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Home My WebLink AboutCC MINUTES 2002 01 075:32 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:03 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JANUARY 7, 2002 CLOSED SESSION- 5:30 P.M. CALL TO ORDER ROLL CALL Mayor Jeffery M. Thomas (arrived at 5:45 p.m.), Mayor Pro Tem Tracy Wills Wodey, Councilmembers Lou Bone, Mike Doyle and Tony Kawashima None Pamela Stoker (Absent) William A. Huston, City Manager; Lois Jeffrey, City Attorney; Arlene Marks, Director of Human Resources; Beverley White, Chief Deputy City Clerk; and 0 in the audience. PUBLIC INPUT CLOSED SESSION - Mayor Pro Tem Worley announced that the City Council would convene in closed session to confer with the City Attomey regarding (1) Pending litigation to which the City is a party: Garcia v. City of Tustin, Case Number 01CC02149 (state court matter); Santa Ana Unified School District, et al. v. City of Tustin, et al., Case Number 01CC02595 (state court matter); and Santa Ana Unified School District, et al. v. City of Tustin, et al., Case Number CV-01-3426 W JR (CTX) (federal court matter), (2) initiation of litigation, Government Code Section 54956.9(c), two (2) cases; (3) Conference with Real Property Negotiator (Government Code Section 54956.8). Property: former Marine Corps Air Station, Tustin. Negotiators: Department of Navy and City Manager or Designee (City). Under negotiation: Price and terms of payment; and (4) Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(3) (one case). REGULAR MEETING - 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Mayor Thomas INVOCATION - Councilmember Bone ROLL CALL Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills Worley, Councilmembers Mike Doyle, Lou Bone and Tony Kawashima None Pamela Stoker William A. Huston, City Manager; Lois Jeffrey, City Attorney; Steve Foster, Chief of Police; George Jeffries, City Treasurer; Arlene Marks, Director of Human Resources; Tim Serlet, Director of Public Works; Elizabeth Binsack, Director of Community Development; Doug Anderson, Senior Project Manager; Joe Meyers, Administrative Services Manager; Dana Kasdan, Engineering Services Manager; Sam Altowaiji, Field Services Manager; Pat Sanchez, Director of Parks and Recreation; Joe Sovella, Interim Water Services Manager; Art Valenzuela, Water Treatment Supervisor; Scott Reekstin, Senior Planner; Justina Willkom, Associate Planner; Carol Ruane, Senior Human Resources Analyst; Margaret Dowling, Human Resources Assistant; Beverley White, Chief Deputy City Clerk; and Minutes - City Council January 7, 2002 - Page i See Other Business Page 5 None Presented Dr. Davert 13262 Malena Tustin, CA Paul Lindsay 305 S. "C" Street Tustin, CA Various speakers Mike Stephens LAX Expansion Adopted Resolution No. 02-03 Adopted Resolution No. 02-04 approximately 40 in the audience. CLOSED SESSION REPORT PROCLAMATION PRESENTATION - 1) Employee Showcase/Employee of the Year- Margaret Dowling; and 2) Maglev - Southern California Association of Governments FIRST PUBLIC INPUT Complained about AT&T technical and customer service. Complained about cable television service. The following members of the audience spoke in opposition to Measure W: Bonnie O'Neil, Newport Beach, CA Bill Kearns, 3350 California Street, Costa Mesa, CA Shirley Conger, Corona del Mar, CA Spoke in support of an airport at El Toro. PUBLIC HEARING ( ITEMS 1 THROUGH 3 ) 1. TENTATIVE PARCEL MAP 2001-235 Mayor Thomas opened the Public Hearing at 8:04 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Worley, seconded by Kawashima, to approve the following Resolution No. 02-03: RESOLUTION NO. 02-03 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2001-235 TO SUBDIVIDE AN EXISTING 0.50 ACRE PARCEL INTO TWO PARCELS LOCATED AT 12882 ELIZABETH WAY (APN NO. 501-081-19) Motion carried 5-0. 2. TENTATIVE PARCEL MAP 2001-147 Mayor Thomas opened the Public Hearing at 8:07 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Worley, seconded by Kawashima, to approve the following Resolution No. 02-04: RESOLUTION NO. 02-04 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2001-147 TO COMBINE TWO EXISTING PARCELS TO CREATE A NEW 4.7 ACRE PARCEL LOCATED AT 13270 NEWPORT AVENUE FOR THE PURPOSE OF DEVELOPING A Minutes- City Council January 7, 2002- Page 2 600-45 Approved staff recommendation Approved Approved Ratified Approved staff recommendation Adopted Resolution No. 02-02 RETAIL MARKET WITH DRIVE-THROUGH PHARMACY AND SITE AMENITIES Motion carried 5-0. 3. PUBLIC HEALTH GOALS (PHGs) 1998-2000 REPORT Councilmember Doyle left the dais at 8:09 p.m. Mayor Thomas opened the Public Hearing at 8:11 p.m. There were no speakers on the subject and the Public Hearing was closed. Councilmember Doyle returned to the dais at 8:11 p.m. It was moved by Worley, seconded by Kawashima, to approve the 1998-2000 Public Health Goals Report. Motion carried 5-0. CONSENT CALENDAR ( ITEMS 4 THROUGH 13 ) Councilmember Kawashima abstained from voting on Consent Calendar Items No. 9 and 13. It was moved by Worley, seconded by Bone, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. 4. APPROVAL OF MINUTES - NOVEMBER 27, 2001 SPECIAL MEETING, DECEMBER 3, 2001 REGULAR MEETING, AND DECEMBER 17, 2001 SPECIAL MEETING Recommendation: Approve the City Council Minutes of November 27, 2001, December 3, 2001, and December 17, 2001. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $4,406,065.80 and ratify Payroll in the amount of $425,128.03. 6. PLANNING COMMISSION ACTION AGENDA- DECEMBER 10, 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 of December 10, 2001. ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY Recommendation by the City Treasurer: 1) Continue delegation of Investment Policy to G.W. Jeffries and Associates, and 2) Adopt the City of Tustin Investment Policy for calendar year 2002 with no changes, as recommended by the City Treasurer. RESOLUTION NO. 02-02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA REAPPOINTING GEORGE W. JEFFRIES AS CITY TREASURER FOR CALENDAR YEAR 2002 Recommendation: Adopt Resolution No. 02-02 reappointment George W. Jeffries as City Treasurer for Calendar Year 2002 as recommended by the Finance Director. 600-45 850-90 355-85 400-10 Minutes - City Council January 7, 2002 - Page 3 Approved Approved Approved staff recommendation Approved Approved No changes from 2001 appointments Adopted Resolution No. 02-01 and introduced Ordinance No. 1248 9. AMENDMENT NO. 1 TO AGREEMENT NO. C-0-0173 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE TRAVEL TIP PROGRAM Recommendation: Approve Amendment No. 1 to Agreement No. C-0-0173 between the Orange County Transportation Agency (OCTA) and the City, and authorize the Mayor and City Clerk to execute the document on behalf of the City as recommended by the Public Works Department/Engineering Division. 10. APPROVAL OF COOPERATIVE AGREEMENT NO. D01- 126 WITH THE COUNTY OF ORANGE FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2001- 2002 (CIP NO. 7001) Recommendation: Approve Cooperative Agreement No. D01-126 with the County of Orange, and authorize the Mayor and City Clerk to execute the document on behalf of the City as recommended by the Public Works Department/Engineering Division. 11. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING PRIORITY FOR FISCAL YEAR 2002-03 Recommendation by the Community Development Department: 1) Prioritize and fund the Graffiti Removal Program, Code Enforcement staff, and the Tustin Family and Youth Center Recreation Coordinator, and 2) Direct staff and the Ad Hoc Committee to recommend the remaining allocation of funds to other public service providers and City projects. 12. CLAIM OF JANET FLORA; CLAIM NO. 01-50 Recommendation: Deny 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. 13. APPROVAL OF AGREEMENT WITH SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY FOR CONSTRUCTION AND MAINTENANCE OF THE TUSTIN METROLINK STATION (CIP NO. 7138) Recommendation by the Public Works Department/Engineering Division: 1) Approve the agreement with Southern California Regional Rail Authority (SCRRA) for construction and maintenance of the Tustin Metrolink Station, and authorize execution of the agreement by the Mayor and City Clerk, subject to review and approval by the City Attorney. REGULAR BUSINESS ( ITEMS 14 THROUGH 15 ) 14. MAYORAL APPOINTMENTS TO COMMITTEES It was moved by Bone, seconded by Kawashima, to uphold the 2001 Mayoral Appointments for 2002. Motion carried 5-0. 15. PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRACT AMENDMENT SECTION 21583 - ADDITIONAL OPPORTUNITY TO ELECT 1959 SURVIVOR BENEFITS FOR LOCAL POLICE MEMBERS ONLY It was moved by Worley, seconded by Doyle, to adopt the following Resolution No. 02-01: RESOLUTION NO. 02-01 - A RESOLUTION OF THE CITY 400-70 400-70 640-15 180-10 400-10 420-05 Minutes- City Council January 7, 2002- Page 4 COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL, CITY OF TUSTIN Motion carried 5-0. It was moved by Worley, seconded by Kawashima, to have first reading by title only and introduction of Ordinance No. 1248 to amend the PERS contract. Motion carried 5-0. Pamela Stoker, City Clerk, read the following Ordinance No. 1248 by title only: ORDINANCE NO. 1248- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TUSTIN AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM None SECOND PUBLIC INPUT OTHER BUSINESS CLOSED SESSION REPORT (Agenda Order) Lois Jeffrey, City Attorney, reported the City Council provided direction to file an amicus brief, City of Marina vs. Board of Trustees of Cai State and Fort Ord Reuse Authority vs. Board of Trustees of Cai State. Motion carried 4-0, Kawashima abstained. HOLIDAYS Councilmember Doyle hoped that everyone enjoyed the Christmas and New Years holiday. Mayor Thomas and Councilmember Kawashima wished everyone a Happy New Year. SPEEDING TRAFFIC Councilmember Bone reported on speeding westbound traffic on Irvine Boulevard at Robinson Drive. HOLIDAY LIGHTS Councilmember Kawashima commented on the beautiful holiday lights displayed in the Peppertree neighborhood. Mayor Pro Tem Worley remarked on the beautiful Christmas lights displayed throughout the City and requested a proclamation be given to the Holiday Display contest winner. 2002 CHALLENGES Councilmember Kawashima stated 2002 presented many challenges to Council including in part MCAS, Tustin; a potential shortfall in sales tax, and AT&T had been purchased by Comcast and he hoped it would help solve current cable issues. 520-60 420-15 Minutes - City Council January 7, 2002 - Page 5 TUSTIN OLD TOWN ASSOCIATION (TOTA) Councilmember Kawashima requested agendizing a workshop with TOTA. FIRST DAY BACK TO SCHOOL Councilmember Kawashima reminded everyone that school started tomorrow. 2000 CITY COUNCIL ELECTION Councilmember Kawashima commented on a recent newspaper article regarding an unsuccessful 2000 City Council candidate's remarks that the election results had been influenced by campaign literature. Councilmember Kawashima believed the remarks were inaccurate and condescending. ADJOURN MEETING IN MEMORY OF JAMES B. SHARP Mayor Thomas requested adjourning the meeting in memory of former Councilmember and Mayor, James B. Sharp. TUSTIN PRIDE COMMITTEE Mayor Thomas requested a report from staff on the Tustin Pride Committee at the January 22, 2002 Council meeting. PRESIDENTIAL SPEECH Mayor Thomas stated he had attended a recent inspiring speech by President Bush who stated how important it was since the September 11,2001 tragedy for the nation to come together. TELEVISION CABLE Mayor Thomas noted that he had made comments regarding the television cable issue in an upcoming newspaper article. COMMITTEE REPORTS SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) Councilmember Bone reported on his and staff's attendance at a SCAG housing summit meeting which addressed the needs of housing challenges for cities to meet state regulations; stated that the direction of the state was to assist Cities with their problems; and commented that he had received a report from SCAG on the region and it was available to anyone who was interested. WATER ADVISORY COUNCIL OF ORANGE COUNTY (WACO) Councilmember Bone reported on a Water Advisory Council meeting on the ROC tunnel between Orange and Riverside Counties; noted it was expected to begin in 2007 with use of private funds and that Australia would be the biggest sponsor; and added that Assemblywoman Lynn Daucher was endorsing AB 1355 which promoted local control and requested the City analyze the bill to determine whether to support it. ADJOURNMENT - Mayor Thomas adjourned the meeting at 8:25 p.m. in memory of James B. Sharp. The next regular meeting of the City Council was scheduled for Tuesday, January 22, 2002 at 7:00 p.m. in the Council Chamber at 300 Centennial Way. PAMELA STOKER, CITY CLERK Minutes- City Council January 7, 2002- Page 6