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HomeMy WebLinkAbout02 MINUTES 10-17-94 HINUTES REGUL,~,AEETING OF THE CITY COUNt__ CZTY OF TUSTINw CALIFORNZA OCTOBER 3w 1994 NO. 2 10-17-94 CALL TO ORDER/PLEDgE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:06 p.m. at the Council Chambers,.300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Worley. The Invocation was given by Councilmember Thomas. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Thomas R. Saltarelli, Mayor Jim Potts, Mayor Pro Tem Mike Doyle Jeffery M. Thomas Tracy A. Worley None Mary E. Wynn William A. Huston, City Manager Lois Jeffrey, Interim City Attorney Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Robert Ruhl, Field Services Manager Susan Jones, Recreation Superintendent Valerie Crabill, Chief Deputy City Clerk Dana Kasdan, Engineering Services Manager Dana Ogdon, Senior Planner Rick Zimmer, Redevelopment Program Manager Gary Veeh, Water Operations Manager Doug Anderson, Transportation Engineer Bettie Correa, Senior Personnel Analyst Gary Magill, Recreation Supervisor Approximately 10 in the audience PREBENTATION LOWER PETERS CANYON DEVELOPMENT Tom Matthews, Orange County Environmental Management Agency, presented an overview of the Lower Peters Canyon Development including: project boundaries; approximate size; drainage areas; regional trails; planned commercial and residential developments; Irvine Ranch historic headquarters; the draft Environmental Impact Report; and project presentation to Board of Supervisors in Spring 1995. Council/speaker discussion followed regarding the Council's concerns about the project's potential traffic impacts on the City; commercial design compatibility; number of dwelling units and density projected for the residential development; and development assessments used for future street improvements. wUBLIC INPI~T - None CITY COUNCIL MINUTES Page 2, 10-3-94 PUBLIC APPEAL OF LICENSE AND PERMIT BOARD DECISION DENYING NI~HTANDDAY A PRIVATE PATROL OPEP~tTOR PERMIT Michael Foster, applicant's attorney, requested this item be continued to the October 17, 1994 Council meeting. Council concurred to continue this item to the October 17, 1994 Council meeting. CONSENT C~T.~'MDAR (ITEMS 2 T~KOUGH 15) Consent Calendar Items No. 2 and 7 were removed from the Consent Calendar by Mayor Saltarelli and Councilmember Thomas. It was moved by Potts, seconded by Worley, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,113,837.51 and ratify Payroll in the amount of $309,964.70. 4o REJECTION OF CLAIM NO. 94-35 - CLAIMANTS, DAVID AND KATHLEEN RIZZOTTO; DATE OF LOSS, 2/28/94; DATE FILED WITH CITY, 9/6/94 Recommendation: Reject subject claim for property and general damages in the amount of $100,630.00 as recommended by the City Attorney. RESOLUTION NO. 94-115 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR MODIFICATION OF TRAFFIC SIGNALS AT RED HILL AND IRVINE BOULEVARD Recommendation: Adopt Resolution No. 94-115 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 6o EXECUTION OF QUITCLAIM DEED OF A PORTION OF A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS ~ PUBLIC UTILITY PURPOSES WITHIN TRACT NO. 14782 Recommendation: Authorize the Mayor to execute subject quitclaim deed as recommended by the Public Works Department/Engineering Division. 8o STATUS UPDATE: TRAFFIC CONCERNS AT THE INTERSECTION OF BRYAN AVENUE AND EPPING WAY Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. 9o SB 1082 UNIFIED HAZ~%RDOUS MATERIALS PROGI~a-M Recommendation: Participate in a County of Orange administered Certified unified Program Agency with the Orange County Fire Department designated as the administrator, subject to there not being any need for local funding participation as recommended by the Community Development Department. CITY COUNCIL MINUTES Page 3, 10-3-94 CITY OF TUSTIN APPLICATIONS FOR THE 1995-2000 ORANGE COUNTY COMBINED TI~NSPORTATION FUNDING PROGI~M~ Recommendation:' Receive and file subject report as recommended by the Public Works Department/Engineering Division. 11. PLANNING COMMISSION ACTION AGENDA - SEPTEMBER 26, 1994 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 September 26, 1994. 12. 13. LEGAL SERVICES STUDY Recommendation: Continue this item to the November 7, 1994 City Council meeting as recommended by the City Manager. AUTHORIZATION TO PURCHASE TWO REGENERATIVE AIR/VACUUM SWEEPERS Recommendation: Authorize staff to purchase two (2) Elgin/Regenerative Air/Vacuum street sweepers in the amount of $104,113.00 per unit for a total cost of $224,363.52 as recommended by the Public Works Department/Field Services Division. 14. AGREEMENTS WITH MOTOROL~ Recommendation: Authorize City Manager to agreements as recommended by the City Attorney. execute subject AWARD OF CONTRACT FOR RAWLINGS RESERVOIR RETAINING WALL REPAIR Recommendation: Award the contract for the subject project to Calex Engineering Company of Newhall in the amount of $390,150.38 as recommended by the Public Works Department/Engineering Division. CONSENT CALENDAR ITEM NO. Z - APPROVAL OF MINUTES - SEPTEMBER 19, 1994 REGULAR MEETING Mayor Saltarelli stated that Berklee Maughan requested the September 19, 1994 Minutes be amended regarding his comments on Options for Changing 1996 Municipal Election Date. It was moved by Thomas, seconded by Worley, to approve the City Council Minutes of September 19, 1994, as amended. Motion carried 5-0. CONSENT CALENDAR ITEM NO. ? INVESTNENT REPORT AS OF JULY 31, 1994 Councilmember Thomas requested that future reports indicate the average portfolio yield and bond purchase prices; and he congratulated staff on receiving a Certificate of Excellence Award from the Municipal Treasurers Association. It was moved by Thomas, seconded by Worley, to receive and file subject report. Motion carried 5-0. CITY COUNCIL MINUTES Page 4, 10-3-94 16. !' BUBXH'~BB (XTE~(~ 16 THROUGH 18) COI41(UNITY~BERVICES ADULT BOFTBALL Gary Magill, Recreation Supervisor, noted that the staff report addressed privatization of the adult softball program. He pointed out that staff had done an excellent job operating the adult softball program; the league was approximately 94 percent full; the program was cost recovering and subsidized other City recreation programs; noted concern that privatization would inhibit flexibility regarding the type of programs to be offered; and emphasized the commitment staff had to offer recreation programs to the community. Mayor Pro Tem Potts stated he would consider investigating privatization of the softball league after the Columbus-Tustin Gymnasium and Tustin Sports Park opened. Councilmember Worley said she was opposed to approving a Request for Proposal for contracting the adult softball program because the City would lose flexibility of the youth sports programs; the softball program was cost recovering; the playing fields were maintained in good condition; the softball teams were pleased with the program; and she was concerned that contracting the program would increase team fees. She emphasized that the City's number one goal was to serve the community and their needs. Councilmember Thomas stated that investigating the Request for Proposal (RFP) process would present an opportunity to refine a good system and allow staff to contribute in other recreational areas. He noted that the RFP could be written stipulating that the current staff member remain in his position; the RFP could be more cost effective; the present Council supported open bidding; the City would maintain control over RFP guidelines; and he believed the city would save money contracting the softball program. The following member of the audience spoke in favor of investigating privatization of the adult softball program: Ken Royal, Parks and Recreation Commissioner Mayor Saltarelli stated that he had spoken to several softball players who indicated they were satisfied with the city's program and field maintenance, and noted that fields at the new Sports Park would be maintained by staff. He said he supported staff operating the leagues; however, he also supported investigating alternatives presented in an RFP. Council/staff discussion followed regarding current staff member's job responsibilities. William Huston, City Manager, clarified that fields at Tustin Sports Park and Columbus Tustin Park would be maintained by staff and adequate personnel was available for that purpose. CITY COUNCIL MINUTES Page 5, 10-3-94 Councilmember Worley stated the importance of City parks and contracting the softball leagues reduced the program to a business; the softball program was cost recovering; softball players were pleased with the program; the playing fields were in good condition; contracting the program would be at the players' expense; City program flexibility would be lost; and the City's input regarding fees would be limited. She stated that instead of an RFP for privatization, staff should research the pros and cons of contracting the softball program. She reiterated that increasing revenue was not the City's goal but was to provide services and recreation programs to the community. She stated she was opposed to an RFP at this time. Council/staff/speaker discussion followed regarding Columbus- Tustin Park field maintenance; Columbus-Tustin Park field improvements would require major capital improvement expenditures that the school district could not afford; privatization of tennis and roller hockey programs; and privatization of the softball program would reduce the City's liability. Mayor Pro Tem Potts stated he did not want to discourage alternative programs for the City; however, he was concerned that privatization of the adult softball program could limit recreational facilities for youth. Council/staff discussion followed regarding privatization of other City recreation programs such as tennis and roller hockey; Parks and Recreation Commission's recommendation to explore the RFP process for adult softball; and privatization preventing youth program field access on short-term notice. It was moved by Worlev. seconded by Potts, to continue staff operation of the adult softball program. The following member of the audience spoke in opposition to privatization of the adult softball league: Jeannie Jackson, Parks and Recreation Commission Motion carried 4-1, Thomas opposed. Councilmember Thomas stated that the motion did not accurately reflect this issue and clarified that he was not opposed to staff operating the adult softball program but supported RFPs to decipher if a better alternative for operating the softball program was feasible. ORDINANCE NO. 1139, CHANGING THE DATE OF THE CITY'S GENERAL HUNICIPAL ELECTION Lois Jeffrey, Interim City Attorney, reported the proposed ordinance changed the City's general municipal election date to the March statewide primary in 1996. She said that provision was automatically repealed in 1997 if the State failed to authorize a March statewide direct primary for 1998 and in that event, the ordinance provided that the City's general municipal election CITY COUNCIL MINUTES Page 6, 10-3-94 18. would be held on the second Tuesday in April. Council/staff discussion followed clarifying that if the State authorized a 1998 March primary, the City would also hold a March election, otherwise the election would automatically be held in April; and Council would need to review the matter again to determine the election date for 2000. It was moved bv Thomas. seconded by Worle¥, that Ordinance No. 1139 have first reading by title only. Motion carried 4-1, Doyle opposed. Following first reading by title only of Ordinance No. 1139 by the city Clerk, it was moved by Thomas, seconded by Worley, that the following Ordinance No. 1139 be introduced: ORDINANCE NO. 1139 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING ORDINANCE NOS. 1032 AND 1048 AND REQUIRING THAT BEGINNING IN 1996, THE GENERAL MUNICIPAL ELECTION BE HELD IN MARCH, ON THE SAME DAY AS THE STATEWIDE DIRECT PRIMARY ELECTION, AND PROVIDING THAT IF THE STATE LEGISLATURE FAILS TO PROVIDE AUTHORIZATION FOR A STATEWIDE DIRECT PRIMARY IN MARCH OF 1998, THE CITY'S GENERAL MUNICIPAL ELECTION, BEGINNING IN 1998, SHALL BE HELD ON THE SECOND TUESDAY IN APRIL OF EVEN-NUMBERED YEARS Motion carried 4-1, Doyle opposed. ORDINANCE NO. 1136, SOLICITATION IN PUBLIC RIGHT-OF-WAY Mayor Pro Tem Potts stated he favored continuing this item to clarify if the violation was a misdemeanor or infraction. Council/staff discussion followed regarding the City's Municipal Code allowing the flexibility to issue citations as infractions or misdemeanors. - William Huston, City Manager, clarified that Council adopted an ordinance allowing the Police Department flexibility in issuing citations as infractions or misdemeanors and non-sworn personnel could issue infraction citations for code enforcement violations. Council/staff discussion followed regarding private property owners designating an area of their property for solicitation; posting signs in private commercial parking areas and public right-of-ways indicating prohibition of solicitation; and clarifying on posted signs violations were a misdemeanor or infraction. Council concurred to continue this item to the October 17, 1994 Council meeting. PUBLIC INPUT - None OTHER BUSINESS CITY COUNCIL MINUTES Page 7, 10-3-94 PORTABLB BASEBALL MOUNDS/BASEB - TUSTIN 8PORTS PARK Mayor Pro Tem Potts reqUested agendizing a report on installing' portable mounds and bases at the Tustin Sports Park. STREET LIGHTS Mayor Pro Tem Potts noted numerous inoperative street lights in the City and surrounding areas and requested that Southern California Edison repair them. TUSTIN TILLER DAYS Councilmember Worley and Mayor Saltarelli encouraged the community to attend the Tiller Days Parade and festival on October 7-9. HOME DEPOT SIDEWALK SALES Councilmember Thomas noted that Home Depot was continuing unapproved sidewalk sales. christine Shingleton, Assistant City Manager, responded that sidewalk sales were continuing as part of a compromise until the Certificate of Occupancy was issued for building improvements. TUSTIN VILLAGE TRAFFIC STUDY Councilmember Thomas questioned the traffic circulation study status for Tustin Village. Christine Shingleton, Assistant City Manager, responded that the traffic mitigation study would proceed upon issuance of the Certificate of Occupancy for Home Depot. BUS STOP SHELTERS Councilmember Thomas qUestioned the status of advertising bus shelters. Christine Shingleton, Assistant City Manager, responded that the matter would be submitted to Council in approximately 30 days. COAL SETTING WORKSHOP Councilmember Thomas requested agendizing a Council goal setting workshop. Council concurred to review minutes from the last workshop to ascertain the status of previously set Council goals. BALLOON FESTIVAL Councilmembers Thomas and Worley commended staff on a successful Balloon Festival despite traffic problems. Mayor Saltarelli noted the successful Balloon Festival and CITY COUNCIL MINUTES Page 8, 10-3-94 requested a proclamation be presented to John Korff at the October 17, 1994 Council meeting. FIRE BTATION 43 Mayor Saltarelli reported on his attendance at the dedication of Fire Station 43 and encouraged the public to view the impressive facility during Fire Prevention Week. CLOSED BEBSZOW - None ~DJOURNMENT Mayor Saltarelli adjourned the meeting at 8:20 p.m. The next regular meeting of the City Council was scheduled for Monday, October 17, 1994, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. THOMAS R. SALTARELLI, MAYOR MARY E. WYNN, CITY CLERK