HomeMy WebLinkAbout01 MINUTES 04-17-95 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
APRIL 3, 1995
NO. 1
4-17-95
CALL TO ORDER/PLEDOE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Saltarelli at 7:10 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
Councilmember Thomas.
ROLL CALL
Council Present-.
Council Absent:
City Clerk Wynn:
Others Present:
Thomas R. Saltarelli, Mayor
Jim Potts, Mayor Pro Tem
Mike Doyle
Jeffery M. Thomas
Tracy A. Worley
None
Absent
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
Rita Westfield, Asst. Dir./Comm. Development
Dana Ogdon, Senior Planner
Paula Rankin, Associate Planner
Bettie Correa, Senior Personnel Analyst
Approximately 75 in the audience
PROC~TIONB
VOLUNTEER CONNECTION DAY, APRIL 22
Mayor Saltarelli read and presented a proclamation to Leslie
Pontious, Cities Subcommittee Chairperson, proclaiming April 22,
1995 as Volunteer Connection Day.
Leslie Pontious thanked Council for the proclamation and invited
them to participate in Volunteer Connection Day activities.
NATIONAL COMMUNITY DEVELOPMENT WEEK, APRIL 10-16
Mayor Saltarelli read and presented a proclamation to Rita
Westfield, Assistant Director of Community Development,
recognizing April 10-16, 1995, as National Community Development
Week.
Rita Westfield, on behalf of the Community Development staff,
thanked Council for the recognition.
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COLUMBUS TUSTIN MIDDLE SCHOOL STUDENTS FOR CREATION OF CRIME
PREVENTION VIDEO
Mayor Saltarelli read and presented a proclamation to Columbus
Tustin Middle School Video Production class for creation of a
crime prevention video.
Kathy Sampson, Video Production class instructor, thanked Council
for the proclamation and the Police Department for their
assistance in creating the video.
After the City Council and audience viewed the video, the class
presented each Councilmember with a copy.
RECESS - Mayor Saltarelli recessed the meeting at 7:30 p.m.; the meeting
reconvened at 7:33 p.m.
PUBLIC INPUT
SELECTION OF MAYOR
Helen Edgar, 13622 Loretta Drive, Tustin, noted the campaign
platform of then-Council candidates, Doyle and Worley, favoring
automatic annual rotation of the Mayor's position, and asked that
they remember their commitment when the Mayor was selected at the
April 17, 1995 Council meeting.
PUBLIC HEAP~N~S (ITEMS 1 Tal~O~a 2)
HUD CONSOLIDATED PLaN
Paula Rankin, Associate Planner, reported that the U.S. Department
of Housing and Urban Development (HUD) had developed regulations
to consolidate all major federal .Community Planning and
Development formula programs including the Community Development
Block Grant Program (CDBG). She said the Consolidated Plan would
have minimal impact on Tustin because the City participated in
only one CDBG program; and summarized the Consolidated Plan
components including: citizen participation plan; housing and
homeless needs assessment; housing market analysis; community
housing and development strategic plan; action plan; and
certifications assuring compliance with federal regulations.
Mayor Saltarelli opened the public hearing at 7:37 p.m.
The following member of the audience spoke regarding the
Consolidated Plan providing homeless facilities at Tustin Marine
Corps Air Station upon its closure:
Scott Mather, Homeless Service Coalition
There were no other speakers and the.Public Hearing was closed at
7:39 p.m.
CITY COUNCIL MINUTES
Page 3, 4-3-95
PROPOSED USE OF COJDfUNITY DEVELOPNENT BLOCK GRANT (CDBG) FUNDS FOR
F'rSCAL YEAR 1995-96
Paula Rankin, Associate Planner,. reported that the Community
Development Block Grant program (CDBG) provided funding to local
communities for the purpose of developing urban communities and
assisting in the elimination of urban blight. Staff had been
notified that the City would receive $741,000.00 in CDBG funds for
the 1995-96 funding year; however, Congress was considering a 10
percent reduction of the funding and-staff had developed a
contingency plan should the reduction be approved. She explained
that communities were permitted to use CDBG monies to develop
programs and funding priorities as long as the projects met the
following national objectives: benefiting iow and moderate income
persons; addressing slums or blight; or meeting an urgent
community development need. She summarized types of projects
eligible for CDBG funding; noted extensive citizen participation
to guide the process of establishing fund uses; and said open
meetings were conducted of an ad hoc citizen participation
committee, which met requirements of the Consolidated Plan.
Council/staff discussion followed regarding permissible uses of
Redevelopment Agency funding..
Mayor Saltarelli opened the public hearing at 7:45' p.m. There
were no speakers on the subject and the public hearing was closed.
Council/staff discussion followed clarifying that homeless needs
were addressed in the Consolidated Plan and the Marine Corps Air
Station Tustin Reuse Plan.
It was moved by Worle¥, seconded by Thomas, to adopt the following
Resolution No. 95-37 approving the proposed use of Community
Development Block Grant funds for inclusion in the proposed
Consolidated Plan - Action Plan Fiscal Year 1995-96:
RESOLUTION NO. 95-3? - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PROPOSED USE OF FISCAL YEAR
1995-96 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR INCLUSION IN
THE CONSOLIDATED PLAN - ACTION PLAN
Motion carried 5-0.
CONSENT CALENDAR' (ITEMS 3 THROUGH 14 )
It was moved by Thomas, seconded by Potts, to approve the Consent Calendar
as recommended by staff. Motion carried 5-0.
TRAFFIC SIGNAL INSTALLATION AT BRYAN AVENUE/PARKCENTER LANE
Recommendation: Remove subject project from the City's Capital
Improvement Program and direct staff to refund cash deposits to
respective developers and exonerate the existing bond for this
improvement as recommended by the Public Works Department/
Engineering Division.
·
RESOLUTION NO. 95-35 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND
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Page 4, 4-3-95
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR PUBLIC
FACILITIES AND IMPROVEMENTS FOR COMPLIANCE WITH THEAMERICANS WITH
DISABILITIES ACT, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING
1993-94 FY
Recommendation: Adopt Resolution No. 95-35 accepting the works of
improvement as complete and authorize the recordation of the
Notice of Completion and direct the City Clerk to: (1) Release
the Labor and'Materials Payment Bond not sooner than thirty-five
(35) days after the date of recordation of the Notice of
Completion;-and (2) Release the Faithful Performance Bond not
sooner than one year after the date of recordation of the Notice
of Completion as recommended by the Public Works Department/
Engineering Division.
AUTHORIZATION FOR THE TRANSPORTATION CORRIDOR AGENCIES (TCA) TO
ACQUIRE RIGHT-OF-WAY FOR THE JAMBOREE ROAD/EDINGER AVENUE
INTERCIL%NGE IHPROVEMENTS ASSOCIATED WITH THE EASTERN
TRANSPORTATION CORRIDOR WEST LEG TRANSITIONAREA
Recommendation: Authorize the TCA to acquire right-of-way for the
subject interchange at Jamboree Road/Edinger Avenue as recommended
by the Public Works Department/Engineering Division.
I-5/SR-55 FREEWAY CONSTRUCTION STATUS REPORT
Recommendation: Receive and file subject report as recommended by
the Public Works Department/Engineering Division.
·
ANNUAL HEATING, VENTILATING, REFRIGERATION AND AIR CONDITIONING
SYSTEMS MAINTENANCE CONTRACT
Recommendation: Authorize staff to solicit bids for a new Annual
Heating, Ventilating, Refrigeration and Air Conditioning Systems
Maintenance Contract as recommended by the Public Works
Department.
RESOLUTION NO. 95-39 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING ACCEPTANCE OF ALL DEEDS OR
GRANTS CONVEYING ANY INTEREST OR RIGHT IN OR EASEMENT UPON REAL
ESTATE TO THE CITY OF TUSTIN FOR PUBLIC PURPOSES; APPOINTING AND
AUTHORIZING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF
TUSTIN TO CONSENT TO SUCH DEEDS OR GRANTS AND TO THE RECORDATION
THEREOF ON BEHALF OF THE CITY AND REPEALING RESOLUTION NO. 611
Recommendation: Adopt Resolution No. 95-39 providing for the
acceptance of deeds or grants as recommended by the City Attorney.
·
RESOLUTION NO. 95-34 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, RELATING TO THE COMPENSATION OF PART-
TIME EMPLOYEES OF THE CITY OF TUSTIN
Recommendation: Adopt Resolution No 95-34 amending the salary
schedule for part-time employees with an effective date of March
31, 1995, as recommended by Personnel Services.
10.
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,566,276.42
and ratify Payroll in the amount of $333,341.14.
11.
APPROV]%L OF MINUTES - MARCH 20, 1995 REGULAR MEETING
Recommendation: Approve City Council Minutes of March 20, 1995.
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Page 5, 4-3-95
%2.
PLANNING ~OMMISSION A~TION AGENDA - MARCH Z 7, 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 March
27, 1995.
13.
RESOLUTION NO. 95-36 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY OF GARDEN GROVE
TO ACT ON BEHALF OF THE CITY OF TUSTIN BOTH AS APPLICANT AND GRANT
ADMINISTRATOR FOR THECALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
USED OIL OPPORTUNITY GRANT PROGRAM
Recommendation: Adopt Resolution No. 95-36 authorizing the City
of Garden Grove to act on behalf of the City of Tustin both as
applicant and grant administrator for the California Integrated
Waste Management Board Used Oil Opportunity Grant Program; and
direct the City Attorney to prepare and authorize the Mayor to
execute an agreement with the City of Garden Grove to develop and
manage a Used Oil Program at no cost to the City of Tustin as
recommended by the Public Works Department.
14.
PROGRESS REPORT ON FINANCE OPERATIONS MANUAL
Recommendation: Receive and file subject report as recommended by
the Finance Department.
RBGULMt BUSXIIBSS ( 'rTEMH XS THROUGH :20 )
ORDIN]%NCE NO. 1147 - ~ONFLI~TS OF INTEREST
It was moved by Thomas, seconded by Potts, that Ordinance No. 1147
have second reading by title only. Motion carried 5-0.
Following second reading by title only of Ordinance No. 1147 by
the Chief Deputy City Clerk, it was moved by Thomas, seconded by
Worle¥, to adopt the following Ordinance No. 1147:
ORDINANCE NO. 1147 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, REPEALING ORDINANCE NO. 629 (SECTIONS 1220-
1229 OF THE TUSTIN CITY CODE) RELATING TO CONFLICTS OF INTEREST
Motion carried 5-0 (roll call vote).
16.
17.
ORANGE COUNTY BANKRUPTCY STATUS
COUNTY OF ORANGE INVESTMENT POOL SETTLEMENT' AGREEMENT
William Huston, City Manager, reported on the County of Orange
bankruptcy status including: proposed closure of six Orange
County library branches; extension of Tustin branch library
operating hours starting July 1, 1995; Board of Supervisors'
consideration of library joint powers agreement; possibility of
County relinquishing control of libraries to cities; and 800
megahertz system.
Mayor Saltarelli remarked on a recent meeting of the Sanitation
District and their-lack of aggressive recovery efforts of 800
megahertz system funding; elected officials' fear that if the
financial agreement was not approved, other public entities would
file bankruptcy; and once the agreement was approved,
CITY COUNCIL MINUTES
Page 6, 4-3-95
confrontations with the County would continue in order to obtain
revenue for libraries and the fire authority.
Councilmember Doyle stated his displeasure at being coerced by the
County to approve the Settlement Agreement; noted the lack of
County cooperation and accountability; and the inequity of
disbursement of investment monies to pool participants.
Council/staff discussion followed regarding deliberation of the
County Investment Pool Settlement Agreement in open session.
Councilmember Thomas noted his concern that by approving the
Settlement Agreement, by innuendo, the City was agreeing to the
proposed sales tax increase. He stated his opposition to the
Settlement Agreement and the sales tax increase; noted the need to
investigate measures other than increasing taxes; commented on
Tustin's unique ability to reject the Agreement due to minimal
pool losses; and requested agendizing discussion of alternative
mitigation plans.
Councilmember Worley stated concern that opposing the County
Settlement Agreement to make a point was not in the best interest
of the City; suPported the County's proposal to close several
libraries and extend operating hours of the remaining; and she
stated close examination of potential consequences of rejecting
the agreement was necessary.
Mayor Pro Tem Potts stated that the City would not be
significantly affected by opposing the Settlement Agreement;
however, he was concerned that several school districts would have'
to declare bankruptcy. He said a sales tax increase should be
decided by the voters; was confident the agreement would be
approved because of support from major agencies; and, if a library
joint powers authority was formed, he wanted the Tustin branch
library expanded utilizing' redevelopment funds.
Mayor Saltarelli stated rejection of the agreement could result in
dire circumstances for many agencies who were currently avoiding
defaults through loans from other agencies; and after the
agreement was approved and agencies received their partial
payments, the County would no longer have leverage over cities and
agencies. The County would need the support of public officials
to pass the sales tax increase; forcing the County to support the
cities on matters pertaining to libraries and the fire authority.
He said circumstances would change following approval of the
agreement and he was' eagerly anticipating negotiating with the
County once the leverage was eliminated; and he believed the City
had no choice but to approve the agreement.
Councilmember Thomas stated he would support Option B to regain
the City's funds and preserve litigation rights against the
County; requested the Council discuss Measure R and adopt a
position; believed the only method for financing the recovery
notes would be through the sales tax increase; and the Council
should assume a leadership position on behalf of the residents and
not submit to the County's dictate.
CITY COUNCIL MINUTES
Page 7, 4-3-95
Council discussion folloWed regarding litigation against the
County would be unwise based on the amount of funds lost;
reserving the City's right to litigate; additional expenditure of
City funds that would be required during the second bankruptcy
phase; and agreement approval would provide cities with the basis
for asserting their rights.
Mayor Pro Tem Potts summarized the County's failure to downsize
and his lack of desire to assist incompetent management, but
believed that all participants must cooperatively work together to
protect the school districts.
It was moved by Worle¥, seconded by Potty, to approve the County
of Orange Investment Pool Settlement Agreement.
Councilmember Thomas stated that originally the County had
indicated that if the Cities supported the increased sales tax,
the County would agree to refund the losses. When that tactic
failed, the County created a "pack" mentality causing any City who
deviated from approval of the agreement to be ostracized. He
noted that sales tax increases were not always successful due to
recessions, stated his opposition to the County continuing
operation without downsizing, and resented the County's coercion
to support the increased sales tax measure in order to receive
repayment of losses.
Mayor Saltarelli summarized the County's tactics forcing cities to
lend support to the sales tax measure to finalize the repayment
agreement; cities' demands that the County sell assets and
downsize; the possibility of State assistance was predicated on
increasing the sales tax; Board of Supervisors' strong political
reluctance to request increased sales tax; threat by State to
impose a County trustee if the sales tax increase was not
implemented; and his opposition to State gaining control of the
school districts.
Councilmember Worley said her~¢oncern centered around use of the
word "they" when in reality "they" meant "us". The cities and
residents could not disassociate themselves from the County; the
problem existed and it must be acknowledged and addressed.
Lois Jeffrey, Interim City Attorney, noted the Settlement
Agreement had three options and at least two of those options did
not'require the County to seek additional funding. Rejection of
the entire agreement was not required, unless the Council desired
to do so for political reasons, and a choice of options remained
following approval of the agreement.
Council/staff discussion followed regarding futility of claim
proceSs during second bankruptcy; withholding support for
increased sales tax until County downsizing was finalized and
County's willingness to cooperate with cities on library and fire
service issues were evident; and Council's ability to change
options prior to June 8.
Mayor Saltarelli noted that the Council could send a message to
the County by approving the agreement, supporting Option B, and
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Page 8, 4-3-95
withholding the final option choice until the deadline. He would
support Option B but believed the City did not have sufficient
funding losses to seriously consider Option B.
Motion carried 5-0.
council concurred to agendize reconsideration of the option
choices at the May 15 Council meeting.
It was moved by Thomas, seconded by Worle¥, to approve Option B.
Council discussion followed regarding agendizing their position on
the sales tax measure; current availability of County funds to
repay losses; and failure of the sales tax measure would force
County to raise funds through other means such as increased solid
waste collection/landfill fees.
Motion carried 5-0.
PROCEDURE FOR INVOLVING THE 'CITY IN PRO BONO AMICUS BRIEFS
RECOI4NENDED BY THE CALIFORNIA LEAGUE OF CITIES
Councilmember Thomas nOted he had been contacted by Chris Layton
who objected to the City joining an amicus brief supporting the
City of Escondido in a water softener case. Councilmember Thomas
requested the Council adopt a formal position on amicus briefs,
and believed that each amicus brief should be submitted to the
City Council for formal action.
Council/staff discussion followed regarding lack of Council's
knowledge regarding involvement in past amicus brief joinders;
number of annual briefs filed; deferring amicus brief action to
City Attorney without Council review; placement of amicus brief
filings on the Consent Calendar; and sending a letter of apology
to Mr. Layton.
It was moved by Thomas, seconded by Potts, to authorize placement~
of all future amicus briefs on the Consent Calendar.
Motion carried 5-0.
RESOLUTION &UTHORIZING A JOINT EXERCISE OF POWERS AGREEMENT WITH
THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY
Ronald Nault, Director of Finance, reported that documents and
procedures established by the financing team for the refunding of
the assessment district bonds were previously submitted to the
City Council. The Council had expressed concern regarding useof
the Joint Powers Authority (JPA) and staff was directed to submit
the concept to the Audit Committee for review. He reported that
the Audit Committee had reviewed and unanimously approved the JPA
concept for refunding. He summarized the pooling of all existing
fixed-rate properties from two separate districts to a single
fixed-rate district; creation of stronger credit in the market
place; issuance of bond insurance resulting in AAA bond rating;
reduction of borrowing costs; and ultimate reduction of annual
property assessments.
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Page 9, 4-3-95
Council/staff discussion followed regarding lack of obligation for
one district to financially support the other; pro rata share of
reductions; assessments on original acreage would remain
unchanged; securing assessments through property liens;
disbursement of excess monies in each district; life of bond
issues would remain unchanged; reduction in assessment~ and fixed
bond terms; market climate and borrowing costs; and need for
compensation to board members for extraordinary expenses.
It was moved by Potts, seconded by Worle¥, to adopt the following
Resolution No. 95-38 authorizing the execution and delivery of a
Joint Exercise of Powers Agreement with the Tustin Community
Redevelopment Agency:
RESOLUTION NO. 95-38 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY
OF A JOINT EXERCISE OF POWERS AGREEMENT WITH THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY
Motion carried 5-0.
9_0.
LETTER OF CREDIT SECURING THE CITY OF TUSTINmS PRO RATA SHARE OF
THE JAHBOREE/EDINGER INTERCHANGE CONSTRUCTION
Ronald Nault, Director of Finance, reported the Cities of Tustin
and Irvine and the Transportation Corridor Agency (TCA) had agreed
tofund and construct an interchange at Jamboree Road and Edinger
Avenue. He noted that staff had been negotiating alternative
'methods of securing the City of Tustin's 1/3 share of the
interchange cost, TCA was implementing the process to market the
bonds and now required security for the funding agreement.
Mayor Pro Tem Potts stated his approval of the agreement, and
noted the interchange would enable motorists on Jamboree to travel
over Edinger with an innovative, diamond design.
It was moved by Thomas, seconded b¥-Worley, to direct staff to
acquire a Letter of Credit to secure the City's commitment to fund
its one third share of the Jamboree/Edinger interchange project,
not to exceed $5.5 million in full value.
Motion carried 5-0.
PUBLIC INPUT -None
OTHER BUSINESS
MAYOR PRO TEM POTTS' BIRTHDAY
Councilmember Doyle wished Mayor Pro Tem Potts a happy birthday.
ASSEMBLY CONSTITUTION AMENDMENT (ACA) NO. 7
Councilmember Thomas noted a letter received from Senator John
Lewis requesting support for ACA 7, unfunded State mandates, and
requested the matter be agendized at the April 17, 1995 COuncil
meeting.
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Page 10, 4-3-95
I~AGING ~ INVESTING PUBLIC FUNDS WORKSHOP
Councilmember Thomas reported he had sent a proposal to the League
of Cities and the California Debt Advisory Commission to conduct
a one-day workshop on managing and investing public funds.
TRF.~SURERgS OVERSIGHT COI~fl~ITTEE UPDATE
Councilmember Thomas reported on progress of the Orange County
Treasurer's Oversight Committee and Treasurer Moorlach's 100-day
plan.
~?OURNI~NT IN COUNCILgS HONOR
Mayor Saltarelli noted this was his last meeting to adjourn as
Mayor, expressed pride in his fellow Councilmembers, and requested
adjournment in their honor.
CLOSED SESSION
Mayor Saltarelli announced that the City Council would convene in closed
session to confer with the City Attorney regarding matters of existing
litigation to which the City is a party: Patrick P. Tocher and Patrick P.
Tocher, dba Pacific Coast Motoring v. the City of Santa Ana, the City of
Tustin, the City of Costa Mesa, all California Municipalities; Chief Paul
Walters, the Police Department of the City of Santa Ana; Chief W. Douglas
Franks, the Police Department of the City of Tustin; Chief David Snowden,
the Police Department of the City of Costa Mesa; U.S.D.C., SACV 95-224AHS
(EEx) .
Mayor Saltarelli adjourned the meeting at 9:25 p.m. in honor of Tustin
City Council. The next regular meeting of the City Council was scheduled
for Monday, April 17, 1995, at 7:00 p.m. in the Council Chambers at 300
Centennial Way.
THOMAS R. SALTARELLI, MAYOR
MARY E. WYNN, CITY CLERK