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HomeMy WebLinkAbout03 MINUTES 08-02-99 MI'NUTES REGULAR MEETTNG OF THE CTrY COUNCTL cTrY OF TUSTZN, CALI'FORNZA .1ULY 19, 1999 NO. 3 8-2-99 CALL TO ORDER/PLEDGE OF ALLEGZANCE/I'NVOCATZON The meeting was called to order by Mayor Worley at 7:07 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Saltarelli. The Invocation was given by Mr. Bill Stevens, Salvation Army Church. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Tracy Wills Worley, Mayor Mike Doyle Jim Ports Thomas R. Saltarelli Jeffery M. Thomas, Mayor Pro Tem Pamela Stoker William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George Jeffries, City Treasurer Elizabeth Binsack, Director of Community Development 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 Bettie Correa, Senior Personnel Analyst Gary Veeh, Water Services Manager Doug Anderson, Senior Project Manager Chu Thai, Senior Management Analyst Approximately 25 in the audience PROCLAMAIlON FORMER PLANNZNG COMMI'SSTONER SCOTT BROWNE Mayor Worley announced that Scotte Browne was unable to attend the meeting. FORMER PARKS AND RECREATTON COMMI'SS'rONERS DON BI'ERY, M'rCHAEL BOVA, AND ELAI'NE DOVE Mayor Worley read and presented proclamations to former Parks and Recreation Commissioners Elaine Dove and Don Biery. CITY COUNCIL MINUTES Page 2, 7-19-99 Elaine Dove thanked Council for the proclamation; stated it had been an honor to work on the Parks and Recreation Commission; commended staff and the Commission; and thanked Council for her past appointment to the Commission. Mayor Worley announced that Michael Bova was unable to attend the meeting. PUBLIC INPUT TUSTIN AREA SENIOR CENTER 10TM ANNIVERSARY Margarete Thompson, Senior Advisory Board, invited the public to attend the Senior Center 10~ anniversary celebration and open house on .luly 28, 1999; and commented on the acquisition of the Senior Center bus. PUBLIC HEAI:LTNG (I'TEMS I THROUGH 3 ) 1. LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM Steve Foster, Chief of Police, reported the Omnibus Appropriations Act authorized the Bureau of Justice Assistance to make funds available to local law enforcement for Block Grants to assist in reducing crime and improvement of public safety; in 1996 and 1997, the City used Block Grant funds for a down payment for the Police Department's Mobile Command Vehicle; and upon approval, this year's funds would be utilized for the same expenditure. Mayor Worley opened the Public Hearing at 7:17 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Potts, seconded by Doyle, to authorize usage of funds. m Motion carried 4-0, Thomas absent. RESOLUTTON NO. 99-54 ADOPTZNG THE Cl'I'Y BUDGET ENTERPRISE BUDGET FOR THE FISCAL YEAR 1999/2000 AND WATER William Huston, City Manager, reported that no changes had occurred since Council held its budget workshop. Mayor Worley opened the Public Hearing at 7:18 p.m. There were no speakers on the subject and the Public Hearing was closed. :It was moved by Doyle, seconded by Saltarelli, to adopt the following Resolution No. 99-54 appropriating the City's Governmental Funds of $36,853,567; Special Revenue Funds of $14,447,937; and the City's Water Enterprise Budget of $17,751,371: CITY COUNCIL MINUTES Page 3, 7-19-99 RESOLUTION NO. 99-54- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL YEAR 1999-2000 Motion carried 4-0, Thomas absent. NEWSRACK PERMTi' FEE Elizabeth Binsack, Director of Community Development, reported that at the July 6, 1999 Council meeting, Ordinance No. 1218, approval and enforcement of newsracks within the City's public right-of-way, had been adopted; the Tustin City Code required applicants pay reasonable fees for processing newsrack permits; 'and the City's fee resolution did not include fees. Council/staff discussion followed regarding newsracks were not a problem in the City; postponing initiation of permit fees at this time; many newsracks had been placed in the public right-of-way without permits; issuing permits ensured the newsracks would be located safely; surrounding cities required newsrack permit fees; an unpermitted newsrack had fallen over and injured a child; unpermitted newsracks could be confiscated by the City; and a newsrack could be removed by the City if it was deemed an immediate hazard. Councilmember Potts stated that he did not believe newsracks were a problem in the City and the new ordinance regarding placement and enforcement within the public right-of-way was sufficient regulation at this time; and the matter could be reviewed in the future if permit fees were necessary. Mayor Worley opened the Public Hearing at 7:24 p.m. subject and the Public Hearing was closed. There were no speakers on the Councilmember Saltarelli stated that businesses serious about advertising and utilizing newsracks should not be opposed to obtaining a permit; and the permit provided a means to communicate with the owner of the newsrack, if necessary. It was moved by Saltarelli, seconded by Doyle, to adopt the following Resolution No. 99-53 approving a newsrack permit fee: RESOLUTION NO. 99-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF TusTIN, CALIFORNIA, ESTABLISHING A REVISED SCHEDULE FOR PLANNING FEES AND SERVICE CHARGES WITHIN THE PLANNING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT Motion carried 3-1, Potts opposed, Thomas absent. CITY COUNCIL MINUTES Page 4, 7-19-99 CONSENT CALENDAR ( 1'1'EMS 4 THROUGH 15 ) Item No. 12 was removed from the Consent Calendar by Councilmember Saltarelli. It was moved by Potts, seconded Saltarelli, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 4-0., Thomas absent. 11 APPROVAL OF MINUTES - JULY 6, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of July 6, 1999. 1 APPROVAL OF DEt4ANDS AND RAT/FICAT/ON OF PAYROLL Recommendation: Approve Demands in the amount of $1,333,470.27 and ratify. Payroll in the amount of $392,473.39. 1 AWARD OF CONTRACT FOR CUSTODLAL SERVI'CES FROM .1ULY 1, 1999, THROUGH 3UNE 30, 2000i WI'I'H THE OPT/ON OF THREE, ONE-YEAR EXTENSTONS Recommendation: Award Custodial Services Contract for fiscal year 1999/2000 to Pacific Building Care, Inc., in the amount of $173,594.52, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Field Services Division. AWARD OF CONTRACT FOR CONSTRUCT/ON OF WELL SI'TE FAC]:LITJ:ES UPGRADES (CI'TY PRO.1ECT NO. 600077) Recommendation: Award contract for subject project to Norman A. Olsson Construction of Orange, California, in the amount of $560,294 as recommended by the Public Works Department/Water Division. aw RELEASE OF MONUMENTAT/ON BOND FOR TRACT NO. 14784 (VALENCZA) Recommendation: Authorize release of Monumentation Bond No. 13-40-38 in the amount of $5,000.00 for Tract No. 14784 as recommended by 'the Public Works Department/Engineering Division. RELEASE OF MONUMENTAT/ON BOND FOR TRACT NO. 14837 (VALENCZA) Recommendation: Authorize the release of the following bonds for Tract No. 14837: Faithful Performance Bond No. 13-40-36 in the amount of $35,806.00; Labor and Materials Bond No. 13-40-36 in the amount of $17,903.00; and Monumentation Bond No. 13-40-37 in the amount of $4,600.00 as recommended by the Public Works Department/Engineering Division. 10. RESOLuT/ON NO. 99-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CAL/FORNLA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHOI~ZING RECORDA'I'~ON OF A NO'I~CE OF COMPLE'I~ON FOR THE ANNUAL ASPHALT CONCRETE REHABI~A'I'~ON AND SLURRY SEAL PROJECT, 1998-99 FY (CIP 700001) Recommendation: Adopt Resolution No. 99-51 accepting the works of improvement and authorizing recordation of a Notice of Completion for the annual asphalt concrete rehabilitation and slurry seal project, FY 1998-99; release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion; CITY COUNCIL MINUTES Page 5, 7-19-99 release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion; and assuming no claims or stop notices are filed, it is further recommended that thirty-five (35) days after the date of recordation of the Notice of Completion the Council authorize payment of the final 10% retention in the amount of $59,106.18 as recommended by the Public Works Department/Engineering Division. 11. RESOLUTION NO. 99-57- A RESOLUTiON OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CAI TFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR ANNUAL SIDEWALK AND CURB AND GUTTER REPAIR PRO.1ECT, FY 1998-99 (PRO.1ECT NO. 4020-6235) Recommendation: Adopt Resolution No. 99-57 accepting the works of improvement and authorizing recordation of Notice of Completion for annual sidewalk and curb and gutter repair project, FY 1998-99 (Project No. 4020-6235); release the .Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the .Notice of Completion; release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion; and assuming no claims or Stop Notices are filed, it is further recommended that 35 days after the date of recordation of the Notice of Completion the City Council authorize payment of the final 10% retention in the amount of $27,369.90 to Kovac, Inc. as recommended by the Public Works Department/Engineering Division. 13' REQUEST BY SYCAMORE GLEN CONDOMINI'UM ASSOCIATION REIMBURSEMENT OF PERMIT FEES Recommendation: Deny the request as recommended by the City Attorney's Office. FOR 14. APPROPRIATION LIMIT FOR FISCAL YEAR 1999/2000 Recommendation: Select the change in the California per Capita Personal Income as the price factor for adjusting the 1999/2000 appropriation limit; and adopt the following Resolution No. 99-55, setting the appropriation limit for Fiscal Year 1999/2000 at $38,112,465 as recommended by the Finance Director: RESOLUTION NO. 99-55 - A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF TUSTIN, CAITFORN~, DETERMINING AND ADOPTING AN APPROPRIATION lIMIT FOR THE FISCAL YEAR 1999-2000 IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE 1S. QUARTERLY INVESTMENT REPORT In compliance with Government Code Section 53646, the Investment Report for the quarter ending .lune 30, 1999, is submitted for City Council review. Recommendation: Receive and file subject report as recommended by the City Treasurer. CITY COUNCIL MINUTES Page 6, 7-19-99 CONSENT CALENDAR ZT'EM NO. 12 - PLANNING COMMISSION ACTION AGENDA- JULY 12, 1999 Councilmember Saltarelli questioned what discussion occurred during Item No. 2, Public Hearing for Conditional Use Permit 99-002, Design Review 99-001, and Sign Code Exception 99-001, and disposition of staff recommendation regarding the pole. Elizabeth Binsack, Director of Community Development, responded the pole sign was removed from the recommended action and the Planning Commission continued the matter to the August 9, 1999 Planning Commission meeting; and the applicant would provide a photo simulation of the sign at the proposed height at that meeting. Council/staff discussion followed regarding the applicant was proposing to remove the existing two poles and install one 50 feet in height and 180 square feet pole which was twice the permitted height and three times the permitted area; the existing poles were 65 feet; and staff was recommending denial of the proposed sign. Councilmember Saltarelli stated that if "the proposed sign was approved by the Planning Commission, the item would be pulled from the Council agenda for discussion. Mayor Worley said that the proposed sign was not the image the City wanted. It was moved by Saltarelli, seconded by Doyle, to ratify the Planning Commission Action Agenda of July 12, 1999. Motion carried 4-0, Thomas absent. REGULAR BUSINESS (ZTEMS 16 THROUGH 17) STATUS OF TRAFFIC CONDITIONS AND POLICE ENFORCEMENT ACI~VITZES ON PROSPECT AVENUE NORTH OF IRVZNE BOULEVARD AND SOUTH OF SEVENTEENTH STREET' Doug Anderson, Senior Project Manager, reported that in response to a recent fatal accident on Prospect Avenue at Theodora Drive, a status of traffic conditions and police enforcement activities on Prospect Avenue in the area between north of Irvine and south of 17th Street had been prepared; information for the report was provided by the Tustin Police Department, California Highway Patrol, Orange County Public Facilities and Resource Department, Traffic Engineering Division, and the City of Tustin Engineering Division; Prospect Avenue was classified as a secondary highway on the City of Tustin General Plan and the County of Orange Master Plan of Arterial Highways; 'Prospect Avenue was a four lane undivided highway with on-street parking on both sides of the street; and' northbound lanes of Prospect Avenue between Sherbrook Drive and Arbolata Way were located within the County of Orange, the remainder of Prospect Avenue was located in the City. He stated there had been six accidents on Prospect Avenue from April 1997, and June 30, 1999, indicating a good safety record by industry standard measurements; police enforcement between April 1997, and June 30, 1999, revealed 64 moving violations indicating a very Iow CITY COUNCIL MINUTES Page 7, 7-19-99 rate of citations for this type of roadway; between 1985 to the present, one resident request for restdpping Prospect Avenue had occurred; and based upon this information, a dangerous condition did not exist on Prospect Avenue and a normal level of public safety was being provided. Council/staff discussion followed regarding installation of lelYturn lanes on Prospect Avenue would require a reduction in traffic lanes, removal of on-street parking, and a reclassification on the Orange County Master Plan of Arterial Highways; the recent fatal traffic accident was an emotional issue and the primary collision factor would become public in the future; and Prospect Avenue was a safe street. It was moved by Saltarelli, seconded by Potts, to receive and file. Motion carried 4-0, Thomas absent. 17. LIBRARY SURVEY RESULTS Christine Shingleton, Assistant City Manager, reported staff had been working with the consulting firm of Godbe Research and Associates to ascertain the level of support in Tustin and North Tustin for an expanded Tustin Branch Library and the community's tax threshold for funding, maintenance and enhancement costs for an expanded facility; financial advisors, Stone and Youngberg, were working on specific funding mechanisms for future library project ballot measures; an important issue to be resolved before a concrete funding mechanism recommendation was made was the willingness of the County of Orange to place a ballot measure on Tustin's sphere of influence area within the North Tustin unincorporated area; and she recommended the Council Library Task 'Force members meet with Board of Supervisor representatives regarding the ballot measure. Brian Godbe, Godbe Research and Associates, reported that his company had worked on numerous revenue-related bond measure parcel pack surveys in California; approximately. 60% of survey research had gone to the ballot; and approximately 83% of the ballot measures Godbe Research believed would win were successful. Council/Mr. Godbe discussion followed regarding the likelihood of success of a ballot measure. Alison Mulka, Project Manager, presented a slide presentation summarizing the 500 telephone surveys conducted in Tustin and North Tustin; explained the ranking system of the issues surveyed; the highest ranked survey item was reducing crime; the second highest was improving the qUality of public education; the third ranked issue was preventing local tax increases; the survey of tax rates ranged from $57 to $24 a year; and the lowest tax rate available, $24 a year, did not receive the required 67% response. Brian Godbe explained the $24 tax rate received 56% support; however, it was necessary to receive 67% for either a bond measure or parcel tax; the necessity to discover a rate that would increase the level of support to 67%; and stated a bond counsel or financial advisor would be able to assist the City on this issue. CITY COUNCIL MINUl~S Page 8, 7-19-99 Alison Mulka reported that the survey also revealed that additional space for books and a parcel tax received high rankings; and she explained that a ballot measure would only fund a new library facility not hours of operation, books, or salaries. Council/speakers discussion followed regarding library support percentages from North Tustin and Tustin were similar. Brian Godbe stated that the survey results revealed that the level of public support must be increased before the measure could be placed on the ballot; financing the library must be analyzed to determine the funding needs; suggested forming an independent campaign committee to promote the library expansion to the community; the cost would be significant to market a campaign; and the necessity to conduct a marketing campaign to be successful. Councilmember Ports commented on the poor quality of the Tustin Branch Library; the lack of County support to increase the quality of the library; questioned whether the County had been contacted on this issue; and would support utilizing redevelopment money for library expansion. William Huston, City Manager, stated that upon termination of the ground lease, the City would acquire title to the library building; the entity to operate the library must be determined; it was unlikely the County Library System would pledge money for the expansion; and redevelopment money would be used for this project. Council/Mr. Godbe discussion followed regarding how private libraries were funded; matching funds would increase the level of support and reduce the tax threshold; and the necessity for a marketing campaign. William Huston, City Manager, reported that the County Library System was funded as a special district and had a dedicated rate for library service; the property tax shift mandated by the State impacted the Library System; and noted that the Library System was increasing library operating hours and purchasing additional books. Councilmember Doyle said the City could not depend on the County to assist in funding the expansion; and funding must come from the Tustin and North Tustin community. Mayor Worley remarked on how the Library System budget had been reduced from $25 million to $17 million and the financial difficulties the reduction had created; the Tustin .Branch Library's budget had been increased by $90,000 a year resulting in additional staff and increased operating hours; she did not believe the County would be able to financially support rebuilding the Tustin Branch Library; and the County was planning to build a new library in Lower Peters Canyon. Christine Shingleton, Assistant City Manager, reported that developer impact fees were responsible for the funds to construct a new Lower Peters Canyon library; Stone and Youngberg were exploring the use of Community Facilities District Financing to finance the library expansion; and the importance of campaign marketing. CITY COUNCIL MINUTES Page 9, 7-19-99 Councilmember Saltarelli said the survey results were positive; the need for an expanded library; community support for library renovation; campaign marketing strategies; with appropriate campaign marketing the expansion project would be successful; the County would not' fund the project; the community must financially support the library expansion; and stated because of the survey response, he was optimistic that community support for the library would increase. Council/Mr. Godbe discussion followed regarding it would be necessary to conduct a substantial marketing campaign at a cost of $75,000 to $85,000 in order to raise the support to 67%. It was moved by Worley,' seconded by Ports, to direct the Library Task Force to meet with the County of Orange. Motion carried 4-0, Thomas absent. PUBLIC INPUT LIBRARY LAND ACQUISITION ALTERNATIVES Berklee Maughan suggested library land acquisition alternatives include: MCAS Tustin land allocation, Redevelopment Agency funding, and developer fees. Christine Shingleton, Assistant City Manager, responded that the period for acquiring MCAS land for public use has been closed and earlier surveys had indiCated the public's desire for a centrally located library. Council/staff discussion followed regarding the' complexities of building a library on the base; the City and Tustin Unified School District working together toward a library expansion; taking the issue to the voters; and maintaining the library in a central loCation. OTHER BUSINESS COMMENDATZON- STAFF Councilmember Doyle commended the Police Department's bicycle patrol and gang units; and commended the Public Works Department for the excellent condition of City streets. PERSONAL MESSAGES Councilmember Doyle sent personal messages to friends. TUST/N GARDENS CoUncilmember Ports thanked Jack Grace for bringing Tustin Gardens, problems to the attention of staff and Council. CITY COUNCIL MINUllES Page 10, 7-19-99 BRYAN AVENUE LEFT TURN LANE Councilmember Potts requested a status report on Bryan Avenue and potential installation of a left turn lane. LACK OF PLAY EQUIPMENT AT PARKS Councilmember Saltarelli noted the insufficient number of swing sets and active equipment at City parks and requested the matter be resolved expeditiously. Mayor Worley suggested installing merry-go-rounds at Laurel Glen Park. CONCERTS IN THE PARK Mayor Worley invited the public to attend the Concerts in the Park series held on Wednesday evenings. STATUS REPORT- EL CAMINO REAL AND PROPOSED GARDEN USE Mayor Worley requested status on the City-oWned vacant lot on El Camino Real and the proposed garden use. OLD TOWN Mayor Worley requested the status on 'Old Town's new streetscape improvements. Christine Shingleton, Assistant City Manager, responded that proposals would be available within 30 days and Council would be provided a timeline schedule. COMM~TrEE REPORTS ORANGE COUNTY SANITATION DISTRICT Councilmember Saltarelli reported the Orange County Sanitation District was proceeding with the EIR process to install a ground water replenishment system, explained how the system operated, and the system would provide the least expensive source of water. ORANGE COUNTY FIRE AUTHORITY Mayor Worley reported the Orange County Fire Authority Board would be considering a proposal to maintain all City fire contracts for a 10 year period beginning at a 3.5% rate. CLOSED SESSION MayOr Worley announced that the City Council would convene in closed session to confer with the City Attorney regarding pending litigation to which the City is a party, namely: ETRPA, et. al vs.' ClTY COUNCIL MINUTES Page 11, 7-19-99 Orange County Board of Supervisors, Case No. DO30810 in the Court of Appeal, Fourth Appellate District. AD.1OURNMENT Mayor Worley adjourned the meeting at 8:38 p.m. The next regular meeting of the City Council was scheduled for Monday, August 2, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. TRACY WILLS WORLEY, MAYOR PAMELA STOKER, CZTY CLERK