members of the Senior Advisory Board as recommended by the current the Board and the Senior Center staff. Members of AUTHORIZE PREPAYMENT OF WATER ENTERPRISE CONSTRUCTION CONTRACT, CORNICHE DEVELOPMENT . Recommendation: Authorize the Finance Director. to prepay the outstanding construction contract due to Corniche Development at' a present value discount of 26%, the net amount to be paid will be approximately $4,300, as recommended by the Finance Department. RESOLUTION NO. 96m38 - A RESOLUTION OF THE CITy COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING ENTERING INTO SEPARATION AGREEMENTS BETWEEN THE COUNTY OF ORANGE AND THE CITY OF TUSTIN TO SEPARATE AND TRANSFER COMMUNITY DEVELOPMENT BLOCK GRANTAND HOME PROGRAM FUNDS FROM THE COUNTY TO THE CiTY Recommendation: Adopt Resolution No. 96-38 authorizing the Community Development Department to enter into Separation Agreements with the County of Orange to transfer approximately $60,324.78, or the amount of the fund balance as of March 31, 1996, in Community Development Block Grant (CDBG) and $190,000,00 in HOME program funds from the Cou, nty line of credit to the City line of credit as recommended by the Community Development Department. · RESOLUTION NO. 96-35 - A RESOLUTION' OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE TUSTIN SPORTS PARK (PROJECT NO. 400022) Recommendation: Adopt Resolution No. 96-35 accepting said Work as complete and authorizing the recordation of the Notice of Completion and directthe 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 Community Services 'Department and Public Works Department/Engineering Division. CITY COUNCIL MINUTES Page 8, 4-15-96 20. MEMORANDUM OF UNDERSTANDING, TUSTIN MUNICIPAL EMPLOYEESm ASSOCIATION Recommendation: Authorize the City Manager to' sign and execute subject Memorandum of Understanding with the Tustin Municipal Employees' Association as recommended by Personnel Services. CONSENT CALENDAR ITEM NO. 18 - PLANNING COMMISSION ACTION AGENDA - APRIL 8v 1996 Councilmember Doyle commented on the Board of Appeals meeting held on April 8, 1996, regarding the McFadden Village Apartments. He commended staff for investigating the site's conditions and issuing a Notice and Order to the property owner; and stated he was appalled.;bY the atrocious conditions of the McFadden Village Apartments. It was moved by Doyle, seconded by Worle¥, to direCt staff to take appropriate actionto correct building conditions at the McFadden Village APartments. Motion carried 4-0, Potts absent. It was moved by Saltarelli, seconded by Thomas, to ratify the Planning CommiSsion Action Agenda of April 8, 1996. Motion carried 4-Q, Potts absent. 21. 9_2. TUSTIN EASTERN LITTLE LEAGUE FUNDING REQUEST Mayor Pro Tem Worley announced that due to Mayor Potts' absence, this item would be continued to the May 6, 1996 Council meeting. DECLARING RESULTS OF M~RCH 26, 1996 GENERAL MUNICIPAL ELECTION/ OATHS OF OFFICE It was moved by Thomas, seconded by Doyle, to adopt the following Resolution No. 96-41 declaring the results and other such matters as provided by law for the March 26, 1996 General Municipal Election: RESOLUTION NO. 96-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON MARCH 26, 1996, DECLARING THE RESULT AND OTHER SUCH MATTERS AS PROVIDED BY LAW Motion carried 4-0, Potts absent. It was moved by Thomas, seconded by Saltarelli, to have the chief Deputy city Clerk administer the oath of office to newly elected City Clerk, Pamela Stoker; and have the City Clerk administer the oaths of office to newly elected Councilmembers Jeffery M. Thomas and Thomas R. Saltarelli. Motion carried 4-Q, Potts absent. CITY COUNCIL MINUTES Page 9, 4-15-96 The Chief Deputy City Clerk administered the oath of office to~ newly elected City Clerk, Pamela Stoker. 23. The City Clerk administered the oath of office to newly elected Councilmembers Jeffery M. Thomas and Thomas .R. Saltarelli. Mayor Pro Tem Worley announced that Mayor Potts would confirm the ~oath of Office at the May 6, 1996 Council meeting. SELECTION OF NAYORANDNAYOR PRO TEM It was moved by Doyle, seconded by Saltarelli, to nominate Mayor Pro Tem Worley as Mayor. Motion carried 4-0, Potts absent. It was moved by Saltarelli, seconded by Worley, to nominate Councilmember Thomas as MayOr Pro Tem. Motion carried 3-1, Doyle opposed, Potts absent. Mayor Worley stated that she was honored to serve as Mayor; commented that she was the third female Mayor in the City's history; introduced her two female 'predecessors and attending former Mayors; noted Mayoral appointments would remain unchanged; addressed the future development of Marine Corps Air Station, Tustin; Southwest area redevelopment; future 'Council focus on· libraries, parks, recreation, land use decisions, and youth issues; combating crime; pledged her support in development of parks~ and recreational facilities; stated she believed that quality of life was the most important community issue; encouraged Council teamwork; and thanked her fellow councilmembers for selecting her as Mayor, staff for their continued work, her family for their support, and the residents for giving her the opportunity to serve them. Mayor Pro Tem Thomas thanked the citizens of Tustin for re- electing him and pledged that his campaign promises would materialize. PUBLIC INPUT - NOne OTHBR BusINEss/COmmITTEE REPORTS SANTA COP CASINO NIGHT - APRIL 27, ~9.96 Councilmember Doyle announced that Santa Cop Casino Night would be held on April 27, 1996. ~ MAYOR AND MAYOR PRO TEM Councilmember Saltarelli congratulated Mayor Worley and Mayor Pro Tem Thomas on their selection as Mayor and Mayor Pro-Tem. CITY COUNCIL MINUTES Page 10, 4-15-96 CONDOLENCES - WAT~%N~%BE FAMILY Councilmember Saltarelli offered condolences to the family of Ryan Watanabe and requested adjournment in his memory. LEAGUE OF CITIES COUNTY LIBP.~RY SYSTEMI(EETING Mayor Worley reported on a League of cities County Library System meeting; noted 'the severe budget shortfall; and stated revenue sources would have to be generated to save the library system. BUDGET WORKSHOP Mayor Worley requested a budget workshop on May 6, 1996. concurred. Council CLOSED SESSION - None AD~O~I~T Mayor Worley adjourned the meeting at 8:05 p.m. in memory of Ryan Watanabe. The City Council had scheduled a joint meeting with the Tustin Unified School District Board of Education on April 29, 1996, 7:00 p.m., in the Community Center; had scheduled a budget workshop on May 6, 1996, at 5:00 p.m., in the Council Chambers; and the next regular meeting of the City Council was scheduled for Monday, May 6, 1996, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. TRACY WILLS WORLEY, I~AYOR PAMELA STOKER, CITY CLERK