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HomeMy WebLinkAbout02 MINUTES 01-06-0301-06-03 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA DECEMBER 16, 2002 CLOSED SESSION - 5:30 P.M. 5:32 p.m. Council Present: Council Absent: City Clerk: Others Present: None CALL TO ORDER ROLL CALL Mayor Jeffery M. Thomas (arrived at approximately 5:40 p.m.), Mayor Pro Tem Tracy Wills Worley, Councilmembers Lou Bone, Doug Davert and Tony Kawashima None Pamela Stoker William A. Huston, City Manager; Lois Jeffrey, City Attorney; and 0 in the audience. PUBLIC INPUT - ~nnounced CLOSED SESSION REGULAR MEETING- 7:00 P.M. 7:00 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: CALL TO ORDER INVOCATION - Councilmember Bone PLEDGE OF ALLEGIANCE - Mayor Thomas ROLL CALL Mayor Jeffery M. Thomas, Mayor Pro Tem Tracy Wills Worley, Councilmembers Doug Davert, 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; 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; Sam Altowaiji, Field Services Manager; Brian Ragland, Water Minutes - City Council December 16, 2002 - Page 1 None Given Given Allan Browning 1671 Gadand Avenue Tustin, CA Albert Hernandez 12835 Crawford Drive Tustin, CA Adopted Resolution No. 02-123 and approved staff recommendations Services Manager; Jim Draughon, Redevelopment Project Manager; Khanh Nguyen, Building Official;'Justina Willkom, Associate Planner; JoAnn Kang-Somers, Engineering Aide; and approximately 75 in the audience. CLOSED SESSION REPORT OATH OF OFFICE - Ceremonial Oath of Office will be administered to Councilmembers Davert and Worley. PRESENTATION - Employee Showcase/Employee of the Year - JoAnn Kang-Somers FIRST PUBLIC INPUT Discussed the Tustin Chamber of Commerce upcoming survey of businesses; and announced Business of the Year Program. Requested installation of a traffic signal at Tustin Ranch Road and Adams and submitted community petition concerning request. PUBLIC HEARING- (ITEMS 1 THROUGH 2 ) , SUPPLEMENTAl' LAW ENFORCEMENT SERVICES FUND (SLESF) Mayor Thomas opened the public hearing at 7:18 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Bone, seconded by Worley, to 1. Authorize City staff to amend the City's Classification and Compensation Plan(s) to add 2.0 Police Services Officers; 2. Appropriate $50,000.00 from the unappropriated reserves of the General Fund; 3. Approve the use of $50,000.00 of the current year's proceeds from AB 3229 to transfer to the General Fund for he addition of new personnel; 4. Approve the balance of AB 3229 proceeds be transferred to the General Fund to partially offset the annual expense of the City's Gang Unit; and 5. Adopt the following Resolution No. 02-123: RESOLUTION NO. 02-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CITY'S CLASSIFICATION PLAN. Minutes - City Council December 16, 2002 - Page 2 Adopted Resolution No. '- q2-122 Approved Approved Ratified ~dopted Resolution No. 2-119 . Motion carried 5-0. AMENDMENT TO THE 2002-03 ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Mayor Thomas opened the public hearing at 7:20 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Worley, seconded by Davert, to adopt the following Resolution No. 02-122: RESOLUTION NO. 02-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT TO THE CITY'S 2002-03 ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING SUBMISSION OF THE AMENDMENT TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Motion carried 5-0. CONSENT CALENDAR (ITEMS 3 THROUGH 15) It was moved by Worley, seconded by Davert, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. . APPROVAL OF MINUTES - DECEMBER 2, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of December 2, 2002. ,, APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $933,557.07 and ratify Payroll in the amount of $434,692.28. , PLANNING COMMISSION ACTION AGENDA- DECEMBER 9, 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 December 9, 2002. 6. APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE RED HILL AVENUE WIDENING PROJECT AT THE I-5 FREEWAY (APN 500-021-02 AND 04-ELIZABETH S. PANKEY, TRUSTEE) (CIP NO. 7133) Minutes - City Council December 16, 2002 - Page 3 Adopted Resolution No. 02-118 o Recommendation from the Public Works Department/Engineering Division: 1. Adopt Resolution 02-119 finding that the acquisition of a portion of Assessor's Parcel No. 500-021-02 and 04 was considered in the final environmental determination for the Red Hill Avenue Widening Project at the I-5 Freeway (CIP No. 7133) and approving the Purchase Agreement with Elizabeth S. Pankey, Trustee; and 2. Authorize the Mayor and City Clerk to execute the Purchase Agreement with Elizabeth S. Pankey, Trustee on behalf of the City. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NOS. 500-021-02 AND 04 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE RED HILL AVENUE WIDENING PROJECT AT THE I-5 FREEWAY (ClP NO. 7133') AND APPROVING THE PURCHASE AGREEMENT. APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE RED HILL AVENUE WIDENING PROJECT AT THE I-5 FREEWAY (APN 432-042-05 - BILLY F. MATHIS, INC., DBA AL"S WOODCRAFT) (ClP NO. 7133) Recommendation from the Public Works Department/Engineering Division: 1. Adopt Resolution 02-118 finding that the acquisition of a portion of Assessor's Parcel No. 432-042-05 was considered in the final environmental determination for the Red Hill Avenue Widening Project at the I-5 Freeway (CIP No. 7133) and approving the Purchase Agreement with Billy F. Mathis, Inc., dba Al's Woodcraft; and 2. Authorize the Mayor and City Clerk to execute the Purchase Agreement with Billy F. Mathis, Inc., dba Al's Woodcraft on behalf of the City. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 432-042-05 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE RED HILL AVENUE WIDENING PROJECT AT THE I-5 FREEWAY (CIP NO. 7133) AND APPROVING THE PURCHASE AGREEMENT. Minutes - City Council December 16, 2002 - Page 4 Adopted Resolution No. 02-116 SUBMITTAL OF CITY OF TUSTIN APPLICATIONS FOR ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS, FISCAL YEARS 2003/2004 THROUGH 2007/2008 Recommendation: Adopt Resolution No. 02-116 requesting that the Orange County Transportation Authority (OCTA) include the City of Tustin's projects in the Fiscal Years 2003/2004 through 2007/2008 Combined Transportation Funding Programs (CTFP). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,' CALIFORNIA, APPROVING THE SUBMITTAL OF APPLICATIONS FOR CERTAIN IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAMS FOR FISCAL YEARS 2003/2004 THROUGH 2007/2008. Adopted Resolution No. 02-99 , ACCEPTANCE OF EASEMENT DEEDS AND APPROVAL OF A CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (ClP NO. 7147) Recommendation from the Public Works Department/Engineering Division: 1. Adopt Resolution No. 02-99 finding that the acquisition of a portion of Assessor's Parcel Nos. 430-261-17 and 430- 263-02 was considered in the final environmental determination for the Edinger Avenue (Smart Street) . Widening Project (CIP No. 7147); 2. Authorize the City Clerk to accept the Easement Deeds when executed by the Burlington Northern and Santa Fe Railway Company; and 3. Approve the Construction and Maintenance Agreement with the Burlington Northern and Santa Fe Railway Company for the Edinger Avenue (Smart Street) Widening Project, and authorize the Mayor and City Clerk to execute the document on behalf of the City. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NOS. 430-261-17 AND 430-263-02 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147)AND AUTHORIZING THE CITY Minutes - City Council December 16, 2002 - Page 5 Set Public Hearing for February 18, 2003 Adopted Adopted Resolution No. 02-109 Adopted Resolution No. 02-121 Adopted Resolution No. 02-82 CLERK TO ACCEPT THE EASEMENT DEEDS. 10. FEDERAL DISPOSAL SERVICE CONTRACT PERFORMANCE Recommendation: Set a public hearing for the regular meeting on February 18, 2003 to conduct a review of contract performance by Federal Disposal Service. 11. PROPOSED AMENDMENTS TO THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY'S JOINT POWERS AGREEMENT Recommendation: Adopt the proposed amendments to the F/ETCA Joint Powers Agreement as stated in the "Second Amended and Restated Joint Exercise of Powers Agreement Creating the F/ETCA". 12. CREATION OF A NEW UNREPRESENTED SUPERVISORY EMPLOYEE UNIT AND A RESOLUTION RELATING TO SALARY AND BENEFITS OF THIS UNIT Recommendation: Adopt Resolution No. 02-109 creating a new "Supervisory" unit and amending the City's Classification and Compensation Plan to incorporate the changes associated with the creation of the unit, and authorize staff to implement salary and benefit changes associated with adoption of this Resolution for the City's new unrepresented "supervisory" employees. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CREATING A NEW UNIT OF EMPLOYEES DESIGNATED AS SUPERVISORY AND DESIGNATING COMPENSATION AND BENEFITS FOR UNREPRESENTED SUPERVISORY EMPLOYEES. 13. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE PIONEER ROAD PARK IMPROVEMENTS Recommendation: Adopt Resolution No. 02-121 approving plans and specifications for the Pioneer Road Park Improvements, (Project No. 2053) and authorize the City Clerk to advertise for bids. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PIONEER ROAD PARK IMPROVEMENTS - PROJECT NO. 2053. 14. 2002 GENERAL PLAN ANNUAL PROGRESS REPORT Recommendation: Adopt Resolution No. 02-82 authorizing the Community Development Department to forward the progress report to the State Department of Housing and Minutes - City Council December 16, 2002 - Page 6 Approved staff recommendation Adopted Resolution No. 02-114 dopted Resolution No. 2-120 Community Development. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE CITY OF TUSTIN 2002 GENERAL PLAN ANNUAL PROGRESS REPORT. 15. 2001-2002 ANNUAL REPORT Recommendation from the Redevelopment Agency Staff: , , Receive and file an annual report of housing activity for 2001-2002; and Direct that a copy of an annual report of housing activity for 2001-2002 and all reporting documentation and forms be filed with the State Controller and State Department of Housing and Community Development. REGULAR BUSINESS (ITEMS 16 THROUGH 18) 16. APPROVAL OF THE RESOLUTION OF NECESSITY FOR THE ACQUISITION OF ASSESSOR PARCEL NO. 430- 252-007 FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147) It was moved by Worley, seconded by Davert, to adopt the following Resolution No. 02-114 by a four-fifths (4/5) vote authorizing and directing the City Attorney and/or Special Legal Counsel to acquire by condemnation, certain real property interests in the City of Tustin, State of California, described as a portion of Assessor Parcel No. 430-252- 007, and to obtain immediate possession, thereof, for the Edinger Avenue (Smart Street) Widening Project and declaring the public convenience and necessity thereof: RESOLUTION NO. 02-114 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (ClP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF. Motion carried 5-0. 17. ADOPTION OF RESOLUTION NO. 02-120 OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONSENTING TO THE MERGER OF AT&T CORPORATION AND COMCAST CORPORATION TO Minutes - City Council December 16, 2002 - Page 7 Adopted Resolutions No. 02-124 and 02- 125 and approved agreements FORM AT&T COMCAST CORPORATION AS PARENT COMPANY OF THE CITY'S CABLE TELEVISION SYSTEM FRANCHISEE, MEDIAONE OF LOS ANGELES, INC. It was moved by Bone, seconded by Kawashima, to adopt the following Resolution No. 02-120 consenting to the AT&T-Comcast merger subject to compliance with the following conditions: 1. The Franchisee shall submit to the City by December 31, 2002, adequate documentation certifying compliance of their physical plant with all applicable Califomia Public Utilities Commission and Electrical Code requirements; 2. The Franchisee shall pay to the City the minimum sum of five thousand dollars to reimburse the City for physical plant inspection costs by January 6, 2003; and 3. The Franchisee shall submit documentation within sixty days demonstrating compliance with FCC Customer Services Standards for the fourth quarter of 2002. RESOLUTION NO. 02-120 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONSENTING TO THE MERGER OF AT&T CORPORATION AND COMCAST CORPORATION TO FORM AT&T COMCAST CORPORATION AS PARENT COMPANY OF THE' CITY'S CABLE TELEVISION SYSTEM FRANCHISEE, MEDIAONE OF LOS ANGELES, INC. Motion carried 5-0. 17.1 ISSUANCE AND SALE OF NOTES IN A TOTAL AMOUNT OF SIXTY MILLION DOLLARS ($60,000,000)IN FULL SETTLEMENT OF SAUSD V. CITY It was moved by Worley, seconded by Davert, to adopt the following Resolution No. 02-124, making an environmental determination under the California Environmental Quality Act ("CEQA") regarding the issuance and sale of the notes: RESOLUTION NO. 02-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MAKING AN ENVIRONMENTAL DETERMINATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") REGARDING THE ISSUANCE AND SALE OF THE NOTES; It was moved by Worley, seconded by Davert, to adopt the following Resolution No. 02-125, approving the issuance and sale of 2002 revenue anticipation notes by the Tustin Public Financing Authority and authorizing and directing certain actions with respect thereto: Minutes - City Council December 16, 2002 - Page 8 RESOLUTION NO. 02-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE ISSUANCE AND SALE OF 2002 REVENUE ANTICIPATION NOTES BY THE TUSTIN PUBLIC FINANCING AUTHORITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO; and Approved Agreements with Bond Counsel and Financial Advisor. Motion carried 4-0, Kawashima abstained. Mayor Pro Tem Worley was selected as Mayor Mayor Thomas adjourned the City Council meeting at 7:37 p.m. and opened the Tustin Public Financing Authority meeting. Mayor Thomas adjoumed the Tustin Public Financing Authority meeting at 7:38 p.m. and re-opened the City Council meeting at 7:38 p.m. 18. MAYOR AND MAYOR PRO TEM SELECTION It was moved by Thomas, seconded by Davert, to nominate Mayor Pro Tem Worley as Mayor. Motion carried 5-0. Councilmember Kawashima was selected as Mayor Pro Tem It was moved by Thomas, seconded by Davert, to nominate Councilmember Kawashima as Mayor Pro Tem. Motion carried 5-0. None SECOND PUBLIC INPUT OTHER BUSINESS ELECTION Councilmember Davert thanked the public for their support during his election process. TREE LIGHTING CEREMONY Councilmember Davert commented on the Tree Lighting ceremony held on December 6, 2002. MIKE DOYLE Councilmember Davert thanked past councilmember Mike Doyle for his 8 years of service. Minutes - City Council December 16, 2002 - Page 9 HOLIDAYS Councilmembers Davert and Thomas wished everyone happy holidays. CONGRATULATIONS TO MAYOR AND MAYOR PRO TEM Councilmember Bone congratulated Mayor Worley and Mayor Pro Tem Kawashima on their selection. EMPLOYEE AWARDS CEREMONY Councilmember Bone congratulated Adene Marks, Director of Human Resources, for Employee Awards ceremony. SANTA COP Councilmember Bone thanked Chief of Police Steve Foster for Santa Cop program. TUSTIN UNIFIED SCHOOL DISTRICT Mayor Pro Tem Kawashima suggested scheduling a joint meeting with the Tustin Unified School District. TRAFFIC SIGNAL Mayor Pro Tem Kawashima requested the Public Works Department communicate with a public speaker conceming a traffic signal at Tustin Ranch Road and Adams. COMMITTEE REPORTS LEAGUE OF CALIFORNIA CITIES Councilmember Bone announced his recent appointment by the League of California Cities as the Orange County representative of the Transportation, Communications and Public Works Policy Committee for the State of California. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) Councilmember Bone reported that SCAG recently approved several routes for the Maglev system; and stated that the first operational system was expected in 2010. ORANGE COUNTY SANITATION DISTRICT Councilmember Bone requested an update from Mayor Pro Tem Kawashima on the costs associated with the Orange County Sanitation District's secondary treatment for ocean outfall. Minutes - City Council December 16, 2002 - Page 10 ADJOURNMENT- Mayor Worley adjourned the meeting at 8:07 p.m. The next regular meeting of the City Council was scheduled for Monday, January 6, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. TRACY WILLS WORLEY, MAYOR PAMELA STOKER, CITY CLERK Minutes - City Council December 16, 2002 - Page 11