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HomeMy WebLinkAbout01 MINUTES 03-20-95 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MARCH 6, 1995 NO. 1 3-20-95 CALL TO ORDER The meeting was called to order by Mayor Saltarelli at 7:05 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. Pn~D~E OF ]LT.,LEGIANCE Celebration USA "Catch the Spirit" Singers performed the Pledge of Allegiance Song. Mayor Saltarelli led the Pledge of Allegiance. INVOCATION The Invocation was given by Rev. Henry Sellers, First Baptist Church of Tustin. 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, AssistantCity Manager W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Valerie Crabill, Chief Deputy City Clerk Dan Fox, Senior Planner Rick Brown, Building Official Dana Kasdan, Engineering Services Manager Gary Veeh, Water Services Manager Bettie Correa, Senior Personnel Analyst Approximately 40 in the audience PROC~TION WILLIAM A. MOSES.II, FORMER EDITOR/OWNER OF TUSTIN NEWS Mayor Saltarelli read and presented a proclamation to William A. Moses II, retiring owner and publisher of the Tustin News. William Moses reminisced about Tustin's history and thanked Council for the proclamation. ~UBLIC INPUT - None CITY COUNCIL MINUTES Page 2, 3-6-95 PUBLXC~r~TN~ ( XTEM 1 ) lo AMENDMENT TO VESTING TENTATIVE TRACT MAP NO. 14188 (STANDARD PACIFTC) Dan Fox, Senior Planner, reported that in 1990;~. Council approved the subdivision of an approximate 19-acre site, located west of Township Drive, to accommodate 57 single-family detached residential dwellings. He stated 16 of the 57 dwellings had been completed and the applicant was requesting approval for three new residential product types which would be added to the project build-out. He explained that the total number of dwelling units for the project would not be increased; the proposed unit size; the developer had met with staff and residents during the design review process; and he described the decorative pavement treatments, monument signs, and upgraded landscaping. Mayor Saltarelli opened the public hearing at 7:25 p.m. The following member of the audience spoke in favor of the Amendment to Vesting Tentative Tract Map No. 14188: David Foell, Standard Pacific Homes There were no other speakers on the subject and the public hearing was closed at 7:26 p.m. It was moved by Thomas, seconded by Worle¥, to approve the Environmental Determination for the project by adopting the following Resolution No. 95-26: RESOLUTION NO. 95-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR AMENDMENT TO VESTING TENTATIVE TRACT MAP NO. 1418.8 AND DESIGN REVIEW 94-033 AND ALL FEASIBLE MITIGATIONMEASURESHAVEBEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Thomas, seconded by Potts, to approve an amendment to Vesting Tentative Tract Map No. 14188 by adopting the following Resolution No. 95-27: RESOLUTION NO. 95-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT TO VESTING TENTATIVE TRACT MAP NO. 14188 Motion carried 5-0. CONSENT C.~T.,~rHDAB ( XTE~S 2 '~U~"H 8 ) Item No. 7 was removed from the Consent Calendar by Councilmember CITY COUNCIL MINUTES Page 3, 3-6-95 Thomas. It was moved by potts, seconded by Worley, 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 amoun~ of $1,062,342.83 and ratify Payroll in the amount of $623,619.79. APPROVAL OF MINUTES - FEBRUARY 21, 1995 REGULAR MEETING Recommendation: Approve City Council Minutes of February 21, 1995. · ACCEPTANCE OF PUBLIC IMPROVEMENTS ANDAUTHORIZATION FOR REDUCTION OF IMPROVEMENT BONDS, TRACT NO. 13627 Recommendation: Accept the public improvements for Tract No. 13627 and release the Faithful Performance Bond, Labor and Materials Bond, and Monumentation Bond subject to executing replacement subdivision agreements and bonds for the remaining public improvements as recommended by the Public Works Department/ Engineering Division. · AWARD CONTRACT FOR WATER MAIN REPLACEMENT PROJECTS, PROJECT NO. 600117 Recommendation: Award the contract for subject project to RLT Construction, Inc. of Anaheim, in the amount of $163,415.00 as recommended by the Public Works Department/Water Division. 0 RESOLUTION NO. 95-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND REPAIRAND AUTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR PUBLIC FACILITIES AND IMPROVEMENTS SOUTHWEST NEIGHBORHOOD COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING Recommendation: Adopt Resolution No. 95-28 accepting the works of improvement and repair and authorizing 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. Bo PLANNING COMMISSION ACTION AGENDA - FEBRUARY 27, 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 February 27, 1995. CONSENT CALENDAR ITEM NO. ? - RESOLUTION NO. 95-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING A SURVEY AREA FOR REDEVELOPMENT PURPOSES (MARINE CORPS AIR STATION, TUSTIN) Councilmember ThomaS questioned the feasibility of designating two Councilmembers to meet with City of Irvine Council representatives in order to reach agreement regarding the redevelopment survey area. CITY COUNCIL MINUTES Page 4, 3-6-95 Christine Shingleton, Assistant City Manager, responded that the City of Irvine had requested sovereignty control over the 80 acres in their City, which was not legally possible. She recommended, due to time constraints, Council approve designating the survey area for redevelopment study purposes withoutincluding the City of Irvine's 80 acres. ~ Council/staff discussion followed regarding the process for project area creation; conditions imposed by the City of Irvine; and meeting.with members of Irvine's City Council to negotiate a solution. William Huston, City Manager, stated that' it was important to proceed with approval of the survey area due to the time schedule of the base closure and Base Reuse Plan; inclusion of Irvine's 80 acres was not critical to Tustin's redevelopment project plan; and the City of Irvine had indicated additional time was needed to study the plan. Council/staff discussion followed regarding the City of Irvine had been initially contacted about the redevelopment survey area in April 1994; Irvine's lack of experience in creating a redevelopment area; Tustin was the lead agency for the base reuse project; the City's proposed agreement with the City of.Irvine regarding tax increments and zoning control of the 80 acres; Tustin's lack of jurisdiction over Irvine's 80 acres; scheduling a joint meeting between the City and the City of Irvine; and the advantages to the City of Irvine from joining the redevelopment survey area plan. It was moved by Thomas, seconded by Worley, to adopt Resolution No. 95-31 designating a survey area for redevelopment study purposes for the area including, and surrounding, the Marine Corps Air Station, Tustin. Motion carried 5-0. THROUGH 3.4 ) o 1994-95 MID-YEAR BUDGET REVIEW William Huston, City Manager, summarized the mid-year budget including the projected General Fund balance; Assembly Bill 8's (ABS) affect on the General Fund; transfer of $1,066,000 from the General Fund to the Capital Projects Fund; recession impact on the Capital Projects Fund; and 15.8 percent reserve in the General Fund. Council/staff discussion followed regarding operating expenditures; facility operation expenses; draft budget analysis of contracting services; Orange County bankruptcy impact on the budget; Capital Project Fund deposit for the 800 megahertz system; potential percentage loss of 800 megahertz deposit; and interim financing proposed by Motorola for the 800 megahertz system. CITY COUNCIL MINUTES Page 5, 3-6-95 It was moved by ThOmas, seconded by Worley, to appropriate $190,000 from the Equipment Replacement Fund balance for police vehicles and other equipment needing replacement; transfer $600,000 from the General Fund reserve to the Capital Projects Fund; and transfer $466,000 from the General Fund (the amount that had been budgeted to cover the anticipated loss~ to the State due to ABS) to the Capital Projects Fund. Motion carried 5-0. AUDITOR SELECTION (Agenda Order) Mayor Pro Tem Potts requested this item be taken out of agenda order. The following member of the audience spoke regarding the Request for Proposal evaluation process; and noted the Audit Committee's recommendation was not based primarily on the lowest bid: A1 Shifberg-Mencher, Audit committee Chairperson Council/speaker discussion followed regarding the firms' proposed audit effort hours; qualification of five firms to perform City auditor duties; and past embezzlement involvement of one of the bidding firms. Mayor Saltarelli noted that because of the importance of proposed audit hours, the Audit Committee's ranking of each firm, the firms' proposals and resumes, he supported selection of Conrad and Associates as the City's auditor. Council/speaker/staff disCussion followed regarding the contract amount paid to the City's current auditors; the number of hours the current auditors worked annually; audit effort hours; proposed bid amounts; supporting the Audit Committee's recommendation; Moreland & Associates' qualifications and proposed audit pricing; and the auditor contract consisting of five one-year renewable contracts. The following member of the audience spoke in support of internal audit controls: Berklee Maughan, Tustin It was moved by Thomas, seconded by Worley, to select Moreland & Associates as City Auditors. Mayor Saltarelli stated that he was opposed to the selection of Moreland & Associates based primarily upon the number of proposed audit effort hours. He emphasized the importance of time required to perform the task; complimented the Audit Committee on their input; and noted that his decision was not reflective of the Audit Committee's recommendation. Motion carried 4-1, Saltarelli opposed. CITY COUNCIL MINUTES Page 6, 3-6-95 ORANGE COUNTY BANKRUPTCY STATUS William Huston, City Manager, reported that the County of Orange proposed to immediately reimburse 77 cents -to cities; Orange County cities' position that the remaining 23 cents' must be secured; possible State trustee intervention; potential 23 percent loss of the City's'800 megahertz system deposit; bankruptcy impact on Measure M monies; creation of the Orange County Fire Joint Powers Authority; fire budget for next year would not be increased; and potential bankruptcy impacts on the County library system. Council/staff discussion followed regarding potential conflict of interest with the Orange County District Attorney's investigation of the County bankruptcy; mayors of the 31 cities involved in the Orange County Investment Pool signing a letter rejecting the County's proposal of 77 cent reimbursement and demanding 100 percentsecurity of the money; implementation of public relations campaign to inform citizens of Orange County cities' position regarding the County's proposed reimbursement plan; status of agencies and school districts that had borrowed money to invest in the Orange County Investment Pool; the cities' joint motion to support the 77 cent payback; and the Board of Supervisors forcing cities' compliance by withholding repayment of the remaining 23 cents. ADDITION TO CLASSIFICATION PLAN, SENIOR ACCOUNTANT Mayor Pro Tem Potts requested that the new employee, as their first assignment, write and/or update an internal operations manual. William Huston, City Manager, responded that because of the detail involved in completing a written internal control process, staff would submit an operations manual progress report in 30 days. It was moved by Doyle, seconded by Thomas, to adopt the following Resolution No. 95-30 adding the position of Senior Accountant to the Classification Plan and to the salary schedule with the following salary range: Step A, $3,496; Step B, $3,671; Step C, $3,854; Step D, $4,047; and Step E, $4,250: RESOLUTION NO. 95-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN Motion carried 5-0. ORDINANCE NO. 1145 - ZONE CHANGE 94-006 (CALIFORNIA PACIFIC HOMES) It was moved by Thomas, seconded by Worley, that Ordinance No. 1145 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1145 by the Chief Deputy City Clerk, it was moved by Thomas, seconded by CITY COUNCIL MINUTES Page 7, 3-6-95 Worley, to adopt the following Ordinance No. 1145: ORDINANCE NO. 1145 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 94-006 TO AMEND SUBSECTION "a" OF SECTION 3.6.3.C3 OF THE EAST TUSTIN SPECIFIC PLAN ENTITLED "PROJECTIONS INTO REQUIRED SETBACKS" RELATED TO THE DEVELOPMENT STANDARDS FOR THE CONSTRUCTION OF PATIO COVER AND TRELLIS STRUCTURES WITHIN PATIO HOME DEVELOPMENT Motion carried 5-0 (roll call vote). 13. ORDINANCE NO. 1146 - CODE AMENDMENT 95-001 (CITY OF TUSTIN) It was moved by Thomas, seconded by Worle¥, that Ordinance No. 1146 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1146 by the Chief Deputy City Clerk, it was moved by Thomas, seconded by Worle¥, to adopt the following Ordinance No. 1146: ORDINANCE NO. 1146 --AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 95-001, ADDING SUBSECTION (e) REGARDING REAPPLICATION FOR DISCRETIONARY LAND USE APPROVALS, AND SUBSECTION (f) REGARDING REQUESTS FOR MODIFICATION OF CONDITIONS OF APPROVAL, TO SECTION 9293 OF THE TUSTIN CITY CODE Motion carried 5-0 (roll call vote). 14. AUDITOR SELECTION See page 5. PUBLIC INPUT - None O~B~R BUSINESS CLOSED SESSION ITEM NO. 3 Lois Jeffrey, Interim City Attorney, requested language correction on Closed Session Item No. 3 stating the negotiating parties were the City of Tustin and Jamboree Properties. SENIOR HOUSING Mayor Pro Tem Potts requested a report from staff exploring ideas for building an additional senior housing development in the City. INTERN PROGRAM Mayor Pro Tem Potts suggested implementation of a City intern program. ALARM ORDINANCE Mayor Pro Tem Potts requested review of the alarm operation CITY COUNCIL MINUTES Page 8, 3-6-95 ordinance and the number of allowable false alarms. CITY ATTORNEY BILLABLE HOURS - SIGNS/SIGNREPORT Mayor Pro Tem Potts noted nine billable hours the City Attorney 'charged to signs, questioned if that was related~to the time limit for removal of political signs, and requested a sign status report at the March 20, 1995 Council meeting from the City Attorney. ADJOURNMENT INMEMORY OF DR. FRANCIS DUGANJR., DR. GEORGE BRAUEL, ANTHONY SHANKS, AND RANDY BREDING Mayor Pro Tem Potts requested adjournment in memory of Orange County physicians Francis MarkoeDugan, Jr. and George Brauel, and pilots Anthony Shanks and Randy Breding, who were killed in an airplane accident in route to Mexico on a medical mission. ADJOURNMENT IN MEMORY OF ARTHUR WILLS Mayor Pro Tem Potts requested adjournment in memory of Councilmember Worley's grandfather, Arthur Wills, who passed away on March 4, 1995. PROCLAMATION - MICHAEL RAMOSKA Councilmember Worley requested a proclamation for Michael Ramoska, who saved the life of Angela Reisinger following a bicycle accident. SOUTHWEST.AREA ALLEYS Councilmember 'Worley noted progress of repairs to the southwest area private alleys. CITIZEN POLICE ACADEMY Councilmember Worley reported she was .looking forward to her participation in the Citizen Police Academy. PROCLAMATION - TUSTIN HIGH SCHOOL BOYS BASKETBALL TEAM Councilmember Thomas congratulated the Tustin High School Boys Basketball team for a successful season and advancing to the CIF finals, and requested proclamations be awarded. TREASURER,S OVERSIGHT COMMITTEE FOR THE COUNTY OF ORANGE Councilmember Thomas reported his pleasure at being appointed to the Treasurer's Oversight Committee for the County of Orange. TUSTIN NATIONAL LITTLE LEAGUE Mayor Saltarelli noted his attendance at the opening ceremonies for the Tustin National Little League and reported the field had been dedicated to the City of Tustin in recognition of the City's CITY COUNCIL MINUTES Page 9, 3-6-95 financial suppOrt. COLUI~BUS TUSTIN GYIQ~SIUM DEDICATION/SPORTS PARK Mayor Saltarelli reported the Columbus Tustin Gymnasium dedication would be held on March 11, 1995 and noted the'~:.future opening of the Sports Park. ' COLONEL WILLIAM HAM MERLE Mayor Saltarelli commended Marine Corps Air Station Tustin commander, Colonel William Hammerle, for the support he had given to the City and area youth. CLOSED SESSION Mayor Saltarelli announced the City Council would convene in closed session: (1) to confer with.the City Manager regarding compensation for management employees; (2) to confer with the City Attorney regarding Alexis Martinez vs Carol Allen, City of Tustin, City of Santa Ana, State of California, DCSC No. 733838; and (3) to confer with their Real Property Negotiator regarding 3075-3095 Edinger Avenue, Tustin, California. The negotiating parties were the City of Tustin and Jamboree Properties. Both price and terms of payment were under negotiation. ~O~P~MENT Mayor Saltarelli adjourned the meeting at 8:47 p.m. in memory of Dr. George Brauel, Randy Breding, Dr. Francis Markoe Dugan Jr., Anthony Shanks, and Arthur Wills. The next regular meeting of the City Council was scheduled for Monday, March 20, 1995, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. T~OMAS R. SALTARELLI, MAYOR MARY E. WYNN, CITY CLERK