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Home My WebLink AboutCC MINUTES 2002 05 20 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MAY 20, 2002 CLOSED SESSION - 5:30 P.M. 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: Others Present: None 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 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); 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 Tern 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 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 Minutes - City Council May 20, 2002 - Page I Presented Harold Adams, Tustin, CA Carina Franck-Pantone, Feedback Foundation, Inc. Kay Kearney, Doctor's Ambulance Service Tabled Approved Ratified Adopted Resolution No. 02-50 Approved CERTIFICATE OF RECOGNITION - Chamber of Commerce 45th 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 ) 1. 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. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,058,610 and ratify Payroll in the amount of $548,112.57. 4, 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. 5. 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. 6. 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 Minutes- City Council May 20, 2002- Page 2 610-70 520-05 400-10 Adopted Resolution No. 02-52 Adopted Resolution No. 02-53 Adopted Resolution No. 02-51 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. 7. 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 MCFADDENNVILLIAMS AND MCFADDEN/RITCHEY (ClP NO. 4057) Recommendation: Adopt Resolution No. 02-52, accepting the Traffic Signal Modifications at McFadden/Williams and McFadden/Ritchey (ClP 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 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. 8. 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. 9. 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 400-45 400-45 520-20 Approved, as amended 2. 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 Wodey, to approve the Minutes - City Council May 20, 2002 - Page 3 City Council Minutes of May 6, 2002, as amended. Motion carried 5-0. 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 610-70 Minutes- City Council May 20, 2002- Page 4 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. CHILI 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 Worley 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. TUSTIN MEADOWS 4TH OF JULY PARADE Mayor Thomas announced the Tustin Meadows 4th of July parade would be held this year. Minutes - City Council May 20, 2002 - Page 5 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. JF~I~¢I~¢ I~. T~H-OMASl, MAYOR PAMELA STOKER, CITY CLERK Minutes- City Council May 20, 2002- Page 6