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HomeMy WebLinkAboutCC MINUTES 1997 06 02MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JUNE 21 1997 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Thomas at 7:03 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Mayor Pro Tem Saltarelli. The Invocation was given by Mayor Thomas. r^ ROLL CALL Council Present: Jeffery M. Thomas, Mayor Thomas R. Saltarelli, Mayor Pro Tem Mike Doyle Jim Potts Tracy Wills Worley Council Absent: None City Clerk: Pamela Stoker 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 Steve Foster, Acting 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 Martin Pastucha, Field Services Manager Valerie Crabill, Chief Deputy City Clerk Scott Reekstin, Associate Planner Dave Gottlieb, Redevelopment Project Manager Bettie Correa, Senior Personnel Analyst ^-� Ed Elowe, Project Manager Approximately 30 in the audience PROCLAMATION MR. GEORGE WAIBEL, FOOTHILL HIGH SCHOOL BAND DIRECTOR 25TH ANNIVERSARY Mayor Thomas read and presented a proclamation to George Waibel honoring his 25th anniversary as Foothill High School's Band Director. George Waibel noted that many of his students were in attendance and thanked Council for the recognition. PUBLIC INPUT - None PUBLIC HEARING (ITEM 1) 1. CONSIDERATION OF A LEASE WITH THE UNITED STATES OF AMERICA FOR THE PREMISES KNOWN AS BUILDING 29 (HANGAR NO. 2) MCAS-TUSTIN, AND A SUBLEASE BETWEEN THE CITY AND TOUCHSTONE PICTURES Council concurred to continue the public hearing to the June 16, 1997 Council meeting. CONSENT CALENDAR (ITEMS 2 THROUGH 16) Item No. 15 was removed from the Consent Calendar by Mayor Thomas. It was moved by Worley, seconded by Doyle, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES - MAY 19, 1997 REGULAR MEETING Recommendation: Approve the City Council Minutes of May 19, 1997. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,101,655.80 and ratify Payroll in the amount of $356,894.12. 380-10 360-82 4. RESOLUTION NO. 97-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY COUNCIL MINUTES Page 2, 6-2-97 CITY RECORDS, DOCUMENTS, AND PAPERS IN POSSESSION OF THE CITY CLERK OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS PURSUANT TO AUTHORITY GRANTED BY SECTION 17302 OF THE ELECTIONS CODE OF THE STATE OF CALIFORNIA Recommendation: Adopt Resolution No. 97-15 approving destruction of specified election records from the April 10, 1990 and April 12, 1994 General Municipal Election as recommended by the City Clerk's office. 170-40 5. RESOLUTION NO. 97-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR WALNUT AVENUE REHABILITATION BETWEEN NEWPORT AVENUE AND RED HILL AVENUE, COMMUNITY DEVELOPMENT BLOCK GRANT (PROJECT NO. 700152) Recommendation: Adopt Resolution No. 97-36 accepting said work as complete and authorize 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 one year after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 400-45 6. RESOLUTION NO. 97-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR MCFADDEN AVENUE REHABILITATION BETWEEN THE SR -55 FREEWAY AND NEWPORT AVENUE, COMMUNITY DEVELOPMENT BLOCK GRANT (PROJECT NO. 700140) Recommendation: Adopt Resolution No. 97-43 accepting said work as complete and authorize 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 one year after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 400-45 7. RESOLUTION NO. 97-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO THE COMPENSATION OF PART- TIME EMPLOYEES OF THE CITY OF TUSTIN Recommendation: Adopt Resolution No. 97-47 amending the part-time salary schedule as recommended by Personnel Services. 520-70 8. RESOLUTION NO. 97-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN Recommendation: Adopt Resolution No. 97-48 amending the classification plan by adding the position of Recreation Aide and approve an hourly rate of Step A - $5.4000, Step B - $5.6700, and Step C - $5.9535 as recommended by Personnel. 510-25 9. DENIAL OF CLAIM NO. 97-16, CLAIMANT: RUBEN DEL PILAR Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and claimant's attorney as recommended by the City Attorney. 180-10 10. DENIAL OF CLAIM NO. 97-17, CLAIMANT: MARTIN AND BETTY FELDMAN Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and claimant's attorney as recommended by the City Attorney. 180-10 11. DENIAL OF CLAIM NO. 97-21, CLAIMANT: RICHARD MARIO TRUJILLO Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and claimant's attorney as recommended by the City Attorney. 180-10 12. RESOLUTION NO. 97-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING A PROPOSED RESOLUTION OF INTENTION SUBMITTED BY THE CITY OF IRVINE FOR THE FORMATION OF THE CITY OF IRVINE ASSESSMENT DISTRICT NO. 97-16, AND GIVING CONSENT OF JURISDICTION TO THE CITY OF IRVINE FOR THE CONSTRUCTION OF CERTAIN IMPROVEMENT WORKS WITHIN CITY OF IRVINE ASSESSMENT DISTRICT NO. 97-16, A PART OF WHICH IS WITHIN THE CITY OF TUSTIN CORPORATE BOUNDARIES Recommendation: Approve the creation of Assessment District No. CITY COUNCIL MINUTES Page 3, 6-2-97 97-16 as proposed by the City of Irvine and adopt Resolution No. 97-46 which gives the City of Irvine jurisdiction over that portion of land within proposed Assessment District No. 97-16 which lies within the City of Tustin for the purpose of constructing assessment district improvements as recommended by the Public Works Department/Engineering Division. 150-10 13. PLANNING COMMISSION ACTION AGENDA - MAY 27, 1997 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 May 27, 1997. 120-50 14. RESOLUTION NO. 97-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO CAST THE CITY'S ASSESSMENT BALLOTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT IN FAVOR OF THE PROPOSED ASSESSMENTS BEGINNING FISCAL YEAR 1997-98 Recommendation: Adopt Resolution No. 97-49 as recommended by the City Attorney. 340-60 16. HERITAGE WAY PARK (PROJECT NO. 400042) CONSULTANT SERVICES AGREEMENT WITH RJM DESIGN GROUP Recommendation: Approve the Consultant Services Agreement with RJM Design Group in the amount not to exceed $123,915.00, including expenses, for development of the construction documents and the provision of construction administration services for Heritage Way Park, subject to approval of the contract requirements by the City Attorney and execution by the City Manager as recommended by the Community Services Department. 920-35 CONSENT CALENDAR ITEM NO. 15 - AWARD OF BID FOR CONSTRUCTION OF CEDAR GROVE PARK, PROJECT NO. 400041 Mayor Thomas stated that East Tustin residents would benefit from 'construction of Cedar Grove Park; noted the successful bid was approximately $84,000 below the estimated project cost; commended staff and Hondo Company for a successful bid process; and said construction ground breaking would occur in 2-3 weeks. It was moved by Saltarelli seconded by Worley, to (1) Award contract for the construction of Cedar Grove Park, Project No. 400041, to Hondo Co., Inc. of Santa Ana in the amount not to exceed $1,373,521.17, including all bid alternates, subject to approval of the contract requirements by the City Attorney and execution by the City Manager and (2) Appropriate $84,633.00 from the Park Development Fund to cover the cost of lab testing, printing and advertising, and a contingency. Motion carried 5-0. 920-65 REGULAR BUSINESS (ITEMS 17 THROUGH 18) 17. POTENTIAL EXPANSION OF CULTURAL RESOURCE DISTRICT Councilmember Doyle announced he would abstain from Council discussion and voting on this item because his residence was located within the potential expansion area of the Cultural Resource District. Scott Reekstin, Associate Planner, reported that in 1988, Council established the Cultural Resource Overlay District in Old Town; the historic residential area north of First Street had not originally been included in the boundaries of the Overlay District; and a policy was included in the City's General Plan to study expansion of the Overlay District north of First Street to Irvine Boulevard. He summarized District expansion alternatives including expansion to include residential properties; expansion to include residential and commercial properties; and no expansion. He said the Cultural Resource Advisory Committee supported District expansion to include residentially zoned properties; the potential expansion area contained historic homes that would be protected and would benefit by the City's residential design guidelines; and the Committee believed that First Street was not a significant barrier between the two CITY COUNCIL MINUTES Page 4, 6-2-97 residential areas. He stated that upon Council approval of District expansion, a questionnaire would be distributed to all neighborhood residents; and an information workshop, follow-up survey, and three public hearings would be conducted. Councilmember Potts stated he supported distribution of the questionnaires and surveys to the residents, and was hopeful that the disadvantages of District expansion would be mitigated in the workshops; however, he would be opposed to expansion if the residents did not support it. Christine Shingleton, Assistant City Manager, explained that the Cultural Resource Overlay District process occurred between 1986- 90; residents supported protection of the property tax values in the R1 areas; residents had been concerned with original conditions imposed for residential modifications in the District; the conditions had been modified to create a more reasonable approach to residential modifications; and it was important for the Certificate of Appropriateness process to create a high level of customer service, historical preservation, and to balance economic issues associated with modifying a structure. Mayor Thomas noted the importance of the residents' needs, and questioned whether residents in other cities were inclined to upgrade their residences as members of an Overlay District. Council/staff discussion followed regarding the Mills Act program encouraging residents to upgrade their properties to a higher rating level to receive tax benefits; resurveying the area to ascertain structure rating levels; and the Cultural Resource Advisory Committee's goal to advise current residents and new home buyers of the Certificate of Appropriateness process. The following member of the audience voiced concern regarding restrictions imposed to obtain a Certificate of Appropriateness for structure modifications and a moratorium on structure refurbishing occurring during District expansion resolution: Mike Doyle, Tustin Council/staff/speaker discussion followed regarding that a permit was not required for replacing like -items such as doors, but was required for changing product types; District residents' concern with maintaining property rights; decisions in the Overlay District would not be retroactive; flaws in the Overlay District when it was created had been corrected; the Certificate of Appropriateness process was currently operating smoothly; residential guideline handouts were available to the public; and permits for exterior alterations would no longer be issued after conducting the first public hearing. Mayor Pro Tem Saltarelli supported the current Cultural Resource Overlay District; stated concern regarding condition restraints imposed on District residents for structure modifications; remarked on the Mills Act benefits available to District residents; and said he would not support expansion of the District without residents' support. Mayor Thomas stated the proposed survey could be structured to reflect the number of area residents willing to participate in the District. Councilmember Worley supported questionnaire distribution to allow homeowners a choice in District expansion. Council/staff discussion followed regarding opposition to a moratorium; and staff would design an alternative program to a moratorium prior to initiating the public hearing process. It was moved by Potts. seconded by Worley, to authorize, prior to potential expansion of the Cultural Resource Overlay District, distribution of a survey/questionnaire to all property owners within the proposed Cultural Resource District expansion areas, all residents within the proposed expansion areas, and interest CITY COUNCIL MINUTES Page 5, 6-2-97 groups; and to authorize an informational workshop regarding the potential expansion of the Cultural Resource Overlay District subsequent to survey/questionnaire distribution. Motion carried 4-0, Doyle abstained. 670-10 18. APPLICANTS FOR AUDIT COMMITTEE, CULTURAL RESOURCES ADVISORY COMMITTEE, PARRS AND RECREATION COMMISSION, AND PLANNING woo COMMISSION Council concurred to conduct interviews to fill Commission/Committee vacancies on Monday, June 16, 1997, at 5:30 p.m. 120-10 PUBLIC INPUT -None 120-20 OTHER BUSI120-40MESS 120-50 EL CAMINO REAL STREET FAIR/CHILI COOK OFF Councilmember Doyle announced that the E1 Camino Real Street Fair and Chili Cook Off would be held on June 8, 1997. SANTA COP CASINO NIGHT Councilmember Doyle reported on a successful Santa Cop Casino Night held on May 31, 1997. TUSTIN UNIFIED SCHOOL DISTRICT TEACHER - BETSY BANYARD Councilmember Doyle congratulated his former classmate and Tustin Unified School District teacher, Betsy Banyard, who was retiring after 34 years and commented on the influential impact she had on students. BRYAN AVENUE MAINTENANCE Councilmember Potts reported that grass was growing through cracks in the roadway on Bryan Avenue and requested repair. SR -55 MCFADDEN AVENUE EXIT Councilmember Potts reported that walls would be constructed in the near future at the McFadden Avenue exit. BOBBY SOX WEST COAST TOURNAMENT Councilmember Worley reported on her attendance at the Bobby Sox West Coast Tournament in Las Vegas, noted that Tustin was well represented, and congratulated all the participating teams. TUSTIN HIGH SCHOOL TRACK TEAM - CIF CHAMPIONS Mayor Pro Tem Saltarelli congratulated the Tustin High School Track team for winning the CIF Championship. BOB BEAKER Mayor Pro Tem Saltarelli reported that his former partner, Bob Beamer, had recently died and recalled memories of him as a sports writer for the Tustin News under the tutelage of Bill Moses. TRANSPORTATION CORRIDOR Mayor Thomas reported that Transportation Corridor Agency representatives had appeared on his cable show, City Focus, regarding the corridor construction and video tapes were available to homeowner associations upon request. Councilmember Potts reported that meetings had been held with Supervisor Wilson and Transportation Corridor Agency Director, Bill Woolett, regarding corridor construction in the Tustin area. CITY COUNCIL MINUTES Page 6, 6-2-97 ORANGE COUNTY CRIME RATE Mayor Thomas commented on the FBI report identifying cities in Orange County with the lowest crime rate and he clarified that Tustin was not 'included because only cities with populations over 100,000 were surveyed. STATE OF THE CITY LUNCHEON —JUNE 6. 1997 Mayor Thomas reminded everyone that the State of the City Luncheon would be held on June 6, 1997. TUSTIN HIGH SCHOOL JUNIOR VARSITY BASEBALL TEAM Councilmember Potts congratulated the Tustin High School Junior Varsity Baseball team for a successful season. COMMITTEE REPORTS TRANSPORTATION CORRIDOR LANDSCAPING Mayor Thomas expressed concern with the size of shrubbery that would be planted along the corridor. Councilmember Potts responded that the size of the plants would be upgraded. ORANGE COUNTY SANITATION DISTRICT Mayor Pro Tem Saltarelli commented on the recent rate increase by the Sanitation District, and, in response to criticism regarding the large cash reserves held by the District, stated that the reserves were needed for possible massive infrastructure repair due to earthquakes or other disasters; reported he had been selected Chair of Sanitation District No. 7; and stated that the Orange County Sanitation Districts were among the best in the United States with the lowest rates. LIBRARY RENOVATION Councilmember Worley questioned the status of the proposed library renovation. William Huston, City Manager, responded that a consultant would be retained for a space -needs analysis, a Request for Proposal was in progress, and the County of Orange and Tustin Unified School District (TUSD) would participate in exploring a joint County/City/TUSD library system. CLOSED SESSION Mayor Thomas announced that the City Council would convene in closed session to confer with the City Attorney regarding: (1) Pending litigation to which the City was a party, Franks vs. City (WCAB); (2) Real property negotiations regarding 14111 Newport Avenue, Tustin, CA (negotiating parties were the City of Tustin and James Powell; negotiations concern price); and (3) Claim of Raymond and Barbara Bracy (Claim No. 97-5), amended claim of Jeanette and Charlene Amorosa (Claim No. 97-13), and claim of D.S. Richards and A.E. Jensen (Claim number not yet assigned). ADJOURNMENT Mayor Thomas adjourned the meeting at 7:50 p.m. The City Council scheduled Commission/Committee interviews on June 16, 1997, at 5:30 p.m.; and the next regular meeting of the City Council was scheduled for Monday, June 16, 1997, at 7:00 p.m. in the Council ChambersAt 300 Centennial Way. J Y THOMAS, MAYOR PAMELA STOKER, CIIV bLERK