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HomeMy WebLinkAboutCC MINUTES 1995 01 16MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JANUARY 16, 1995 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Saltarelli at 7:05 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Mayor Pro Tem Potts. The Invocation was given by Mayor Saltarelli. ROLL CALL Council Present: Thomas R. Saltarelli, Mayor Jim Potts, Mayor Pro Tem Mike Doyle 2. Jeffery M. Thomas (arrived at 9:40 p.m.) Tracy A. Worley Council Absent: None City Clerk Wynn: Absent Others Present: William A. Huston, City Manager Lois Jeffrey, Interim City Attorney i W. Douglas Franks, Chief of Police 5. Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Robert Ruhl, Field Services Manager Valerie Crabill, Chief Deputy City Clerk 6. Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Com. Development Rick Brown, Building Official Gary Veeh, Water Service Manager Bettie Correa, Senior Personnel Analyst Doug Anderson, Transportation Engineer 7. Melissa O'Neal, Recreation Supervisor Randy Westrick, Recreation Supervisor Katie Pitcher, Administrative Assistant Approximately 60 in the audience PUBLIC INPUT - None PUBLIC HEARING - None CONSENT CALENDAR (ITEMS 1 THROUGH 14) Items No. 3 and 9 were removed from the Consent Calendar by Mayor Saltarelli. It was moved by Doyle, seconded by Worley, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 4-0, Thomas absent. 1. APPROVAL OF MINUTES - JANUARY 3, 1995 REGULAR MEETING Recommendation: Approve the City Council Minutes of January 3, 1995. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,327,539.41 and ratify Payroll in the amount of $311,330.75. 380-10 4. 360-82 REJECTION OF CLAIM N0. 94-51 - CLAIMANT, JOSEPHINE SIMON; DATE OF LOSS, 11/23/94; DATE FILED WITH CITY, 11/28/94 Recommendation: Reject subject claim for property damages in the i amount of $50.00 as recommended by the City Attorney. 180-10 5. REJECTION OF CLAIM NO. 94-49 - CLAIMANT, DEAN WRIGHT; DATE OF LOSS, 8/9/94; DATE FILED WITH CITY, 11/10/94 Recommendation: Reject subject claim for property damages in the amount of $351.33 as recommended by the City Attorney. 180-10 6. RESOLUTION NO. 95-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PARCEL MAP NO. 93-176 Recommendation: Adopt Resolution No. 95-7 approving Final Parcel Map No. 93-176 (Bart Duesler) as recommended by the Community Development Department. 600-- 7. RESOLUTION NO. 95-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN REPLACEMENT PROJECTS (CITY PROJECT NO. 600117) AND CITY COUNCIL MINUTES Page 2, 1-16-95 AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 95-8 approving plans and specifications and authorizing advertisement for bids for subject project as recommended. by the Public Works Department/Water Division. 400-45 8. JAMBOREE ISLAND WATERING Recommendation: Receive and file subject report as recommended by the Public Works Department/Field Services. 730-50 10. PROFESSIONAL SERVICES AGREEMENT - DESIGN OF WATER MAIN REPLACEMENTS AT THE 17TH STREET, SANTA CLARA AVENUE, AND FAIRHAVEN AVENUE INTERSECTIONS OF STATE ROUTE 55 (CITY PROJECT 600127) Recommendation: Authorize the Mayor and City Clerk to execute a Professional Services Agreement with IWA Engineers for design of water main replacements at 17th Street, Santa Clara Avenue, and Fairhaven Avenue necessitated by the widening of SR -55 Freeway as recommended by the Public Works Department/Water Division. 400-10 11. PLANNING COMMISSION ACTION AGENDA - JANUARY 91 1995 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of January 9, 1995. 120-50 12. PARTICIPATION IN AN EXPERIMENTAL -SPEED REDUCTION PROGRAM ON JAMBOREE ROAD BETWEEN IRVINE BOULEVARD AND THE NORTH CITY LIMITS Recommendation Direct staff to prepare and forward a letter to the California Traffic Control Devices Committee requesting authorization to participate in an experimentalspeedreduction program on Jamboree Road between Irvine Boulevard and the north City limits as recommended by the Public Works Department/ Engineering Division. 760-40 13. AUTHORIZATION TO PURCHASE POLICE DEPARTMENT COMPUTERIZED RECORDS AND DISPATCH SYSTEMS Recommendation: (1) Authorize expenditure of $323,476.00 to OCS Technologies, Pleasanton, California, for computer software necessary to implement Police Department Records Management System and Computer -Aided Dispatch System; (2) Authorize the Police Department to execute a five-year lease with Hewlett Packard Corporation for host computer hardware necessary for software implementation in the amount of $103,338.00; and (3) Authorize the expenditure of $37,738.00 to Cedar Computer, Torrance, California, for the purchase of personal computer hardware and networking software for implementation ofthePolice Department's computer system as recommended by the Police Department. 380-40 LWD 1 D 14. AWARD OF CONTRACT FOR INSTALLATION OF TRAFFIC SIGNALAND SAFETY LIGHTING AT TUSTIN RANCH ROAD/PIONEER WAY Recommendation: Award contract for subject project to Signal Maintenance, Inc. in the amount of $84,105.00 as recommended by the Public Works Department/Engineering Division. 400-45 CONSENT CALENDAR ITEM NO. 3 - REJECTION OF CLAIM NO. 94-52 - CLAIMANT, RAYMOND BROOKS; DATE OF LOSS, 6/6/94; DATE FILED WITH CITY, 12/5/94 Mayor Pro Tem Potts stated that this incident had occurred in Santa Ana and he was amazed the claimant's attorney had filed the claim against the cities of Santa Ana, Tustin, and Irvine. Mayor Saltarelli said that it was basic practice for a lawyer to ascertain the correct parties involved in a case to prevent malicious prosecution suits; and he suggested the City Attorney forward a letter to the claimant's attorney regarding filing a claim against the wrong entity. Council/staff discussion followed regarding staff time involved in responding to the claim; recouping costs from the attorney; a lawsuit had not been filed; and consequences to the attorney for filing a wrongful suit in court. CITY COUNCIL MINUTES Page 3, 1-16-95 Lois Jeffrey, Interim City Attorney, stated she would meet with the Claims Administrator to draft a letter warning attorneys of the consequences for filing wrongful claims against the City. Council discussion followed regarding necessary action to prevent frivolous lawsuits filed against the City. It was moved by Potts seconded by Worley, amount. , to reject subject claim for personal injury and property damages of an undetermined Motion carried 4-0, Thomas absent. 180-10 CONSENT CALENDAR ITEM NO. 9 - STATUS REPORT: TRAFFIC SIGNAL INSTALLATION AT BRYAN AVENUE/PARRCENTER LANE Councilmember Worley requested an update from staff of developers' responses regarding retention of bonds/deposits and delaying construction of the traffic signal. She stated that under normal traffic conditions, one traffic signal per thousand residents was recommended; however, Tustin had approximately two traffic signals per thousand residents. She said that she did not want another signal installed unless it was absolutely necessary. It was moved by Potts, seconded by Worley, to receive and file subject report. Motion carried 4-0, Thomas absent. 760-65 REGULAR BUSINESS (ITEMS 15 THROUGH 25) 15. PRESENTATION OF ASSESSMENT DISTRICT REFUNDING �... Ronald Nault, Finance Director, reported that Council had directed staff to proceed with Assessment District Nos. 85-1 and 86-2 refunding. He stated the City's consultants, Bartle Wells Associates and Paine Webber Inc., would present an outline of the financing approach utilizing a Joint Powers Authority for the assessment district refunding. Council/staff discussion followed regarding forwarding the financing information for Audit Committee review. Lora Stovall, Bartle Wells Associates, summarized the financing concept including the number and amount of City -issued fixed and variable-rate bonds; the financing team composition; the refunding approach; and Joint Powers Authority. Council/speaker discussion followed regarding reasons for using the Joint Powers Authority structure. Dan Gangwish, Paine Webber Inc., stated that the intention of the financing concept was to pool the fixed-rate properties into one bond issue to create better credit; establish AAA bond insurance; and reduce borrowing cost and residents' annual payments. Council/speakers/staff discussion followed regarding the process of residents' assessment district payments to the City and bond r^�+ holders; evaluation of the City's credit standing by rating agencies and bond insurers; construction funds; County of Orange bankruptcy's impact on assessment district refunding; educating the market that the refunding was an assessment -based financing concept; and the importance of immediate action due to a potential interest rate increase. Lora Stovall, Bartle Wells Associates, summarized the bond issuance process and refunding schedule. William Huston, City Manager, noted that formal agreements for the assessment district refunding would be presented to Council at future meetings. 340-50 340-40 CITY COUNCIL MINUTES Page 4, 1-16-95 16. EAST TUSTIN DEVELOPERS REQUEST FOR SATURDAY WORK APPROVAL Rick Brown, Building Official, reported that The Irvine Company had requested Council consideration of Saturday construction during the hours of 9:OO a.m. to dusk. A number of complaints by area residents had been received regarding equipment deliveries and early morning, late evening, and weekend construction noise. He noted that the Planning Commission had imposed.conditions on Tustin Ranch subdivision construction and the Municipal Code contained noise restrictions. He said that inconsistencies were discovered in the Municipal Code regarding Saturday construction and enforcement." He 'summarized the ordinance including measuring decibel levels; inconsistency of permitting Saturday construction; and the East Tustin Specific Plan penalty provisions. He stated staff had met with the developers and residents to resolve the issue without success Orange County cities survey revealed Saturday construction was permitted by all cities; and area homeowner associations and developers had been notified of the issue's review by Council. Mayor Saltarelli stated his concern regarding the noise ordinance ambiguity and allowing Saturday construction; and suggested setting specific hours for Saturday construction. The following members of the audience spoke in opposition to East Tustin Saturday construction: Elain Nermon, 2460 Kiser, Tustin (submitted petitions) Nick Speliopoulos, 2435 Kiser, Tustin Katharina Martinka, 13437 N. Mackay Court, Tustin Jerry Kress, 10921 Gray Place, Tustin Charley Stoll, 2170 Lindsey, Tustin Jane Anderson, Sevilla Homeowners Association President Michael Nermon, 2460 Kiser, Tustin The following member of the audience spoke regarding allowing Saturday construction with enforcement of subcontractor violations: Debra Curry, 2560 Alister Avenue, Tustin Council/speakers discussion followed regarding the developer monitoring subcontractors; advantages to area residents and developers to allow Saturday construction; after second or third noise violation the developer would lose Saturday work privileges; setting specific construction hours; utilizing the code enforcement officer; inconsistency of the noise ordinance; and lack of permission to developers for Saturday construction in Tustin Ranch. The following member of the audience spoke in favor of East Tustin Saturday construction: Mike LeBlanc, The Irvine Company Council/speakers discussion followed regarding improving developer control over subcontractors and supply deliveries; clarifying the noise ordinance; residents working with the developers to resolve the noise problem; and submittal of a report indicating future construction in the Tustin Ranch area. Rick Brown, Building Official, clarified that the existing noise ordinance contained a penalty provision to issue citations; suggested elimination of decibel levels in the ordinance; stated Orange County cities' survey revealed the code enforcement department supervised noise regulations; and he noted past approval of limited Saturday construction where public health and safety were not impacted and construction was separated from occupied residential areas. Council/staff/speakers discussion followed regarding public health and safety; the difficulty of measuring noise levels; eliminating decibel noise levels in the ordinance; continuing Building Official discretion of Saturday construction; reviewing Orange CITY COUNCIL MINUTES Page 5, 1-16-95 County cities' ordinances that allow Saturday construction; The Irvine Company meeting with area residents to discuss the issues; residents calling the police department if noise violations occurred; Saturday construction accelerating completion of projects; and developers policing their subcontractors. The following member of the audience requested The Irvine Company provide their construction noise policy prior to meeting with area residents: Al Hinsling, Tustin, Council/speakers discussion followed regarding The Irvine Company and residents meeting to discuss developer construction guidelines. It was moved by Potts seconded by Saltarelli, item. to continue this Motion carried 4-0, Thomas absent. 230-65 Recessed the meeting at 9:12 p.m.; Reconvened at 9:25 p.m. 17. ORANGE COUNTY BANKRUPTCY STATUS Mayor Saltarelli noted his attendance at a meeting with the Creditor's Committee regarding the Orange County Bankruptcy. He summarized that other city officials were displeased with the County's lack of communication regarding County activities; commended the Creditor's Committee in ascertaining the release of property tax monies; public officials' request that the Board of Supervisors present a plan for 100 percent reimbursement to creditors; school districts should be a priority for fund repayment; agencies should be protected against bond issue defaults; the affect of the bankruptcy on Tustin Ranch residents' assessment and Mello Roos district bonds; affect on the school district's general fund; formation of the Orange County Pools; public contacting the Board of Supervisors urging the County to return 100 percent of funds to agencies; and he requested a City resolution asking that the Board of Supervisors present a plan for 100 percent reimbursement to all creditors. William Huston, City Manager, reported that a hearing was set for January 26, 1995 to discuss the County's release of property tax money; the County had withheld $1.2 million of City property tax money; the expectation that the County would release the property tax money to the City within a couple of weeks; $636,000.00 deposited with the County for the 800 megahertz communication system was still in question; the County notified the City that rent for Fire Station 37 would be delayed; County's request and City denial of forgiving the rent payment; the Fire Joint Powers Authority was at risk; the $1.9 million in Proposition 116 funds for the rail station were held by the State; trading Proposition 116 monies for Measure M money; potential impact on Measure M funds; $150,000.00 held by the County that had been allocated for the Jamboree Road widening; and the impact on the Jamboree Road/Edinger Avenue overpass project. Councilmember Worley stated that the Creditor's Committee attorney at the League of Cities meeting indicated it was unlikely 100 percent return to creditors would occur; however, the Committee was attempting to make an equitable pay back to creditors. Mayor Saltarelli responded that County assets and 18,000 employees provided an opportunity for larger reductions than what was currently underway. He stated the County would probably increase sales taxes to recover the money; the County's current plan to recover the money would affect the City; residents must contact the Board of Supervisors demanding 100 percent reimbursement; and the potential impact on County libraries. Councilmember Doyle stated his concern regarding the County spending $600,000.00 to hire a public relations firm from Los CITY COUNCIL MINUTES Page 6, 1-16-95 Angeles; urged citizens to contact the Board of Supervisors voicing disagreement in hiring a public relations firm; and requested a City resolution opposing the County hiring a public relations firm. Mayor Pro Tem Pottsstatedhe would support the resolution; questioned the County's action in hiring over 190 new employees after laying off approximately 150 employees; believed that the County's government was antiquated and opposed the County — Treasurer as an elected position. Councilmember Thomas stated his displeasure with the County's lack of communication; the County's projection of a 30 percent loss was a conditioning process; opposed the Solomon Brothers contract with the County; noted several firms had offered free advice to the County and Request for Proposals were not issued; South Orange County's discussion to secede and form their own County; the importance of Orange County cities working together in solving the problem; noted John Moorlach's qualifications; and Orange County firms should be hired to manage Orange County's investment portfolio. Mayor Saltarelli reiterated his request that a resolution be drafted calling for a plan from the Board of Supervisors for 100 percent reimbursement to all creditors. Council discussion followed regarding the City's willingness to work with the County; prioritizing repayment of funds; Board of Supervisors taking responsibility for the bankruptcy and pledging to resolve the matter; and public officials involvement in the restitution plan. 150-20 18. MONTHLY INVESTMENT REPORT It was moved by Doyle, seconded by Thomas, to receive and file subject report. Motion carried 5-0. 355-50 Council/staff discussion followed regarding review of the Investment Policy at the joint Audit Committee and Council meeting; 5 -year bond duration; and computer software. 19. ASSESSMENT DISTRICT DELINQUENCIES It was moved by Doyle, seconded by Worley, to receive and file subject report. Motion carried 5-0. 340-40 340-50 20. SET MEETING DATE FOR JOINT MEETING WITH AUDIT COMMITTEE Council concurred to meet with the Audit Committee on February 6, 1995, at 5:30 p.m. 120-10 21. AUTHORIZATION TO ENTER INTO NEGOTIATIONS FOR ADVERTISING BUS SHELTERS PROGRAM It was moved by Potts seconded by Thomas, to authorize staff to enter into negotiations with Patrick -Target Media for an exclusive advertising bus shelter franchise agreement. Council/staff discussion followed regarding negotiation guidelines; performance standards; and the number of firms contacting staff during the 2 -week extension. Motion carried 5-0. 690-35 22. CHANGES TO THE TUSTIN AREA YOUTH ISSUES COMMITTEE MEMORANDUM OF UNDERSTANDING It was moved by Potts seconded by Doyle, to reduce Council membership to one and appoint Al Murray as member -at -large. CITY COUNCIL MINUTES Page 7, 1-16-95 23. 24. Motion carried 5-0. 125-85 ANALYSIS OF RED LEFT -TURN ARROWS AT SIGNALIZED LOCATIONS Tim Serlet, Director of Public Works, reported staff investigated the possible removal and replacement of red left -turn arrows with protected/permissive signals. He noted the number of protected left -turn arrows in the City; the recent replacement of protected/permissive signals with protected left -turn signals based upon accident history; City policy to install protected left -turn arrows when traffic met the State minimum criteria; protected/permissive signals created delay, fuel consumption, Pollution, and increased accidents; coordination of traffic signals; 25 percent of City traffic accidents in the past 3 years were caused by right-of-way violations; and staff recommended maintaining the current policy regarding installation of protected left -turn phasing at signalized locations on arterial highways. Mayor Pro Tem Potts remarked on the lack of traffic signal coordination in the City; one vehicle turning left triggered the intersection; traffic congestion in Tustin; City of Irvine's reduction of 38 signals to protected/permissive; requested traffic accident history at those Irvine intersections; major intersections should have red left -turn arrows during peak hours; and reduction of traffic and improved traffic flow in the City. Councilmember Worley clarified that she did not want to remove every red left -turn arrow in the City as misquoted in an Orange County Register newspaper article. She stated unnecessary traffic delays were a growing frustration to drivers and requested staff investigate the accident history in Irvine where protected/permissive signals were utilized. Tim Tim Serlet, Director of Public Works, stated that the 38 Irvine intersections did not meet minimum State traffic warrant criteria when the protected red left -turn arrows were installed; the Orange County Traffic Engineering Council did not recommend installation of protected/permissive signals if a system was coordinated, contained a certain number of approach lanes, and contained site problems; and the Engineering Council was hesitant to quantify accide t d 4 -- n a a and recommended each agency set their own accident statistics. Council/staff discussion followed regarding the City's protected left -turn arrows met minimum traffic warrant criteria; the Engineering Council cautioned cities from installing protected/permissive signals because traffic signals vary in each jurisdiction; obtaining accident history at City intersections; and assessment district signals. It was moved by Thomas seconded by Worley, to receive and file subject report. Motion carried 5-0. COUNTY AUTO THEFT TASK FORCE 760-62 It was moved by Potts seconded by Doyle, to continue this item to the February 6, 1995 Council meeting. Motion carried 5-0. 150-20 25. APPROVE TUSTIN COMMUNITY FOUNDATION BOARD OF DIRECTORS RESOLUTION NO. 95-1 TO AMEND BYLAWS CONCERNING NUMBER OF MEMBERS AND COMPOSITION OF MEMBERS TO THE BOARD OF DIRECTORS Melissa O'Neal, Recreation Supervisor, reported that the Tustin Community Foundation Board of Directors had discussed the need to expand the Board not to exceed fifteen members to include additional people with business contacts in the community. It was moved by Worley seconded by Thomas, to approve Tustin Community Foundation Board of Directors Resolution No. 95-1 to amend the Bylaws of the Tustin Community Foundation as follows: CITY COUNCIL MINUTES Page 8, 1-16-95 (1) Change the number of City Councilmembers from two (2) members to one (1) member on the Board of Directors, and (2) Increase the number of Boardmembers to not to exceed fifteen (15) members. These Boardmembers would serve three year terms and be elected by a four-fifths (4/5) vote of the city Council. Motion carried 5-0. 125-45 PUBLIC INPUT -'None OTHER BUSINESS CLOSED SESSION William Huston, City Manager, requested the Closed Session be continued. CASE SWAYNE PROPERTY ACQUISITION Lois Jeffrey, Interim City Attorney, reported on the completion of the Case Swayne property acquisition. UTT PROPERTY Lois Jeffrey, Interim City Attorney, reported on the near completion of code enforcement action on the Utt property. FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY Mayor Pro Tem Potts reported on Foothill/Eastern Transportation Corridor Agency meeting activities. SOUTHWEST AREA Mayor Pro Tem Potts reported on his involvement in the recent arrest of shoplifters in the Southwest area and the need for strict enforcement and aggressive redevelopment of the Southwest area. LEAGUE OF CITIES COMMUNITY SERVICES COMMITTEE Councilmember Worley reported on League of Cities Community Services Committee meeting activities, and reported that she had joined the Library Task Force Sub -committee. LETTER REGARDING ORANGE COUNTY REGISTERARTICLE Councilmember Worley noted that she would not respond to an anonymous letter sent to her regarding a misquote in the Orange County Register. TUSTIN PRIDE COMMITTEE MEMBERSHIP Councilmember Thomas requested staff assist the Tustin Pride Committee in recruiting new membership. BOYS AND GIRLS CLUB Councilmember Thomas noted the Tustin Boys and Girls Club $25,000.00 funding for a portable facility at Heideman School had been withdrawn by the County of Orange and he requested staff explore alternative funding and submit recommendations at the February 6, 1995 Council meeting. COUNCILMEMBER THOMAS 1994 LOCAL ELECTED OFFICIAL Mayor Saltarelli reported that Councilmember Thomas had been chosen by the Orange County Republican Party as the Local Elected Official of 1994. CITY COUNCIL MINUTES Page 9, 1-16-95 ORANGE COUNTY SANITATION DISTRICT COMMITTEE Mayor Saltarelli reported on Orange County Sanitation District Committee activities and noted the recent flood and sewage problems caused by releasing flood waters into the sewer system. TRANSFER OF PARR DEVELOPMENT LAND Mayor Saltarelli requested agendizing at the next Marine Corps Air Station Tustin Base Closure meeting the transfer of 80 acres for park development to another agency other than the County of Orange. CLOSED SESSION It was moved by Doyle seconded by Potts, to continue closed session: (1) to confer with the City Attorney regarding pending litigation entitled In Re: County of Orange, U.S.B.C. Case No. SA 94-22272 JR, and In Re: Orange County Investment Pools, U.S.B.C. Case No. SA 94-22273 JR; and (2) to confer with Nick Nichols, the City's labor negotiator. The employee organizations involved in potential negotiations are Tustin Municipal Employees Association and Tustin Police Officers Association. Unrepresented employees are management and confidential units. Motion carried 5-0. ADJOURNMENT Mayor Saltarelli adjourned the meeting at 10:55 p.m. The City Council had scheduled a joint meeting with the Tustin Unified School District Board of Education on Wednesday, February 1, 1995, at 7:00 p.m., in the Council Chambers; scheduled a joint meeting with the Audit Committee on February 6, 1995, at 5:30 p.m., in the Council Chambers; and the next regular ,,..meeting of the City Council was scheduled for Monday, February 6, 1995, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. 16117 J V THOMAS R. SAPARELLI, MAYOR RY E. WYNN, CITY,CLERR