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Home My WebLink AboutCC MINUTES 2002 08 19 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA AUGUST 19, 2002 5:30 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:01 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: CLOSED SESSION - 5:30 P.M. CALL TO ORDER ROLL CALL Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills Worley, Councilmembers Lou Bone, Mike Doyle and Tony Kawashima None Pamela Stoker (Absent) William A. Huston, City Manager; Beverley White, Chief Deputy City Clerk; and 0 in the audience. PUBLIC INPUT CLOSED SESSION - Mayor Thomas announced 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) conference with Real Property Negotiator (Government Code Section 54956.8). Property: 1252 - 1472 Edinger; APN 430-261-22 and 430-261-23. Negotiators: Property owner Pacific Bell dba SBC and City Manager or Designee (City). Under negotiation: Price and terms of payment; and 3) pending litigation to which the City is a party, Santa Ana Unified School District vs. City of Tustin, Case Number 01CC02595 (state court matter). REGULAR MEETING- 7:00 P.M. CALL TO ORDER INVOCATION - Pastor Dane Counts, Kings Way Foursquare Church of Tustin PLEDGE OF ALLEGIANCE - Councilmember Doyle ROLL CALL Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills Worley, Councilmembers Mike Doyle, Lou Bone and Tony Kawashima None Pamela Stoker William A. Huston, City Manager; Christine Shingleton, Assistant City Manager; Doug Holland, Assistant 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; Steve Foster, Chief of Police; Doug Anderson, Senior Project Manager; Dana Kasdan, Engineering Services Manager; Sam Altowaiji, Field Services Manager; Khanh Nguyen, Building Official; Jim Draughon, Redevelopment Program Manager; Gary Magill, Recreation Superintendent; Brian Ragland, Water Services Manager; Beverley White, Chief Deputy City Clerk; and approximately 35 in the audience. Minutes - City Council August 19, 2002 - Page 1 None CLOSED SESSION REPORT Presented Mary Hill 1322 Bell Avenue, 1-A Tustin, CA Patti Hugh 15561 Placid Circle Huntington Beach, CA Yuri Valiente 15512 Williams Street Tustin, CA Continued to September 3, 2002 Approved Approved Approved PROCLAMATION/CERTIFICATE OF RECOGNITION- None PRESENTATION - Presentation of Municipal Water District of Orange County 50th Anniversary Commemorative Poster FIRST PUBLIC INPUT Invited the community to the upcoming play, Pirates of Penzance, to be held at Peppertree Park; and thanked Council for their support of this event. Requested funding for Hillview High School for an academics program (submitted a letter to Council). Requested street parking improvements and reduction of speed on Williams Street (submitted information to Council). PUBLIC HEARING (ITEM 1 ) 1. REVISIONS TO HOUSING ELEMENT UPDATE The following member of the audience spoke on the Housing Element Update and submitted materials to Council: Richard Spix, 1665 S. 4th Street, Suite 214, Santa Ana It was moved by Worley, seconded by Doyle, to continue this item to the September 3, 2002 City Council meeting. Motion carried 5-0. CONSENT CALENDAR (ITEMS 2 THROUGH 10) It was moved by Doyle, seconded by Worley, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. , APPROVAL OF MINUTES- AUGUST 5, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of August 5, 2002. , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $4,390,863.50 and ratify Payroll in the amount of $450,511.77. o DECLARATION OF SURPLUS PROPERTY Recommendation by Information Technology: 1. Declare the listed equipment surplus and not required for public use. 2. Authorize staff to donate the surplus mobile phones to the Kiwanis Club of Tustin for refurbishment and distribution. 3. Authorize staff to donate surplus MAVS equipment to Orange County Communications for use as parts for repairs on units still in service. 4. Authorize staff to sell/have auctioned serviceable Minutes - City Council August 19, 2002 - Page 2 , equipment of value and dispose of assets beyond repair. Authorize staff to dedicate proceeds of sale to the Senior Center Computer Lab project. Adopted Resolution No. 02-78 , RESOLUTION NO. 02-78- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP 2001-147 TO COMBINE TWO EXISTING PARCELS TO CREATE A 4.7 ACRE PARCEL LOCATED AT 13270 NEWPORT AVENUE FOR THE PURPOSE OF DEVELOPING A RETAIL MARKET WITH DRIVE-THROUGH PHARMACY AND SITE AMENITIES Recommendation: Adopt Resolution No. 02-78, approving Final Parcel Map 2001-147 as recommended by the Community Development Department. Adopted Resolution No. O2-7O , RESOLUTION NO. 02-70 - 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 EDINGER AVENUE WIDENING PROJECT BETWEEN 1400 FEET EAST OF RED HILL AVENUE AND 2400 FEET WEST OF JAMBOREE ROAD (CIP NO. 7132) Recommendation: Adopt Resolution No. 02-70, accepting the Edinger Avenue Widening Project between 1400 feet east of Red Hill Avenue and 2400 feet west of Jamboree Road (CIP No. 7132) 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 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 $272,018.37 to Palp, Inc. DBA Excel Paving Company. Approved staff recommendation , WORKING CAPITAL LOAN AND ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Recommendation by the Finance Director: 1. Increase the outstanding loan balance to the South Central Project Area to $3,000,000 until August 31, 2003. 2. Increase the outstanding loan balance to the MCAS, Tustin Project Area to $1,000,000 until August 31, 2003. 3. Authorize the Mayor and the Chairperson of the Agency to execute the agreement for 2002-2003, offering and accepting a loan and various services from the City to the Agency totaling approximately $4,600,000 for fiscal year 2002-2003. Adopted Resolution No. 02-79 . RESOLUTION NO. 02-79- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF THE WICK IRRIGATION SYSTEM ON JAMBOREE ROAD (CIP NO. 1538) AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 02-79, approving the plans and specifications for the installation of the Wick Irrigation System on Jamboree Road, and authorizing the Minutes - City Council August 19, 2002 - Page 3 Adopted Resolution No. 02-80 Adopted Resolution No. 02-76 Approved Bone appointed to OCFA Board as alternate member Adopted Ordinance No. 1255 . City Clerk to advertise for bids as recommended by the Public Works Department/Field Services Division. RESOLUTION NO. 02-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 01-02 Recommendation: Adopt Resolution No. 02-80, approving Lot Line Adjustment No. 01-02 as recommended by the Public Works Department/Engineering Division. 10. RESOLUTION NO. 02-76- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND OVERALL ANNUAL GOAL OF THE 11% FOR FEDERAL FISCAL YEAR 2002- 2003 FOR ADOPTION AND SUBMISSION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) Recommendation: Adopt Resolution No. 02-76, approving the Disadvantaged Business Enterprise (DBE) Program and Overall Annual DBE Goal of 11% for Federal Fiscal Year 2002-2003 as recommended by the Public Works Department/Engineering Division. REGULAR BUSINESS (ITEMS 11 THROUGH 13 ) 11. CONFIRMATION OF EXISTING CITY POLICY ON MAINTENANCE AND REPLACEMENT OF DAMAGED DRIVEWAY APPROACHES/SIDEWALKS The following member of the audience spoke regarding a damaged street and driveway in the Laurelwood development: Guido Borges, 2182 Dogwood, Tustin (submitted information to Council) It was moved by Worley, seconded by Doyle, to confirm the existing City policy on maintenance and replacement of damaged driveway approaches and sidewalks within the public right-of-way. The current policy states: 1. Adjacent property owners are responsible for the maintenance and/or replacement of damaged driveway approaches and sidewalks if the cause of damage is due to private property activities, such as vehicular traffic access private property (moving vans, delivery vehicles, trash trucks, etc.). 2. The City is responsible for the maintenance and/or replacement of damaged driveway approaches and sidewalks if the cause of damage is due to City activities, such as planting and maintaining parkway trees. Motion carried 5-0. 12. ORANGE COUNTY FIRE AUTHORITY BOARD ALTERNATE APPOINTMENT Council unanimously concurred to appoint Councilmember Bone to the Orange County Fire Authority Board as the alternate member. 13. ORDINANCE NO. 1255- AMENDING THE CITY OF TUSTIN MUNICIPAL CODE PROVISIONS GOVERNING THE TERMS OF MEMBERS OF THE PLANNING Minutes - City Council August 19, 2002 - Page 4 COMMISSION', AUDIT COMMITTEE, AND PARKS AND RECREATION/COMMISSION It was moved by Doyle, seconded by Kawashima, to have second reading by title only and adopt Ordinance No. 1255. Pamela Stoker, City Clerk, read the following Ordinance No. 1255 by title only: ORDINANCE NO. 1255- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PROVISIONS GOVERNING THE TERMS OF MEMBERS OF THE PLANNING COMMISSION, AUDIT COMMITTEE, AND PARKS AND RECREATION COMMISSION Motion carried 5-0 (roll call vote). None SECOND PUBLIC INPUT OTHER BUSINESS ENDERLE CENTER AUTO SHOW Councilmember Doyle spoke on his attendance at the Enderle Center Auto show and commented on the turnout. PRODUCT INVENTION Councilmember Doyle commented on a product invented by a resident and packaged by the Academy for Retarded Citizens, a mentally challenged-group. CHILD ABDUCTION PROGRAM Councilmember Bone and Mayor Thomas thanked staff for providing child abduction program information. SKATEBOARDING Councilmember Bone commented on a newspaper article stating skateboarding was in decline. CONCERTS IN THE PARK Councilmember Kawashima thanked the community for supporting the Concerts in the Park events. Mayor Pro Tem Worley commended staff on the Concerts in the Park events; and noted the Pirates of Penzance would open soon at Peppertree Park and encouraged the community to attend. LIBRARY EXPANSION PROJECT Councilmember Kawashima stated the library project was moving forward, encouraged the community to become involved in the project and asked staff to give an update on the process. Christine Shingleton, Assistant City Manager, reported that the City had passed the preliminary application screening process; the State Library Construction office was reviewing the application; the final decision would not be known until late fall; and there was a one in three chance the City would receive the grant. CITY PARKS Councilmember Kawashima noted family movie nights being held at City parks. Minutes - City Council August 19, 2002 - Page 5 MAILBOXES Mayor Thomas said the postmaster had indicated there were 33 mailboxes in Tustin Ranch; however, he had difficulty locating them. SEPTEMBER 3, 2002 CITY COUNCIL MEETING Mayor Thomas announced he would not be attending the September 3, 2002 Council meeting. SWINGING DOOR Mayor Thomas noted the continuing complaints about the Swinging Door. COMMITTEE REPORTS SANTA ANA RIVER FLOOD PROTECTION AGENCY Councilmember Bone stated he had attended a Santa Ana River Flood Protection Agency tour of Prado Dam and viewed the temporary fence installed to protect wildlife from bulldozers which cost taxpayers approximately $1 million. ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) Councilmember Bone stated he and staff had attended an OCCOG meeting where livable communities was discussed and requested a presentation be made to Council and the Planning Commission. ADJOURNMENT- Mayor Thomas adjourned the meeting at 7:57 p.m. The next regular meeting of the City Council was scheduled for Tuesday, September 3, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. ~0 ~ JEFFERY ~ THOMAS, MAYOR PAMELA STOKER, CITY CLERK Minutes - City Council August 19, 2002 - Page 6