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HomeMy WebLinkAboutCC MINUTES 2001 12 035:30 P.M. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:01 P.M. Given Given Council Present: Council Absent: City Clerk: Others Present: None None Phil Cox MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA DECEMBER 3, 2001 CLOSED SESSION- 5:30 P.M. CALL TO ORDER ROLL CALL Mayor Tracy Wills Worley (arrived at 5:31 p.m.), Mayor Pro Tem Jeffery M. Thomas (arrived at 5:45 p.m.), Councilmembers Lou Bone, Mike Doyle and Tony Kawashima None Pamela Stoker (Absent) William A. Huston, City Manager; Lois Jeffrey, City Attorney; Beverley White, Chief Deputy City Clerk; and 0 in the audience. PUBLIC INPUT CLOSED SESSION -Mayor Worley announced that the City Council would convene in closed session to confer with the City Attorney regarding (1) Pending litigation to which the City is a party 1. Garcia v. City of Tustin, Case Number 01CC02149 (state court matter), 2. Santa Ana Unified School District, et al. v. City of Tustin, et al., Case Number 01CC02595 (state court matter), and 3. Santa Ana Unified School District, et al. v. City of Tustin, et al., Case Number CV-01-3426 W JR (CTX) (federal court matter). REGULAR MEETING - 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Mayor Pro Tem Thomas INVOCATION- Reverend Brian Kent, Aldersgate United Methodist Church ROLL CALL Mayor Tracy Wills Worley, Mayor Pro Tem Jeffery M. Thomas, Councilmembers, Lou Bone, Mike Doyle and Tony Kawashima None . Pamela Stoker William A. Huston, City Manager; Christine Shingleton, Assistant City Manager; Lois Jeffrey, City Attorney; Steve Foster, Chief of Police; Mark Bergquist, Police Sergeant; Tim Serlet, Director of Public Works; Elizabeth Binsack, Director of Community Development; Doug Anderson, Senior Project Manager; Dana Kasdan, Engineering Services Manager; Jim Draughon, Redevelopment Program Manager; Sam Altowaiji, Field Services Manager; Carol Ruane, Senior Human Resources Analyst; Gary Magill, Recreation Superintendent; Mark Nix, Recreation Services Coordinator; Beverley White, Chief Deputy City Clerk; and approximately 75 in the audience. CLOSED SESSION REPORT PROCLAMATION FIRST PUBLIC INPUT Requested agendizing building an Old Town parking lot and mid Minutes- City Council December 3, 2001 - Page I Matt Fletcher, 2600 Michelson Drive Irvine, CA Ken Morrison, 10851 Alstot Court Tustin, CA Approved Approved Approved Adopted Resolution No. 01-114 Adopted Resolution No. 01-112 block cross walk. Requested clarification on Consent Calendar Item No. 12 whether the item referred to Parcel 5 or Parcel 3. Lois Jeffrey, City Attorney, responded Consent Calendar item No. 12 referred to Parcel 5. Requested Council support the Orange County Central Park by adopting a resolution. PUBLIC HEARING (ITEM 1) . SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) Mayor Worley opened the public hearing at 7'16 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Thomas, seconded by Kawashima, to authorize usage of the funds as recommended by the Police Department. Motion carried 5-0. CONSENT CALENDAR (ITEMS 2 THROUGH 12.1 ) Mayor Worley requested Item No. 12, Acceptance of Quitclaim for Parcel 5, MCAS, Tustin and Authorization to Enter Into a Ground Lease with the Orange County Rescue Mission, be removed from the Consent Calendar. It was moved by Thomas, seconded by Kawashima, to approve the remainder of the Consent Calendar as recommended by Staff. Motion carried 5-0. , APPROVAL OF MINUTES- November 19, 2001 REGULAR MEETING Recommendation' Approve the City Council Minutes of November 19, 2001. , , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation' Approve Demands in the amount of $2,689,302.10 and ratify Payroll in the amount of $859,911.39. . RESOLUTION NO. 01-114- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE NEWPORT AVENUE AND MAIN STREET TRAFFIC SIGNAL MODIFICATION (CIP NO. 4061) Recommendation: Adopt Resolution No. 01-114 approving plans and specifications for the Newport Avenue and Main Street Traffic Signal Modification (CIP No. 4061 ), and authorizing and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. , RESOLUTION NO. 01-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2001- 2002 (ClP NO. 7001), AND ANNUAL SIDEWALK, CURB AND GUTTER REPAIR PROJECT, FY 2001-2002 Minutes-City Council December 3, 2001- Page 2 390-70 400-45 Adopted Resolution No. 01-88 Approved Approved Approved Adopted Resolution No. 01-115 . , , , 10. (PROJECT NO. 402-6235), AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 01-112, approving the plans and specifications for the Annual Major Maintenance Project, FY 200.1-2002 (ClP 7001), and Annual Sidewalk, Curb and Gutter Repair Project, FY 2001- 2002 (Project No. 402-6235) and authorizing and directing the City Clerk to advertise for bids as 'recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 01-88- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF A NOTICE OF COMPLETION FOR THE ANNUAL SIDEWALK AND CURB AND GUTTER REPAIR PROJECT, FY 2000-2001 (PROJECT NO. 402-6235) Recommendation: Adopt Resolution No. 01-88, accepting the construction of the City's Annual Sidewalk, Curb and Gutter Repair Project, FY 2000-2001 (Project No. 402-6235) and authorizing the recordation of the Notice of Completion, and direct the City Clerk to: 1 ) Release the Labor and Materials 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. Assuming no claims or stop notices are filed, 35 days after the date of recordation of the Notice of Completion, the City Council authorize payment of the final 10% retention in the amount of $14,957.59 to CJ Construction, Inc., as recommended by the Public WOrks Department/Engineering Division. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES AND CONSTRUCTION DOCUMENTS FOR THE SKATEBOARD PARK FACILITIES Recommendation' Authorize the Mayor and City Clerk to execute a Consultant Services Agreement with the firm of Purkiss Rose-PSI for the Frontier Park Skate Park Facility in an amount not to exceed $29,800 as recommended by the Director of Parks and Recreation Services. DECLARATION OF SURPLUS PROPERTY Recommendation: 1) Declare equipment surplus and not required for public use; 2) Authorize staff to donate the surplus mobile phones to the Kiwanis Club of Tustin for refurbishment and distribution; 3)Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair; and 4) Authorize staff to dedicate Proceeds of sale to the Senior Center Building Project as recommended by Information Technology. 2002 LOCAL APPOINTMENTS LIST Recommendation' Approve the 2002 Local Appointments 'List for the Planning Commission, Parks and Recreation Commission, Cultural Resources Advisory Committee and Audit Committee as recommended by the Office of the City Clerk. RESOLUTION NO. 01-115- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN Recommendation: Adopt Resolution No. 01-115, modifying 400-45 400-45 400-10 380-60 120-05 Minutes- City Council December 3, 200~ -Pa§e 3 Adopted Resolution No. 01-113 Approved Adopted Resolution No. 01-116 and approved staff recommendation the Appendix (Designated Positions) contained in the City's Conflict of Interest Code to add the positions of Assistant Director of Public Works, Water Treatment Supervisor, Maintenance Supervisor, Principal Civil Engineer, Senior Information Technology Specialist, Senior Management Analyst, Administrative Services Manager, Administrative/Support Services Manager, and Support Services Supervisor as recommended by the Office of the City Clerk. 11. RESOLUTION NO. 01-113- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR AUTHORIZED DESIGNEE TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT I WITH THE OWNERS OF THE PROPERTY LOCATED AT 245 SOUTH A STREET, TUSTIN, CALIFORNIA Recommendation: Adopt Resolution No. 01-113 authorizing the execution of an Historic Property Preservation Agreement (Mills Act Contract) with James and Janett Kuehnert, the owners of the residence located at 245 South A Street as recommended by the Community Development Department. 12.1 2000-2001 ANNUAL REPORT Recommendation by the Redevelopment Agency staff: 1) Receive and file the Annual Report of Housing Activity for 2000-2001; and 2) Direct a copy of the Annual Report be filed with the State Controller and State Department of Housing and Community Development. ITEMS REMOVED FROM CONSENT CALENDAR 12. ACCEPTANCE OF QUITCLAIM FOR PARCEL 5, MCAS, TUSTIN AND AUTHORIZATION TO ENTER INTO A GROUND LEASE WITH THE ORANGE COUNTY RESCUE MISSION · Lois Jeffrey, City Attorney, clarified that Parcel 5 was located in Planning Area 3. It was moved by Thomas, seconded by Doyle, to 1 ) Adopt the following Resolution No. 01-116' RESOLUTION NO. 01-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REUSE AND DISPOSAL OF THE FORMER MCAS, TUSTIN AS COMPLETE AND ADEQUATE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL. QUALITY ACT FOR THE ACCEPTANCE OF A QUITCLAIM FROM THE DEPARTMENT OF THE NAVY FOR PARCEL 5 AND THE APPROVAL OF A GROUND LEASE WITH THE ORANGE COUNTY RESCUE MISSION; 2) Authorize the City Manager to accept and execute the Quitclaim for Parcel 5 (Exhibit 1) and any other supporting documents needed to affect the transfer of the site from the Department of Navy to the City of Tustin, and; 3) Approve the Draft Ground Lease between the City of Tustin and Orange County Rescue Mission and authorize the City Manager and/or Assistant City Manager to make minor changes to the Draft Lease as a result of further negotiations with the Orange County Rescue Mission and to Minutes-City Council December 3, 2001 - Page 4 445-05 400-10 670-05 425-80 Adopted Ordinance No. 1232 Donated $2,500 MC 4-1, Bone opposed Approved staff recommendation execute the Ground Lease subject to approval by the City Attorney of all Lease documents. Motion carried 5-0. 490-10 400-10 REGULAR BUSINESS ( ITEMS 13 THROUGH 16 ) 13. ORDINANCE NO. 1232- ABOVEGROUND UTILITY FACILITIES It was moved by Thomas, seconded by Doyle, to have second reading by title only and adoption of Ordinance No. 1232. Motion carried 5-0 (roll call vote). Pamela Stoker, City Clerk, read the following Ordinance No. 1232 by title only: ORDINANCE NO. 1232- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 6, CHAPTER 2 OF ARTICLE 7 OF THE TUSTIN CITY CODE TO ESTABLISH DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY 800-05 14. TUSTIN HIGH SCHOOL "EVERY FIFTEEN MINUTES" .PROGRAM Councilmember Bone stated he opposed using tax money to support the program. It was moved by Kawashima, seconded by Thomas, to approve a donation of $2,500 to the Tustin High School "Every Fifteen Minutes Program." Motion carried 4-1, Bone opposed. 330-20 15. AWARD OF CONTRACT FOR CONSTRUCTION OF THE OLD TOWN STREETSCAPE AND PEDESTRIAN ENHANCEMENT PROJECT (CIP NO. 7172) It was moved by Thomas, seconded by Kawashima, to 1) Approve a supplemental appropriation in'the amount of $272,246.45 for FY 2001-2002 from the unappropriated balance of the Capital Improvement Fund, a supplemental appropriation in the amount of $272,246.45 from the City's Gas Tax Fund, and a supplemental appropriation in the amount of $427,786.10 from the Tustin Lighting District to the Old Town Streetscape and Pedestrian Enhancement Project (CIP No. 7172); 2) Award the construction contract for the Old Town Streetscape and Pedestrian Enhancement Project (CIP No. 7172) to Ecology Construction, Inc., of Canoga Park, California, the Iow bidder, in the amount of $1,375, 660.80, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and 3) Authorize the Director of Public Works to enter into an agreement with Southern California Edison, subject to approval by the City Attorney, for the design and · construction of new and replacement street lighting on El Camino Real between Newport Avenue and First Street, and on .Main Street between Preble Drive and B Street and appropriate $410,000 from the Tustin Lighting District for this work. Motion carried 5-0. 400-45 Minutes- City Council December 3, 2001 - Page 5 Selected Thomas as Mayor and Worley as Mayor Pro Tem 16. MAYOR AND MAYOR PRO TEM SELECTION It was moved by Worley, seconded by Kawashima, to nominate Mayor Pro Tem Thomas as Mayor. Motion carried 5-0. It was moved by Kawashima, seconded by Thomas, to nominate Councilmember Worley as Mayor Pro Tem. It was moved by Doyle to nominate Councilmember Bone as Mayor Pro Tem. Motion carried 3-2 to appoint Counciimember Worley as Mayor Pro Tem (Bone, Doyle opposed). 420-75 SECOND PUBLIC INPUT Phil Cox Asked if any councilmembers planned to meet him after the Mayor's Reception. Council responded they were unable to meet with M r. Cox. Laura Stearns, 18 Handel Court Irvine, CA Thanked Council for approving the Old Town Streetscape; and spoke on the Main Street Program. Bob Kiley, Tustin Community Foundation Stated the Tustin Community Foundation would assist the Old Town Association and the Every Fifteen Minutes Program with funding assistance; and spoke on fund raising since the September 11,2001 tragedy. OTHER BUSINESS TAX RAISE Councilmember Doyle reported the governor planned to raise taxes. TREE LIGHTING CEREMONY Mayor Thomas and Councilmembers Doyle and Kawashima commented on the great Tree Lighting Ceremony and commended staff on a job well done. SANTA SLEIGH Mayor Thomas and Councilmember Doyle commented on the Santa Sleigh program and how children enjoyed' Santa visiting their neighborhoods. ADJOURN MEETING IN MEMORY OF JOHN PRESCOTT Counciimembers Doyle and Bone requested adjourning the meeting in memory of John Prescott. Mayor Thomas stated that John Prescott had been a great pioneer for the community. NEW HOMES Councilmember Bone reported that 50,000 new homes would be built in Orange County and 45% would be built in South Orange County. SANTA TRAIN Councilmember Bone reported the Santa Train would be stopping in T'ustin on December 14, 2001. Minutes- City Council December 3, 2001 - Page 6 HAPPY HOLIDAYS Mayor Thomas and Councilmembers Bone and Kawashima wished everyone happy holidays. VISITING WITH SCHOOLS Councilmember Kawashima noted his attendance at Currie Middle School for a student award ceremony. Mayor Pro Tem Worley remarked on visiting with Nelson Elementary School third grade students. Mayor Thomas stated he enjoyed visiting schools and interacting with the students. NEW MAYOR AND MAYOR PRO TEM Councilmember Kawashima congratulated Mayor Thomas and Mayor Pro Tem Worley on their selection. MAYORS' WALL Mayor Pro Tem Worley encouraged building a former "Mayors' Wall" in City Hall. MAYOR'S RECEPTION Mayor Pro Tem Worley invited everyone to attend the Mayor's Reception. GAYE SOROKA Mayor Thomas asked everyone to keep Gaye Soroka, Waste Management, who was seriously ill, in their-prayers. COMMITTEE REPORTS TUSTIN PRIDE Councilmember Bone stated the Tustin Pride holiday display awards would be judged December 6-8, 2001 and tree recycling would be January 5-6, 2002. ADJOURNMENT- Mayor Thomas adjourned the meeting at 7:56 p.m. in memory of John Prescott. The next regular meeting of the City Council was scheduled for Monday, January 7, 2002, at 7'00 p.m. in the Council Chambor at 300 Centennial Way. THOMAS, MAYOR LA' STOKER, CITY CLERK Minutes - City Council December 3, 2001 - Page 7