HomeMy WebLinkAboutCC MINUTES 2001 02 05 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
FEBRUARY 5, 2001
7:03 p.m.
Given
Given
Council Present:
Council Absent:
City Clerk:
Others Present:
Convened at 6:03 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE - Councilmember Doyle
INVOCATION - Councilmember Bone
ROLL CALL
Tracy Wills Wodey, Mayor; Jeffery Thomas, Mayor Pro Tem;
Councilmembers Lou Bone, Mike Doyle, and Tony Kawashima
None
Pamela Stoker
William A. Huston, City Manager; Christine Shingleton, Assistant
City Manager; Lois Jeffrey, City Attorney; Doug Holland, Assistant
City Attorney; George Jeffries, City Treasurer; Ronald A. Nault,
Finance Director; Steve Foster, Chief of Police; Elizabeth Binsack,
Director of Community Development; Adene Marks, Director of
Human Resources; Tim Serlet, Director of Public Works; Police
Captain Robert Schoenkopf; Police Captain Frank Semelsberger;
Karen Peterson, Senior Planner; Scott Reekstin, Senior Planner;
Joe Meyers, Senior Management Analyst; Doug Anderson, Senior
Project Manager; Chu Thai, Senior Management Analyst; Minoo
Asabi, Assistant Planner; Bevedey White, Chief Deputy City Clerk;
and approximately 300 in the audience.
CLOSED SESSION - At 6:03 p.m. Mayor Worley opened the
Public Input. There were no speakers in the audience and the
Public Input was closed.
Mayor Worley announced the City Council would convene in
closed session to confer with the City Attomey regarding (1)
pending litigation pursuant to Government Code Section
54956.9(a), Francisco Becerra Romero vs. City of Tustin, et. al
OCC01096, and (2) significant threat of litigation, pursuant to
Government Code Section 54956.9(b)(3)(C), claim of Elmar
William Munoz and claim of James Baca.
It was moved by Doyle, seconded by Bone, to add the following to
the Closed Session due to an immediate need to take action that
arose after the agenda was posted:
The City Council shall convene in closed session to confer
with the City Attorney regarding significant exposure to
litigation pursuant to Government Code Section
54956.9(b)(2)(D) (three (3) cases).
Motion carried 4-0, Thomas absent.
CLOSED SESSION STATEMENT
It was moved and seconded to deny the claim of Elmar William
Munoz. Motion carried 5-0.
It was moved and seconded to deny the claim of James Baca.
Motion carried 5-0.
PROCLAMATION - None
Minutes - City Council February 5, 2001 - Page
Various speakers
Phil Cox
Cox Market Plaza
Marilyn Jacobs
Tustin
Jennifer Parvin
Tustin
Modified Planning
Commission's approval
and directed staff to
provide a report on gate
policy at a future Council
meeting
PUBLIC INPUT
The following members of the audience spoke in opposition to the
MCAS Tustin Base Reuse Plan:
Randy Parraz, Santa Ana
Linda Sanchez-Valentine, Orange
Manuel Caldon
Chadie LaChance, United Food & Commercial Workers
Colette M. McLaughlin, Irvine
Art Montez, L.U.L.A.C.
Ruben Smith, General Counsel for SAUSD
Antonio Espinosa, Santa Aha
Carol Kikuta, Principal of John Adams Elementary
Michaela Favela, Santa Ana
Christine Anderson, Principal at Carl Harvey Elementary
Mayor Worley recessed the meeting at 7:15 p.m. and the meeting
was reconvened at 7:21 p.m.
Mayor Worley recessed the meeting at 7:21 p.m. and the meeting
was reconvened at 7:37 p.m.
Spoke on the beautiful appearance of the planters on El Camino
Real and Main and thanked staff for its help on the project; and
announced the opening of a new restaurant, El Camino Grill, in Old
Town.
Presented a petition on quieting train noise, requested City
assistance in finding a solution to the noise, and requested
agendizing the issue at the next Council meeting.
Spoke on overcrowded conditions at a Tustin Unified School
District school and in other districts statewide, and the
misplacement of responsibility for overcrowding on the Tustin City
Council.
PUBLIC HEARING (ITEM 1 )
APPEAL OF PLANNING COMMISSION APPROVAL OF
ADMINISTRATIVE ADJUSTMENT 00-001 AND DESIGN
REVIEW 00-024
Mayor Worley opened the Public Hearing at 8:20 p.m.
The following members of the audience spoke in support of
pedestrian access from Lot F:
Barbara Austin, 2366 Cranston Ln., Tustin
Alexandra McLaughlin, 11792 Borum Ave., Tustin
Richard Edgar, 1950 E. Santa Clara #1, Santa Ana
Lauren Austin, 2366 Cranston Ln., Tustin
Juliana McLaughlin, 11792 Borum Ave., Tustin
Doug Davert, 17492 Parker Dr., Tustin
Jamie Worley, 11852 Borum Ave., Tustin
Carole Gatti, 11802 Borum Ave., Tustin
Mark Gower, 11795 Borum Ave., Tustin
Clare Kogler, 11752 Beswick PI., Tustin
Lance Robinson, Santa Ana
Katie Gatti, 11802 Borum Ave., Tustin
Maralys Wills, Santa Ana
The following members of the audience spoke in opposition
to pedestrian access from Lot F:
Minutes- City Council February 5, 2001 - Page 2
Approved
Ratified
Approved
Approved
Approved
Pete Grande, 11775 Riehl Ave., Tustin
David L. Parker, 11556 Padias Ln., Tustin
Christy Madin, Tustin Ranch Estates
Unidentified Speaker, Tustin Ranch Estates
Wendy Grande, 11775 Riehl Ave., Tustin
John Kohn, Tustin Ranch Estates
Mayor Worley closed the Public Hearing and recessed the
meeting at 9:02 p.m.
Mayor Wodey reconvened the meeting at 9:10 p.m.
It was moved by Thomas, seconded by Doyle, to include
fencing and locked pedestrian gates across Lot F, and
directed staff to provide a report at a future Council meeting
regarding gate policy.
Elizabeth Binsack announced that staff would provide a
modified resolution at the next City Council meeting.
Motion carried 4-1, Wodey opposed.
600-20
CONSENT CALENDAR ( ITEMS 2 THROUGH 19 )
Items No. 13 and 16 were removed from the Consent Calendar by
Mayor Pro Tem Thomas and Councilmember Bone, respectively.
It was moved by Doyle, seconded by Bone, to approve the
remainder of the Consent Calendar as recommended by staff.
Motion carried 5-0.
APPROVAL OF MINUTES -JANUARY 16, 2001 SPECIAL
AND REGULAR MEETING
Recommendation: Approve the City Council Minutes of
January 16, 2001.
o
PLANNING COMMISSION ACTION AGENDA- JANUARY
22, 2001
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 January 22, 2001. 120-50
APPROVAL OF DEMANDS AND RATIFICATION OF
PAYROLL
Recommendation: Approve Demands in the amount of
$2,158,853.50 and ratify Payroll in the amount of
$658,280.58. 360-82
380-10
EXTENSION OF AMBULANCE SERVICE CONTRACT
Recommendation: Extend the contract ambulance service
contract for the City of Tustin (Ambulance Service Area 23),
with Doctor's Ambulance Service effective July 1, 2001, for
July 1, 2001, for a period of three (3) years, to expire June
30, 2004 as recommended by the Police Department.
400-10
LEASE AGREEMENT- REPLACEMENT OF
PHOTOCOPIER EQUIPMENT
Recommendation: Authorize the City Manager to execute a
60-month lease, maintenance and supply agreement with
Image IV Systems, Inc. for three digital photocopiers,
subject to approval by the City Attorney, as recommended
by the Office of the City Clerk.
400-10
Minutes- City Council February 5,200]. - Pa§e 3
Adopted Resolution
No. 01-07
Adopted Resolution
No. 01-12
Approved
Approved
Approved
Adopted Resolution
No. 01-04
Adopted Resolution
No. 01-10
o
10.
11.
12.
14.
RESOLUTION NO. 01-07 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE CITY'S CLASSIFICATION AND
COMPENSATION PLANS
Recommendation: Adopt Resolution No. 01-07 amending
the City's Classification and Compensation Plans as follows:
1) Adopt new classification specifications and corresponding
salary ranges for the positions titled Payroll Specialist,
Information Technology Specialist, Senior Information
Technology Specialist, and Administrative Services
Manager; 2) Increase the City's Classification Plan by one
position allocation; and 3) Increase the salaries for the part-
time un-represented classifications of Recreation Aide,
Recreation Leader, Recreation Program Assistant/Day
Camp Counselor, Sports Field Maintenance Aide and
Reception Clerk as recommended by the Director of Human
Resources. 510-25
RESOLUTION NO. 01-12- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING TIM D. SERLET, DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO ACT AS CITY OF TUSTIN'S
DESIGNATED REPRESENTATIVE AND TO SIGN AND
SUBMIT A LOAN APPLICATION FOR SAFE DRINKING
WATER STATE REVOLVING FUND FOR THE
PASADENA WELL PROJECT (ClP NO. 6130)
Recommendation: Adopt Resolution No. 01-12 designating
the Public Works Director/City Engineer, Tim D. Serlet, as
the City's designated representative for the loan application
and authorizing Mr. Serlet to submit the loan application for
the Pasadena Well Construction as recommended by the
Public Works Department/Water Services Division.
840-40
CLAIM OF MAP, ALEE J. HINES; CLAIM NO. 00-41
Recommendation: Reject the claim and direct the City Clerk
to send notice thereof to the claimant and the claimant's
attorneys as recommended by the City Attorney.
180-10
CLAIM OF NElL A. MARQUEZ; CLAIM NO. 00-40
Recommendation: Reject the claim and direct the City Clerk
to send notice thereof to the claimant and the claimant's
attomeys as recommended by the City Attorney.
180-10
CLAIM OF TRAVIS M. DULGERIAN; CLAIM NO. 00-39
Recommendation: Reject the claim and direct the City Clerk
to send notice thereof to the claimant and the claimant's
attorneys as recommended by the City Attorney.
180-10
RESOLUTION NO. 01-04 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING PLANS AND SPECIFICATIONS FOR
MAJOR BUILDING FACILITY PROJECT FY 2000-2001
(ClP NO. 1032)
Recommendation: Adopt Resolution No. 01-04 approving
the plans and specifications for the Major Building Facility
Project FY 2000-2001 (ClP No. 1032) and authorizing and
directing the City Clerk to advertise for bids as
recommended by the Public Works Department/Engineering
Division. 400-45
RESOLUTION NO. 01-10 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING PLANS AND SPECIFICATIONS FOR
TRAFFIC SIGNAL MODIFICATIONS AND
INTERCONNECT AT MCFADDEN AVENUE AND
Minutes- City Council February 5, 2001 - Page 4
Approved
Approved
Approved
Adopted Resolution No.
01-13
Adopted Resolution
No. 01-11
15.
17.
WILLIAMS STREET AND AT MCFADDEN AVENUE AND
RITCHEY STREET (CIP NO. 4057)
Recommendation: Adopt Resolution No. 01-10 approving
plans and specifications for traffic signal modifications and
interconnect at the intersections of McFadden Avenue and
Williams Street and at McFadden Avenue and Ritchey
Street, and authorizing the City Clerk to advertise for bids as
recommended by the Public Works Department/Engineering
Division. 400-45
PRINTING SERVICES AGREEMENT BETWEEN THE
CITY AND APEX PRINTING & BUSINESS SYSTEMS
Recommendation: Approving the Agreement for Services
between the City and Apex Printing & Business Systems as
recommended by the Parks and Recreation Services
Department.
400-10
AWARD OF CONTRACT FOR ANNUAL MAJOR
MAINTENANCE PROJECT, 2000/2001 FY (ClP NO. 7001)
Recommendation: 1) Declare the bid from Roy Allan Slurry
Seal, Santa Fe Springs, CA as non-responsive for failure to
provide the contractor's license required by the
specifications; and 2) Award the construction contract for the
Annual Major Maintenance Project, 2000/2001 FY (CIP No.
7001) to All American Asphalt, Corona, CA, the responsive
Iow bidder, in the amount of $588,588.58, and authorize the
Mayor and the City Clerk to execute the contract documents
on behalf of the City as recommended by the Public Works
Department/Engineering Division.
400-45
18.
AWARD OF CONTRACT FOR THE CONSTRUCTION OF
MAIN STREET WATER FACILITIES IMPROVEMENTS
(ClP NOS. 6103 AND 6108)
Recommendation: Award the construction contract for the
Main Street Water Facilities Improvements to SSC
Construction, Inc. of Corona, California in the amount of
$6,216,641.00 and authorize the Mayor and City Clerk to
execute the contract documents on behalf of the City as
recommended by the Public Works DepartmentNVater
Services Division. 400-45
19.
FURNITURE PURCHASE FOR THE WATER
DEPARTMENT RELOCATION
Recommendation: Adopt the following Resolution No. 01-
13 as recommended by the Public Works
Department/Engineering Department:
RESOLUTION NO. 01-13 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING THE DEPARTMENT OF GENERAL
SERVICES OF THE STATE OF CALIFORNIA TO
PURCHASE CERTAIN ITEMS
380-65
ITEMS REMOVED FROM CONSENT CALENDAR
13.
RESOLUTION NO. 01-11 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING PLANS AND SPECIFICATIONS FOR
TRAFFIC SIGNAL INSTALLATION AT PIONEER ROAD
AND PIONEER WAY (CIP NO. 4060)
Council/staff discussion followed regarding traffic congestion
and reckless driving at the intersection; and the traffic signal
was designed with safety features and would render the
intersection safer than it was at present.
Minutes- City Council February 5,200]. - Page 5
Adopted Resolution
No. 01-06
Given
Adopted Resolution No.
01-08
All new commissioners to
be selected 3/21; selection
method will remain the
same; resignation
requirement will remain
the same; and introduced
Ordinance amending
terms of Commissioners
16.
It was moved by Thomas, seconded by Bone, to adopt
Resolution No. 01-11 as recommended by the Public Works
Department/Engineering Division.
Motion carried 5-0.
400-45
ASSIGNMENT OFLEASEATTHETUSTIN FAMILY&
YOUTH CENTER
Council/staff discussion followed regarding the logistics of
the assignment and liability.
It was moved by Bone, seconded by Thomas, to adopt the
following Resolution No. 01-06:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING THE
ASSIGNMENT OF THE LEASE AGREEMENT AT THE
TUSTIN FAMILY & YOUTH CENTER.
Motion carried 5-0.
400-10
REGULAR BUSINESS (ITEMS 20 THROUGH 23 )
20.
21.
22.
NATURAL GAS PRICES
Judy Woolen, Public Affairs Director, Southern California
Gas Company, gave a presentation on the status of natural
gas prices. 820-20
EXTENSION OF THE JOHN WAYNE AIRPORT
SETTLEMENT AGREEMENT
It was moved by Thomas, seconded by Bone, to adopt the
following Resolution No. 01-08 supporting the City of
Newport Beach's efforts with the County of Orange to
extend the John Wayne Airport Settlement Agreement for a
period of twenty (20) years and to duly consider impacts of
the extension on communities within the John Wayne
Airport corridor; or, take other action as deemed
appropriate:
RESOLUTION NO. 01-08 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
EXPRESSING THE CITY'S CONCERNS REGARDING
AIRPLANE NOISE AT JOHN WAYNE AIRPORT AND
SUPPORTING THE EFFORTS OF THE ORANGE
COUNTY BOARD OF SUPERVISORS AND THE CITY OF
NEWPORT BEACH TO EVALUATE A POSSIBLE
EXTENSION OF THE CURRENT JOHN WAYNE AIRPORT
SETTLEMENT AGREEMENT
Motion carried 5-0.
690-10
ORDINANCE REGARDING THE TERMS AND
APPOINTMENT OF PLANNING COMMISSIONERS AND
PARKS AND RECREATION COMMISSIONERS
It was moved by Bone, seconded by Doyle, to allow
Councilmembers to appoint Commissioners.
Motion failed 3-2, Worley, Thomas, and Kawashima
opposed.
Minutes- City Council February 5, 2001 - Page 6
Approved staff
recommendation and
scheduled a goal setting
workshop on March 5,
2001 at 5:00 p.m.
23.
Commission selection process remain the same.
Motion carried 4-1, Bone opposed.
It was moved by Thomas, seconded by Kawashima, to have
first reading by title only and introduce an Ordinance to
include amending the terms of Commissioners to three
consecutive two-year terms, to be seated March 21, 2001,
with successive terms beginning on March 1st.
Lois Jeffery, City Attorney, read the following Ordinance by
title only:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN REGARDING THE TERMS AND
APPOINTMENT OF PLANNING COMMISSIONERS AND
PARKS AND RECREATION COMMISSIONERS
120-40
Motion carried 5-0. 120-50
2000-2001 MID-YEAR BUDGET REVIEW
It was moved by Doyle, seconded by Thomas, to approve
the following adjustments to the authorized fiscal year
2000-01 budget:
ac
Transfer of an additional $1.9 million from the projected
Unappropriated Reserves of the General Fund to the
Capital Improvement Fund to accumulate reserves for
the proposed Seven Year Capital Improvement
Program. Total transfer to the CIP Fund will be $3.1
million.
Transfer of an additional $800,000 from the projected
Unappropriated Fund Balance of the General Fund to
the Park Development Fund. Total transfer to the Park
Development Fund will be $1,548,000.
Transfer of $1,000,000 from the projected
unappropriated Fund Balance of the Water Fund to the
Water Capital Improvement Fund.
do
Designate an additional reserve of $200,000 from the
projected unappropriated reserves of the General Fund
as a reserve for electricity cost uncertainties.
Designate an additional reserve of $300,000 from the
projected unappropriated reserves of the Water Fund
as a reserve for electricity cost uncertainties.
Transfer of $400,000 from the projected unappropriated
reserves of the General Fund to the Liability Fund to
increase reserves for future claims.
Authorization of supplemental budget appropriations in
the amounts of $5,255,000 from the Water Capital
Improvement Fund, $50,000 from the General Fund,
$400,000 from the Water Fund, $10,000 from the
Worker's Compensation Fund and $49,000 from the
Liability Fund.
Motion carried 5-0.
330-50
PUBLIC INPUT
Minutes- City Council February 5, 2001 - Page 7
Doug Davert
Tustin
OTH
Stated he was appalled at comments made by speakers during
Public Input regarding MCAS Tustin Base Reuse Plan.
ER BUSINESS
UTILITIES
Councilmember Doyle requested an Attorney General representative be present at the
next Council meeting to address how light usage by citizens will be monitored; and
requested a representative from Southern California Edison address rates at an
upcoming Council meeting.
Councilmember Bone requested staff brief the public on lowering wattage of lighting
throughout the City. Staff responded on steps the City would/had implemented.
Mayor Pro Tem Thomas stated he was upset about the electricity surcharge and gas
shortage; and commented on the current drought.
MCAS TUSTIN BASE REUSE PLAN
Councilmember Doyle stated he was tired of Council and staff being accused of being
racist regarding the MCAS Tustin Base Reuse Plan issue.
Councilmember Kawashima spoke on a recent newspaper article depicting him as a
racist and said he took exception, considering his family history of camp internment
during the war.
Mayor Pro Tem Thomas commented on the racist issue regarding MCAS Tustin Base
Reuse Plan action; and encouraged citizens to write letters to the editor supporting the
base plan.
CITY OF TUSTIN
Councilmember Bone stated that a recent news article named Tustin one of the most
affordable places to live in Orange County.
STAFF SHOWCASE
Councilmember Bone requested a new program, Staff Showcase, be implemented to
honor one employee a month.
COMMENDATION - POLICE DEPARTMENT
Mayor Worley thanked the Police Department for their efforts during the Council meeting.
LEFT TURN ARROWS
Mayor Worley questioned if the left protected arrows removal program was continuing.
Tim Serlet, Public Works Director, replied that the program was continuing.
COMMITTEE REPORTS
SANITATION DISTRICT
Councilmember Kawashima spoke on ground water replenishment.
LIBRARY
Councilmember Kawashima requested information on library funding.
Christine
Shingleton responded that staff would present a report to Council at a future meeting.
TUSTIN PRIDE
Councilmember Bone reported on new Tustin Pride officers and the success of the
Christmas tree recycling program.
Minutes- City Council February 5, 2001 - Page 8
::_¥--?
ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG)
Councilmember Bone reported Orange County's transportation funds were projected
to be at a $40 million shortage by 2025.
SANTA ANA RIVER FLOOD CONTROL
Councilmember Bone stated the City of Tustin had been removed from the 100-year
flood plan; Prado Dam was to be raised 28.4'; acquisition of 1600 acres to increase
reservoir capacity would be complete by 2004; and total costs were projected at $386
million.
NEWPORT WATERSHED
Councilmember Bone reported on five projects that were identified for Proposition 13
funds; a shortage of $460,000 was projected; and the City of Tustin would be
responsible for 7% of the shortage.
WATER ADVISORY COMMITTEE
Councilmember Bone stated that the state's power generating capabilities would be
affected by Idaho not wishing to sell water to California.
LOCAL AGENCY FORMATION COMMISSION (LAFCO)
Councilmember Bone reported the legislature had passed a bill requiring cities to
provide one-third of LAFCO's support.
ADJOURNMENT - Mayor Worley adjourned the meeting at 11'18 p.m. The next regular
meeting of the City Council was scheduled for Tuesday, February 20, 2001, at 7:00 p.m. i~ the.
Council Chamber at 300 Centennial Way.
,i'": PAMELA STOKE F~CITY.... CLERK
T~OYW~I WORLEY, MAYO~¢/'~
Minutes- City Council February 5,200]. - Page 9