Loading...
HomeMy WebLinkAbout06 MINUTES 02-18-97 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA FEBRUARY 3, 1997 NO. 6 2-18-97 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Worley at 7:02 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Mayor Pro Tem Thomas. INvOcATION The Invocation was given by Rev. Mark Woolfington, First Advent christian Church. ROLL CALL Council Present: Tracy Wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem Council Absent: city Clerk: Others Present: Mike Doyle Jim Potts Thomas R. Saltarelli None Pamela Stoker William A. Huston, City Manager Lois Jeffrey, City Attorney George Jeffries, City Treasurer Elizabeth Binsack, Director of Com. Development Steve Foster, Acting 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 Rita Westfield, Asst. Dir./Com. Development Valerie Crabill, chief Deputy City Clerk Rick Zimmer, Redevelopment Program Manager Dan Fox, Senior Planner Paula Rankin, Associate Planner Martin Pastucha, Field Services Manager Approximately 10 in the audience PUBLIC INPUT - None PUBLIC HEARINGS (ITEMS i THROUGH 1. SECTION 33433 APPROVAL FOR TUSTIN FAMILY AND YOUTH CENTER LEASES AT 14722 NEWPORT AVENUE Rick zimmer, Redevelopment Program Manager, reported that California Redevelopment Law required that prior to the Redevelopment Agency entering into a lease or sale of property, a Public Hearing must be conducted and Council approval of the property sale or lease was necessary. He stated that the Law required the Agency make available to the public the cost of the property sale or lease and the estimated value to the Agency. He said Council was required to make additional findings including: the proposed leases were not less than the fair reuse value; the proposed leases would assist in elimination of blight; and the CITY COUNCIL MINUTES Page 2, 2-3-97 action would be consistent with the Implementation Plan for the South Central Project Area. Councilmember Saltarelli commented on the cost to the Agency; ~he long-term lease; and questioned what services the Tustin Fa and Youth Center tenants, the Orange Children and Par~ Together, Inc. and the Chil~ren.s Bureau of Southern California, Would be providing to the community. William Huston, City Manager s this r ' . . . , tated that the Agency entered into ,P oject anticipating programs, currently unavailable in the area that Would benefit and meet the needs of the community; and this project was a unique redevelopment transaction because it substantially subsidized the tenants due to the service they would provide in the area. Mike Henley, Director of Commun' . agencies Would be .... ~. lty Services, explained Youth Center- ~A _~z~¥~lng services at th~ ' r_ ~ha~ three · ~'~= u~y s community Servic~ ~L-~st~ Family and on recreation and leisure r ~o ~=par~ment Would focus ~a~eQts Together, Ins a~ ~gr~f_ the Orange Chil r · · · ~ ~ d en ~a~l~ornla would ..... ~ . .~ ~ll~ren.s B~=,~ ~ - and vocational on~ort,,~?~_ child care, selfishly__u~ ~uthern For ~~ ~ _ u~u~es through ~ .... ~z~uvemen~, and Pres~~~3n~ Youth CoalitiOn ~%~~,~le~of. Tustin Acts . ~on ~rants. ' ~ n~nY Star~ and Family The following member of the audience spoke regarding the Head Start program which had been operating in the City for the past five years; 68 children from Tustin were involved in the program; the Parents as Teachers program; and 33 percent of Head Start budget must be in-kind donations: Sue Ko, Orange Children and Parents Together Council/speaker discussion followed regarding the day-to-day operation at the Center; a Head Start waiting list for the Center had been established; and the Center would be targeting at-risk youth. Mayor Worley opened the Public Hearing at 7:16 p.m. There ere no speakers on the subject and the Public Hearing was closed~ It was moved by Doyle seconded b Thomas Resolution No. 97-8 approving leases for' to adopt the following a portion of the Tustin Family and Youth Center located at 14722 Newport Avenue to the Orange Children and Par. ents Together, Inc. and the Children.s Bureau of SOuthern California: RESOLUTION NO. 97-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PROPOSED LEASES BETWEEN THE TUSTIN COMMUNITY REDEVELOPMENT.AGENCY AND ORANGE CHILDREN AND PARENTS TOGETHER, INC. AND CHILDREN S BUREAU OF SOUTHERN CALIFORNIA . ~otion carried 5-0. CITY COUNCIL MINUTES Page 3, 2-3-97 CODE ]%MENDMENT 96-004, COMPREHENSIVE AMENDMENTS TO THE CITY'S SUBDIVISION CODE (ORDINANCE NO. 1177) Dan Fox, Senior Planner, reported theCalifornia State Subdivision Map Act allowed each municipality to develop their own local ordinance to regulate and control the processing of subdivisions. The city's ordinance had not been comprehensively updated since the early 1980s and a number of changes to State law required the proposed amendments. He stated the proposed amendments were consistent with the latest provisions of the Subdivision Map Act and included the Planning Commission acting as the recommending body on tentative tract and parcel maps; Council considering final parcel and tract maps without a Public Hearing; and he noted other provisions in the ordinance were consistent with the General Plan. Council/staff discussion followed regarding the application submittal process required a mailing list of property owners within 300 feet of the proposed development; staff verified mailing lists as accurate and current; a majority of title companies guaranteed mailing lists; lot line adjustments; developer fees; school impact fees; interim classroom facilities; and Council had the ability to refuse school district requests dependent upon evidence of potential impacts. Mayor Worley opened the Public Hearing at 7:35 p.m. The following members of the audience spoke in favor of Code Amendment 96-004, Comprehensive Amendments to the City's Subdivision Code (Ordinance No. 1177); and supported future Planning Commission approval authority of tentative tract maps: Mike LeBlanc, The Irvine Company Robert Odle, Building Industry Association of Orange County There were no other.speakers on the subject and the Public Hearing was closed at 7:38 p.m. It was moved by Potts, seconded by Thomas, to adopt the following Resolution No. 97-4 approving the Environmental Determination for the project;.and haVe first reading by title only and ~ntroduction of the following Ordinance No. 1177: RESOLUTION NO. 97-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR COMPREHENSIVE AMENDMENTS TO THE CITY'S SUBDIVISION ORDINANCE INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ORDINANCE NO. 1177 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING COMPREHENSIVE AMENDMENTS TO ARTICLE 9, CHAPTER 3, SUBDIVISIONS, OF THE TUSTIN CITY CODE Motion carried 5-0. The city Clerk read Ordinance No. !177 by title only. CITY COUNCIL MINUTES Page 4, 2-3-97 ( ITEMS 3 THROUGH 13 ) Councilmember Potts announced he would abstain from voting on Item No. 3, Approval of Minutes, January 20, 1997 Regular Meeting, due to his absence from that meeting. It was moved b Thomas seconded b Do le, to approve the Consent Calendar as recommended by staff. ~otion carried 5-0. APPROVAL OF MINUTES - JANUARY 20, 1997 REGULAR MEETING ~ouncil concurred to approve the City Council Minutes of January 20, 1997. · 0 · · APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL ~ecommendation: Approve Demands in the amount of $222,161.60 and ratify Payroll in the amount of $539,393.50. AWARD OF CONTRACT FOR WALNUT AVENUE REHABILITATION PROJECT BETWEEN NEWPORT AVENUE AND RED HILL AVENUE, COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING 1996-97 FY (PROJECT NO. 700152) Recommendation: Award' contract · for the Walnut Avenue Rehabilitation Project between Newport Avenue and Red Hill Avenue (Project No. 700152) to R.J. Noble Company, Orange, California, in the amount of $128,867.64 as recommended by the Public Works Department/Engineering'Division. RESOLUTION NO. 97-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR STREET IMPROVEMENTS FOR EDINGER AVENUE WIDENING FROM 2500'± WESTERLY OF JAMBOREE ROAD TO HARVARD AVENUE (PROJECT NO. 700127) ~ecommendatio~: Adopt Resolution No. 97-3 accepting said work as complete, 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. PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF REPLACEMENT OF DETERIORATING AND UNDERSIZED WATER MAINS (PROJECT NO..600138) Recommendation: Authorize the Mayor and City Clerk, subject to final City Attorney approval, to execute subject agreement with Daniel Boyle Engineering, Inc. for engineering services for the design~of the replacement water mains as recommended by the Public Works Department/Water Services Division. PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF REPLACEMENT OF DETERIORATING AND UNDERSIZED WATER MAINS (PROJECT NO. 600137) Recommendation: Authorize the Mayor and City Clerk, subject to final City Attorney approval, to execute subject agreement with SA Associates for engineering services for the design of the replacement water mains as recommended by the Public Works Department/Water Services Division. CITY COUNCIL MINUTES Page 5, 2-3-97 · RESOLUTION NO. 97-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 15316 (TRACT NOS. 15373, 15374, 15375 AND 15316) Recommendation: Adopt Resolution No. 97-6 approving Final Tract Map No. 15316 as recommended by the Community Development Department. 10. PLANNING COMMISSION ACTION AGENDA - JANUARY 27, 1997 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 January 27, 1997. 11. EXECUTION OF NATURAL COMMUNITIES CONSERVATION PLANNING (NCCP) IMPLEMENTATION AGREEMENT Recommendation: Authorize the City Manager, on behalf of the City of Tustin, to become signatory to the Implementation Agreement of the NCCP/HCP as a Participating Local Government as recommended by the Community Development Department. 12. RESOLUTION NO. 97-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE ASSISTANT CITY MANAGER AND/OR THE DIRECTOR OF COMMUNITY DEVELOPMENT AS PERSONS AUTHORIZED ON BEHALF OF THE CITY TO REVIEW AND EXECUTE CEQA AND NEPA DOCUMENTS Recommendation: Adopt Resolution No. 97-9 designating the Assistant City Manager and/or the Director of Community Development as persons authorized on behalf of the City to review and execute CEQA and NEPA documents as recommended by the City Attorney. 13. RESOLUTION NO. 97-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CITY MANAGER AND/OR THE ASSISTANT CITY MANAGER AS PERSONS AUTHORIZED ON BEHALF OF THE CITY TO MAKE OFFERS TO ACQUIRE REAL PROPERTY 'AND TO EXECUTE PURCHASE AGREEMENTS FOR REAL PROPERTY Recommendation: Adopt Resolution No. 97-10 designating the City Manager and/or Assistant City Manager as persons authorized on behalf of the City to make offers to acquire real Property and to execute purchase agreements for real property as recommended by the City Attorney. REGULAR BUSINESS (ITEMS 14 THROUGH 17) 14. QUARTERLY INVESTMENT REPORT It was moved by Thomas, seconded by Doyle, to receive and file subject report as recommended by the City Treasurer. Motion carried 5-0. 15. TUSTIN BOYS AND GIRLS CLUB Councilmember Potts reported that staff was recommending appropriating $20,000 from Community Development Block Grant funds for necessary repairs to the Tustin Boys and Girls Club; noted CITY COUNCIL MINUTES Page 6, 2-3-97 16. Fountain Valley's new Boys and Girls Club; requested staff research methods used by other cities to fund Boys and Girls Clubs; and develOping a long term solution for assisting the Boys and Girls Club by possibly using Community Development Block Grant, Redevelopment, or private sector funds. The following member of the audience thanked the City for their past support of the Tustin Boys and Girls Club; supported a long term approach for funding assistance; said the Club had expanded to several sites in the past two years; commented on the excellent communication between the City and the Boys and Girls Club; noted the significance of working in partnership with the City for .future funding consideration; and stated the importance of providing a structurally safe facility: Cliff Polston, Tustin Boys and Girls Club Director PROPOSED ORDINANCE TO CONFIRM THE VOTERS' WISHES TO LIMIT CITY COUNCIL TERMS OF OFFICE TO TWO (2) FULL CONSECUTIVE TERMS Councilmember Saltarelli stated that Section 3(b)(4). "This Ordinance shall not be amended or repealed by the City'Council without the approval' of the electors of the City of Tustin,,, had not been incorporated in the original ordinance passed by the voters in 1994, and he opposed its inclusion in the proposed ordinance. He said that any future amendments to this ordinance would require conducting an election at substantial cost to the City; and he supported the proposed ordinance excluding 3(b) (4). Mayor Pro Tem Thomas stated his support of the proposed ordinance without inclusion of 3(b) (4); Council was compelled to support the ordinance originally voted upon by the people; noted the original ordinance was found to be void by the legislature; and stated concern that any amendments or updates could not be made without a vote of the people. Councilmember Potts clarified the cost to the City if an election was necessary for an ordinance amendment; Tustin was the first agency to pass a term limit ordinance; the City Attorney had not rendered an opinion regarding 3(b)(4); Senator Ross Johnson,.s office had been contacted for an opinion on the proposed ordinance; proposed amendments to the term limit ordinance should be voted on 'by the people; and he supported the proposed ordinance. Council/staff discussion followed reqarding that 3(b)(4) had not been included in the original ordinance passed by the people; and approval of Senator Johnson,s bill would become State law and automatically amend the City's ordinance. C°uncilmember Doyle stated that the people had voted in support of a term limit ordinance and until State law superseded the City's ordinance, no changes should occur to the ordinance without voter approval. CITY COUNCIL MINUTES Page 7, 2-3-97 Council discussion followed that the issue was not term limits but whether Council could amend the proposed ordinance; and if an ordinance was approved by the people, an election should be the only way it could be amended. The following member of the audience spoke regarding that State law superseded local.law; a request for a verbal opinion on the subject was made to Senator Johnson's office; Senate Bill 2 required a vote of the people after legislation was enacted; and a legal written opinion had been requested from the California Legislative Council: Berklee Maughan, Tustin Council/staff discussion fOllowed regarding that it was unclear whether the legislature, had considered this issue and the necessity of a ruling on this matter by ~the legislature. It was moved by Saltarelli, seconded by Thomas, to introduce the following Ordinance No. 1175, as modified to exclude Section 3(b) (4): ORDINANCE NO. 1175 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE VOTERS' WISHES EXPRESSED ON NOVEMBER 8, 1994, TO LIMIT CONSECUTIVE TERMS OF MEMBERS OF THE CITY COUNCIL Council/staff discussion followed regarding the extensive community~ involvement in developing the original ordinance; decisions ~affecting Council should be decided by a vote of the people; ordinance language modifications could be implemented; State law would automatically supersede the existing ordinance; Council had not been notified of pending legislation sponsored by Tustin citizens; and it was Council's responsibility to act in the best interest of residents. Mayor Worley stated that she supported term limits; opposed inhibiting future Councils by approval of the proposed ordinance with 3(b)(4); the proposed section had not been included in the ~ original measure voted on by the people; opposed inclusion of section 3(b)(4) in the proposed ordinance; serious problems could occur if Councils were not allowed to amend ordinances; and she supported the proposed ordinance excluding Section 3(b)(4). Council/staff discussion followed regarding the State legislature rendering an opinion on this matter; the people had initiated the term limit ordinance to be placed on the ballot; the term limit ordinance should only be changed by a vote of the people; Councils should be restricted from voting on issues that could directly benefit them; obtaining an opinion from Senator Johnson on the issue; and clarifying that term limits had been approved by the voters and that was not the issue before Council. Motion carried 3-2, Doyle, Potts opposed. CITY COUNCIL MINUTES Page 8, 2-3-97 17. It was moved b Potts seconded b Do le, to have first reading by title only and introduction of Ordinance No. 1175. Motion failed 2-3_, Worley, Thomas, Saltarelli opposed. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM 1997-98 FUNDING YEAR Paula Rankin, Associate Planner, reported that in November 1996, the Department of Housing and. Urban Development (HUD) informed the City that for 1997/98 funding year, Tustin would receive $722,000 through the Community Development Block Grant Program (CDBG). She said that in December 1996, staff initiated the process for allocating the funds to public service organizations and City departments; approximately 70 application packets were distributed; completed funding requests received exceeded the amount of available funds; and an in-house Staff Review Committee evaluated and ranked the funding requests using specific criteria including the Consolidated Plan, a five-year planning document establishing community need levels for CDBG eligible activities. She stated that when determining funding priorities three restrictions must be followed: at least 70% of a jUrisdiction,s annual grant must be used to benefit low and moderate income persons, a community cannot focus solely on projects in slum and blighted areas; Federal law stated that no more than 15% of the total grant award may be used for public service programs and activities; and limiting the amount of funds spent on administrative activities to a maximum of 20% of the grant award. She said staff was recommending Council review the funding priorities and explained that Federal regulations required jurisdictions to conduct two public hearings on the matter. Council comments and concerns would be forwarded to the ad hoc Citizens Participation Committee who will make a recommendation to Council on ranking of funding applications. Council/staff discussion followed regarding the importance of funding the MCAS Tustin Valencia/Armstrong Final Engineering Design; the demand for CDBG project funding; funding priorities were flexible; recommended maximum allocation for public service projects; formulating a rating system; allocating mOre funding for the~ Boys and Girls Club; funding of discretionary projects; administrative costs; the proposed funding priorities were acceptable; Council must communicate their funding priorities; examining long term funding strategies; the City was mandated to provide Fair Housing services; and staff also reviewed funding requests made by agencies in partnership with the City such as the Feedback Foundation and Orange Children and Parents Together. PUBLIC INPUT - None OT~RR BUSINESS/COMMITTEE REPORTS TUSTIN UNIFIED SCHOOL DISTRICT BOUNDARY COMMITTEE Councilmember Saltarelli reported that he was a member of the Tustin Unified School District Boundary Committee, noted the CITY COUNCIL MINUTES Page 9, 2-3-97 projected increase in enrollment over the next five years with fixed amount of facilities, and encouraged residents to attend meetings and provide input prior to the Committee's recommendation to the Board of Education. NOTIFICATION OF REQUESTED LEGISLATION/LEGISLATIVE OPINION Mayor Pro Tem Thomas requested that the City forward a letter to Senator Ross Johnson asking that the Council be notified whenever a Tustin citizens group requested legislation or legislative opinions. MAYORS' CONFERENCE Mayor Worley reported on her attendance at the Mayors' Conference in Washington D.C., their meetings with President Clinton and Vice President Gore, the Mayor's role in the community, and the importance of the trip due to on-going MCAS Base Closure issues. FUND RAISING EVENT HELD AT MCAS BLIMP HANGER Mayor Worley reported on her attendance at a fund raising event held at one of the blimp hangers on MCAS, Tustin, and the creative transformation that occurred with the historic structure. CLOSED SESSION Mayor Worley announced that the City Council would convene in closed session to confer with the City Attorney regarding: (1) the initiation of litigation pursuant to Government Code Section 54956.9(c); (2) pending litigation, Tina Woolston vs. City of Tustin; (3) the terms and conditions of proposed real property acquisitions at 14111 South "C" Street, Tustin (Jeffrey Field, Mrs. S. Field); 14111 Newport Avenue, Tustin (James Powell); and 14112 South "C" Street, Tustin .(A. Prosser, S. Sampson); and (4) 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/Management Unit. ADJO~NT Mayor Worley adjourned the-meeting at 8:43 p.m. The City Council scheduled a joint meeting with the Audit Committee on Tuesday, February 18, 1997, at 5:30 p.m. in the Community Center; and the next regular meeting of the City Council was scheduled for Tuesday, February 18, 1997, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. TRACY WILLS WORLEY, MAYOR PAMELA STOKER, CITY CLERK