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HomeMy WebLinkAbout03 MINUTES 11-04-02NO. 3 11-04-02 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA OCTOBER 21,2002 5:29 p.m. Council Present: Council Absent: City Clerk: Others Present: None Announced 7:06 p.m. Given Given 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; Lois Jeffrey, City Attorney; 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 to 1 ) confer with the City Attorney regarding pending litigation to which the City is a party, Santa Ana Unified School District vs. City of Tustin, Case Number 01CC02595 (state court matter); 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 real property negotiator. Property: 191,193, and 195 Main Street plusvacant land (approximately 1 ac. site total). Property Negotiators: City Manager or his designee and Pelican Center, LLC (John H. Tillotson, Jr., and Daniel Howse); 5) confer with the City Attorney pursuant to Government Code Section 54956.9(c) regarding the initiation of litigation (one case); and 6) confer with the City's labor negotiator, Arlene Marks, Director of Human Resources, regarding Tustin Police Support Services Association and Tustin Municipal Employees Association. REGULAR MEETING - 7:00 P.M. CALL TO ORDER INVOCATION - Councilmember Bone PLEDGE OF ALLEGIANCE - Girl Scouts of Tustin Minutes - City Council October 21,2002 - Page I See below ROLL CALL None Presented Council Present: Council Absent: City Clerk: Others Present: Mike Portune 14131 Utt Drive Tustin, CA Paul Coyne 150 E. First Street Tustin, CA Robert Machado 1352 Mauna Loa Tustin, CA CLOSED SESSION REPORT PROCLAMATION/CERTIFICATE OF RECOGNITION- None PRESENTATION - Los Angeles to San Diego Rail Corridor presented by Dan Leavitt, CA High-Speed Rail Authority and Steve Schibuola, IBI Group ROLL CALL (Agenda Order) 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; Lois Jeffrey, City Attorney; George Jeffries, City Treasurer; Ron Nault, Director of Finance; Arlene Marks, Director of Human Resources; Tim Sedet, 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; Sam Altowaiji, Field Services Manager; Brian Ragland, Water Services Manager; Scott Reekstin, Senior Planner; Bevedey White, Chief Deputy City Clerk; and approximately 50 in the audience. FIRST PUBLIC INPUT Spoke on issues opposing the skatepark at Frontier Park; a written response to the design development report by Purkiss-Rose would be forthcoming; and he urged Council to revisit the selection process and that all parks be given equal consideration under the same set of criteria. Requested removing use of the name "Learning Village" from the MCAS Tustin Re-use Plan; the Leaming Village name had been used for 20 years for preschool business; and he believed using the name in the re-use plan caused confusion to his cuStomers. Presented Council with Dinosaur Dash t-shirts for the upcoming event on November 3, 2002; thanked the City for assistance with the program; and invited the community to attend. Minutes - City Council October 21, 2002 - Page 2 PUBLIC HEARING (ITEM 1 ) Continued to November 4, 2002 o REVISIONS TO HOUSING ELEMENT UPDATE It was moved by Worley, seconded by Kawashima, to continue this item to the November 4, 2002 City Council meeting. Motion carried 5-0. CONSENT CALENDAR (ITEMS 2 THROUGH 15) It was moved by Doyle, seconded by Worley, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. Approved , APPROVAL OF MINUTES- OCTOBER 7, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of October 7, 2002. Approved , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands 'in the amount of $1,208,321.80 and ratify Payroll in the amount of $458,190.38. Approved . AUTHORIZATION TO EXPEND FUNDS - CROSSING GUARD CONTRACT RENEWAL Recommendation: Renew the existing contract with All City Management Services, Inc. and the City of Tustin in order to provide 34,674 hours of school crossing guard service for the 2002-03 school year as recommended by the Police Department. Approved , AUTHORIZATION TO SOLICIT BIDS FOR HYDRAULIC HAMMER Recommendation: Authorize the City Clerk to advertise and solicit bids for the purchase and installation of one new hydraulic hammer on a City-owned backhoe as recommended by the Public Works Department/Water Service Division. Adopted Resolution No. 02-98 , RESOLUTION NO. 02-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A PRIMA FACIE SPEED LIMIT ON EDINGER AVENUE BETWEEN 1400 FEET EAST OF RED HILL AVENUE AND JAMBOREE ROAD Recommendation: Adopt Resolution No. 02-98 establishing a speed limit of 60 MPH on Edinger Avenue between 1400 feet east of Red Hill Avenue and Jamboree Road as recommended by the Public Works Department/Engineering Minutes - City Council October 21,2002 - Page 3 Approved Adopted Resolution No. 02-95 Adopted Resolution No. 02-86 Received and filed o , o Division. DECLARATION OF SURPLUS EQUIPMENT AT MCAS, TUSTIN Recommendation: Declare the conveyed equipment from base closure as detailed in the attached report 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. 02-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS Recommendation: Adopt Resolution No. 02-95 authorizing the General Services Department of the State of California to purchase a current model year John Deere Landscape Tractor on behalf of the City of Tustin as recommended by the Public Works Department/Field Services Division. RESOLUTION NO. 02-86- 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 CONSTRUCTION OF THE WALNUT AVENUE REHABILITATION FROM BROWNING AVENUE TO MYFORD ROAD (CIP NO. 7125) Recommendation: Adopt Resolution No. 02-86 accepting the construction of the Walnut Avenue Rehabilitation from Browning Avenue to Myford Road (CIP No. 7125), 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 payment notices are filed, thirty- five (35) days after the' date of recordation of the Notice of Completion, the City Council authorize payment of the final 10% retention to R.J. Noble Company as recommended by the Public Works Department/Engineering Division. 10. QUARTERLY INVESTMENT REPORT Recommendation: Receive and file as recommended by the City Treasurer. Minutes - City Council October 21,2002 - Page 4 Approved Approved staff recommendation Approved Ratified Approved Adopted Ordinance No. 1260 11. 12. 13. 14. AWARD OF CONTRACT FOR GRAFFITI REMOVAL PROGRAM Recommendation: Authorize the Community Development Director to enter into a contract with Graffiti Control Systems for the removal of graffiti from public and private property as recommended by the Community Development Department. ANIMAL CONTROL/SHELTER CONTRACT FOR FISCAL YEAR 2002~03 Recommendation by the Finance Director: 1. Authorize the Mayor to sign the Animal Control/Shelter agreement for Fiscal Year 2002/03 in the amount of $127,956; and 2. Appropriate $48,000 from the Unappropriated Fund Balance of the General Fund to line item 01-801- 6920, Animal Control- County Contract. CLAIM OF CHRISTOPHER CORUM, CLAIM NO. 02-18 Recommendation: Deny the claim and direct the City Clerk to send notice thereof to claimant and the claimant's attorneys as recommended by the City Attorney. PLANNING COMMISSION ACTION AGENDA-OCTOBER 14, 2O02 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 October 14, 2002. 15. CLAIM OF CHRISTOPHER MANN- CLAIM NO. 02-29 Recommendation: Deny the claim and direct the City Clerk to send notice thereof to the claimant and to the claimant's attorneys as recommended by the City Attomey. REGULAR BUSINESS (ITEMS 16 THROUGH 17 ) 16. ORDINANCE NO. 1260 - CODE AMENDMENT 02-005 (WIRELESS COMMUNICATION FACILITY REGULATIONS AND GUIDELINES) It was moved by Doyle, seconded by Worley, to have second reading by title only and adoption of Ordinance No. 1260. 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 Minutes - City Council October 21,2002 - Page 5 OF THE TUSTIN CITY CODE, RELATING TO MINOR WIRELESS COMMUNICATIONS FACILITIES Motion carried 5-0 (roll call vote). Approved staff recommendation 17. MODIFICATION TO THE PARKS SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM TO ADJUST THE UTT MIDDLE SCHOOL SPORTFIELD LIGHTING PROJECT It was moved by Worley, seconded by Kawashima, to 1 ) Approve a supplemental appropriation of $25,000 from the unappropriated reserves of the Park Development Fund to increase the total project budget for the Utt Middle School Sportsfield Lighting from $55,000 to $80,000, with no expenditure or transfer of funds to the District until plans for the project are approved by the District and the modified joint use agreement for facilities at Utt Middle School is approved and executed by the City and the School District and 2) Direct staff to modify the proposed agreement for improvements to the Utt Middle School Sportsfield Lighting Project with the Tustin Unified School District to provide for the City's reimbursement of not to exceed $80,000 to pay for Tustin's portion of the cost of improvements and to modify Section 1 of the proposed agreement to allow for the completion and installation of the sportsfield lighting to be extended to June 1,2003. Motion carried 5-0. The following member of the audience spoke in opposition to the Utt Middle School Sportsfield Lighting project: Mary Ann Ehret, 13734 Comanche (submitted petition). None SECOND PUBLIC INPUT OTHER BUSINESS CANDIDATES FORUM Councilmember Doyle remarked on comments made by Mayor Pro Tem Wodey at the recent Candidates Forum regarding the Tustin Unified School District (TUSD) and the City Council; and wished Jane Bauer of the TUSD Board a good retirement. Councilmember Kawashima spoke on the recent Candidates Forum; thanked the Chamber of Commerce for the event; noted inaccurate candidate statements regarding terrorism and the threat to Tustin; and asked staff to comment. Steve Foster, Chief of Police, responded the Police Department received daily input from California Anti-Terrorist Information Center; Tustin was not a designated threat city; and commented on Police Department training and coordinated responses. Minutes - City Council October 21,2002 - Page 6 TUSTIN UNIFIED SCHOOL DISTRICT (TUSD) Councilmember Doyle commented on TUSD Board concerns regarding the Santa Ana Unified School District agreement on MCAS Tustin; the TUSD Board was not involved in negotiations for various reasons but had been notified of the status of negotiations many times; and noted the City would be paying $400,000 for Pioneer Park lighting in addition to the cost of electricity and maintenance. Mayor Thomas spoke on differences between TUSD Board and the City; he had met with different Board members in the past; and hoped the good relationship between TUSD and previous Mayors continued. ADJOURN MEETING IN MEMORY OF FRANK WASKO Councilmember Doyle requested adjourning the meeting in memory of Frank Wasko, father of Jim Wasko, owner of the Crab Cooker in Tustin. FREE EDUCATION FOR VICTIMS OF SEPTEMBER 11 Councilmember Doyle commented on the State of California offering free education for the children of victims of terrorist attacks in New York. SANTA COP PROGRAM Councilmember Bone thanked staff for the Santa Cop program. ANAHEIM ANGELS Councilmember Bone congratulated the Angels baseball team for their successes. Mayor Pro Tem Wodey encouraged the Angels in their World Series bid. Mayor Thomas requested proclamations for the Angels players. PIONEER PARK Councilmember Kawashima questioned when Pioneer Park was going out to bid. Pat Sanchez, Director of Parks and Recreation, responded the anticipated date was November 18, 2002. CAMPAIGN PROPAGANDA Mayor Pro Tem Worley spoke on campaign propaganda and negative mailers; and urged voters not to believe the negative ads. TUSTIN AUTO CENTER Mayor Thomas noted requests from the Automobile Dealers Association and Tustin Lincoln Mercury for a lighted, neon sign at the Tustin Auto Center. Minutes - City Council October 21,2002 - Page 7 MAYOR'S PRAYER BREAKFAST Mayor Thomas announced the Mayor's Prayer Breakfast would be held on November 7, 2002; Sheriff Mike Carona would be the key note speaker; and the topic would be protecting children in an uncertain world. VETERANS DAY PARADE Mayor Thomas reminded everyone that November 11,2002, was the Veterans Day Parade. ELECTION DAY Mayor Thomas reminded everyone November 5, 2002, was Election Day. COMMITTEE REPORTS LEAGUE OF CITIES Councilmember Bone spoke on the League of Cities Orange County Transportation Authority Task Force regarding changing the makeup of the Orange County Transportation Authority Board to two members instead of one member from every supervisory district; and the Authority would be asking the state legislature to transfer the decision making process to Orange County. Councilmember Bone stated the Maglev Committee had approved two operating segments, from Los Angeles International Airport to March Air Force Base and Union Station to Anaheim; and the Transportation Policy Committee would review the routes in November. ORANGE COUNTY SANITATION DISTRICT Councilmember Kawashima reported the Orange County Sanitation Board would vote to approve groundwater replenishment at their next meeting. ORANGE COUNTY FIRE AUTHORITY Mayor Pro Tem Worley noted the Orange County Fire Authority headquarters building on Tustin Ranch Road was under construction. TRANSPORTATION CORRIDOR AGENCY Mayor Pro Tem Wodey noted the merging of boards for the Foothill/Eastern Transportation Corridor and San Joaquin Corridor Agencies. Minutes - City Council October 21, 2002 - Page 8 ADJOURNMENT- Mayor Thomas adjourned the meeting at 8:37 p.m. in memory of Frank Wasko. The next regular meeting of the City Council was scheduled for Monday, November 4, 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 21, 2002 - Page 9