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Home My WebLink About02 MINUTES 10-21-02NO. 2 10-21-02 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA OCTOBER 7, 2002 5:04 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced CLOSED SESSION - 5:00 P.M. CALL TO ORDER ROLL CALL Mayor Jeffery M. Thomas (arrived at approximately 5:05 p.m.), Mayor Pro Tem Tracy Wills Wodey, Councilmembers Lou Bone, Mike Doyle, and Tony Kawashima (arrived at approximately 5:10 p.m.) None Pamela Stoker (Absent) William A. Huston, City Manager; Lois Jeffrey, City Attorney; Joe Meyers, Administrative Services 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 1 ) confer with the City Attorney regarding (a) 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 b) significant exposure to litigation (Govemment Code Section 54956.9(b)(3)(A); 2) consider a performance evaluation pursuant to Government Code Section 54957 (City Manager); 3) confer with the City's labor negotiator pursuant to Government Code Section 54957.6, Agency negotiator is Mayor or Mayor Pro Tem, unrepresented employee (City Manager); 4) confer with the City's real property negotiator. Property: 339 S. Preble (Assessor's Parcel No. 401-592-12), 300 rd E. 3 Street (Assessor's Parcel No. 401-592-10), 325 S. Preble (Assessor's Parcel No. 401-592-11 ), and 305 E. Main Street (Assessor's Parcel No. 401-592-13, 14, and 15). Negotiators: City Manager or designee and William R. and Susan E. Blanchard, Brandon Blanchard and Nicole Blanchard, Ryo Shinagawa, Kenneth J. and Lisa K. Potiker, and Tustin Masonic Temple Association. Under Negotiation: Price and terms of payment; and 5) confer with the City's real property negotiator. Property: 1211 Edinger (Assessor's Parcel No. 430-252-08) and 1201 Edinger (Assessor's Parcel No. 430-252-07). Negotiators: City Manager or designee and Herbert S. Kaufman, and Michael Leifer (AAE). Under Negotiation: Price and terms of payment. Minutes - City Council October 7, 2002 - Page 1 7:04 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: None Presented Presented Mike Portune 14131 Utt Drive Tustin, CA Allan Browning 1131 E. Main Street, #109 Tustin, CA Ken Morrison REGULAR MEETING- 7:00 P.M. CALL TO ORDER INVOCATION - Councilmember Bone PLEDGE OF ALLEGIANCE - 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 William A. Huston, City Manager; Lois Jeffrey, City Attorney; George Jeffries, City Treasurer; 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; Dana Kasdan, Engineering Services Manager; Brian Ragland, Water Services Manager; Khanh Nguyen, Building Official; Scott Reekstin, Senior Planner; Karen Peterson, Senior Planner; Justina Willkom, Associate Planner; Beverley White, Chief Deputy City Clerk; and approximately 75 in the audience. CLOSED SESSION REPORT PROCLAMATION/CERTIFICATE OF RECOGNITION- Hank Nunez - Community Volunteer PRESENTATION - Groundwater Replenishment System Project Status - Lisa Murphy, Orange County Sanitation District FIRST PUBLIC INPUT Represented area homeowners' opposition to the proposed skateboard park at Frontier Park. Thanked Council for their attendance at the Tustin Chamber's Golf Classic; and spoke on various upcoming Chamber of Commerce events. Apologized for incorrect information in his campaign flyer which incorrectly stated an auto accident that occurred in April near Pioneer Park was fatal. Minutes - City Council October 7, 2002 - Page 2 Adopted Resolution No. 02-92 and Introduced Ordinance No. 1260 Continued to October 21, 2002 Approved PUBLIC HEARING (ITEMS 1 THROUGH 3 ) CODE AMENDMENT 02-005 (VVlRELESS COMMUNICATION FACILITY REGULATIONS AND GUIDELINES) Mayor Thomas opened the public hearing at 7:39 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Wodey, seconded by Kawashima, to adopt the following Resolution No. 02-92, adopting the Final Negative Declaration as adequate for Code Amendment No. 02-005; and introduce and have first reading by title only of Ordinance No. 1260, to amend Sections 9276b and 9276i of the Tustin City Code: RESOLUTION NO. 02-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 02-005 (ORDINANCE NO. 1260) AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. Pamela Stoker, City Clerk, read the following Ordinance No. 1260 by title only: ORDINANCE NO. 1260- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SUBSECTIONS b AND i OF SECTION 9276 OF THE TUSTIN CITY CODE, RELATING TO MINOR WIRELESS COMMUNICATIONS FACILITIES 2. REVISIONS TO HOUSING ELEMENT UPDATE It was moved by Doyle, seconded by Wodey, to continue this item to the October 21,2002 City Council meeting. Motion carried 5-0. , LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM Mayor Thomas opened the public hearing at 7:42 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Doyle, seconded by Wodey, to authorize Minutes - City Council October 7, 2002 - Page 3 Approved Approved Ratified Approved Approved Approved usage of funds as recommended by the Police Department. Motion carried 5-0. CONSENT CALENDAR (ITEMS 4 THROUGH 18 ) It was moved by Doyle, seconded by Bone, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. , APPROVAL OF MINUTES - SEPTEMBER 16, 2002 REGULAR MEETING AND SEPTEMBER 23, 2002 SPECIAL MEETING Recommendation: Approve the City Council Minutes of September 16, 2002, and September 23, 2002. , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,536,999.70 and ratify Payroll in the amount of · $893,897.40. , PLANNING COMMISSION ACTION AGENDA- SEPTEMBER 23, 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 September 23, 2002. , JOINDER IN AMICUS BRIEF ON BEHALF OF THE REGIONAL FIRE PROTECTION AUTHORITY IN EASTBURN V. REGIONAL FIRE PROTECTION AUTHORITY Recommendation: The California Supreme Court has granted review in this case after favorable trial court and appellate court decisions in favor of the Authority. The plaintiffs had alleged that the Authority and the City of Victorville were liable because the 911 dispatcher did not send help eadier. The Legal Advocacy Committee of the League of California Cities urges cities to join in the amicus brief as recommended by the City Attorney. , NO COST JOINDER IN AMICUS CURIAE BRIEF IN SUPPORT OF THE CITY OF SACRAMENTO'S PETITION FOR A WRIT OF CERTIORARI IN BARDEN V. CITY OF SACRAMENTO Recommendation: Approve No Cost Joinder in Amicus Curiae Brief in support of the City of Sacramento's Petition For A Wdt of Certiorari as recommended by the City Attorney. 9. JOINDER IN AN AMICUS BRIEF IN SUPPORT OF THE Minutes - City Council October 7, 2002 - Page 4 Approved Approved Approved Approved 10. 11. 12. 13. CITY OF SAN DIEGO IN BORDER BUSINESS PARK, INC. VS. CITY OF SAN DIEGO Recommendation: Approve Joinder in an amicus brief in support of the City of San Diego in Border Business Park, Inc. vs. City of San Diego. The City of San Diego is appealing a trial court decision that found the City liable for a '~taking" of private property when the City publicly investigated a proposal to build a new intemational airport and rerouted commercial truck traffic on a street adjacent to the plaintiff's property as recommended by the City Attomey. CLAIM BY THE GAS COMPANY; CLAIM NO. 02-28 Recommendation: Deny the claim and direct the City Clerk to provide notice to the Claimant and the Claimant's attomeys as recommended by the City Attomey. ENVIRONMENTAL INSURANCE FOR THE RED HILL AVENUE WIDENING PROJECT AT THE I-5 FREEWAY (CIP NO. 7133) Recommendation: Authorize staff to bind environmental insurance coverage from ECS Insurance Company for property to be acquired on the southeast and southwest corners of the intersection of Red Hill Avenue and El Camino Real, and to authorize a premium payment in the amount of $84,046 (which includes taxes and fees), subject to City Attorney approval of all carrier policy terms and conditions as recommended by the Public Works Department/Engineering Division. APPROVAL OF AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. 12-238 WITH THE STATE OF CALIFORNIA FOR THE NEWPORT AVENUE EXTENSlON/SR-55 RAMP RECONFIGURATION PROJECT (CIP NO. 7130) Recommendation: Approve Amendment No. 2 to Cooperative Agreement No. 12-238 with the State of California (Caltrans) and authorize the Mayor and City Clerk to execute the document on behalf of the City as recommended by the Public Works Department/Engineering Division. AWARD OF CONTRACT FOR INSTALLATION OF A WICK IRRIGATION SYSTEM ON JAMBOREE ROAD (CIP NO. 1538) Recommendation: Award the construction contract for the installation of a Wick Irrigation System on Jamboree Road (ClP No. 1538) to Lanco Landscape Management, Inc. the Iow bidder, in the amount of $23,685, and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Minutes - City Council October 7, 2002 - Page 5 Approved Adopted Resolution No. 02-93 Approved Adopted Resolution No. 02-94 14. 15. 16. 17. Department/Field Services Division. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR UPDATE OF ClTYWlDE PAVEMENT MANAGEMENT SYSTEM Recommendation: Approve a Consultant Services Agreement with Nichols Consulting Engineers, Chtd. to update the Citywide Pavement Management System at a not to exceed amount of $64,900 for Fiscal Year 2002-03, and authorize the Mayor and City Clerk to execute the Consultant Services Agreement on behalf of the City as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 02-93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLANS Recommendation: Adopt Resolution No. 02-93, amending the City's Classification and Compensation Plans, adopt the new class specifications and authorize houdy wages for Police Reserve Office Level I/Level II and Police Reserve Officer Level III and approve the new class specification for Police Services Officer as recommended by the Human Resources Department. AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE CATCH BASIN INSERT PROJECT FY 2002-03 (PROJECT NO. 402-6222) Recommendation: Award the construction contract for the Catch Basin Insert Project FY 2002-03 (Project No. 402- 6222) to United Storm Water Inc., the Iow bidder in the amount of $79,682.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 02-94 - 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 FOOTHILL RESERVOIR REPAIRS (ClP No. 6113) Recommendation: Adopt Resolution No. 02-94, 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 the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion; and assuming no other claims or stop Minutes - City Council October 7, 2002 - Page 6 Approved Approved Donated $2,500 Approved Option 3 and Adopted Ordinance No. 1261 payment notices are filed, it is further recommended that the City Council authorize payment of the final 10% retention amount of $49,496.33 to Denboer Engineering and Construction, Inc., thirty-five days after the date of recordation of the Notice of Completion as recommended by the Public works Department/Water Services Division. 18. AWARD OF CONTRACT FOR ANNUAL STRIPING/PAVEMENT MARKING PROGRAM FOR FISCAL YEARS 2002-03 THROUGH 2006-07 (PROJECT NO. 402-6230) Recommendation: Award the contract for the Annual Striping/Pavement Marking Program for Fiscal Years 2002- 03 to 2006-07 (Project No. 402-6230) to the Iow bidder, J & S Sign Company, Inc., in the amount of $107,960.00 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. REGULAR BUSINESS (ITEMS 19 THROUGH 21) 19. APPROVAL OF PERMANENT PARKING ON THE NORTH SIDE OF KELLER DRIVE AND SPECIAL EVENT PARKING ON ROBINSON DRIVE ON WEEKENDS, HOLIDAYS AND FOR SPECIAL EVENTS It was moved by Wodey, seconded by Kawashima, to 1 ) authorize permanent parking on the north side of Keller Drive during weekends, holidays and for special events; and 2) authorize parking on Robinson Drive on an as-needed basis. Motion carried 5-0. 20. TUSTIN HIGH SCHOOL- TILLER TRICK OR TREAT REQUEST It was moved by Wodey, seconded by Kawashima, to donate $2,500 to the Tustin High School Tiller Trick or Treat event. Motion carried 4-1, Bone opposed. 21. MEDIA ONE/AT&T BROADBAND FRANCHISE RENEWAL It was moved by Doyle, seconded by Wodey, to accept Option 3 and have first reading by title only and adoption of Urgency Ordinance No. 1261 extending a Cable Television Franchise with Media One of Los Angeles, Inc., dba AT&T Broadband franchise until January 6, 2003. Minutes - City Council October 7, 2002 - Page 7 Pamela Stoker, City Clerk, read the following Urgency Ordinance No. 1261 by title only: ORDINANCE NO. 1261 -AN URGENCY 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 UNTIL JANUARY 6, 2003 Motion carried 5-0 (roll call vote). None SECOND PUBLIC INPUT OTHER BUSINESS TILLER DAYS Council commended staff on the Tiller Days event and the Tiller Day Parade route. CAR REPAIRS Councilmember Doyle spoke on a recent car repair that required him to purchase an expensive car part. SANTA COP Councilmember Doyle announced the Santa Cop Casino Night would be held on October 12, 2002. TUSTIN HIGH SCHOOL Councilmember Kawashima noted he had been a guest speaker at Tustin High School on the function of government and City Council. ' CAMPAIGN LITERATURE FALSEHOODS Councilmember Kawashima spoke on falsehoods in certain campaign literature; the Pioneer Park planning process; and asked staff to comment on the status of the project. Pat Sanchez, Director of Parks and Recreation, responded plans and specifications for Pioneer Park were in plan check; the bidding process was about 45 days; and the estimated completion date was in late Spring, 2003. PANCAKE BREAKFAST Mayor Pro Tem Worley announced Fire Station 21 was having a pancake breakfast on October 12, 2002, benefiting the Make a Wish Foundation. Minutes - City ,Council October 7, 2002 - Page 8 ANAHEIM ANGELS Mayor Pro Tem Worley wished the Angels baseball team luck in the playoffs. VETERANS DAY PARADE Mayor Thomas noted the Veterans Day Parade would be held on November 11,2002. MAYOR'S PRAYER BREAKFAST Mayor Thomas stated the Mayor's Prayer breakfast would be held on November 7, 2002. MAILBOXES Mayor Thomas commented on Presidio and Serrano communities need for more mail boxes; and asked staff if they could resolve the issue with the post office. Elizabeth Binsack, Director of Community Development, responded they would coordinate a meeting between the two communities and the post office to try and find a solution. PROCLAMATION/CERTIFICATE OF RECOGNITION POLICY Mayor Thomas requested agendizing the Proclamation/Certificate of Recognition policy. COMMITTEE REPORTS TUSTIN PRIDE PUMPKIN JUDGING Councilmember Bone announced Tustin Pride pumpkin judging would begin on October 21,2002. ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) Councilmember Bone reported on OCCOG committee meeting regarding future housing units; the County of Orange would require 194, 683 new units in the next 10 years; more than 90% of growth in the next 10-15 years would be from births; the county did not have the capacity to accommodate the residential growth; and the infrastructure report card for Orange County would be available on October 10, 2002. SANTA ANA RIVER FLOOD PROTECTION AGENCY Councilmember Bone reported on the Santa Ana River Flood Protection Agency committee meeting; and the Prado Dam project was on hold until the federal government approved the budget. Minutes - City Council October 7, 2002 - Page 9 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) Councilmember Bone reported on the SCAG committee meeting including housing numbers were an issue in the lawsuit between the counties in SCAG; the El Toro Airport would remain in the regional airport plan; no position was taken on Proposition 50; and Proposition 51 was opposed due to special interests. WATER ADVISORY COMMITTEE OF ORANGE COUNTY (wACO) Coun¢ilmember Bone reported on a WACO committee meeting; Tustin was using more water than last year and was still importing over 50% of water; and the Orange County Water District would be experiencing a 57% reduction in ground water usage due to a decrease in ground water. ADJOURNMENT- Mayor Thomas adjoumed the meeting at 9:01 p.m. The next regular meeting of the City Council was scheduled for Monday, October 21,2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. JEFFERY M. THOMAS, MAYOR PAMELA STOKER, CITY CLERK Minutes - City Council October 7, 2002 - Page 10