HomeMy WebLinkAbout01 MINUTES 04-07-035:31 p.m.
Council Present:
Council Absent:
City Clerk:
Others Present:
None
Announced
7:02 p.m.
Given
Given
Council Present:
Council Absent:
City Clerk:
Others Present:
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
MARCH 17, 2003
NO. 1
04-07-03
CLOSED SESSION - 5:30 P.M.
CALL TO ORDER
ROLL CALL
Mayor Tracy Wills Worley, Mayor Pro Tem Tony Kawashima
(arrived at 5:34 p.m.), Councilmembers Lou Bone and Doug Davert
Jeffery M. Thomas
Pamela Stoker
William A. Huston, City Manager; Lois Jeffrey, City Attorney; and
0 in the audience.
PUBLIC INPUT
CLOSED SESSION - Mayor Pro Tem Worley announced the
City Council would convene in closed session to confer with the
City Attorney regarding the Initiation of Litigation pursuant to
Government Code Section 54956.9(c), one (1) case.
REGULAR MEETING- 7:00 P.M.
CALL TO ORDER
INVOCATION - Councilmember Bone
PLEDGE OF ALLEGIANCE - Mayor Pro Tem Kawashima
ROLL CALL
Mayor Tracy Wills Worley, Mayor Pro Tem Tony Kawashima,
Councilmembers Lou Bone, Doug Davert
Jeffery M. Thomas
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 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 Services Manager; Khanh
Minutes - City Council March 17, 2003 - Page 1
None
Presented
Presented
Joseph Pak
SBC
1442 Edinger Avenue
Tustin, CA
Approved
Nguyen, Building Official; Jim Draughon, Redevelopment
Program Manager; Dana Ogdon, Redevelopment Program
Manager; Minoo Ashabi, Associate Planner; and approximately
50 in the audience.
CLOSED SESSION REPORT
PROCLAMATIONS - Planning Commission - Steve Kozak,
Parks & Recreation Commission - Hank Nunez, Audit Committee
- Donnie Smith
Mark Denny, Andrew Hamilton and John Garner were unable to
attend.
PRESENTATIONS - Pamela Lynch, Miss Tustin Scholarship
Pageant Winner, Nicole Danielle Johnson and Analucia
Lopezevoredo were introduced.
Employee Showcase: Dana Ogdon
FIRST PUBLIC INPUT
Director of External Affairs for SBC; announced he was the new
representative for Tustin.
PUBLIC HEARING (ITEMS 1 THROUGH 2 )
1. FEDERAL DISPOSAL SERVICE
PERFORMANCE REVIEW
CONTRACT
Mayor Worley opened the public hearing at 7:42 p.m. The
following members of the audience spoke in support of
Federal Disposal Service's Contract Performance Review:
Verlyn Jensen, Federal Disposal
Steve SoRelle, Integrated Waste Management Board
There were no other speakers on the subject and the public
hearing was closed at 7:49 p.m.
It was moved by Davert, seconded by Kawashima, to find
that Federal Disposal Service is meeting their contractual
obligations under the "Franchise Agreement between the
City of Tustin and Shubin Services, Inc., dba Federal
Disposal Service for Integrated Waste Management
Services" and is providing the required services with
adequate quality, effectiveness, and economy.
Motion carried 4-0, Thomas absent.
Minutes - City Council March 17, 2003 - Page 2
Adopted Resolution Nos.
03-42 and 03-43
1
VESTING TENTATIVE TRACT MAP 16474
Mayor Worley opened the public hearing at 7:57 p.m. The
following member of the audience spoke in favor of Vesting
Tentative Tract Map 16474:
Mitchell Bradford, WL Homes, LLC.
It was moved by Davert, seconded by Kawashima, to adopt
the following Resolution No. 03-42, finding that Vesting
Tentative Tract Map 16474 is within the scope of the
adopted Final EIS/EIR for the MCAS Tustin Specific Plan:
RESOLUTION NO. 03-42- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING FINDING THAT THE MCAS PROGRAM
ENVIRONMENTAL IMPACT STATEMENT/
ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN
PROGRAM EIS/EIR) IS ADEQUATE TO SERVE AS THE
PROJECT EIS/EIR FOR VESTING TENTATIVE TRACT
MAP 16474 AND APPLICABLE MITIGATION MEASURES
HAVE BEEN INCORPORATED AS REQUIRED BY THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
And to adopt Resolution No. 03-43, approving Vesting
Tentative Tract Map 16474:
RESOLUTION NO. 03-43- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING VESTING TENTATIVE TRACT MAP 16474,
TO SUBDIVIDE 31.64 ACRES FOR THE PURPOSE OF
DEVELOPING 376 RESIDENTIAL UNITS WITHIN
PLANNING AREA 20 OF THE MCAS-TUSTIN SPECIFIC
PLAN.
Motion carried 4-0, Thomas absent.
CONSENT CALENDAR (ITEMS 3 THROUGH 14 )
It was moved by Davert, seconded by Bone, to approve the
Consent Calendar as recommended by staff. Motion carried 4-0,
Thomas absent.
Approved
,
APPROVAL OF MINUTES - MARCH 3, 2003 REGULAR
MEETING
Recommendation: Approve the City Council Minutes of
March 3, 2003.
Approved
4. APPROVAL OF DEMANDS AND RATIFICATION OF
PAYROLL
Recommendation: Approve Demands in the amount of
Minutes - City Council March 17, 2003 - Page 3
Ratified
Approved
Adopted Resolution No.
03-39
Adopted Resolution No.
03-41
.
.
.
$3,479,297.46 and ratify Payroll in the amount of
$442,404.76.
PLANNING COMMISSION ACTION AGENDA- MARCH
10, 2003
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 March 10, 2003.
SURPLUS EQUIPMENT SALES REPORT
Recommendation: Receive and file the report.
ACCEPTANCE OF PUBLIC IMPROVEMENT AND
AUTHORIZATION TO FILE THE NOTICE OF
COMPLETION FOR THE OLD TOWN STREETSCAPE
AND PEDESTRIAN ENHANCEMENT PROJECT (ClP NO.
7172)
Recommendation: Adopt Resolution No. 03-39, accepting
the Old Town Streetscape and Pedestrian Enhancement
Project (ClP No. 7172), 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, it is
further recommended that thirty-five (35) days after the date
of recordation of the Notice of Completion, the City Council
authorize payment of the final 10% retention in the amount
of $175,332.33 to Ecology Construction, Inc. This amount,
together with previous contract payments and change order
amounts of $1,577,991.00 represents 100% of the final
contract cost.
RESOLUTION NO. 03-39 - 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 OLD TOWN STREETSCAPE
AND PEDESTRIAN ENHANCEMENT PROJECT (CIP NO.
7172).
8. APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE
MAIN STREET REHABILITATION BETVVEEN
STONEGLASS AND THE SR-55 FREEWAY (CIP NO.
Minutes - City Council March 17, 2003 - Page 4
Adopted Resolution No.
03-40
,
7163), BRYAN AVENUE REHABILITATION BETWEEN
RED HILL AVENUE AND BROWNING AVENUE (CIP NO.
7164), BRYAN AVENUE REHABILITATION BETVVEEN
NEWPORT AVENUE AND RED HILL AVENUE (CIP NO.
7166), MAIN STREET REHABILITATION BETWEEN
NEWPORT AVENUE AND BRYAN AVENUE (CIP NO.
7167), AND JAMBOREE ROAD REHABILITATION FROM
I-5 TO IRVINE BOULEVARD (CIP NO. 7174)
Recommendation: Adopt Resolution No. 03-41, approving
the plans and specifications and authorizing and directing
the City Clerk to advertise for bids subject to State of
California, Department of Transportation (Caltrans) approval
of the following projects:
Main Street Rehabilitation between Stoneglass and the SR-
55 Freeway (CIP No. 7163)
Bryan Avenue Rehabilitation between Red Hill Ave. and
Browning Ave. (CIP No. 7164)
Bryan Avenue Rehabilitation between Newport Ave. and
Red Hill Ave. (CIP No. 7166)
Main Street Rehabilitation between Newport Ave. and Bryan
Ave. (CIP No. 7167)
Jamboree Road Rehabilitation from I-5 to Irvine Boulevard
(CIP No. 7174)
RESOLUTION NO. 03-41 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING PLANS AND SPECIFICATIONS FOR THE
MAIN STREET REHABILITATION BETVVEEN
STONEGLASS AND THE SR-55 FVVY (CIP NO. 7163),
BRYAN AVENUE REHABILITATION BETVVEEN RED HILL
AVENUE AND BROWNING AVENUE (CIP NO. 7164),
BRYAN AVENUE REHABILITATION BETWEEN
NEWPORT AVENUE AND BRYAN AVENUE (CIP NO
7166), MAIN STREET REHABILITATION BETWEEN
NEWPORT AVENUE AND BRYAN AVENUE (CIP NO.
7167), AND JAMBOREE ROAD REHABILITATION FROM
I-5 TO IRVINE BOULEVARD (CIP NO. 7174) AND
AUTHORIZING ADVERTISEMENT FOR BIDS.
ACCEPTANCE OF PUBLIC IMPROVEMENTS AND
AUTHORIZATION TO FILE A NOTICE OF COMPLETION
FOR THE INSTALLATION OF WICK IRRIGATION
SYSTEM ON JAMBOREE ROAD (CIP 1538)
Recommendation: Adopt Resolution No. 03-40 accepting
the installation of the Wick Irrigation System on Jamboree
Road (CIP No. 1538) and authorizing the recordation of the
Notice of Completion, and direct the City Clerk to:
,
Release the Labor and Materials Payment Bond not
sooner than thirty-five (35) days after the date of
recordation of the Notice of Completion; and
Minutes - City Council March 17, 2003 - Page 5
Adopted Resolution No.
03-38
Approved
10.
11.
,
Release the Faithful Performance Bond not sooner
than 1-year after the date of recordation of the Notice
of Completion, and
Assuming no claims or stop payment notices are filed, it is
further recommended that thirty-five (35) days after the date
of recordation of the Notice of Completion the City Council
authorize payment of the final 10% retention in the amount
of $2,365.00 to Lanco Landscape Management, Inc. This
amount together with the payment of $21,320 represents
100% of the final construction cost for the project.
RESOLUTION NO. 03-40 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF A NOTICE OF
COMPLETION FOR THE INSTALLATION OF WICK
IRRIGATION SYSTEM ON JAMBOREE ROAD (CIP NO.
1538).
CONTINUATION OF TEMPORARY BENEFITS AND
COMPENSATION DURING MILITARY LEAVE FOR CITY
EMPLOYEES CALLED TO ACTIVE DUTY WITH THE
ARMED FORCES
Recommendation: Adopt Resolution 03-38 continuing the
benefit of additional temporary partially paid military leave
of absence and continuation of benefits for eligible City
employees called to active duty in connection with the
nation's response to the terrorist attack on the United
States of America as previously authorized by Resolutions
Nos. 01-96 and 02-50.
RESOLUTION NO. 03-38 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
PROVIDING FOR CONTINUATION OF ADDITIONAL
TEMPORARY PARTIALLY PAID MILITARY LEAVE OF
ABSENCE AND CONTINUATION OF BENEFITS FOR
ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE DUTY
WITH THE ARMED FORCES
ADOPTION OF NEW AND REVISED CLASS
SPECIFICATIONS
Recommendation: Adopt new and/or revised class
specifications for the classifications of Lead Water
Maintenance Worker, Water Maintenance Worker I, Water
Maintenance Worker II, Water Equipment Operator,
Associate Engineer, Assistant Director of Finance and
Accounting Supervisor.
Minutes - City Council March 17, 2003 - Page 6
Adopted Resolution No.
03-44
Approved
Approved
Adopted Ordinance No.
1267
12. CODE ENFORCEMENT GRANT PROGRAM
Recommendation: Adopt Resolution No. 03-44, authorizing
the Community Development Director to submit to HCD an
application to participate in the Code Enforcement Grant
Program and designate the Community Development
Director or designee as the agent for the City to coordinate,
process, and execute all documents within the scope of the
grant program.
RESOLUTION NO. 03-44 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING THE SUBMITTAL OF THE CODE
ENFORCEMENT GRANT PROGRAM GRANT
APPLICATION, THE INCURRING OF AN OBLIGATION,
THE EXECUTION OF A GRANT AGREEMENT AND ANY
AMENDMENTS THERETO, AND ANY OTHER
DOCUMENTS NECESSARY TO SECURE A CODE
ENFORCEMENT GRANT FROM THE STATE OF
CALIFORNIA, DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT.
13.
CLAIM OF JORGE GARCIA; CLAIM NO. 03-01
Recommendation: Deny the claim and direct the City Clerk
to send notice thereof to the claimant and the claimant's
attomeys.
14.
CLAIM OF JAVIER ZAVALA; CLAIM NO. 03-02
Recommendation: Deny the claim and direct the City Clerk
to send notice thereof to the claimant and the claimant's
attorneys.
REGULAR BUSINESS ( ITEMS 15 THROUGH 17 )
15.
ORDINANCE NO. 1267 - AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETVVEEN THE CITY
COUNCIL OF THE CITY OF TUSTIN AND THE BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
It was moved by Davert, seconded by Kawashima, to have
second reading by title only and adoption of Ordinance No.
1267.
Motion carried 4-0, Thomas absent (roll call vote).
Pamela Stoker, City Clerk, read the following Ordinance No.
1267 by title only:
ORDINANCE NO. 1267 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
Minutes - City Council March 17, 2003 - Page 7
Introduced Ordinance No.
1269
Adopted Resolution No.
03-37 and Introduced
Ordinance No. 1268
16.
17.
AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF TUSTIN
AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM
ORDINANCE NO. 1269- AMENDING THE TUSTIN CITY
CODE TO CONFORM THE GIFT RESTRICTIONS TO
STATE LAW
It was moved by Davert, seconded
introduce and have first reading
introduction of Ordinance No. 1269.
by Kawashima, to
by title only and
Motion carried 4-0, Thomas absent.
Pamela Stoker, City Clerk, read the following Ordinance No.
1269 by title only:
ORDINANCE NO. 1269- AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING PART 3 OF ARTICLE 1, OF THE TUSTIN
CITY CODE.
RESOLUTION NO. 03-37 ADOPTING UNIFORM
CONSTRUCTION COST ACCOUNTING PROCEDURES
AND ORDINANCE NO. 1268 ADDING INFORMAL
BIDDING SECTIONS TO THE MUNICIPAL CODE
It was moved by Bone, seconded by Davert, to adopt the
following Resolution No. 03-37:
RESOLUTION NO. 03-37 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ELECTING TO BECOME SUBJECT TO THE STATE OF
CALIFORNIA'S UNIFORM PUBLIC CONSTRUCTION
COST ACCOUNTING PROCEDURES SET FORTH IN
THE UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNTING ACT (PUBLIC CONTRACT CODE
SECTION 22000, ET SEQ.)
And introduce and have first reading by title only of
Ordinance No. 1268, adding Part 4 to Chapter 6 of the
Tustin Municipal Code, authorizing informal bidding for
public projects and maintenance work of $100,000 or less.
Motion carried 4-0, Thomas absent.
Pamela Stoker, City Clerk, read the following Ordinance No.
1268 by title only:
Minutes - City Council March 17, 2003 - Page 8
ORDINANCE NO. 1268- AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADDING PART 4 TO CHAPTER 6 OF THE TUSTIN
MUNICIPAL CODE AUTHORIZING INFORMAL BIDDING
FOR PUBLIC PROJECTS AND MAINTENANCE WORK
OF $100,000.00 OR LESS.
None
SECOND PUBLIC INPUT
OTHER BUSINESS
ARBOR DAY
Councilmember Bone reported he attended the Arbor Day ceremony with Mayor Pro
Tem Kawashima; thanked staff, West Coast Arborist, the Rotary Club and Tustin Pride
for their involvement.
Mayor Pro Tem Kawashima commented on the Arbor Day ceremony; the City of Tustin
was a tree city, setting aside money to maintain over 17,000 trees; and the official tree of
Tustin is the red gum eucalyptus.
LITTLE LEAGUE
Mayor Pro Tem Kawashima commented on the Little League opening ceremony he
attended with Councilmembers Davert and Thomas at C.E. UTT Middle School.
MISS TUSTIN
Mayor Pro Tem Kawashima reported on judging the Miss Tustin Pageant.
SENIOR CENTER
Mayor Pro Tem Kawashima provided an update on the computer stations to be installed
at the Senior Center; thanked John Laing Homes for their contribution to the project.
PRINCIPAL FOR THE DAY
Mayor Pro Tem Kawashima announced his participation in "Principal for the Day" at
Pioneer Middle School.
CHAMBER OF COMMERCE
Mayor Worley discussed the Chamber of Commerce business survey results; the overall
response was positive; and there would be a joint City and Chamber of Commerce event
with businesses in the near future.
"EVERY 15 MINUTES"
Mayor Worley announced Foothill High School's "Every 15 Minutes" presentation to
students would be on March 26, 2003.
Minutes - City Council March 17, 2003 - Page 9
COMMITTEE REPORTS
WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO)
Councilmember Bone mentioned he attended a WACO meeting; Tustin continued to use
less water than last year; and Orange County temperature in January was 6° higher than
normal.
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG)
Councilmember Bone remarked on the SCAG meeting he attended; the board had
approved a new tunnel that would reach from Pasadena to Interstate 210.
ORANGE COUNTY SANITATION DISTRICT
Mayor Pro Tem Kawashima presented a report on the Orange County Sanitation District;
the major reason for clogged sewers was fats, oils and grease; and a prevention policy
would probably be enacted in the future.
TRANSPORTATION CORRIDOR AGENCY
Mayor Worley stated the Transportation Corridor Agency continued to study a merger
between the San Joaquin and Foothill Eastern agencies.
ORANGE COUNTY FIRE AUTHORITY
Mayor Wodey commented on an Orange County Fire Authority tour of HAZMAT; several
methods of diagnosing and combating an attack were discussed.
ADJOURNMENT - Mayor Worley adjoumed the meeting at 8:23 p.m. The next regular meeting of
the City Council was scheduled for Monday, April 7, 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 March 17, 2003 - Page 10