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HomeMy WebLinkAboutCC MINUTES 1998 07 07 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JULY 7, 1998 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION .. The meeting was called to order by Mayor Saltarelli at 7:07 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Boy Scout Troop 36. The Tnvocation was given by Dr. Lloyd Strelow, Peace Lutheran Church. ROLL CALL Council Present: Thomas R. Saltarelli, Mayor Tracy Wills Worley, Mayor Pro Tem Hike Doyle 3im Potts 3effery H. Thomas Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois 3effrey, City Attorney Christine Shingleton, Assistant City Manager George 3effries, City Treasurer Steve Foster, Chief of Police Ronald A. Nault, Finance Director 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 Gary Veeh, Water Services Hanager Bettie Correa, Senior Personnel Analyst Approximately 60 in the audience PROCLAMATION ETHEL CARR, "MISS CHILI PEPPER 1912" Hayor Saltarelli read and presented a proclamation to Ethel Carr, "Hiss Chili Pepper 1912,' for her participation in the El Camino Real/Chili Cook-Off for the past 12 years. Ethel Carr thanked Council for the proclamation. EL CAMINO REAL STREET FAIR STEERING COMMITT'EE Hayor Saltarelli read and presented proclamations to the El Camino Real Street Fair Steering Committee members: Linda Andrews, Beverly Barrington, Barbara Birnbrauer, ..-. Nick Burkey, Kenn Hobson, Maureen Holthe, Charlie Kim, 3im Lynch, 3anet Schwartz, Margarete Thompson, Donna Wilks, and Tustin Host Lions for assisting with staging the El Camino Street Fair. Nick Burkey commended the El Camino Real Street Fair Steering Committee; remarked on the success of the fair; and thanked Council for the proclamations. Mayor Saltarelli commented on how enjoyable and well attended the fair was this year; commended the committee's hard work to achieve such a successful event; and thanked all the sponsors for participating in the fair. CITY COUNCIL MINUTES Page 2, 7-7-98 PRESENTATION CITY OF TUSTIN SCHOLAR-ATHLETE AWARD WINNERS: NICK ELLIS, KATHERINE HENZE, MAYRA MENDOZA, AND CASEY WINN Mayor Saltarelli explained the Scholar-Athlete Award program at Tustin and Foothill High Schools and stated that the Tustin Community Foundation would facilitate the program next year. Ken Eckman, Parks and Recreation Commission, thanked staff for a job well done and Council for supporting the scholarship program; stated the program was to acknowledge students who were academically and athletically outstanding within the community; and two students were selected as scholar-athlete winners from each high school. AI Murray and Ken Eckman, Parks and Recreation Commission, introduced scholar- athlete winners: Nick Ellis, Foothill High School; Katherine Henze, Foothill High School; Mayra Mendoza, Tustin High School; and Casey Winn, Tustin High School, and presented each winner with a $1,000 scholarship award. Mayor Saltarelli read a plaque which was presented to each of the scholar-athlete winners at a recent Parks and Recreation Commission meeting. AI Murray thanked Council, staff, the Parks and Recreation Commission, parents, and teachers for supporting the scholarship program. Mayor Saltarelli remarked on the high caliber of students honored and wished the scholar-athlete winners success in the future. 120-40 PUBLIC INPUT 4TH OF JULY FIREWORKS SHOW Helen Edgar, 13622 Loretta Drive, Tustin, praised the 1998 4th of July Fireworks event at Tustin High School, as the best ever held, commented on the dancing performed by Councilmember Worley, and requested the same fireworks vendor be used for next year's show. Mayor Pro Tem Worley stated that her neighbors attending the event said every aspect of the show was outstanding. ORANGE COUNTY VECTOR CONTROL Fable Combs, Vector Control representative, reported that Vector Control annual per parcel fees would not be increased and reported on Vector Control activities related to the Africanized Honey Bee. CIVIC CENTER WISHING WELL Fable Combs, Tustin, stated that the Civic Center Wishing Well was hidden by dense shrubbery and requested pruning and/or removal of the shrubs. 4TH OFJULY PARADE Fabie Combs, Tustin Meadows Homeowners Association representative, thanked Council for their participation in the Association's 4m of 3uly Parade. PUBLIC HEARING ( ITEM 1 ) CONSIDERATION OF THE LEVY OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 1998-99 Tim Serlet, City Engineer, reported that the Tustin Landscape and Lighting District was originally established in 1985 under the 1972 Lighting and Landscaping District Act; last CITY COUNCIL MINUTES Page 3, 7-7-98 year's assessments were re-analyzed and modified to conform to requirements of Proposition 218 and were subsequently approved by property owners through a ballot process; the District was comprised of 4,639 parcels, provided landscaping of parkways, trails, and Jamboree Road slopes, 760 street lights on arterial streets, and 87 street lights on local streets; this year's assessment represented an increase of 60 cents for a single family unit; this was the first increase since fiscal year 94/95; and the increase was due primarily because of the minimum wage increase for labor used in the landscape contracts. Mayor Saltarelli opened the Public Hearing at 7:35 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Ports, seconded by Thomas, to adopt the following Resolution No. 98- 55 confirming the annual assessments for fiscal year 1998-99: RESOLUTION NO, 98-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 1998-99 Motion carried 5-0. 340-60 CONSENT CALENDAR (ITEMS 2 THROUGH 19 ) Items No. 11, 13, 16, and 18 were removed from the Consent Calendar by Councilmembers Doyle and Ports. It was moved by Thomas, seconded by Ports, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 2, APPROVAL OF MINUTES - JUNE 15, 1998 REGULAR MEETING Recommendation: Approve the City Council Minutes of June 15, 1998. 3, APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,220,174.55 and ratify Payroll in the amount of $366,002.47. 380-10 360-82 4. PLANNING COMMISSION ACTION AGENDA - JUNE 22, 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 June 22, 1998. 120-50 5. ANIMAL CONTROL/SHELTER CONTRACT FOR FISCAL YEAR 1998-99 Recommendation: Authorize the Mayor to execute the Animal Control/Shelter Agreement for fiscal year 1998-99 in the amount of $78,175.00 as recommended by the Finance Department. 400-70 6. AWARD OF CONTRACT FOR ANNUAL CITY-WIDE PAVEMENT MARKING AND STRIPING PROGRAM Recommendation: Award contract for Annual Pavement Marking and Striping Program "' to J & S Sign Company, Inc. in the amount of $114,185.50 and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Engineering Division. 400-45 7. RESOLUTION NO. 98-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 98-1: JAMBOREE PLAZA SITE (PARCEL 1 AND PARCEL B) Recommendation: Adopt Resolution No. 98-58 approving Lot Line Adjustment No. 98-1 as recommended by the Public Works Department/Engineering Division. 600-35 8. AWARD OF CONTRACT FOR MAIN STREET DEMOLITION PROJECT (PROJECT NO, 600108) Recommendation: Award contract for subject project to John Beck of Chino, California, in the amount of $13,330.00 for demolition of two existing structures at the Main Street CITY COUNCIL MINUTES Page 4, 7-7-98 water facilities site as recommended by the Public Works Department/Water Services Division. 400-45 9, ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO, 15055 Recommendation: Accept all public improvements within Tract No. 15055 and authorize the release of the following bonds for the indicated amounts: Faithful Performance Bond No. 16-40-79, $225,000.00; Labor and Materials Bond No. 16-40-79, $112,500.00; and Monumentation Bond No. 16-40-80, $6,000.00 as recommended by the Public Works Department/Engineering Division. 600-70 3.0. SYCAMORE AVENUE IMPROVEMENTS BETWEEN NEWPORT AVENUE AND PASADENA AVENUE (NORTH SIDE) Recommendation: (1) Authorize staff to administrate a contract change order with Brongo Construction for the construction of a block wall and relocation of the 8" water main along the northerly side of Sycamore Avenue between Newport Avenue and Pasadena Avenue, and (2) Authorize the installation of landscaping and irrigation along the northerly side of Sycamore Avenue between Newport Avenue and Pasadena Avenue in conjunction with the East Tustin Rehabilitation Project as recommended by the Public Works Department/Engineering Division. 400-45 12. INTERIM USE AGREEMENT WITH ORANGE CHILDREN & PARENTS TOGETHER (OCPT) FOR THE USE OF THE TUSTIN FAMILY & YOUTH CENTER Recommendation: Authorize Patrick Sanchez, Director of Parks and Recreation Services, as an agent on behalf of the City, to execute the :Interim Use Agreement between the City of Tustin, the Tustin Community Redevelopment Agency, and the OCPT as recommended by Parks and Recreation Services. 400-10 14. CONSULTANT SERVICES AGREEMENT FOR FINAL DESIGN OF THE NEWPORT AVENUE EXTENSION AND NORTHBOUND SR-55 RAMP REALIGNMENT PROJECT (CIP NO. 700130/700131 RDA) Recommendation: Authorize the Mayor and City Clerk to execute a Consultant Services Agreement with the firm of Dokken Engineering, subject to City Attorney approval, to prepare and process the plans, specifications and estimate for approval by the City and Caltrans for the Newport Avenue Extension and Northbound SR-55 Ramp Realignment Project in the amount of $1,603,250.00 as recommended by the Public Works Department/Engineering Division. 400-10 15. DENIAL OF CLAIM NO, 97-48, CLAIMANT: FRANK K. HUNTER 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 17. DENIAL OF CLAIM NO, 98-13, CLAIMANT: KELLY DOWNEY 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 19. PARTICIPATION IN NO COST AMICUS BRIEF IN SUPPORT OF THE CITY OF WEST COVINA IN WEST COVINA VS. PERKINS, UNITED STATES SUPREME COURT CASE NO. 97-1230 Recommendation: Approve joinder of the City in the amicus brief at no cost to the City on the side of the City of West Covina as recommended by the City Attorney. 455-05 CONSENT CALENDAR ITEM NO. 11-DECLARATION OF SURPLUS EQUIPMENT- POLICE DEPARTMENT Councilmember Doyle commented on the recommended donation of patrol vehicle equipment to the military police and stated it was difficult to believe the government could not afford to purchase four light bars. It was moved by Doyle, seconded by Potts, to (1) Declare specified equipment surplus and not required for public use, (2) Authorize staff to donate the surplus computer equipment to the Tustin Community Foundation for reconditioning and distribution to non-profit organizations, (3) Authorize staff to donate the surplus patrol vehicle equipment to the military police for use on CITY COUNCIL MINUTES Page 5, 7-7-98 their patrol vehicles, and (4) Authorize staff to auction serviceable equipment of value and dispose of assets beyond repair. Motion carried 5-0. 380-60 CONSENT CALENDAR ITEM NO. 13 - CONSULTANT SERVICES AGREEMENT TO EVALUATE PRIVATIZATION OPPORTUNITIES FOR THE CITY'S MUNICIPAL WATER SYSTEM Councilmember Ports requested additional time to review the background/qualifications of the recommended consultant, Bookman-Edmonston Engineering, Inc. Council/staff discussion followed regarding providing additional information at the next Council meeting explaining the reasons why staff recommended Bookman-Edmonston Engineering, Inc.; and this item would provide an analysis of privatization of the water system. It was moved by Potts, seconded by Thomas, to continue this item to the July 20, 1998 Council meeting. Motion carried 5-0. 400-10 CONSENT CALENDAR ITEM NO. 16 - DENIAL OF CLAIM NO. 98-23, CLAIMANT: FRED, KATHY AND ANGELA CRYSTAL; CONSENT CALENDAR iTEM NO. 18 - DENIAL OF CLAIM NO. 98-16, CLAIMANT: ENTERPRISE RENT-A-CAR Councilmember Doyle stated his displeasure regarding individuals filing claims against the City when the occurrences did not take place in Tustin. It was moved by Doyle, seconded by Thomas, to deny subject claims and direct the City Clerk to send notice to the claimants and the claimants' attorneys. Council discussion followed regarding frivolous claims. Motion carried 5-0. 180-10 180-10 REGULAR BUSINESS ( ITEMS 20 THROUGH 22 ) 20. APPOINTMENT OF COMMISSIONERS The following candidates applied for the Planning Commission (three vacancies): Jane Anderson, John Dillon, John Dodd, Joan Glad, Paul Jones, Steve Kozak, Paul Lentz, Ronald Middlebrook, Leslie Pontious, Nazir Qureshi, Michael Raneses, Michael Schaefer, andJean Van Camp. First ballots were cast as follows: Saltarelli: 3ones, Kozak, Pontious Worley: .3ones, Koza k, Pontious ,"" Doyle: Anderson, Kozak, Pontious : Potts: Anderson, Kozak, Pontious Thomas: Dodd, Kozak, Pontious Steve Kozak (5 votes) and Leslie Pontious (5 votes) were appointed to the Planning Commission. Second ballots were cast as follows: Saltarelli: .3ones Worley: .3ones Doyle: Anderson Potts: Anderson Thomas: .3ones CITY COUNCIL MINUTES Page 6, 7-7-98 Paul Jones (3 votes) was appointed to the Ranning Commission. The following candidates applied for the Parks and Recreation Commission: John Dillon, Kenneth Eckman, Karen HH~yard, Stan Lewis, Rona~d Middlebrook, Adrian Morton, Henry Nunez, and Michae~ Schaefer. Ballots were cast as follows: Saltarelli: Eckman, Morton, Nunez Worley: Eckman, Morton, Nunez Doyle: Eckman, Hillyard, Nunez Ports: Eckman, Morton, Nunez Thomas: Eckman, Morton, Nunez Kenneth Eckman (5 votes), Henry Nunez (5 votes), and Adrian Morton (4 votes) were appointed to the Parks and Recreation Commission. Mayor Saltarelli congratulated the successful candidates and thanked all the applicants for their interest in serving the community; stated it had been a difficult selection process; and said the City was fortunate to have so many members of the public interested in Commission positions. 120-40 120-50 21. FEE WAIVER- DINOSAUR DASH Pat Sanchez, Director of Parks and Recreation Services, reported the Dinosaur Dash was scheduled for Sunday, November 15, 1998; and the total fee waiver was approximately $5,500. It was moved by Potts, seconded by Thomas, to waive staff, equipment, and permit fees for the November 15, 1998 Dinosaur Dash. Motion carried 5-0. 330-20 Councilmember Thomas stated this was a great event and commented on the community participation and support of the Dinosaur Dash. Mayor Pro Tem Worley stated the Dinosaur Dash was the largest fundraiser for the Tustin Public Schools Foundation and noted how the event pulled the community together. 22. TUSTIN COMMUNITY FOUNDATION BYLAWS AMENDMENT Pat Sanchez, Director of Parks and Recreation Services, reported the proposed bylaws amendment included maintaining the number of directors at 15 and no longer requiring one of the members be from Council; election to the Board of Directors would be by a vote of the Board rather than Council; a Board vacancy would be filled under direction of the Board of Directors; and the Mayor would receive an ex-officio position. Council discussion followed regarding the importance of the Foundation's autonomy. It was moved by Ports, seconded by Thomas, to adopt the following Resolution No. 98- 59 to amend the Bylaws of the Tustin Community Foundation and provide staff with direction for modifications to the existing Memorandum of Understanding as recommended by Parks and Recreation Services: RESOLUTION NO. 98-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE BYLAWS OF THE TUSTIN COMMUNITY FOUNDATION TO ADJUST THE COMPOS1TION AND SELECTION PROCEDURES OF THE BOARD OF DIRECTORS Motion carried 5-0. 125-45 CITY COUNCIL MINUTES Page 7, 7-7-98 PUBLIC INPUT- None OTHER BUSINESS CLOSED SESSION Lois 3effrey, City Attorney, requested Council agendize a Closed Session item to consider People of the State of California etc. vs. Valerie Wilde-Dixon et al., OCSC Case No. 762346. She said the City received a settlement demand from one of the defendants after the Agenda was posted which expired prior to the next Council meeting thus requiring consideration of the settlement demand immediately. It was moved by Potts, seconded by Thomas, to add to the Agenda under Closed Session, People of the State of California etc. vs. Valerie Wilde-Dixon et al., OCSC Case No. 762346. Motion carried 5-0. 4TH OF JULY Councilmember Doyle stated he had enjoyed participating and throwing candy during the excellent Tustin Meadows 4th of 3uly Parade. Mayor Pro Tem Worley expressed her pleasure with participation in the Tustin Meadows 4th of 3uly Parade; and commended staff for an excellent fireworks display and show. Councilmember Thomas commended the Tustin Meadows Homeowners Association for their efforts to provide an enjoyable 4th of 3uly event for the community; and commended staff for an excellent 4m of 3uly fireworks event and dancing enjoyed by all. LONG DISTANCE TELEPHONE CHARGES/AREA CODE DESIGNATION Councilmember Doyle requested a Pacific Bell representative be present at the 3uly 20, 1998 Council meeting to explain long distance charges and proposed future area code designations for Tustin. FIELD LIGHTING - PIONEER JUNIOR HIGH SCHOOL Mayor Pro Tem Worley requested agendizing at the July 20, 1998 Council meeting installation of field lighting at Pioneer 3unior High School. LANDSCAPING - BRYAN AVENUE Councilmember Potts suggested planting hibiscus plants on the north side of Bryan Avenue, west of Browning Avenue. JAMBOREE ROAD BICYCLE CROSSING/PATH Councilmember Potts requested a status report on the completion of the 3amboree Road bicycle crossing/path. SYCAMORE AVENUE IMPROVEMENTS Councilmember Potts expressed pleasure that the Sycamore Avenue improvements with a block wall and landscaping was proceeding. LIABILITY FUND Councilmember Potts requested the history of payments to the liability fund be provided for Council information at the 3uly 20, 1998 budget workshop. CITY COUNCIL MINUTES Page 8, 7-7-98 JAMBOREE ROAD/TREVINO DRIVE TRAFFIC SIGNAL Councilmember Thomas stated he had received complaints regarding the traffic signal timing at Jamboree Road and Trevino Drive. ASPHALT - JAMBOREE ROAD Councilmember Thomas reported that large patches of asphalt were missing on Jamboree Road and questioned the replacement timeline. Tim Serlet, City Engineer, responded that the missing asphalt was due to road construction and would be replaced with construction completion. COMMITTEE REPORTS - None CLOSED SESSION Mayor Saltarelli announced that the City Council would convene in closed session to confer with the City Attorney regarding litigation: People of the State of California etc. vs. Valede Wilde- Dixon et al., OCSC Case No. 762346. ADJOURNMENT Mayor Saltarelli adjourned the meeting at 8:12 p.m. The City Council scheduled a Budget Workshop on July 20, 1998, at 6:00 p.m.; and the next regular meeting of the City Council was scheduled for Monday, July 20, 1998, at 7:00 p.m. in the Council Chamber at 300 Centennial. THOMAS R. SA~T~RELLi, MAYOR P~'IELA STOKEI~ STY CI2ERK'