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Home My WebLink AboutCC MINUTES 2004 02 02 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA FEBRUARY 2, 2004 CLOSED SESSION CALL TO ORDER - 5:30 p.m. ROLL CALL Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Doug Davert and Tracy Worley Hagen Councilmember 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 Parcell-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 - Councilmember 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 Tem 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 Councilmember 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 Councilor 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. 4Q64) 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 Attomey'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. I 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 CEQA 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 Councilmember 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 Councilmember 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's VLF loss will be $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 I . 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 Councilmember 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. 1'~ \~ TONY KAIJIÌASHIMA, Mayor City Council Meeting Minutes February 2,2004 Page 8 of 8