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.
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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.
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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.
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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
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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
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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