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HomeMy WebLinkAboutCC MINUTES 1996 02 05MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA FEBRUARY 51 1996 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Potts at 7:00 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 Pastor L.C. Card, Colonial Bible Church. 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 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 Elizabeth Binsack, Director of Com. Development Rita Westfield, Asst. Dir./Com. Development Rick Zimmer, Redevelopment Program Manager Dave Gottlieb, Redevelopment Project Manager Approximately 30 in the audience PUBLIC INPUT INCREASED SECURITY/FUNDING ASSISTANCE - TUSTIN HIGH SCHOOL Cindy Katz, 1083 Walnut Street, Tustin (submitted a copy of a petition that had been forwarded to the Tustin Unified School District), commented on the recent murder of Thien Minh Ly on the Tustin High School campus and requested Council assist in providing increased lighting, police patrols, and joint funding effort with the Tustin Unified School District (TUSD) to maintain the recreational facilities at the High School. Mayor Potts responded that police patrols would be increased in the area and pledged City support, including possible joint funding with TUSD, to renovate the basketball and tennis courts; and he requested adjourning the meeting in memory of Thien Minh Ly. PUBLIC HEARING - None CONSENT CALENDAR (ITEMS 1 THROUGH 13) It was moved by Saltarelli seconded by Thomas, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - JANUARY 15, 1996 REGULAR MEETING Recommendation: Approve City Council Minutes of January 15, 1996. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,869,213.16 and ratify Payroll in the amount of $770,397.15. 380-10 360-82 3. PLANNING COMMISSION ACTION AGENDA - JANUARY 22, 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 January 22, 1996. 120-50 CITY COUNCIL MINUTES Page 2, 2-5-96 4. COURT LIAISON AGREEMENT - CALIFORNIA HIGHWAY PATROL Recommendation: Authorize the Chief of Police to execute subject agreement allowing the Tustin Police Department to contractually perform Court Liaison duties for the California Highway Patrol as recommended by the Police Department. 400-75 S. CULTURAL RESOURCES ADVISORY COMMITTEE VACANCY Recommendation: Direct staff to advertise to fill a vacancy on the Cultural Resources Advisory Committee as recommended by the Community Development Department. 120-20 6. LEASE AGREEMENT - REPLACEMENT OF PHOTOCOPIER EQUIPMENT Recommendation: Authorize the City Manager to execute a 60 month lease agreement with Image IV Systems, Inc. for two (2) photocopiers and related maintenance contracts; and declare two (2) photocopiers (Pitney Bowes D964 and Mita 1605) surplus and authorize staff to initiate appropriate disposal as recommended by the City Clerk and Finance Departments. 400-10 7. REJECTION OF CLAIM NO. 95-37 - CLAIMANT, HARRY F. SMITH Recommendation: Reject subject claim and direct the City Clerk to give proper notice of the rejection to the claimant and the claimant's attorney as recommended by the City Attorney. 180-10 S. REJECTION OF CLAIM NO. 95-46 - CLAIMANT, EL ENCANTO APARTMENTS Recommendation: Reject subject claim and direct the City Clerk to give proper notice of the rejection to the claimant and the claimant's attorney as recommended by the City Attorney. 180-10 9. RESOLUTION NO. 96-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESTRUCTION OF CERTAIN RECORDS Recommendation: Adopt Resolution No. 96-13 allowing for destruction of applications and testing materials for recruitments which have been closed for over two years as recommended by Personnel Services. 170-40 10. RESOLUTION NO. 96-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 95-5 Recommendation: Adopt Resolution No. 96-14 approving Lot Line Adjustment No. 95-5 as recommended by the Public Works Department/Engineering Division. 600-35 11. RESOLUTION NO. 96-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 95-6 Recommendation: Adopt Resolution No. 96-15 approving Lot Line Adjustment No. 95-6 as recommended by the Public Works Department/Engineering Division. 600-35 12. CONSOLIDATED ANNUAL FINANCIAL REPORT AS OF JUNE 30, 1995 Recommendation: Receive and file subject report as recommended by the Finance Department. 300-85 13. RESOLUTION NO. 96-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE PINETREE PARK PARKING BAY IMPROVEMENTS, SOUTHSIDE OF BRYAN AVENUE ADJACENT TO PINETREE PARK BETWEEN UTT DRIVE AND RED HILL AVENUE (PROJECT NO. 700136) Recommendation: Adopt Resolution No: 96-16 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 REGULAR BUSINESS (ITEMS 14 THROUGH 22) 14. 1995 ANNUAL REPORT OF TUSTIN PRIDE COMMITTEE Lou Bone, Immediate Past Chair of the Tustin Pride Committee, reported on the Pride Committee's history, mission statement, and CITY COUNCIL MINUTES Page 3, 2-5-96 thanked Council for their support. He summarized 1995 Committee accomplishments including: an anti -graffiti poster contest; holiday decorations/lights awards; 1000 sand bags made for residents use during the rainy season; reduced the number of snipe signs in the City; developed garage sale and graffiti removal information sheets; created the Tustin Pride brochure; developed an educational program on stray and abandoned shopping carts; assisted in Nisson/Browning property renovation; acquired Tustin �• Community Foundation assistance to process donations; helped with tree planting on E1 Camino Real in front of Tustin High School freeway sound wall; planted landscaping on Pasadena Avenue, and I- 5/SR-55 freeways; published a monthly column in the Tustin News; provided information to Tustin Homeowner Associations; conducted an open house at the Tustin Area Senior Center; collected over 1000 Christmas trees for recycling; and he introduced the 1996 Pride Committee Board. Mayor Potts thanked the Tustin Pride Committee for their work in the community, and welcomed new chairperson, Ken Royal. 120-30 15. AMENDMENT TO PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRACT, MILITARY BUY BACK OPTION It was moved by Doyle, seconded by Thomas, to adopt the following Resolution No. 96-12 amending the contract with PERS to provide the Military Buy Back Option for all miscellaneous employees as previously approved by the City Council on January 31, 1995 in the Memorandum of Understanding with the Tustin Municipal Employees Association: RESOLUTION 110. 96-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, INTENDING TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC """" EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TUSTIN Motion carried 5-0. It was moved by Worley, seconded by Saltarelli, that Ordinance No. 1162 have fl-rst reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1162 by the City Clerk, it was moved by Saltarelli seconded by Doyle, that the following Ordinance No. 1162 be introduced: ORDINANCE NO. 1162 - 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 Motion carried 5-0. 400-75 16. CITY OF ANAHEIM IMMIGRATION AND NATURALIZATION SERVICE IDENTIFICATION PILOT PROJECT Mayor Potts stated that the City of Anaheim was the lead agency on the Immigration and Naturalization Service Identification (INS) Pilot project and commended Anaheim Councilmember Bob Zemel for initiating the program. It was moved by Potts, seconded by Thomas, to adopt the following Resolution No. 96-17: RESOLUTION NO. 96-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING THE PROPOSED CITY OF ANAHEIM IMMIGRATION AND NATURALIZATION SERVICE IDENTIFICATION PILOT PROJECT Council comments followed regarding the City of Tustin's past problems with Mexican nationals with criminal records and requested INS financial assistance; City of Anaheim arrest statistics and costs involving illegal aliens; and the pilot project presented an immigration screening process for arrestees. CITY COUNCIL MINUTES Page 4, 2-5-96 17. 18. Motion carried 5-0. PARKS AND RECREATION COMMISSION APPOINTMENT 150-10 City Council cast their votes for the following Parks and Recreation Commission candidates: Terri Neal and Ken Royal. Votes were cast as follows for one vacancy: Potts: Neal Worley: Neal Doyle: Royal Saltarelli: Royal Thomas: Royal Ken Royal (3 votes) was appointed to the Parks and Recreation Commission. Mayor Potts noted that he did not vote for Ken Royal because he believed chairing the Tustin Pride Committee in addition to assuming Parks and Recreation Commission duties would put an excessive burden on Mr. Royal. 120-40 CREATION OF CITY TREASURER POSITION Ronald Nault, Director of Finance, reported that the Audit Committee reviewed the concept of creating a separate Treasurer position to be appointed by and report directly to Council; and the Committee recommended creation of the City Treasurer position and appointment of George Jeffries as City Treasurer. It was moved by Doyle, seconded by Saltarelli, to adopt the following Resolution No. 96-19 creating a new classification titled City Treasurer; and adopt the following Resolution No. -96- 20 appointing George Jeffries as City Treasurer: RESOLUTION NO. 96-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN RESOLUTION NO. 96-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPOINTING GEORGE JEFFRIES AS CITY TREASURER 315-05 Motion carried 5-0. Councilmember Thomas stated that George Jeffries was one of the most esteemed treasurers in the country; Mr. Jeffries had guided Los Angeles County through difficult times; and stated his pleasure at hiring Mr. Jeffries as the City's new Treasurer. 19. 800 MEGAHERTZ (MHz) POLICE COMMUNICATIONS SYSTEM William Huston, City Manager, reported that the City Attorney had prepared an addendum to the 800 MHz Joint Agreement containing Conditions of Acceptance based upon a consensus of cities involved in the system. He stated the changes clarified the role of the 800 MHz Oversight Committee and the operating costs the County of Orange would charge cities in the system for maintaining the support systems. He explained that the City had deposited money in a County administered account for the 800 MHz system and that because of the bankruptcy, some of those funds would be lost; the City's payment options; and the public works component of the system. Councilmember Saltarelli noted his attendance at a recent Fire Authority meeting and the difficulty members had in reaching agreement on the 800 MHz system because of agreement terminology and Oversight Committee involvement; the importance of signing the agreement or the Federal Communication Commission (FCC) would withdraw channel availability; and after approval of the 800 MHz system, the agreement could be modified, if necessary. William Huston, City Manager, stated that the addendum to the agreement provided protection for the City regarding costs; CITY COUNCIL MINUTES Page 5, 2-5-96 various cities' agreements with the County would be different due to their individual addendums; and because of the FCC deadline, it was important to approve the proposed agreement. Council/staff discussion followed regarding the approximate 25 percent loss cities would incur of 800 MHz trust fund deposits made to the County; the benefits of the 800 MHz system to police, fire, and public works agencies; the bankruptcy judge's ruling on the trust fund monies; 800 MHz monies appearing on the County schedule; and staff to fax the addendum to involved cities. It was moved by Thomas, seconded by Worley, to approve the Joint Agreement for implementation and operation of the 800 MHz system and an addendum with conditions of acceptance; and fax the addendum to the cities involved in the system. Motion carried 5-0. 20. INVESTMENT REPORT AS OF DECEMBER 31, 1995 Councilmember Thomas complimented staff for implementing changes in the investment report. It was moved by Thomas seconded by Saltarelli, to receive and file subject report. Motion carried 5-0. 355-50 21. CARL CLAES MEMORIAL PLAQUE Mayor Potts requested that this item be referred to the Parks and Recreation Commission for policy discussion and possible placement - of the memorial plaque at the Civic Center wishing well. Council discussion followed regarding a memorial area recognizing resident children and Tustin Police Officers who had passed away; tree plantir.g in memory of an individual; setting a precedent; and the Parks and Recreation Commission establishing a policy on this matter. 900-45 22. PROTECTED/PERMISSIVE LEFT -TURN PHASING AT SIGNALIZED INTERSECTIONS Tim Serlet, Director of Public Works, explained that the objective of the design of traffic control devices was to minimize delay and maximize safety by analyzing volumes, speed, intersection geometrics, and the type of drivers that would be utilizing the intersection. He stated that in 1994, the Orange County Traffic Engineering Council conducted a study of agencies using protected/permissive left -turn phasing revealing that the use of protected/permissive left -turn phasing significantly reduced overall intersection vehicle delays; however, increased left -turn accidents. He said that the City's past experience with installation of this type of phasing and accident increase led to the current policy of not installing protected/permissive left - turn phasing signals. Council/staff discussion followed regarding the definition of protected/permissive left -turn phasing; City of Irvine's removal of some protected left -turn signals; vehicle delay and pollution created by protected/permissive left -turn signals; and turning left on a red arrow during green light phasing after yielding to traffic. The following member of the audience spoke in favor of eliminating left -turn arrows at certain intersections: Dr. Chris Wills, 11622 Vista Mar, Santa Ana Council/staff/speaker discussion followed regarding removal of the protected/permissive signals at certain intersections on a trial basis; accident study of cities that removed protected/permissive signals from intersections; City of Irvine's removal of protected/permissive signals at locations that were not warranted when signals were originally installed; Tustin's high number of CITY COUNCIL MINUTES Page 6, 2-5-96 signals per capita; removal of left -turn arrows during off-peak hours and from low traffic volume intersections; modifying signals from protected to permissive during off-peak traffic hours; cost of traffic signal modification per intersection; analyzing intersections on a case-by-case basis; signal phasing of the La Colina/Newport Avenue signal; City of Irvine's traffic signal control system; encouraged the public reporting excessive delays at intersections in the City; public's request for adding left - turn arrows. at certain intersections; Mayoral letter to be forwarded to State Assembly and League of Cities requesting that cities discLss turning left on red arrow; anticipated increased traffic with future construction build -out of Tustin Ranch and Lower Peters Canyon; and citizen complaints regarding the need for a traffic signal at St. Jeanne de Lestonnac School and Main Street. Council concurred to review specific intersections for possible elimination of left -turn arrows. 760-62 PUBLIC INPUT - None OTHER BUSINESS/COMMITTEE REPORTS TUSTIN HIGH SCHOOL CLASS OF 1960 REUNION Councilmember Doyle requested residents contact him if interested in volunteering for the 1960 Tustin High School Class reunion. TUSTIN BOYS AND GIRLS CLUB ROLLER HOCKEY FUNDING Councilmember Thomas requested the Parks and Recreation Commission agendize a request from -the Boys and Girls Club for roller hockey funding. MARCONI AUTO MUSEUM Mayor Pro Tem Worley reported on an interesting visit to the Marconi Auto Museum in Tustin. TEMPORARY SITE - TAFFY Mayor Pro Tem Worley reported that TAFFY had located a temporary site until completion of the Youth Center. LARWIN SQUARE/SUPPORT LOCAL BUSINESSES Mayor Potts reported on the opening of several new businesses in Larwin Squame; requested the City Manager contact the Breadsmith Co. regarding outdoor seating; and encouraged residents to support local businesses. TUSTIN HIGH SCHOOL BASKETBALL COURTS Mayor Potts requested agendizing renovation of the basketball courts at Tustin High School, including increased lighting and joint funding effort with the Tustin Unified School District. CLOSED SESSION Mayor Potts announced that 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; 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. CITY COUNCIL MINUTES Page 7, 2-5-96 AWOURNMENT Mayor Potts adjourned the meeting at 8:21 p.m. in memory of Thien Minh Ly. The next regular meeting of the City Council was scheduled for Tuesday, February 20, 1996, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. :'^ PAME A STOKER, CLERK &'� I I)A JIM PO S, MAVOM