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HomeMy WebLinkAbout03 MINUTES 02-20-01 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA. FEBRUARY 5, 2001 No. 03 02-20-0I 7:03 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: Convened at 6:03 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE - Counciimember Doyle INVOCATION - Counciimember Bone ROLL CALL Tracy Wills Worley, Mayor; Jeffery Thomas, Mayor Pro Tem; Counciimembers Lou Bone, Mike Doyle, and Tony Kawashima None Pamela Stoker William A. Huston, City Manager; Christine Shingleton, Assistant City Manager; Lois Jeffrey, City Attorney; Doug Holland, Assistant City Attorney; George' Jeffries, City Treasurer; Ronald A. Nault, Finance Director; Steve Foster, Chief of Police; Elizabeth Binsack, Director of Community Development; Arlene Marks, Director of Human Resources; Tim Serlet, Director of Public Works; Police Captain Robert Schoenkopf; Police Captain Frank Semelsberger; Karen Peterson, Senior Planner; Scott Reekstin, Senior Planner; Joe Meyers, Senior Management Analyst; Doug Anderson, Senior Project Manager; Chu Thai, Senior Management Analyst; Minoo Asabi, Assistant Planner; Beverley White, Chief Deputy City Clerk; and approximately 300 in the audience. CLOSED SESSION - At 6:03 p.m. Mayor Worley opened the Public Input. There were no speakers in the audience and the Public Input was closed. Mayor Worley announced the City Council would convene in closed session to confer with the City Attorney regarding .(1) pending' litigation pursuant to Government Code Section 54956.9(a), Francisco Becerra Romero vs. City of Tustin, et. al OCC01096, and (2) significant threat of litigation, pursuant to Government Code Section 54956.9(b)(3)(C), claim of Elmar William Munoz and claim of James Baca. It was moved by Doyle, seconded by Bone, to add the following to the Closed Session due to an immediate need t© take .action that arose after the agenda was posted' Minutes- City Council February 5, 2001 - Page 1 Various. speakers Phil Cox Cox Market Plaza Marilyn Jacobs Tustin The City Council shall convene in closed session to confer with the City Attorney regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b)(2)(D) (three (3)cases). Motion carried 4-0, Thomas absent. CLOSED SESSION STATEMENT It was moved and seconded to deny the claim of Eimar William Munoz. Motion carried 5-0. It was moved and seconded to deny the claim of James Baca. Motion carried 5-0. PROCLAMATION - None PUBLIC INPUT The following members of the audience spoke in opposition to the MCAS Tustin Base Reuse Plan' Randy Parraz, Santa Ana Linda Sanchez-Valentine, Orange Manuel Caldon Charlie LaChance, United Food & Commercial Workers Colette M. McLaughlin, Irvine Art Montez, L.U.L.A.C. Ruben Smith, General Counsel for SAUSD Antonio Espinosa, Santa Ana Carol Kikuta, Principal of John Adams Elementary Michaela Favela, Santa Ana Christine Anderson, Principal at Carl Harvey Elementary Mayor Worley recessed the meeting at 7'15 p.m. and the meeting was reconvened at 7:21 p.m. Mayor Worley recessed the meeting at 7'21 p.m. and the meeting was reconvened at 7:37 p.m. Spoke on the beautiful appearance of the planters on El Camino Real and Main and thanked staff for its help on the project; and announced the opening of a new restaurant, El Camino Grill, in Old Town. Presented a petition on quieting train noise, requested City assistance in finding a solution to the noise, and requested agendizing the issue at the next Council meeting. Minutes-City Council February 5, 2001 - Page 2 Jennifer Parvin Tustin Modified Planning Commission's approval and directed staff to provide a report on gate policy at a future Council meeting Spoke on overcrowded conditions at a Tustin Unified School District school and in other districts statewide, and the misplacement of responsibility for overcrowding on the Tustin City Council. PUBLIC HEARING (ITEM 1 ) I o APPEAL OF PLANNING COMMISSION APPROVAL OF ADMINISTRATIVE ADJUSTMENT 00-001 AND DESIGN REVIEW 00-024 Mayor Worley opened the Public Hearing at 8:20 p.m. The following members of the audience spoke in support of pedestrian access from Lot F' Barbara Austin, 2366 Cranston Ln., Tustin Alexandra McLaughlin, 11792 Borum Ave., Tustin Richard Edgar, 1950 E. Santa Clara #1, Santa Ana Lauren Austin, 2366 Cranston Ln., Tustin Juliana McLaughlin, 11792 Borum Ave., Tustin Doug Davert, 17492 Parker Dr., Tustin Jamie Worley, 11852 Borum Ave., Tustin Carole Gatti, 11802 Borum Ave., Tustin Mark Gower, 11795 Borum Ave., Tustin Clare Kogler, 11752 Beswick PI., Tustin Lance Robinson, Santa Ana Katie Gatti, 11802 Borum Ave., Tustin Maralys Wills, Santa Ana The following members of the audience spoke in opposition to pedestrian access from Lot F: Pete Grande, 11775 Riehl Ave., Tustin David L. Parker, 11556 Padias Ln., Tustin Christy Marlin, Tustin Ranch Estates Unidentified Speaker, Tustin Ranch Estates Wendy Grande, 11775 Riehl Ave., Tustin John Kohn, Tustin Ranch Estates Mayor Worley closed the Public Hearing and recessed the meeting at 9'02 p.m. Mayor Worley reconvened the meeting at 9:10 p.m. It was moved by Thomas, seconded by Doyle, to include fencing and locked pedestrian gates across Lot F, and directed staff to provide a report at a future Council meeting regarding gate policy. Minutes-City Council February 5, 2001 - Page 3 Approved Ratified Approved Approved Approved Elizabeth Binsack announced that staff would provide a modified resolution at the next City Council meeting. Motion carried 4-1, Worley opposed. CONSENT CALENDAR (ITEMS 2 THROUGH 19 ) Items No. 13 and 16 were removed from the Consent Calendar by Mayor Pro Tem Thomas and Councilmember Bone, respectively. It was moved by Doyle, seconded by Bone, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. . APPROVAL OF MINUTES- JANUARY 16, 2001 SPECIAL AND REGULAR MEETINGS Recommendation' Approve the City Council Minutes of January 16, 2001. . PLANNING COMMISSION ACTION AGENDA- JANUARY 22, 2001 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 ef January 22, 2001. . APPROVAL OF DEMANDS AND F~TIFICATION OF PAYROLL Recommendation' Approve Demands in the amount of $2,158,85'3.50 and ratify Payroll in the amount of $658,280.58. . EXTENSION OF AMBULANCE SERVICE CONTRACT Recommendation: Extend the contract ambulance service contract for the City of Tustin (Ambulance Service Area 23), with Doctor's Ambulance Service effective July 1, 2001, for July 1, 2001, for a period of three (3) years, to expire June 30, 2004 as recommended by the Police Department. o LEASE AGREEMENT- REPLACEMENT OF PHOTOCOPIER EQUIPMENT Recommendation: Authorize the City Manager to execute a 60-month lease, maintenance and supply agreement with Image IV Systems, Inc. for three digital photocopiers, subject to approval by the City Attorney, as recommended by the Office of the City Clerk. Minutes- City Council February 5, 2001 - Page 4 Adopted Resolution No. 01-07 Adopted Resolution No. 01-.12 Approved' Approved Approved o . . 10. 11. RESOLUTION NO. 01-07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLANS Recommendation: Adopt Resolution No. 01-07 amending the City's Classification and Compensation Plans as follows: 1) Adopt new classification specifications and corresponding · salary ranges for the positions titled Payroll Specialist, Information Technology Specialist, Senior Information Technology Specialist, and Administrative Services Manager; 2) Increase the City's Classification Plan by one position allocation; and 3)Increase the salaries for the part- time un-represented classifications of Recreation Aide, Recreation Leader, Recreation Program Assistant/Day Camp Counselor, Sports Field Maintenance Aide and Reception Clerk as recommended by the Director of Human Resources. RESOLUTION NO. 01-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING TIM D. SERLET, DIRECTOR OF PUBLIC WORKS/CITY ENGINE.ER TO ACT AS CITY OF TUSTIN'S DESIGNATED REPRESENTATIVE AND TO SIGN AND SUBMIT A LOAN APPLICATION FOR SAFE DRINKING WATER STATE REVOLVING FUND FOR THE PASADENA WELL PROJECT (CIP NO. 6130) Recommendation: Adopt Resolution No. 01-12 designating the Public Works DirectodCity Engineer, Tim D. Serlet, as the City's designated representative for the loan application and authorizing Mr. Serlet to submit the loan application for the Pasadena Well Construction as recommended by the Public Works DepartmentA~ater Services Division. CLAIM OF MARALEE J. HINES; CLAIM NO. 00-41 Recommendation' Reject the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys as recommended by the City Attorney. CLAIM OF NElL A. MARQUEZ; CLAIM NO. 00-40 Recommendation' Reject the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys as recommended by the City Attorney. CLAIM OF TRAVIS M. DULGERIAN; CLAIM NO. 00-39 Recommendation' Reject the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys as recommended by the City Attorney. Minutes-City Council February 5, 2001 - Page 5 Adopted Resolution No. 01-04 Adopted Resolution No. 01-10 Approved Approved Approved 12. 14. 15. 17. 18. RESOLUTION NO. 01-04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOP, MAJOR BUILDING FACILITY PROJECT FY 2000-2001 (CIP NO. 1032) Recommendation: Adopt Resolution No. 01-04 approving the plans and specifications for the Major Building Facility Project FY 2000-2001 (CIP No. 1032) and authorizing and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 01-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNAL MODIFICATIONS AND INTERCONNECT AT MCFADDEN AVENUE AND WILLIAMS STREET AND AT MCFADDEN AVENUE AND RITCHEY STREET (CIP NO. 4057) Recommendation: Adopt Resolution No. 01-10 approving plans and specifications for traffic signal modifications and interconnect at the intersections of McFadden Avenue and Williams Street and at McFadden Avenue and Ritchey Street, and authorizing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. PRINTING SERVICES AGREEMENT BETWEEN THE CITY AND APEX PRINTING & BUSINESS SYSTEMS Recommendation: Approving the Agreement for Services between the City and Apex Printing & Business Systems as recommended by the Parks and Recreation Services Department. AWARD OF CONTRACT FOR ANNUAL MAJOR MAINTENANCE PROJECT, 2000/2001 FY (CIP NO. 7001) Recommendation: 1) Declare the bid from Roy Allan Slurry Seal, .Santa Fe Springs, CA as non-responsive for failure to provide the contractor's license required by the specifications; and 2) Award the construction contract for the Annual Major Maintenance Project, 2000/2001 FY (CIP No. 7001) to All American Asphalt, Corona, CA, the responsive iow bidder, in the amount of $588,588.58, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Engineering Division. AWARD OF CONTRACT FOR THE CONSTRUCTION OF MAIN STREET WATER FACILITIES IMPROVEMENTS (ClP NOS. 6103 AND 6108) Minutes- City Council February 5, 2001 - Page 6 Adopted Resolution No. 01-11 Adopted Resolution No. 01-06 Given Recommendation: Award the construction contract for the Main Street Water Facilities Improvements to SSC Construction, inc. of Corona, California in the amount of $6,216,641.00 and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works DepartmentNVater Services Division. ITEMS REMOVED FROM CONSENT CALENDAR 13. RESOLUTION NO. 01-11 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNAL INSTALLATION AT PIONEER ROAD AND PIONEER WAY (ClP NO. 4060) Council/staff diScussion followed regarding traffic congestion and reckless driving at the intersection; and the traffic signal was designed with safety features and would render the intersection safer than it was at present. It was moved by Thomas, seconded by Bone, to adopt Resolution No. 01-11 as recommended by the Public Works Department/Engineering Division. Motion carried 5-0. 16. ASSIGNMENT OF LEASE AT THE TUSTIN FAMILY & YOUTH CENTER Council/staff discussion followed regarding the logistics of · the assignment and liability. It was moved by Bone, seconded by Thomas, to adopt the following Resolution No. 01-06: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ASSIGNMENT OF THE LEASE AGREEMENT AT THE TUSTIN FAMILY & YOUTH CENTER. Motion carried 5-0. REGULAR BUSINESS (ITEMS 20 THROUGH 23 ) 20. NATURAL GAS PRICES Judy Woolen, Public Affairs Director, Southern California Minutes- City Council February 5, 2001 - Page 7 Adopted Resolution No. 01-08 All new commissioners to be selected 3/21; selection method will remain the same; resignation requirement will remain the same; and introduced Ordinance amending terms of Commissioners 21. 22. Gas Company, gave a presentation on the status of natural gas prices. EXTENSION OF THE JOHN WAYNE AIRPORT SETTLEMENT AGREEMENT It was moved by Thomas, seconded by Bone, to adopt the following Resolution No. 01-08 supporting the City of Newport Beach's efforts with the County of Orange to extend the John Wayne Airport Settlement Agreement for a .period of twenty (20) years and to duly consider impacts of the extension on communities within the John Wayne Airport corridor; or, take other action as deemed appropriate: RESOLUTION NO. 01-08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXPRESSING THE CITY'S CONCERNS REGARDING AIRPLANE NOISE AT JOHN WAYNE AIRPORT AND SUPPORTING THE EFFORTS OF THE ORANGE COUNTY BOARD OF SUPERVISORS AND THE CITY OF NEWPORT BEACH TO EVALUATE A POSSIBLE EXTENSION OF THE CURRENT JOHN WAYNE AIRPORT SETTLEMENT AGREEMENT Motion carried 5-0. ORDINANCE REGARDING THE TERMS AND APPOINTMENT OF PLANNING COMMISSIONERS AND PARKS AND RECREATION COMMISSIONERS It was moved by Bone, seconded by Doyle, to allow Counciimembers to appoint Commissioners. Motion failed 3-2, Worley, Thomas, and Kawashima opposed. It was moved by Doyle, seconded by Thomas, that the Commission selection process remain the same. Motion carried 4-1, Bone opposed. It was moved by Thomas, seconded by Kawashima, to have first reading by title only and introduce an Ordinance to include amending the terms of Commissioners to three consecutive two-year terms, to be seated March 21, 2001, with successive terms beginning on March Ist. Lois Jeffery, City Attorney, read the following Ordinance by title only'. Minutes-.City Council February 5, 2001 - Page 8 Approved staff recommendation and scheduled a goal setting workshop on March 5, 2001 at 5:00 p.m. 23. AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF TUSTIN REGARDING THE TERMS AND APPOINTMENT OF PLANNING COMMISSIONERS AND PARKS AND RECREATION COMMISSIONERS Motion carried 5-0. 2000-2001 MID-YEAR BUDGET REVIEW It was moved by Doyle, seconded by Thomas, to approve the following adjustments to the authorized fiscal year 2000-01 budget: a. Transfer of an additional $1.9 million from the projected Unappropriated Reserves of the General Fund to the Capital Improvement Fund to accumulate reserves for the proposed Seven Year Capital Improvement Program. Total transfer to the ClP Fund will be $3.1 million. b. Transfer of an additional $800,000 from the projected Unappropriated Fund Balance of the General Fund to the Park Development Fund. Total transfer to the Park Development Fund will be $1,548,000. c. Transfer of $1,000,000 from the projected unappropriated Fund Balance of the Water Fund to the Water Capital Improvement Fund. d. Designate an additional reserve of $200,000 from the projected unappropriated reserves of the General Fund as a reserve for electricity cost uncertainties. e. Designate an additional reserve of $300,000 from the projected unappropriated reserves of the Water Fund as a reserve for electricity cost uncertainties. Transfer of $400,000 from the projected unappropriated reserves of the General Fund to the Liability Fund to increase reserves for future claims. g. Authorization of-supplemental budget appropriatiOns in the amounts of $5,255,000 from the Water Capital Improvement Fund, $50,000 from the General Fund, $400,000 from the Water Fund, $10,000 from the Worker's Compensation Fund and $49,000 from the Liability Fund. Motion carried 5-0. Minutes-City Council February 5, 2001 - Page 9 PUBLIC INPUT Doug Davert Tustin Stated he was appalled at comments made by speakers during Public Input regarding MCAS Tustin Base Reuse Plan. OTHER BUSINESS UTILITIES Councilmember Doyle requested an Attorney General representative be present at the next Council meeting to address how light usage by citizens will be monitored; and requested a representative from Southern California Edison address rates at an upcoming Council meeting. Councilmember Bone requested staff brief the public on lowering wattage of lighting throughout the City. Staff responded on steps the City would/had implemented. Mayor Pro Tem Thomas stated he was upset about the electricity surcharge and gas shortage; and commented on the current drought. MCAS TUSTIN BASE REUSE PLAN Councilmember Doyle stated he was tired of Council and staff being accused of being racist regarding the MCAS Tustin Base Reuse Plan issue. Councilmember Kawashima spoke on a recent newspaper article depicting him as a racist and said he took exception, considering his family history of camp internment during the war. Mayor Pro Tem Thomas commented on the racist issue regarding MCAS Tustin Base Reuse Plan action; and encouraged citizens to write letters to the editor supporting the base plan. CITY OF TUSTIN Councilmember Bone stated that a recent news article named Tustin one of the most affordable places to live in Orange County. STAFF SHOWCASE Councilmember Bone requested a new program, Staff Showcase, be implemented to honor one employee a month. COMMENDATION - POLICE DEPARTMENT Mayor Worley thanked the Police Department for their efforts during the Council meeting. Minutes-City Council February 5, 2001 - Page 10 LEFT TURN ARROWS Mayor Worley questioned if the left protected arrows removal program was continuing. Tim Serlet, Public Works Director, replied that the program was continuing. COMMITTEE REPORTS SANITATION DISTRICT Councilmember Kawashima spoke on ground water replenishment. LIBRARY Councilmember Kawashima requested information on library funding. Christine Shingleton responded that staff would present a report to Council at a future meeting. ADJOURNMENT - Mayor Worley adjourned the meeting at 11'18 p.m. The next regular meeting of the City Council was scheduled for Tuesday, February 20, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. TRACY WILLS WORLEY, MAYOR PAMELA STOKER, CITY CLERK Minutes- City Council February 5, 2001 - Page 11