HomeMy WebLinkAboutCC MINUTES 2000 02 22 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
FEBRUARY 22, 2000
CALL TO ORDER
The meeting was called to order by Mayor Worley at 7:03 p.m. in the Council Chamber, 300
Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Jim
Ports and the Invocation was given by Mr. AI Enderie.
ROLL CALL
Council Present: Tracy Wills Worley, Mayor
Jeffery M. Thomas, Mayor Pro Tem
Mike Doyle
Jim Potts
Council Absent: Thomas R. Saltarelli
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager
Christine Shingleton, Assistant City Manager
Lois Jeffrey, City Attorney
George Jeffries, City Treasurer
Elizabeth Binsack, Director of Community Development
Steve Foster, Chief of Police
Robert Schoenkopf, Police Captain
Tim Serlet, Director of Public Works
Ronald A. Nault, Finance Director
Pat Sanchez, Director of Parks and Recreation Services
Dana Kasdan, Engineering Services Manager
Rita Westfield, Asst. Director, Community Development
Scott Reekstin, Acting Senior Planner
Valerie Crabill, Chief Deputy City Clerk
Bettie Correa, Senior Personnel Analyst
Approximately 45 in the audience
ADJOURNMENT
Mayor Worley announced that the meeting would be adjourned in memory of James
Shumar, a Tustin teenager who was killed in an automobile accident.
PROCLAMATION
Orange County Spikers - Mayor Worley read and presented a proclamation to the
Orange County Spikers for their athletic achievement in the 1999 U.S. National Senior
Olympics. Harold Shiffer, Manager, presented a brief history of the team, thanking the
Tustin Senior Center and Tustin Community Foundation for their sponsorship. Jim
Godfrey, Coach, applauded the team and mentioned a future game in the Laguna area.
Police Officer Paul Carvo and Canine Ajax - Mayor Worley read and presented
proclamations to Senior Officer II Paul Carvo and his canine, Ajax Od Hranionej Rieky, in
recognition of their outstanding service and retirement from the canine unit. Officer Carvo
expressed appreciation to the Council for the recognition and to his wife for her support
during the six years he worked the graveyard shift, and thanked the City and its citizens
for support of the canine program and their kindness to Ajax.
PRESENTATION
State Of The Tustin Pride - Kathy Windsor, 1999 Chairperson, presented an overview
of State Of The Tustin Pride's activities, including landscape recognition, student poster
contests, tree recycling, and holiday display awards; expressed appreciation for the
participation of City staff in the meetings, programs and activities; expounded on the
program's core group structure of six to seven area leaders; mentioned various sources
Minutes - City Council February 22, 2000 - Page I
of support and donated time and materials needed for the programs; described Angels In
Tustin, a group of volunteers who rehabilitated homes through yard work and exterior
maintenance; reported the need for volunteers; and introduced the new officers for the
year 2000.
Mayor Worley responded with appreciation for the group's expansion of its programs and
stated that pride was inspired in an entire neighborhood when an individual received an
award.
Bob Aris, 2000 Chairperson, presented Kathy Windsor with a plaque on behalf of Tustin
Pride members, signifying their appreciation for her leadership and dedication during
1999.
PUBLIC INPUT - None
PUBLIC HEARING - None
CONSENT CALENDAR ( ITEMS I THROUGH 10 )
It was moved by Potts, seconded by Thomas, to approve the consent calendar as
recommended by staff. Motion carried 4-0, Saltarelli absent.
1. APPROVAL OF MINUTES - FEBRUARY 7, 2000 REGULAR MEETING
Recommendation: Approve the City Council Minutes of February 7, 2000.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,991,803.64 and ratify Payroll
in the amount of $973,021.68. 380-10
360-82
3. CANINE SALES AGREEMENT
Recommendation: Approve the Sales Agreement between the City and Officer Paul
Carvo releasing the City of responsibility and/or liability concerning Police Canine Ajax as
recommended by the Police Department. 400-10
4. RESOLUTION NO. 00-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AUTHORIZING AGREEMENTS BETWEEN THE POLICE
DEPARTMENT OF THE CITY OF TUSTIN AND THE STATE OF CALIFORNIA
DEPARTMENT OF HIGHWAY PATROL
Recommendation: Adopt Resolution No. 00-12 to authorize the training of Tustin
Motorcycle Officers at the California Highway Patrol Academy in Sacramento as
recommended by the Police Department. 150-30
5. PLANNING COMMISSION ACTION AGENDA - FEBRUARY 14, 2000
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 February 14, 2000.
120-50
6. RESOLUTION NO. 00-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF IMPROVEMENT
PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR
STREET REHABILITATION FUNDING UNDER THE COMBINED TRANSPORTATION
FUNDING PROGRAM
Recommendation: Adopt Resolution No. 00-13 requesting the Orange County
Transportation Authority include the City of Tustin's projects in the 2000-2001/2002-2003
Arterial Highway Rehabilitation Program as recommended by the Public Works
Department/Engineering Division. 690-55
7. CONSULTANT SERVICES AGREEMENT FOR CONSTRUCTION SURVEY
SERVICES FOR THE RECONSTRUCTION OF PASADENA AVENUE FROM THE
MAIN STREET CUL-DE-SAC TO THE FIRST STREET CUL-DE-SAC (CIP NO. 7157)
AND SECOND STREET FROM PASADENA AVENUE TO MYRTLE AVENUE (CIP
NO. 7158)
Recommendation: Approve the Consultant Services Agreement with Willdan Associates
to provide construction survey services related to the Reconstruction of Pasadena
Minutes - City Council February 22, 2000 - Page 2
Avenue from the Main Street cul-de-sac to the First Street cul-de-sac (CIP No. 7157) and
Second Street from Pasadena Avenue to Myrtle Avenue (CIP No. 7158) for a not-to-
exceed fee of $11,847.00 and authorize execution of the Consultant Services Agreement
by the Mayor and City Clerk subject to approval by the City Attorney as recommended by
the Public Works Department/Engineering Division. 400-10
8. CONSULTANT SERVICES AGREEMENT TO PROVIDE INTERIM WATER DIVISION
MANAGEMENT
Recommendation: Approve the Consultant Services Agreement with ASL Consulting
Engineers, a subsidiary of Tetra Tech, Inc., to provide an interim Water Division Manager
for the Water Division at an hourly rate of $100 an hour (not to exceed 100 hours a
'"""" month), and authorize execution of the Consultant Services Agreement by the Mayor and
City Clerk subject to approval by the City Attorney as recommended by the Public Works
Department/Engineering Division. 400-10
9. RESOLUTION NO. 00-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION
AUTHORITY TO RELEASE A PORTION OF THE COMBINED TRANSPORTATION
PROGRAM FUNDS FOR THE JAMBOREE ROAD/EDINGER AVENUE
INTERCHANGE AS A PART OF THE MOULTON PARKWAY SMART STREET
PROJECT (PROJECT NO. 7154)
Recommendation: Request the Orange County Transportation Authority release an
additional reimbursement of $1,259,394.00 from the Combined Transportation Program
Funds for the Jamboree Road/Edinger Avenue Interchange Project by adopting
Resolution No. 00-7 as recommended by the Public Works Department/Engineering
Division. 690-55
10. AWARD OF CONTRACT FOR THE RECONSTRUCTION OF PASADENA AVENUE
FROM THE MAIN STREET CUL-DE-SAC TO THE FIRST STREET CUL-DE-SAC (CIP
NO. 7157) AND SECOND STREET FROM PASADENA AVENUE TO MYRTLE
AVENUE (CIP NO. 7158)
Recommendation: Declare Groundwater Remediation's bid non-responsive and award
,...- the construction contract for the Reconstruction of Pasadena Avenue and Second Street
; to Topline Construction, the second low bidder, in the amount of $313,592.25 and
authorize the Mayor and City Clerk to execute the contract documents on behalf of the
City as recommended by the Public Works Department/Engineering Division.
400-45
REGULAR BUSINESS ( ITEMS 11 THROUGH 13 )
11. SUPPORT FOR PROPOSITION 12
Mayor Worley reported the Council had received a letter from the Chamber of Commerce
clarifying their opposition to Proposition 12.
AI Murray, Parks and Recreation Commissioner, announced his presence was to seek
support for Proposition 12, which emphasized quality of life in California cities, and would
authorize the sale of $2.1 billion in bonds to fund park projects. Mr. Murray named
various supportive business and civic groups and mentioned specific programs to make
parks safer, provide new recreational activities, plant trees, protect open spaces, and
build new parks; the City of Tustin would be eligible for $834,150.00 based on a
population of 67,000 at $12.45 per capita funding; once Proposition 12 was approved
funds could be appropriated for the 2001-2002 budget; no new taxes would be imposed
by Proposition 12 and the legislature was given no new power to raise taxes; explained
that Proposition 12 was paid entirely from existing general fund revenue; and the funding
provided by bonds under Proposition 12 would be instrumental in providing innovative
recreational opportunities and facilities for the new millennium in the City of Tustin.
Mayor Worley expressed her support of Proposition 12 and read a portion of a
memorandum from Parks and Recreation Commissioner, Hank Nunez: "Parks are a
critical component of California and Tustin's quality of life. Eleven years have passed
since the last state bond funds were approved for park improvements. Since this is a
state general obligation bond, Proposition 12 does not raise taxes. Payments on the
bond will be made over twenty to twenty-five years from existing revenues in the state
general fund. According to Steve Kroes, Vice President, California Taxpayers'
Association, 'the passage of this bond merely commits the legislature to make these
Minutes - City Council February 22, 2000 - Page 3
bond payments one of their highest budget priorities as they allocate funds. Proposition
12 will require about $140 million a year in debt payments. This is only .2% of next year's
projected general fund. This small percentage is a reasonable amount to pay for
investing in important park facilities that will benefit present and future generations.' We,
as Californians, must fund these types of projects while the economy and the state
budget is strong."
The following individual spoke in opposition to Proposition 12:
Mike Conley, Executive Director, Tustin Chamber of Commerce
Council discussion followed regarding availability and use of the State's surplus funds
and funds available under Proposition 12.
Councilmember Potts stated the City must support Proposition 12 in order to receive
funds designated for specific purposes; there were already fewer parks in Tustin than in
many Orange County cities; contemplated the passage of Measure F where funds could
support development of a large park for all of Orange County; and expressed
appreciation for Mr. Murray's hard work in support of Proposition 12.
Mayor Pro Tem Thomas voiced disapproval of state and federal governments borrowing
money against surpluses; pointed out this practice could work only in a good economy;
felt borrowing the money was not the best method to fund safe neighborhood parks,
clean water/air and coastal protection; questioned if the State Legislature could allocate
money out of current funds to pay for these benefits; felt it was illogical in California's
fluctuating, cyclical economy to borrow money against a surplus; any surplus should be
reserved for a future need; felt the City did not operate in that manner, nor should the
State; and stated his opposition to Proposition 12.
It was moved by Potts, seconded by Worley, to adopt the following Resolution No. 00-4
supporting Proposition 12:
RESOLUTION NO. 00-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, SUPPORTING PROPOSITION 12, THE. SAFE
NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL
PROTECTION BOND ACT OF 2000
Motion died 2-2, Thomas and Doyle opposed, Saltarelli absent. 150-30
12. 1999-2000 MID-YEAR BUDGET REVIEW
Ron Nault, Finance Director, presented a summary of City of Tustin activity for all funds
during the first six months of the 1999-2000 fiscal year; a reconciliation of last year's
activities resulted in $1.6 million additional monies in the General Fund; included in the
City .Manager's recommendation was to transfer funds to the Capital Improvement and
Park Development Funds; it was projected the City would have an additional $1.6 million
fund balance at the end of this fiscal year; the reconciliation section showed the
beginning appropriation balance, prior period adjustments, prior appropriations approved
by Council, capital improvement reconciliations, and an additional $169,000 in
appropriations was requested; the $2.7 million transfers and $169,000 were included in
the summary and were part of the $33 million budget to be adopted to finish out the fiscal
year. He noted that the City was projecting a $410,000 increase over the original
property tax estimate, considered significant in light of depressed property values of prior
periods; sales tax was showing a relatively fiat growth and the $16.8 million included in
the original budget would not be amended; regarding expenditures, the City was again
within the 4-5% range for expenditures meeting appropriations, consistent with prior
years; of significance was the $1.9 million reconciliation of Seven Year Capital
Improvement Projects; reminded Council that whatever was appropriated in year one of
the project was consistent through successive years until project completion; additional
funds were requested only if necessary to complete the project; and funds were generally
not re-appropriated but reconciled with balances carried forward.
Councilmember Potts suggested that the City begin improving its reserves since basis
points would increase, affecting the stock market; felt Dr. Greenspan's actions would
result in a slower economy and the City should be prepared.
Minutes - City Council February 22, 2000 - Page 4
William Huston, City Manager, stated it was clarified by Council and the Audit Committee
that the City must ensure its reserve was adequate; with adjustments and transfers, the
City's General Fund reserves remained at 15%; he pointed out when all funds were
considered, the City's total budget amounted to over $85 million, allowing for some
flexibility in case of urgent need; the purpose of the 15% reserve was to give that type of
flexibility; the City would continue to monitor any changes in sales and property tax; and
agreed that the economy would not continue as it had for the last several years.
Councilmember Potts stated the City could set a wise precedent in Orange County by
implementing 20% reserves; and believed that the sound economy would continue, but
the City should be prepared in the event of a downturn.
Ron Nault stated that in a 1998 report, the Audit Committee had discussed the
recommendation of the 15% reserves and had created a threshold of 52%, the
relationship of total sales tax dollars generated and total revenue in the General Fund;
the City had reached that 52% threshold and should consider increasing the reserves to
avoid becoming too dependent on sales tax dollars; and even a 10% reduction in sales
tax would significantly affect the operation of the budget.
William Huston cautioned that every dollar above the 15% reserve threshold was
equivalent to one less dollar for the capital fund or operations budget.
Councilmember Potts stated there was a possibility of the State shifting revenues with a
reduction in sales tax to the City and felt the City should prepare for such a cutback in
revenue; he believed revenue would be taken from higher revenue counties and given to
other counties with less revenue; and the same would happen to cities.
William Huston explained there was discussion at the State level to redistribute sales tax
revenue among cities and counties; the City of Tustin would suffer under that scenario
due to its relatively high per capita rate; as yet there was no legislation introduced but
much discussion; it might occur next year or the year after, but was inevitable; the City
was now losing approximately $1 million per year in property tax which the State was
setting aside for education; and the State felt the City's solid economy justified State
withholding of these monies.
Councilmember Doyle pointed out previous Councils had built the revenue base to
secure the quality of life; felt the State penalized cities for fiscal responsibility by taking
revenue away; and expressed concern regarding indifferent attitudes of citizens.
Council/staff discussion followed regarding requirements for transferring/reallocating
funds to/from the General Fund; the advantages/disadvantages of placing surplus
monies into specific funds versus General Fund; there was no legal mandate on reserve
level; the 15% reserve was based on cash flow; specific funds such as water could not be
transferred back into the General Fund; capital funds could be reallocated back into the
General Fund; and financial policy decisions would have to be reached.
Mayor Pro Tem Thomas pointed out seven rate increases in 1994-95; felt the City should
again consult with the Audit Committee to evaluate current allocations and shore up its
reserves to prepare for any economic downturn; the City should determine how long it
could weather a substantial downturn in the economy regarding current and future capital
improvement projects; Capital Improvement Projects should be prioritized; the City
should not ignore the trend in Sacramento; and felt the State should not be trusted to
protect the City's interests.
Councilmember Potts and Mayor Worley commended the City Manager for not
overstaffing, which eliminated the need for layoffs and utilizing the reserves.
It was moved by Thomas, seconded by Doyle, to approve amended General Fund
Appropriations for fiscal year 1999-2000 of $33,067,052, to include: (a) Authorization to
transfer $2 million from the projected Unappropriated Reserves of the General Fund to
the Capital Improvement Fund to accumulate reserves for the proposed Seven Year
Capital Improvement Program, and (b) Authorization to transfer $700,000 from the
projected Unappropriated Fund Balance of the General Fund, to the Park Development
Fund.
Minutes - City Council February 22, 2000 - Page 5
Motion carried 4-0, Saltarelli absent. 330-50
13. FIRE SERVICES
Councilmember Doyle requested that the City Council agendize a presentation on an
alternate fire services plan on March 6, 2000.
Council discussion followed regarding a time limit of one hour for the presentation and
public comment.
Council concurred. 260-10
PUBLIC INPUT- None
OTHER BUSINESS / COMMITTEE REPORTS
James Shumar - Councilmember Potts commented on the death of James Shumar,
noted his service to the community, and sent condolences to the Shumar and Prescott
families. Mayor Pro Tem Thomas and Mayor Worley added their condolences.
Vector Control - Mayor Worley reported that fire ants were not evident in Tustin,
however, residents could contact Vector Control regarding extermination instructions.
CLOSED SESSION - Mayor Worley announced the City CoUncil would convene in closed
session to confer with its labor negotiator, William A. Huston, City Manager, regarding
unrepresented employees.
ADJOURNMENT - Mayor Worley adjourned the meeting at 8:08 p.m. in memory of James
Shumar. The next regular meeting of the City Council was scheduled for Monday, March 6,
2000, at 7:00 p.m. in the Council Chamber at 300 'Centennial Way.
WORLEY, M
PAMELA STOKER, CITY CLERK
Minutes - City Council February 22, 2000 - Page 6
ADJOURNMENT - Chair Wodey adjourned the meeting at 8:08 p.m. The next regular meeting
of the Redevelopment Agency was scheduled for Monday, March 6, 2000, at 7:00 p.m. in the
Council Chamber at 300 Centennial Way.
PAMELA STOKER, RECORDING SECRETARY
Minutes - Redevelopment Agency February 22, 2000 - Page 2