The URL can be used to link to this page

Home My WebLink About03 MINUTES 08-05-02NO. 03 08-05-02 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JULY 15, 2002 5:26 p.m. CLOSED SESSION - 5:30 P.M. CALL TO ORDER ROLL CALL Council Present: Council Absent: City Clerk Others Present: Mayor Pro Tem Tracy Wills Worley, Councilmembers: Lou Bone, Mike Doyle and Tony Kawashima Mayor Jeffery M. Thomas Pamela Stoker (absent) Beverley White, Chief Deputy City Clerk; Arlene Marks, Director of Human Resources and 0 in the audience. PUBLIC INPUT - None Announced CLOSED SESSION - Mayor Pm Tem Worley announced that the City Council would convene in closed session 1) to confer with their labor negotiator, William A. Huston, City Manager, regarding unrepresented management employees pursuant to Government Code Section 54957.6; 2) to confer with their labor negotiator, Arlene Marks, Director of Human Resources, regarding unrepresented confidential employees pursuant to Government Code Section 54957.6; 3) to confer with the City Attorney regarding initiation of litigation, Govemment Code Section 54956.9(c)(one case); and 4) to confer with the City Attorney pursuant to Government Code Section 54956.9(b)(1)(3)(A) regarding significant exposure to litigation. REGULAR MEETING 7:00 p.m. Given Given CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilmember Kawashima INVOCATION - Councilmember Bone Minutes - City Council July 15, 2002 - Page 1 Council Present: Council Absent: City Clerk: Others Present: None Allan Browning 1131 E. Main St. #109 Tustin, CA Jennifer Parvin 2142 Maple Court Tustin, CA Stephanie Melvin 663 Ambrose Lane Tustin, CA Karon Kaelin 17462 Walnut Street Yorba Linda, CA Adopted Resolution No. 02-67 ROLL CALL Mayor Pro Tem Tracy Wills Worley, Councilmembers: Lou Bone, Mike Doyle and Tony Kawashima Mayor Jeffery M. Thomas Pamela Stoker William A. Huston, City Manager; Christine Shingleton, Assistant City Manager; Lois Jeffrey, City Attorney; George Jeffries, City Treasurer; Ron Nault, Director of Finance; Arlene Marks, Director of HUman Resources; Elizabeth Binsack, Director of Community Development; Karen Peterson, Senior Planner; Pat Sanchez; Director of Parks and Recreation; Doug Anderson, Senior Project Manager; Clayton Anderson, Code Enforcement Officer; Scott Reekstin, Senior Planner; Joe Meyers, Administrative Services Manager; Dana Kasdan, Engineering Services Manager; Bob Schoenkopf, Police Captain; Sam Altowaiji, Field Services Manager; Brian Ragland, Water Services Manager; Tim Serlet, Director of Public Works; Beverley White, Chief Deputy City Clerk; and approximately 35 in the audience. CLOSED SESSION REPORT PROCLAMATION/CERTIFICATE OF RECOGNITION- None FIRST PUBLIC INPUT Stated the Chamber of Commerce opposed AB 1058, regarding Sports Utility Vehicles (SUV) and AB1661, the family leave benefit program; and supported the Tustin Veterans Day Parade. Thanked Council for revitalizing the Old Town area; commented on the well operated Tustin Family and Youth Center; requested relocation of the elevator in Stevens Square; and urged Council to put the Utt Juice building construction as a priority. Spoke in support of the Veterans Day Parade, voiced concem with Council comments regarding future parades; and noted the importance of remembering the men, women, and families who have made sacrifices to ensure America's freedom. California State University Fullerton Community Relations; announced a campus branch opening at Marine Corps Air Station, El Toro and invited Council to the August 26, 2002 ribbon cutting ceremony. PUBLIC HEARING (ITEMS 1 THROUGH 2) 1. REVOCATION OF USE PERMIT 76-4 Mayor Pro Tem Worley opened the public hearing at 7:36 p.m. Minutes - City Council July 15, 2002 - Page 2 Various speakers Tim O'Brian P.O. Box 2470 Newport Beach Continued to August 5, 2002 Verlyn Jensen 10322 Brightwood Drive Cowan Heights . The following members of the audience spoke in support of Revocation of Use Permit 76-4: David Grant, 130 North "C" Street, Tustin Aaron Coldiron, 183 North "C" Street, Tustin Lisa Serafin 124 North "C" Street, Tustin Joyce Thompson, 140 North "C" Street, Tustin The following member of the audience spoke in opposition to Revocation of Use Permit 76-4 and requested a continuance of the item: Tim O'Brian, P.O. Box 2470, Newport Beach There were no other speakers on the subject and Mayor Pro Tem Worley closed the public hearing at 7:50 p.m. It was moved by Bone, seconded by Doyle to adopt the following Resolution No. 02-67 Revocation of Use Permit 76- 4: RESOLUTION NO. 02-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REVOKING USE PERMIT 76-4 WHICH AUTHORIZED A LUBRICATION AND MINOR TUNE-UP FACILITY AT 155 W. FIRST STREET Motion carried 4-0, Thomas absent. RESOLUTION NO. 02-65 PLACING ASSESSMENTS FOR SOLID WASTE COLLECTION ON THE 2002-2003 TAX ROLL Mayor Pro Tem Worley opened the public hearing at 8:05 p.m. The following member of the audience requested that this item be continued: Vedyn Jensen, 10322 Brightwood Drive, Cowan Heights There were no other speakers on the subject and Mayor Pro Tem Wodey closed the public hearing at 8:09 p.m. It was moved by Bone, seconded by Wodey, to continue Resolution No. 02-65 Placing Assessments For Solid Waste Collection On The 2002-2003 Tax Roll to the August 5, 2002 Council meeting. Motion carried 4-0, Thomas absent. Minutes - City Council July 15, 2002 - Page 3 Approved Approved Approved Adopted Resolution No. 02-66 Approved CONSENT CALENDAR (ITEMS 3 THROUGH 12 ) Item No. 9, Support Of The Orange County Sanitation District Fats, Oils and Grease Control Study, was removed from the Consent Calendar by Councilmember Kawashima. It was moved by Doyle, seconded by Bone, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 4-0. Thomas absent. 1 APPROVAL OF MEETING Recommendation: 1,2002. MINUTES - JULY 1, 2002 REGULAR Approve the City Council Minutes of July , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,921,330.40 and ratify Payroll in the amount of $436,818.81. , AWARD OF CONTRACT FOR INSTALLATION OF AN AUTOMATIC DOOR MECHANISM FOR THE CITY HALL MAIN ENTRANCE (CIP NO. 1032) Recommendation: Award the construction contract for the installation of an automatic door mechanism for the City Hall main entrance (CIP No. 1032) to Don La Force Associates, Inc., the Iow and only bidder, in the amount of $5,850.00, and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Field Services Division. , RESOLUTION NO. 02-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CATCH BASIN INSERT PROJECT, FY 2002-2003 (PROJECT NO. 402-6222) AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 02-66, approving the plans and specifications for the Catch Basin Insert Project, FY 2002-2003 (402-6222), and authorizing and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. , ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT 15380 (RICHMOND- AMERICAN) Recommendation: Release the following bonds for the indicated amounts: Faithful Performance Bond No. 18-66-75 (Jamboree Road Widening), $110,000.00 and Faithful Performance Bond No. 18-66-78 (Perimeter Landscaping), Minutes - City Council July 15, 2002 - Page 4 Approved Adopted Resolution No. 02-64 Received and filed Ratified Approved $361,000.00 as recommended by the Public Works Department/Engineering Division. . AWARD OF BID FOR TUSTIN AREA SENIOR CENTER TENANT IMPROVEMENTS AND COURTYARD LANDSCAPING (NO. 2051) Recommendation: Award the contract for Tustin Area Senior Center Tenant Improvements to Lehman Construction in the amount of $204,100.00 subject to approval of contract requirements by the City Attorney and final execution as recommended by the Parks and Recreation Services Department. 10. RESOLUTION NO. 02-64 - 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 CONSTRUCTION OF THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2001-2002 (CIP NO. 7001), AND ANNUAL SIDEWALK, CURB AND GUTTER REPAIR PROJECT, FY 2001-2002 (PROJECT NO. 402-6235) Recommendation: Adopt Resolution No. 02-64 accepting the construction of the Annual Major Maintenance Project, FY 2001-2002 (CIP No. 7001), and Annual Sidewalk, Curb and Gutter Repair Project, FY 2001-2002 (Project No. 402-6235), 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 $73,744.22 to R.J. Noble Company as recommended by the Public Works Department/Engineering Division. 11. QUARTERLY INVESTMENT REPORT Recommendation: Receive and file. 12. PLANNING COMMISSION ACTION AGENDA- JULY 8, 2002 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Ratify the Planning Commission Action Agenda of July 8, 2002. ITEMS REMOVED FROM THE CONSENT CALENDAR 9. SUPPORT OF THE ORANGE COUNTY SANITATION Minutes - City Council July 15, 2002 - Page 5 Agendized adoption of the FY 2002-2003 Budget at the August 5, 2002 Council meeting Approved Arthur G. Kawamura 14 Cape Danbury Newport Beach, CA Margit Aaron 305 El Camino Real Tustin, CA DISTRICT FATS, OILS AND GREASE CONTROL STUDY Councilmember Kawashima stated the Orange County Sanitation District had requested the City support Phase I of the OCSD FOG study It was moved by Doyle, seconded by Kawashima, to authorize the expenditure of $3,000.00 from the Public Works Department's FY 2002-2003 Operating Budget for participation in Phase I of the OCSD FOG study. Motion carried 4-0, Thomas absent. REGULAR BUSINESS ( ITEMS 13 THROUGH 14 ) 13. DRAFT 2002-2003 BUDGET It was moved by Worley, seconded by Bone to agendize adoption of the Fiscal Year 2002-2003 Budget at the August 5, 2002 Council meeting. Motion carried 4-0, Thomas absent. 14. INTERIM AGRICULTURAL LEASING AT MCAS, TUSTIN It was moved by Bone, seconded by Kawashima, to authorize staff to complete and prepare a Request for Proposal (RFP) for interim agricultural leasing on a portion of the former MCAS, Tustin. Motion carried 4-0, Thomas absent. SECOND PUBLIC INPUT Thanked Council for moving forward with the agricultural leasing; noted that local growers were under the Orange County Farm Bureau; requested additional acreage for interim uses at the former Marine Corps Air Station, Tustin; stated that two-year leases may not be the best option; and stated farming at the former base would provide revenue to the county. Thanked Council for Old Town improvements; requested financial support for the Tustin Old Town Association; and announced the Saturday Farmers Market would be closing. OTHER BUSINESS STATE LEGISLATION Councilmember Doyle commented on various state legislation that seemed to target employers. Minutes - City Council July 15, 2002 - Page 6 STOCK MARKET Councilmember Doyle spoke on Senator Lieberman's comments regarding the stock market. 4th OF JULY Councilmember Kawashima commended staff for a great job on the 4t~ of July event. SHOPPING CARTS Councilmember Kawashima commented on the shopping cart problem in the City; and spoke on shopping cart locking mechanisms he had observed on a recent trip to Lake Tahoe. OLD TOWN CONSTRUCTION Councilmember Kawashima stated the Old Town construction would enhance the area and he was displeased by some local merchants' comments that Council was to blame for the business slow down caused by the construction. VETERANS DAY PARADE Councilmember Kawashima stated a public input speaker's comments questioning the Council's patriotism due to discussions on future Veterans Day Parades were inappropriate; and he remarked on Council's duty as caretakers of taxpayers money. PLANNING COMMISSION INTERVIEWS AND APPOINTMENT Councilmember Kawashima announced that Planning Commission interviews would conducted and an appointment would be agendized at the August 5, 2002 Council meeting. PROCLAMATION REQUEST- PLANNING COMMISSIONER DAVERT be Councilmember Kawashima requested a proclamation for Planning Commissioner Davert, who recently resigned, be presented at the August 5, 2002 Council meeting. TUSTIN TILLER DAYS Mayor Pro Tem Worley invited everyone to Tustin Tiller Days on October 4, 5, and 6, 2002. COMMITTEE REPORTS ORANGE COUNTY SANITATION DISTRICT- OCEAN OUTFALL Councilmember Kawashima noted he would be voting this week on the ocean outfall waiver; commented on misinformation on the issue; and stated he would vote to maintain the waiver and urge the Sanitation District Board to be more aggressive on urban run off and finding the cause of beach closures. Minutes - City Council July 15, 2002 - Page 7 SOUTHERN CALIFORNIA ASSOCIATION OF GO~/ERNMENTS (SCAG) Councilmember Bone gave a SCAG committee report on proposed plans for future Maglev routes; cities had agreed to fund the project study; Metrolink's plan to take over west coast service should Amtrak stop servicing the area; Lois Angeles World Airways' study to take over Marine Corps Air Station, El Toro; and the City of Irvine's sphere for 12,000 homes had not been included in the transportation plan process. WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO) Councilmember Bone gave a WACO committee report including that last year was the driest year, however, there was no shortage of water; the importance of water conservation; outside water use needed conservation assistance; the ocean desalter plan was moving forward; Tustin's water use had increased from last year; and the 17th Street well would be operational in August. ADJOURNMENT- Mayor Pro Tem Wodey adjourned the meeting at 9:04 p.m. The next regular meeting of the City Council was scheduled for Monday, August 5, 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 July 15, 2002 - Page 8