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Home My WebLink AboutCC MINUTES 2005 07 05 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JULY 5, 2005 BUDGET WORKSHOP CALL TO ORDER - 5:00 P.M. ATTENDANCE Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Councilmembers Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Maria R. Huizar, Chief Deputy City Clerk William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: City Manager Huston presented proposed Y 2005/06 Budget. The draft operating budget for all funds ensures that reserves are at levels that protect the City's financial interests and provide the flexibility to adjust in the future if needed. Through prudent financial planning, the City has been able to sustain consistent levels of services while: Maintaining a 15% General Fund operating reserve for cash flow, investment income and any unforeseen contingencies; . Absorbing the annual loss of property tax revenue shifted to the Educational Revenue Augmentation Fund (ERAF) as mandated by the State; In fiscal years 2004-05 and 2005-06, absorbing the loss of over one million dollars in additional General Fund revenue shifts to the State; . Transferring monies to the capital improvement and park development funds in order to complete essential projects; . Transferring monies to the liability fund to meet obligations for the City's self-insured retention level. Reviewed FY 2005-06 Total Resources and Total Expenses. Provided overview on funds that are restricted, partially restricted and general funds. State Impacts on General Fund Educational Revenue Augmentation Fund-diverts property tax revenue to education. Since 1992-93 loss totals $19,036,081 . 2003-04 State budget-reduced Vehicle License Fee (VLF) rate and diverted $1.3 million to State. State "promises" to repay Proposition 57-Known as the "triple flip." Provides a revenue stream State needs to secure recovery bonds by: 0 Reduced City share of sales tax from 1.0% to .75% 0 Lost sales tax is replaced by property taxes (i.e., ERAF) City Council Meeting Minutes July 5, 2005 Page 1 otB 0 Schools are made whole by State general funds . 2004-05 State budget-cities agree to a package deal in exchange for Governor's support of Proposition 1A 0 VLF replacement is enacted pursuant to Proposition 1A Property tax revenue (ERAF) is used to replace lost VLF ($3.8 million in 2004-05 and in 2005-06) 0 Cities agree to lose VLF revenue in 2004-05 and 2005-06. Tustin's share is $1 million each year. Proposition 1A-provides certain constitutional protections against diversion of local government revenue 0 Locks in sales tax revenue for cities 0 1/4Ø lost due to Proposition 57 is replaced when recovery bonds are paid off (property tax backfill would be eliminated) 0 State is prohibited from further reduction of VLF rates unless cities are made whole 0 Limits ability of State to divert local government funds in the future through preconditions 0 No future diversion can occur until VLF taken in 2003-04 is replaced ($1.3 million) Since 2003-04 City has lost $8 million in General Fund revenue diverted to the State Reviewed FY 2005-06 General Fund Resources and Expenses and compared Capital Improvement and Operating expenses. Council discussion ensued. Council moved to place adoption of Budget at next regularly scheduled Council meeting. Adjourned to Closed Session at 6:02 p.m. CLOSED SESSION CALL TO ORDER - 6:03 P.M. PUBLIC INPUT - None CLOSED SESSION ITEM A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Property defined within the Master Developer footprint at Tustin Legacy (the former Marine Corps Air Station Tustin) including Reuse Plan Disposal Parcels 4, 5, 6, 7, 8, 13, 14, 15, 16, 17, 25, 26, 27, 28, 29, 30, 31 and portions of Reuse Plan Disposal Parcel 40. City Council Meeting Minutes July 5, 2005 Page 2 of B City Negotiators: Christine Shingleton, Assistant City Manager and Amy Freilich, Special Legal Counsel. Negotiators for Tustin Legacy Community Partners: Jack R. Lindquist, and Richard Douglass. Godard, Susan Under Negotiation: Price and Terms of Payment. PUBLIC MEETING CALL TO ORDER - 7:06 P.M. INVOCATION - Walt Sullens, Chaplain, Tustin American Legion Post 227 COLORS PRESENTATION & PLEDGE OF ALLEGIANCE - Tustin American Legion Post 227 ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Councilmembers Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Maria R. Huizar, Chief Deputy City Clerk William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: PRESENTATIONS . Orange County Human Relations Commission certificate presented to Tustin Police Department . Citywide Blood Drive, Friday July 8th at Clifton C. Miller Community Center from 11 a.m. to 5 p.m. CLOSED SESSION REPORT - Nothing to report. FIRST PUBLIC INPUT - None CONSENT CALENDAR - Mayor Pro Tem Davert pulled Agenda Item 6 for separate discussion. It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to approve Consent Calendar items 1 through 5, and 7 through 9 as recommended by staff. Motion carried 5-0. City Council Meeting Minutes July 5, 2005 Page 3 of B 1. 2. 3. 4. 5. 6. 7. APPROVAL OF MINUTES - SPECIAL MEETING OF JUNE 6, 2005 AND REGULAR MEETING OF JUNE 20 , 2005 Motion: Approve the Special Meeting Minutes of June 6, 2005 and Regular City Council Meeting Minutes of June 20, 2005. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $728,771.89; $9,676.86; $200,999.41; and $2,321,616.85 and Payroll in the amount of $515,322.50. PLANNING ACTION AGENDA - JUNE 27, 2005 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Motion: Ratify the Planning Commission Action Agenda of June 27, 2005. CONSIDERATION OF CLAIM OF HA BEALL, CLAIM NO. 05-19 Motion: Deny the claim and direct Staff to send notice thereof to the Claimant. COLUMBUS SQUARE AND COLUMBUS GROVE HOUSING ASSIGNMENT AGREEMENTS (CONVEYANCE MAPS 16857 AND 16792) Motion: Authorize the City Manager to execute the attached Assignment Agreements and any future Assignment Agreements on behalf of the City of Tustin. FOOTHILL/EASTERN APPOINTMENT TRANSPORTATION CORRIDOR AGENCY Mayor Pro Tem Davert and Councilmember Amante recognized Councilmember Hagen for her work as past boardmember of the Agency. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to appoint Councilmember Amante as representative and Mayor Bone as alternate to the Foothill/Eastern Transportation Corridor Agency. Motion carried 5-0. APPROVAL OF PLANS AND SPECIFICATION AND AUTHORIZATION TO City Council Meeting Minutes July 5, 2005 Page 4 of B ADVERTISE FOR BIDS FOR THE RED HILL AVENUE/OLWYN DRIVE PEDESTRIAN ENHANCEMENT PROJECT (CIP NO. 4067) Motion: Adopt resolution. RESOLUTION NO. 05-54 - A resolution of the City Council of the City of Tustin, California approving Plans and Specifications for the Red Hill Avenue/Olwyn Drive Pedestrian Enhancement Project (CIP No. 4067), and authorizing advertisement for bids 8. FINAL TRACT MAP 16792 FOR CONVEYANCE PURPOSES (COLUMBUS GROVE) Motion: Adopt resolution, RESOLUTION NO. 05-79 - A resolution of the City Council of the City of Tustin approving Final Tract Map 16792 to subdivide 86.26 acres into twelve (12) parcels for conveyance purposes 9, FINAL TRACT MAP 16857 FOR CONVEYANCE PURPOSES (COLUMBUS SQUARE) Motion: Adopt resolution, RESOLUTION NO. 05-80 - A resolution of the City Council of the City of Tustin approving Final Tract Map 16857 to subdivide 105,5 acres into fifteen (15) numbered and five (5) lettered parcels for conveyance purposes REGULAR BUSINESS 10, FEE WAIVER PERMIT FOR THE TUSTIN PUBLIC SCHOOLS FOUNDATION 2005 DINOSAUR DASH Motion: It was moved by Councilmember Hagen, seconded by Mayor Pro Tem Davert, to grant a fee waiver of staff costs and equipment of $7,400.00 and issue a permit for the 2005 Dinosaur Dash. Motion carried 5-0. 11, APPOINTMENT OF CULTURAL RESOURCES COMMISSIONERS Three positions on the Cultural Resources Advisory Committee are available due to term expirations, The City advertised said vacancies in the City's website and in the Tustin News. Incumbents M, Brian Sjoberg, John Radice, and Lucy Burch were the only applicants for said vacancies, Appointments will be for a four-year City Council Meeting Minutes July 5, 2005 Page 5 of B term, expiring July 1, 2009. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to re-appoint M. Brian Sjoberg, John Radice, and Lucy Burch to a four- year term expiring July 1, 2009. Motion carried 5-0. 12. ADOPTION OF RESOLUTION AMENDING EXHIBIT "A" TO RETAINER AGREEMENT FOR CITY ATTORNEY SERVICES Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to adopt resolution, Motion carried 5-0. RESOLUTION NO. 05-82 - A resolution of the City Council of the City of Tustin, California, approving amended Exhibit "An to the retainer agreement for City Attorney Services 13. APPROVAL OF THE AMENDED RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT ON ASSESSOR PARCEL NO. 430-252-09 FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147) The proposed amended resolution will authorize Legal Counsel to acquire a temporary construction easement by condemnation for the Edinger Avenue (Smart Street) Widening Project (CIP No. 7147). In order to construct this project, a temporary construction easement is required. Mayor Bone requested that testimony from the property owner or the property owner's representative be made at this time, Mike Kehoe of Palmieri, Tyler, Wilhelm, and Waldron LLP, representing the Russell property owners, submitted letter of opposition and addressed some concerns that the Russell family have on the matter. City Attorney Jeffrey indicated that Mr. Kehoe is not a representative of the property owner, but the former property owner, thus not party to condemnation action. Property owner as listed in the Agenda Report was notified and given opportunity to address Council. Mr. Kehoe's office did provide the City with comments about proposed Resolution of Necessity because City provide them with notice since they are former owners and still party to pending lawsuit. Mr. Kehoe has no right to speak on behalf of property owner. Regarding ambiguity of proposed resolution of necessity all the ambiguities the court noted have been corrected in particular the term in use attached to the legal description, Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to adopt resolution (Requires a 4/5 vote), Motion carried 5-0. RESOLUTION NO, 05-81 - An amended resolution of the City Council of City Council Meeting Minutes July 5, 2005 Page 6 of B the City of Tustin, State of California, authorizing and directing the City Attorney and/or Special Legal Counsel to acquire by condemnation certain real property interests in the City of Tustin, State of California, and to obtain immediate possession thereof for the Edinger Avenue Widening Project (CIP No. 7147) and declaring the public convenience and necessity thereof; [Temporary Construction Easement only] SECOND PUBLIC INPUT - Refer to First Public Input for information, OTHER BUSINESS / COMMITTEE REPORTS Council member Amante: . Attended 1st meeting of Measure M Super Committee appointed by League of Cities, serves on subcommittee for Investment Plan; Attended meeting of State Policy Revenue and Taxation Committee, several proposals recommended including lowering boundaries to 55% to get bonding & raise revenue, imposing utility taxes on telecommunications and a split tax roll; Attended installation for new officers at Chamber of Commerce, congratulated new President Mary Hill; and Congratulated staff on a terrific 4th of July celebration and Tustin Meadows for hosting a parade. Councilmember Kawashima: Enjoyed 4th of July Parade at Tustin Meadows and the fireworks display at Tustin High School; and Proposed parks at Tustin Legacy would have lit fields, high demand from residents. Councilmember Hagen: Congratulated staff on a great fireworks display. Mayor Pro Tem Davert: Great parade and fireworks display; Thanked staff for budget workshop, City in good financial health, suggested looking at opportunities for redevelopment in needed areas; . Announced Police Department promotion ceremony Wednesday evening; Orange County Vector Control District report - West Nile Virus infections were up in Orange County, reminded everyone to remove any standing water, cover up in the evening and wear mosquito repellent; and Interested in looking into mesh net or WiFi, a citywide wireless network to improve city and its infrastructure. Mayor Bone: Santa Ana River Flood Protection Agency, attended Prado Dam grand opening of Visitor Center, encouraged everyone to see it; Attended League of Cities meeting, sits on Transportation, Communication and Public Works committee, reported that cable companies can place utility boxes underground City Council Meeting Minutes July 5, 2005 Page 7 of B for a small cost, staff should consider updating ordinances relating to fiber optics due to legislation changes in future and phone land lines were becoming obsolete with more people using cell phones; . Announced Federal government considering taking over all cable franchises from cities and counties; Congratulated Mary Hill, new president of Tustin Chamber of Commerce; Expressed gratitude to Tustin Meadows residents for 4th of July parade; Thanked staff for fireworks show at Tustin High School, over 25,000 in attendance; and . Announced hours for Learning Center and computer labs at the Tustin Area Senior Center. ADJOURNMENT - 7:33 P.M. - The next regular meeting of the City Council was scheduled for July 18, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. LOU Bo¿f ~ ~ cfffi~ MELA STOKER, City Clerk Mayor City Council Meeting Minutes July 5, 2005 Page B of B