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
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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