Loading...
HomeMy WebLinkAboutCC MINUTES 1999 08 02 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA AUGUST 2, 1999 CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Worley at 7:05 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. The Invocation was given by Councilmember Ports and the Pledge of Allegiance was led by YMCA Indian Maidens. 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 Christine Shingleton, Assistant City Manager Lois Jeffrey, City Attorney George Jeffries, City Treasurer Elizabeth Binsack, Dir. of Comm. Development Robert Schoenkopf, Police Captain Tim Serlet, Director of Public Works Ronald A. Nault, Finance Director Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir., Community Development Valerie Crabill, Chief Deputy City Clerk Doug Anderson, Senior Project Manager Karen Peterson, Acting Senior Planner Lori Ludi, Associate Planner Bettie Correa, Senior Personnel Analyst Approximately 25 in the audience PRESENTATION Mothers Against Drunk Drivers (MADD) - A representative from MADD presented awards to Police Officers Kilgore, Sauerwein and Wright in recognition of their extensive number of drunk driver arrests. PUBLIC INPUT After School Program/Heideman School - Ron Beaulac, 1927 E. 3rd Street, Long Beach, representing United States Youth Athletic Network, thanked Council for their support of a pilot after-school program at Heideman School. Drug/Alcohol Rehabilitation Center- Clarence McCollum, 14631 Dartmouth Circle, Tustin, and Michele Meyer, 12562 Ranchwood, Santa Ana, expressed opposition to a proposed Drug/Alcohol Rehabilitation Center on Carfax Drive and requested City staff assistance. Mayor Worley referred the matter to the City Attorney and Director of Community Development. Eucalyptus Tree Infestation - Sara Granik, 13839 Arapahoe, Tustin, expressed frustration with City staff response and treatment of her family regarding an insect infested eucalyptus tree adjacent to their property. Mayor Worley commented that the infestation was a regional problem. Minutes - City Council August 2, 1999 - Page PUBLIC HEARING ( ITEMS I THROUGH 2 ) 1. TENTATIVE PARCEL MAP 99-161 (APPLICANT: GREGORY BENNETT) Elizabeth Binsack, Director of Community Development, reported that Tentative Parcel Map 99-161 was a request to combine the three lots located at 145, 155 and 165 El Camino Real into one lot for the purpose of developing a 10,712 square foot building. She noted that there were conditions of approval that needed to be met prior to recordation of the Final Map. Mayor Worley opened the Public Hearing at 7:24 p.m. There were no speakers and the Public Hearing was closed. It was moved by Saltarelli, seconded by Doyle, to adopt the following Resolution No. 99-61 approving Tentative Parcel Map 99-161: RESOLUTION NO. 99-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 99-161 TO COMBINE THE THREE LOTS LOCATED AT 145, 155 AND 165 EL CAMINO REAL INTO ONE LOT FOR THE PURPOSE OF DEVELOPING A 10,712 SQUARE FOOT BUILDING Motion carried 5-0. 600-45 2. PLACING ASSESSMENTS FOR SOLID WASTE COLLECTION ON THE 1999-00 TAX ROLL Mayor Worley noted that a Public Hearing was required to place the proposed trash fees on the 1999-00 tax roll, and the proposed rate for residential units was $12.74 per month which was an increase of 1.6%. Mayor Worley opened the Public Hearing at 7:25 p.m. There were no speakers and the Public Hearing was closed. It was moved by Saltarelli, seconded by Thomas, to adopt the following Resolution No. 99-60 placing assessments for solid waste collection for residential units only on the tax roll for fiscal year 1999-00: RESOLUTION NO. 99-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 5473 ET SEQ. OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA, APPROVING AND ADOPTING A REPORT RELATIVE TO PARCELS OF REAL PROPERTY RECEIVING SOLID WASTE COLLECTION SERVICES, AND DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION TO BE ASSESSED AGAINST THE RESPECTIVE LOTS OR PARCELS OF LAND AS THEY APPEAR ON THE CURRENT ASSESSMENT ROLL 830-50 Motion carried 5-0. CONSENT CALENDAR (ITEMS 3 THROUGH 19 ) It was moved by Thomas, seconded by Doyle, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. 3. APPROVAL OF MINUTES- JULY 19, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of July 19, 1999. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,454,919.70 and ratify Payroll in the amount of $406,843.20. Minutes - City Council August 2, 1999 - Page 2 5. YEAR 2000 PLAN UPDATE REPORT-AUGUST Recommendation: Receive and file subject report as recommended by the Finance and Community Development Departments. 190-30 6. CENSUS 2000 UPDATE Recommendation: Receive and file subject report as recommended by the Community Development Department. 390-85 7. YEAR 2000 TELEPHONE SYSTEM MODIFICATIONS Recommendation: Approve telephone system upgrades with Pacific Bell and ~ appropriate $23,000 from the unappropriated fund balance of the General Fund as ~: recommended by the Finance Department. 400-10 8. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS Recommendation: Receive and file subject report as recommended by the Community Development Department. 690-10 9. RELEASE OF BONDS FOR TRACT NO, 14410 (EL DORADO) Recommendation: Authorize release of the following bonds for the indicated amounts: Faithful Performance Bond No. 415828S, $86,500.00; Labor and Materials Bond No. 415828S, $43,250.00; and Monumentation Bond No. 415829S, $15,000.00 as recommended by the Public Works Department/Engineering Division. 600-70 10. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 15527 (VIDORRA) Recommendation: Authorize release of the following Monumentation Bond for Tract No. 15527 for the indicated amount: Monumentation Bond No. 24-003-411, $3,000.00 as recommended by the Public Works Department/Engineering Division. 600-70 11. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 14797 (VIDORRA) Recommendation: Authorize release of the following Monumentation Bond for Tract No. 14797 for the indicated amount: Monumentation Bond No. 24-004-482, """ $3,900.00 as recommended by the Public Works Department/Engineering Division. 600-70 12. RELEASE OF BONDS FOR TRACT NO. 15292 (LA MONTANA) Recommendation: Authorize release of the following bonds for the indicated amounts: Faithful Performance Bond No. 3SM-887-357-00, $173,000.00; Labor and Materials Bond No. 3SM-887-357-00, $86,500.00; and Monumentation Bond No. 3SM-887-358- 00, $11,594.00 as recommended by the Public Works Department/Engineering Division. 600-70 13. RESOLUTION NO. 99-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF A NOTICE OF COMPLETION FOR THE UNDERGROUND STORAGE TANK REMOVAL AND REPLACEMENT PROJECT (CIP 100033) Recommendation: Adopt Resolution No. 99-62 accepting said work as complete and authorizing 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 thirty-five (35) days after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Field · ."-. Services Division. : 400-45 14. JOINT USE AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SOUTHERN CALIFORNIA EDISON COMPANY Recommendation: Approve Joint Use Agreement with the Southern California Edison Company and authorize the Mayor and City Clerk to execute said agreement on behalf of the City as recommended by the Public Works Department/Engineering Division. 400-10 15. RESOLUTION NO. 99-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 99-2 Recommendation: Adopt Resolution No. 99-58 approving Lot Line Adjustment No. 99- 2 as recommended by the Public Works Department/Engineering Division. 600-35 Minutes - City Council August 2, 1999 - Page 3 16. ANIMAL CONTROL/SHELTER CONTRACT FOR FISCAL YEAR 1999-00 Recommendation: Authorize the Mayor to execute the Animal Control/Shelter agreement for fiscal year 1999-00 in the amount of $131,773 and appropriate an additional amount of $41,773 from the unappropriated fund balance of the General Fund as recommended by the Finance Department. 400-70 17. AMENDMENT TO THE SEVEN YEAR PARK CAPITAL IMPROVEMENT PROGRAM Recommendation: Amend the Parks and Recreation Capital Improvement Program to include improvements to the tot lot at Laurel Glen Park and the development of a master plan for Lemon Tree Park in fiscal year 1999-00 as recommended by Parks and Recreation Services. 330-60 18. RESOLUTION NO, 99-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR PEPPERTREE/MAGNOLIA TREE PARK REHABILITATION (PROJECT NO. 400039) Recommendation: Adopt Resolution No. 99-59 approving plans and specifications for rehabilitation of Peppertree and Magnolia Tree Parks, and authorizing the City Clerk to advertise for bids as recommended by Parks and Recreation Services. 920-60 920-50 19. DENIAL OF CLAIM NO. 99-12, CLAIMANT: ALYCE SKALLERUD Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. 180-10 REGULAR BUSINESS ( ITEMS 20 THROUGH 23 ) 20. CITY ATTORNEY RETAINER AGREEMENT William Huston, City Manager, reported that rates for the City Attorney had not increased since 1995, and proposed rates were $135 per hour for associate attorneys, $145 per hour for partners, and $75 per hour for paralegals. It was moved by Saltarelli, seconded by Thomas, to approve the proposed rate increases specified in the staff report through adoption of the following Resolution No. 99-63: RESOLUTION NO. 99-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDED EXHIBIT "A" TO THE RETAINER AGREEMENT FOR CITY ATTORNEY SERVICES 400-10 Motion carried 5-0. 21. ORDINANCE NO. 1219 - REGULATION OF ROLLERSKATING AND SKATEBOARDING ACTIVITIES Patrick Sanchez, Director of Parks and Recreation Services, reported staff was recommending adoption of Ordinance No. 1219 to regulate rollerskating and skateboarding activities on private and public property, the Ordinance would provide enforcement of these activities in properly posted areas, staff had received complaints regarding hazardous pedestrian conditions, parks had experienced considerable damage from skateboarders, and the ordinance contained provisions for property owners/tenants to submit petitions for designating no skateboarding/rollerskating areas. Council/staff discussion followed regarding types of damage caused by skateboarders, skateboarding activity on public streets, prohibitions would only occur in specifically posted park areas, and fees charged for private property postings. Councilmember Saltarelli stated he did not condone destruction of public or private property, skateboarding was a popular activity among youth, anyone caught vandalizing could be fined under existing code sections, parks had been constructed to Minutes - City Council August 2, 1999 - Page attract youth away from unsafe street activities, expressed appreciation for skateboarding abilities, opposed stifling skateboarding/rollerskating in parks, vigilance against vandalism should take the place of prohibitions, posting of signs prohibiting skateboarding on picnic tables was acceptable, and he could not support adoption of the ordinance as written. Councilmember Doyle expressed strong support for allowing prohibitions on private property to protect owners from vandalism, litigation, and high insurance rates; noted signs prohibiting activity at his restaurant had been removed by vandals; and the City needed regulations to protect park property. Mayor Worley stated her understanding of the proposed action was to eliminate rollerskating/skateboarding at Cedar Grove, Frontier, Heritage, Camino Real, and Peppertree Parks, she believed the restrictions were too broad, commented that her family would be in violation because rollerskating at parks was one of their favorite activities, wanted the restrictions geared toward controlling damage caused by skateboarding in specific areas/equipment, and opposed banning rollerskating in parks that were specifically designed to attract this activity. Councilmember Potts commented that private property could be posted against trespassing and vandalism, residents witnessing vandalism should contact the Police Department, believed there was insufficient data at this time to restrict these activities in parks, and requested the matter be returned to Council at a later date with specific identifiable problems. Council/staff discussion followed regarding modifying action to apply to only private property, exclusion of rollerskating activity in the ordinance, and construction of skateboard parks in surrounding areas. William Huston, City Manager, suggested Council table the matter and staff would return at a later date to address the private property issue and narrow the focus of the ordinance. It was moved by Potts, seconded by Thomas, to table Ordinance 1219. Motion carried 5-0. 440-10 22. FEE WAIVER - DINOSAUR DASH Bob Machado, Tustin Public Schools Foundation representative, thanked Council for their previous support of Dinosaur Dash and reported on details of the event to be held November 14. It was moved by Doyle, seconded by Thomas, to waive all costs and fees for the 1999 Dinosaur Dash. Motion carried 5-0. 330-20 Mayor Pro Tem Thomas and Councilmember Potts commended Mr. 'Machado for his volunteer commitment to the community. 23. STATUS REPORT OF THE TUSTIN COMMUNITY FOUNDATION Chuck Puckett, Foundation President, commented on his history with the Foundation and commended the guidance provided by Executive Director Kiley to the Foundation Board. Bob Kiley, Executive Director of the Foundation, gave an extensive presentation to the City Council on the Foundation's financial status, contributions received, and numerous 1998 achievements. Councilmember Potts requested that his remarks be taken seriously by the Foundation, noted that as a law enforcement officer he witnessed embezzlement, was Minutes - City Council August 2, 1999 - Page 5 concerned how donated money was spent and who benefited, expressed concern that a $1500 contribution attributed to Pacific Bell was actually donated by the Tustin Pride Committee and should be accounted for separately, accounting accuracy was important to contributors, and contributors should receive personal acknowledgment of their donations. Mr. Kiley responded that the Foundation provided accounting services for the Tustin Pride Committee, clarified that the money came from Tustin Pride through the Foundation, the Tustin Pride Committee was not 501C3 rated for non-profit organizations, and contributors received appreciation notice from the Foundation within 48 hours. Mayor Pro Tem Thomas stated the Foundation provided the option of designating a donation for a specific project, noted Council's past discussions of funding the Executive Director's position in the future, clarified his position favoring the City subsidizing the Director's position, the Foundation was currently solvent and could fund the Director's position, expressed opposition to allocating the Foundation's first $30,000 raised for payment of the Director's salary, commented on the community's hesitancy to donate funding for administrative costs, and suggested the Council at least consider funding half Of the Director's salary. Councilmember Saltarelli commented that it was difficult and inappropriate for City Councilmembers and staff to fundraise; the City's salary contribution was returned in- kind to the community through Mr. Kiley's successful fundraising efforts; believed the City was far from the point of abandoning the Foundation; the Foundation provided a service to the community the City could not provide; commended the Foundation Board, volunteers, and Director for their remarkable fundraising efforts; and expressed support for continuing the City's contribution. Mayor Worley noted that it had always been the goal of the Council for the Foundation to be independent and self-sufficient, agreed that the Foundation performed a valuable outreach service to the community with a key group of Board members and volunteers, stated she wanted the connection to the City weaned in the near future, and expressed concern that the City's support not remain open-ended. Councilmember Doyle opined that the City's contribution should only be seed money, noted that the City had previously contributed $60,000 to fund the Executive Director position, City funding should only be in the form of an interest-free loan repaid by the Foundation in the future, expressed appreciation that the Foundation was self- supporting, voiced his approval for the City contributing toward specific projects, and stated he was opposed to funding administrative costs. Councilmember Potts noted this was a receive and file action; that prior to the matter returning to Council for salary or administrative percentage discussion, he would like to receive background information and data regarding administrative costs for the Tustin Public Schools Foundation; and commented on the continuing success of the Tustin Community Foundation. Mayor Pro Tem Thomas reiterated his request that the City Council not view a contribution as funding the Director's position; he adamantly believed the City should be involved and expressed surprise at the Council's lack of support; noted the numerous contributions the City gave to local groups; commented that many cities supported this type of endeavor; stated the Director was not adequately compensated for the time and effort he expended, contributors donated funding to the Foundation without expectancy of repayment; and he asked that the City give based on the Foundation's assistance to the community, not as an accounting issue. Mayor Worley replied that her position was to wean the FoUndation from City financial support and the Foundation needed to stand independently. It was moved by Thomas, seconded by Potts, to receive and file subject report. 125-45 Motion carried 5-0. Minutes - City Council August 2, 1999 - Page 6 PUBLIC INPUT Tustin Community Foundation - Ron Beaulac, 1927 E. 3rd Street, Long Beach, spoke in support of the Foundation and Executive Director Kiley's community service. OTHER BUSINESS / COMMITTEE REPORTS Staff Commendations - Councilmember Doyle commended the Community Development Director for assistance rendered during an irate citizen incident, and commended the Parks and Recreation Director for the excellent speech he wrote for the Senior Center anniversary celebration. Mayor Pro Tem Thomas also commended the Parks and Recreation Director for his speech writing capabilities. Personal Messages- Councilmember Doyle sent personal messages to friends. Senior Center 10t" Anniversary Celebration Councilmember Ports commended Senior Center staff and volunteers for their contributions to a successful event. Mayor Worley commended Margarete Thompson for her efforts to insure a successful Senior Center anniversary celebration. Peters Canyon Regional Trail - Councilmember Ports reported the Cities of Tustin and Irvine may jointly apply for grant funding for partial completion of the Peters Canyon Regional Trail. Senior Center Air Conditioning - Councilmember Saltarelli verified that the air conditioning was operating at the Senior Center. El Toro Airport - Mayor Pro Tem Thomas noted that to his dismay while on a recent vacation, he met Orange County residents who wanted to discuss the El Toro airport issue. Doggie Walk Bags - Mayor Worley reported park doggie bag containers needed to be replenished. Library Task Force - Mayor Worley questioned when the Library Task Force would meet. Staff responded a meeting was tentatively scheduled with Orange County Supervisors Spitzer and Wilson for late August-early September. Concerts in the Park- Mayor Worley reminded everyone to attend Concerts in the Park on Wednesday evenings. Solid Waste Contract - Councilmember Potts reported he had met with the solid waste consultant, submitted questions to them, and commended community members who had supported the solid waste contract ballot measure. , CLOSED SESSION - Mayor Worley announced the City Council would convene in closed session to confer with the City Attorney pursuant to Government Code Section 54956.9 regarding pending litigation to which the City was a party: Irvine Engineering Corporation v. City of Tustin, OC Case No. 807812. ADJOURNMENT - Mayor Worley adjourned the meeting at 8:21 p.m. The City Council had scheduled a Solid Waste Services Workshop on August 16, 1999, at 5:30 p.m. in the Community Center; and the next regular meeting of the City Council was scheduled for August 16, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. PAMELA STOKER, CITY CLERK Minutes - City Council August 2, 1999 - Page ?