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Home My WebLink About03 MINUTES 09-16-02NO. 3 09-16-02 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA SEPTEMBER 3, 2002 5:30 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:03 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: CLOSED SESSION- 5:30 P.M. CALL TO ORDER ROLL CALL Mayor Pro Tem Tracy Wills Wodey, Councilmembers Lou Bone, Mike Doyle, and Tony Kawashima (arrived at approximately 5:40 p.m.) Mayor Jeffery M. Thomas Pamela Stoker (Absent) William A. Huston, City Manager; Beverley White, Chief Deputy City Clerk; and 0 in the audience. PUBLIC INPUT CLOSED SESSION - Mayor Pro Tem Worley 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, Santa Ana Unified School District vs. City of Tustin, Case Number 01CC02595 (state court matter); and 2) significant exposure to litigation pursuant to Government Code Section 54956.9(b)(3)(A), one (1) case. REGULAR MEETING - 7:00 P.M. CALL TO ORDER INVOCATION - Pastor Jon Spencer, Heartfelt Ministries PLEDGE OF ALLEGIANCE - Councilmember Kawashima ROLL CALL Mayor Pro Tem Tracy Wills Worley, Councilmembers Mike Doyle, Lou Bone 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; Tim Serlet, Director of Public Works; Minutes - City Council September 3, 2002 - Page 1 None Allan Browning 1131 E. Main Street Tustin, CA Bill Hankins 220 South "A" Street Tustin, CA Continued to September 16, 2002 Adopted Resolution No. 02-81 Elizabeth Binsack, Director of Community Development; Steve Foster, Chief of Police; Pat Sanchez, Director of Parks and Recreation; Doug Anderson, Senior Project Manager; Dana Kasdan, Engineering Services Manager; Sam Altowaiji, Field Services Manager; Brian Ragland, Water Services Manager; Scoff Reekstin, Senior Planner; Beverley White, Chief Deputy City Clerk; and approximately 25 in the audience. CLOSED SESSION REPORT PROCLAMATION/CERTIFICATE OF RECOGNITION- None FIRST PUBLIC INPUT Reported on Chamber of Commerce functions including a breakfast commemorating September 11th at Tustin Ranch Golf Course; commented on SB1661 affecting California businesses; stated the Tustin Unified School District website had been updated; invited the community and Council to the Veterans Day parade (submitted invitations to Council); and stated next year's Veterans Day would be celebrated as a park event. Reported on a property maintenance problem at 140 "A" Street and requested City assistance to rectify the problem. PUBLIC HEARING (ITEMS 1 THROUGH 2) 1. REVISIONS TO HOUSING ELEMENT UPDATE It was moved by Doyle, seconded by Kawashima, to continue this item to the September 16, 2002 City Council meeting. Motion carried 4-0, Thomas absent. 2. TENTATIVE PARCEL MAP 2002-106 Mayor Pro Tem Worley opened the public hearing at 7:19 p.m. The following member of the audience spoke in support of Tentative Parcel Map 2002-106: Tom Baumgartner, 535 E. Main Street There were no other speakers on the subject and the public hearing was closed at 7:26 p.m. Minutes - City Council September 3, 2002 - Page 2 Approved Approved Ratified Adopted Resolution No. 02-84 It was moved by Doyle, seconded by Bone, to adopt the following Resolution No. 02-81 approving Tentative Parcel Map 2002-106: RESOLUTION NO. 02-81, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2002-106 TO SUBDIVIDE AN EXISTING 1.62-ACRE PARCEL INTO TWO PARCELS LOCATED AT 535 E. MAIN STREET FOR CONVEYANCE PURPOSES (APN NO. 401-612-03) Motion carried 4-0, Thomas absent. CONSENT CALENDAR (ITEMS 3 THROUGH 10 ) It was moved by Doyle, seconded by Bone, to approve the Consent Calendar as recommended by staff. Motion carried 4-0, Thomas absent. , APPROVAL OF MINUTES - AUGUST 19, 2002 REGULAR MEETING AND AUGUST 22, 2002 SPECIAL JOINT MEETING OF THE CITY COUNCIL AND TUSTIN PUBLIC FINANCING AUTHORITY Recommendation: Approve the City Council Minutes of August 19 and August 22, 2002. . APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,608,210.20 and ratify Payroll in the amount of $434,349.64. , PLANNING COMMISSION ACTION AGENDA- AUGUST 26, 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 August 26, 2002. 6. RESOLUTION NO. 02-84- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORK OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR WATER MAIN REPLACEMENTS AT VARIOUS LOCATIONS (CIP NO. 6145) Recommendation: Adopt Resolution No. 02-84 accepting said work 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 of Faithful Performance Bond Minutes - City Council September 3, 2002 - Page 3 Approved Adopted Resolution No. 02-83 Adopted Resolution No. 02-69 Adopted Resolution No. 02-18 , , , not sooner than one year after the date of recordation of the Notice of Completion; and assuming no other claims or stop payment notices are filed, it is further recommended that the City Council authorize payment of the final 10% retention amount of $39,000.34 to Ken Thompson, Inc., thirty-five days after the date of recordation of the Notice of Completion. This amount together with previous payments totals $390,003.39 and represents 100% of the final contract cost as recommended by the Public Works Department/Water Services Division. AWARD OF CONTRACT FOR ANNUAL STREET/ALLEY REPAIR PROGRAM FOR FISCAL YEARS 2002/2003 TO 2006/2007 (PROJECT NO. 402-6245) Recommendation: Award the contract for the Annual Street/Alley Repair Program for Fiscal Years 2002/2003 to 2006/2007 (Project No. 402-6245) to the Iow bidder, International Pavement Solutions, Inc. in the amount of $98,880.00, and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 02-83- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN Recommendation: Adopt Resolution No. 02-83, modifying the Appendix (Designated Positions) contained in the City's Conflict of Interest Code to modify certain position titles as recommended by the Office of the City Clerk. RESOLUTION NO. 02-69- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF THE CITY CLERK OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS, PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE Recommendation: Adopt Resolution No. 02-69, authorizing the destruction of records in the possession of the City Clerk as recommended by the Office of the City Clerk. 10. RESOLUTION NO. 02-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION NO. 00-25 Minutes - City Council September 3, 2002 - Page 4 Adopted Urgency Ordinance No. 1258 Continued to September 16, 2002 Allan Browning 1671 Garland Tustin, CA Recommendation: Adopt Resolution No. 02-18, amending the City's Classification and Compensation Plan, granting salary increases, updating the provision of benefits provided to the City's unrepresented "Executive Management" and~ "Management" employees, and authorizing staff to, if necessary, adjust the Fiscal Year 2002/2003 budget to reflect the changes approved as recommended by the Human Resources Department. REGULAR BUSINESS (ITEMS 11 THROUGH 12 ) 11. ADOPTION OF URGENCY ORDINANCE NO. 1258, EXTENDING A CABLE TELEVISION FRANCHISE WITH MEDIA ONE OF LOS ANGELES, INC., DBA AT&T BROADBAND FOR THIRTY DAYS It was moved by Doyle, seconded by Bone, to have first reading by title only and adoption of Urgency Ordinance No. 1258, extending a Cable Television Franchise with Media One of Los Angeles, Inc., dba AT&T Broadband for thirty days. Motion carried 4-0, Thomas absent. Pamela Stoker, City Clerk read the following Urgency Ordinance No. 1258 by title only: ORDINANCE NO. 1258- AN URGENCY ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING A CABLE TELEVISION FRANCHISE WITH MEDIA ONE OF LOS ANGELES, INC., DBA AT&T BROADBAND FOR THIRTY DAYS UNTIL OCTOBER 5, 2002 12. TUSTIN OLD TOWN ASSOCIATION REQUEST FOR FUNDING It was moved by Doyle, seconded by Kawashima, to continue this item to the September 16, 2002 City Council meeting. Motion carried 4-0, Thomas absent. SECOND PUBLIC INPUT Questioned if the City owned the cable lines and what options the City had with the AT&T franchise agreement. Mayor Pro Tem Worley responded that the City did not own.the cable lines; local control was decreased when Congress passed deregulation in 1996; cable subscribers had decreased 10,000 to Minutes - City Council September 3, 2002 - Page 5 6,000; and the City was attempting to improve cable service through the agreement. Lois Jeffrey, City Attorney, also responded that the City Council was very unhappy with the performance of AT&T; there had not been a response to letters the City sent to AT&T on electrical violations; the City Council had not been willing to renew the contract, however, Council did not want to remove cable television from residents and were working with AT&T to resolve issues. OTHER BUSINESS SENIOR PICNIC Councilmember Doyle attended the senior picnic and had a great time. STATE BUDGET Councilmember Doyle reported the governor signed the state budget; 1,000 jobs were cut to save money; and car registration fees Could be raised. SANTA ANA ROADS Councilmember Doyle noted the poor condition of the roads in Santa Ana. ADJOURN MEETING IN HONOR OF DONNIE SEARS Councilmember Doyle requested adjourning the meeting in honor of Donnie Sears who was a great athlete in the late 1950's in Tustin. SB 1661 Councilmember Bone commented on SB 1661's author, Senator Sheila Kuehl. ALBERTSON'S CENTER Councilmember Kawashima stated the Albertson's center was in poor condition. START OF SCHOOL Councilmember Kawashima announced school was starting tomorrow. CITY SUMMER PROGRAMS Councilmember Kawashima remarked on the wonderful summer programs the City offered. ADJOURN MEETING IN MEMORY OF DEE DYBALL Mayor Pro Tem Wodey requested adjourning the meeting in memory of Dee Dyball who worked and volunteered at the Tustin Area Senior Center. Minutes - City Council September 3, 2002 - Page 6 SEPTEMBER 11,2001 MEMORIAL Mayor Pro Tem Worley invited the public to attend events at the Tustin Ranch Golf Course and Santa Ana Civic Center on September 11,2002. DOWNTOWN IMPROVEMENTS Mayor Pro Tem Worley questioned when the downtown improvements would be completed. Tim Serlet, Director of Public Works responded the improvements would be completed by the end of September. TILLER DAYS Mayor Pro Tem Worley announced Tiller Days would be held October 4, 5, 6, 2002, and asked staff to provide more information on Tiller Days. Pat Sanchez, Director of Public Works, responded the Tiller Days parade had over 80 entries including some which would commemorate the City's 75th anniversary; HONK and Open Wide bands would be entertaining during the fair; and a special celebration would be held at noon to recognize all former Tustin mayors. CITY'S 75TM ANNIVERSARY Mayor Pro Tem Worley announced that on September 16, 2002, the City would commemorate its 75th anniversary; refreshments would be served after the Council meeting; and the public was invited to attend. FIRE MEMORIAL Mayor Pro Tem Worley requested agendizing discussion of a donation to the fire memorial at the new fire headquarters. COMMITTEE REPORTS TUSTIN PRIDE Councilmember Bone noted Tustin Pride had been in operation for 10 years. ORANGE COUNTY SANITATION DISTRICT Councilmember Kawashima reported on a joint meeting with the Orange County Sanitation District and Orange County Water District; the cost of the groundwater replenishment project had increased $75 million; and requested agendizing a presentation on groundwater replenishment. Minutes - City Council September 3, 2002 - Page 7 ADJOURNMENT- Mayor Pro Tem Worley adjoumed the meeting at 7:48 p.m. in memory of Donnie Sears and Dee Dyball. The next regular meeting of the City Council was scheduled for Monday, September 16, 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 September 3, 2002 - Page 8