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Home My WebLink About03 MINUTES 02-03-97 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JANUARY 20, 1997 NO. 3 2-3-97 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Pro Tem Thomas at 7:04 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Doyle. INVOCATION The Invocation was given by Rev. Lynne Austin, Aldersgate United Methodist Church. ROLL CALL Council Present: Jeffery M. Thomas, Mayor Pro Tem Mike Doyle Thomas R. Saltarelli Council Absent: Tracy Wills Worley, Mayor Jim Potts City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George Jeffries, City Treasurer Steve Foster, Acting Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Mike Henley, Director of Community Services Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Com. Development Valerie Crabill, Chief Deputy City Clerk Martin Pastucha, Field Services Manager Dan Fox, Senior Planner Bettie Correa, Senior Personnel Analyst Approximately 15 in the audience PROCLAMATIONS BASE CLOSURE TASK FORCE Mayor Pro Tem Thomas read and presented proclamations to the Base Closure Task Force recognizing their service on the committee. Members included Lou Bone, Guido Borges, Paul Brady, Colonel Thomas Caughlan, Rex Combs, Todd Ferguson, Peter Hersh, Angie Kardashian, Marjorie Kasalek, Casper Kasparian, Rob Richardson, Colonel E. J. Ritchie, Mike Ruane, Thomas Saltarelli, William Stracker, Jeffery Thomas, Barbara Warso, Kathy Weil, and Tracy Worley. Mayor Pro Tem Thomas stated that the. Task Force had worked tirelessly on this project; commended staff for their contribution to the Task Force; remarked on the cooperation between the parties involved in the base closure; and noted the community support of the process. CITY COUNCIL MINUTES Page 2, 1-20-97 Councilmember Saltarelli stated that he had been the chairperson for the Task Force for several years; noted the positive solutions reached by the Task Force with input from the public and staff; commented on the military base closure expertise of Christine Shingleton, Assistant .City Manager; remarked on the past cooperation of the Marine Corps and the certainty of continued cooperation between the military, staff, consultants, and area cities; and thanked the Task Force for their dedication to this project. Councilmember Doyle also thanked the Task Force for their work; complimented Christine Shingleton on her base closure eXpertise and stated the City was fortunate to have her as an employee; and commended staff and Council for their commitment to this issue. PUBLIC INPUT -None PUBLIC HEARINa (ITEM 1) CODE AMENDMENT 96-004, COMPREHENSIVE REVISIONS TO THE CITY'S SUBDIVISION CODE (ORDINANCE NO. 1177) Mayor Pro Tem Thomas opened the Public Hearing at 7:15 p.m. There were no speakers on the subject and the Public Hearing was closed. Mayor Pro Tem Thomas requested this item be continued due to Mayor Worley's and Councilmember Potts' absence. It was moved'by Doyle, seconded by Saltarelli, to.continue this item. Motion carried 3-0, Worley, Potts absent. CONSENT C;%F.RNDAR (ITEMS 2 THROUGH 9) Items No. 7 and 8 were removed from the Consent Calendar by Councilmember Saltarelli. It was moved by Doyle, seconded by Saltarelli, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 3-0, Worley, Potts absent. APPROVAL OF MINUTES - JANUARY 6, 1997 REGULAR MEETING Recommendation: Approve the City Council Minutes of January 6, 1997. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,325,345.58 and ratify Payroll in the amount of $675,930.56. · · RESOLUTION NO. 97-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE PROPOSED DECISION OF THE ADMINISTRATIVE LAW JUDGE IN THE ADMINISTRATIVE APPEAL OF RUSSELL WHITEHEAD AS ITS FINAL DECISION TO DENY MR. WHITEHEAD'S APPLICATION FOR DISABILITY RETIREMENT BENEFITS Recommendation: Adopt Resolution No. 97-5 as recommended by the City Attorney. This Resolution is a final decision by the City Council on Mr. Whitehead's application for disability retirement. CITY COUNCIL MINUTES Page 3, 1-20-97 This Resolution adopts the proposed decision of the administrative law judge to deny Mr. Whitehead's application for disability retirement benefits. This decision was rendered after an evidentiary appeal hearing. DENIAL OF CLAIM NO. 96-48; CLAIMANT, FARRAH J. MORGAN Recommendation: Deny subject claim and direct the City Clerk to send notice thereof to the claimant and claimant's attorney as recommended by the City Attorney. DENIAL OF CLAIM NO. 96-46; CLAIMANTt NANCY FREY Recommendation: Deny subject claim and direct the City Clerk to send notice thereof to the claimant and claimant's attorney as recommended by the City Attorney. · CONTRACT RENEWAL FOR ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM Recommendation: Approve an amendment to the contract for Annual Concrete Pavement Repairs Program with Ail American Asphalt'as recommended by the Public Works Department/Field Services Division. The contract amendment would extend the agreement from January 21, 1997 to June 30, 1997, would grant the contractor a 2.6% adjustment for consumer price index as allowed in the contract extension, and add an additional work item for the grinding and cold planing of asphalt. The total contract would be a not to exceed amount of $219,301.50. CONSENT' CALENDAR ITEM NO. 7 - AWARD OF BID FOR'CONSTRUCTION OF FRONTIER PARK RESTROOM REHABILiTATiON (PROJECT NO. 200030) Councilmember Saltarelli questioned whether it was appropriate to deny the contract to the low bidder due to information omitted from their bid package. LOis Jeffrey responded that the bid was considered non-responsive and the appropriate action was to disqualify the bid. Council/staff discussion followed regarding the disqualified bid was substantially lower than other submitted bids; rejecting all bids and reopening the bid process; the engineer's estimate; and concern that the disqualified bid had been underbid. It was moved by Saltarelli, seconded by Doyle, to award a contract for the construction of the Frontier Park Restroom Rehabilitation, Project No. 200030, to Irvine Engineering Corporation of Irvine in the amount of $137,500.00, subject to approval of contract requirements by the City Attorney and execution by the City Manager, and.appropriate $70,000 from the Park Development Fund to cover additional work necessary to service the growing summer lunch program and correct the American with Disabilities Act deficiencies at. the site. Motion carried 3-0, Worley, Potts absent. CONSENT CALENDAR ITEM NO. 8 - PLANNING COMMISSION ACTION AGENDA - JANUARY 13, 1997 Councilmember Saltarelli stated he wished to appeal Item No. 3, CITY COUNCIL MINUTES Page 4, 1-20-97 Conditional Use Permit 96-033/Amendment to Conditional Use Permit 69-300, for further discussion. It was moved by Saltarelli, seconded by Doyle, to appeal Planning Commission Item No. 3, Conditional Use Permit 96-033/Amendment to Conditional Use Permit 69-300. Motion carried 3-Q, Worley, Potts absent. Council concurre~ to approve the remainder of the January 13, 1997, Planning commission Action Agenda. REGULAR BUSINESS (ITEMS 10 THROUGH 12) 10. PUBLIC EMPLOYEES" RETIREMENT SYSTEM CONTRACT ~MENDMENT, 1959 SURVIVOR BENEFITS It was moved by Doyle, seconded by Saltarelli to adopt the following Resolution No. 97-2 to amend the PERS contract to add the Level Three 1959 Survivor Benefits option, for all miscellaneous employees as previously approved by the City Council on January 31, 1995, in the Memorandum of Understanding with the Tustin Municipal Employees Association: RESOLUTION NO. 97-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TUSTIN Motion carried 3-0, Worley, Potts absent. It was moved by Thomas, seconded by Doyle, that Ordinance No. 1176 have first reading by title only. Motion carried 3-0, Worley, Potts absent. Following first reading by title only of Ordinance No. 1176 by the City Clerk, it was moved by Doyle, seconded by Saltarelli, that the following Ordinance No. 1176 be introduced: ORDIN]~NCE NO. 1176 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY . OF TUSTIN, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 11. Motion carried 3-0, Worley, Potts absent. PROPOSED ORDINANCE TO CONFIRM THE VOTERS' WISHES TO LIMIT CITY COUNCIL TERMS OF OFFICE TO TWO (2) FULL CONSECUTIVE TERMS Mayor Pro Tem Thomas announced this item would be continued due to Mayor Worley's and Councilmember Ports' absence. It was moved b Do le seconded~Saltarell_ i, to continue this item to the February 3, 1997 Council meeting. Motion carried 3-Q, Worley, Potts absent. CITY COUNCIL MINUTES Page 5, 1-20-97 12. TUSTIN BOYS AND GIRLS CLUB Mayor Pro Tem Thomas announced this item would be continued due to Mayor Worley's and Councilmember Potts' absence. It was moved by Doyle, seconded by Saltarelli, to continue this item to the February 3, 1997 Council meeting. Motion carried 3-0, Worley, Potts absent. PUBLIC INPUT - None OTHER BusINESs/COMMITTEE REPORTS GANG SUPPRESSION UNIT Councilmember Doyle commended the Police Suppression Detail for continued success. Department Gang HAPPY NEW YEAR Councilmember Doyle wished everyone a healthy and prosperous new year. STATE APPOINTMENT - GEORGE JEFFRIES Mayor Pro Tem Thomas announced that City Treasurer George Jeffries had been appointed Legislative Chair by the California Municipal Treasurers' Association and would serve as liaison .between the Treasurers' Association, League of Cities, and the State Legislature. CITY COUNCIL INVOCATIONS Mayor Pro Tem Thomas stated that Police Department Chaplains were being utilized to provide invocations at City Council meetings. 1998 CITY ELECTION Mayor Pro Tem Thomas requested agendizing setting the City's 1998 election date. MAYOR'S BREAKFAST Mayor Pro Tem Thomas reported that Assemblymember Brewer had requested Tustin host a Mayors' Breakfast and he requested staff cgntact her office to make the arrangements. BUS SHELTERS Mayor Pro Tem Thomas requested a status report regarding advertising bus shelters. , Tim Serlet, City Engineer, responded that eleven bus shelters had been completed, with the exception of electricity, and additional locations were currently in the plan check process. CITY COUNCIL MINUTES Page 6, 1-20-97 Council/staff discussion followed ~regarding the number of bus shelters in the city and their projected completion dates. CLOSED SESSION Mayor Pro Tem Thomas announced that the City council would convene in closed session~to confer with the City Attorney regarding: (1) Initiation of litigation pursuant to Government Code Section 54956.9(c) (one potential case); (2) Claim of the Estate of .Terry McGlynn (Claim No. 96- 47); the claim may be revieWed in the City Clerk's office; and (3) To confer with Nick Nichols, the City's labor negotiator. The employee organizations involved in potential negotiations are Tustin Municipal Employees'Association and Tustin Police officers Association/Management Unit. Unrepresented employees are management and confidential units. ADJOURNMENT Mayor Pro Tem Thomas adjourned the meeting at 7:29 p.m. The City cOuncil scheduled a joint meeting with the Audit Committee on Monday, February 3, 1997, at 5:30 p.m. in the Community Center; and the next regular meeting of the City Council was scheduled for Monday, February 3, 1997, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. FOLLOWING CLOSED SESSION It was moved and seconded to deny the claim of the Estate of Terry McGlynn. Motion carried 3-0, Worley,. Potts absent. TRACY WILLS WORLEY, MAYOR PAMELA STOKER, CITY CLERK