HomeMy WebLinkAboutCC MINUTES 1999 09 07 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
SEPTEMBER 7, 1999
CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Worley at 7:03 p.m. in the Council Chamber, 300
Centennial Way, Tustin, California. The Pledge of Allegiance was led by Boy Scout Troop 323
and the Invocation was given by Dr. Rebecca Prichard, Tustin Presbyterian Church.
ROLL CALL
Council Present: Tracy Wills Worley, Mayor
Jeffery M. Thomas, Mayor Pro Tem
Mike Doyle
Jim Potts
Thomas R. Saltarelli
Council Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager
Christine Shingleton, Assistant City Manager
Lois Jeffrey, City Attorney
George Jeffries, City Treasurer
Fred Wakefield, Police Captain
Tim Serlet, Director of Public Works
Ronald A. Nault, Finance Director
Pat Sanchez, Director of Parks and Recreation Services
Dana Kasdan, Engineering Services Manager
Rita Westfield, Asst. Director, Community Development
Valerie Crabill, Chief Deputy City Clerk
Approximately 25 in the audience
PROCLAMATION
Bobby Sox National Championship - Mayor Worley read and presented proclamations
to the Tustin South 8 and Under Bobby Sox Team for winning the Bob Sox National
Championship. Team members and assistants were: Shelby Bryeans, Megan'Caine,
Angle Delgado, Brianne Hatherill, Tallia Holland, Daisy Jacinto, Ashley Ludwig, Sarah
Maness, Ellen Miranda, Ragina Perez, Rachelle Stockdale, Trista Thomas, Rae Lopez,
Ruben Delgado, Dave Stockdale, Cindy Bryeans, Gregg Caine and Nell Thomas.
Senior Advisory Board Retirees - Mayor Worley read and presented proclamations
recognizing years of community service contributed by Senior Advisory Board retirees,
Jean Lowry and Don Miller. Margarete Thompson accepted the proclamation on
behalf of Don Miller, who passed away August 23rd, provided a history of his service to
the Senior Center and expressed the community's loss. 'Jean Lowry thanked Council
for the recognition and committed to continuing her Senior Center service. Mayor Pro
Tem Thomas requested adjournment in memory of Don Miller.
PUBLIC INPUT
Orange County Fire Authority Contract Renewal - John Garner, 1671 Lear Lane,
Tustin, and Dan York, 2312 Redwood Drive, Tustin, former Paid Call Firefighters,
expressed concern regarding Orange County Fire Authority Reserve Program's level of
service, response time and equipment; noted community events and programs
involving the former Paid Call Firefighter Program; commented on past labor disputes
between Paid Call personnel and full-time firefighters; and requested the City Council
explore all available options regarding fire service for the City. Mayor Worley
responded that she had been the single Fire Authority. Board vote favoring retention of
Minutes - City Council September 7, 1999 - Page I
the Paid Call Firefighter program, retaining the Program was not an option, and the
Council would be studying all options prior to making a final decision regarding a fire
service contract.
PUBLIC HEARING - None
CONSENT CALENDAR (ITEMS I THROUGH 20 )
It was moved by Potts, seconded by Thomas, to approve the Consent Calendar as
recommended by staff. Motion carried 5-0.
1. APPROVAL OF MINUTES- AUGUST 16, 1999 REGULAR MEETING
Recommendation: Approve the City Council Minutes of August 16, 1999.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,463,762.85 and ratify
Payroll in the amount of $379,057.99. 380-10
360-82
3. PLANNING COMMISSION ACTION AGENDA- AUGUST 23, 1999
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 August 23,
1999. 120-50
4. RESOLUTION NO. 99-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, RELATING TO THE COMPENSATION OF PART-TIME
EMPLOYEES OF THE CITY
Recommendation: Adopt Resolution No. 99-69 to provide a cost of living increase to
the part-time salary schedule of 2% as granted to other general employees of the City
as recommended by Personnel Services. _520-70
5. AUTHORIZATION OF A CHANGE ORDER FOR PREPARATION OF THE JOINT
ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT
(EIS/EIR) FOR THE DISPOSAL AND REUSE OF THE FORMER MCAS TUSTIN
Recommendation: Authorize the City Manager to execute an amendment to the
Consultant Services Agreement with the firm of HNTB for preparation of the Reuse
Plan/Specific Plan and Joint EIS/EIR for the Disposal and Reuse of the former MCAS
Tustin subject to City Attorney approval as recommended by Redevelopment Agency
staff. 400-10
6. RESOLUTION NO. 99-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AUTHORIZING THE USE OF THE DEPARTMENT OF GENERAL
SERVICES OF THE STATE OF CALIFORNIA CONTRACT FOR THE PURCHASE OF
CERTAIN EQUIPMENT
Recommendation: Adopt Resolution No. 99-73 authorizing the expenditure of
$160,644.00 plus applicable taxes of Asset Forfeiture Funds to proceed with subject
project as recommended by the Police Department. 380-40
7. CENSUS 2000 UPDATE
Recommendation: Receive and file subject report as recommended by the Community
Development Department. 390-85
8. DENIAL OF CLAIM NO. 99-23, CLAIMANT: ANI CRUZ
Recommendation: Deny subject claim and direct the City Clerk to send notice to the 180-10
claimant and the claimant's attorney as recommended by the City Attorney.
9. DENIAL OF CLAIM NO. 99-24, CLAIMANT: PATRICIA HERRICK
Recommendation: Deny subject claim and direct the City Clerk to send notice to the
claimant and the claimant's attorney as recommended by the City Attorney. 180-10
10. MOBILE AUDIO/VIDEO EQUIPMENT REPLACEMENT SUMMARY
Recommendation: Authorize purchase of five Kustom Signals "Eyewitness" Mobile 380-40
Minutes - City Council September 7, 1999 - Page 2
Audio Systems from Kustom Signals, Inc., 9325 Pflumm, Lenexa, Kansas, as
recommended by the Police Departrfient.
11. WORKING CAPITAL LOAN AND ADMINISTRATIVE SERVICES AGREEMENT
BETWEEN THE CITY OF TUSTIN AND THE COMMUNITY REDEVELOPMENT AGENCY
Recommendation: (:1) Increase the outstanding loan balance to the South Central
Project Area to $2,000,000 until August 31, 2000; (2) Increase the outstanding loan
balance to the MCAS Tustin Project Area to $700,000 until August 31, 2000; and (:3)
Authorize the Chairperson of the Agency and the Mayor to execute subject agreement
for 1999-00, offering and accepting a loan and various services from the City to the
,... Agency totaling approximately $3,380,000 for fiscal year 1999-00 as recommended
! by the Finance Department. 400-10
12. RESOLUTION NO. 99:66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 001-
M1 TO THE ADMINISTERING AGENCY-STATE MASTER AGREEMENT NO. 12-5271
FOR THE RED HILL AVENUE REHABILITATION PROJECT (:CIP NO. 7124)
Recommendation: Adopt Resolution No. 99-66 approving Program Supplement
Agreement No. 001-M1 to Administering Agency-State Master Agreement No. 12-5271
and authorize the Mayor and City Clerk to execute said agreement on behalf of the City
as recommended by the Public Works Department/Engineering Division. 400-75
13. RELEASE OF BONDS FOR TRACT NO. 15563 (TUSTIN RANCH ESTATES)
Recommendation: Authorize release of the following bonds for the indicated amounts:
Faithful Performance Bond No. 19-60-78, $282,000; Labor and Materials Bond No.
19-60-68, $141,000; and Monumentation Bond No. 19-60-79, $17,800 as
recommended by the Public Works Department/Engineering Division. 600-70
14. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 14168 (SAN .MIGUEL)
Recommendation: Authorize release of the following Monumentation Bond for Tract
No. 14168 for the indicated amount: Monumentation Bond No. 111-3311-8080,
$10,000 as recommended by the Public Works Department/Engineering Division. 600-70
15. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 14669 (SAN MIGUEL)
Recommendation: Authorize release of the following Monumentation Bond for Tract
No. 14669 for the indicated amount: Monumentation Bond No. 111-4148-7774,
$8,400 as recommended by the Public Works Department/Engineering Division. 600-70
16. RESOLUTION NO. 99-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, SUPPORTING THE "FAIR COMPETITION AND TAXPAYER
SAVINGS INITIATIVE"
Recommendation: Adopt Resolution No. 99-75 to support the "Fair Competition and
Taxpayer Savings Initiative" and direct the City Clerk to forward the City's position to
the League of California Cities as recommended by the Public Works Department. 150-30
17. AWARD OF CONTRACT FOR CONSTRUCTION OF WATER MAIN REPLACEMENTS
(CITY PROJECT NOS. 6087, 6141 AND 6142)
Recommendation: Award contract for subject projects to Steve Casada Construction
Company, Inc. of Anaheim, California, in the amount of $729,005 and authorize the
Mayor and City Clerk to execute contract documents on behalf of the City as
recommended by the Public Works Department/Water Division. 400-45
18. YEAR 2000 PLAN UPDATE REPORT - SEPTEMBER
Recommendation: Receive and file subject report as recommended by the Finance
and Community Development Departments. 190-30
19. RESOLUTION NO. 99-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING A DEFERRED COMPENSATION MATCHING PLAN
FOR MANAGEMENT EMPLOYEES OF THE CITY
Recommendation: Adopt Resolution No. 99-71 creating the City of Tustin Deferred
Compensation Matching Plan and Trust, and authorize the City Manager to execute
the Deferred Compensation Matching Program Administrative Agreement as
recommended by the Finance Department. 370-10
Minutes - City Council September 7, 1999 - Page 3
20. RESOLUTION NO. 99-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING THE DEFERRED COMPENSATION PLAN FOR
PUBLIC EMPLOYEES RESTATED PLAN DOCUMENT AS ADOPTED BY THE UNITED
STATES CONFERENCE OF MAYORS
Recommendation: Adopt Resolution No. 99-70 adopting the City's Restated Deferred
Compensation Plan Document as provided by the United States Conference of Mayors
as recommended by the Finance Department. 370-10
REGULAR BUSINESS ( ITEM 21 )
21. ORDINANCE NO. 1220, GARAGE SALE REGULATIONS
It was moved by Thomas. seconded by Saltarelli, to have second reading by title only
of Ordinance No. 1220.
Councilmember Potts stated he would abstain due to his absence when Ordinance No.
1220 was introduced.
Motion carried 4-0, Potts abstained.
The City Clerk read the following Ordinance No. 1220 by title only:
ORDINANCE NO. 1220 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING'THE REGULATIONS FOR GARAGE SALES
It was moved by Saltarelli, seconded by Thomas, to adopt Ordinance No. 1220.
Motion carried 4-0, Potts abstained (:roll call vote). 210-05
PUBLIC INPUT- None
OTHER BUSINESS / COMMITTEE REPORTS
West Coast Arborists - Councilmember Potts noted another letter had been received
from a resident commending West Coast Arborist's job performance.
Street Name Change - Councilmember Potts requested a response to Roberta
Cleary's request to change the name of Bruno Drive to Bruns Drive due to a
misspelling error. Council/staff discussion followed regarding residents' opposition to
the name change, legal ramifications of changing the name, naming a new street after
Mr. Bruns, exploring other options such as naming a street in Tustin Legacy or
placement of a park plaque, and forwarding an informational letter to Ms. Cleary.
Tiller Days Parade Candy - Councilmember Potts stated he would not participate in
the Tiller Days Parade because candy could not be thrown to children and expressed
his frustration that the situation had not been resolved.. Council/staff discussion
followed regarding insurance liability, wheelbarrow distribution option, and exploring
alternatives.
Huntington Beach Closures - Councilmember Saltarelli clarified that recent
Huntington Beach closures were due to a bacteria contamination from a run-,off
channel and was not caused by a Sanitation District sewage leak. Council discussion
followed regarding bacteria testing, needed filtration of run-off channels, independent
agency monitoring, and the Sanitation District's effective ocean monitoring system.
September 20 Council Meeting- Mayor Pro Tem Thomas reminded everyone he
would not attend the September 20, 1999 City Council meeting.
Pioneer Middle School Sport Field Lighting- Councilmember Doyle expressed
opposition to the City funding the lighting and maintenance of sport fields at Pioneer
Middle School, noted that 40% of the students were Irvine residents, complained that
Minutes - City Council September 7, 1999 - Page 4
the City would utilize the fields approximately one-third of the time available, fields
would not be available for use by the City for 18 months, and believed the funding
should be spent on the Tustin Legacy park. Mayor Worley expressed appreciation to
the Tustin Unified School District Board of Education for believing in the importance of
sharing public assets, commented that Irvine students would not utilize the fields at
night, maintenance costs would be shared incrementally, and noted that the proposed
Pioneer Middle School lighting agreement would probably allow City use of the fields
much sooner than 18 months.
Orange County Fire Authority Reserve Program - Councilmember Doyle expressed
.. concern regarding response time and equipment utilized by the Orange County Fire
Authority Reserve Program vs. Paid Call Firefighter Program, and requested the
matter be agendized on September 20th with Chief Prather in attendance to respond
to questions.
Media One Cable - Councilmember Doyle reported he had received complaints from
residents regarding Media One's scrambling of the A&E channel broadcasts, and he
had contacted Media One to correct the problem.
Charles Hobbs - Councilmember Doyle requested adjournment in memory of Charles
Hobbs, former owner of Hobbs Trucking Company.
Cox Communications Cable- Mayor Worley reported that Cox Communications was
not completely scrambling the adult channels and requested the problem be reported
to Cox.
Plaza Lafayette Trail - Mayor Worley requested a status report on the Plaza Lafayette
Trail.
Pioneer Middle School Traffic- Mayor Worley requested Police patrol at Pioneer
Middle .School to ease traffic congestion for the opening of school.
Planning Commission Ordinance - Mayor Worley requested Council review the legality
of the City's existing ordinance requiring a seated Planning Commissioner to resign
upon declaring candidacy for elective office, and suggested surveying surrounding
cities.
CLOSED SESSION - Mayor Worley announced the City Council would convene in closed
session to confer with the City Attorney regarding pending litigation to which the City was a
party pursuant to Government Code Section 94596.9: Sara Pashalides vs. City of Tustin, et.
al.
ADJOURNMENT - Mayor Worley adjourned the meeting at 7:59 p.m. in memory of Don
Miller and Charles Hobbs. The next regular meeting of the City Council was scheduled for
Monday, September 20, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way.
,- TRAeY WILL~(~RLEY, MAY:~
PAMELA STOKER, CITY CLERK
Minutes - City Council September 7, 1999 - Page 5