HomeMy WebLinkAbout02 MINUTES 05-15-95 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTINv CALIFORNIA
MAY 1, 1995
NO. 2
5-15-95
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 W0rley. The Invocation was given by
Councilmember Saltarelli.
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
PROC~TION
NATIONAL HISTORIC PRESERVATION WEEKv 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.
P~BLIC INPUT - None
P~BLIC HEARING - None
~NSENT C~T.I~TDAR (ITEMB I THROUGH 13)
Items No. 7 and 11 were removed from the Consent Calendar by
Councilmembers Saltarelli and Thomas. It was moved by Doyle,
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seconded by Thomas, to approve the remainder of the Consent
Calendar as recommended by staff. Motion carried 5-0.
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.
TUSTIN /~EA 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.
APPROVAL OF MINUTES - APRIL 17, 1995 REGULAR MEETING
Recommendation: Approve City Council Minutes of April 17, 1995.
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,
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.
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 LEVYOFANNUAL 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 1995-96 fiscal year for the Tustin Landscape
and Lighting District as recommended by the Public Works
Department/Engineering Division.
EXECUTION OF QUITCLAIM DEED OF A PORTION OF PUBLIC SIDEWALK
EASEMENT TO THE MCDONALDtS CORPORATION OVER LOT I 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 I 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.
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.
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
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of 1.4% as recommended by the Public Works Department/Field
Services Division.
AUTHORIZATION TO SOLICIT BIDS FOR UNIFORM RENTAL AND L~UNDRY
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.
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.
13.
PLANNING COMMISSION ACTION AGENDA - APRIL 24, 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 April
24, 1995.
CONSENT CALENDAR ITEM NO. ? - 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.
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.
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
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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.
RE~U~ BUSINESS (ITEHS
COI~PREHENSIVE SETTLEI~ENT AGREENENT RE~ARDING ORANGE COUNTY
INVESTI(ENT 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.
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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.
OI~d~GE COUNTY B~KRUPTCY STATUS
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.
UPDATE ON MCAS EL TORO REUSE EFFORTS
Christine Shingleton, Assistant City Manager, reported in 1993 the
County created the E1 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 E1 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
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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.
STINGER SPIKE 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.
TERM EXPIRATIONS/VACANCIES - PLANNING COMMISSION, PARKS AND
RECREATION COMMISSION, AUDIT COMMITTEE, AND ~ATER 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.
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21.
ANNUAL UPDATE OF TUSTIN PRIDE
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.
FEDERAL COMMUNICATIONS COMMISSION SOCIAL CONTRACT WITH CONTINENTAL
CABLEVISIONv 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.
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
programming could be negotiated upon cable contract renewals.
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:
CITY COUNCIL MINUTES
Page 8, 5-1-95
22.
RESOLOTION NO. 95-46 - A' RESOLUTION OF INTENTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, TO APPROVE ANAMENDMENT
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.
LOWER PETERS CANYON SPECIFIC PLAN
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 wouldcause
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
south to Irvine 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 remarked on The Irvine Company's
cooperation in reaching agreement with the City; noted the
industrial complex would be upscale; stated the City needed more
active sports parks; and was pleased with the proposed library
'facility.
CITY COUNCIL MINUTES
Page 9, 5-1-95
Councilmember Thomas thanked The Irvine Company for working with
the City to solve the issues in the Specific Plan; requested
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
wantedthe 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 Worle¥, to endorse staff
recommendations with changes agreed to by The Irvine Company.
Motion carried 5-0.
~BLIC 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.
HAY ~5, ~995 COUNCIL NEETING ~,BSENCE'
Councilmember Thomas reported he would be absent from the May 15,
1995 Council meeting due to a business commitment.
AGENDISE COUNCIL POSITION - NEASURE 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 NEETING
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
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goal setting workshop.
FINANCI~ HANAGERS/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.
FIRE AUTHORITY UPDATE
Councilmember Saltarelli reported that
progressing well and tours could be
Councilmembers.
the Fire
arranged
Authority was
for interested
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.
CITY COUNCIL MINUTES
Page 11, 5-1-95
~BOR DAY
Mayor Potts requested that the City consider participating in
Arbor Day activities.
WORKSHOP - Ei~,~ST TUSTIN SPECIFIC PL~d~-~t~ENDHENT
'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.
CH~HBER PODIUM TIHING LIGHTS/3-HINUTE'LIHIT
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.
sOU~STI~REA
Mayor Potts noted the positive response received from private
companies willing to expend their funds in theSouthwest area.
_CLOSED SESSION
.ayor 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.
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.
FOLLOWING CLOSED SESSION STATEN~NT
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
of Glendale in Loder vs. City of Glendale, a case before the California
Supreme Court involving pre-employment drug testing.
-"otion carried 4-1,'Thomas opposed.
JIM POTTS, MAYOR
MARY E. WYNN, CITY CLERK