HomeMy WebLinkAboutCC MINUTES 1996 04 01MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
APRIL 1,1996
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Potts at 7:04 p.m. at the Council
Chambers, 300 Centennial Way, Tustin, California. The Pledge of
Allegiance was led by Mayor Pro Tem Worley.
INVOCATION
The Invocation was given by Rev. Henry Sellers, First Baptist Church of
Tustin.
ROLL CALL
Council Present: Jim Potts, Mayor
Tracy Wills Worley, Mayor Pro Tem
Thomas R. Saltarelli
Jeffery M. Thomas
Council Absent: Mike Doyle
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager
Lois Jeffrey, City Attorney
George Jeffries, City Treasurer
Elizabeth Binsack, Director of Com. Development
W. Douglas Franks, 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
Valerie Crabill, Chief Deputy City Clerk
Bettie Correa, Senior Personnel Analyst
Rita Westfield, Asst. Dir./Com. Development
Rick Zimmer, Redevelopment Program Manager
Gary Veeh, Water Services Manager
Paula Rankin, Associate Planner
Approximately 40 in the audience
PROCLAMATION
LITTLE LEAGL;E FIELD MAINTENANCE VOLUNTEERS: JIM CITARELLA, WADE
JACKSON AND DICK PHILLIPS
Mayor Potts read and presented proclamations to Jim Citarella,
Wade Jackson, and Dick Phillips recognizing their volunteer
maintenance of the Little League fields at Utt School.
Dick Phillips thanked Council for the proclamations.
Mayor Pro Tern Worley stated that volunteers were the foundation of
a community; noted the early weekend hours required to prepare the
fields for play; and thanked the volunteers for their work.
Mayor Potts noted that the Sports Park fields were also maintained
by Messrs. Citarella, Jackson and Phillips; and thanked the other
volunteers who assisted in maintenance of the Little League
fields.
PUBLIC INPUT
OPERATION SAFE CAMPUS PROGRAM
Rick Gale, Irvine Reserve Police Officer, reported on activities
and goals of the Operation Safe Campus Program with the Irvine
Unified School District, and invited Council and staff to attend
a Program meeting.
Mayor Potts suggested using Irvine's plan as a model for a similar
program in Tustin.
CITY COUNCIL MINUTES
Page 2, 4-1-96
PUBLIC HEARING ( ITEM 1 )
1. FISCAL YEAR 1996-97 ONE-YEAR ACTION PLAN AND PROPOSED USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
Paula Rankin, Associate Planner, reported that the U. S.
Department of Housing and Urban Development (HUD) created
regulations to consolidate four federal funding programs,
including the Community Development Block Grant Program (CDBG),
and required jurisdictions submit a Consolidated Plan to apply for
those monies. She stated that the Consolidated Plan was a five-
year planning tool developed to identify affordable and supportive
housing, Community Development Programs and social services, and
a strategy to meet those needs. She summarized the Plan's One -
Year Action Plan including individual jurisdiction allocations had
not been established by HUD at this time; a 20 percent allocation
decrease from last year was possible; CDBG funding must benefit
low and moderate persons, address slum and blight, assist with
major catastrophes or emergencies, and may also be used for
planning activities and program administration; 15 percent maximum
grant award allowed for non-profit groups; maximum of 20 percent
allowed for administrative projects; extensive citizen
participation occurred to establish grant uses; the number of
applications for funding received by staff; and the Citizen
Participation Committee reviewed applications, recommended funding
priorities, and had developed a contingency plan in the event a
reduction of CDBG funds transpired.
Council/staff discussion followed regarding administrative costs.
Mayor Potts stated that CDBG funding should be allocated for uses
such as the Boys and Girls Club, Tustin Eastern Little League, and
Tustin High School pool maintenance; establishing an additional
contingency fund for community requests; and the importance of the
City allocating funding for community activities and facilities.
Councilmember Saltarelli said past administrative costs should be
reviewed in order to determine if granting additional funding to
community groups was feasible; and he supported allocating the
maximum amount of funding possible to benefit community
organizations.
William Huston, City Manager, stated that Federal regulations
required a 1,5 percent maximum allocation for community based non-
profit groups; the Council historically had made non-profit groups
a funding priority; and additional funding for groups could be
allocated from other funding sources, if Council desired.
Council/staff discussion followed regarding all public agencies
were bound by the 15 percent non-profit allocation threshold; the
numerous funding requests from community organizations; capital
funding shortfall for parks and recreation facilities; City
responsibility to assist with funding essential non-profit
organizations; CDBG funding threshold regulations; and funding
projects through the budget process.
Mayor Potts opened the Public Hearing at 7:34 p.m. There were no
speakers on the subject and the Public Hearing was closed.
It was moved by Worley, seconded by Thomas, to adopt the following
Resolution No. 96-25 approving the proposed use of Community
Development Block Grant (CDBG) funds for inclusion in the
Consolidated Plan - One -Year Action Plan for Fiscal Year 1996-97:
RESOLUTION NO. 96-25 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PROPOSED USE OF FISCAL YEAR
1996-97 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR INCLUSION IN
THE ONE-YEAR ACTION PLAN
Motion carried 4-0, Doyle absent.
640-16
Councilmembc.r Thomas requested the funding project priority list
be submitted to Council prior to the meeting agenda to allow
adequate time to review the recommendations; and noted that some
Council/staff discussion followed regarding the Consolidated Plan
funding process; setting forth guidelines for the Citizen
Participation Committee; and allocating additional money for
community needs.
Mayor Pro Tem Worley noted her frustration with the Federal
funding constraints; stated she would become involved with the
Citizens Participation Committee next year; and was pleased with
President Clinton's plan which allowed community involvement in
project funding.
HEARING ( ITEM 2 )
2. HEARING AND ADOPTION OF RESOLUTION OF NECESSITY FOR THE
SEVENTEENTH STREET WIDENING PROJECT (NORTHSIDE OF 17TH STREET
BETWEEN CARROLL WAY AND SR -55
Lois Jeffrey, City Attorney, explained that this item was a
hearing for the property owners only. She reported Council had
approved this project in 1993; the project involved widening of
the approaches to the Seventeenth Street bridge to alleviate
traffic congestion; Caltrans' widening of the Seventeenth Street
bridge over the SR -55 freeway; the project included construction
of a dedicated right -turn lane allowing westbound Seventeenth
Street traffic to enter the northbound SR -55 freeway; the impact
to Mimi's Cafe required removal of a portion of sidewalk; the
impact to the Chevron Gas Station required removal of a landscape
planter; temporary loss of parking at Mimi's Cafe during
construction; the project consisted of reduced lane widths and
sidewalk widths to reduce the amount of property taken; diligent
efforts had been made by staff to negotiate a purchase price at
fair market value; an acceptable purchase price could not be
reached; and the necessity to proceed with eminent domain in order
to coordinate the City's project with Caltrans construction
because of an existing property easement.
Council/staff discussion followed regarding the number of parking
spaces lost during and after construction; estimated three month
construction period; temporary easement compensation; and
additional on-site parking at the rear of the restaurant center.
Mayor Potts opened the Hearing at 7:44 p.m.
The following member of the audience spoke in favor of the
Resolution of Necessity with conditions for the Seventeenth Street
Widening Project; commended staff for their cooperation on the
project; and presented a slide presentation of the proposed
project modifications and requested conditions* integrate and
coordinate the project with Caltrans; cooperate with affected
parties to mitigate damages; provide accurate and timely scope of
work and scheduling information; and provide weekly project status
updates:
Dominic Kovacevic, Wilde Management Group representing the
property owners
Council/staff/speaker discussion followed regarding the proposed
conditions would assure mitigation of damages, were addressed in
the negative declaration, and would not be included in the
Resolution of Necessity.
There were no other speakers on the subject and the Hearing was
closed at 7:56 p.m.
It was moved by Thomas seconded by Worley, to adopt the following
Resolution of Necessity. A four/fifths (4/5) vote was required
for approval:
CITY COUNCIL MINUTES
Page 4, 4-1-96
RESOLUTION NO. 96-31 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING A NECESSITY FOR THE PUBLIC USE
OF PORTIONS OF ASSESSOR'S PARCEL NOS. 395-311-01 AND 395-311-39
(17241 AND 17231 E. SEVENTEENTH STREET-WILDE FAMILY TRUSTS), AND
AUTHORIZING THE ACQUISITION OF SUCH PROPERTY AND THE EXPENDING OF
FUNDS, THEREFORE IN THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS
Motion carried -4-0, Doyle absent. 490-50
CONSENT CALENDAR ( ITEMS 3 THROUGH 11 )
It was moved by Thomas, seconded by Saltarelli, to approve the Consent
Calendar as recommended by staff. Motion carried 4-0, Doyle absent.
3. APPROVAL OF MINUTES - MARCH 18, 1996 REGULAR MEETING
Recommendation: Approve the City Council Minutes of March 18,
1996.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation : Approve Demands in the amount of $1,624,567.26
and ratify Payroll in the amount of $337,142.11. 380-10
360-82
5. RESOLUTION NO. 96-27 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FROM STREET
IMPROVEMENTS FOR SAN JUAN STREET WIDENING FROM NEWPORT AVENUE TO
ORANGE STREET (PROJECT NO. 700134)
Recommendation: Adopt Resolution No. 96-27 accepting said work as
complete and authorize the recordation of the Notice of Completion
and direct the City Clerk to (1) Release the Labor and Materials
Bond not stoner than thirty-five (35) days after the date of
recordation of the Notice of Completion, and (2) Release the
Faithful Performance Bond not sooner than one year after the date
of recordation of the Notice of Completion as recommended by the
Public Works Department/Engineering Division. 400-45
6. RESOLUTION NO. 96-26 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR STREET
IMPROVEMENTS FOR WALNUT STREET WIDENING FROM NEWPORT AVENUE TO
ORANGE STREET (PROJECT NO. 700135)
Recommendation: Adopt Resolution No. 96-26 accepting said work as
complete and authorize the recordation of the Notice of Completion
and direct the City Clerk to (1) Release the Labor and Materials
Bond not sooner than thirty-five (35) days after the date of
recordation of the Notice of Completion, and (2) Release the
Faithful Performance Bond not sooner than one year after the date
of recordation of the Notice of Completion as recommended by the
Public Works Department/Engineering Division. 400-45
7. RESOLUTION NO. 96-28 - 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
INSTALLATION OF TRAFFIC SIGNAL AND INTERCONNECT AT EL CAMINO REAL
AND ORANGE STREET
Recommendation: Adopt Resolution No. 96-28 accepting said work as
complete and authorize the recordation of the Notice of Completion
and direct the City Clerk to (1) Release the Labor and Materials
Bond not sooner than thirty-five (35) days after the date of
recordation of the Notice of completion, and (2) Release the
Faithful Performance Bond not sooner than one year after the date
of recordation of the Notice of Completion as recommended by the
Public Works Department/Engineering Division. 400-45
8.
DIRECTIVE TO FILL AUDIT COMMITTEE VACANCY
Recommendation: Direct staff to advertise for applicants to fill
the remaining term of G.W. Jeffries, who recently resigned from
tI-e Audit Crmmittee as recommended by the Finance Department.
120-10
F THE CITY COUNCIL OF THE
WORKS OF IMPROVEMENT AND
F COMPLETION FOR COLUMBUS
PROJECT NO. 600112
9. RESOLUTION NO. 96-30 - A RESOLUTION O
CITY OF TUSTIN, CALIFORNIA, ACCEPTING
AUTHORIZING RECORDATION OF NOTICE O
TUSTIN WELL EMERGENCY POWER RETROFIT,
W
CITY COUNCIL MINUTES
Page 5, 4-1-96
10.
11.
,
Recommendation: Adopt Resolution No. 96-30 accepting said work
and authorizing recordation of the Notice of Completion as
recommended by the Public Works Department/Water Division. 400-45
SERVICE AUTHORITY ABANDONED VEHICLE (SAAV) REIMBURSEMENT PROGRAM
Recommendation: Approve the appropriation of funds received from
the Service Authority Abandoned Vehicle (SAAV) Reimbursement
Program to the Community Development Department -Planning Division
(3010) Supplies and Services Accounts as recommended by the
Community Development Department.
390-70
PLANNING COMMISSION ACTION AGENDA - MARCH 25, 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
March 25, 1996. 120-50
REGULAR BUSINESS (ITEMS 12 THROUGH 22)
12.
13.
14.
ORDINANCE NO. 1164, ISSUANCE OF WARRANTS AND DEPOSIT OF FUNDS
It was moved by Thomas seconded by Worley, to have second reading
by title only and adoption of Ordinance No. 1164.
Motion carried 4-0. Doyle absent (roll call vote).
The City Clerk read the following Ordinance No. 1164 by title
only:
ORDINANCE NO. 1164 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 6 OF ARTICLE 1 OF THE
TUSTIN CITY CODE RELATIVE TO THE ISSUANCE OF WARRANTS AND
AUTHORIZING DEPOSIT OF SURPLUS FUNDS
300-05
ORDINANCE NO. 1165, PERMIT PARKING ON CINDY AND LETTY LANES
It was moved by Worley secondedby Thomas, to have second reading
by title only and adoption of Ordinance No. 1165.
Motion carried 4-0, Doyle absent (roll call vote).
770-15
The City Clerk read the following Ordinance No. 1165 by title
only:
ORDINANCE NG. 1165 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 5331n TO
DESIGNATE CINDY LANE AND LETTY LANE FOR PARKING BY PERMIT ONLY
ASSEMBLY BILL 2736
It was moved_ by Thomas seconded by Saltarelli, to adopt the
following Resolution No. 96-29 supporting Assembly Bill 2736
amending the redevelopment law to facilitate the use of
redevelopment benefits at closing military bases, and directing
the Assistant City Manager to inform the Bill's sponsor and others
of the City's support for the measure:
RESOLUTION NO. 96-29 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, SUPPORTING THE ADOPTION AND ENACTMENT
OF AB 2736 AMENDING REDEVELOPMENT LAW TO ASSIST REUSE AND ECONOMIC
DEVELOPMENT AT CLOSING MILITARY INSTALLATIONS
Motion carried 4-0, Doyle absent. 150-50
15. AUTHORIZATION FOR CONSULTANT SERVICES FOR PREPARATION OF A
BUSINESS AND DEVELOPMENT PLAN
It was moved by Worley seconded by Saltarelli, to authorize the
City Manager to execute a Consultant Services Agreement with the
Sedway.Kotin Mouchly Group for preparation of a Business and
Development Plan.
Motion carried 4-0, Doyle absent. 400-10
CITY COUNCIL MINUTES
Page 6, 4-1-96
16. PROPOSED AMENDMENTS TO THE CITY OF TUSTIN INVESTMENT POLICY
It wasmoved by Saltarelli,
seconded by Thomas to adopt the
amended City of Tustin Investment Policy.
Motion carried 4-0, Doyle absent. 355-85
17. REQUEST FOR FUNDING, FOOTHILL HIGH SCHOOL GRAD NIGHT _
It was moven by Saltarelli, seconded by Worley, to appropriate
$3,000 to Foothill High School Grad Night.
Motion carried 4-0, Doyle absent. 330-20
18. RESOLUTION NO. 96-32, RECOVERY OF STATE LIBRARY FUNDING
It was moved by Thomas seconded by Worley, to adopt the following
Resolution No. 96-32:
RESOLUTION NO. 96-32 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, STATING THE COMMITMENT OF THE CITY OF
TUSTIN TO RECOVER STATE LIBRARY FUNDING WHICH HAS BEEN WITHDRAWN
Motion carried 4-0, Doyle absent.
910-30
19. AMENDMENT TO CONTRACT WITH PUBLIC EMPLOYEES RETIREMENT SYSTEM TO
ADD MILITARY BUY BACK OPTION
It was moved by Thomas, seconded by Saltarelli, to adopt the
following Resolution No. 96-24 to amend the contract with the
Public Employees Retirement System to provide the Military Buy
Back Option for all sworn employees as previously approved by the
City Council on February 20, 1996, in the Memorandum of
Understanding with the Tustin Police Officers Association; and to
have first reading by title only of Ordinance No. 1166:
RESOLUTION NO. 96-24 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, OF INTENTION TO APPROVE AN AMENDMENT
TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF
TUSTIN
Motion carried 4-0, Doyle absent.
Following first reading by title only of Ordinance No. 1166 by the
City Clerk, it was moved by Saltarelli, seconded by Thomas, that
the following Ordinance No. 1166 be introduced:
ORDINANCE NO. 1166 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF TUSTIN AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT
SYSTEM
400-75
Motion carried 4-0, Doyle absent.
20. AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH EMPLOYMENT SYSTEMS,
INC.
It was moved by Thomas, seconded by Worley, to certify by minute
motion that the use of Employment Systems, Inc. is consistent with
the City's purchasing ordinance and would not require formal
bidding procedures and that a bid process for the proposed
services would be impractical and unsuitable; and authorize the
Assistant City Manager to negotiate and enter into an agreement
with Employment Systems, Inc. to provide contract staffing
services for grant -related tasks to the City of Tustin, subject to
review and approval by the City Attorney.
400-10
Motion carried 4-0, Doyle absent.
CITY COUNCIL MINUTES
Page 7, 4-1-96
21. REMOVAL OF BUS BENCH TRELLIS FROM THE SOUTHEAST CORNER OF MAIN
STREET AND EL CAMINO REAL
Mayor Potts requested that staff store the bench trellis for
Possible future use.
It was moved by Thomas seconded by Worley, to direct staff to
remove the existing bus bench/trellis from the southeast corner of
Main Street and E1 Camino Real.
Motion carried 4-01 Doyle absent.
690-35
22• NEWPORT FAMILY AND YOUTH CENTER PRELIMINARY PLAN REVIEW
Mike Henley, Director of Community Services, reported that at the
November 20, 1995 meeting, the Redevelopment Agency authorized the
use of South Central Project Area funds for acquisition of the
Newport Youth and Family Center site and architectural design
services to rehabilitate the building. He summarized the project
including a design team and architectural firm had developed a
preliminary plan to incorporate multiple use of space and an
innovative building and site design; service providers would
include Orange Children and Parents Together, Inc, TAFFY
Coalition, and the City's Community Services Department; and the
projected opening date was September 1, 1996..
It was moved by Saltarelli seconded by worley, to direct staff to
begin developing construction documents.
Motion carried 4-0, Doyle absent. 930-40
PUBLIC INPUT - None
P""OTHER BUSINESS
PIONEER ROAD TRAFFIC ENFORCEMENT
Councilmember Thomas stated he had received citizen complaints
about speed violations on Pioneer Road and requested Police
enforcement and installation of speed limit signs as needed.
AGENDIZE MAYOR/MAYOR PRO TEM SELECTION - APRIL 15, 1996 MEETING
Councilmember Saltarelli requested agendizing the selection of the
Mayor and Mayor Pro Tem at the April 15, 1996 Council meeting.
Council concurred.
CALTRANS STORAGE YARD - SR-55/MCFADDEN AVENUE
Mayor Potts requested the equipment storage yard at SR -55 and
McFadden Avenue be removed and if that was not possible, the area
should be fenced and landscaped by the City.
AGENDIZE PROVIDING SCHOOL DISTRICT STORAGE/BINGO GAME FACILITIES
Mayor Potts requested providing a storage area for Grad Nite
decorations and bingo game facilities for the School District at
MCAS, Tustin, be agendized at the April 15, 1996 meeting.
AGENDIZE TUSTIN EASTERN LITTLE LEAGUE FUNDING REQUEST
Mayor Potts submitted a letter from the Tustin Eastern Little
League soliciting funding from the City and requested the matter
be agendized.
TUSTIN PRIDE COMMITTEE AWARD CERTIFICATES
Mayor Potts requested the Tustin Pride Committee be allowed use of
the City seal on their award certificates and, if that was not
Possible, requested the City provide Tustin Pride with award
certificates.
CITY COUNCIL MINUTES
Page 8, 4-1-96
COMMITTEE REPORTS - None
CLOSED SESSION - None
ADJOURNMENT
Mayor Potts adjourned the meeting at 8:09 p.m. The next regular meeting
of the City Council was scheduled for Monday, April 15, 1996, at 7:00 P.M.
in the Council Chambers at 300 Centennial Way.
MAYOR Gum
ell
AMELA STOKER, CITY CLERK