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HomeMy WebLinkAbout02 MINUTES 12-16-96 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA DECEMBER 2, 1996 NO. 2 12-16-96 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Worley at 7:02 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Doyle. INVOCATION The Invocation was given by Pastor Dane Counts. ROLL CALL Council Present: Tracy Wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem Mike Doyle Jim Potts Thomas R..Saltarelli Council Absent: None. city Clerk: Pamela Stoker (absent) Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George Jeffries, city Treasurer Elizabeth Binsack, Director of Com. Development Robert Schoenkopf, Acting Police Captain Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Mike Henley, Director of Community Services Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Com. Development Valerie Crabill, Chief Deputy city Clerk Rick Zimmer, Redevelopment Program Director Gary veeh, Water Services Manager Bettie Correa, Senior Personnel Analyst Jim Box, Recreation Supervisor Approximately 25 in the audience ANNOUNCEMENTS BIRTH ANNOUNCEMENT Mayor Worley announced that Pamela Stoker', City Clerk, had given birth to a baby boy on November'26, 1996. COAST GUARD HOUSING- MCAS, TUSTIN Mayor Worley announced that the Coast Guard had withdraWn their application for housing at MCAS, Tustin. PRESENTATION PEDESTRIAN SAFETY CITATION AWARD Sid Munger, Automobile Club of Southern California Community CITY COUNCIL MINUTES Page 2, 12-2-96 Traffic Safety Program, reported that each year the American Automobile Association conducted a nationwide Community Traffic Safety Program analyzing cities' pedestrian safety activities and safety rates. He presented the City with the 1995 Pedestrian Safety Citation Award for a fatality-free pedestrian safety record and noted that the City had received this award twelve times in the past 20 years. PUBLIC INPUT CITIZEN COMPLAINT Irwin Gross, 125 N. "B" Street, complained about the noise from the National Rain Gutters business and wrong-way alley traffic adjacent to his property. Mayor Worley stated that she and staff would meet with Mr. Gross to resolve the issues. Council/speaker discussion followed regarding contacting the Police Department when the gutter company created early morning noise. PUBLIC HEARINGS (ITEMS i THROUGH 2) AMENDMENT NO. 2 TO VESTING TENTATIVE TRACT MAP 14188 (STANDARD PACIFIC) Elizabeth Binsack, Director of Community Development, reported the Standard Pacific development had been approved in 1990; development consisted of 19 acres to accommodate 57 single family homes; 19 homes had been constructed; approval of Amendment No..' 1 in 1995 required a different product identification for new construction; approval of Amendment No. 2 would allow two new single'story plans; location of the new construction was adjacent to unincorporated land governed by the East Tustin Specific Plan which restricted development to single story dwellings; square footage of the proposed single story homes ranged from approximately 3,000 to 3,300 square feet; a total of 29 homes had been constructed; the proposed elevation and design elements were compatible with the existing development; the proposed changes would reinforce the distinction between- the original and subsequent development; the developer had notified the existing property owners of the proposed changes; staff had not received comments from residents; and the Planning Commission recommended approval of the project. Council/staff discussion followed regarding no opposition to the proposed amendment had been received by staff. Mayor Worley opened the public hearing at 7:20 p.m. The following member of the audience spoke in favor of Amendment No. 2 to Vesting Tentative Tract Map 14188; noted Standard Pacific's commendable effort to involve the community in the amendment process; stated concern regarding requests for CITY COUNCIL MINUTES Page 3, 12-2-96 amendments to new developments; and requested Council continue to preserve the City's Master Plan and carefully review requests for new development in the City: Michael Nermon, 2460 Kiser, Tustin There were no other speakers on the subject and the public'hearing was closed at 7:25 p.m. It was moved by Thomas, seconded by Potts, to adopt the following Resolution No. 96-126 approving the Environmental Determination for the project, and adopt the following Resolution No. 96-127 approving Amendment No. 2 to Vesting Tentative Tract Map 14188: RESOLUTION NO. 96-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR AMENDMENT NO. 2 TO VESTING TENTATIVE TRACT MAP 14188 AND ALL APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 96-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO VESTING TENTATIVE TRACT MAP 14188 LOCATED ON THE WEST SIDE OF TOWNSHIP DRIVE AT RAWLINGS WAY Motion carried 5-0. Councilmember Saltarelli commended Standard Pacific for involving existing homeowners in this project; the importance of Council review of proposed development modifications; he supported the project because Opposition had not been voiced by residents and because of Standard Pacific's diligence in resolving residents' concerns; said the proposed units would comprise over 50 percent of the development; remarked on the high caliber and low density development; and stated concern that smaller units could compromise residential estate tracts. Councilmember Potts stated that future plans for Tustin Ranch included low density developments. COMPREHENSIVE REVISIONS TO THE CITY'S SUBDIVISION CODE It was moved by Thomas, seconded by Potts, to continue this item to the January 6, 1997 Council meeting. Motion carried 5-0. CONSENT CALENDAR ( ITEMS 3 THROUGH 9 ) Councilmember Potts announced he would abstain from voting on Consent Calendar Item No. 3, Approval of Minutes - November 18, 1996 'Regular Meeting, due to his absence from that meeting. It was moved by Potts, seconded by Thomas, to approve the remainder of the Consent Calendar as CITY COUNCIL MINUTES Page 4, 12-2-96 recommended by staff. Motion carried 5-0. APPROVAL OF MINUTES - NOVEMBER 18, 1996 REGULAR MEETING Council concurred to approve the City Council Minutes of November 18, 1996. · APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands. in the amount of $694,851.16 and ratify Payroll in the amount of $361,928.21. · AWARD OF CONTRACT FOR ANNUAL SIDEWALK AND CURB AND GUTTER REPAIR PROJECT, FY 1996-97 (PROJECT NO. 4020-6235) Recommendation: Award the subject contract to Vart Construction in the amount of $178,967.90 as recommended by the Public Works Department/Engineering Division. · RESOLUTION NO. 96-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR WALNUT AVENUE REHABILITATION BETWEEN NEWPORT AVENUE AND RED 'HILL AVENUE, COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING 1996-9'7 FY, AND AUTHORIZING ADVERTISEMENT FOR BIDS (PROJECT NO. 700152) Recommendation: Adopt Resolution No. 96-125 approvingthe plans and specifications for the Walnut Avenue Rehabilitation Project between Newport Avenue and Red Hill Avenue and authorizing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. PLANNING COMMISSION ACTION AGENDA - NOVEMBER 25, 1996 Ail 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 November 25, 1996. · AMENDMENT TO ORANGE COUNTY FIRE AUTHORITY JOINT POWERS AGREEMENT Recommendation: ApprOve proposed amendment to subject Joint Powers Agreement as recommended by the City Manager. · AMEND SCOPE OF REVENUE ENHANCEMENT AND INFORMATION SERVICES, MUNICIPAL RESOURCE CONSULTANTS Recommendation: Authorize the Finance Director to execute an agreement with Municipal Resource Consultants to amend the scope of revenue enhancement and information services subject to final approval of the agreement language by the City Attorney as recommended by the Finance Department. REGULAR BUSINESS ( ITEMS 10 THROUGH 16 ) 10. TUSTIN RANCH LANDSCAPE REHABILITATION PROJECT Tim Serlet, City Engineer, reported that a bacterial disease was destroying a number of oleanders in the Tustin Ranch area. He stated that in an effort to find a suitable plant to replace the dying oleanders, staff retained the services of landscape architecture firm, Robert Goto and AssoCiates. CITY COUNCIL MINUTES Page 5, 12-2-96 11. 12. Robert Goto reported that the landscape rehabilitation program was located in the Tustin Landscape and Lighting District; noted current landscape inconsistencies; explained that the oleanders could not be cured; and the rehabilitation program would replace the oleanders and provide landscape consistency throughout Tustin Ranch. Council/staff discussion followed regarding replacement of the oleanders; the need to improve landscaping at major intersections~; providing landscape consistency; project cost estimate and landscape schedule would be provided to Council early next year; and the project would be paid by the Tustin Landscape and Lighting District. Council concurred to direct staff to develop a work plan and cost estimate to' imPlement the plan. ORDINANCE NO. 1172, ZONE CHANGE 96-001 (BELDEN) Councilmember Potts announced he would abstain from voting on this item due to his absence from the November 18, 1996 Council meeting. It was moved by Doyle, seconded by Thomas, to have second reading by title only and adoption of Ordinance No. 1172. Motion carried 3-1, Saltarelli opposed, Potts abstained (roll call vote) . The Chief Deputy City Clerk'read the following Ordinance No. 1172 by title only: ORDINANCE NO. 1172 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 96-001 TO AMEND THE NEWPORT WARREN PLANNED COMMUNITY TO CHANGE THE LAND USE DESIGNATION FOR PROPERTY LOCATED AT 12581 NEWPORT AVENUE FROM "RESIDENTIAL SINGLE-GARDEN OFFICE" TO "GARDEN OFFICE" AND TEXT AMENDMENTS TO MODIFY THE SIDE AND REAR YARD SETBACK STANDARDS PROPOSED POLICY FOR ADMINISTRATIVE TRANSFERS The following member of the audience spoke in opposition to the proposed policy for administrative transfers; recommended obtaining an outside auditor's written opinion on a cost recovery system; noted errors in the policy's cost accounting and math concepts; recommended hiring an outside auditor for review of past money transfers; requested a City Attorney written opinion on Proposition 218; and summarized concerns regarding the proposed policy: Berklee Maughan, Tustin (submitted evaluation memorandum) Council/staff/speaker discussion followed regarding the current year transfer from the Water Fund to the General Fund; the Audit Committee's recommendation of maximum transfer amount; the lack of Public Utilities Commission oversight in privately-owned water CITY COUNCIL MINUTES Page 6, 12-2-96 companies; the City's 9 percent indirect administration cost was below average in comparison to other cities; outside auditors were not necessary because of Audit Committee oversight; continuing the item to review Mr. Maughan and Ms. Penn's memorandum; developing a Council resolution to control money transfers between funds; money transfers were authorized by the budget process; the lack of documentation regarding transfers; additional review of Proposition 218 was necessary; the Audit Committee's recommendation of the proposed policy; referring the matter back to the Audit Committee; and request for City Manager and City Attorney written response to the Maughan/Penn memorandum. Mayor Pro Tem Thomas noted the many hours spent by staff and the Audit Committee to review this item; past fund transfer practice had been satisfactory; a universal standard had not been dedicated to interfund transfers; further study of Proposition 218 was necessary; opposed continuing this matter; and questioned whether compliance with the Freedom of Information Act was followed in Mr. Maughan's case. Lois Jeffrey, City Attorney, responded that all requests for information from Mr. Maughan had been provided; however, because Mr. Maughan was unable to locate specific data, he believed staff responses had been inadequate. The following member of the audience spoke regarding the City's lack of response in providing requested documentation; industry cost accounting standards; and the lack of opinion by outside auditors on the proposed cost recovery system: Sara Penn Councilmember Potts noted his concern that two members of the public had voiced their opinion that problems existed in the proposed policy; the Maughan/Penn memorandum should be reviewed; and suggested continuing the item to allow further study. The following member of the audience spoke.regarding staff, the City Attorney, and the Audit Committee had reviewed past transfer practices and determined the actions to be acceptable; and requested copies of the Maughan/Penn memorandum be supplied to the Audit Committee: Walter Sullens, Audit Committee Mayor Worley stated she supported continuance of the item; noted review by the Audit Committee and outside'auditors, .and Council approval of past fund transfer practices; and remarked on the City's low administration costs. Council/staff/Speaker Sullens discussion followed regarding allowing the Audit Committee adequate time to review the Maughan/Penn memorandum; outside auditors had reviewed the fund transfers, but not the amount 'computation; proposed transfer policy had been endorsed by outside auditors; cost to implement and maintain a software program; interfund transfers were CITY COUNCIL MINUTES Page 7, 12-2-96 13. 14. contained in the budget process; resolution methodology would make Council accountable for all interfund transfers; the budget process clearly indicated Water Fund transfers as income to the General Fund; additional Audit Committee review of the transfer policy; and upon Council approval, the transfer policy could be a separate action from the budget process. It was moved by Potts, seconded by Thomas, to continue this item to the January 20, 1997 Council meeting. councilmember Saltarelli stated his opposition to referring this matter back to the Audit Committee; questioned the amount being transferred from the Water Fund ~o the General Fund; the importance of Audit Committee review and recommendation on this matter; supported installation of a cost accounting software program; the past water transfers were justified according to the documentation; opposed outside auditors handling policy recommendations; and requested allowing as much time as needed for Audit Committee study of the policy. The following member of the audience spoke regarding the cost allocation system and computer software program: Donnie Smith, Audit Committee Councilmember Doyle commended the Audit Committee for their work on the proposed policy; future study and recommendations by the Audit Committee could again result in disapproval by Berklee Maughan and Sara Penn; noted the lack of adequate past Water Fund transfer documentation; and stated emphatically that the City of Tustin had not acted improperly conducting past interfund transfers. As an amended motion, it was moved by Potts, seconded by Thomas, to refer the matter to the Audit Committee for additional study. Amended motion' carried 5-0. CABLE TELEVISION SERVICE - COX CABLE Councilmember Potts stated that certain areas in the City were not receiving council and School Board meeting broadcasts; Mark Stuckey, Cox Communications representative, had indicated the problem would be resolved; and requested the City Attorney outline the cable obligations in the Cox Cable contract. Councilmember Saltarelli noted that this was an on-going problem and requested the cable feed be verified prior to each meeting. NAME ALTERNATIVES - TUSTIN RANCH TREE PARK Mayor Worley reported the Tustin Ranch Tree Park name alternatives were Cedar Grove Park or Cedar Tree Park. Council concurred to name the 9-acre tree park Cedar Grove Park. CITY COUNCIL MINUTES Page 8, 12-2-96 15. 16. ROLLER HOCKEY SITE - A.G. CURRIE MIDDLE SCHOOL TENNIS COURTS Mayor Worley stated that locating a roller hockey site had been discussed for the past several years; the inability to find a suitable location; the possibility of locating a rink at the Currie Middle School tennis courts; investigation of the courts had revealed minimum usage; and converting two of the tennis courts to a practice roller hockey rink. Mike Henley, Director of Community Services, reported that a group of parents had contacted the Parks and Recreation Commission requesting a roller hockey rink. He stated an ad hoc sub- committee consisting of Parks and Recreation Commissioners, staff, and parents had been meeting on a regular basis to discuss developing a practice rink; and the estimated cost for a rink was $225,000.00 including fencing, lighting, and bleachers. Council/staff discussion followed regarding cost and amenities of 'roller hockey rink construction at Currie Middle School; liability insurance; forwarding a Council letter to the school district regarding construction of a rink at the proposed site; staff had monitored the Currie School tennis courts for 45 days revealing no usage of the site; and investigating other potential roller hockey sites in the City. The following member of the audience spoke on the rise in popularity of roller hockey; opposed removing existing recreation facilities to construct roller hockey rinks; and suggested constructing rinks at locations with expansion potential: Robert Wehn, 18082 Lillian Way, TUstin CONSIDERATION OF A GROUND LEASE WITH COX CALIFORNIA, PCS INC. FOR THE INSTALLATION OF A CELLULAR COMMUNICATION FACILITY AND ELECTRONIC SCOREBOARD AT THE TUSTIN SPORTS PARK (12850 ROBINSON DRIVE) Elizabeth Binsack, Director of Community Development, reported Cox California, PCS, Inc. was a public utility company licensed to operate Personal Communications Services in California by the .Federal Communications Commission. She stated that Cox was developing a network in Orange County and was requesting approval to locate a cellular communication facilit~ at the Tustin Spor~s Park and had offered public improvements including purchase and installation of two scoreboards and controllers. She summarized 'the scoreboard project including electronic equipment area size; installation of three sets of antenna array mounted vertically on three 80-foot light standards; equipment would be approximately 100 linear feet from Jamboree Road located between fields 2 and 3; scoreboard size; and the equipment area would be surrounded by a 6-foot fence bordered by mature landscaping. She identified the major provisions of the lease including term expiration; optional five one-year lease renewals; Cox was required to pay. $1,000.00 monthly rent, obtain development permits, business licenses, and State and Federal licenses; conducting annual tests to insure emission levels did not exceed American National Standards CITY COUNCIL MINUTES Page 9, 12-2-96 Institute standards; and at-lease termination of cellular equipment removal. She said the Parks and Recreation Commission recommended approval of the project subject to the following conditions: notices be mailed to surrounding property owners within 300-foot radius of the park; posted notices on the project site, adjacent apartment complex, and City Hall; health study information made available for public inspection at City Hall; and annual emission tests. Council/staff discussion followed regarding recreation groups would benefit from scoreboard installation; several cities had existing cellular communication facilities on school and park sites; the necessity to create Council policy for future cellular communication facility installation requests; monthly rent to be set aside in a park maintenance fund; private property cellular communication facility requests were approved by the Planning Commission; reducing and camouflaging the pole height; Council review of future private and public property cellular communication facility installation requests; co-location lease stipulation; and the need for a Tustin High School swimming pool scoreboard. The following member of the audience spoke in opposition to the installation of a cellular communication facility at Tustin Ranch Sports Park due to potential health risks: Mark Roberts, 13003 Maxwell Drive, Tustin Council/staff/speaker discussion followed regarding emission calculations were precise; the Federal Communications Act · preempted local agencies' ability to deny cellular communication facility installation based solely on health risks; and parks should not be used for installation of these types of facilities. The following member of the audience spoke regarding radiation emitted from cellular communication facilities: Robert Wehn, 18082 Lillian Way, Tustin Elizabeth Binsack, Director of Community Development, clarified that this item was not a land use approval and Council could deny authorization of the lease with Cox; and a use permit for a facility on private property could not be denied based on potential health risks. The following member of the audience spoke on the antenna design, and spoke in favor of a ground lease with Cox California, PCS Inc. for the installation of a cellular communication facility and electronic scoreboard at the Tustin Sports Park; and studies revealed that the proposed facility was not a health risk: Steve Riley, J.M. Consulting Group, Inc. Council/Speaker Riley discussion followed regarding that radio frequency emitted from the antennas only; requested a letter, in layman's terms, from J.M. Consulting confirming the low radiation CITY COUNCIL MINUTES Page 10, 12-2-96 level that would emit from the antennas; and comparison of the radiation level between the proposed antennas and cellular telephones. It was moved by Doyle, seconded by Thomas, to authorize the City Manager to execute the Ground Lease between the City of Tustin and Cox California, PCS Inc. for the installation of cellular communications and scoreboard facilities at the Tustin Sports Park (12850 Robinson Drive). Motion carried 5-0. PUBLIC INPUT - None OTHER BUSINESS/COMMITTEE REPORTS TUSTIN HIGH SCHOOL FOOTBALL AND CROSS COUNTRY TEAMS Councilmembers Doyle, Potts, and Saltarelli commended the Tustin High School Football team on their advancement to the CIF semi- finals and the Cross Country team on placing second in the CIF finals. Councilmember Saltarelli commented on Cross Country player, C. J. Marciales' individual achievements. TUSTIN POLICE DEPARTMENT GANG SUPPRESSION UNIT Councilmember Doyle commended the Police Department Gang Suppression Unit for their continued success. SANTA COP PROGRAM Councilmember Doyle requested support for the Santa Cop Program. TUSTIN AREA SENIOR CENTER Councilmember Doyle commended the Senior Center staff for their successful program including 1,600 volunteer hours and a 20 percent increase in participation, and commented on programs and activities offered to seniors. TRAFFIC SIGNAL PHASING - PARKCENTER LANE Councilmember Saltarelli reported that traffic signal phasing at ParkCenter Lane was not functioning. CITY TREE TRIMMING CONTRACTOR Mayor Pro Tem Thomas and Councilmember Saltarelli commended the City's contractor for the survival of City trees during the recent wind storm. CITIZEN COMPLAINTS Mayor Pro Tem Thomas reported on complaints he received from the Serrano Development regarding excessive speeding on Pioneer Road and construction noise occurring. prior to 7:00 a.m. from the CITY COUNCIL MINUTES Page 11, 12-2-96 school and Lewis Homes development sites. Elizabeth Binsack, Director of Community Development, Suggested citizens contact the Police Department reference the construction noise violations, and citations would be issued to the developer, and she stated she would contact Lewis Homes regarding the complaints. HAPPY HANUKKAH Mayor Pro Tem Thomas wished everyone a Happy Hanukkah. CHRISTMAS TREE LIGHTING Mayor Worley announced the Tree Lighting Ceremony would be held December 5, 1996, at Peppertree Park. DOWNTOWN CHRISTMAS LIGHTING Mayor Worley reported the Downtown Business Association had suggested Christmas lighting for all trees in the downtown area. William Huston, City Manager, clarified that the request had been for permanent lighting of all trees, noted the considerable expense involved, and the Association would consider permanent lighting'as a future project. SISTER CITY - MATA MATA Mayor Worley reported on communication with the City's sister city, Mata Mata, in New Zealand, regarding a student exchange program. CLOSED SESSION - None ADJOURNMENT Mayor Worley adjourned the meeting at 9:48 p.m. The next regular meeting of the City Council was scheduled for Monday, December 16, 1996, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. TRACY WILLS WORLEY, MAYOR PAMELA STOKER, CITY CLERK