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Home My WebLink About02 MINUTES 11-02-98 MINUTES · REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA OCTOBER 19, 1998 NO. 2 11-2-98 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Pro Tem Worley at 7:00 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Doyle. The :Invocation was given by Pastor Dane Counts, Kings Way Church. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Tracy Wills Worley, Mayor Pro Tem Mike Doyle Jeffery M. Thomas Thomas R. Saltarelli, Mayor Jim Ports Pamela Stoker William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George ]effries, City Treasurer Elizabeth Binsack, Director of Community Development Ronald A. Nault, Finance Director Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Rita Westfield, Assistant Director/Com. Development Valerie Crabill, Chief Deputy City Clerk Robert Schoenkopf, Police Captain Gary Veeh, Water Services Manager Doug Anderson, Senior Project Manager Approximately 40 in the audience PRESENTATION ORANGE COUNTY BOARD OF SUPERVISOR THOMAS W. WILSON, STM DISTRICT Supervisor Wilson thanked the voters who elected him in the June election; commented on the successful communication between his office and the City; encouraged 'the public to contact his office with 'concerns regarding the Eastern Transportation Corridor opening; noted the demands placed on public officials; wished Mayor Pro Tem Worley and Councilmember Doyle luck in the November election; and looked forward to continued cooperation between the County of Orange and City of Tustin. Mayor Pro Tem Worley thanked Supervisor Wilson for his dedication as a County Supervisor and the effective communication between his office and City of Tustin. CITY COUNCIL MINUTES Page 2, 10'-19-98 PUBLIC INPUT POLICE DEPARTMENT Bart Duesler, 13352 Shephard Way, Santa Ana, reported that during a police raid on an office building, he was temporarily detained and handcuffed; commended police officers for their professionalism; complained that female detainees were not handcuffed; and requested gender equality in police arrest procedures. PAID CALL FIREFIGHTERS Dan York, representing the Red Hill Firefighters Association, thanked Council for their support during the dispute between Paid Call Firefighters and the Fire Authority regarding elimination of the Paid Call Firefighter program. PUBLIC HEARING - None. CONSENT CALENDAR (ITEMS I THROUGH 14) It was moved by Thomas, seconded by Doyle, to approve the Consent Calendar as recommended by staff. Motion carried 3-0, Saltarelli, Potts .absent. Al g Sm APPROVAL OF MINUTES - OCTOBER 5, 1998 REGULAR MEETING Recommendation: Approve the City Council Minutes of October 5, 1998. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $328,949.52 and ratify Payroll in the amount of $380,682.72. RESOLUTION NO. 98-92 - A RESOLLITION OF THE C1TY COUNCIL OF THE C1TY OF TUSTIN, CAITFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF CONDI'llONAL USE PERM1T 98-010 AND DESIGN REVIEW 98-008, A REQUEST TO ESTABITSH A 60 FOOT TALL MA]OR WIRELESS COMMUNICATIONS FACILI'TY ON THE PROPERTY LOCATED AT 550 WEST 6TM STREET (APPLICANT: NEXTEL COMMUNICATIONS) Recommendation: Adopt Resolution No. 98-92 upholding the Planning Commission's action approving Conditional Use Permit' 98-010 and Design Review 98-008 as recommended by the Community Development Department. RESOLUTION NO. 98-89 - A RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF 'I'USTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT. AND AUTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR THE ANNUAL ASPHALT CONCRETE REHABILITATION AND SLURRY SEAL PROJECT, 1997-98 FY (CIP 70000'1) Recommendation: Adopt Resolution No. 98-89 accepting said work as complete 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 as recommended by the Public Works Department/Engineering Division. CITY COUNCIL MINUTEs Page 3, 10-19~98 1m m g m 10. :1.:!.. RESOLUTION NO. 98-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,. APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE RAWLINGS RESERVOIR BOOSTER STATION AND AUTHORIZING ADVERTISEMENT FOR BIDS (PRO.1ECT NO. 600115) Recommendation: Adopt Resolution No. 98-87 approving plans and specifications and authorizing advertisement for bids for subject project as recommended by the Public Works Department/VVater Services Division. RENEWAL OF 3OHN WAYNE AZRPORT OUTER MARKER LEASE WITH COUNTY OF ORANGE Recommendation: Authorize the Mayor and City Clerk, pending final City Attorney approval, to execute subject lease with the County of Orange for the use of 400 square feet at the Foothill Reservoir site as recommended, by the Public Works Department/Water Services Division. STATUS REPORT: PROTECTED/PERMISSIVE LEFT-TURN PHASING STUDY (¢'rp NO. 800056) Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 98-9:1. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN Recommendation: Adopt Resolution No. 98-91 to amend the Classification Plan by adding the position of Senior Center Van Driver for the provision of transpOrtation services to seniors at the Tustin Area Senior Center as recommended by Parks and Recreation Services. PLANNING COMMISSION ACTION AGENDA- OCTOBER 12, 1998 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratifi/the Planning Commission Action Agenda of October 12, 1998. RESOLUTION NO. 98-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR MITCHELL AVENUE WIDENING BEI1NEEN "B'. STREET AND NEWPORT AVENUE - COMMUNITY DEVELOPMENT BLOCK GRANT 1997-98 FY (CIP NO. 200032) .Recommendation: Adopt Resolution No.' 98-88 accepting said work as complete and authorize 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 alter the date of recordation of the Notice of Completion, and (2) Release the Faithful Performance Bond not sooner than one year alter the date of recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 98-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMI-i'TAL OF IMPROVEMENT PRO.1ECTS TO THE ORANGE COUNT~ TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM CFTY COUNCIL MINUTES Page q, 10-19-98 Recommendation: Adopt Resolution No. 98-93 requesting the Orange County Transportation Authority to include the City of Tustin projects in the 1999-2000/2003-2004 Combined Transportation Funding prOgrams as recommended by the Public Works Department/Engineering Division. 12. QUARTERLY INVESTMENT REPORT In compliance with Government Code Section 53646, the Investment Report for the quarter ending September 30, 1998, is submitted for City Council review. Recommendation: Receive and file subject report as recommended by the City Treasurer. 13,' PROGRESS REPORT: CEDAR GROVE PARK AND HERI'TAGE PARK (PRO.1ECT NOS. 40004:1 AND 400042) Recommendation: Receive and file subject report as recommended by Parks and Recreation Services. 14. (REMOVED FROM AGENDA) REGULAR BUSINESS ( ITEM 15 ) 15. PAID CALL FI'REFIGHTER PROGRAM Councilmember Doyle stated that continuance of this matter waS at the request of the Fire Authority; in the event the Fire Authority. voted on the program prior to the scheduled date of November 19, 1998, Council would call a special meeting regarding the issue; he supported the Paid Call Firefighter program; and stressed the importance of keeping the program. Mayor Pro Tem Worley commented on the years of service Paid Call Firefighters had given to the program; the importance of maintaining the program; stated, she had addressed the Fire Authority Executive Committee on the necessity of keeping the program in case of a major catastrophe; remarked on a Paid Call Firefighter who had volunteered his time to help design Station 21; the City's appreciation of all Paid Call Firefighters;. and she supported the Paid Call Firefighter program. · It was moved by Thomas, seconded by Doyle, to continue this item to the November 2, 1998 City Council meeting, provided a special Council meeting was not necessary. Motion carried 3-0, Saltarelli, Ports absent. PUBLIC INPUT- None OTHER BUS]:NESS TILLER DAYS Councilmember Doyle reported Tiller Days and Parade was a successful, well-attended event and commended the Police Department for gang suppression activity during the event. CITY COUNCIL MINUTES Page 5, 10-!9-98 Mayor Pro Tem Worley commended the Tiller Days and Parade Committee for a great event. · HERITAGE PARK DEDICATION Mayor Pro Tem Worley announced Heritage Park dedication 'Would be held on October 31, 1998, with refreshments, contests and games free to the public. COMMI'iTEE REPORTS - None CLOSED SESSION Mayor Pro Tem Worley announced that the City Council would convene in closed session to confer with the City Attorney pursuant to Government Code Section 54956.9 (b) regarding threatened litigation, namely: (1) Claim.of Freedom Newspapers, Inc., Claim No. 97-44 and (2) Claim of Zachary Meisinger, Claim No. 98-31. The City Council also conferred with the City Attorney pursuant to Government Code Section 54956.9(c) regarding the initiation of litigation, one (1) case, AD3OURNMENT lVlayor Pro Tem Worley adjourned the meeting at 7:24 p.m. The next regular meeting of the City Council was scheduled for Monday, November 2, 1998, at 7:00 p.m.-in the Council Chamber at 300 Centennial Way. CLOSED SESSION STATEMENT . :It was moved and seconded to deny the claim of Zachary Meisinger. ' Saltarelli, Ports absent. Motion carried 3-0, . ]It was moved and seconded to deny the claim of Freedom Communications, :Inc. carried 3-0, Saltarelli, Ports absent. Motion . It was moved and seconded to join an amicus brief being filed on behalf of the. City of Los Angeles in Alameda Books Inc. v. City of Los Angeles, Case No. CV95-7771 (Ninth Circuit Docket No. 98-56200). Motion carried 3-0, Saltarelli, Ports absent. THOMAS R. SALTARELLI~ MAYOR PAMELA STOKER, CITY CLERK