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HomeMy WebLinkAbout03 MINUTES 09-16-96 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA SEPTEMBER 3, 1996 NO. 3 9-16-96 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. 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 Shinglet°n, 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 PROCL~M/%TION 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 thankedrCouncil 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 ~P. ING - None CITY COUNCIL MINUTES Page 2, 9-3-96 CONSENT CA?.~WDAI~ (ITEHS I THROUGH 11) It was moved by Potts, seconded by Saltarelli, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. le 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. UNITED STATES GOVERNMENT V. MONTROSE CHEMICAL CORPORATION Recommendation: Approve and direct the Mayor and City Clerk to execute subject Amended Consent Decree as recommended by the City Attorney. · 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. 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. · 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. · · 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. 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 CITY COUNCIL MINUTES Page 3, 9-3-96 Recommendation: 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. · 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. 10. PLANNING COl(MISSION ACTION AGENDA - AUGUST 26, 1996 Ail 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. 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. REGUL~RBUSINESS ( 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. 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. CITY COUNCIL MINUTES Page 4, 9-3-96 13. 14. 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. POST OFFICE 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. FUNDING REQUEST FROM DOWNTOWN BUSINESS ASSOCIATION Christine Shingleton, 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 constituting less than 10 percent of gross floor, area; and new development occurring on non-residential properties within the CITY COUNCIL MINUTES Page 5, 9-3-96 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 a consultant with expertise and resources in business improvement districts would create an efficient way to proceed with downtown redevelopment. CITY COUNCIL MINUTES Page 6, 9-3-96 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-pr6fit organization; continued financial assistance from government could result in less autonomy for the 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 Association's 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 ~he 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. CITY COUNCIL MINUTES Page 7, 9-3-96 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, it was moved by Potts, seconded by Thomas, to authorize funding, not to exceed $10,000.00, for ~reation of a non-profit downtown business organization; waiVe the Request for Proposal process; and adopt the Old Town Non- Residential Fee Waiver policy. Motion carried 5-0. PUBLIC INPUT - None OTWRR BUSINESS/COMI'ZITTEE REPORTS COMMENDATION - POLICE DEPARTMENT GANG SUPPRESION UNIT 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 - PARKS AND RECREATION COMMISSION CONTACT PLAQUE Councilmember Potts reported that a plaque with Parks and Recreation Commission names and telephone numbers would be placed 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 pool repairs. REGIONAL GANG SUPPRESSION Councilmember Potts noted successful regional gang suppression activities were making a difference county-wide. CITY COUNCIL MINUTES Page 8, 9-3-96 DOWNTOWN BUSINESS ASSOCIATION Mayor Pro Tem Thomas expressed pleasure with funding and assistance that would' be provided the Downtown Business Association. TREE PARK Mayor Pr© 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. 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 WILLS WORLEYv MAYOR PAMELA STOKER, CITY CLERK