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HomeMy WebLinkAbout02 MINUTES 06-02-97 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MAY 19, 1997, NO. 2 6-2-97 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Thomas at 7:00 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Worley. INVOCATION The Invocation was given by Rev. Lynne Austin, Aldersgate United Methodist Church. 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 Rita westfield, Asst. Dir./Com. Development Martin Pastucha, Field Services Manager Valerie Crabill, Chief Deputy City Clerk Gary Veeh, Water Services Manager Dave Gottlieb, Redevelopment Project Manager Approximately 10 in the audience PROCLAMATIONS NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN Mayor Thomas read and presented a prOclamation observing the opening of the National Center for Missing and Exploited Children in Tustin' Kathy DePeri, Executive Director, accepted the proclamation on behalf of the Center; stated that a donor had provided funding to purchase a building in Tustin; said that the Center's focus was to prevent child abduction, exploitation, and abuse as well as assist law enforcement and families in locating missing children; noted the organization's involvement in the recent Anthony Martinez kidnapping; remarked on the Center's inception in 1984; and requested volunteers to work in the Tustin branch. CITY COUNCIL MINUTES Page 2, 5-19-97 Council/Ms. DePeri discussion followed that the Center's Tustin branch was the only office west of the Mississippi; City staff's involvement in locating the Center in Tustin; and the Center's success in reuniting missing children with their families. OLDER AMERICANS MONTH Mayor Thomas read and presented a proclamation declaring May as Older Americans Month. Margarete Thompson, on behalf of Tustin seniors, thanked Council for the recognition. PRESENTATIONS ORANGE COUNTY HUMAN RELATIONS COUNCIL Rusty Kennedy, EXecutive Director of the Orange County Human Relations Council, summarized the function and focus of the Orange County Human Relations Council including its partnership with the County, court system, cities, corporations, foundations and individuals; providing programs to foster mutual understanding among residents; working with law enforcement through community outreach; training law enforcement officers regarding cultural diversity; the cultural diversity of County residents; day laborer congregations and~their impact on surrounding areas; the ~urden of overcrowding on infrastructure and services; inner group conflict; increased school violence; breakdown of police community relations; increased hate crimes; and stated the Tustin School Inter Ethnic Relations Program, a conflict resolution/management program, was operational in the Tustin Unified School District. ORANGE COUNTY WATER DISTRICT ANNUAL REPORT Jim Van Haun, Orange County Water District, gave a slide presentation summarizing the function of the Orange County Water District including storing and maintaining water in the underground basin; explained that the basin provided 75% of Orange County residential/commercial water needs; ground water basin was replenished primarily from the Santa Ana River, the remainder was imported; the District owned approximately 6 miles of the Santa Ana River and 400 acres of off-stream lakes; t-basins along the Santa Ana River slowed water to allow sinkage into the groundwater basin; District ownership of'2,400 acres in the Prado Dam area was utilized for water conservation purposes; groundwater basin boundary; long term goal to increase the annual groundwater percentage to cities; low interest loans were offered for well construction; working in partnership with the City to construct nitrate removal and desalter facilities which provided 2500 Tustin residences annually with water; groundwater was less expensive to access than imported water; prevention of sea water intrusion into the groundwater supply; Water Factory 21; goals to increase water conservation at Prado Dam, sink water at a quicker rate, and water recycling; the Orange County Regional Water Reclamation Project; the cost of imPorted water was expected to continually increase; and the District provided lower cost water, reliability, and high CITY COUNCIL MINUTES Page 3, 5-19-97 quality water. Council/speaker discussion followed regarding that the Santa Ana River was not losing water due to its concrete lining; Irvine Lake was a storage facility, owned and operated by the Irvine Ranch and Serrano Water Districts; groundwater contamination caused by E1 Toro Marine Base, mitigation efforts established by the District, and settlement amount offered by the Department of Navy; lowering the price of recycled water; Irvine Ranch Water District's groundwater resource was approximately 50% of their water supply; water rates did not decrease during non-drought periods; and Transportation Corridor Agency interest in construction of a corridor platform across the Santa Ana River. PUBLIC INPUT - None PUBLIC w~ARING - None CONSENT C~L~AR (ITEM~ i THROUGH 12) Item No. 9 was removed from the Consent Calendar by Councilmember Potts at the request of an audience member. It was moved by Doyle, seconded by Worley, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. le APPROVAL OF MINUTES - MAY 5, 1997 REGULAR MEETING Recommendation: Approve the City Council Minutes of May 5, 1997. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $629,020.65 and ratify Payroll in the amount of $357,706.15. · JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS Recommendation: Receive and file subject report as recommended by the Community Development Department. · RESOLUTION NO. 97-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR' THE NEWPORT AVENUE REHABILITATION PROJECT, CIP NOS. 700126,' 700129 AND 700153 Recommendation: Adopt Resolution No. 97-39 approving the plans and specifications and authorize advertisement for bids for subject project as recommended by the Public' Works Department/Engineering Division. PROGRAM SUPPLEMENT AGREEMENT NO..014-R1 TO LOCAL AGENCY - STATE AGREEMENT NO. 12-5271 FOR NEWPORT AVENUE REHABILITATION PROJECT (CIP NOS. 700126, 700129 AND 700153) Recommendation: Approve and authorize the Mayor and City Clerk to execute subject supplement agreement as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 97-38 - 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 PROJECTS NOS. 600125, 600126 AND 600128 CITY COUNCIL MINUTES Page 4, 5-19-97 · · 10. 11. 12. Recommendation: Adopt Resolution No. 97-38 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Water Services Division. PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF UPGRADE OF SEVEN EXISTING WELLHEAD FACILITIES (PROJECT NOS. 600077 AND 600092) Recommendation: Award contract in the amount of $189,400.00 and authorize the Mayor and City Clerk, subject to final City Attorney approval, to execute subject agreement with MacDonald-Stephens- Engineers, Inc. for engineering services for the evaluation and design of the wellhead improvements at the seven existing well sites; services provided include the evaluation of the condition of each well and the design of electrical upgrades and appropriate disinfection facilities based on the existing well condition and overall distribution system needs as recommended by the Public Works Department/Water Services Division. PLANNING COMMISSION ACTION AGENDA - MAY 12, 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 12, 1997. FRONTIER PARK RESTROOM REHABILITATION Recommendation: Receive and file subject report as recommended by the Community Services Department· STATUS REPORT: CEDAR GROVE PARK (PROJECT NO. 400041) AND HERITAGE WAY PARK (PROJECT NO. 400042) Recommendation: Receive and file subject report as recommended by the Community Services Department. LEVY OF ANNUAL ASSESSMENTS FOR THE 1997-98 FISCAL yEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Recommendation: Adopt the following Resolution Nos. 97-41 and 97- 42 approving the Engineer's Report for fiscal year 1997-98 and declaring its intention to levy assessments beginning with fiscal year 1997-98 and set a Public Hearing for July 7, 1997 as recommended by the Public Works Department/Engineering Division: RESOLUTION NO. 97-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE 1997-98 FISCAL YEAR FOR THE LEVY OF ANNUAL ASSESSMENT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT RESOLUTION NO. 97-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY'OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT BEGINNING FISCAL YEAR 1997-98 FOR THE- IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTINRANCHAREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF CITY COUNCIL MINUTES Page 5, 5-19-97 CONSENT CALENDAR ITEM NO. 9 - SHOPPING CARTS The following member of the audience explained how shopping cart violators were handled in the City of Orange; commented on the inadequacy of the California Grocers Association's cart retrieval system; questioned the percentage of reported abandoned shopping carts belonging to businesses outside the City limits; the number of abandoned carts on Mitchell Avenue had increased; the staff report appeared to support solutions acceptable to stores; supported issuing citations to violators; stated that the citizens of Tustin wanted an end to shopping cart pollution; AB 1427 failed passage in the Assembly Local Government Committee, however, reconsideration had been granted; and issuing citations to violators was more important than shopping cart retrieval: carol Bone, Tustin Councilmember Potts clarified that staff was continuing.to study this issue and that the report was a preliminary assessment; arresting violators was not a solution; supported public education on the matter as a first step prior to enforcement; the City of Orange had an effective shopping cart-program; another staff report on the subject would be presented to Council at a future meeting; and he believed that a solution to the shopping cart problem would eventually lead to a reduction in other criminal activity in the City. Councilmember Worley stated tha~ a recent Register newspaper article had taken a quote she made on the issue out of context; clarified that action against the identified profile group who removed shopping carts from store premises must be implemented; and supported issuing citations to Shopping cart violators. William Huston, City Manager, apologized for confusion regarding the staff report and enforcement alternatives, however, the report accurately described the problem; staff was continuing to analyze the issue in order to develop an enforcement strategy; stressed that it was incorrect for the public to believe the Police Department did not want to enforce or follow Council direction on the issue; cart retrieval companies were responsive to Police requests, but did not respond to individual requests for cart removal; Tustin Effective Managers Association was cooperating with staff on the matter; and stated that if all attempts to solve the abandoned cart problem fail, citations to violators would be issued upon Council direction. Mayor Thomas stated it was unfortunate when issues were misinterpreted; staff was continuing to study the issue; reiterated that the staff report contained preliminary information and another report would be agendized in 30 days; and suggested Tustin model their enforcement after the City of Orange program. It was moved by Worley, seconded by Doyle , to (1) Receive and file subject interim report; and (2) Direct the Police Department to continue research and prepare recommendations to be presented to the City Council in thirty days. Motion carried 5-0. CITY COUNCIL MINUTES Page 6, 5-19-97 REGULAR BUSINESS ( ITEM 13 ) 13. FUNDING REQUEST, TUSTIN HIGH SCHOOL GRAD NITE Bruce Burns, Tustin High School Grad Nite, stated this year was Tustin High School's eleventh Grad Nite; 85% of Grad Nite's budget was received through ticket sales and 15% was through community donations; noted the business community's support of Grad Nite; requested a $3,000 donation from the City; and invited Council to a Grad Nite walk-through on June 19, 1997. It was moved by Potts, seconded by Saltarelli, to donate $3,000 to Tustin High School Grad Nite. Motion carried 5-0. PUBLIC INPUT - None OTHER BUSINESS PROCLAMATION REQUEST - AL SHIFBERG-MENCHER Councilmember Potts reported that A1 Shifberg-Mencher would be resigning from the Audit Committee at the end of his term and requested a proclamation be given at the June 2, 1997 Council meeting. SANTA COP PROGRAM Councilmember Doyle announced the Police Department Santa Cop Program Casino Night would be held on May 31, 1997, at the Revere House. ORANGE COUNTY SANITATION DISTRICT WATER Mayor Pro Tem Saltarelli commented that the Orange County Sanitation District's water was highly treated to prevent ocean pollution, and the flow of potable water and sewage was maintained separately in Orange County unlike some areas of the United States. TEACHER OF THE YEAR BREAKFAST Mayor Pro Tem Saltarelli reported on his attendance at Tustin Unified School District's Teacher of the Year breakfast; congratulated Teacher of the Year, Kathy Greenwood; and commended all teachers for their efforts. OPEN HOUSE - SUPERVISOR WILSON Mayor Thomas reported that Supervisor Wilson would be holding an open house at Tustin City Hall on May 20', 1997, and the public was invited to attend. CITY COUNCIL MINUTES Page 7, 5-19-97 CITY COUNCIL PAY INCREASE Mayor Thomas stated that it had been a considerable length of time since Council had received a pay increase; he believed Council's salary was set by State law according to population; and requested staff return with a report or suggested an ad hoc committee be formed to review the proposed increase. CITY MAGAZINE Mayor Thomas noted that former Mayor Greinke had suggested Tustin consider publishing a magazine featuring the City and to promote business opportunities in the City. Christine Shingleton, Assistant City Manager, responded that a magazine was currently in production and 5,000 copies would be distributed in the near future. COMMITTEE REPORTS SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR , Councilmember Potts, referencing a news article on the San Joaquin Hills TranspOrtation Corridor, clarified that the toll road was not in Tustin and the City had no jurisdiction. CLOSED SESSION Mayor Thomas 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: Vilma Flores et al vs. City of Tustin, Charles Carvajal; OCSC No. 758056. ADJOURNMENT The next regular meeting of the City Council was scheduled for Monday, June 2, 1997, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. JEFFERY M. THOMAS, MAYOR PAMELA STOKER, CITY CLERK