HomeMy WebLinkAboutCC MINUTES 1996 09 03MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
SEPTEMBER 3, 1996
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Worley at 7:03 p.m. at the
Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of
Allegiance was led by Councilmember Potts.
PWA" INVOCATION
The Invocation was given by Rev. Christopher Heath, St. Cecilia's Catholic
Church.
ROLL CALL
Council Present: Tracy Wills Worley, Mayor
Jeffery M. Thomas, Mayor Pro Tem
Mike Doyle
Jim Potts
Thomas R. Saltarelli
Council Absent: None
City Clerk: Pamela Stoker
Others Present: Christine Shingleton, Assistant City Manager
Lois Jeffrey, City Attorney
George Jeffries, City Treasurer
Elizabeth Binsack, Director of Com. Development
Steve Foster, Police Captain
Ronald A. Nault, Finance Director
Tim Serlet, Director of Public Works
Dana Kasdan, Engineering Services Manager
Rita Westfield, Asst. Dir./Com. Development
Valerie Crabill, Chief Deputy. City Clerk
Gary Magill, Recreation Superintendent
Bettie Correa, Senior Personnel Analyst
Approximately 15 in the audience
PROCLAMATION
STATE SENATOR ROSS JOHNSON
Mayor Worley read and presented a proclamation to Senator Ross
Johnson honoring his representation of Tustin residents and
legislation assistance regarding the Marine Corps Air Station,
Tustin closure.
Senator Johnson thanked Council for the proclamation; stated it
was an honor to represent the people of the 35th Senate District
and to work with Council; and he looked forward to the 21st
Century.
PUBLIC INPUT - None
PUBLIC HEARING - None
CONSENT CALENDAR (ITEMS 1 THROUGH 11)
It was moved by Potts, seconded by Saltarelli, to approve the Consent
Calendar as recommended by staff. Motion carried 5-0.
i
2.
3.
APPROVAL OF MINUTES - AUGUST 19, 1996 REGULAR MEETING
Recommendation: Approve the City Council Minutes of August 19,
1996.
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,129,071.43
and ratify Payroll in the amount of $327,415.97.
380-10
UNITED STATES GOVERNMENT V. MONTROSE CHEMICAL CORPORATION 360-82
Recommendation: Approve and direct the Mayor and City Clerk to
execute subject Amended Consent Decree as recommended by the City
Attorney. 470-10
CITY COUNCIL MINUTES
Page 2, 9-3-96
4. RESOLUTION NO. 96-87 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE EXECUTION AND DELIVERY
OF A FIRST SUPPLEMENTAL FISCAL AGENT AGREEMENT AND OTHER MATTERS
RELATED THERETO
Recommendation: Adopt Resolution No. 96-87 clarifying ambiguous
language in the existing Fiscal Agent Agreement regarding the use
of deposits in the Capitalized Interest Account of the Redemption
Fund as recommended by the Finance Department. 410-30
5. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND THE RELEASE OF BONDS FOR
TRACT NO. 14381 (PRESIDIO)
Recommendation: Accept all public improvements within Tract No.
14381 and authorize release of the following bonds for the
indicated amounts: Faithful Performance Bond No. 111-3286-7737,
$47,509.00; Labor and Materials Bond No. 111-3286-7737,
$23,754.50; and Monumentation Bond No. 111-3296-5994 (previously
Bond No. 111-2715-3994), $9,000.00 as recommended by the Public
Works Department/Engineering Division. 600-70
6. ACCEPTANCE OF, PUBLIC IMPROVEMENTS AND THE RELEASE OF BONDS FOR
TRACT NO. 14748 (PRESIDIO)
Recommendation: Authorize release of the following bond for the
indicated amount: Monumentation Bond No. 111-2721-9095 in the
amount of $2,000.00 as recommended by the Public Works
Department/Engineering Division. 600-70
7. RESOLUTION NO. 96-88 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP 15055
Recommendation: Adopt Resolution No. 96-88 approving Final Tract
Map 15055 as recommended by the Community Development Department.
600-70
8. RESOLUTION NO. 96-89 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE USE OF TAXES
ALLOCATED FROM THE TOWN CENTER PROJECT AREA FOR THE PURPOSE OF
REHABILITATING THE PROPERTY AT 1361 EL CAMINO REAL AND CONVERTING
THE APARTMENTS INTO OWNERSHIP UNITS WILL BE OF BENEFIT TO THE
PROJECT AREA
Recommendat,,on: Adopt Resolution No. 96-89 finding that the
Laguna Gardens project and Disposition and Development Agreement
is of benefit to the Town Center Redevelopment Project Area as
recommended by the Redevelopment Agency staff. 400-10
9. SUPPLEMENTAL BUDGET APPROPRIATION FOR BUSINESS LICENSE COMPUTER
HARDWARE AND PRINTER
Recommendation: Authorize a supplemental budget appropriation of
$4,500.00 from the General Fund Reserves Account for the purchase
of a new computer, printer and hardware accessories for business
licensing as recommended by the Community Development Department.
330-25
10. PLANNING COMMISSION ACTION AGENDA - AUGUST 26, 1996
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
August 26, 1996. 120-50
11. RESOLUTION NO. 96-90 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING RESOLUTION NO. 88-103 (CITY'S
PERSONNEL RULES AND REGULATIONS)
Recommendation: Adopt Resolution No. 96-90 amending the City's
Personnel Rules and Regulations as recommended by the City
Attorney. 500-90
REGULAR BUSINESS ( ITEMS 12 THROUGH 14 )
12. NAME ALTERNATIVES FOR 14722 NEWPORT AVENUE, NEWPORT FAMILY AND
YOUTH CENTER
Mayor Pro Tem Thomas. noted a name suggestion that had appeared in
the Tustin Weekly newspaper, TAFFY Neighborhood Center; and stated
he preferred that name rather than the recommendations presented
by the Parks and Recreation Commission.
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Mayor Worley agreed and noted that the TAFFY acronym, Tustin Acts
For Families,-, and Youth, could be utilized in fine print with the
name of the center.
Christine Shingleton, Assistant City Manager, responded that TAFFY
was only one of three participants involved in the development of
the center, the City and Redevelopment Agency were the major
construction financing sources, and an alternative name that
Council had previously discussed was Tustin Family and Youth
Center.
Councilmember Potts stated the general public was not
knowledgeable about TAFFY and TAFFY had not been instrumental in
developing the project.
Councilmember Saltarelli agreed that TAFFY was not identifiable
with residents, the center needed to be named so it was
specifically identified as a family and youth center, and believed
Tustin Family and Youth Center would be the most suitable.
It was moved by Saltarelli seconded by Potts, to name the
facility located at 14722 Newport Avenue, Tustin Family and Youth
Center.
Motion carried 5-0.
13. POST OFFICE
930-40
Councilmember Potts noted that as part of his campaign platform,
he had pledged support to improve the City's post office;
commented on the recent post office interior remodel and the
insufficient and dangerous parking conditions; and scheduling a
meeting between Council representatives and the new postmaster
regarding acquisition of a larger and better located post office.
Councilmember Saltarelli commented on the unsuccessful meetings he
had attended with Postal Service representatives in Washington
D.C. and at the local level regarding acquiring a new post office;
and the necessity to continue lobbying for a new City post office.
Councilmember Potts requested a letter from Council be forwarded
to Congressmember Cox outlining the problem and asking his
assistance in acquiring a new post office; and suggested locating
a post office in Old Town.
Councilmember Doyle suggested the community send letters to their
State representatives requesting a new City post office.
Mayor Worley stated that the Postal Service had established
priorities of need and a new Tustin post office was not a high
priority; less working space would be required once the postal
service centralized services; and she supported locating a post
office in Old Town. 150-40
14. FUNDING REQUEST FROM DOWNTOWN BUSINESS ASSOCIATION
Christine Shing.leton, Assistant City Manager, reported that staff
had been meeting with a small group of Old Town property and
business owners to discuss establishment of a downtown business
association to stimulate commercial activity and assist in
revitalization efforts of Old Town. She stated the group had
submitted a strategic plan including a proposal of marketing
tools; requested a two-year grant from the City for $212,000.00
and to waive discretionary review and building permit fees for
certain projects in the downtown area.
Elizabeth Binsack, Director of Community Development, reported
that staff had prepared a fee waiver policy which included a
purpose and intent section identifying desired goals to attract
and retain businesses and avoid potential blight in the downtown
area; establishment of areas of benefit to be included within the
fee waiver area; limiting fees for interior and exterior building
improvements to $85,000.00; the policy could be used for additions
CITY COUNCIL MINUTES
Page 4, 9-3-96
constituting less than 10 percent of gross floor area; and new
development occurring on non-residential properties within the
area could be considered on a case-by-case basis by the
Redevelopment Agency. She stated the fee waiver policy would
terminate in fiscal year 1997/98; the policy could be extended for
one year; and the City's cost would be approximately $1,500.00 per
property owner if the full improvement benefit of $85,000.00 was
used.
Christine Shingleton, Assistant City Manager, stated that the
Redevelopment Agency could not provide financial assistance to an
ad hoc committee; formation of a non-profit organization before
proceeding with this matter was necessary; other agencies provided
seed money to downtown associations to assist in creation of non-
profit organizations and subsequent to providing seed money,
cities discontinued financial assistance except for specific
performance tasks; noted the advantages of forming a non-profit
organization; and authorizing a Request for Proposal for
consultant services would assist in identifying potential funding
sources.
Council/staff discussion followed regarding the status of a
downtown pedestrian stairwell at Stevens Square; the downtown
promotional video was in production; the City's involvement in the
creation of the non-profit organization would be limited to
funding; the business community would determine the process
schedule; .and the importance of moving forward in downtown
redevelopment.
It was moved by Potts, to authorize funding, not to exceed
$10,000.00, for creation of a non-profit downtown business
organization; and adopt the Old Town Residential Fee Waiver
policy.
Council/staff discussion followed regarding possible business
license assessments as a result of formation of a downtown non-
profit association; and contacting the Chamber of Commerce for
assistance.
The.following member of the audience spoke regarding that the
Downtown Business Association was in the process of contacting all
Chamber of Commerce and Economic Development Council members for
input; the Business Association's support of formation of a non-
profit organization; modifying the limitations on the fee waiver
policy; noted recent improvements to a local business that could
have benefitted from the fee waiver; and requested the fee waiver
policy be broadened:
Greg Bennett
Council/staff discussion followed regarding approving the seed
money for formation of the non-profit organization; the downtown
association operating as a sub -group of the Chamber of Commerce;
and hiring L consultant with expertise and resources in business
improvement districts would create an efficient way to proceed
with downtown redevelopment.
Councilmember Potts' motion to authorize funding, not to exceed
$10,000.00, for creation of a non-profit downtown business
organization; and adopt the Old Town Residential Fee Waiver policy
died for lack of a second.
It was moved by Potts seconded by Doyle, to authorize funding,
not to exceed $10,000.00, for creation of a non-profit downtown
business organization.
Mayor Pro Tem Thomas stated he supported the initial funding for
creation of a non-profit organization; the City must support
merchants' redevelopment efforts; requested the association submit
their downtown redevelopment plans for Council review; the need to
attract new downtown businesses; staff would monitor the formation
of the non --profit organization; continued financial assistance
from government could result in less autonomy for the
CITY COUNCIL MINUTES
Page 5, 9-3-96
organization; the importance of the non-profit organization to be
an independent entity; supported the fee waiver policy; noted the
number of businesses that had moved out of the City; and commented
on the City's past support of local businesses.
Mayor Worley stated she supported providing seed money and
authorizing a Request for Proposal for consultant services; and
the importance of the downtown association to be financially
independent from the City.
Councilmember Saltarelli stated his support for approving the seed
money; the City's obligation to assist in attracting business to
the downtown area; continued City financial contributions would
dictate greater City involvement in redevelopment efforts;
downtown merchants should be self directed; all downtown area
businesses must be included in the project; supported the fee
waiver policy; and the Redevelopment Agency could review fee
waiver requests on a case-by-case basis.
Council/staff discussion followed regarding including' the fee
waiver policy in the motion; formation of the non-profit group as
the first step and proceeding with the fee waiver policy after
formation of the non-profit group; the Redevelopment Agency could
review fee waiver requests on a case-by-case basis; Downtown
Business Associations support of the fee waiver policy; review in
two years the financial impact on the Agency; the fee waiver
policy could create complaints from the remainder of the business
community; and redevelopment area fee waivers presented an
opportunity to attract businesses to the downtown area.
Councilmember Potts stated that he had initially supported the fee
waiver policy but was willing to reconsider the policy due to the
-• comments made by the speaker. He said the most important issue
was to create the non-profit organization in order to initiate the
redevelopment process; stated he would amend his motion to include
the fee waiver policy; clarified that this matter only affected
redevelopment area businesses; and noted the benefits to the
entire City after the downtown area was redeveloped.
Council/staff discussion followed regarding approving the seed
money to be used for consultant Request for Proposals prior to
formation of the non-profit group; the Redevelopment Agency would
retain a consultant with experience in downtown business
improvement district creation; the Agency should be involved in
selection of a consultant; and Council waiving the Request for
Proposal process in lieu of a professional services agreement in
order to expedite the process.
As an amendment to the motion, ii
Thomas, to authorize funding,
creation of a non-profit downtown
Request for Proposal process;
Residential Fee Waiver policy.
Motion carried 5-0.
PUBLIC INPUT - None
OTHER BUSINESS/COMMITTEE REPORTS
was moved by Potts seconded by
not to exceed $10,000.00, for
business organization; waive the
and adopt the Old Town Non -
COMMENDATION - POLICE DEPARTMENT GANG SUPPRESION UNIT
330-20
Councilmember Doyle commented on the continued success of the
Police Department gang suppression unit.
Mayor Worley reported gang suppression unit arrest statistics and
commended the officers for a successful operation.
SPORTS PARK - PARRS AND RECREATION COMMISSION CONTACT PLAQUE
Councilmember Potts reported that a plaque with Parks and
Recreation Commission names and telephone numbers would be placed
CITY COUNCIL MINUTES
Page 6, 9-3-96
at the Sports Park as a convenience to residents who had questions
or needed information.
DRIVER/PASSENGER VEHICLE SAFETY
Councilmember Potts reported on witnessing a serious automobile
accident, cautioned the public against moving anyone who was
injured, and reminded everyone to wear seat belts.
NON-PROFIT TICKET RAFFLE FOR TUSTIN HIGH SCHOOL
Councilmember Potts requested agendizing at the September 16, 1996
Council meeting a non-profit ticket raffle for Tustin High School
swimming pocl repairs.
REGIONAL GANG SUPPRESSION
Councilmember Potts noted successful regional gang suppression
activities were making a difference county -wide.
DOWNTOWN BUSINESS ASSOCIATION
Mayor Pro Tem Thomas expressed pleasure with funding and
assistance that would be provided the Downtown Business
Association.
TREE PARK
Mayor Pro Tem Thomas questioned the construction schedule of the
Tree Park and requested monthly status updates.
Christine Shingleton, Assistant City Manager, responded that
construction was on schedule with completion estimated in late
1997. She stated that the Redevelopment Agency was producing a
City newsletter for October release which would include City-wide
development information including future park and Tustin Family
and Youth Center construction.
ORANGE COUNTY FIRE AUTHORITY
Mayor Worley reported on her attendance at her first Fire
Authority meeting where approximately 200 firefighters expressed
displeasure with contract negotiations.
CLOSED SESSION
Mayor Worley announced that the City Council would convene in closed
session to confer with the City Attorney regarding pending litigation:
City of Tustin vs. Wilde Family Trust, OCSC Case No. 762346.
ADJOURNMENT
Mayor Worley adjourned the meeting at 8:15 p.m. The City Council
scheduled a joint meeting with the Parks and Recreation Commission on
September 16, 1996, at 5:30 p.m., and the next regular meeting of the City
Council was scheduled for Monday, September 16, 1996, at 7:00 p.m. in the
Council Chambers at 300 Centennial Way. —
TRACY WfALS WORLEY, MAY
Cf__
IT
E STOKERr CITY CLERK