HomeMy WebLinkAbout02 MINUTES 07-07-98 MINUTES
REGulAR MEETING OF THE CITY L,,dNCIL
CITY OF TUSTIN`, CALIFORNIA
.1UNE 15,, 1998
NO. 2
7-7-98
CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to .order.by MayOr Saltarelli at 7:05 p.m. at the Council Chambers, 300
Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Potts.
The Invocation was given by Al Enderle.
ROLL CALL
Council Present:
Council Absent:
City Clerk:
Others Present:
Thomas R. Saltarelli, Mayor
Tracy Wills Worley, Mayor Pro Tem
Mike Doyle
.lim Potts
.leffery M. Thomas
None
Pamela Stoker
William A. Huston, City Manager
Lois .leffrey, City Attorney
Christine Shingleton, Assistant City Manager
George .leffries, 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
Beverley White, Deputy City Clerk
Robert Schoenkopf, Police Captain
George Wiesinger, Code Enforcement Officer
Bettie Correa, Senior Personnel Analyst
Approximately 50 in the audience
PUBLIC INPUT
BOYS AND GIRLS CLUB FISHING TR.tP
Adrian Morton, 1722 Mitchell #113, Tustin, thanked the Police Department for their
involvement in the recent Boys and Girls Club fishing trip.
RED'HILL FZREFI'GHTERS ASSOCI'ATION MONTHLY REPORT
Dan York, representing the Red Hill Firefighters Association, gave a monthly overview
of calls for service and activities.
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POLICE DEPARTMENT OPEN HOUSE
James Cowell, 1.5500 Williams Street #N, Tustin, thanked the Police Department for
conducting the recent "Open House" and their excellent service to the community.
PRIORITY ONE MEDICAL TRANSPORT ·
Michael Parker, Priority One Medical Transport, stated he would be speaking in
opposition to Agenda Item No. 19, Award of Contract For Emergency Medical
Transportation and Related Services, including the bid process, rating process, and the
recommended provider, Doctor's Ambulance Service.
PUBLIC HEARING (TTEM 1)
1
APPEAL OF PUBLIC NUISANCE DETERMINATION AT 13151 RANCHWOOD ROAD
AND ASSESSMENT OF COSTS
Elizabeth Binsack, Director of Community Development, reported that since 1987, staff had
received numerous complaints regarding the condition of the front and rear yards at 13151
Ranchwood Road; during the past 11 years, violation notices had been sent to the proper~
owner on 18 occasions; the property had been declared a public nuisance by Council in
1989; staff received another complaint in March 1998, regarding the property condition;
staff inspected the property several times and determined it to be .a public nuisance; the
City requested that the property owner maintain the property consistent with other
properties in the neighborhood; the property owner refused to' maintain the property; the
City Attorney obtained an inspection warrant; the properly owner appealed the subsequent
abatement warrant; the Planning Commission upheld the nuisance determination; and the
property owner appealed the Planning Commission's decision.
George Wiesinger, Code Enforcement Officer, showed a video depicting the condition of
the property upon staff inspections on April 6, May 8, and June 5, 1998.
Elizabeth Binsack stated that the property owner had indicated in the appeal that
arrangements had been made to install sprinklers and grass in the front yard; however,
due to property maintenance history, staff recommended a contractor prepare
specifications for irrigation and landscape installation. She said that if the prOperty owner
did not complete the sprinkler/landscape installation in 30 days, the City would proceed
with completion of the property maintenance and invoice the costs to the property owner;
and City costs associated with investigation time and abatement of the public nuisance was
approximately $3,700.
Council/staff discussion followed regarding the City had ~urisdiction over residents''
backyards if the condition created a fire hazard or rodent infestation; the City's expended
cost of approximately $3,700 to date; and soliciting bids for property maintenance if Council
denied the appeal.
Mayor Saltarelli oPened the Public Hearing at 7:24 p.m.
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The following member of the audience spoke in favor of Appeal of Public Nuisance
Determination at 13151 Ranchwood Road and Assessment Fees:
Marcella Napolitan, property owner
Council/speaker/staff'discussion followed regarding why the properb/had been neglected;
how long the property owner had lived at the residence; the property owner was in the
process of clearing the property; improvements scheduled to be completed by the property
Owner in order to sell the house; the number of years neighbors had been complaining to
the City about the property; the property owner had not resided at the property since
December 1997; the property owner did not believe she'was responsible for abatement
fees; and if the nuisance abatement was not completed in 30 days, the City would proceed
with clean-up and landscaping.
The following member of the audience spoke in opposition to Appeal of Public NuisanCe
Determination at 13151 Ranchwood Road and Assessment FeeS:
Peter Kline, Bellewick Community Association representative
Council/Speaker Kline discussion followed regarding the Bellewick Community Association's
CC&R's.
Councilmember Ports stated that the property was an eyesore; said he was concerned
about contractors taking advantage of the property owner because of her age; and he
offered to help with property clean-up if the property owner was agreeable.
The following member of the audience questioned that if Council upheld the public
nuisance determination, the property owner was required to clean-up/landscape the
property in 30 days:
Resident, 13212 Ranchwood, Tustin
Mayor Saltarelli responded that the speaker was correct.
There were no other speakers on the subject and the Public Hearing was closed at 7:46
p.m.
It was moved by Ports, seconded by Thomas, to adopt the following Resolution No. 98-53
upholding the Planning Commission's .action denying the appellant's appeal of a public
nuisance determination at 13151 Ranchwood Road; and assess enforcement/abatement
costs to the property owner:
RE$OLUTTON NO. 98-53 - A RESOLLFI'~ON OF THE C1TY COUNCIL OF THE C1TY OF
TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION THAT
CERTAIN CONDITIONS ON THE PROPERTY AT 13151 RANCHWOOD CONSITFUTE A
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Page zt, 6-15-98
PUBLIC NUISANCE, REQUIRING THE RENOVATION OF ALL DEAD OR MISSING
LANDSCAPING; AND ASSESSING ENFORCEMENT/ABATEMENT COSTS TO THE PROPERTY
OWNER
Councilmember Thomas said that the property owner needed help to clean up the property
and suggested community volunteers donate time to assist during the next 30 days.
Council/staff discussion followed regarding future property neglect would require staff to
follow the same nuisance abatement procedure.
Mayor Saltarelli noted that as people aged it became difficult to attend to their property;
the interest of the neighboring property owners must be considered; he supported
upholding the public nuisance determination; was hopeful that the property owner could
complete renovation of the property within 30 days; stated he was empathetic with the
properLy owner; and requested an update report regarding the properly in 30 days.
Motion carried 5-0.
CONSENT CALENDAR (ITEMS 2 THROUGH 16)
Item No. 16 was remOved from the Consent Calendar by Mayor Saltarelli. It was moved by
Thomas, seconded by Ports, to approve the remainder of the Consent Calendar as recommended
by staff. Motion carried 5-0.
1
APPROVAL OF MINUTES - JUNE 1, 1998 REGULAR MEETING
Recommendation: Approve the City Council Minutes of June 1, 1998.
1
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $2,958,261.59 and rati~ Payroll in
the amount of $353,867.96.
1
SENIOR ADVISORY BOARD APPOINTMENT CONFIRMATION
Recommendation: Confirm Art Holub, Doreen Henson, Martin Gelband and Janis Pasquali
as members of the Senior Advisory Board as recommended by the current members of the
Board and Senior Center staff.
PLANNING COMMISSION ACTION AGENDA- JUNE 8, 1998
All actions of the Planning Commission become final unless appealed by the City Council or
member of the public.
Recommendation: Ratifi/Planning Commission Action Agenda of June 8, 1998.
11
RESOLUTION NO. 98-57 - A RESOLLJTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 15568 (APPLICANT:
KAUFMAN & BROAD)
Recommendation: Adopt Resolution No. 98-57 approving Final Tract Map No. 15568 as
recommended by the Community Development Department.
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!
RESOLUTION NO. 98-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUb-I'IN~ CALIFORNIA~ APPROVING FINAL TRACT MAP NO. 15601 (APPLICANT:
WARMINGTON HOMES CALIFORNIA)
Recqmmendation: Adopt Resolution No. 98-56 approving Final Tract Map No. 15601 as
recommended by the Community Development Department.
aw
ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT
NO. :!.4883 (THE ORCHARDS)
Recommendation: Accept all public improvements within Tract No. 14883 and authorize
release of the following bonds for the indicated amounts: Faithful Performance Bond No.
3223540, $8, i00,00; Labor and Materials Bond No. 3223540, $4,050.00; and
Monumentation Bond No. 3223541, $2,000.00 as recommended by the Public Works
Department/Engineering Division.
g.
EXCEPTI'ON TO PURCHASI'NG PROCEDURES- NEW CARPET AT TUSTIN SENIOR
CENTER
Recommendation: Authorize the waiver of formal bidding procedures per Section 1624 of
the Tustin City Code and authorize staff to purchase new carpet and installation services for
the Tustin Senior Center as recommended by the Public Works Department/Field Services
Division.
10.
RESOLUTION NO. 98-52 - 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 NEWPORT AVENUE FROM MCFADDEN
AVENUE TO FIRST STREET AND EL CAMINO REAL FROM NEWPORT AVENUE TO ORANGE
STREET
Recommendation! Adopt Resolution No. 98-52 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 one year after the date of recordation of the' Notice of Completion as
recommended by the Public Works Department/Engineering Division.
.1OHN WAYNE A]:RPORT NOISE ABATEMENT QUARTERLY REPORTS
Recommendation: Receive and file subject report as recommended by the Community
Development Department.
12.
MEASURE M GROWTH MANAGEMENT/CONGEST:I:ON MANAGEMENT ANNUAL
PROGRAM COMPL'rANCE (:!.998-99 FY)
Recommendation: (1) Adopt the draft Measure M Growth Management/Congestion
Management Seven Year Capital Improvement Program (fiscal year 1998-99 through fiscal
year 2004-05); and (2) Authorize the Public Works Director/City Engineer to submit the
City's Proposition ! 1! CMP and Measure M eligibility packages, including certification of the
City's Maintenance of Effort, to the Orange County Transportation Authority as
recommended by the Public Works Department/Engineering Division.
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13.
PROGRESS REPORT ON CEDAR GROVE PARK AND HERITAGE PARK (PRO.1ECT
NOS. 400041 AND 400042)
Recommendation: Receive and file subject report as recOmmended by Parks and
Recreation Services.
14.
AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL YEAR 1998-99
Recommendation: Authorize the City Manager to continue fiscal operations for 1998-99 at
an appropriation level not to exceed' that of 1997-98, until such time as the budget process
can be completed. Since the 1998-99 budget will not be approved until after July 1, 1998,
it is necessary for the City Council to authorize expenditures for operations. This would
also include capital improvement projects approved in fiscal year 1997-98. It would not
include new capital improvement projects or services as recommended by the Finance
Department.
511
DECLARATION OF SURPLUS EQUIPMENT
Recommendation: (1) Declare specified computer equipment and one copier as surplus
and not required for public use; and (2) Authorize staff to give the surplus computer
equipment to the Tustin Community Foundation for reconditioning and distribution to non-
profit organizations as recommended by the Finance Department.
Mayor Saltarelli recessed the Council meeting to the Redevelopment Agency meeting at 7:52 p.m.
The'Council meeting reconvened at 8:00 p.m.
CONSENT CALENDAR ]'rEM NO. 16 - RESOLUTION NO. 98-54 - A RESOLU-I'~ON OF THE
C~I-Y COUNC]~L OF THE C~'I'Y OF TUS'~N, CAL]:FORNIA, APPROV]:NG THE ]~SSUANCE BY THE
TUS-~N COMIVlUN[TY REDEVELOPMENT AGENCY OF TAX ALLOCA'I'~ON BONDS ~[NTHE
AGGREGATE PI:UNC]:PAL AMOUNT OF NOT TO EXCEED $21,000,000 TO REFUND THE AGENCY'S
OUTSTANDTNG TOWN CENTER AREA REDEVELOPMENT PRO.1ECT TAX ALLOCAT]:ON REFUND]:NG
BONDS, SEI:UES 1987, AND THE AGENCY'S TOWN CENTER AREA REDEVELOPMENT PRO.1ECT
SUBORDINATE TAX ALLOCAT]:ON BONDS., SE~ES 1991
Mayor Saltarelli explained that he had removed this item pending approval of Redevelopment
Agency Resolution No. RDA 98-2.
]:t was moved by Saitarelli, seconded by Doyle, to adopt Resolution No. 98-54 approving the
issuance by the Tustin Community Redevelopment Agency of Tax .Allocation Bonds in the
aggregate principal amount of not to exceed $21,000,000.
Motion carried 5-0.
REGULAR BUSINESS (1TEMS 17 THROUGH 19)
17. ORDINANCE NO. 1201 (CODE AMENDMENT 98-002) TRANSPORTATION SYSTEM
IMPROVEMENT PROGRAM FEES
]:t was moved by Doyle, seconded by Thomas, to have second reading by title only of
Ordinance No. 1201.
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Page '7, 6-15-98
18.
19.
Motion carried 5-0.
Following second reading by title only of Ordinance No. 1201 by the City Clerk, it was
moved by Thomas, seconded by Worley, to adopt the following Ordinance No. 1201'
ORDINANCE NO. :!.201 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO TUSTIN CITY CODE SECTION
8101 TO ESTABLISH AND INCREASE THE MINIMUM VALUATION OF DEVELOPMENT
PROJECTS THAT ACTIVATE THE TRANSPORTATION SYSTEM IMPROVEMENT FEES FROM
$20,000 TO $30,000
Motion carried 5-0 (roll call vote).
ORDINANCE NO. 1202~, RED HILL AVENUE UNDERGROUND UTILITY DISTRICT
NO. 14.
It was moved by Thomas, seconded by Doyle, to have second reading by title only of
Ordinance No. 1202.
Motion carried 5-0.
Following second reading by title only of Ordinance No. 1202 by the City Clerk, it was
moved by Doyle, seconded by Thomas, to adopt the following Ordinance No. 1202:
ORDINANCE NO. 1202 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSI-IN, CALIFORNIA, ESTABLISHING THE RED HILL AVENUE UNDERGROUND UTILITY
DISTRICT NO. 14 BETVVEEN COPPERFIELD DRIVE AND 160'+ NORTH OF EL CAMiNO
REAL
Motion carried 5-0 (roll call vote).
AWARD OF CONTRACT FOR EMERGENCY MEDICAL TRANSPORTATION AND
RELATED SERVICES
Ron Blaul, Orange County'Fire-Authority, reported that in' November 1997, the Orange
County Fire Authority began the Request for Proposal (RFP) process to obtain basic life
support transportation services for partner cities and the unincorpOrated "area; the RFP and
Advanced Life Support rates were presented to Council for approval in February 1998;
response time for RFP submittal had been 44 days; a pre-bid conference was held April 6,
1998; RFPs were due May 4, 1998; a review panel graded the proposals; the review
process; Doctor's Ambulance Service received the highest point score; and Council's option
to award the contract to any of the rated bidders.
Council/Mr. Blaul discussion followed regarding the time and work involved in the rating
process; and various cities had different rating requirements.
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The folloWing member of the audience spoke in opposition to Award of Contract for
Emergency Medical Transportation and Related Services; noted that Priority One Transport
had not been notified of the RFP process; remarked on the short preparation time to
submit the RFP; stated concerns regarding the rating process; and requested Council delay
a decision to further review the rated information:
Michael Parker, Priority One Medical Transport
The following member of the audience spoke regarding the excellent service
Ambulance would provide to the City if selected:
Medix
.loanna Dimas, Medix Ambulance Service
Council/Speaker Dimas discussion followed regarding two ambulances would be assigned to
Tustin; response time; and the surrounding cities served by Medix Ambulance Service.
The following member of the audience spoke in favor of Award of Contract for Emergency
Medical Transportation and Related Services to Doctor's. Ambulance Service:
Bruce Herren, Doctor's Ambulance Service
Council/Speaker Herren discussion followed regarding other cities serviced by Doctor's
Ambulance.
Mayor Saltarelli stated that because the City was not involved in the RFP process, he could
not comment On the concerns raised by Mr. Parker, Priority One Medical Transportation
representative; noted the difference in rating levels; and stated the three companies
involved in the bid process had excellent qualifications.
It was moved by Doyle, seconded by Potts, to select Doctor's Ambulance for the City's
Ambulance Service Area; and direct staff to finalize and execute the agreement previously
approved by the City Council.
Councilmember Thomas stated that for personal reasons he had been willing to change
ambulance companies, but had been influenced by the rating process and Doctor's
Ambulance's community involvement.
Mayor Pro Tem Worley remarked on the indistinguishable scoring difference between the
top two rated companies; noted the short time .frame Priority One had to submit an RFP;
commented on the community outreach programs provided by Doctor's Ambulance; and
stated she was in favor of approving the agreement with Doctor's Ambulance.
Motion carried 5-0.
PUBLIC INPUT- None
CITY COUNCIL MINUTES
Page 9, 6-15-98
OTHER BUSINESS
CHILI COOK-OFF/STREET FAIR
Councilmember Doyle commented on the success of the Chili Cook-Off/Street Fair and
commended staff on a job well done.
Mayor Pro Tern Worley noted the Chili Cook-Off/Street Fair was enjoyable and invited
everyone to attend next year's event.
Mayor Saltarelli said the Chili Cook-Off/Street Fair was well attended and he thanked
everyone involved in staging the event.
TUSTIN BAND AWARDS
Councilmember Doyle noted his attendance at the Tustin Band Awards.
DAYLE CUNN'rNGHAM MEMORIAL FIELD DEDICATION
Councilmember Doyle reported on tl~e Da¥1e Cunningham IVlemodal Field cleclicationl
MaYor Saltarelli remarked on the heartwarming dedication of the Dayle Cunningham
Memorial Field and commended staff on the event.
"STATE OF THE CITY" LUNCHEON
Mayor Pro Tem Worley said the "State of the City" luncheon was very informative and
commended the Mayor on an eloquent presentation.
Councilmember Thomas reported he had missed the "State of the City" luncheon because
of an injury he sustained.
4TM OF 3ULY FIREWORKS SHOW
Mayor Pro Tem Worley invited everyone to attend the 4th of .luly Fireworks Show at Tustin
High School.
.1ULY 7, 1998 COUNCIL MEETING
Mayor Saltarelli requ?ted scheduling the next Council Meeting on Tuesday, .luly 7, 1998,
because of the .luly 4"' holiday weekend. Council concurred.
COMMITTEE REPORTS- None
CITY COUN£IL MINUTES
Page 10, 6-15-98
CLOSED SESSTON
Mayor Saltarelli announced that the City Council would convene in closed session to confer with
the City Attorney regarding pending litigation to which the City was a party: Rose Kissell vs. City
of Tustin; Roy Allan Slurry Seal, Inc.; Case No. 784163 (O.C.S.C.); to confer with the City Attorney
regarding significant exposure to litigation pursuant to Government Code Section 54956.9
(b)(1)(3)(A); and to confer with the City Attorney regarding pending litigation to which the City
was a party: Tustin Municipal Employees Association and Sara Pashalides vs. City of Tustin,
William A. Huston, and Berrie Correa, O.C.S.C. Case No. 794629.
AD3OURNI~IENT
Mayor Saltarelli adjourned the meeting at 8:41 p.m. The City Council scheduled a Budget
Workshop on .luly 7, 1998, at 5:30 p.m. in the Community center; and the next regular meeting
of the City Council was scheduled for Tuesday, ]uly 7, 1998, at 7:00 p.m. in the Council Chamber
at 300 Centennial Way.
THOMAS R. SALTARELL1'~ MAYOR
PAMELA STOKEi~ CI'~~ CLERK