HomeMy WebLinkAbout02 MINUTES 02-17-04
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
Agenda Item 2
Reviewed: J£!L
City Manager
Finance Director N/A
FEBRUARY 2, 2004
CLOSED SESSION
CALL TO ORDER - 5:30 p.m.
ROLL CALL
Present:
Mayor Tony Kawashima, Mayor Pro Tem Lou Bone,
Council members Doug Davert and Tracy Worley Hagen
Council member Jeffery M. Thomas
Chief Deputy City Clerk Maria Huizar
William A. Huston, City Manager and Lois Jeffrey, City Attorney
Absent:
City Clerk:
Others Present:
CLOSED SESSION ITEMS
A.
CONFERENCE WITH LEGAL COUNSEL - LABOR NEGOTIATIONS pursuant
to Government Code Section 54957.6.
Negotiator:
Regarding:
William A. Huston, City Manager
Unrepresented Executive Management and
Management Employees
B.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8
Property:
Property is Reuse Plan Disposal Parcel 12;
portion of Parcel I-D-4, Tustin Legacy
Vestar Development II, LLC
Assistant City Manager and Special Counsel
Gilchrist & Rutter
Price and Terms of Payment
Party with whom negotiating:
Negotiator:
Terms under negotiations:
PUBLIC MEETING
CALL TO ORDER - 7:00 p.m.
PLEDGE OF ALLEGIANCE - Council member Thomas
City Council Meeting
Minutes
February 2, 2004
Page 1 of 8
INVOCATION - Mayor Pro Tem Bone
ROLL CALL
Present:
Mayor Tony Kawashima, Mayor Pro Tam Lou Bone,
Councilmembers Tracy Worley Hagen, Doug Davert, and Jeffery M.
Thomas
None
Pamela Stoker
William A. Huston, City Manager; Lois Jeffrey, City Attorney; and
George Jeffries, City Treasurer
Absent:
City Clerk:
Others Present:
CLOSED SESSION REPORT - None
PROCLAMATIONS - None
PRESENTATIONS - James Armendaris representing Orange County Human Relations
Commission/Council highlighted year's achievements and presented the City Council with
a Certificate of Appreciation for support in the past year
FIRST PUBLIC INPUT- John Heisler, Division Manager of Water and Sewer of ARB, Inc.
presented proposal to lease a vacant lot near 55 freeway and Edinger Road. Council
referred Mr. Heisler to Public Works Department.
CONSENT CALENDAR
It was moved by Council member Davert, seconded by Councilmember Hagen, to approve
Consent Calendar items 1 through 10 as recommended by staff. Motion carried 5-0.
1.
APPROVAL OF MINUTES - JANUARY 20,2004 REGULAR MEETING
.
Motion: Approve the City Council Minutes of January 20, 2004.
2.
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amount of $3,264,732.32 and $1,094,320.04
and ratify Payroll in the amount of $719,514.69.
3.
PLANNING COMMISSION ACTION AGENDA - JANUARY 26, 2004
All actions of the Planning Commission become final unless appealed by the City
Council or member of the public.
City Council Meeting
Minutes
February 2, 2004
Page 2 of 8
4.
5.
6.
Motion: Ratify the Planning Commission Action Agenda of January 26, 2004.
RESOLUTION RELATING TO SALARY AND BENEFITS OF CONFIDENTIAL
UNREPRESENTED EMPLOYEES
Motion: Adopt resolution.
RESOLUTION NO. 04-20 - A resolution of the City Council of the City of
Tustin, California relating to compensation and benefits for confidential
unrepresented employees, and superseding Resolution 02-19
TUSTIN POLICE OFFICERS ASSOCIATION - MANAGEMENT UNIT
MEMORANDUM OF UNDERSTANDING
Motion:
5.a. Adopt resolution; and
RESOLUTION NO 04-18 - A resolution of the City Council of the City of
Tustin, California, amending the classification and compensation plan for
the City of Tustin and approving the Memorandum of Understanding
between the City of Tustin and the Tustin Police Officers Association,
Management Unit, concerning wages, salaries, fringe benefits and
conditions of employment
5.b. Approving a Memorandum of Understanding for the Tustin Police Officers
Association - Management Unit encompassing the time period of
February 2,2004 through December 31,2004.
ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE MAIN STREET
REHABILITATION BETWEEN STONEGLASS AND SR-55 FREEWAY (CIP
NO. 7163), BRYAN AVENUE REHABILITATION BETWEEN RED HILL
AVENUE AND BROWNING AVENUE (CIP NO. 7164), BRYAN AVENUE
REHABILITATION BETWEEN 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 1-5 TO IRVINE BOULEVARD (CIP NO. 7174)
Motion:
6.a.
Adopt resolution;
RESOLUTION NO. 04-17 - 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 Main Street
Rehabilitation between Stoneglass and SR-55 Freeway (CIP No. 7163),
City Council Meeting
Minutes
February 2, 2004
Page 3 of 8
Bryan Avenue Rehabilitation between Red Hill Avenue and Browning
Avenue (CIP No. 7164), Bryan Avenue Rehabilitation between 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 1-5 to Irvine Boulevard (CIP No.
7174)
6.b.
Authorizing the recordation of the Notice of Completion, and
6.c.
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;
2. Release the Faithful Performance Bond not sooner than one year after
the date of recordation of the Notice of Completion; and
3. 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 $231,928.30 to All American
Asphalt. The total final construction contract cost for the project is
$2,319,283.00.
7.
APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS - NEWPORT AVENUE AT EL CAMINO REAL
TRAFFIC SIGNAL MODIFICATION / UPGRADE (CIP NO. 4064)
Motion:
7.a.
Adopt resolution; and
RESOLUTION NO. 04-12 - A resolution of the City Council of the City of
Tustin, California approving plans and specifications for the Newport
Avenue at EI Camino Real traffic signal modification/upgrade (CIP No.
4064), and authorizing advertisement for bids
Authorize and direct the City Clerk to advertise for bids.
7.b.
8.
CONSIDERATION OF CLAIM OF ILZE LEMUS, CLAIM NO. 03-42
Motion: After investigation and review by City Attorney's office and the City's
Claims Administrator, it is recommended that the City Council deny the claim and
direct the City Clerk to send notice thereof to the claimant and the claimant's
attorney.
City Council Meeting
Minutes
February 2, 2004
Page 4 of 8
9.
CONSIDERATION OF CLAIM OF KATHRYN HUG, CLAIM NO. 04-01
Motion: After investigation and review by City Attorney's office and the City's
Claims Administrator, it is recommended that the City Council deny the claim and
direct the City Clerk to send notice thereof to the claimant and the claimant's
attorney.
10.
LICENSING AUTHORIZATION: TUSTIN LEGACY
Motion:
10.a. Adopt resolution; and
RESOLUTION NO. 04-21 - A resolution of the City Council of the City of
Tustin, California, finding that pursuant to Public Resources Code Section
2116 and Section 15168(c) of State CEOA guidelines the Project is within
the scope of the final joint program MCAS Environmental Impact
Statement/Environmental Impact Report (MCAS Tustin FEIS/EIR) and no
new environmental document is required, applicable mitigation measures
have been incorporated into the project or will be conditions of approval on
any specific entitlement applications
10.b. Subject to non-substantial modifications as may be determined necessary
by the City Attorney or City Manager prior to execution, approve and
authorize the City Manager or Assistant City Manager to execute license for
authorized Interim Uses on portions of the former MCAS Tustin in
ownership or Lease from the Navy and to carry out all action necessary to
implement licenses including but not limited to execution of all related
documents and to carry out all actions necessary to implement any granted
licenses.
BUSINESS CALENDAR
(Agenda Items 11 through 13)
11.
TUSTIN HIGH SCHOOL "EVERY FIFTEEN MINUTES" PROGRAM
Tustin High School is seeking a $2,500 contribution to cover the cost of
implementing the "Every Fifteen Minutes" program on March 25 and 26, 2004.
Mark Bergquist, Every Fifteen Minutes Chair, addressed the Council and
requested financial assistance from City to be able to offer this program to Tustin
High School students.
It was moved by Council member Thomas, seconded by Councilmember Hagen,
to donate $1,000. Motion carried 4-1, Mayor Pro Tem Bone opposed.
City Council Meeting
Minutes
February 2, 2004
Page 5 of 8
12.
ORDINANCE AMENDING THE TUSTIN CITY CODE PERTAINING TO THE
PARKS AND RECREATION COMMISSION
The proposed Ordinance would match the size of the Parks and Recreation
Commission to other City Commissions and Committees, including the City
Council, at the end of the expiration terms in March of 2004. While it would limit
the number of positions available for appointment in March, no person currently
serving on the Commission would have their term shortened.
Recommendation by the City Attorney to introduce and have first reading by title
only of the following Ordinance:
ORDINANCE NO. 1283 - An ordinance of the City Council of the City of
Tustin, California, amending sections of the Tustin City Code pertaining
to the Parks and Recreation Commission
It was moved by Council member Thomas, seconded by Councilmember Davert to
introduce Ordinance No. 1283 and directed staff to begin recruitment process for
upcoming appointments on the Parks and Recreation and Planning Commissions.
Motion carried 5-0.
13.
IMPACTS OF STATE BUDGET
City Manager Huston highlighted State Budget's impact on City, as follow:
. Since 1992-93 State has diverted local government revenue in the form of
ERAF-Local government property tax used to meet State's Proposition 98
school funding obligations
. Since 1992-93 City has lost $13 million in property tax revenue to ERAF
. Two-Thirds of City funds are earmarked
Fiscal Year 2003-04
. State mandates three months of Vehicle License
withheld from local government
. Diverted funds used to balance State budget
. City'sVLFlosswillbe$1,130,000
. City's ERAF loss is $1,500,000
. Redevelopment Agency's ERAF loss is $332,000
Fee (VLF) revenue be
Fiscal Year 2004-05
. Governor's proposed budget includes full VLF payment to local government
. If Legislature does not "backfill" VLF, City could lose $2,500,000 in VLF
. Backfill is difference between current VLF rates and rates before Governor
reduced rates in November 2003
. Governor's proposed budget shifts more local government property tax to
ERAF
. Proposed shift would increase ERAF contribution by 25% which equates to
10% of General Fund property tax revenue ($600,000)
City Council Meeting
Minutes
February 2, 2004
Page 6 of 8
. Proposed shift would also take $600,000 in Redevelopment Agency funds
. Proposition 57-If enacted next month will authorize $15 billion in deficit
reduction bonds
. Bonds would be secured by annually diverting 1/4Ø of local government sales
tax revenue. For the City this equates to 25% of sales tax revenue
($4,250,000)
. State would hold local government "harmless" by giving back to local
government an equal amount of property tax revenue from ERAF
. Proposition 42-Governor's proposed budget diverts funds for traffic
congestion relief to State General Fund. City will lose $200,000
. State Transportation Plan-City will lose $300,000 allocated for Red Hill
Avenue grade separation project
. BIA Ballot Proposal-BIA might qualify for November 2004 ballot a measure
that eliminates VLF payments to local government in exchange for property tax
(ERAF)
Recommendations
. Identify options for maintaining a balanced FY 2003-04 General Fund budget
. Identify measures to be taken in the event further revenue diversions occur in
FY 2004-05
Motion: That the City Council direct staff to:
13.a. Through the mid-year budget review (scheduled for the City Council
February 17, 2004 meeting) identify options for offsetting the loss of City
income in fiscal year 2003-2004 due to State imposed diversion of revenue;
and
13.b. Prepare a report which identifies for the City Council's review, a list of
measures that can be taken in the event further State imposed diversions
of City income occur in fiscal year 2004-2005.
SECOND PUBLIC INPUT - Yolanda Cannon requested Council's assistance in alleviating
blight in her neighborhood. She indicated that some homes have laid concrete on their
front yards to allow for more parking spaces. Council directed Ms. Cannon to work with
Community Development in identifying properties.
OTHER BUSINESS / COMMITTEE REPORTS
Councilmember Thomas:
. Spoke about his recent diagnosis with prostate cancer; urged men to get tested early
and become educated about cancer; and
. Thanked everyone for their support the last couple of months.
Councilmember Davert:
. Welcomed Councilmember Thomas back.
City Council Meeting
Minutes
February 2, 2004
Page 7 of 8
Council member Hagen:
. Welcomed Councilmember Thomas back; and
. Congratulated DeShaun Foster for an impressive touchdown and making Tustin
residents proud.
Mayor Pro Tem Bone:
. Commented that it was good to see Councilmember Thomas feeling better;
. Reported that during a recent trip to Washington D.C. he read in USA Today about
Tustin schools using drug sniffing dogs this Fall;
. Mentioned that he had participated in the Irvine Valley College Outstanding Invention
as a judge, for the 4th year;
. Noted that he was elected as Chair of Orange County Council of Governments for
2004, succeeded in soliciting Federal funds in excess of $30 million for transportation
and urban run-off; and
. Regarding Santa Ana River Flood Protection Agency, was reassured that funds for
construction of Prado Dam would still be forthcoming.
Mayor Kawashima:
. Welcomed Councilmember Thomas back to Council;
. Requested Councilmember Thomas be spokesperson for the City on cancer
awareness; and
. Encouraged everyone to volunteer and get involved in the community; there would be
openings for new commissioners in March.
ADJOURNMENT - 7:59 p.m. - The next regular meeting of the City Council is scheduled
for Tuesday, February 17, 2004, at 7:00 p.m. in the Council Chamber at 300 Centennial
Way, Tustin.
TONY KAWASHIMA,
Mayor
PAMELA STOKER,
City Clerk
City Council Meeting
Minutes
February 2, 2004
Page 8 of 8