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Home My WebLink AboutCC MINUTES 2002 04 015:29 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:00 p.m. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA APRIL 1, 2002 CLOSED SESSION - 5:30 P.M. CALL TO ORDER ROLL CALL Councilmembers Lou Bone, Mike Doyle and Tony Kawashima Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills Wodey Pamela Stoker (Absent) William A. Huston, City Manager; Doug Holland, Assistant City Attorney; Beverley White, Chief Deputy City Clerk; and 0 in the audience. PUBLIC INPUT CLOSED SESSION - Councilmember Doyle announced 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); 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); and (2) 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. REGULAR MEETING- 7:00 P.M. CALL TO ORDER Given Given Council Present: Council Absent: City Clerk: Others Present: None Given None PLEDGE OF ALLEGIANCE - Councilmember Bone INVOCATION - Pastor Barry Stagner, Tustin Calvary Chapel ROLL CALL Councilmembers Mike Doyle, Lou Bone and Tony Kawashima Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills Worley Pamela Stoker (Absent) William A. Huston, City Manager; Doug Holland, Assistant City Attorney; George Jeffries, City Treasurer; Steve Foster, Chief of Police; Arlene Marks, Director of Human Resources; Tim Serlet, Director of Public Works; Pat Sanchez, Director of Parks and Recreation; Doug Anderson, Senior Project Manager; Joe Meyers, Administrative Services Manager; Karen Peterson, Senior Planner; Beverley White, Chief Deputy City Clerk; and approximately 10 in the audience. CLOSED SESSION REPORT PROCLAMATION - Noelle Peay, Miss Tustin Scholarship Pageant Winner FIRST PUBLIC INPUT PUBLIC HEARING - None Minutes- City Council April 1, 2002- Page i Approved Approved Ratified Adopted Resolution No. 02-31 Adopted Resolution No. O2-3O Approved CONSENT CALENDAR (ITEMS 1 THROUGH 10 ) Item No. 4 was removed from the Consent Calendar by Councilmember Bone. It was moved by Kawashima, seconded by Bone, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 3-0, Thomas, Worley absent. o APPROVAL OF MINUTES - MARCH 18, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of March 18, 2002. , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,706,535.00 and ratify Payroll in the amount of $431,637.59. , PLANNING COMMISSION ACTION AGENDA- MARCH 25, 2O02 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 March 25, 2002. o RESOLUTION NO. 02-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS Recommendation: Approve Resolution No. 02-31, authorizing the General Services Department of the State of California to purchase the subject truck on behalf of the City as recommended by the Public Works Department/Field Services Division. , RESOLUTION NO. 02-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 500-142-04 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE RED HILL AVENUE WIDENING PROJECT AT THE I-5 FREEWAY (CIP NO. 7133) AND APPROVING THE PURCHASE AGREEMENT Recommendation: 1) Adopt Resolution No. 02-30, finding that the acquisition of a portion of Assessor's Parcel No. 500-142-04 was considered in the final environmental determination for the Red Hill Avenue Widening Project at the I-5 Freeway (CIP No. 7133) and approving the Purchase Agreement with The Makena Great American Red Hill Co., LLC, a Califomia Limited Liability Company; and 2) Authorize the Mayor and City Clerk to execute the Purchase Agreement with The Makena Great American Red Hill Co., LLC on behalf of the City as recommended by the Public Works Department/Engineering Division. . APPROVAL OF COOPERATIVE AGREEMENT WITH THE CITY OF SANTA ANA FOR THE DESIGN RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION OF THE EDINGER AVENUE "SMART STREET" WIDENING PROJECT FROM RITCHEY STREET TO 1400-FEET EAST OF RED HILL AVENUE (ClP NO. 7147) Recommendation: Approve the Cooperative Agreement 380-40 400-10 490-10 Minutes- City Council April 1, 2002- Page 2 Adopted Resolution No. 02-32 Approved Approved Approved None with the City of Santa Ana for the design, right-of-way acquisition and construction of the Edinger Avenue "Smart Street" Widening Project from Ritchey Street to 1400-feet east of Red Hill Avenue 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. . RESOLUTION NO. 02-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE TUSTIN COMMUTER RAIL STATION PROJECT (CIP NO. 7138) Recommendation: Adopt Resolution No. 02-32, accepting the Tustin Commuter Rail Project (CIP No. 7138) 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; and assuming no claims or stop payment 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 $462,856.28 as recommended by the Public Works Department/Engineering Division. , CLAIM OF PACIFIC BELL- CLAIM NO. 02-05 Recommendation: Deny the claim and send notice thereof to the claimant and to the claimant's attorneys as recommended by the City Attorney. 10. AGREEMENT D99-047 TO FUND A HUMAN HEALTH RISK ASSESSMENT FOR NEWPORT BAY Recommendation: Approve Agreement D99-047 "Agreement to Fund a Human Health Risk Assessment for Newport Bay" and authorize the Mayor and City Clerk to execute the agreement as recommended by the Public Works Department/Engineering Division. ITEMS REMOVED FROM CONSENT CALENDAR , AWARD OF CONTRACT FOR THE WALNUT AVENUE REHABILITATION FROM BROWNING AVENUE TO MYFORD ROAD (CIP 7125) Councilmember Bone questioned when the project would begin. Tim Sedet, Director of Public Works, responded that it would take approximately 4-6 weeks to begin. It was moved by Bone, seconded by Kawashima, to award the contract for the Walnut Avenue Rehabilitation from Browning Avenue to Myford Road (CIP No. 7125) to R.J. Noble Company. Motion carried 3-0, Thomas, Wodey absent. REGULAR BUSINESS - None SECOND PUBLIC INPUT 400-60 400-45 180-10 400-10 400-45 Minutes- City Council April 1, 2002- Page 3 OTHER BUSINESS TUSTIN HOSPITAL OPENING Councilmember Bone stated he attended the opening of Tustin Hospital and noted its emergency room would be operational on May 1,2002. SALVATION ARMY YOUTH CENTER Councilmember Bone noted his and the Mayor's attendance at the Salvation Army Youth Center; and stated it would be a great asset to the community. ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) Councilmember Bone said he attended an OCTA meeting where the Centerline project was discussed. GRAFFITI Councilmember Bone spoke on the graffiti problem in the City and asked staff if there were enough funds in the budget for graffiti removal. William Huston, City Manager, responded that other accounts would be adjusted if necessary and abatement continued. EASTER EGG HUNT Councilmember Kawashima commented on the 3,000 people in attendance at the Spring Egg Hunt. POLICE DEPARTMENT Councilmember Kawashima requested agendizing a report on Police Department activities including goals and accomplishments. K-MART PARKING LOT Councilmember Kawashima reported on the filthy condition of the K-mart parking lot and requested measures be taken to clean the property. TUSTIN NEWS EDITORIAL Councilmember Kawashima spoke on a recent editorial in the newspaper questioning why improvements were not made at more City parks; pointed out that in 2000, repairs and renovations were made to Peppertree Park and Magnolia Park; in 2001, Frontier Park was completed including new gym equipment, a tot lot and restrooms; plans were underway to construct a skateboard park; and more than $100,000 would be spent on the Senior Center expansion and over $800,00 on the Columbus Tustin Park renovation. GAME BANNED IN NEW JERSEY Councilmember Doyle commented that second graders in New Jersey could no longer play the game cops and robbers and children found playing the game could be suspended for three days. POSITIVE THOUGHTS Councilmember Doyle requested positive thoughts for a friend. Minutes- City Council April 1, 2002- Page 4 COMMITTEE REPORTS WATER ADVISORY COUNCIL OF ORANGE COUNTY (WACO) Councilmember Bone commented that two hour classes on the Prado Dam Wet Lands would be held on April 13, 2002, July 20, 2002 and September 14 and 16, 2002; and bird tours at the Prado Dam Wet Lands would be conducted on April 6, 2002, May 11,2002, June 22, 2002, July 13 and 27, 2002, August 10 and 24, 2002 and September 7 and 28, 2002. TUSTIN PRIDE COMMITTEE Councilmember Bone reported that Tustin Pride was one of the two recipients of the Street Fair proceeds and they would share the income with the Rotary Club who would be donating their money to the Tustin Boys and Gids Club. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) Councilmember Bone stated that on April 17, 2002, SCAG would be selecting the first of four Magnetic Levitation (MAGLEV) train routes; two routes were designated for Orange County; and there was an opportunity of having the first MAGLEV train run to Orange County. ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) Councilmember Bone announced that he had been appointed to the Oversight Committee for OCCOG's Federal Advocate Funding; explained that there were two separate funds, one for $2 million to develop a county wide urban run-off mitigation and another fund for $1 million for the Department of Transportation to combat any regional growing congestion and transportation safety problems within Orange County. SANTA ANA RIVER FLOOD PROTECTION AGENCY Councilmember Bone reported that the agency had finished cleaning the Prado Dam project; cowbird traps were in place to protect endangered birds being attacked by the cowbird; and erection of a 12,000 foot sound wall to avoid disturbing the endangered species had been addressed. ORANGE COUNTY SANITATION DISTRICT Councilmember Kawashima gave an update on the Sanitation Board committee meeting and said the board voted to proceed with disinfection of the effluent which goes into the ocean. ADJOURNMENT - Councilmember Doyle adjoumed the meeting at 7:24 p.m. The next regular meeting of the City Council was scheduled for Monday, April 15, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. ~HOMAS, MAYOR PAMELA STOKER, CITY CLERK Minutes- City Council April 1, 2002- Page 5