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HomeMy WebLinkAboutCC MINUTES 1995 05 01MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MAY 11 1995 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Potts at 7:06 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Mayor Pro Tem Worley. The Invocation was given by Councilmember Saltarelli. ,rte•, 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 Wynn: (absent) Others Present: William A. Huston, City Manager Lois Jeffrey, Interim City Attorney Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Susan Jones, Recreation Superintendent Valerie Crabill, Chief Deputy City Clerk Dana Kasdan, Engineering Services Manager Rick Zimmer, Redevelopment Program Manager Bettie Correa, Senior Personnel Analyst Approximately 15 in the audience PROCLAMATION P"" NATIONAL HISTORIC PRESERVATION WEEK, MAY 14-20 Mayor Potts read and presented a proclamation to Jeff Thompson, Cultural Resources Advisory Committee, recognizing National Historic Preservation,Week, May 14-20. Jeff Thompson thanked Council for the proclamation and stated the Cultural Resources Advisory Committee was eager to continue implementing the preservation process in Old Town. Mayor Potts noted that the Esplanade Trail, used in the past for traveling to the packing houses, may be extended through the City which would provide a location to install a plaque showcasing Tustin's history. PUBLIC INPUT - None PUBLIC HEARING — None CONSENT CALENDAR (ITEMS 1 THROUGH 13) Items No. 7 and 11 were removed from the Consent Calendar by Councilmembers Saltarelli and Thomas. It was moved by Doyle, seconded by Thomas, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 1. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,434,005.56 and ratify Payroll in the amount of $310,355.34. 380-10 360-82 2. TUSTIN AREA YOUTH ISSUES COMMITTEE MEMBERS - EXPIRED TERMS Recommendation: Direct staff to advertise for applications for Tustin Area Youth Issues Committee as recommended by Community Services Department. 125-85 3. APPROVAL OF MINUTES - APRIL 17, 1995 REGULAR MEETING Recommendation: Approve City Council Minutes of April 17, 1995. 4. RESOLUTION NO. 95-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING CERTAIN FEES AND SERVICE CHARGES FOR THE DEPARTMENTS OF LEGISLATION, ADMINISTRATION, CITY COUNCIL MINUTES Page 2, 5-1-95 COMMUNITY DEVELOPMENT, PUBLIC WORKS, POLICE, AND COMMUNITY SERVICES Recommendation: Adopt Resolution No. 95-43 modifying certain fees and service charges as recommended by the Finance Department. 390-50 S. RESOLUTION NO. 95-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE 1995- 96 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Recommendation: Adopt Resolution No. 95-47 ordering the preparation of an Engineer's Report for the levy of annual assessments for the 19.95-96 fiscal year for the Tustin Landscape and Lighting District as recommended by the Public Works Department/Engineering Division. Coi�T 6. EXECUTION OF QUITCLAIM DEED OF A PORTION OF PUBLIC SIDEWALK EASEMENT TO THE MCDONALDIS CORPORATION OVER LOT 1 OF TRACT NO. 14610 (BRYAN AVENUE AT TUSTIN RANCH ROAD) Recommendation: Authorize the execution of a quitclaim deed of a portion of public sidewalk easement to the McDonald's Corporation over Lot 1 of Tract No. 14610 (Bryan Avenue at Tustin Ranch Road) by the Mayor and City Clerk, and authorize the City Clerk to submit the executed quitclaim to the Orange County Recorder's office for recordation as recommended by the Public Works Department/Engineering Division. 490-70 S. COOPERATIVE PURCHASING AGREEMENT FOR FUELS Recommendation: Authorize the City to utilize the Orange County Cooperative Purchasing Agreement for fuels as recommended by the Public Works Department. 380-65 9. CONTRACT RENEWAL FOR ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM Recommendation: Renew the contract for the Asphalt Concrete Pavement Repair Program with All American Asphalt in the amount of $202,698.60 for the period May 1, 1995 through June 30, 1996. Extension of this contract is for the original contract price of $199,900.00 with an increase for the current Cost of Living Index of 1.4% as recommended by the Public Works Department/Field Services Division. 400-45 10. AUTHORIZATION TO SOLICIT BIDS FOR UNIFORM RENTAL AND LAUNDRY Recommendation: Authorize staff to solicit bids for a new uniform rental and laundry service contract as recommended by the Public Works Department/Field Services Division. 400-10 12. HUD CONSOLIDATED PLAN Recommendation: Adopt the Consolidated Plan authorizing its submittal to the U.S. Department of Housing and Urban Development for review and approval as recommended by the Community Development Department. 640-05 13. PLANNING COMMISSION ACTION AGENDA - APRIL 24, 1995 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 April 24, 1995. 120-50 CONSENT CALENDAR ITEM NO. 7 - TRAFFIC SIGNAL MODIFICATION AT IRVINE BOULEVARD/PROSPECT AVENUE Councilmember Saltarelli asked what future action would be taken at this intersection to mitigate traffic delays. Tim Serlet, Public Works Director, reported that a traffic study conducted at the subject location revealed traffic conditions did not meet the minimum criteria for installation of left -turn phasing in the north/south direction. He said the study indicated that intersection efficiency could be enhanced by restriping the westbound right -turn lane on Irvine Boulevard to an additional third westbound through lane. He stated this would increase delay slightly for westbound right -turning traffic, but would significantly reduce delay for all other vehicles. He said staff would continue to monitor the intersection. CITY COUNCIL MINUTES Page 3, 5-1-95 It was moved by Saltarelli, seconded by Thomas, to defer implementation of subject project to a future fiscal year and direct staff to monitor the location and return the project for Council consideration when traffic conditions indicate that modification of subject traffic signal was appropriate. Motion carried 5-0. 760-65 CONSENT CALENDAR ITEM NO. 11 - RENEWAL OF CONTRACT FOR TREE TRIMMING SERVICES Councilmember Thomas stated he had received complaints from the Laurelwood Homeowners Association regarding pepper trees uprooting and the homeowners association had questioned why the arborists had not been in their neighborhood for over two years. Tim Serlet, Public Works Director, responded that the arborists were responsible for trimming over 5,000 trees per year, trees were trimmed on a three-year rotating basis, and stated he would inspect the trees in Laurelwood. Council/staff discussion followed regarding staff and residents commending West Coast Arborist for their job performance. It was moved by Thomas, seconded by Worley, to renew the contract for tree trimming services with West Coast Arborists in the amount of $198,666.00 as provided for in Section A, Article VII of the Agreement for Contract Tree Trimming. Motion carried 5-0. REGULAR BUSINESS (ITEMS 14 THROUGH 22) 400-10 14. COMPREHENSIVE SETTLEMENT AGREEMENT REGARDING ORANGE COUNTY INVESTMENT POOL Lois Jeffrey, Interim City Attorney, reported at a previous meeting, Council had approved the Comprehensive Settlement Agreement regarding the Orange County Investment Pool and selected payment Option B. She explained that Options A and B provided the City with 75 to 76 percent cash distribution of the interest funds remaining on deposit with the County Treasurer. She said that under Option A, the County promised its best effort to deliver recovery notes to be exchanged for cash on or before June 5, 1995, giving the City an additional 3 to 4 cents on the dollar; a settlement from Merrill Lynch would be secured that provided the City with approximately 9 cents on the dollar; promised to back the remaining 11 cents on the dollar with repayment claims; and the City would assign all legal rights against third parties to the County. She said under Option B, the City could pursue recovery of its 24 to 25 percent loss with other Option B participants through separate lawsuits against the County or Merrill Lynch. Council/staff discussion followed that a sales tax increase did not guarantee cities would receive funding; and switching to Option A because of the minimal amount the City had in the Investment Pool. It was moved by Saltarelli, seconded by Potts, to change from Option B to Option A. Councilmember Thomas stated his opposition to Option A because the City would lose approximately $34,000 of interest income; if the sales tax measure was not passed, the County did not have resources to pay the remaining 11 cents owed to the City; questioned the County's promise of "good faith" in paying remaining funds owed to agencies; the City should maintain the option to litigate offered in Option B; the County must communicate their back-up plan to the agencies involved in the bankruptcy if Measure R failed at the polls; and he was working in conjunction with other agencies and public officials to devise an alternate County repayment plan. CITY COUNCIL MINUTES Page 4, 5-1-95 15. Mayor Pro Tem Worley stated she supported Option A because of the minimal amount of City money deposited with the County;.and the City would automatically be a claimant against the County as part of Option A. Mayor Potts noted the County's GNP and the unlikely occurrence of defaulting on bonds; stated his displeasure with the County's failure to sell assets, restructure their system, reduce the number of employees, and conduct a nationwide search to replace outgoing executive positions; and stated he supported Option A. Councilmember Saltarelli stated that 90 percent of the agencies involved in the bankruptcy had selected Option A; Option B would require additional expenditures from agencies and claims would be unsecured; indicated that there would be a substantial settlement with Merrill Lynch; encouraged Councilmember Thomas' efforts in formulating an alternative solution; and he was opposed to a bankruptcy lawsuit and spending the required fees. Councilmember Doyle stated that Option B provided the opportunity to sue the County if necessary and he wanted that option available to the City. Council discussion followed regarding the pros and cons of Option A and Option B. Motion carried 3-2, Doyle, Thomas opposed. ORANGE COUNTY BANKRUPTCY STATUS 400-70 William Huston, City Manager, reported that a joint powers agreement regarding implementation of the 800 megahertz system would be agendized at the May 15, 1995 Council meeting; the -- repayment process for the system was on hold until the County's Investment Pool bankruptcy case was resolved; and potential changes/restructuring of County services. 16. UPDATE ON MCAS EL TORO REUSE EFFORTS 150-20 Christine Shingleton, Assistant City Manager, reported in 1993 the County created the El Toro Reuse Planning Authority (ETRPA); however, in December 1994, the County withdrew from the Authority and created its own planning authority without giving the Cities of Irvine and Lake Forest voting authority. She stated the Cities of Irvine and Lake Forest have threatened to sue the County over their decision to exclude them and have continued ETRPA as a functioning planning authority with the hope that the County would eventually support or participate in that process again. ETRPA had been expanded to include all south County cities except San Juan Capistrano, Laguna Beach, and San Clemente. She said that the two MCAS El Toro reuse planning efforts were currently underway and participation in both efforts could involve a significant commitment of staff time and resources, and she requested Council direction to determine whether the City should participate in the County's planning authority, ETRPA, both, or neither of these efforts. Councilmember Thomas noted that participation in both planning authorities would be extremely time consuming; suggested staff attend the meetings rather than a Councilmember to maintain a neutral political position; and Council review meeting status reports. Council/staff discussion followed regarding lack of City decision- making role in the new planning authority; Federal Government involvement in the reuse plan; staff involvement should be kept to a minimum; building a transportation center at the location; and Councilmember Thomas would remain.as the Council representative. It was moved by Saltarelli, seconded by Thomas, to approve staff attendance at Marine Corps Air Station, E1 Toro Reuse meetings. Motion carried 5-0. 150-40 CITY COUNCIL MINUTES Page 5, 5-1-95 17. STINGER SPIRE SYSTEM Mayor Potts stated that police pursuits could cause injuries and potential litigation. He said in order to alleviate this problem, the Police Department could use a device known as the Stinger Spike System which caused tires of a suspect vehicle to deflate. He noted that many police agencies were currently using the system with success. Council discussion followed regarding specific agencies that utilized the system. Douglas Franks, Chief of Police, stated the Stinger Spike System would be effective if enough time was available for police officers to place the system in the roadway, the pursuit was during a time with minimal traffic, and the pursuit was proceeding on an extended roadway. It was moved by Saltarelli, seconded by Thomas, to appropriate $1,000 to purchase two Stinger Spike System devices. Motion carried 5-0. 270-05 18. TERM EXPIRATIONS/VACANCIES - PLANNING COMMISSION, PARKS AND RECREATION COMMISSION, AUDIT COMMITTEE, AND WATER CORPORATION BOARD It was moved by Potts, seconded by Thomas, to authorize advertising for Planning Commission, Parks and Recreation Commission, Audit Committee, and Water Corporation Board vacancies. Motion carried 5-0. 120-10 120-40 120-50 19. ANNUAL UPDATE OF TUSTIN PRIDE 120-70 Ken Royal, Tustin Pride Committee, summarized accomplishments of the Tustin Pride Committee during the past year including: completion of a report explaining how to combat graffiti; sponsorship of a Graffiti Poster contest for Tustin elementary schools; a Graffiti Removal Information Sheet; awarded homes with the best holiday light presentations; worked with Cal Trans to improve landscaping on the on/off ramps along the I-5 freeway; worked with Cal Trans to sell the abandoned property at Nisson and Browning; sponsored Christmas tree recycling; devised Adopt -A -Park Program; designed a Garage Sale Information Sheet; and fielded a survey to residents through the City's Tustin Today magazine. Mayor Potts noted Tustin Pride was going to hold a membership drive; noted the many problems Tustin Pride was undertaking; commended the group on fighting blight in the City; encouraged resident involvement; and stated the committee should avidly publicize Tustin Pride meeting dates. 120-30 20. FEDERAL COMMUNICATIONS COMMISSION SOCIAL CONTRACT WITH CONTINENTAL CABLEVISION, INC. The following member of the audience explained that the social contract between the Federal Communications Commission (FCC) and Continental Cablevision created an alternative form of cable regulation; a social contract would prevent cable rate litigation; the contract, if approved by the FCC, would not be effective until summer 1995; the Cable Act allowed two cable rate levels; customer complaints filed with the FCC regarding cable service costs and the minimal amount of complaints against Continental Cable; resolution of complaints by Continental Cable; and she requested City endorsement of the social contract: Cheryl Smith, Continental Cablevision Council concurred to send a Mayoral letter in support of the FCC social contract with Continental Cablevision. CITY COUNCIL MINUTES Page 6, 5-1-95 Council/staff/speaker discussion followed regarding the number of cable companies serving Tustin; the lack of local programming on Cox Cable; upcoming cable upgrades by Continental; and local nroarammina could be negotiated upon cable contract renewals. 400-10 21. AMENDMENT TO CONTRACT WITH PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) It was moved by Doyle, seconded by Thomas, to adopt the following Resolution No. 95-46 amending the contract with the Public Employees Retirement System; approve Agreement between the Board of Administration of the Public Employees Retirement System and the City Council of the City of Tustin authorizing the release of 1959 Survivor Benefit Assets and Liabilities; and have first reading by title only and introduction of the following Ordinance No. 1151: RESOLUTION NO. 95-46 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, 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 ORDINANCE NO. 1151 - 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 The Chief Deputy City Clerk read Ordinance No. 1151 by title only. Motion carried 5-0. 22. LOWER PETERS CANYON SPECIFIC PLAN 400-75 Christine Shingleton, Assistant City Manager, reported on April 4, 1995, the County Planning Commission approved a number of discretionary actions requested by The Irvine Company for the Lower Peters Canyon project including a General Plan Amendment, Zone Change, Specific Plan, Site Development Permit for the regional retail site, and the Environmental Impact Report. She noted several issues between The Irvine Company and the City that required resolution: the Lower Peters Canyon Specific Plan required the landowner to provide a fair share contribution to development of a commuter rail station in the City, and the City and The Irvine Company had agreed upon language to be recommended to the County; The Irvine Company agreed to amend the East Tustin Specific Plan agreement prohibiting hotel/motel uses on their properties, if the property was sold the City had requested the Specific Plan identify that hotel/motel uses would not be permitted until after July 1, 2005, and a minor clarification in the Specific Plan would ensure there would be no misunderstandings in the future and provide notice to any potential developers of the agreement; the proposed Community Park relocation would cause increased demand upon City parks and The Irvine Company's representation that their proposed special use district with the agriculture headquarters development would relieve that demand; and commercial uses identified in the Specific Plan at I-5 freeway southtoIrvine Boulevard. Mayor Potts stressed the importance of clarifying the commuter rail and hotel/motel issues in the Specific Plan; the importance of a hotel for the City; mitigation of E1 Camino Real traffic; and he commended The Irvine Company for responding to City concerns. Councilmember Saltarelli cooperation in reaching industrial complex would active sports parks; and facility. remarked on The Irvine Company's agreement with the City; noted the be upscale; stated the City needed more was pleased with the proposed library Councilmember Thomas thanked The Irvine Company for working with the City to solve the issues in the Specific Plan; requested CITY COUNCIL MINUTES Page 7, 5-1-95 including area residents in the planning/design process for all developments; and he commented that the commuter rail station would ultimately benefit the City of Irvine. Mayor Pro Tem Worley said she had worked with The Irvine Company regarding the Lower Peters Canyon Specific Plan and was comfortable with the proposed mitigation measures. She stated she wanted the community park to be larger than proposed, and believed the final project would be a welcome addition to the community. Mayor Potts clarified that the project area was located between Jamboree Road and Culver Drive; wished the project had lower density; and was satisfied with the Specific Plan. William Huston, City Manager, indicated staff would attend the County Board of Supervisors' meeting and endorse Council's support of the Specific Plan. It was moved by Thomas, seconded by Worley, to endorse staff recommendations with changes agreed to by The Irvine Company. Motion carried 5-0. PUBLIC INPUT - None OTHER BUSINESS SR -55 RAMP CLOSURE Councilmember Doyle reported the northbound SR -55 Irvine Boulevard off -ramp would be closed for 30 days; and stated Cal Trans would forward to the City Manager all future ramp closure notices for distribution. MAY 15, 1995 COUNCIL MEETING ABSENCE Councilmember Thomas reported he would be absent from the May 15, 1995 Council meeting due to a business commitment. AGENDIZE COUNCIL POSITION - MEASURE R Councilmember Thomas requested agendizing at the June 5, 1995 meeting the Council's position on Measure R, proposed sales tax increase. AGENDIZE TUSTIN RANCH TOWN HALL MEETING Councilmember Thomas requested agendizing at the June 5, 1995 Council meeting a date for a Tustin Ranch Town Hall meeting. AGENDIZE COUNCIL GOAL SETTING WORKSHOP Councilmember Thomas requested agendizing a date for a Council goal setting workshop. FINANCIAL MANAGERS/INVESTMENT CONSULTANTS Councilmember Thomas requested the City Attorney render an opinion on the legality of cities authorizing treasurers to hire outside financial managers or investment management consultants. Lois Jeffrey, Interim City Attorney, requested clarification that Council wanted a formal opinion on this matter. Council concurred that the City Attorney's office would submit a staff report regarding the legality of hiring outside financial managers or investment management consultants. OPPOSED BARTERING WITH COUNTY OF ORANGE Councilmember Thomas voiced opposition to bartering with the County of Orange to exchange assets for debt non-payment. CITY COUNCIL MINUTES Page 8, 5-1-95 FIRE AUTHORITY UPDATE Councilmember Saltarelli reported that the Fire Authority was progressing well and tours could be arranged for interested Councilmembers. CITY ATTORNEY PROPOSALS Councilmember Saltarelli requested staff provide further analysis on City Attorney proposals to differentiate between costs for special services and retainer fees. VOLUNTEER CONNECTION DAY Mayor Pro Tem Worley noted successful Volunteer Connection Day activities. YOUTH ISSUES COMMITTEE/TAFFY Mayor Pro Tem Worley reported the idea of combining the Youth Issues Committee with Taffy was being explored. APPOINTED CITY TREASURER Mayor Potts requested agendizing discussion of an appointed City Treasurer position. SIGN ORDINANCE UPDATE Mayor Potts noted the City's sign ordinance was in the process of being revised to add a 5 -day removal clause and "snipe" sign language, but he opposed inclusion of regulations for private property. ARBOR DAY Mayor Potts requested that the City consider participating in Arbor Day activities. WORKSHOP - EAST TUSTIN SPECIFIC PLAN AMENDMENT Mayor Potts suggested an informal workshop for residents be held prior to the East Tustin Specific Plan Amendment public hearing; and requested staff notify the East Tustin homeowner associations of the workshop. CHAMBER PODIUM TIMING LIGHTS/3-MINUTE LIMIT Mayor Potts requested that the Chamber podium timing lights be raised to increase visibility for Council, and noted that speakers at the East Tustin Specific Plan Amendment public hearing would be limited to 3 minutes. SOUTHWEST AREA Mayor Potts noted the positive response received from private companies willing to expend their funds in the Southwest area. CLOSED SESSION Mayor Potts announced that the City Council would convene in, closed session to confer with the City Attorney regarding matters of anticipated litigation, i.e., claims of (1) Raymond Yatuni, (2) Epic Associates, (3) Tina Woolston, and (4) Parvane Kaveh, and the initiation of litigation by the City pursuant to Government Code Section 54956.9(c), one (1) potential case. The claims could be reviewed in the City Clerk's office. ADJOURNMENT Mayor Potts adjourned the meeting at 9:02 p.m. The next regular meeting of the City Council was scheduled for Monday, May 15, 1995, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. CITY COUNCIL MINUTES Page 9, 5-1-95 FOLLOWING CLOSED SESSION STATEMENT It was moved and seconded to reject the claims of Epic Associates, Tina Woolston, and Parvane Kaveh and direct the City Clerk to give notice. Motion carried 5-0. ,.,It was moved and seconded to join an amicus brief in support of the City fof Glendale in Loder vs. City of Glendale, a case before the California Supreme Court involving pre-employment drug testing. Motion carried 4-1, Thomas opposed. A� JIM TS", MAYOR R E. WYNN, CIT' CLERK 0