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HomeMy WebLinkAboutCC MINUTES 1996 09 16MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA SEPTEMBER 16, 1996 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Worley at 7:04 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Saltarelli. 'INVOCATION The Invocation was given by Pastor Dane Counts. ROLL CALL Council Present: Tracy Wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem Mike Doyle Thomas R. Saltarelli Council Absent: Jim Potts City Clerk: Pamela Stoker (absent) Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney 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 Valerie Crabill, Chief Deputy City Clerk Bettie Correa, Senior Personnel Analyst Dana Ogdon, Senior Planner Paula Rankin, Associate Planner Approximately 50 in the audience ANNOUNCEMENT Mayor Worley wished Ellen Burkey a happy birthday; noted her work behind the scenes operating the audio-visual cable equipment for City Council meetings; and commended her for a job well done. PROCLAMATIONS FIRE PREVENTION WEEK, OCTOBER 6-12 Mayor Worley read and presented a proclamation declaring October 6-12, 1996, as Fire Prevention Week. Battalion Chief Cleveland, Orange County Fire Authority, thanked Council for the proclamation; stated this year's theme was "Let's Hear It For Fire Safety, Test Your Detectors;" stated the need for home, school, and business fire drills; noted local fire station Open House activities on October 12, 1996, and encouraged the community to attend. CONSTITUTION WEEK, SEPTEMBER 17-23 Mayor Worley read and presented a proclamation declaring September 17-23, 1996, as Constitution Week. June Lazich, Daughters of the American Revolution, thanked Council for the proclamation, and stated that on September 17, 1996, at 4:00 p.m., the community would ring bells commemorating the Constitution's birthday. TUSTIN BOBBY SOX TEAM, NATIONAL CHAMPIONS Mayor Worley read and presented proclamations to the Tustin Bobby Sox All Star players: Jolyne Acuna, Chelsea Cantillo, Mallorie Croal, Rishelle Gastelum, Amanda Hoffman, Jacquelyn Long, Tonye McCorkle, Alexandra Moesser, Juliana Nichols, Elizabeth Ocegueda, Ashley Wellmerling, and Amber Wolff; Manager Kerry Nichols; CITY COUNCIL MINUTES Page 2, 9-16-96 Coaches Al Gastelum and Eric Wolff; and Chaperon Kari -Jo Young for winning the National Bobby Sox Championship. Coach Eric Wolff thanked Council for the proclamations; noted the long hours of practice and the team's readiness to play in the National Championship game; stated how proud he was of the team and coaches; and thanked the fans who supported the team. Coach Al Gastelum thanked Council for the honor; commented on how hard the team had worked; thanked the Tustin Bobby Sox organization for being instrumental in gaining recognition for the "AA" division at the national level; and stated he was proud to be a part of the team. PUBLIC INPUT - None. PUBLIC HEARINGS (ITEMS 1 THROUGH 2) 1. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONSOLIDATED PLAN ANNUAL PERFORMANCE REPORT Paula Rankin, Associate Planner, reported that in May 1995, the City submitted a five-year Consolidated Plan to the Department of Housing and Urban Development addressing community needs, primarily related to housing. She stated that submission of the Consolidated Plan enabled the City to receive Community Development Block Grant Funds (CDBG); however, as a condition of receiving CDBG funds, a report outlining performance objectives was required. She said the performance report described the City's expenditures in redevelopment housing for rehabilitation of existing rental and owner -occupied dwelling units; participation in the Mortgage Credit Certificate Program and the Tustin Grove project; expenditure of $72,000.00 in CDBG funds for transitional housing and related services; and housing related assistance was provided to approximately 200 residents during the 1995/96 fiscal year. Mayor Worley opened the public hearing at 7:24 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Saltarelli, seconded by Thomas, to adopt the following Resolution No. 96-93 authorizing submission of Tustin's Consolidated Plan Annual Performance Report to the U.S. Department of Housing and Urban Development: RESOLUTION NO. 96-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE ANNUAL PERFORMANCE REPORT FOR FISCAL YEAR 1995-96 OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Motion carried 4-0, Potts absent. 640-05 2. COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE PERFORMANCE REPORT Paula Rankin, Associate Planner, reported that regulations for the Community Development Block Grant Program (CDBG) required the City to submit an annual financial report, known as a Grantee Performance Report, to the Department of Housing and Urban Development (HUD) explaining how entitlement funds were expended during the program year. She stated that HUD required a minimum of 75 percent of CDBG funds benefit low and moderate income persons and, as part of the approximate $251,000.00 expended by the City, nearly 90 percent was utilized addressing those needs; only 5.6 percent of funding was used for planning and program administration; and CDBG funds were also used for completion of "C" Street construction, expansion of the Tustin Boys and Girls Club, providing meals at the Tustin Area Senior Center, Fair Housing Services, and providing counseling and emergency shelters for youth ar.d women with children. Mayor Worley opened the public hearing at 7:26 p.m. There were no speakers on the subject and the public hearing was closed. CITY COUNCIL MINUTES Page 3, 9-16-96 It was moved by Doyle, seconded by Thomas, to adopt the following Resolution No. 96-94 approving the Community Development Block Grant Grantee Performance Report for Fiscal Year 1995-96 and authorizing submission of the report to the U.S. Department of Housing and Urban Development: RESOLUTION NO. 96-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE GRANTEE PERFORMANCE ,� REPORT FOR FISCAL YEAR 1995-96 OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Motion carried 4-0, Potts absent. CONSENT CALENDAR (ITEMS 3 THROUGH 15) 640-15 It was moved by Thomas, seconded by Saltarelli, to approve the Consent Calendar as recommended by staff. Motion carried 4-0, Potts absent. 3. APPROVAL OF MINUTES - SEPTEMBER 3, 1996 REGULAR MEETING Recommendation: Approve the City Council Minutes of September 3, 1996. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $838,511.74 and ratify Payroll in the amount of $330,604.34. 380-10 360-82 5. AWARD OF CONTRACT FOR MODIFICATION OF TRAFFIC SIGNAL AND INTERCONNECT AT MCFADDEN AVENUE/PASADENA AVENUE (CIP NO. 800054) Recommendation: Award contract for subject project to C.T.& F., Inc. in the amount of $103,140.00 as recommended by the Public Works Department/Engineering Division. 400-45 6. RESOLUTION NO. 96-92 - A RESOLUTION OF THE CITY COUNCIL OF THE *^°* CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE DEMOLITION OF THE EL CAMINO APARTMENTS, 1921-1951 EL CAMINO REAL (CIP NO. 700116DEMO) Recommendation: Adopt Resolution No. 96-92 approving the plans and specifications and authorizing advertisement for bids for subject project as recommendedby the Public Works Department/Engineering Division. 400-45 7. DETERMINATION OF NATIONAL REGISTER ELIGIBILITY FOR PROPERTIES AT MCAS TUSTIN Recommendation: Receive and file subject report as recommended by the Redevelopment Agency staff. 150-50 8. CONSULTANT AGREEMENT FOR UPDATE OF CITY-WIDE PAVEMENT MANAGEMENT SYSTEM Recommendation: Approve a consultant agreement with Infrastructure Management Services (IMS) for professional services to update the city-wide pavement management system, at a not to exceed fee of $61,250.00 for the current year's update and authorize the execution of the consultant agreement by the Mayor and City Clerk, subject to the City Attorney's approval as recommended by the Public Works Department/Engineering Division. 9. PLANNING COMMISSION ACTION AGENDA - SEPTEMBER 9, 1996 400-10 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 Sept. 9, 1996. 120-50 10. STATUS REPORT: HERITAGE WAY PARK AND TUSTIN RANCH TREE PARK Recommendation: Receive and file subject report as recommended by the Community Services Department. 920-65 11. CITIZENIS OPTION FOR.PUBLIC SAFETY (COPS) PROGRAM 920-35 Recommendation: (1) Direct the Finance Director to establish a Supplemental Law Enforcement Services Fund, and (2) Set a Public Hearing for,October 7, 1996 to consider use of the AB 3229 funds as recommended by the Police Department. 390-70 12. REJECTION OF CLAIM NO. 96-12, CLAIMANT: ROBERT WIMBUSH Recommendation: Reject subject claim and direct the City Clerk to CITY COUNCIL MINUTES Page 4, 9-16-96 provide appropriate notice to the claimant and to the claimant's attorney as recommended by the City Attorney. 180-10 13. REJECTION OF CLAIM NO. 96-33, CLAIMANT: DAVID KEEN Recommendation: Reject subject claim and direct the City Clerk to provide appropriate notice to the claimant and to the claimant's attorney as recommended by the City Attorney. 180-10 14. REJECTION OF CLAIM NO. 96-34, CLAIMANT: MERRICK HARLAN COOPERMAN — Recommendation: Reject subject claim and direct the City Clerk to provide appropriate notice to the claimant and to the claimant's attorney as recommended by the City Attorney. 180-10 15. REJECTION OF CLAIM NO. 96-23, CLAIMANT: RONALD OLAERTS Recommendation: Reject subject claim and direct the City Clerk to provide appropriate notice to the claimant and to the claimant's attorney as recommended by the City Attorney. 180-10 REGULAR BUSINESS (ITEMS 16 THROUGH 17) 16. U.S. COAST GUARD REQUEST FOR HOUSING AT MCAS-TUSTIN William Huston, City Manager, reported that the Coast Guard's base housing request had been rejected by the City; the financial advantages to the Federal government of locating housing at the San Pedro/Palos Verdes site; the City's $500,000.00 offer for landscaping upgrades for the San Pedro/Palos Verdes housing; the length of time the funding offer had been available without Coast Guard acceptance; and the Base Closure Task Force's recommendation to rescind the offer if the Coast Guard had not accepted the funding in 30 days. Councilmember Saltarelli stated that if the Coast Guard accepted the $500,000.00 for improvements at the San Pedro/Palos Verdes site, their request for Tustin base housing would be withdrawn; remarked on the length of time the offer had been presented without Coast Guard acceptance;. and he noted the Task Force's show of good faith by allowing 30 days before rescinding the offer. It was moved by Saltarelli, seconded by Worley, to forward written notification to the U.S. Coast Guard that if the City's offer of $500,000.00 was not accepted by 5:00 p.m. on October 17, 1996, the funding would be rescinded. Mayor Worley stated that she supported the Task Force's recommendation; was hopeful a decision would be made prior to expiration of the 30 -day offer; the Federal government was working on a resolution; would consider withdrawing the offer immediately; and noted several recent conversations and correspondence with the Coast Guard regarding their base housing request. Mayor Pro Tem Thomas stated he would also support withdrawing the offer immediately because of the lack of Coast Guard response; he believed the $500,000.00 offer was unimportant to the Coast Guard; questioned the logic of offering the Federal government money to locate other housing facilities; and noted Congressman Cox's support for expediting a resolution. Councilmember Doyle stated he would also support withdrawing the offer immediately because he believed, due to the length of time the offer had been available, the Coast Guard was not going to accept the financing. Councilmember Saltarelli stated that the Coast Guard believed their move to the base would benefit the City; and the importance of leaving t] -ie $500,000.00 offer available for 30 days because the government had not reached a decision. Council/staff discussion followed regarding the City's continued cooperation with the Coast Guard; the 30 -day decision deadline was reasonable; City of Los Angeles was negotiating with the Coast Guard to establish housing in San Pedro/Palos Verdes; resolution of the housing issue was necessary because the Base Reuse Plan must be submitted to the Federal government in approximately 30 CITY COUNCIL MINUTES Page 5, 9-16-96 days; and the potential financial impact to the City with the loss of 55 acres of base land to the Coast Guard. Motion carried 4-0, Potts absent. 150-50 17. REPORT ON AUDIT COMMITTEE REVIEW OF ISSUES RAISED BY SARA PENN AND BERRLEE MAUGHAN William Huston, City Manager, reported that Sara Penn and Berklee Maughan had raised issues regarding Water Enterprise transfers to the General. Fund and use of revenue generated by the debt surcharge. He stated the Audit Committee had reviewed the issues and found that the use of debt surcharge revenue had been appropriate; however, additional study was required for establishing an administrative transfer policy. It was moved by Saltarelli, seconded by Thomas, to allow the Audit Committee to work with staff to develop a permanent policy and procedure for administrative transfers; and agendize the matter at a future Council meeting. Motion carried 4-0, Potts absent. PUBLIC INPUT COMMENTS - ITEM NO. 17 300-50 Berklee Maughan, Tustin, stated that he had spoken with several Councilmembers who agreed to continue this item to a future meeting because of Councilmember Potts' absence. Council/speaker discussion followed regarding referring the issue back to the Audit Committee for further study; the matter would be .•,, agendized at a future meeting; and staff would notify Ms. Penn and Mr. Maughan when the issue was agendized. William Huston, City Manager, clarified the Audit Committee recommendations; staff was collecting information on different transfer approaches for Audit Committee review; and agendiz°ing the Audit Committee final recommendation. Council/staff/speaker discussion followed regarding agendizing the Audit Committee's final recommendation in November.; Ms. Penn and Mr. Maughan would be notified of the meeting date; and the Audit Committee's request for additional information on transfer approaches before making a policy recommendation. OTHER BUSINESS/COMM77TTEE REPORTS ABSENT FROM OCTOBER 7, 1996 COUNCIL MEETING Mayor Pro Tem Thomas announced he would be absent from the October 7, 1996 Council meeting. CITY TREASURER JEFFRIES' APPOINTMENT Mayor Worley announced that City Treasurer Jeffries had been appointed to the State Treasurer Advisory Board for Local Agency Investment Funding. HUD FUNDING - MCAS, TUSTIN Mayor Worley announced the City had received $1 million in Housing and Urban Development (HUD) funding for rehabilitation of 192 units for the homeless at Marine Corps Air Station, Tustin. NOMINATIONS - NATIONAL SERVICE AWARD Mayor Worley reported that she had been requested to submit local nominations for a national service award for benefiting children and youth; nominees could be both professional or volunteer; and she requested residents contact her with possible candidates. CITY COUNCIL MINUTES Page 6, 9-16-96 POLICE GANG SUPPRESSION UNIT Mayor Worley reported she had participated in a sting operation with the Police gang suppression unit; six gang members had been arrested during the sting; and she commended the unit for their effectiveness in the community. CLOSED SESSION Mayor Worley announced that the City Council would convene in closed session to confer with Nick Nichols, the City's labor negotiator; the employee organization involved in potential negotiations is the Tustin _ Municipal Employees Association. The City Council would also confer with the City Attorney regarding: (1) the initiation of litigation (two cases); and (2) the Dale Elliotts claim (Claim No. 96-30). ADJOURNMENT Mayor Worley adjourned the meeting at 7:58 p.m. The next regular meeting of the City Council was scheduled for Monday, October 7, 1996, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. CLOSED SESSION STATEMENT The City Council denied the claim of the Dale Elliotts and directed the City Clerk to provide notice to the claimant. Vote was 4-0, Potts absent. J_X�� - WAI- TRACY WILL ORLEY, MAYOR MTY CLERK