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HomeMy WebLinkAbout02 MINUTES 06-05-95MINUTES REGULARMEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFO~IA MAY 15, 1995 NO. 2 6-5-95 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 Councilmember Saltarelli. The Invocation was given by Mayor Potts. ROLL CALL Council Present:- Jim Potts, Mayor Tracy A. Worley, Mayor Pro Tem Mike Doyle ~ Thomas R. Saltarelli Council Absent: Jeffery M. Thomas 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 Dana Ogdon, Senior Planner Bettie Correa, Senior Personnel Analyst Approximately 10 in the audience PUBLIC INPUT NOISE CONTROL ORDINANCE NO. 114~ Ralph Fellick, Tustin Roofing Co., expressed opposition to noise control Ordinance No' 1143, restricting contractors from working on holidays and prior to 7:00 a.m. Christine Shingleton, Assistant City Manager, responded that the noise ordinance was Scheduled for review at the June 19, 1995 Council meeting, and suggested Mr. Fellick address Council at that time. Council/speaker discussion followed regarding the ordinance interfering with free trade; and Council's responsibility -to 'consider concerns raised by residents and construction companies on this matter. PUBLIC HEARING - None EGULAR BUSINESS 13. OI~AL PRESENTATION .- CLIFF POLSTON, TUSTIN BOYS AND GIRLS CLUB (Agenda Order) This item was taken out of agenda order by Mayor Potts. CITY COUNCIL MINUTES Page 2, 5-15-95 Cliff Polston, Boys and Girls Club Director, gave a brief update on the Boys and Girls Club Roller Hockey program; introduced youngsters who responded to Council questions regarding the roller hockey program; reported the number of currently enrolled children in the program and number of children anticipated for the summer hockey program; noted summer program prices would be lowered; and thanked Council for supporting the roller hockey program. He stated that the Boys and Girls Club Southwest branch at Heideman School had served approximately 9,600 children during the past year; commented on the possible purchase and installation of the portable facility by an outside funding source; thanked Council for supporting the Club's Southwest branch; noted the receipt of Community Development Block Grant funding; and said a full-time athletic director would be hired for the site. Mayor Potts thanked the Boys and Girls Club for offering organized youth programs; was pleased the membership cost would be less expensive; and suggested devising a scholarship program for children who could not afford the membership fee. CONSENT CALENDAR (ZTEM,g · ~UGH Z2) It was moved by Saltarelli, seconded by Worley, to approve the Consent Calendar as recommended by staff. Motion carried 4-0, Thomas absent. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $855,222.10 and ratify Payroll in the amount of $313,985.71. · APPROVAL OF MINUTES - MAY 1, 1995 REGULAR MEETING Recommendation: Approve City Council Minutes of May 1, 1995. AIRPORT STATUS REPORT Recommendation: Receive and file subject report as recommended by the Community Development Department. · RESOLUTION NO. 95-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR RECONSTRUCTION OF "C" STREET NORTH OF MITCHELL AVENUE, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING 1994-95 FY AND AUTHORIZING ADVERTISEMENT FOR BIDS (PROJECT NO. 200031) Recommendation: Adopt Resolution No. 95-50 approving the plans and specifications for the reconstruction of "C" Street north of Mitchell Avenue and authorizing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. · RESOLUTION NO. 95-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION OF TRAFFIC SIGNAL AND INTERCONNECT AT EL CAMINO REAL AND ORANGE STREET (CIP NO. 800053) Recommendation: Adopt Resolution No. 95-49 approving the plans and specifications for the installation of a traffic signal and interconnect at the intersection of E1 Camino Real and Orange CITY COUNCIL MINUTES Page 3, 5-15-95 · · 0 10. Street and authorizing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. APPROVAL OF MASTER FUNDING AGREEMENT NO. C-95-993 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR PROJECTS FUNDED BY .MEASURE M IN THE COMBINED TRANSPORTATION FUNDING PROGRAM AND THE BICYCLE AND PEDESTRIAN FACILITIES PROGRAM Recommendation: Approve the Master Funding Agreement No. C-95-993 with the OCTA for projects funded by Measure M in the Combined Transportation Funding Program and the Bicycle and Pedestrian Facilities Program, and authorize the Mayor and City Clerk to execute the agreement on.behalf of the City as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 95-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,. APPROVING PLANS AND SPECIFICATIONS FOR THE PINETREE PARK PARKING BAY IMPROVEMENTS SOUTHSIDE OF BRYAN AVENUE ADJACENT TO PINETREE PARK BETWEEN UTT DRIVE AND RED HILL AVENUE Recommendation: Adopt Resolution No. 95-48 approving the plans and specifications for the construction of the Pinetree Park parking bay improvements on the southside of Bryan Avenue between Utt Drive and Red Hill Avenue, and authorizing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. PROVISION OF TEMPORARY PARKING NEAR TUSTIN RANCH TREE PARK FOR REGIONAL PARK USERS Recommendation: Authorize temporary on-street parking on a portion of Peters Canyon Road and the installation of informational signs directing regional park users to the entrance of Lower Peters Canyon Regional Park and parking area in the City of Orange as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 95-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR PHASE IV REGIONAL TRAILS ASSESSMENT DISTRICT 86-2 (PROJECT NO. 700085) Recommendation: Adopt Resolution No. 95-51 approving the plans and specifications for Phase IV Regional Trails, Assessment District 86-2 (Project No. 700085) and authorizing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. SENIOR ADVISORY BOARD APPOINTMENT CONFIRMATION Recommendation: Confirm Jean Lowry, Don Miller, and Margarete Thompson as members of the Senior Advisory Board as recommended by the current members of the Board and Senior Center staff. INVESTMENT SCHEDULE AS OF MARCH 31, 1995 RecommendatiOn: Receive and file subject report as recommended by the Finance Department. CITY COUNCIL MINUTES Page 4, 5-15-95 12. PLANNING COMMISSION ACTION AGENDA - MAY 8, 1995 Ail 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 May 8, 1995. REG~ BUSINESS (ITEMS 13 THROUGH 20) 13. ORAL PRESENTATION - CLIFF POLSTON, TUSTIN BOYS AND GIRLS CLUB See page 1. 14. ORANGE COUNTY BANKRUPTCY STATUS William Huston, City Manager, reported on veto of Senate Bill 10; noted failure of appeal of the Investment Pool settlement by a group of bond holders resulting in immediate repayment to cities; and an additional repayment to cities in the form of "good as gold" recovery notes was expected by June 15, 1995. 15. JOINT POWERS AGREEMENT - 800 MHZ COMMUNICATIONS SYSTEM William Huston, City Manager, reported the joint powers agreement provided a mechanism to finance acquisition of the 800 MHz communications system. He noted that timely formation of the authority was essential because the Federal Communications Commission (FCC) required Phase I construction of the communications system be completed by October 1, 1995, and if this deadline was not met, the FCC would reallocate the 800 MHz channels to other counties. He noted the proposed joint powers agreement would require further refinement; however, because of the timeline, it was necessary to approve the agreement and amend it at a later date. He stated the agreement allowed the City to finance the balance of its cost over a 10-year period-; the importance of implementing the system from a law enforcement and public works standpoint; the City.'s deposit in the County's trust fund was not part of the Orange County bankruptcy; release of trust funds must be resolved before conveyance of the Motorola contract; the 800 MHz trust funds should be settled within 60 days; because the County was unable to pay its .share of the system, Proposition 172 monies could be used to fund the County's cost of the system; and the lead operating agency would be determined at a future date. It was moved by Potts, seconded by Worley, to (1) approve the Joint Powers Agreement, (2) appoint Councilmember Doyle as the' representative on the joint powers Board of Directors, and (3) appoint Captain Fred Wakefield as the City's alternate representative. Motion carried 4-0, Thomas absent. 16. HISTORICAL SOCIETY RENT William Huston, City Manager, reported the Historical Society CITY COUNCIL MINUTES Page 5, 5-15-95 17. 18. requested a contribution of $5,700 for 1995 to pay building rent and if approved, their current agreement would be extended through June 30, 1996. He suggested Council consider requesting Tustin Community Foundation assistance in providing total or partial funding of the Society's request and working with the Society to identify a long-range funding strategy. Mayor Potts suggested staff investigate obtaining a building for Historical Society use in the City's redevelopment area. It was moved by Doyle, seconded by Worley, to appropriate $5,700 to the Historical Society for 1995-96 fiscal year building rent. Motion carried 4-0, Thomas absent. ORDINANCE NO. 1151, AMENDMENT TO PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRACT Mayor Potts announced this item would be continued to the June 5, 1995 Council meeting. ENFORCEMENT OF AB 13 Dana Ogdon, Senior Planner, reported that Assembly Bill (AB) 13, "California's Law for a Smoke-Free Workplace" became law on January 1, 1995; Council had previously authorized enforcement of AB 13 by Code Enforcement and Police Department staff; and the Orange County Health Agency's proposal to serve as the first point of contact for complaints regarding violations of the law and informing local businesses of their obligation to comply with AB 13. He summarized the proposed City enforcement procedures for AB 13: all complaints would be taken by staff for formal tracking; staff would inform the County of the complaint; if the Health Care Agency received a complaint independently regarding a business in the City, they would send a notification to the offending business owner; and additional complaints received by the County or the City for a location with prior contact would be forwarded to staff for formal aCtion. He noted that Code Enforcement and Police Department staff would investigate and evaluate whether a violation was occurring by personally observing the violation. Council/staff discussion followed regarding utilizing the County Health Agency's program and the City's enforcement of AB 13 by issuing citations when required. Councilmember Doyle stated his opposition to County involvement and would not support the proposed enforcement of AB 13 for that reason. Council/staff discussion followed regarding the City would determine appropriate action for second AB 13 violations; utilizing the County program would save the City money and resources; the County program would disseminate AB 13 information to educate the public; the County's role of supporting local agency efforts in AB 13 enforcement; the City's ordinance was CITY COUNCIL MINUTES Page 6, 5-15-95 19. 20. superseded by AB 13 and enforcement by staff would be under AB 13; and because AB 13 involved a health issue, the Health Care Agency should be involved. It was moved by Saltarelli, seconded by Worley, to concur with the procedure identified by staff for enforcement of AB 13, utilizing the County of Orange Health Agency as a resource to inform violating business owners of the requirements of AB 13. The actual issuance of citations would remain under the authority of the City. Motion carried 3-1, Doyle opposed, Thomas absent. AUTHORIZE THE CITY MANAGER TO NEGOTIATEANDEXECUTEANALTERNATIVE SECURITY AGREEMENT WITH THE TRANSPORTATION CORRIDOR AGENCY (TCA) Ronald Nault, Director of Finance, reported that the Transportation Corridor Agency (TCA) would be issuing $1.5 billion in bonds within 60 days to fund the eastern leg of the transportation corridor project and their share of the grade separation. In order to facilitate a successful underwriting, the TCA required the Cities of Irvine and Tustin to secure their shares of the grade separation project. He summarized TCA proposed alternatives to secure the City's share including: initiate long-term financing of $5.5 million; deposit $5.5 million in a custodial account with the TCA as joint custodian; or provide a direct draw letter of credit naming the TCA as beneficiary. He stated that after reviewing TCA alternatives, staff proposed another alternative of transferring certain securities currently held by the City with maturities due in. 20 to 24 months into a joint custody account with the TCA; the City would continue to receive all distributed interest and cover the account expenses estimated to not exceed $2,500 per year; and the City would agree to maintain a current market value of the securities in the account of at least 102 percent of the City's share of the project. He said TCA agreed in concept to the City's proposal, but required a funding agreement securing the ability to draw from the custOdial account in the event the City failed to pay once the project commenced. It was moved by Worle¥, seconded by Saltarelli, to authorize the City Manager to negotiate with the Transportation Corridor Agency on an alternative security deposit and funding agreement for the City's fair share of the Jamboree Road/Edinger Avenue grade separation. Motion carried 4-0, Thomas absent. WALNUT AVENUE HEDGE TREATMENT AT NELSON SCHOOL Mayor Potts announced this item would be continued at the request of the Tustin Unified School District. PUBLIC INPUT -None. CITY COUNCIL MINUTES Page 7, 5-15-95 O~R BU~INBS~ COHNENDATION - POLICE DEP~RTNENT Councilmember Doyle commended the Police Department for the decoy car theft operation resulting in two arrests. FIRE AUTHORITY UPDATE Councilmember Saltarelli gave a committee report on the Fire Authority which included information on a tour of last year's fire areas, regrowth of vegetation, encouraged residents living in remote areas to remove vegetation away from residences, fire sprinkler standards, and high morale of the Fire Department. COMMITTEE REPORTS Mayor Potts noted that "Committee Reports" would be added to the agenda to provide Council. an opportunity to report on their various County committee activities. YOUTH ISSUES COMMITTEE/TAFFY Mayor Pro Tem Worley reported on the proposed idea that the Youth Issues Committee would serve as executive steering committee for TAFFY' and the subject would be agendized in June. COUNCIL REPRESENTATION - COMMUNITY EVENTS Mayor Potts stated that Council were volunteers, not full-time positions, and encouraged residents to serve as Council representatives at functions and events in order to assist the Council in meeting their numerous commitments. CLOSED SESSION - None ADJOURNMENT Mayor Potts adjourned the meeting at 7:55 p.m. The City Council had scheduled a Workshop on Monday, June 5, 1995, at 6:00 p.m. in the Council Chambers to discuss proposed amendments submitted by The Irvine Company to the East Tustin Specific Plan, the City's General Plan Land Use Map, and the City's Zoning Map; and the next regular meeting of the City Council was scheduled for Monday, June 5, 1995, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. JIM POTTS, MAYOR MARY E. WYNN, CITY CLERK