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Home My WebLink AboutCC MINUTES 1995 01 03MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JANUARY 3, 1995 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:04 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Worley. The Invocation was given by Mayor Pro Tem Potts. ROLL CALL Council Present: Thomas R. Saltarelli, Mayor Jim Potts, Mayor Pro Tem Mike Doyle Jeffery M. Thomas Tracy A. Worley 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 Robert Ruhl, Field Services Manager Susan Jones, Recreation Superintendent Valerie Crabill, Chief Deputy City Clerk Rita Westfield, Asst. Dir./Com. Development Dana Kasdan, Engineering Services Manager Gary Veeh, Water Operations Manager Rick Zimmer, Redevelopment Program Manager Dan Fox, Senior Planner Randy Westrick, Recreation Supervisor Scott Reekstin, Assistant Planner Katie Pitcher, Administrative Assistant Approximately 25 in the audience PUBLIC INPUT APPEAL - VARIANCE 94-011 (DONALD LEJEUNE) The following members of the audience requested appeal of Variance 94-011 on the Planning Commission Action Agenda: Jeff Thompson, 415 W. Sixth Street, Tustin (submitted letter) Bill Collins, 430 W. Main Street, Tustin (submitted petition) Christine Shingleton, Assistant City Manager, stated an appeal had not been filed prior to the deadline and the Planning Commission's action on Variance 94-011 was final unless appealed by Council. CONSENT CALENDAR ITEM NO. 4 - PLANNING COMMISSION ACTION AGENDA - DECEMBER 12, 1994 (Agenda Order) Mayor Saltarelli moved Consent Calendar Item No. 4 out of agenda order. Councilmember Doyle stated his desire to listen to concerned speakers on Variance No. 94-011. Lois Jeffrey, Interim City Attorney, explained that if Council wished to appeal Variance No. 94-011, the matter should be continued to allow adequate time to notice the subject for a public hearing. It was moved by Thomas, seconded by Doyle, to appeal Variance No. 94-011 and continue the item for a public hearing at the January 16, 1995 Council meeting. William Huston, City Manager, stated that because of the public hearing publication timeline, the item should be continued to the February 6, 1995 Council meeting. CITY COUNCIL MINUTES Page 2, 1-3-95 As an amended motion, it was moved by Thomas seconded by Doyle, to continue this item to the February 6, 1995 Council meeting. Amended motion carried 5-0. It was moved by Thomas, seconded by Worley, to ratify the remainder of the Planning Commission Action Agenda of December 12, 1994. Motion carried 5-0. 120-50 PUBLIC HEARING (ITEM 1) 1. TENTATIVE PARCEL MAP NO. 94-149 (DONALD LEJEUNE) Mayor Saltarelli opened the public hearing at 7:20 p.m. There were no speakers on the subject. It was moved by Thomas, seconded by Doyle, to continue this item to the February 6, 1995 Council meeting. Motion carried 5-0. 600-45 CONSENT CALENDAR (ITEMS 2 THROUGH 9) Item No. 4 was removed from the Consent Calendar by Councilmember Thomas (see page 1). It was moved by Thomas, seconded by Worley, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,827,999.36 and ratify Payroll in the amount of $627,326.52. 380-10 360-82 — 3. APPROVAL OF MINUTES - DECEMBER 5, 1994 REGULAR MEETING AND DECEMBER 20, 1994 SPECIAL MEETING Recommendation: Approve the City Council Minutes of December 5, 1994 and December 20, 1994. 5. RESOLUTION NO. 95-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA USED OIL RECYCLING OPPORTUNITY GRANT PROGRAM TO DEVELOP AND MAINTAIN A USED OIL RECYCLING PROGRAM Recommendation: Adopt Resolution No. 95-3 authorizing the application for State grant funds to establish and maintain a used oil recycling program as recommended by the Public Works Department/Engineering Division. 660-05 6. RESOLUTION NO. 95-4 - 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 WATER MAIN REPLACEMENT FOR 17TH STREET AND BRENAN WAY, PROJECT NO. 600116 Recommendation: Adopt Resolution No. 95-4 accepting said work and authorizing the recordation of the Notice of Completion; and assuming no claims or stop payment notices are filed, authorize payment of 10% retention amount of the $12,571.50, thirty-five days after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Water Division. 400-45 7. RESOLUTION NO. 95-5 - 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 WATER MAIN REPLACEMENT PROJECTS, PROJECT NO. 600121 FOR PASADENA AVENUE, 2ND STREET, "A" STREET, COUNTRY LANE, SIERRA ALTA DRIVE, WINDSOR LANE AND RANCHVIEW DRIVE Recommendation: Adopt Resolution No. 95-5 accepting said work and authorizing the recordation of the Notice of Completion; and assuming no claims or stop payment notices are filed, authorize payment of the 10% retention amount of the $37,285.85, thirty-five days after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Water Division. 400-45 S. RESOLUTION NO. 95-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 94-5 CITY COUNCIL MINUTES Page 3, 1-3-95 Recommendation: Adopt Resolution No. 95-6 approving Lot Line Adjustment No. 94-5 as recommended by the Public Works Department/Engineering Division. 600-35 9. I-5/SR-55 FREEWAY CONSTRUCTION STATUS REPORT Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. 750-90 ro, REGULAR BUSINESS ( ITEMS 10 THROUGH 14 ) 10. ORDINANCE NO. 1144, ZONE CHANGE 94-005 (14042 RED HILL AVENUE) It was moved by Doyle, seconded by Worley, that Ordinance No. 1144 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1144 by the Chief Deputy City Clerk, it was moved by Thomas, seconded by Worley, to adopt the following Ordinance No. 1144: ORDINANCE NO. 1144 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 94-005, A REQUEST TO AUTHORIZE A ZONE CHANGE OF THE PROPERTY LOCATED AT 14042 RED HILL AVENUE FROM RETAIL COMMERCIAL (C-1) DISTRICT TO COMMERCIAL GENERAL (CG) DISTRICT Motion carried 5-0 (roll call vote). 11. BOYS AND GIRLS CLUB ROLLER HOCKEY PROPOSAL Mayor Saltarelli stated that at the December 5, 1994 Council meeting, a proposal was submitted from the Tustin Boys and Girls Club to operate a roller hockey program. The following member of the audience spoke regarding the estimated attendance for the roller hockey program and the anticipated success of the program: Cliff Polston, Tustin Boys and Girls Club It was moved by Potts, seconded by Thomas, to appropriate $10,515.00 for the Tustin Boys and Girls Club to operate a roller hockey program in the Club's gymnasium. Mayor Pro Tem Potts stated the Boys and Girls Club roller hockey program was geared toward younger children and he had requested that the school district agendize construction of a roller hockey facility at Columbus Tustin to accommodate adult and older youth participation. Councilmember Worley noted that the Boysand Girls Club had been discussing starting an adult roller hockey program and encouraged maximum usage of the Boys and Girls Club before a Columbus Tustin ball field was renovated for roller hockey. Motion carried 5-0. 12. YOUTH RECREATIONAL FACILITIES IN SOUTHWEST TUSTIN 1020-35 Christine Shingleton, Assistant City Manager, reported that the Parks and Recreation Commission and Youth Issues Committee examined site proposals for development of youth recreational facilities in the southwest area. She summarized their recommendations including: acquisition of the property located at 14722 Newport Avenue as a joint facility with Headstart and TAFFY programs; continuing negotiations with Tustin Hospital for use of property located at 1101 Sycamore Avenue; and staff monitoring the property at 15712 Tustin Village Way for future acquisition. It was moved by Potts, seconded by Worley, to (1) Proceed with all title and appraisal work for the property at 14722 Newport Avenue; (2) Notify real property interests at 14722 Newport Avenue of the City's intent to appraise subject property; (3) Upon completion of appraisal and title work for subject property, return to City Council for additional instructions; (4) Proceed with further CITY COUNCIL MINUTES Page 4, 1-3-95 13. 14. negotiations with Tustin Hospital regarding potential development of a portion of the vacant property at 1101 Sycamore Avenue for joint recreational facilities; and (5) Continue to monitor the possible availability of property at 15712 Tustin Village Way as a site to serve the needs of teenagers and troubled youth. Follow up on any interest shown by Caltrans in declaring adjacent property to the north as surplus. Motion carried 5-0. ORANGE COUNTY BANKRUPTCY STATUS 930-05 William Huston, City Manager, reported that the City was working in conjunction with other cities, the County of Orange, and the Creditor's Committee to receive a commitment from the County when frozen funds would be allocated; summarized the status of the nitrate plant and the uncertainty of water well funding; stated recent information indicated the County of Orange would be withholding property tax money and the impact to the City was estimated at $1.2 million, including funds withheld from Assessment District Nos. 85-1 and 86-2; noted fund reserves would cover bond payments due in March; bond refunding was questionable; the general fund had been impacted by approximately $282,000.00; loss of interest on that amount and from property tax revenue; and because of reserve funds, City services and operations should not be affected. Lois Jeffrey, Interim City Attorney, reported that the Cities of Costa Mesa and Huntington Beach had hired bankruptcy counsel and were prepared to seek relief of the stay of proceedings placed on the bankruptcy litigation. She stated the Creditor's Committee attorney requested cities and water districts delay seeking a relief of stay during Committee negotiations with the County because a decision regarding release of property tax monies should be made by December 6, 1994. She said that if the decision was unsatisfactory, agencies could then pursue legal action and a recommendation that Council authorize the City to join with other cities supporting a relief of stay would be agendized at the January 16, 1995 Council meeting. Council/staff discussion followed regarding the use of frozen Mello Roos District and Assessment District Nos. 85-1 and 86-2 funds for County cash flow purposes; the impact on Assessment District bond refinancing; bankruptcy judge authorizing release of frozen County funds; Tustin Ranch assessment bills; impact on the Tustin Unified School District; potential legal action against the County; County illegally holding the City's property tax money; property tax payment due dates to the City; potential recall movement of Board of Supervisors; Orange County cities achieving a consensus through the Creditor's Committee; forwarding a mayoral letter to Supervisor Marian Bergeson requesting the status of property tax, Mello Roos and Assessment District funding; contacting the school district regarding Mello Roos funds; and investigating if the City had written agreements with County Treasurer Citron. The following member of the audience spoke regarding the payment of City trash collection services through property taxes and the affect of the bankruptcy on the City's contract with Great Western Reclamation: Alex Carrassi, 14181 Yorba Street, Tustin Council/staff/speaker discussion followed regarding Great Western Reclamation contract payment procedures; estimated payment due Great Western Reclamation; restructuring California government; and collection of assessment payments. 150-20 AUTHORIZATION TO ENTER INTO NEGOTIATIONS FOR ADVERTISING BUS SHELTERS PROGRAM It was moved by Potts seconded by Doyle, to continue this item to the January 16, 1995 Council meeting. CITY COUNCIL MINUTES Page 5, 1-3-95 Motion carried 5-0. 690-35 PUBLIC INPUT 205-215 WEST FIRST STREET Irwin Gross, 125 N. 'B' Street, Tustin, requested a response from Council on the 60 page complaint he had filed with the City �,..., regarding various problems with the commercial building at 205-215 West First Street and expressed dissatisfaction with staff's handling of those problems. Mayor Saltarelli requested staff have an opportunity to respond to the complaint prior to Council action. OTHER BUSINESS .SANTA COP PROGRAM Councilmember Doyle commended City employees for participation in the Santa Cop program. LETTER TO STATE - REDEVELOPMENT LAW Mayor Pro Tem Potts requested the status of a letter to the State regarding changing redevelopment law to increase City flexibility in development. CITY CLERK Mayor Pro Tem Potts requested agendizing the status of the City Clerk at the January 16, 1995 Council meeting. CITY TREASURER Mayor Pro Tem Potts requested a report on the status of the elected or appointed City Treasurer position. MEDIAN ISLAND IRRIGATION - JAMBOREE ROAD Mayor Pro Tem Potts reported excessive median island watering on Jamboree Road. YOUTH ISSUES COMMITTEE MEMBERSHIP Mayor Pro Tem Potts requested agendizing an amendment of Youth Issues Committee membership. RED LEFT -TURN ARROWS Mayor Pro Tem Potts requested a status report on red left -turn arrows. Councilmember Worley requested agendizing elimination of red left - turn arrows. ORANGE COUNTY AUTO THEFT TASK FORCE MEETINGS Mayor Pro Tem Potts requested agendizing Tustin police officer attendance at the Orange County Auto Theft Task Force meetings. IRVINE WORLD NEWS ARTICLE Mayor Pro Tem Potts noted a ridiculous article in the Irvine World News depicting Tustin as the "Murder and Mayhem Capital of the World" and he would personally write a response to the reporter. LEAGUE OF CITIES APPOINTMENT Councilmember Worley noted her appointment by the League of Cities to the Community Services Committee. CITY COUNCIL MINUTES Page 6, 1-3-95 LOS ANGELES TIMES ARTICLE Councilmember Worley thanked Los Angeles Times reporter, Alan Eyerly, for the article he wrote.on her. PRIVATIZATION sau � Councilmember 4h!Aas recommended that, 199 3�;;a year to explore further privatization -of City services. MID -YEAR BUDGET REVIEW Councilmember Thomas requested the mid -year budget review be expedited. FREEWAY CONSTRUCTION STATUS REPORT Mayor Saltarelli thanked staff for the freeway status report and questioned completion timeline for the I-5/SR-55 connector ramps. SCHOOL BOARD/COUNCIL JOINT MEETING Mayor Saltarelli requested the school board and the City submit reciprocal reports on the impact of the County bankruptcy for their joint meeting on February 1, 1995. CLOSED SESSION — None ADJOURNMENT Mayor Saltarelli adjourned the meeting at 8:18 p.m. The next regular meeting of the City Council was scheduled for Monday, January 16, 1995, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. — .:. � -A, �) yyi: � � �- THOMAS R. SALTA99LLI, MAYOR Y WYNN, CITY CLERK