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HomeMy WebLinkAboutCC MINUTES 1996 02 20MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA FEBRUARY 20, 1996 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Potts at 7:02 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Mayor Potts. INVOCATION The Invocation was given by Rev. Christopher Heath, Catholic Church. St. Cecilia's Roman ROLL CALL Council Present: Jim Potts, Mayor Tracy A. Worley, Mayor Pro Tem Mike Doyle Thomas R. Saltarelli Jeffery M. Thomas Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager Fred Wakefield, Police Captain 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 George Jeffries, City Treasurer Gary Veeh, Water Services Manager Rita Westfield, Asst. Dir./Com. Development Bettie Correa, Senior Personnel Analyst Approximately 15 in the audience PUBLIC INPUT OLD TOWN/HISTORICAL HOMES PRESERVATION Phil Cox, Old Town property owner, presented Council with coffee mugs depicting the Old Town sign; thanked Council and staff for supporting the Old Town sign project; reported that sufficient funds had been donated to install three additional signs; and requested support for preservation of the historical homes in the downtown area. Councilmember Doyle, on behalf of Old Town, thanked Mr. Cox for his dedication to preserving and improving the old Town area. EL CAMINO PLAZA PROJECT Greg Bennett, speaking on behalf of William Zappas, addressed Council regarding the E1 Camino Plaza project and requested Mr. Zappas be granted exclusive rights to negotiate development of the project. Mayor Pro Tem Worley and Mayor Potts assured Mr. Bennett that Council was interested in proceeding expeditiously with the project. William Huston, City Manager, noted that the subject was scheduled to be agendized at the March 4, 1996 meeting, and Council would have all necessary data to select a developer at that time. PUBLIC HEARING (ITEM 1) 1. ADOPTION OF THE 1995 URBAN WATER MANAGEMENT PLAN Gary Veeh, Water Services Manager, reported that in 1983, the California Urban Water Management Planning Act was adopted requiring urban agencies supplying water to more than 3,000 service connections, to update their Urban Water Management Plan CITY COUNCIL MINUTES Page 2, 2-20-96 every 5 years. He said the water plan indicated past, current, and projected water use and supply figures, identified potential deficiencies and conservation programs, and contained pricing information. He noted that since the last plan was adopted in 1990, few changes in our system had occurred with the exception of increased current and projected groundwater usage, and the 1992 adoption of a conservation -based pricing structure. Council/staff discussion followed regarding the underground storage facility. Mayor Potts opened the public hearing at 7:22 p.m. There were no sbeakers on the subject and the public hearing was closed. It was moved by Thomas, seconded by Doyle, to adopt the Tustin Water Service's 1995 Urban Water Management Plan by adoption of the following Resolution No. 96-18, and order that said Plan be filed with the State of California Department of Water Resources: RESOLUTION NO. 96-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE TUSTIN URBAN WATER MANAGEMENT PLAN Motion carried 5-0. 840-05 CONSENT CALENDAR (ITEMS 2 THROUGH 10) Item No. 10 was removed from the Consent Calendar by the City Manager. It was moved by Saltarelli, seconded by Worley, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES - FEBRUARY 5, 1996 REGULAR MEETING Recommendation: Approve City Council Minutes of February 5, 1996. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $529,355.94 and ratify Payroll in the amount of $327,183.12. 380-10 360-82 4. JOHN WAYNE AIRPORT STATUS REPORT Recommendation: Receive and file subject report as recommended by the Community Development Department. 690-10 5. SAN DIEGO CREEK SEDIMENT MONITORING PROGRAM COOPERATIVE AGREEMENT Recommendation: Approve the Cooperative Agreement for the San Diego Creek Sediment Monitoring and authorize the Mayor to execute said agreement , as recommended by the Public Works Department/Engineering Division. 400-70 6. RESOLUTION NO. 96-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR WALNUT AVENUE SB 821 PEDESTRIAN IMPROVEMENTS FRANKLIN AVENUE TO MYFORD ROAD (PROJECT NO. 700061) Recommendation: Adopt Resolution No. 96-22 approving the plans and specifications for Walnut Avenue SB 821 Pedestrian Improvements Franklin Avenue to Myford Road and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. 400-45 7. PLANNING COMMISSION ACTION AGENDA - FEBRUARY 12, 1996 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify Planning Commission Action Agenda of February 12, 1996. 120-50 S. RESOLUTION NO. 96-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO THE COMPENSATION OF CONFIDENTIAL EMPLOYEES Recommendation: Adopt Resolution No. 96-21 relating to compensation of confidential employees to grant confidential employees the same compensation and benefits as other general employees as recommended by Personnel Services. 520-20 CITY COUNCIL MINUTE Page 3, 2-20-96 9. TUSTIN POLICE OFFICERS ASSOCIATION MEMORANDUM OF UNDERSTANDING Recommendation: Authorize the City Manager to execute subject Memorandum of Understanding with the Tustin Police Officers Association with the understanding that the Association president sign and execute this document by Monday, February 19, 1996 as recommended by Personnel Services. 400-10 �,..,CONSENT CALENDAR ITEM NO. 10 - TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING Mayor Potts announced this item would be continued to a future Council meeting. 400-10 REGULAR BUSINESS (ITEMS 11 THROUGH 15) 11. ORDINANCE NO. 1162, MILITARY BUY BACK OPTION Mayor Potts announced this item would be continued to the March 4, 1996 Council meeting. 400-75 12. TUSTIN HIGH SCHOOL GRAD NITE FUNDING REQUEST Mayor Potts stated that the City had received a letter from Pete Seitz, representing the 1996 Grad Nite Fundraising Committee, requesting a $4,000 donation. Councilmember Doyle noted that the Grad Nite Committee had indicated a shortfall of $2,000 as a result of a smaller 1996 graduating class; and he would support donating $2,000 but opposed a $4,000 donation. The following member of the audience spoke regarding Grad Nite -- activities including parents planning and working the event; Grad Nite provided a safe, drug-free, and alcohol -free environment; past Grad Nite events had prevented death/injury of graduating seniors; the necessity of community donations; $1,000 increase from last year was due to a decrease in the number of graduating seniors and a reduced budget; the objective was to stage a quality event that seniors would attend; City support was important for the success of the event; donations were an investment in the safety of graduating seniors; and in favor of a $4,000 City donation: Pete Seitz, representing Tustin High School Grad Nite Council/speaker discussion followed regarding recycling of Grad Nite decorations between high schools; $4,000 was the minimum donation needed for Grad Niter the potential loss of community donations; contacting the Tustin Public Schools Foundation for financial assistance; approximate Grad Nite budget; Foothill High School's pending request for a Grad Nite donation; conducting various fundraising activities for Grad Nite; opposition to taxpayers' money used for parties; the lack of senior interest in holding Grad Nite at Disneyland; the frequency of financial requests to fund school projects; the importance of supporting Grad Nite; and the Tustin Unified School District had provided recreational opportunities at local schools for residents because of the lack of City parks. Council concurred to continue this item to the March 4, 1996 Council meeting pending results of Grad Nite funding request to Tustin Public Schools Foundation. 330-20 13. REHABILITATION OF TUSTIN HIGH SCHOOL OUTDOOR BASKETBALL COURTS, SOUTHWEST CORNER OF SAN JUAN STREET AND ORANGE STREET Mayor Potts stated that the Tustin High School basketball courts were in such poor condition that they were not playable; he had contacted the school district regarding the courts; the approximate $10,000 refurbishing cost; the lack of parks in the high school area; utilizing Community Development Block Grant funds to resurface the basketball courts; forwarding a letter to the school board questioning why the basketball courts had not CITY COUNCIL MINUTES Page 4, 2-20-96 been kept in playing condition; and why the school board had not provided funding for the upkeep of the courts. Councilmember Saltarelli noted that he had contacted former Superintendent Dave Andrews six months ago regarding the condition of the basketball courts and had been told that there were no funds to refurbish the courts; the courts' appearance created a blight condition; the lack of parks in the area; and he supported a financial Contribution to help improve the courts' condition and the area's appearance. Mayor Pro Tem Worley said she supported financial assistance in conjunction with the school board for basketball court refurbishing; constructing an outdoor roller hockey rink in the area; and noted the horrible conditions of the courts. Councilmember Doyle stated he believed the school board was a City adversary; the poor condition of the Tustin Ranch Elementary school playground; the school board's lack of attention to refurbishing the basketball courts; questioned what 'agency would be responsible for roller hockey player liability; pointed out that if City money was used to refurbish the basketball courts, residents could not utilize the courts during the weekday because they were located on school property; and he acknowledged the courts needed refurbishing, but stated his displeasure with the City funding the improvements. Councilmember Thomas stated his concern that the City was, on a consistent basis, funding school maintenance problems; noted the safety issues involved; supported City discussion with the school district in order to rectify the problem; supported a City loan to the school district for court refurbishing; and investigating alternative funding sources. William Huston, City Manager, said the most expeditious method would be for the City to fund the project through Redevelopment Agency fund" Community Block Grant funds would not be available until next year; the lack of other available grant programs; and drafting a refurbishing agreement with the school district that would include public benefit. Council discussion followed regarding the lack of parks in central Tustin; City and school district working together; forwarding a letter to the school district requesting reasons why they can not fund the court refurbishing; school district assistance with the youth program; utilizing Redevelopment Agency funds; completion of court refurbishing by summer; the recent murder at the high school had brought the poor conditions of the basketball courts to the public's attention; the necessity of future funding for maintenance of basketball courts because of the lack of upkeep by the school district; resurfacing the basketball courts and installation of basketball hoops would cost $10,000; the importance of cooperation between the school district and City; the City's ability to fund the refurbishing and the benefits to the children in the community when completed; Sports Park basketball courts were utilized consistently; the school district's responsibility to maintain the courts after refurbishing; public utilization of the courts after school hours; installing a half -court basketball court at Peppertree Park; Columbus Tustin Gym had available basketball courts during daytime hours; the importance of well -kept school grounds to foster children's sense of security; and continuing this issue to the March 4, 1996 Council meeting to allow the school district to respond to Council concerns. Council concurred to continue this item to the March 4, 1996 Council meeting. 1010-40 14. 1995-96 MID -YEAR BUDGET REVIEW William Huston, City Manager, reported that the Mid -Year Budget Review provided the status of the City's operating and capital funds, including the General Fund, Redevelopment Agency, and Water Enterprise, as well as describing potential problem areas and '1r CITY COUNCIL MINUTES Page 5, 2-20-96 recommended corrective action. He summarized that the General Fund was projected balanced through June 1996; day-to-day operation budget was extremely tight; property tax revenue; sales tax revenue; reduction in anticipated revenue was offset by expenditure savings; projected retail growth with the base closure and the Gateway project; staff's recommendation to transfer funds from the General Fund reserve to the Capital Projects Fund Reserved and Park Development Fund. Council/staff discussion followed regarding the General Fund reserve; Tree Park and 5 -acre park projected costs; and staff efforts to operate under budget. It was moved by Saltarelli seconded by Thomas, to (1) Authorize the transfer of $1,000,000 from the General Fund reserve to the Capital Projects Fund -Reserved; and (2) Authorize the transfer of $1,426,796 from the General Fund reserve to the Park Development Fund. Council/staff discussion followed regarding the 5 -acre park. Motion carried 5-0. 330-50 15. ' APPROVAL OF JOINT AGREEMENT/ORANGE COUNTY BANKRUPTCY Lois Jeffrey, City Attorney, reported that the City had a minimal amount of money invested with the County Treasurer, primarily remaining interest. She stated the Joint Agreement was proposed as a way to resolve the outstanding issues between the County and other public agencies in the bankruptcy case; upon approval of the agreement, the City should receive principal and interest owed including monies from the 800 MHz fund, road funds, and property tax impounds; fund distribution should occur in approximately 60 days; the County agreed to release 75 percent of the money held in County -administered accounts; the remaining 25 percent could be repaid by the County over the next 20 years; and approval of the agreement would provide release of funds in a timely manner. Council/staff discussion followed regarding that the Mid -Year Budget Review included County settlement funds; and the remaining 25 percent of County -held City funds would be "written off" as a loss because it was unlikely the money would be recovered. It was moved by Worlev. seconded bv Thomas, to approve execution of the Joint Agreement by the City Manager, subject to the letter dated January 3, 1996, from the County's attorneys. Motion carried 5-0. 400-70 Councilmember Saltarelli stated that the City, as part of an organized group of agencies, must continue to approve the Option A agreement; the City was fortunate that it had limited funds in County -administered accounts; and Option B agencies were filing amicus briefs supporting Merrill Lynch's position in the bankruptcy. Councilmember Doyle stated that the County collected property taxes, but he believed they did not know the total tax amount Pop" collected; remarked on legislation before the State legislature allowing cities to collect their own property taxes; and he encouraged the public to contact their legislators in support of the bill. PUBLIC INPUT TUSTIN HIGH SCHOOL BASKETBALL COURTS Charles Clavir, Macaw Cove Homeowners Association representative, spoke in favor of renovating Tustin High School basketball courts and stated that the Homeowners Association had been unsuccessful in obtaining funding and repairs from the Tustin Unified School District. CITY COUNCIL MINUTES Page 6, 2-20-96 TUSTIN UNIFIED SCHOOL DISTRICT CONCERNS Jane Bauer and Gail Michelsen, Tustin Unified School District, expressed concern with comments made by Council relating to the school district and its board of education; stated they had attempted unsuccessfully to meet with Council; there was a lack of understanding regarding the school district's financial situation; noted existence of an extensive Tustin Unified School District (TUSD) facility maintenance list; disputed funding amounts given to the school district by the City; and disagreed that the school board and Council were adversaries. Council/ speakers discussion followed regarding amounts of City funding givnn to the school district and Tustin Public Schools Foundation; sale of school sites; request by Tustin Police Department to extinguish lights on the tennis courts at Tustin High School to prevent unlawful activity and roller hockey play; poor condition of tennis and basketball courts were caused by roller hockey; recent murder on the tennis courts; projected increased student attendance in the TUSD; Tustin Unified School District's $15 million deferred maintenance shortfall; how operations/maintenance monies were earmarked; Tustin High School swimming pool maintenance/repair costs; joint review of student growth and recreational facilities by City and TUSD; possible Council/Board of Education joint meeting on April 29, 1996; Tustin Public Schools Foundation funding priorities; and TUSD and City working cooperatively to resolve issues. OTHER BUSINESS TUSTIN HIGH SCHOOL 75TH ANNIVERSARY Councilmember Doyle noted Tustin High School would celebrate their 75th anniversary this year and former alumni were requested to contact the Activities Director at the High School. CASINO NIGHT - FEBRUARY 24, 1996 Councilmember Doyle reported Casino Night would be held on February 24, 1996 to raise funds for the Boys and Girls Club and Chamber of Commerce. TUSTIN UNIFIED SCHOOL BOARD Councilmembers Thomas and Saltarelli expressed appreciation to school board members for their dedication and hard work. SIGN.- TREE PARK Councilmember Thomas requested replacement of the "Proposed Park" sign at the Tree Park, and requested a timeline for completion of the park. 800 MHz COMMITTEE Councilmember Saltarelli commended William Huston, City Manager, on his appointment to the County of Orange 800 MHz Committee. COAST GUARD MEETING Mayor Pro Tem Worley reported on a recent meeting with the Coast Guard regarding the Marine Corps Air Station, Tustin closure. COMMENDATION - FOOTHILL HIGH SCHOOL Mayor Pro Tem Worley commended Foothill High School on receipt of a National Blue Ribbon School honor. LIBRARY TASK FORCE Mayor Pro Tem Worley reported on Elected Officials Library Task Force efforts to obtain funding for libraries. CITY COUNCIL MINUTES Page 7, 2-20-96 TUSTIN HIGH SCHOOL Mayor Potts requested a staff report on the Tustin High School swimming pool repair and scoreboard installation; stated his goal was to showcase Tustin High School and suggested Police Department involvement such as an officer on campus and Operation Safe Campus. MIKE FLAHERTY - COMMUNITY SERVICE Mayor Potts suggested the Tustin Weekly newspaper write a feature article on Mike Flaherty, a Little League and High School volunteer. SOUTHWEST AREA Mayor Potts expressed disappointment with the Southwest area request for proposal process and requested a letter be forwarded to the Building Industry Association requesting their input on projects and development in the Southwest area; requested increased police patrol to combat loitering in the Shea Homes area; and suggested that Kenyon Drive be gated. COMMITTEE REPORTS TRANSPORTATION CORRIDOR AGENCY Mayor Potts reported on his successful efforts as a Transportation Corridor Agency (TCA) member to block consolidation of the TCA and Orange County Transportation Agency. CLOSED SESSION Mayor Potts announced the City Council would convene in closed session to confer with the City Attorney and Special Counsel regarding W.D. Franks vs. City of Tustin, WCAB No. AHM 0040436; to confer with the City Attorney regarding Heritage Construction vs. City of Tustin, Robert Bein, William Frost and Associates, Inc., (OCSC No. 742620; and to confer with Nick Nichols, the City's labor negotiator. The employee organizations involved in potential negotiations are Tustin Municipal Employees Association and Tustin Police Officers Association. Unrepresented employees are management and confidential units. ADJOURNMENT Mayor Potts adjourned the meeting at 9:02 P.M. The next regular meeting of the City Council was scheduled for Monday, March 4, 1996, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. JIM POTT , MAYOR PAMELA STQKER, CIT C ER