HomeMy WebLinkAbout02 MINUTES 06-03-02NO. 2
06-03-02
MINUTES
JOINT SPECIAL MEETING OF THE CITY COUNCIL
OF THE CITY OF TUSTIN AND THE TUSTIN PUBLIC
FINANCING AUTHORITY
MAY 8, 2002
5:01 p.m.
CALL TO ORDER
ROLL CALL
Council Present:
Council Absent:
City Clerk:
Others Present:
Mayor Jeffery M. Thomas (arrived at 5:03 p.m.), Mayor Pro Tem
Tracy Wills Wodey, Councilmembers Lou Bone, Mike Doyle and
Tony Kawashima
None
Pamela Stoker
William A. Huston, City Manager; Christine Shingleton, Assistant
City Manager; George Jeffries, City Treasurer; Lois Jeffrey, City
Attorney; Beverley White, Chief Deputy City Clerk; and 1 in the
audience.
None
PUBLIC INPUT
REGULAR BUSINESS (ITEMS 1 THROUGH 2)
Adopted Resolutions Ne.
02-47 and 02-48
.
AGREEMENTS BY AND BETVVEEN THE UNITED
STATES OF AMERICA AND THE CITY OF TUSTIN FOR
CONVEYANCE OF PORTIONS OF PROPERTY AT
MCAS, TUSTIN AND LEASES IN FURTHERANCE OF
CONVEYANCE FOR PORTIONS OF MCAS, TUSTIN
It was moved by Bone, seconded by Worley, to find that the
Final Environmental Impact Statement/Environmental
Impact Report for the Reuse and Disposal of MCAS, Tustin
as satisfying the requirements of CEQA for the City's
consideration and approval of the actions identified below
by adopting the following Resolution No. 02-47:
RESOLUTION NO. 02-47- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
FINDING THAT THE FINAL ENVIRONMENTAL IMPACT
REPORT FOR THE REUSE AND DISPOSAL OF MCAS,
TUSTIN IS COMPLETE AND ADEQUATE PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR
CONSIDERATION AND APPROVAL OF AGREEMENTS
WITH THE UNITED STATES OF AMERICA, FOR THE
CONVEYANCE OF PROPERTY AT THE FORMER MCAS,
TUSTIN, AND ALL ACTIONS NECESSARY TO
IMPLEMENT SUCH AGREEMENTS INCLUDING BUT
NOT LIMITED TO ACCEPTANCE OF TITLE, DEEDS,
Minutes - City Council Special Meetin§ May 8, 2002 - Pa§e ].
Approved staff
recommendation
BILLS OF SALE AND OTHER OBLIGATIONS
NECESSARY TO AFFECT TRANSFER OF PROPERTY
OR TO IMPLEMENT THE AGREEMENT OR LEASES
(THE "PROJECT")
Motion carried 5-0.
It was moved by Doyle, seconded by Wodey, to adopt the
following Resolution No. 02-48 which will:
a. Authorize the City Manager or his designee to
execute an Agreement between the United
States of America and the City of Tustin for the
conveyance of a portion of the former MCAS,
Tustin and to carry out all actions necessary to
implement the Agreement including but not
limited to execution of all quit claims, deeds,
easements, bills of sale and other supporting
documents necessary to affect the transfer of the
property and any subsequent conveyances,
leasing/licensing needed to implement the
Agreement.
b. Authorize the City Manager or his designee to
execute a Lease in Furtherance of Conveyance
Between the United States of America and the
City of Tustin for portions of the former MCAS,
Tustin and to carry out all actions necessary to
implement the Lease.
c. Authorize the City Manager or his designee at
any time in the future to accept by Lease in
Furtherance of Conveyance or by Deed all or any
portion of the proposed Community Park
identified as disposal site 22 in the MCAS, Tustin
Reuse Plan.
RESOLUTION NO. 02-48- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING EXECUTION OF AGREEMENTS BETWEEN
THE UNITED STATES OF AMERICA AND THE CITY OF
TUSTIN FOR THE CONVEYANCE OF PORTIONS OF
THE FORMER MARINE CORPS AIR STATION (MCAS)
TUSTIN TO THE CITY AND LEASES IN FURTHERANCE
OF CONVEYANCE FOR PORTIONS OF THE FORMER
MCAS, TUSTIN
Motion carried 5-0.
,
CARETAKER/PROPERTY MANAGEMENT AGREEMENT
- FOR A PORTION OF MCAS, TUSTIN
It was moved by Doyle, seconded by Bone, to authorize the
Minutes - City Council Special Meetins: May 8, 2002 - Pase 2
City Manager or his designee to execute an Agreement for
Consultant Services with JHTM & Associates, to provide
property maintenance services at the former MCAS, Tustin,
subject to approval of said Agreement by the City Attorney
and also contingent upon services after June 30, 2002,
requiring City Council budget approval as part of the FY
2002-03 budget.
Motion carried 5-0.
Announced
CLOSED SESSION - Mayor Thomas announced that the City
Council would convene in closed session to confer with the City
Attomey regarding 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).
ADJOURNMENT- Mayor Thomas adjourned the meeting at 5:39 p.m. The next regular
meeting of the City Council was scheduled for Monday, May 20, 2002, at 7:00 p.m. in the
Council Chamber at 300 Centennial Way.
JEFFERY M. THOMAS, MAYOR
PAMELA STOKER, CITY CLERK
Minutes - City Council Special Meeting May 8, 2002 - Page 3
NO. 2
MINUTES 06-03-02
CITY COUNCIL OF THE CITY OF TUSTIN ACTING IN ITS
CAPACITY AS THE TUSTIN LOCAL REDEVELOPMENT
AUTHORITY FOR THE U.S. MARINE CORPS AIR
STATION, TUSTIN,
SPECIAL MEETING
MAY 10, 2002, 4:00 p.m.
4:07 p.m.
CALL TO ORDER
Council Present:
Council Absent:
City Clerk:
Others Present:
ROLL CALL
Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills
Wodey, Councilmembers Lou Bone, Mike Doyle and Tony
Kawashima
None
Pamela Stoker (Absent)
William A. Huston, City Manager; Christine Shingleton,
Assistant City Manager; George Jeffries, City Treasurer;
Beverley White, Chief Deputy City Clerk; and 10 in the
audience.
See below
PUBLIC INPUT
Announced
CLOSED SESSION - Mayor Thomas announced that the
City Council acting in its capacity as the Tustin Local
Redevelopment Authority for the U.S. Marine Corps Air
Station, Tustin, shall convene in closed session to confer
with the City Attorney regarding 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 4) City
of Tustin et. al. v. all persons interested in the matter
Orange County Superior Court Case No. 02CC01953; and
5) Tustin Local Redevelopment Authority et. al. v. Lockyer
et. al. United States District Court Eastern District of
California Case No. CIV.S-02-0382LKK PAN.
CLOSED SESSION STATEMENT
Mayor Thomas announced that the City Council voted 5-0 to approve a settlement
agreement with the Santa Ana Unified School District.
PUBLIC INPUT- (Agenda Order)
Minutes- City Council Special Meeting May 10, 2002- Page i
John Palacio, Santa Ana
Unified School District
Thanked the City Council and staff for working with the Santa
Ana Unified School District on the MCAS, Tustin, settlement
agreement and pledged support to the City in the base reuse.
ADJOURNMENT- Mayor Thomas adjourned the meeting at 4:15 p.m. The next regular
meeting of the City Council was scheduled for Monday, May 20, 2002, at 7:00 p.m. in the
Council Chamber at 300 Centennial Way.
JEFFERY M. THOMAS, MAYOR
PAMELA STOKER, CITY CLERK
Minutes - City Council Special Meeting May 10, 2002 - Page 2
NO. 2
MINUTES 06-03-02
SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY
OF TUSTIN AT MARINE CORPS AIR STATION, TUSTIN
MAY 14, 2002, 10:00 A.M.
All members present; No
action taken
All members of the Tustin City Council are expected to attend the
MCAS, Tustin Conveyance Ceremony on May 14, 2002, at 10:00
a.m. at MCAS, Tustin. The Tustin City Council are not anticipated
to take any formal action. The ceremony is open to the public.
JEFFERY M. THOMAS, MAYOR
PAMELA STOKER, CITY CLERK
Minutes- City Council Special Meeting May 14, 2002- Page 1
N'O. 2
MINUTES 05-03-02
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
MAY 20, 2002
5:29 p.m.
Council Present:
Council Absent:
City Clerk:
Others Present:
None
Announced
6:58 p.m.
Given
Given
Council Present:
Council Absent:
City Clerk:
CLOSED SESSION - 5:30 P.M.
CALL TO ORDER
ROLL CALL
Mayor Jeffery M. Thomas (arrived at approximately 5:40 p.m.),
Mayor Pro Tem Tracy Wills Worley (arrived at approximately 5:35
p.m.), Councilmembers Lou Bone, Mike Doyle and Tony
Kawashima
None
Pamela Stoker (Absent)
Christine Shingleton, Assistant City Manager; Lois Jeffrey, City
Attorney; Beverley White, Chief Deputy City Clerk; and 0 in the
audience.
PUBLIC INPUT
CLOSED SESSION - Councilmember Doyle 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 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);
and (2) to confer with the City Attorney pursuant to Government
Code Section 94956.9(b) and (c), significant exposure to
litigation and initiation of litigation (3 cases).
REGULAR MEETING - 7:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE - Mayor Pro Tem Worley
INVOCATION - Mayor Thomas
ROLL CALL
Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills Worley,
Councilmembers Mike Doyle, Lou Bone and Tony Kawashima
None
Pamela Stoker
Minutes- City Council May 20, 2002- Page i
Others Present:
None
Christine Shingleton, Assistant City Manager; Lois Jeffrey, City
Attorney; George Jeffries, City Treasurer; Ron Nault, Director of
Finance; Arlene Marks, Director of Human Resources; Tim
Serlet, Director of Public Works; Elizabeth Binsack, Director of
Community Development; Pat Sanchez, Director of Parks and
Recreation; Fred Wakefield, Police Captain; Doug Anderson,
Senior Project Manager; Joe Meyers, Administrative Services
Manager; Dana Kasdan, Engineering Services Manager; Sam
Altowaiji, Field Services Manager; Scott Reekstin, Senior
Planner; Beverley White, Chief Deputy City Clerk; Mike
Shanahan, Police Lieutenant; Brian Ragland, Water Services
Manager; and approximately 40 in the audience.
CLOSED SESSION REPORT
Presented
Harold Adams,
Tustin, CA
Carina Franck-Pantone,
Feedback Foundation, Inc.
Kay Kearney,
Doctor's Ambulance
Service
Tabled
Approved
CERTIFICATE OF RECOGNITION - Chamber of
Commerce 45"~ Anniversary
FIRST PUBLIC INPUT
Spoke on the City's request for him to pay a business license fee;
however, he explained that he did not have a business and asked
for assistance in resolving the issue.
Spoke on Feedback Foundation services.
Spoke on Doctor's Ambulance Service resources.
PUBLIC HEARING (ITEM 1 )
o
CODE AMENDMENT 02-004 - NOTIFICATION DISTANCE
OF 500 FEET
Council unanimously concurred to table Code Amendment
No. 02-004.
CONSENT CALENDAR (ITEMS 2 THROUGH 9)
Consent Calendar Item No. 2 was removed from the Consent
Calendar by Councilmember Bone.
It was moved by Worley, seconded by Kawashima, to approve the
remainder of the Consent Calendar as recommended by staff.
Motion carried 5-0.
.
APPROVAL OF DEMANDS AND RATIFICATION OF
PAYROLL
Minutes- City Council May 20, 2002- Page 2
Ratified
Adopted Resolution No.
02-50
Approved
Adopted Resolution No.
02-52
,
o
,
,
Recommendation: Approve Demands in the amount of
$1,058,610 and ratify Payroll in the amount of
$548,112.57.
PLANNING COMMISSION ACTION AGENDA- MAY 13,
2002
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 May 13, 2002.
RESOLUTION NO. 02-50- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
PROVIDING FOR CONTINUATION OF ADDITIONAL
TEMPORARY PARTIALLY PAID MILITARY LEAVE OF
ABSENCE AND CONTINUATION OF BENEFITS FOR
ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE DUTY
WITH THE ARMED FORCES
Recommendation: Adopt Resolution No. 02-50, continuing
the benefit of additional temporary partially paid military
leave of absence and continuation of benefits for eligible
City employees called to active duty in connection with the
nation's response to the terrorist attack on the United States
of America as previously authorized by Resolution No. 01-
96 as recommended by the Human Resources Department.
CONTRACT RENEWAL FOR MAINTENANCE AND
REPAIR SERVICES OF THE CITY'S HVAC SYSTEMS
WITH BARR ENGINEERING, INC.
Recommendation: Approve the second amendment to the
contract agreement between Barr Engineering, Inc. and the
City of Tustin for Heating, Ventilating, Refrigeration, and Air
Conditioning Systems Maintenance and Repair Service as
recommended by the Public Works Department/Field
Services Division.
RESOLUTION NO. 02-52- 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 TRAFFIC SIGNAL
MODIFICATIONS AT MCFADDENNVlLLIAMS AND
MCFADDEN/RITCHEY (CIP NO. 4057)
Recommendation: Adopt Resolution No. 02-52, accepting
the Traffic Signal Modifications at McFadden/Williams and
McFadden/Ritchey (CIP No. 4057), 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
Minutes- City Council May 20, 2002- Page 3
Adopted Resolution No.
02-53
Adopted Resolution No.
02-51
.
.
of recordation of the Notice of Completion; and assuming no
claims or stop payment notices are filed, thirty-five (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 $23,556.30. This amount, together with the
previous contract payments and change order amounts of
$212,006.73 represents 100% of the final contract cost as
recommended by the Public Works Department/Engineering
Division.
RESOLUTION NO. 02-53 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING PLANS AND SPECIFICATIONS FOR THE
INSTALLATION OF AN AUTOMATIC DOOR MECHANISM
FOR THE CITY HALL MAIN ENTRANCE AND
AUTHORIZING ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 02-53, approving
the plans and specifications for the installation of an
automatic door mechanism for the City Hall main entrance
as recommended by the Public Works Department/Field
Services Division.
RESOLUTION NO. 02-51 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ESTABLISHING A DEFERRED COMPENSATION PLAN
FOR THE PART-TIME AND OTHER TEMPORARY,
SEASONAL AND INTERMITTENT EMPLOYEES
Recommendation: Adopt Resolution No. 02-51, adopting
the U.S. Conference of Mayors (USCM and also known as
PEBSCO and/or NRS, Nationwide Retirement Solutions)
Deferred Compensation Plan for eligible non-regular part-
time and other temporary, seasonal and intermittent
employees pursuant to the Omnibus Reconciliation Act of
1990 (OBRA).
ITEMS REMOVED FROM THE CONSENT CALENDAR
Approved, as amended
.
APPROVAL OF MINUTES- MAY 6, 2002 REGULAR
MEETING
Councilmember Bone requested a correction to the May 6,
2002 Regular Meeting Minutes, Committee Reports. His
comments should be changed from El Toro Reuse Planning
Authority meeting to SCAG meeting.
It was moved by Bone, seconded by Worley, to approve the
City Council Minutes of May 6, 2002, as amended. Motion
carried 5-0.
Minutes- City Council May 20, 2002- Page 4
Introduced Ordinance No.
1252
Adopted Ordinance No.
1251
None
REGULAR BUSINESS (ITEMS 10 THROUGH 11 )
10.
CODE AMENDMENT 02-003- BUSINESS
REGULATIONS ORDINANCE
It was moved by Doyle, seconded by Worley, to introduce
and have first reading of Ordinance No. 1252.
Motion carried 5-0.
Pamela Stoker, City Clerk, read the following Ordinance No.
1252 by title only:
ORDINANCE NO. 1252 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING SPECIFIED SECTIONS OF ARTICLE 3 OF
THE TUSTIN CITY CODE RELATING TO BUSINESS
REGULATIONS AND REPEALING PART THREE OF
CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE
RELATING TO THE LICENSE AND PERMIT BOARD
11.
ORDINANCE NO. 1251 - CODE AMENDMENT 02-002
FOR OFFICE USES IN THE CENTRAL COMMERCIAL (C-
2) DISTRICT AND THE CULTURAL RESOURCES
OVERLAY DISTRICT
It was moved by Doyle, seconded by Worley to have
second reading by title only and adoption of Ordinance No.
1251.
Motion carried 5-0 (roll call vote).
Pamela Stoker read the following Ordinance No. 1251 by
title only:
ORDINANCE NO. 1251 - AN ORDINANCE OF THE CITY
COUNCIL Of THE CITY Of TUSTIN, CALIFORNIA,
AMENDING SECTIONS 9233(a)(1)(g), 9233c(y), 9233c(ff),
9233(e), AND 9252j3(c) OF THE TUSTIN CITY CODE
RELATED TO OFFICE USES WITHIN THE CENTRAL
COMMERCIAL (C-2) ZONING DISTRICT AND THE
CULTURAL RESOURCES OVERLAY DISTRICT
SECOND PUBLIC INPUT
Minutes- City Council May 20, 2002- Page 5
OTHER BUSINESS
FORMER MARINE CORPS AIR STATION, TUSTIN
Councilmember Doyle requested a report on revenue generating activities such as
farming or leasing buildings at the former Marine Corps Air Station, Tustin, at the June 3,
2002 Council meeting.
Mayor Pro Tem Worley and Councilmember Kawashima spoke on the former Marine
Corps Air Station, Tustin, conveyance ceremony held on May 14, 2002.
Mayor Thomas spoke on the former Marine Corps Air Station, Tustin, closure process;
and noted the Orange County Rescue Mission's groundbreaking for the Village of Hope.
PROPOSED LIBRARY
Councilmember Doyle asked for cooperation from the Tustin Unified School District on
the proposed library plan.
CHILl COOK OFF
Councilmember Doyle questioned if El Camino Real would be ready for the Chili Cook
Off on June 2, 2002.
Tim Serlet, Director of Public Works, responded the street would be ready for the Cook
Off.
Mayor Pro Tem Wodey requested more chili be made for the Cook Off this year.
VACATION
Councilmember Doyle wished Mayor Pro Tem Worley a great vacation in Europe.
PARK DESIGNATION
Councilmember Bone requested changing designation on maps from "neighborhood"
park to "community" or "city" park so that the community would be aware that those parks
were for public use.
FUCHSIA DRIVE
Councilmember Kawashima requested a report on Fuchsia Drive driveway repair.
COYOTES
Councilmember Kawashima spoke on the coyote problem in the community.
STATE OF THE CITY
Mayor Thomas noted seats were available for the State of the City event to be held on
May 31,2002.
Minutes- City Council May 20, 2002- Page 6
TUSTIN MEADOWS 4TM OF JULY PARADE
Mayor Thomas announced the Tustin Meadows 4th of July parade would be held this
year.
COMMITTEE REPORTS
EL CAMINO STREET FAIR AND CHILl COOK OFF
Councilmember Bone reminded everyone the Chili Cook Off would be held on June 2,
2002, at 11:00 a.m.; stated the craft and commercial booths were sold out; noted the
number of chili and community booths; and requested more non profit booths sign up for
the event.
MAGLEV
Councilmember Bone spoke on the Maglev south route terminating at the Irvine
Transportation Center.
LIBRARY
Councilmember Kawashima gave a funding update report on the proposed library.
Mayor Pro Tem Worley said the proposed library project would be submitted to the state
in June for grant funds.
ORANGE COUNTY SANITATION DISTRICT
Councilmember Kawashima stated the Sanitation Board said that preliminary findings
indicated the Sanitation District's offshore discharge was not the cause for local beach
closures.
ESCALATING BUDGETS
Mayor Pro Tem Worley stated the Orange County Fire Authority and Transportation
Corridor Agency had escalating budgets.
ADJOURNMENT- Mayor Thomas adjoumed the meeting at 7:36 p.m. The next regular
meeting of the City Council was scheduled for Monday, June 3, 2002, at 7:00 p.m. in the
Council Chamber at 300 Centennial Way.
JEFFERY M. THOMAS, MAYOR
PAMELA STOKER, CITY CLERK
Minutes- City Council May 20, 2002- Page 7