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HomeMy WebLinkAbout01 MINUTES 03-06-00 - MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA FEBRUARY 22, 2000 1~0. 1 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 Potts and the Invocation was given by Mr. Al Enderle. ROLL CALL Council Present: Council Absent: City Clerk: ©thers Present: Tracy Wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem Mike Doyle Jim Potts Thomas R. Saltarelli Pamela Stoker 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 Sedet, 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 Shifter, Manager, presented a brief history of the team, thanking the Minutes- City Council February 22, 2000- Page 1 Tustin Senior Ce~ .... . and Tustin Community Founa,...Jn 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 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. . APPROVAL OF MINUTES - FEBRUARY 7, 2000 REGULAR MEETING Recommendation: Approve the City Council Minutes of February 7, 2000. 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. ,, CANINE SALES AGREEMENT Recommendation: Approve the Sales Agreement between the City and Officer Paul Minutes- City Council February 22, 2000- Page 2 . . . 1 . Carvo releasing the Cl~y'bf responsibility and/or liability co,..~ming Police Canine Ajax as recommended by the Police Department. 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. 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. 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. 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 (ClP NO. 7157) AND SECOND STREET FROM PASADENA AVENUE TO MYRTLE AVENUE (ClP NO. 7158) RecommendatiOn: Approve the Consultant Services Agreement with Willdan Associates to provide construction survey services related to 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) 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. 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. RESOLUTION NO. 00-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION Minutes - City Council February 22, 2000 - Page 3 AUTHORITY TO, ,EASE A PORTION OF THE.. ,vlBINED 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. 10. AWARD OF CONTRACT FOR THE RECONSTRUCTION OF PASADENA AVENUE FROM THE MAIN STREET CUL-DE-SAC TO THE FIRST STREET CUL-DE-SAC (ClP 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 Iow 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. 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. Al 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 bond payments one of their highest budget priorities as they allocate funds. Proposition Minutes- City Council February 22, 2000- Page 4 12. 12 will require about'S, ~0 million a year in debt paymen{~. _. his 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 Wodey, 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. 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 Minutes - City Council February 22, 2000 - Page 5 year. He noted t~,~..,.'t.he City was projecting a $4t,.,.J00 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. 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. Minutes- City Council February 22, 2000- Page 6 13. Councilmember Do~le-l~ointed out previous Councils'~,,~.~'" built the revenue base to secure the quality of life; felt the State penaliz, ed 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. Motion carried 4-0, Saltarelli absent. 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. 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. Minutes - City Council February 22, 2000 - Page 7 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. TRACY WILLS WORLEY, MAYOR PAMELA STOKER, CITY CLERK Minutes- City Council February 22, 2000- Page 8