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HomeMy WebLinkAbout15 MINUTES 11-20-95 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA NOVEMBER 6, 1995 NO. 15 11-20-95 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Pott~ 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 Mayor Pro Tem Worley. ROLL C~LL Council Present: Council Absent: City Clerk'. Others Present: Tracy A. Worley, Mayor. Pro Tem Mike Doyle -- JefferyM. Thomas Jim Potts, Mayor Thomas Saltarelli Pamela Stoker William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager 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 Rita Westfield, Asst. Dir./Com. Development Rick Zimmer, Redevelopment Program Manager Rick Brown, Building Official Gary Magill, Recreation Superintendent Christi Carpenter, Recreation Coordinator Joe Meyers, Administrative Assistant Approximately 50 in the audience PRESENTATION Margarete Thompson, representing the Tustin Community Foundation and Chili.Cook-Off Committee, presented a $2500 check from 1995 Chili Cook-Off proceeds to the Food Distribution Center of Orange County.. John Heffernan, Food Distribution Center of Orange County, said the Center had submitted an application to locate a facility on the Tustin Marine Corps Air Station upon its closure; noted 11 million pounds of food had been distributed in 1994 and the Center provided service to approximately 180,000 people a month; noted the Center's non-profit status; and thanked council, the Tustin Community Foundation and Chili Cook-Off Committees for selecting the Food'Distribution Center as the recipient of the donation. CITY COUNCIL MINUTES Page 2, 11-6-95 PROCLaMaTIONS TUSTIN TILLER DAYS ORGANIZING COMMITTEE AND TUSTIN TILLER DAYS PAI~ADE COMMITTEE Mayor Pro Tem Worley read and presented proclamations to the following members of the Tustin Tiller Days Organizing Committee and the Tustin Tiller Days Parade Committee: Linda Andrews, Beverly Barrington, Kimberly Bass, Don Biery, Cherrill Cady, Marisa Charette, Dave Denton, Claudia Flint,.Mike Harlin, Ardelle Hill, Carl Hill, Kenn Hobson, Maureen Holthe, Kathy. Kelly, Dale Mitbo, Vivien Owen, Judy Schnitzer, Lowell Sneathen, Kevin Smith, Sharon Spiak, Margarete Thompson, Dave Vandaveer, and Julie Wagner. Cherrill Cady, representing the Tustin Tiller Days Organizing' Committee, thanked Council for the proclamations and commended the volunteers and staff on a successful event. Councilmember Doyle noted his attendance at the first Tiller Days Parade 37 years ago; commended the Committees for an outstanding festival; indicated it would be hard to surpass this year's event; and thanked the volunteers on behalf of the community. COMMUNITY CRIME FIGHTER NEwspApER Mayor Pro Tem Worley read and presented a proclamation to Claire Braeburn recognizing the Community Crime Fighter newspaper. Claire Braeburn, Community Crime Fighter newspaper, thanked Council for the proclamation; expressed satisfaction for the opportunity to provide education and awareness to'the community; encouraged public participation and feedback; and 'stated the newspaper would focus on positive community influences. PUBLIC INPUT CITIZEN COMPL&INTS. - ECONO LUBE N TUNE Sherry Chiusolo, 125 N. "C" Street, Tustin, presented a petition from "C" Street residents protesting Sunday operation of the Econo Lube N Tune located on First Street. Christine Shingleton, Assistant City Manager, responded that the City .was unable to regulate hours of operation but would investigate if'other violations were occurring. Irwin Gross, 125 N. "B# Street, Tustin, spoke in opposition to Sunday operation of Econo Lube N Tune. Staff/speaker Gross discussion . followed regarding reviewing resident complaints on a case-by-case basis. Councilmember Doyle expressed opposition to restricting hours of operation for businesses and supported reviewing complaints on a CITY COUNCIL MINUTES Page 3, 11-6-95 case-by-case basis. TUSTIN UNIFIED SCHOOL DISTRICT VOLUNTEER INSTRUCTIONAL PROGP. AM Dr. Malcolm Jones, 1015 Castlegate Lane, Santa Aha, reported on the Tustin Unified School District Volunteer Instructional Program and requested Council encourage participation in the program. Mayor Pro Tem Worley responded that the program was worthwhile and she endorsed the program. UPGRADE TRAFFIC CONTROLS AT PARKCENTER LANE/EL CAMINO RE/%L Tinamarie Crislip, 13800 Parkcenter Lane #302, Tustin, requested an upgrade of traffic controls at Parkcenter Lane and_E1 Camino Real due to'safety concerns. William Huston, City Manager, stated staff would submit a report 'in 30 days. DINOSAUR DASH - NOVEMBER 12, 1995 Marjorie Kasalek, Dinosaur Dash representative, invited the community to participate in the Dinosaur Dash event on November 12, and presented Council with t-shirts. POB:~,.~C HEAR.T. NG (TTEMB I TH:I;U:)UGH 3) lo ,~'~M. ENDMENTS TO THE CITIZEN PARTICIPATION PLaN FOR PREPAP~TION OF CONSOLIDATED PI.~N Rita Westfield, Assistant Director of Community Development, reported that on August 5, 1994, the Department of Housing and Urban Development (HUD) issued a Proposed Rule containing regulations to the Consolidated Plan which required adoption of a Citizen Participation Plan, a strategy for encouragingcitizens to participate in the development of the Consolidated Plan; amendments to' the Plan; and related performance reports. She stated that-subsequent to adoption of the Citizen Participation Plan, the City received a Final Rule on the Consolidated Plan from .HUD revising required elements of the citizen Participation Plan. The changes included minor format changes, amendment criteria, public noticing hearings, publishing the Plan, performance reports, citizen comments, and participation in the Plan by low and moderate income and public-assisted housing residents. Mayor Pro Tem Worley opened the public hearing at 7: 38 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Doyle, seconded by Thomas, to adopt the following ResolUtion No. 95-100 approving amendments to the Citizen Participation Plan for the preparation of the Consolidated Plan: CITY COUNCIL MINUTES Page 4, 11-6-95 RESOLUTION NO. 95-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING AN AMENDED CITIZEN PARTICIPATION PLAN Motion carried 3-0, Potts, Saltarelli absent. CODE.AMENDMENT 95-003, ALCOHOLIC BEVERAGE SALES (CITY OF TUSTIN) Mayor Pro Tem Worley stated that due to the importance of this issue, all members of Council should be present, and requested the matter be continued to the November 20, '1995 Council meeting. It was ~oved by Worley, seconded by Doyle, to continue this item to the November 20, 1995 Council meeting. Motion carried 3-0, Potts, Saltareili absent. PROPOSED ADOPTION OF THE UPDATED EDITION OF UNIFORMFIRECODE WITH LOCAL MODIFICATIONS Rick Brown, Building Official, explained that the Uniform Fire Code was revised every three years to incorporate changes based on evolving technologies and past disasters. As part of the modifications, the Orange County Fire Authority (OCFA) requested the City adopt a local code amendment requiring a minimum threshold for residential fire sprinklers for all new dwellings at 5,500 square feet. He said the proposed fire sprinkler amendment and other local, modifications detailed in the staff report were supported by the OCFA and staff. The following member of the audience spoke in support of the adoption of the Updated Edition of Uniform Fire Code with Local Modifications · · Pat Walker, Orange County Fire Authority Fire Marshall CoUncil/staff discussion followed regarding requiring fire sprinklers for dwellings at 5,500 square feet provided a countywide uniformity requirement. Mayor Pro Tem Worley opened the public hearing at 7:48 p.m. The following member of the audience questioned the logic of requiring fire sprinklers exclusively for dwellings at 5,500 square feet: Alex Carassi, 17961 Arbolata Way, Tustin, Council/speaker Carassi discussion followed regarding the number of recently built homes in Tustin that met the 5,500 square foot requirement; North Tustin Advisory Committee required fire sprinklers in homes not accessible by'the Fire Department; and the 5,500 square foot fire sprinkler requirement. CITY COUNCIL MINUTES Page 5, 11-6-95 There were no other speakers on the subject and the public hearing was closed at 7:49 p.m. It was moved by Doyle, seconded by Thomas, to adopt the following Resolution No. 95-92 setting forth findings in conformance with State law for certain local modifications and changes to the Uniform Fire Code: R~SOLUTION NO. 95-9Z - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING.FORTH FINDINGS WITH RESPECTTO LOCAL CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE UNIFORM FIRE CODE REASONABLY NECESSARY Motion carried 3-0, Potts, Saltarelli absent. - _ It was moved by Thomas, seconded by Doyle, to have first reading by title only of the following Ordinance No. 1159: ORDINANCE NO. 1159 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING SPECIFIC SECTIONS OF ARTICLE 5 OF THE TUSTIN CITY CODE AND ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1994 EDITION, WITH APPENDICES AND THE 'UNIFORM FIRE CODE STANDARDS, 1994 EDITION WITH APPENDICES; WITH AMENDMENTS THERETO AS THE FIRE PROTECTION REGULATIONS OF THE CITY OF TUSTIN Motion carried 3-0, Potts, Saltarelli absent. Following first reading by title only of Ordinance No. 1159 by the City Clerk, it was moved by Thomas, seconded by Doyle,. that Ordinance No. 1159 be introduced. Motion carried 3-0, Potts, Saltarelli absent. oNs T.nNm (ImmS 4 mmou It was moved by Thomas, seconded by Doyle, to approve the Consent Calendar as recommended by staff. Motion carried 3-0, Potts, Saltarelli absent. e APPROVA~ OF MINU~ES - oCTOBER 16, 1995 REGULAR MEETING Recommendation: Approve City Council Minutes of October 16, 1995. e APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,864,237.03 and ratify Payroll in the amount of $322,418.14. PL~NRING COMMISSION ACTION AGENDA - OCTOBER. 23, 1995 All actions of the Planning Commission become final 'unless appealed by the City Council or member of the public. Recommendation: Ratify Planning Commission Action Agenda of October 23, 1995. 1995-96 FUNDING REQUEST AND AGREEMENT FOR SENIOR TRANSPORTATION SERVICES - OI~%NGE COUNTY TI~%NSPORTATION AUTHORITY Recommendation: Renew subject annual agreement with the Orange CITY COUNCIL MINUTES Page 6, 11-6-95 County Transportation Authority to provide senior citizen transportation services for the congregate meal program at the Tustin Area Senior Center as recommended by the Community Services Department. 8, AWARD OF CONTRACT FOR PUBLICATION OF CITY NOTICES Recommendation: Award a one,year contract to the Tustin Weekly newspaper for publication of City legal and general notices, and authorize the Mayor and City Clerk to execute subject agreement as recommended by the Office of the City Clerk. 10. 11. APPROVAL OF LEAVE OF ABSENCE IN EXCESS OF 30 DAYS Recommendation: Authorize the City Manager to approve a leave of absence without pay for medical reasons until April 1996 for Stan Kaminiarz, a custodian assigned to the Communi~ Services Department as recommended by the Community Services Department, RESOLUTION NO. 95-105 - 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 VANDENBERG. WELLHEAD' FACILITIES, PROJECT'NO. 600065 Recommendation: Adopt Resolution No. 95-105 accepting said work and authorizing recordation of the Notice of Completion as recommended by the Public Works Department/Water Division. AWARD OF CONTRACT FOR ANNUAL SIDEWALK, CURB AND GUTTER AND INTERLOCKING PAVER REPAIR PROJECT, FY 1995-96 (PROJECT NO. 4020- 6235) Recommendation: Award subject project to West CoastConstruction in the amount of $225,488.45 as recommended by the Public Works DePartment/Engineering Division. 12. RESOLUTION NO. 95-106 - 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 SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM PROJECT NO. 600064 RecOmmendation: Adopt Resolution No. 95-106 accepting said work and authorizing recordation of the Notice of Completion as recommended by the Public Works Department/Water Division. 13. GREAT WESTERN RECLAMATION ANNUAL REPORT Recommendation: Receive and file subject report as recommended by the Public Works Department. REGULM~ BUSINESS (ITEM~ 14 THROUGH 18) 14. APPOINTMENT OF NEW CHAMBER OF COMMERCE MEMBER TO THE MCAS TUSTIN BASE CLOSURE~ TASK FORCE It was moved by Doyle, seconded by Thomas, to appoint Paul'Irby as the Chamber of Commerce's alternate representative; and appoint Mayor Pro Tem Worley as the Council-alternate representative to the MCAS Tustin Base Closure Task Force. .Motion carried 3-0, Potts, Saltarelli absent. CITY COUNCIL MINUTES Page 7, 11-6-95 15. 16. 17. REQUEST FOR PROPOSAL FOR ciTY VIDEO It was moved by Thomas, seconded by Doyle, to authorize the issuance of a Request for Proposal for the preparation and production of a video on the City of Tustin. Motion carried 3-0, Potts, Saltarelli absent. COOPERATIVE AGREEMENT BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AND THE CITY OF TUSTIN FOR FUNDING THE PURCHASE OF A COMMUTER RAIL STATION SITE IN TUSTIN Rita Westfield, Assistant Director of Community Development, reported that staff and the Orange County Transportation Authority (OCTA) had created a uooperative agreement allowing transfer of Measure M monies to the City for acquisition of a 3.66 acre site, located at Jamboree Road and Edinger Avenue, for development of a commuter rail station. She stated the monies committed from OCTA were not adequate to fund station design .and construction; however, funding was adequate' to finance the majority of site acquisition costs. She said the City had available secured source funding to cover the shortfall for remaining acquisition costs. She' explained the Cooperative Agreement set provisions for property acquisition, property maintenance and repair, security, parking, insurance, and agreement term. Council/staff-discussion followed regarding shortfall funding options and the agreement's property disposition flexibility in the event the station was not constructed by 2000. It was moved by Thomas, seconded by Doyle, to approve the cooperative Agreement by and between the Orange County Transportation Authority and the City of Tustin to provide funding for the acquisition of property for a Metrolink Commuter Rail Station and authorize the ASsistant City Manager to execute subject Agreement. Motion carried 3.-0, Potts, Saltarelli absent. APPROVAL OF ANAGREEMENTWITH ELLERMEDIACOMPANYFOR BUS SHELTERS AND BENCHES-(formerly Patrick-Target Media) Mayor Pro Tem Worley stated that Councilmember Doyle had requested this item be continued to' the November 20,' 1995 Council meeting to clarify project funding questions. Councilmember Thomas objected to continuance of this item because of the excessive project delay. Council/staff discussion followed regarding resolving the issue immediately due to the project delay; and that continuing the item for two weeks would not impact the project. Council concurred to continue this item to the November 20, 1995 Council meeting. CITY COUNCIL MINUTES Page 8, 11-6-95 18. GENERAL MUNICIPAL ELECTION - MARCH 26, 1996 Valerie Crabill, Chief Deputy City Clerk, reported that Council approval would provide notice of the March 26, 1995 General Municipal Election and .consolidation with the county; and a Council decision was required to determine if a separate sample ballot mailing was desired. It was moved by Thomas, seconded by Worley, to adopt the following Resolution No. 95-103 as amended by the City Council, calling and giving notice of the March 26, 1996 General Municipal Election and requesting the Orange County Board of Supervisors order consolidation and render specified election services: RESOLUTION NO. 95-103 - A RESOLUTION OF THE CITY COUNCIL OF CITY OF TUSTIN, CALIFORNIA, (1) CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; (2) REQUESTING THE COUNTY BOARD OF SUPERVISORS ORDER CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE DIRECT PRIMARY ELECTION ON MARCH 26, 1996; (3) AUTHORIZING' THE COUNTY BOARD OF SUPERVISORS TO CANVASS THE ELECTION RETURNS; AND (4) PROVIDING FOR EXPENSES OF THE ELECTION Motion carried 2-1, Doyle opposed; Potts, Saltarelli absent. It was moved by Thomas, seconded by Worley, to adopt the following Resolution No. 95-104 setting candidate statement regulations without separate sample ballot mailing: RESOLUTION NO. 95-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TOCANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON MARCH 26, 1996 Motion carried 2-1, Doyle-opposed; Potts, Saltarelli absent. PUBLIC INPUT - None OTHER BUSINESS TUSTIN 'HIGH SCHOOL FIREWORKS' Councilmember Doyle reported that recent fireworks at Tustin High School was for homecoming and was not a City event. OPPOSED TO SA~RY INCREASES - SUPERVISOR SALTARELLI'S STAFF Councilmember Doyle expressed displeasure that newly appointed County Supervisor Saltarelli had increased the salaries of his staff. CITY COUNCIL MINUTES Page 9, 11-6-95 LEAGUE OF CITIES CONFERENCE Councilmember Thomas expressed displeasure with an Orange County Register article reporting Council ~attendance at the League of Cities Conference in San Francisco as a pleasure trip. He noted that the days were spent in beneficial meetings and he was not pleased with the Register's Portrayal of the conference. Mayor Pro Tem Worley expressed displeasure with the Register's reporting of the League Conference, stated she had issued a rebuttal letter that was not published, and reported League meetings had been informative and educational. TUSTIN SPORTS PARK OPENING Mayor Pro Tem Worley reported on the successful opening of the Sports Park.and the facility was being heavily utilized. /~kTOU~NT IN MEMORY OF CITY EMPLOYEE NENDY HALLMAN Mayor' Pro Tem Worley requested adjournment in memory of Wendy Hallman, Junior Civil Engineer for the City, who recently passed away. COMMITTEE REPORTS None CLOBED SESSION - None AD~OU~NKENT Mayor Pro Tem Worley adjourned the meeting at 8:08 p.m. in .memory of Wendy Hallman. The next regular meeting of the CitY Council was scheduled for Monday, November 20, 1995, at 7:00 p.m. in the Council Chambers'at 300 Centennial Way. JIM POTTS, MAYOR PAMELA STOKER, CITY CLERK ..