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Home My WebLink About11 MINUTES 04-03-965 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTINv CALIFORNIA MARCH 20, 1995 NO. 11 4-3-95 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:03 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Doyle. The Invocation was given by Councilmember Worley. 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 Susan Jones, Recreation Superintendent Valerie Crabill, Chief Deputy City Clerk Dana Kasdan, Engineering Services Manager Gary Veeh, Water Services Manager Bettie Correa, Senior Personnel Analyst Approximately 12 in the audience INTRODUCTION Mayor Saltarelli introduced Boy Scout Kevin Leger, who had written the Mayor regarding the Joint Powers Fire Authority, and welcomed him to the meeting. PROCLAMATION JOHN GARNER, COMMUNITY RECOGNITION FOR HEROIC ACTION · Mayor Saltarelli read and presented a proclamation to John Garner who helped save the life of traffic accident victim, Angela Reisinger. Councilmember Doyle stated that he had known Mr. Garner for over 20 years, and commended him on his life saving action and his commitment as an Orange County firefighter. John Garner thanked the Council for the recognition and was honored to receive the proclamation. Mayor Pro Tem Potts encouraged the public to learn cardiopulmonary resuscitation. CITY COUNCIL MINUTES Page 2, 3-20-95 PUBLIC INPUT FALSE ARREST CHARGES Onnolee Elliott, 13631 Yorba Street, Santa Ana, reported on unsuccessful efforts to meet with Council and staff regarding her false arrest by Tustin Police, and staff's failure to investigate the issues related to the arrest. Mayor Pro Tem Potts responded that Dr. Elliott had been issued a citation, not arrested; and he resented her continued false accusations against staff. PUBLIC I~K~RING - None CONSENT CAT.I~NDAR ( ITEMS 1 THROUGH 9 ) Item No. 5 was removed from the Consent Calendar by Mayor Pro Tem Potts. It was moved by Worley, seconded by Thomas, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. lo APPROVAL OF MINUTES - MARCH 6, 1995 REGULAR MEETING Recommendation: Approve City Council Minutes of March 6, 1995. · APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,052,998.39 and ratify Payroll in the amount of $325,119.62. · AWARD OF CONTRACT, FOURTH OF JULY FIREWORKS Recommendation: Award subject contract for a pyro-musical show to Lantis Fireworks in the amount of $9,000.00 as recommended by the Community Services Department. · TUSTIN AREA YOUTH ISSUES COMMITTEE AMENDMENT TO MEMORANDUM OF UNDERSTANDING Recommendation: Adopt amendment to the Tustin Area Youth Issues Committee Memorandum of Understanding changing the Committee membership as recommended by the Community Services Department. · AWARD OF CONTRACT FOR THE ACCESS RAMP INSTALLATION/MODIFICATIONS FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (CIP NO. 200035 AND 200036) Recommendation: Award contract for subject project to Lambaren Contractors in the amount of $204,868.51 as recommended by the Public Works Department/Engineering Division. · RESOLUTION NO. 95-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 95-1 Recommendation: Adopt Resolution No. 95-33 approving Lot Line Adjustment No. 95-1 as recommended by the Public Works Department/Engineering Division. · PROFESSIONAL SERVICES AGREEMENT FOR GEOTECHNICAL SERVICES FOR REMOVAL AND REPLACEMENT OF UNDERLYING ALLUVIUM AND EXISTING FILL CITY COUNCIL MINUTES Page 3, 3-20-95 IN LOTS 10 AND 18 OF TRACT NO. 13627 Recommendation: Approve subject Professional Services Agreement with Converse Consultants West in the amount of $27,500.00 and authorize the Mayor and City Clerk to execute same subject to finalization by the City Attorney as recommended by the Public Works Department/Engineering Division. · PLANNING 'COMMISSION ACTION AGENDA - MARCH 13, 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 March 13, 1995. CONSENT CALENDAR ITEM NO. 5 - AWARD OF CONTRACT FOR REMOVAL AND REPLACEMENT OF UNDERLYING ALLUVIUMAND EXISTING FILL IN LOT NOS. 10 AND 18 OF TRACT NO. 13627 (PROJECT NO. 700077, A.D. 86-2) Mayor Pro Tem Potts stated that the City had a bidding process which awarded contracts to the lowest qualified bidder. He noted the lowest bidder on the project was located in Ontario and the second lowest bidder was located in Orange County. He questioned the feasibility of awarding the contract to the Orange County contractor because of the County's financial problems and the minimal difference between the two bids' Council/staff discussion followed regarding potential repercussions of not awarding a contract to the lowest qualified bidder; exceptions when sales tax was applicable; and public works contracts were required by law to be awarded to the lowest responsible bidder. It was moved by Potts, seconded by Worley, to award contract for subject project to Cash Grading Contractors in the amount of $190,430.40. Mayor Pro Tem Potts noted the reason he had not questioned the contract award for Consent Calendar Item No. 6, Award of Contract for the Access Ramp Installation/Modifications for Compliance with the Americans with Disabilities Act, was because the second lowest bid by an Orange County contractor had been too high. Motion carried 5-0. REGULAR BUSINESS ( ITEMS 10 THROUGH 13 ) 10. ORANGE COUNTY BANKRUPTCY STATUS William Huston, City Manager, updated recent events including: the County, cities, and Motorola were drafting a joint powers agreement to expedite financing of the 800 megahertz system; impacts of County library budget reduction on hours of operation; negotiations between the County and Joint Powers Fire Authority regarding release of funds held by the County; proposed State legislation to divert 2 percent of Orange County property taxes to pay County bond holders; proposed increased sales tax; the CITY COUNCIL MINUTES Page 4, 3-20-95 11. 12. majority of the Board of Supervisors requesting cities adopt resolutions supporting placement of the sales tax increase on the June ballot; the City would receive 77 percent from the County in approximately 45 days; and the remaining monies would be repaid dependent upon the County's future financial condition. Council/staff discussion followed regarding school districts receiving 77 percent immediately and 13 percent in "good as gold" notes; and 800 megahertz system funds. Mayor Saltarelli remarked how the bankruptcy affected a wide variety of issues including eminent domain lawsuits; Joint Powers Fire Authority monies; and the expectation that William Popejoy would manage the County in an appropriate manner. CITY ATTORNEY PROPOSALS William Huston, City Manager, reported that the City received 25 Request for .ProPosals (RFP) for City AttorneY services and requested Council direction on a screening process. Council/staff discUssion ~followed regarding preparation of an RFP matrix; opposition to Council reviewing all 25 proposals due to lobbying by legal firms; screening by staff to reduce number of proposals for Council review; responsibility and importance of Council reviewing all 25 proposals; formation of Council subcommittee; separate selections of top 5-10 firms by Council and staff; holding final interviews in closed session; and elimination of firms through matrix process. William Huston, City Manager, suggested that staff submit the matrix to Council and provide copies of all 25 proposals to Councilmembers upon request. UPDATE OF CITY'S CONFLICT OF INTEREST CODE Lois Jeffrey, Interim City Attorney, reported that every two years cities and public agencies were required to review their Conflict of Interest Codes and update codes when necessary. She stated that the City's Code was in compliance with the law; however, adoption of the State's model Conflict of Interest Code would provide advantages sUch 'as all required provisions would be contained at the outset, and the Code would incorporate all statutory and regulatory changes. Mayor Saltarelli requested Section 5, Statement of Economic Interests: Time of Filing, be modified to state that the Initial Statement would be satisfied if a designated employee had filed a statement within 60 days of the Code's effective date. Council/staff discussion followed regarding modifying Section 8.1, Prohibition on Receipt of Gifts, to reflect restriction of $250.00; positions affected by the Conflict of Interest Code; and administrative policy prohibiting staff from accepting gifts. CITY COUNCIL MINUTES Page 5, 3-20-95 It was moved by Thomas, sec~d~diby..Worley, to adopt the following Resolution No. 95-29, amending Sections 5 and 8.1 of the Conflict of Interest Code; and repealing Resolution Nos. 81-61, 86-111, 91- 20, and 94-9: RESOLUTION NO. 95-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE MODEL CONFLICT OF INTEREST CODE BY REFERENCE, AMENDING THE LIST OF DESIGNATED POSITIONS, AND REPEALING RESOLUTION NOS. 81-61, 86-111, 91-20 AND 94-9 William Huston, City Manager, clarified that the Personnel Rules and Regulations prohibited staff from accepting gifts. Motion carried 5-0. It was moved by Thomas, seconded by Worley, that Ordinance No. 1147 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1147 by the Chief Deputy City. Clerk, it was moved by Thomas, seconded by Worley, that the following Ordinance No. l147'be introduced: 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. 13. POLICE PURSUITS Mayor Pro Tem Potts requested a staff report regarding High Speed Pursuits Spike System, a tire deflation device for police use. Council/staff discussion followed regarding logistics of placing the device in the roadway; and a report including costs would be submitted to Council in 30 days. PUBLIC INPUT - None OTHER BusINEss COMMENDATION - POLICE DEPARTMENT Councilmember Doyle commended the Police Department on a successful 30-day "sweep" arrest program. "VOICES AGAINST VIOLENCE" Mayor Pro Tem Potts noted that Dimension Cable would be broadcasting "Voices Against Violence" and encouraged residents to watch the program. CITY COUNCIL MINUTES Page 6, 3-20-95 THE IRVINE COMPANY PRESENTATION - EAST TUSTIN APARTMENT DEVELOPMENT Mayor Pro Tem Potts encouraged The Irvine Company to conduct presentations regarding the new apartment development in East Tustin, and suggested the Planning Commission postpone agendizing the matter until after The Irvine Company presentation. Councilmember Thomas supported a Town Hall meeting for The Irvine Company apartment development presentation. BASE CLOSURE MEETING IN WASHINGTON, D.C. Councilmember Worley reported on the recent base closure trip to Washington, D.C., and commended staff and Mayor Saltarelli for their expertise and contributions. Mayor Saltarelli reported on the base closure trip to Washington, D.C.; noted undesirable flight conditions; and commended staff for the excellent briefing provided to Council prior to the trip. COUNTY TREASURER'S OVERSIGHT COMMITTEE UPDATE Councilmember Thomas reported on his chairing the first meeting of the Treasurer's Oversight Committee for the County of Orange; appointment of John Moorlach as County Treasurer; an audit revealed over 40 violations had occurred during Treasurer Citron's term in office; new guidelines for the Treasurer's office would be modeled after Tustin's Investment Policy and Audit Committee concept; and noted proposed financial management strategies. SALES TAX TO REPAY BANKRUPTCY DEBT Councilmember Thomas stated he would never support imposing a sales tax on citizens to repay the County's bankruptcy'debt. COLUMBUS TUSTIN GYMNASIUM GRAND OPENING/SPORTS PARK Mayor Saltarelli commended staff on a successful gymnasium opening and was looking forward to the opening of the Sports Park. GRANT SALTARELLI Mayor Saltarelli noted his son, Grant, was attending the Council meeting. CLOSED SESSION. Mayor Saltarelli announced the City Council would convene in closed session to confer with the City Manager regarding compensation for management employees. ADJOURNMENT Mayor Saltarelli adjourned the meeting at 8:35 p.m. The next regular CITY COUNCIL MINUTES Page 7, 3-20-95 .~eeting of the City Council was scheduled for Monday, April 3, 1995, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. THOMAS R. 8ALTARELLI, MAYOR MARY E. WYNN, CITY CLERK