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HomeMy WebLinkAboutCC MINUTES 1997 04 07MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA APRIL 71 1997 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Worley at 7:05 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Mayor Pro Tem Thomas. ,..,INVOCATION The Invocation was given by Rev. Christopher Heath, St. Cecil ials Roman Catholic Church. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: PROCLAMATION Tracy Wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem Mike Doyle Jim Potts Thomas R. Saltarelli None Pamela Stoker William A. Huston, City Manager Lois Jeffrey, City Attorney 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 Rita Westfield, Asst. Dir./Com. Development Martin Pastucha, Field Services Manager Valerie Crabill, Chief Deputy City Clerk Karen Peterson, Associate Planner Dana Ogdon, Senior Planner Bettie Correa, Senior Personnel Analyst Approximately 10 in the audience FIRE SERVICE RECOGNITION DAY, MAY 10 Mayor Worley read a proclamation declaring May 10, 1997, as Fire Service Recognition Day. Battalion Chief Mike Ahumada, Orange County Fire Authority, accepted the proclamation; noted Fire Service Recognition Day was established in 1968 by President Johnson; stated the purpose of Recognition Day was to showcase the specialized skills and services provided by Fire Service employees; and encouraged residents to attend Open House at all Orange County Fire Authority stations on May 10, 1997. PUBLIC INPUT - None PUBLIC HEARING (ITEM 1) FISCAL YEAR 1997-98 ONE-YEAR ACTION PLAN AND PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS; AMENDMENT TO FISCAL YEAR 1996-97 ONE-YEAR ACTION PLAN Rita Westfield, Assistant Director of Community Development, reported that at the February 3, 1997 meeting, Council reviewed the 1997/98 CDBG project list and made project recommendations to the Ad Hoc Citizen Participation Committee. She said the Participation Committee conducted a Public Hearing on February 26, 1997, to receive testimony from non-profit organizations; the Committee recommended approval of specific projects for inclusion in the one-year action plan; the action plan must be submitted to the Department of Housing and Urban Development by May 15, 1997; and she noted Council's direction to reallocate unexpended 1996/97 CDBG funds from Economic Development activities to Marine Base engineering and planning projects. CITY COUNCIL MINUTES Page 2, 4-7-97 Mayor Worley opened the Public Hearing at 7:13 p.m. The following member of the audience requested Council reconsider allocating funding to Mary's Shelter; described the Shelter's function; vocational programs; Shelter expansion; resident transitional follow-up; and encouraged Council to visit the Shelter: Amy Braun, Mary's Shelter representative Council/speaker/staff discussion followed regarding the amount of Mary's Shelter funding request; Mary's Shelter was subsidized by the State; approximately 3-5% of the Shelter's occupants were Tustin residents; transitional housing was a low priority under the Consolidated Plan; 1996 rollover funds could not be utilized for public services because the City had reached its limit on public service projects for that year; there were no additional monies available for the Shelter; the Shelter should apply for next year's funding program; approximately 70 non-profit applications for CDBG funding were received and only 6 non-profit applications were accepted for funding; the demand for CDBG funding was greater than the supply; and the Shelter should contact the Tustin Community Foundation for assistance. There were no other speakers on the subject and the Public Hearing was closed at 7:20 p.m. It was moved by Potts, seconded by Thomas, to adopt the following Resolution No. 97-24 approving the proposed use of Community Development Block Grant funds for inclusion in the one-year Action Plan for fiscal year 1997-98; and adopt the following Resolution No. 97-25 amending the Action Plan for fiscal year 1996-97: RESOLUTION NO. 97-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PROPOSED USE OF FISCAL YEAR 1997-98 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR INCLUSION IN THE ONE-YEAR ACTION PLAN RESOLUTION NO. 97-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENTS TO THE CITY'S 1996-97 ONE-YEAR ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING SUBMISSION OF THE AMENDMENT TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Motion carried 5=0. CONSENT CALENDAR (ITEMS 2 THROUGH 14) 640-1'I It was moved by Thomas, seconded by Potts, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES - MARCH 17, 1997 REGULAR MEETING Recommendation: Approve the City Council Minutes of March 17, 1997. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of and ratify Payroll in the amount of $353,976.56. $1,389,063.60 380-10 360-82'' 4. PLANNING COMMISSION ACTION AGENDA - MARCH 24, 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 March 24, 1997. 120-50 Councilmember Saltarelli noted that Commissioner Pontious had reported to the Planning Commission that the Tustin High School Model United Nations team had won top honors in Bath, England. Mayor Worley stated that proclamations would be presented to the team at the April 21, 1997 Council meeting. CITY COUNCIL MINUTES Page 3, 4-7-97 5. RESOLUTION NO. 97-27 - 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 THE WATER MAIN REPLACEMENT ON 17TH STREET AT SR -55 FREEWAY (PROJECT NO. 600127) Recommendation: Adopt Resolution No. 97-27 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Water Division. 400-45 6. AWARD OF CONTRACT FOR WATER MAIN REPLACEMENT ON SANTA CLARA AVENUE AT.SR-55 FREEWAY, PROJECT NO. 600127 Recommendation: Award contract for subject project to Valverde Construction, Inc. of Whittier, California, in the amount of $106,515.00 as recommended by the Public Works Department/Water Division. 400-45 7. RESOLUTION NO. 97-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN BY ADDING THE CLASSIFICATION OF MAINTENANCE AIDE Recommendation: Adopt Resolution No. 97-22 amending the Classification Plan by adding the Maintenance Aide position as recommended by the Public Works Department/Field Services Division. 510-25 8. RESOLUTION NO. 97-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 97-1 Recommendation: Adopt Resolution No. .97-20 approving Lot Line Adjustment No. 97-1 as recommended by the Public Works Department/Engineering Division. 600-35 9. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND THE RELEASE OF BONDS FOR TRACT NO. 12870 Recommendation: Accept all public improvements within Tract No. 12870 and authorize the release of the following bonds for the indicated amounts: Faithful Performance Bond No. 10-42-29, $53,040.00; Labor and Materials Bond No. 10-42-29, $53,040.00; Faithful Performance Bond No. 10-42-30, $91,727.00; Labor and Materials Bond No. 10-42-30, $91,727.00; and Monumentation Bond No. 5241-2150, $65,000.00 as recommended by the Public Works Department/Engineering Division. 600-70 10. APPROVAL OF THE CONSTRUCTION AGREEMENT FOR THE JAMBOREE ROAD BRIDGE WIDENING OVER THE OCTA/SCRRA RAILROAD Recommendation: Approve subject Construction Agreement and authorize the Mayor and City Clerk to execute the document on behalf of the City as recommended by the Public Works Department/Engineering Division. 400-70 11. JAMBOREE ROAD BOUNDARY REORGANIZATION Recommendation: (1) Support a boundary reorganization between the City of Tustin and the City of Irvine along Jamboree Road between Interstate 5 and the northerly city limits by transmitting a Letter of Support to the Local Agency Formation Commission; and (2) Adopt the following Resolution No. 97-26 approving a Property Tax Transfer between the City of Tustin and City of Irvine as recommended by the Community Development Department: RESOLUTION NO. 97-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AGREEING TO ACCEPT NO EXCHANGE OF PROPERTY TAX REVENUES FOR PROPOSED REORGANIZATION NO. R097-01, WHICH INCLUDES DETACHMENT OF .220 ACRES FROM THE CITY OF TUSTIN TO THE CITY OF IRVINE AND ANNEXATION OF 5.94 ACRES TO THE CITY OF TUSTIN 625-30 12. APPROVAL OF MEMORANDUM OF UNDERSTANDING, POLICE MANAGERS Recommendation: Authorize the City Manager to execute the Memorandum of Understanding with the Tustin Police Officers Association, Management Unit, which is a one-year agreement expiring on December 31, 1997 as recommended by Personnel Services. 540-40 13. DENIAL OF CLAIM NO. 96-52, CLAIMANT: LOUISE QUINN Recommendation: Deny subject claim and send notice to the claimant and claimant's attorney as recommended by the City Attorney. 180-10 CITY COUNCIL MINUTES Page 4, 4-7-97 14. DENIAL OF CLAIM NO. 96-49, CLAIMANT: ALLURE, INC. Recommendation: Deny subject claim and send notice to the claimant and claimant's attorney as recommended by the City Attorney. 180-10 REGULAR BUSINESS (ITEMS 15 THROUGH 17) 15. AUTHORIZATION TO PROCEED WITH REQUEST FOR PROPOSAL FOR PURCHASE OF COMPUTER WORKSTATIONS, SOFTWARE AND NETWORK INSTALLATION It was moved by Potts seconded by Saltarelli, to authorize staff to proceed with the distribution of the RFP for the purchase of computer hardware, software and network build out. Council/staff discussion followed regarding staff providing additional information at a future meeting; and disposition of the old equipment to Tustin schools and the Tustin Branch Library. Motion carried 5-0. 16. STATEMENT OF INVESTMENT POLICY 380-40 George Jeffries, City Treasurer, noted the federal fund rate change of .25%; long bond change of .75%; two-year note change to 6%; thanked Council for the past appointment; thanked staff for their assistance during the past year; remarked on the City Treasurer's function; explained the City's action to shorten the City's portfolio; described minor changes in the Investment Policy; and stated the Treasurer's philosophy of safety, availability, and yield. Councilmember Thomas commented that the City was fortunate to have Mr. Jeffries as City Treasurer; and requested - clarification/modification of the Investment Policy related to investment criteria, repurchase agreements, competitive bidding, future investments in the Orange County Investment Pool, mutual fund investments, and intermediate term maturities. It was moved by Potts, seconded by Saltarelli, to (1) continue the delegation of investment authority to G.W. Jeffries, City Treasurer; and (2) adopt the Investment Policy with changes as modified by the City Treasurer. Motion carried 5-0. 17. ABANDONED SHOPPING CART ALTERNATIVES 355-85 Karen Peterson, Associate Planner, reported that the Tustin Pride Committee had identified the presence of abandoned shopping carts on public and private property throughout the City as a significant concern; outreach to retailers to encourage timely removal had been unsuccessful; staff was requesting Council select an abatement alternative or combination of alternatives; and upon Council selection, staff would develop an implementation plan. She summarized the proposed alternatives including estimated costs; the Tustin Pride Committee did not consider Alternative 1 to be effective; State law allowed the City to charge abatement costs to the shopping cart owner; stated that Tustin Pride supported Alternative 2a; noted California Grocers Association had challenged the legality of Alternative 2a; and explained Assembly Bill 1427. Council/staff discussion followed regarding devices used to prohibit shopping cart removal from parking lots; grocers were more concerned about keeping customers than losing shopping carts; City of Santa Ana's abandoned shopping cart policy; California Grocers Association's challenge of the Santa Ana policy; State law targeted carts with store identification; proposed City policy would target carts without store identification; implementation of Alternative 2a would likely lead to legal action against the City; many cities were aggressive toward eliminating abandoned shopping carts in their city; avoiding police involvement in issuing shopping cart violations; the necessity to eliminate abandoned CITY COUNCIL MINUTES Page 5, 4-7-97 shopping carts in the City; and potential lawsuit defense. The following members of the audience spoke in support of action to eliminate abandoned shopping carts in the City: Lou Bone, Tustin Pride Committee Monterey Pines Apartment Manager Council/staff/speakers/audience members discussion followed regarding the City of Orange's shopping cart ordinance; residents were openly leaving shopping carts in apartment complexes; targeting problem areas through community oriented policing; development and distribution of bilingual information on removal of shopping carts from stores; cart loan program; referring the matter for Police Department input; what other cities' policies were regarding abandoned shopping carts; the City working in partnership with Tustin Effective Apartment Managers (TEAM) to educate residents on removing carts from shopping areas; implementing a bike patrol in the Southwest Area to work with TEAM on shopping carts and graffiti; Tustin Pride's 10 -point program was unsuccessful; the necessity of grocery stores working with the City and Tustin Pride to eliminate shopping cart removal; Alternative 2 was not cost effective; staff would submit a report to Council providing additional alternative information and Police Department proposed action at a future meeting; informing grocery stores that Council was adamant about a solution to abandoned shopping carts; business licenses could not be used as a discretionary approval tool; Stater Brothers utilized a cart loan program; forwarding a Mayoral letter to grocery stores endorsing AB 1427 with the caveat of allowing cities to recover costs; Tustin Pride's 10 -point program had been distributed by apartment managers to new residents until managers could no longer obtain the information; and TEAM was willing to take an active roll in alleviating the problem. 440-10 PUBLIC INPUT - None OTHER BUSINESS/COMKITTEE REPORTS GRAFFITI - BRYAN AVENUE Councilmember Potts reported blue graffiti on walls at Bryan Avenue, west of Park Center Lane. JOINT MEETING - PARRS AND RECREATION COMMISSION Councilmember Potts reported that the joint meeting with the Parks and Recreation Commission was productive and within a year, additional parks and recreational areas would be completed. WELCOMED FORMER PLANNING COMMISSIONER Councilmember Saltarelli welcomed former Planning Commissioner Weil to the meeting. RECYCLING BINS Councilmember Saltarelli complained about the unsightly recycling bins in the shopping center parking lot on Red Hill Avenue, between Walnut and Sycamore Avenues, and requested staff work with the property owner to clean the area. BOUNDARY ALIGNMENT Councilmember Saltarelli questioned if there had been progress with the City of Irvine regarding boundary realignment on Jamboree Road between the I-5 Freeway and Barranca Avenue. William Huston, City Manager, responded that the City of Irvine was agreeable to minor adjustments but opposed major changes to the boundary due to projected loss of tax revenue. CITY COUNCIL MINUTES Page 6, 4-7-97 SPRING EGG HUNT Mayor Pro Tem Thomas and Mayor Worley commended staff for an excellent Spring Egg Hunt event. TRAFFIC CONGESTION/ACCIDENTS Mayor Pro Tem Thomas noted a indicating traffic congestion significantly since 1988. report from the City Engineer and accidents had decreased Councilmember Potts reported that Tustin had been "red -lined" by insurance companies and requested the new statistics from the City Engineer's report be forwarded to insurance companies. GOAL SETTING WORKSHOP PRIORITIES Mayor Worley reported the following priorities had been determined by Council at the goal setting workshop: Redevelopment of the Southwest Area; construction of an aquatic facility on the Marine Base; performing arts theater; and library enhancement. HOME TOUR Mayor Worley announced the home tour would be held on April 12, 1997. Councilmember Potts reported he would be a docent for the home tour on April 12, 1997, and stated that additional volunteers were needed. ASSAULT WEAPONS Mayor Worley clarified that Council's direction at the March 17, �- 1997 meeting regarding assault weapons, gave the Police Chief discretion as to the necessary number and placement of weapons in the Police Department. CLOSED SESSION Mayor Worley announced that the City Council would convene in closed session to confer with the City Attorney regarding: (1) Pending litigation to which the City is a party, W.D. Franks vs. City of Tustin (WCAB); and (2) Claim of Hart Fisher, Claim No. 97-6. ADJOURNXENT Mayor Worley adjourned the meeting at 8:35 p.m. The next regular meeting of the City Council was scheduled for Monday, April 21, 1997, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. (Mayor's Reception immediately following City Council meeting). CLOSED SESSION STATEMENT It was moved and seconded to deny the claim of Hart Fisher, Claim No. 97- 6, and to direct the City Clerk to give notice to the claimant and claimant's attorney. Motion carried 5-0. ,t,w W -C4 TRACY WIL WORLEY, MAYOR