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Home My WebLink AboutCC MINUTES 2002 09 16 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA SEPTEMBER 16, 2002 5:30 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:03 p.m. Council Present: Council Absent: City Clerk: Others Present: None Given Given See above See above CLOSED SESSION - 5:30 P.M. CALL TO ORDER ROLL CALL Mayor Jeffery M. Thomas (arrived at approximately 5:35 p.m.), Mayor Pro Tem Tracy Wills Worley (arrived at approximately 5:35 p.m.) and Councilmembers Lou Bone, Mike Doyle and Tony Kawashima None Pamela Stoker (Absent) William A. Huston, City Manager; Lois Jeffrey, City Attorney; Beverley White, Chief Deputy City Clerk; and 0 in the audience. PUBLIC INPUT CLOSED SESSION - Councilmember Doyle announced the City Council would convene in closed session to confer with the City Attorney regarding 1 ) pending litigation to which the City was 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 ROLL CALL (Agenda Order) Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills Worley, Councilmembers Lou Bone, Mike Doyle and Tony Kawashima None 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; Elizabeth Binsack, Director of Community Development; Steve Foster, Chief of Police; Pat Sanchez, Director of Parks-and Recreation; Doug Anderson, Senior Project Manager; Joe Meyers, Administrative Services Manager; Sam Altowaiji, Field Services Manager; Brian Ragland, Water Services Manager; Scott Reekstin, Senior Planner; Beverley White, Chief Deputy City Clerk; and approximately 50 in the audience. CLOSED SESSION REPORT (Agenda Order) INVOCATION - Councilmember Bone PLEDGE OF ALLEGIANCE.- Mayor Thomas ROLL CALL CLOSED SESSION REPORT Minutes - City Council September 16, 2002 - Page 1 Presented Presented Linda Jennings 350 South "B" Street Tustin, CA Frank Parvin 405 El Camino Tustin, CA Patricia Boardman Living History Alliance Approved Continued to October 7, 2002 Approved Approved Ratified PROCLAMATION/CERTIFICATE OF RECOGNITION- City of Tustin's 75th Anniversary PRESENTATION - Mothers Against Drunk Drivers Award (MADD) - Officer Mark Sauerwein FIRST PUBLIC INPUT Reported on the success of 2002 Broadway in the Park, Pirates of Penzance; over 3,100 people attended during the play's five-night run; thanked sponsors, local businesses and individuals who donated funds; thanked staff for assistance; and spoke on an upcoming concert by the Kiev Symphony and Chorus as part of the Diamond Jubilee. Reported on difficulties his and other businesses have experienced during the 7-month construction in Old Town, requested financial assistance, tax breaks, and advertising campaigns; and requested staff interaction with Old Town merchants. Invited the community to a Living History Alliance event on October 19, 2002 at the Old Orange County Courthouse. PUBLIC HEARING (ITEMS 1 THROUGH 2) o CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM GRANT EXPENDITURE Mayor Thomas opened the public hearing at 7:30 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Worley, seconded by Kawashima, to authorize the Police Department to purchase two (2) high- technology programs to enhance the Police Department's Communication system. Motion carried 5-0. 2. REVISIONS TO HOUSING ELEMENT UPDATE It was moved by Doyle, seconded by Worley, to continue this item to the October 7, 2002 City Council meeting. Motion carried 5-0. CONSENT CALENDAR (ITEMS 3 THROUGH 11 ) It was moved by Doyle, seconded by Worley, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. . APPROVAL OF MINUTES- SEPTEMBER 3, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of September 3, 2002. , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,360,031.90 and ratify Payroll in the amount of $445,425.99. 5. PLANNING COMMISSION ACTION AGENDA- \ SEPTEMBER 9, 2002 All actions of the Planning Commission become final unless Minutes - City Council September 18, 2002 - Page 2 Approved Adopted Resolution No. 02-85 Approved Adopted Resolution No. 02-87 Received and filed Adopted Resolution Nos. 02-88 and 02-89 . , . . 10. 11. appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of September 9, 2002. DECLARATION OF SURPLUS EQUIPMENT Recommendation: Declare equipment as surplus and not required for public use, in accordance With the Tustin City Code, Section 1626, and authorize the Public Works Department to sell the equipment at public auction as recommended by the Public Works Department/Field Services Division. RESOLUTION NO. 02-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NOS. 430-251-01 AND 430-251- 04 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (ClP NO. 7147) AND APPROVING THE PURCHASE AGREEMENT Recommendation: Adopt Resolution No. 02-85, finding that the acquisition of a portion of Assessor's Parcel Nos. 430- 252-01 and 430-252-04 was considered in the final environmental determination for the Edinger Avenue (Smart Street) Widening Project (ClP No. 7147) and approving the Purchase Agreement with Mutual Liquid Gas and Equipment Co., Inc.; and authorize the Mayor and City Clerk to execute the Purchase Agreement with Mutual Liquid Gas and Equipment Co., Inc. on behalf of the City as recommended by the Public Works Department/Engineering Division. CLAIM OF SHIRLEY STRICH- CLAIM NO. 02-23 Recommendation: Deny the Claim and send notice thereof to the Claimant and to the Claimant's insurance company, State Farm Mutual Automobile Insurance Company as recommended by the City Attorney. RESOLUTION NO. 02-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 02-01 Recommendation: Adopt Resolution No. 02-87, approving Lot Line Adjustment No. 02-01 as recommended by the Public Works Department/Engineering Division. WORKER'S COMPENSATION SELF INSURERS ANNUAL REPORT Recommendation: Receive and file as recommended by the Human Resources Department. APPROVE RESOLUTIONS AMENDING THE CITY'S FLEXIBLE BENEFITS PLAN AND ADDING A TRANSIT EXPENSE REIMBURSEMENT PROGRAM FOR ELIGIBLE CITY EMPLOYEES Recommendation by the Human Resources Department: Adopt the following Resolution Nos. 02-88 and 02-89: RESOLUTION NO. 02-88, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ITS FLEXIBLE BENEFITS PLAN RESOLUTION NO. 02-89, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A NEW TRANSPORTATION BENEFITS PLAN Minutes - City Council September 16, 2002 - Page 3 Approved Continued for 60 days Adopted Urgency Ordinance No. 1259, as modified Donated $7,500 REGULAR BUSINESS ( ITEMS 12 THROUGH 16 ) 12. CONSIDERATION OF AN EXTRAORDINARY SOLID WASTE RATE ADJUSTMENT REQUEST BY FEDERAL DISPOSAL SERVICE It was moved by Doyle, seconded by Worley, to approve a $231,753 extraordinary solid waste rate adjustment for Federal Disposal Service directly related to costs of the approved union contract and apply the rate adjustments to commercial and roll off customers. Motion carried 5-0. 13. REQUEST FOR FUNDING FOR THE TUSTIN OLD TOWN ASSOCIATION Councilmember Doyle stated the City had given Tustin Old Town Association money in the past and had not seen improvements, therefore he would not support the request. It was moved by Worley, seconded by Bone, to continue the item for 60 days. Motion carried 4-1, Doyle opposed. 14. ADOPTION OF URGENCY ORDINANCE NO. 1259 EXTENDING A CABLE TELEVISION FRANCHISE WITH MEDIA ONE OF LOS ANGELES, INC., DBA AT&T BROADBAND FOR THIRTY DAYS Councilmember Bone requested the franchise only be extended to October 7, 2002. It was moved by Bone, seconded by Worley, to have first reading by title only and adoption of Urgency Ordinance No. 1259, as modified. Motion carried 5-0 (roll call vote). Pamela stoker, City Clerk, read the following Ordinance No. 1259 by title only: ORDINANCE NO. 1259 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING A CABLE TELEVISION FRANCHISE WITH MEDIA ONE OF LOS ANGELES, INC., DBA AT&T BROADBAND FOR TWO DAYS UNTIL OCTOBER 7, 2002 15. OCFA FIREFIGHTER MEMORIAL Councilmember Bone stated the Tustin Police Department had built a memorial for $120,000 by raising funds; suggested the Orange County Fire Authority do the same; and he could not support the request for donation. Councilmember Doyle said $850,000 was too much money to spend on a memorial; agreed with Councilmember Bone that Orange County Fire Authority could raise the funds; and he would not support the request. It was moved by Worley, seconded by Kawashima, to donate $7,500 to the Orange County Fire Authority Firefighter Memorial. Motion carried 3-2, Bone, Doyle opposed. Minutes - City Council September 16, 2002 - Page 4 Send Letter to City of Irvine Opposing the Segment of CenterLine Project to the Metrolink Station 16. OCTA CENTERLINE PROJECT Councilmember Kawashima abstained from voting on this item. The remaining Council unanimously concurred to send a letter to the City of Irvine opposing the segment of CenterLine Project to the Tustin Metrolink Station. None SECOND PUBLIC INPUT OTHER BUSINESS TILLER DAYS Councilmember Doyle and Councilmember Kawashima encouraged the community to attend Tiller Days. COYOTES Councilmember Kawashima stated coyotes were seen in the Laurelwood development. SENIOR CENTER Councilmember Kawashima commented on a Senior Center voucher program in cooperation with the Feedback Foundation; and commended Mike Koure, a local business owner who was involved in the program. KATHERINE SPUR LAND Councilmember Kawashima said Tustin Meadows residents were interested in receiving information on the Katherine Spur land. FORMER MAYORS Mayor Pro Tem Worley thanked former mayors for coming to the 75th anniversary reception; noted the mayors would be introduced during a ceremony at Tiller Days at noon on Saturday, October 5, 2002; and introduced the mayors in the audience. SKATEBOARDING Mayor Pro Tem Worley noted an article on the growth of skateboarding parks 'in the country; it was estimated there would be about 1,000 by the end of the year; the majority of parks were publicly funded and all were family oriented; and plans for a skateboarding park in the City were on hold. CITY'S 75TM ANNIVERSARY Mayor Thomas stated the City's 75th anniversary would be celebrated at Tiller Days. TUSTIN LINCOLN MERCURY SlGNAGE Mayor Thomas said he had been contacted by the Tustin Lincoln Mercury dealership requesting an increase in signage along the freeway. COMMITTEE REPORTS SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) Councilmember Bone reported that SCAG opposed Proposition 51 because there were not enough funds for Southern California; too much money would be spent on bike lanes and school buses and very little on traffic congestion; a presentation would be made to SCAG on the high speed rail system; and the California High Speed Rail was targeting the first route from Bakersfield to Fullerton. Minutes - City Council September 16, 2002 - Page 5' WATER ADVISORY COMMITTEE OF ORANGE COUNTY Councilmember Bone reported on a Water Advisory Committee meeting; Tustin's demand for water had increased from last year; the City was continuing to use a high percentage of imported water; and when the City's wells were operational the usage would return to normal. ORANGE COUNTY SANITATION DISTRICT Councilmember Kawashima reported that the Orange County Sanitation District was disinfecting the outfall, killing 99.6% of bacteria and had almost reached their goal of 99.7%. ADJOURNMENT- Mayor Thomas adjourned the meeting at 8:26 p.m. The next regular meeting of the City Council was scheduled for Monday, October 7, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. j~cb~y ](/I. THOMAS, MAYOR PAMELA STOKER, CITY CLERK Minutes - City Council September 16, 2002 - Page 6