Loading...
HomeMy WebLinkAbout02 MINUTES 03-17-97 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MARCH 3v 1997 NO. 2 3-17-97 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Worley at 7:04 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Doyle. INVOCATION The Invocation was given by Rev. Reese Riley, St. Paul's Episcopal Church. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Tracy Wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem 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 Martin Pastucha, Field Services Manager Valerie Crabill, Chief Deputy city Clerk Gary Veeh, Water Services Manager Joe Meyers, Administrative Assistant Approximately 10 in the audience PRESENTATION TUSTIN PRIDE ANNUAL REPORT See page 2. PUBLIC INPUT - None REGULAR BUSINESS ( ITEMS 16) (Agenda order) 16. TUSTIN COMMUNITY FOUNDATION QUARTERLY REPORT MayOr Worley moved this item out of agenda order to accommodate speakers on the subject. Jim McDonald, Tustin Community Foundation President, introduced Board Members; thanked Council for their trust and confidence in the Foundation; introduced Bob Kiley, the new Foundation Executive Director; noted that the Foundation had been successful achieving CITY COUNCIL MINUTES Page 2, 3-3-97 its first major contribution goal with the opening of the Tustin Family and Youth Center's Computer Learning Center; and he thanked the volunteers, business community, residents, and staff for their support in making the Center a reality. Bob Kiley, Executive Director, reported on the success of the Foundation's November 15, 1996 fund raising breakfast for the Computer Learning Center; explained the Foundation's strategic plan and the importance of working in partnership with the community; and stated that the Foundation's goal was to become a million dollar foundation by 2001. Mayor Pro Tem Thomas and Mayor Worley commended the Foundation Board Members for their successful efforts in raising funds for the Tustin Family and Youth Center Computer Learning Center. PRESENTATION (Agenda order) TUSTIN PRIDE ANNUAL REPORT Ken Royal, Past Chair of Tustin Pride Committee, reported on programs held by Tustin Pride including the holiday display awards program; Christmas tree recycling; landscape recognition awards; Angels in Tustin; San Juan wall paint-out; Briarcliff neighborhood landscaping; abandoned shopping carts; introduced next year's leadership; thanked Carol Bone for providing outstanding Tustin Pride publicity; and thanked staff and the Police Department for attending the Tustin Pride meetings. PUBLIC wRa~ING - None CONSENT CAT.RNDAR ( ITEMS I THROUGH 11 ) Councilmember Potts announced he would abstain from voting on Item No. 2, Approval of Minutes, February 18, 1997 Regular Meeting, due to his absence from that meeting. It was moved by Potts, seconded by Thomas, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. le PLANNING COMMISSION ACTION AGENDA - FEBRUARY 24, 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 February 24, 1997. APPROVAL OF MINUTES - FEBRUARY 18, 1997 REGULAR MEETING Council concurred to approve the City Council Minutes of February 18, 1997. APPROVAL 'OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $620,256.34 and ratify Payroll in the amount of $347,322.68. CITY COUNCIL MINUTES Page 3, 3-3-97 · 0 ® · · 10. AUTHORIZATION FOR ASSIGNMENT OF CONSULTANT SERVICES AGREEMENT, PREPARATION OF A BUSINESS AND DEVELOPMENT PLAN FOR MCAS TUSTIN Recommendation: Authorize the City Manager to execute an assignment of the Consultant Services Agreement with Sedway Kotin Mouchly Group to KMG Consulting as recommended by the Assistant City Manager. RESOLUTION NO. 97-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA USED OIL RECYCLING BLOCK GRANT PROGRAM TO OPERATE A USED OIL RECYCLING PROGRAM Recommendation: Adopt Resolution No. 97-14 approving an application for State grant funds in the amount of $21,000.00 annually for a three year period to maintain and manage a used oil recycling program and authorize the use of Great Western Reclamation to manage the program as recommended by the Public Works Department. RESOLUTION NO. 97-13 - A RESOLUTION 'OF'THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN REPLACEMENT ON SANTA CLARA AVENUE AT SR-55 FREEWAY (CITY PROJECT NO. 600127) AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 97-13 approving plans and specifications and authorizing advertisement for bids for subject project as recommended by the Public Works Department/Water Division. RESOLUTION NO. 97-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REVERSING THE PLANNING COMMISSION'S DECISION AND DENYING, WITHOUT PREJUDICE, CONDITIONAL USE PERMIT 97-37 AND DESIGN REVIEW 96-51, A REQUEST TO ESTABLISH A PARKING LOT ON A VACANT 50' BY 314' PORTION OF AN ABANDONED RAILROAD RIGHT-OF-WAY LOCATED TO THE NORTH OF THE PLAZALAFAYETTE SHOPPING CENTER AT 13031 NEWPORT AVENUE AND TO THE WEST OF THE WOOD CREST APARTMENTS AT 12901-12943 NEWPORT AVENUE Recommendation: Adopt Resolution No. 97-16 reversing the Planning Commission's decision and denying, without prejudice, Conditional Use Permit 97-37 and Design Review 96-51 as recommended by the Community Development Department. EXTENSION OF EMERGENCY AMBULANCE SERVICE CONTRACT Recommendation: Authorize extension of the ambulance service contract with Doctor's Ambulance Service for one hundred and eighty (180) days as recommended by the City Manager. TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING Recommendation: Authorize the City Manager to execute the Memorandum of Understanding with the Tustin Municipal Employees Association agreeing to grant salary increases to non-sworn, non- management employees of 2.5% effective January 3, 1997; 3% effective January 2, 1998; and increases in health and welfare program as recommended by Personnel Services. RESOLUTION NO. 97-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO THE COMPENSATION OF CONFIDENTIAL EMPLOYEES CITY COUNCIL MINUTES Page 4, 3-3-97 Recommendation: Adopt Resolution No. 97-17 granting salary increases to confidential employees of 2.5% effective January 3, 1997; 3% effective January 2, 1998; and increases in health and welfare program as recommended by Personnel Services. 11. AUTHORIZATION FOR CONSULTANT SERVICES FOR PREPARATION OF A UTILITY FEASIBILITY ANALYSIS FOR MCAS TUSTIN Recommendation: (1) Authorize the City Manager to execute a Consultant Services Agreement with Resource Management International (RMI), Inc. for preparation of a Utility Feasibility Study; and (2) Appropriate $58,500.00 in General Fund reserves to be reimbursed by State Trade and Commerce Agency Defense Adjustment Grant Funds approved for use by the City of Tustin as recommended by the Community Redevelopment Agency. REGULAR BUSINESS ( ITENB 12 THROUGH 16 ) 12. ORDINANCE NO. 1178, CONTROLLED SUBSTANCE/ALCOHOL TESTING FOR TAXICAB SERVICE PROVIDERS It was moved by Thomas, seconded by Potts, to have second reading by title only of Ordinance No. 1178. Motion carried 5-0. Following second reading by title only of Ordinance No. 1178 by the City Clerk, Council concurred to adopt the following Ordinance No. 1178: ORDINANCE NO. 1178 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 3412 AND 3415 OF THE TUSTIN CITY CODE REGARDING THE LICENSING AND OPERATION OF TAXICAB SERVICES Motion carried 5-0 (roll call vote). 13. ORDINANCE NO. '1179, ZONE CHANGE 96-002 (SANDERSON J. RAY DEVELOPMENT) It was moved by Thomas, seconded by Saltarelli, that Ordinance No. 1179 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1179 by the City Clerk, Council concurred to adopt the following Ordinance No. 1179: ORDINANCE NO. 1179 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 96-002 AMENDING SUBSECTION 4 OF SECTION 3.7.3.C OF THE EAST TUSTIN SPECIFIC PLAN RELATED TO SETBACK STANDARDS IN THE NEIGHBORHOOD COMMERCIAL DISTRICT FOR SINGLE-STORY DEVELOPMENTS Motion carried 5-0 (roll call vote). 14. MID-YEAR BUDGET REVIEW Ronald Nault, Director.of Finance, summarized the Mid-Year Budget including the beginning General Fund balance; audited revenues and CITY COUNCIL MINUTES Page 5, 3-3-97 expenses; and noted reduction in estimated property taxes and staff's continued monitoring of property tax appeals at the County Assessor's office. Council/staff discussion followed regarding the factors and difficulty of budgeting property tax revenue; property tax appeal process; assessed valuation process; the loss of two months of .assessed valuation due to the change of the property assessment date for fiscal year 97/98; the impact of cable television industry's appeal on supplemental tax distributions; future dependency on property tax revenue would be minimal; projected sales tax growth; approximately 50% of operating revenues were received from sales tax; the City was in the County top four in sales tax revenue per capita; the third largest area of revenue for the City was motor vehicle in-lieu fees; bond refinancing; and the transfer of General Fund surplus reserves occurred only after the 15% reserve policy had been reached. William Huston, City Manager, presented slides summarizing the Mid-Year Budget including the beginning balance for the General Fund was higher than projected based on audited carryovers of revenue and expense savings;· ending General Fund balance was within the required threshold at 15.3% of expenses; General Fund transfers to the Capital' and Liability Funds; current fiscal year had a balanced budget; Capital Projects Fund - CIP; Capital Projects Fund - Reserved; Water Enterprise Operations and Capital Projects funds; and he stated that a report detailing a possible water rate increase would be presented to Council at the end of the year. Council/staff discussion followed regarding~transfers from the Water Fund to the Liability Fund to cover actual or projected losses. William Huston reviewed the major sources of City revenue including property tax and sales tax; General Fund expenditures revealed City Departments were approximately 3% under the authorized budget; recurring and non-recurring revenue and expenses; increase in population affecting future service needs; the Capital Projects and Water Enterprise budget; the draft 97/98 budget; stated that Proposition 218 would affect the Tustin Landscape and Lighting District; and the necessity to plan for Capital Funds and projected large projects in the future. Councilmember Potts stated that future needs for the City included redeveloping areas in the City, youth programming, constructing highWay overpasses, expanding the Tustin Branch library, constructing a larger post office, redeveloping the Marine base, a joint effort with the school district to build an olympic-size swimming pool, and the necessity for more senior housing. Mayor Pro Tem Thomas said that he supported a Council workshop in order to prioritize future projects for budget purposes; endorsed examining the Tustin branch library expansion funded by a possible bond issue; and favored investigating federal housing programs although he stated he was hesitant to accept money from the CITY COUNCIL MINUTES Page 6, 3-3-97 15. federal government. Mayor Worley noted that she was a member of the County Library Advisory Board; supported a joint effort with the school district, Learning Village, and colleges to construct a new library on the Marine base using federal monies; supported an aquatics center on the base; supported continued redevelopment of the southwest area; and she also recommended a Council workshop to determine future City needs. Councilmember Saltarelli said a new/expanded library should be a joint project between the school district and City; was hopeful that a future bond issue would include construction of library facilities; and stressed the importance of residents supporting that bond issue. It was moved by Potts, seconded by Saltarelli, to increase the General Fund transfer to the Liability Fund by an additional $500,000 to replenish reserves for future claims; transfer $900,000 from the Unappropriated Fund balance of the General Fund to the Capital Projects Fund; and increase the transfer from the Water Operations Fund to the Water Capital Improvement Fund by an additional $2,247,032 to fund identified capital projects. Motion carried 5-0. PROPOSED TERM LIMITS ORDINANCE Mayor Worley requested that Council reconsider adding language that would state the Council's intent that the term limits ordinance not be amended or repealed except by a vote of the people. She said the Legislative Counsel's opinion stated that special legislation ~allowing Council to implement the Tustin voters' wishes on term limits should be interpreted as precluding an amendment or repeal of the ordinance except by a vote of the people. Lois Jeffrey, City Attorney, stated at the time the term limits ordinance was introduced, she believed the law was unclear regarding whether it was necessary to amend or repeal the ordinance by a vote of the people. She said Senator Ross Johnson had obtained a Legislative Counsel opinion that the term limits ordinance should be interpreted as requiring a vote of the people to amend or repeal the ordinance and that it was appropriate to add the language to the term limits ordinance. It was moved by Thomas, seconded by Potts, to have first reading by title only of Ordinance No. 1180. Motion carried 5-0. Following first reading by title only of Ordinance No. 1180 by the City Clerk, it was moved by Thomas, seconded by Potts, to introduce the following Ordinance No. 1180: ORDINANCE NO. 1180 - 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 MINUTES Page 7, 3-3-97 CITY COUNCIL Motion carried 5-0. 16. TUSTIN COMMUNITY FOUNDATION QUARTERLY REPORT See page 1. PUBLIC INPUT TUSTIN CULTURAL ARTS THEATER Michelle Fujimoto, 1771 Blueberry Way, Tustin, and Eligia Nicolai, 7341 E. Saddlehorn Way, Orange, requested Council consider the need for a'Cultural Arts facility in Tustin. Council/staff/speakers discussion followed regarding planning a cultural arts center at the Marine Base; a proposed 17-acre park in East Tustin was planned to accommodate a cultural facility; no funds had been set aside for that project; public/private partnerships would be beneficial to planning a cultural arts facility; involving the Tustin Community Foundation in. planning a facility; the current tenant's lease on the proposed park land was due to expire in the near future; staff would forward a report to Council regarding the park property and farming the grapefruit trees; and the subject property was owned by the City. AGENDA ITEMS NO. 12 AND 15/DEADLINE FOR CHANGE OF PARTY AFFILIATION Ray Mills, 17285 McFadden, requested explanation of Council action on Items No. 12 and 15; and stated those wishing to run for public office had until March 7, 1997, to change their party affiliation. Mayor Worley stated that Item No. 12, Ordinance No. 1178, Controlled Substance/Alcohol Testing for Taxicab Service ProviderS, had first reading by title only and introduction. Lois Jeffrey, City Attorney, responded that Item No. 15, Proposed Term Limits, was an ordinance implementing term- limits for Councilmembers and language was added that the ordinance could not be amended or repealed unless voted upon by the people. OTHER BUSINESS/COMMITTEE REPORTS BUS SERVICE Councilmember Doyle requested staff cOntact the Orange .County Transit Authority to increase the bus service at Browning Avenue/I-5 Freeway to Old Town. AGENDIZE ADDITIONAL EQUIPMENT - POLICE councilmember Potts requested staff submit a report in two weeks outlining a plan to equip each Police patrol unit with AR-15 weapons and flack vests/jackets. CITY COUNCIL MINUTES Page 8, 3-3-97 TUSTIN UNIFIED SCHOOL DISTRICT BOUNDARY CHANGES/ENROLLMENT Councilmember Saltarelli reported a recommendation by the Boundary Committee on elementary school boundarychanges had been submitted to the Board of Education; noted the large population of Tustin students who do not reside in Tustin; stated the Tustin Unified School District was hiring staff to check addresses on school registrations; Tustin Effective Apartment Managers had offered to assist the school district with address verification; and City/school district partnership must continue with strong code enforcement efforts. Mayor Worley commended the Tustin Unified School Board for the public hearing noticing process on boundary changes; and commended the Boundary Committee for successful completion of a study that would impact the entire community. JOINT MEETING - SCHOOL DISTRICT Councilmember Saltarelli requested a date be set for a joint Council/school board meeting. POLICE ENFORCEMENT - ILLEGAL IMMIGRANTS Mayor Pro Tem Thomas requested staff investigate studies conducted by the Cities of Anaheim and Orange to implement a program allowing police officers to detain illegal immigrants arrested for Immigration and Naturalization Service authorities. ORANGE COUNTY INVESTMENT POOL Mayor Pro Tem Thomas reported that the Orange County Investment Pool had received an AAA rating. ORANGE COUNTY LIBRARY ADVISORY BOARD Mayor Worley reported she was serving on the Orange County Library Advisory' Board and needed a Councilmember to serve as an alternate. ORANGE COUNTY FIRE AUTHORITY Mayor Worley reported that as an Orange County Fire Authority Board Member she would be participating in a ri~e-along; and the · Board was spending considerable time and effort on the proposed plan for the Orange County Fire Authority to assume ambulance service responsibilities. GRAND OPENING - TUSTIN FAMILY AND YOUTH CENTER Mayor Worley announced the grand opening for the Tustin Family and Youth Center would be held On March 8, 1997. CITY COUNCIL MINUTES. Page 9, 3-3'97 COMMUNITY SERVICE VOLUNTEERS Mayor Worley commended the citizens who were preparing local sports fields. PETERS CANYON REGIONAL PARK Mayor Worley encouraged everyone to visit Peters Canyon Regional Park and commented on the excellent trails. TUSTIN SCHOOLS FOUNDATION MATCHING FUND DRIVE Mayor Worley reported the Tustin Schools Foundation matching fund drive celebration would be held at the Marconi Museum. EAST TUSTIN EQUESTRIAN TRAILS Councilmember Potts reported the East Tustin equestrian trails were overgrown with weeds and requested staff contact the County for abatement. CLOSED SESSION Mayor Worley announced that the City Council would convene in closed session to meet with the city Attorney regarding: (1) a matter of pending litigation to which the City was a party, Rexford Dean Day vs. City of Tustin, WCAB No. ANA 0272000, ANA 0277585; (2) whether or not to initiate litigation, one case, Government Code Section 54956.9(c); and to meet with the City's negotiator, William A. Huston, regarding labor negotiations involving unrepresented management employees. ADJOURNMENT Mayor Worley adjourned the meeting at 9:00 p.m. The next regular meeting of the City Council was scheduled for Monday, March 17, 1997, at 7:00 p.m. in the CounCil Chambers at 300 Centennial Way. TRACY WILLS WORLEY, MAYOR PAMELA STOKER, CITY CLERK