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Home My WebLink About02 MINUTES 05-07-01 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA APRIL 16, 2001 NO. 02 05-07-01 6:57 p.m. Given Given Wodey, Thomas absent Council Present: Council Absent: City Clerk: Others Present: Presented Linda Sanchez, O.C. Central Labor Council Randy Parraz, AFLClO CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilmember Kawashima INVOCATION - Councilmember Bone ROLL CALL Councilmembers Lou Bone, Mike Doyle, and Tony Kawashima Tracy Wills Wodey, Mayor; Jeffery Thomas, Mayor Pro Tem Pamela Stoker William A. Huston, City Manager; Christine Shingleton, Assistant City Manager; George Jeffdes, City Treasurer; Doug Holland, Acting City Attorney; Ronald A. Nault, Finance Director; Steve Foster, Chief of Police; Elizabeth Binsack, Director of Community Development; Adene Marks, Director of Human Resources; Tim Sedet, Director of Public Works, Pat Sanchez, Director of Parks & Recreation; Dana Kasdan, Engineering Services Manager; Frank Semelsberger, Police Captain; Joe Meyers, Administrative Services Manager; Bevedey White, Chief Deputy City Clerk; and approximately 50 in the audience. PROCLAMATION - None PRESENTATION - State of the Pride Report - Tustin Pride Committee PUBLIC INPUT Spoke in opposition to the MCAS, Tustin Reuse Plan; warned the City that organized labor was mobilizing and solidifying support for legislation that would financially ruin the Reuse Plan; stated the Reuse Plan was blatantly racist; and advised the City to beware of the anger it had aroused and be prepared for the consequences. Referred to the federal lawsuit filed against the City by Santa Ana Unified School District; accused the City of illegal seizure of property and discrimination; and stated organized union members would be back at the May 7, 2001 Council meeting. Minutes- City Council April 16, 2001 - Page 1 Sandra Castro, O.C. Central Labor Council Paul Lindsay, Tustin Martin Burton, SAUSD Legal Counsel Yasmine Castillo Union Local 1877 Angel Gallardo, SAUSD Continued to July 16, 2001 Adopted Resolution No. 01-36 Stated the Labor Council had scheduled an April 25, 2001 meeting regarding issues with the City; and the Labor Council would turn out en masse on May 7, 2001. Commented on past Council meeting interruptions regarding MCAS, Tustin Reuse Plan. Commented on negotiations regarding the MCAS, Tustin Reuse Plan. Stated union workers were mobilizing to attend the May 7, 2001 Council meeting and would reclaim land for Santa Ana. Spoke on overcrowding of Santa Ana schools. PUBLIC HEARING ( ITEMS 1 THROUGH 2 ) APPEAL OF PLANNING COMMISSION DENIAL OF USE DETERMINATION NOS. 00-001 AND 01-002 (14511 AND 14512 CARFAX DRIVE) It was moved by Bone, seconded by Kawashima, to continue the Public Hearing to July 16, 2001. Motion carded 3-0, Wodey, Thomas absent FY 2001-02 ACTION PLAN AND PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Councilmember Doyle opened the Public Hearing at 7:33 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Kawashima, seconded by Bone, to adopt the following Resolution No. 01-36 approving the proposed use of Community Development Block Grant (CDBG) funds for inclusion in the one-year Action Plan for Fiscal Year 2001-02: RESOLUTION NO. 01-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ACTION PLAN FISCAL YEAR 2001-02 FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Motion carried 3-0, Wodey, Thomas absent. Minutes- City Council April 16. 2001 - Page 2 Approved Approved Adopted Resolution No. 01-40 Adopted Resolution No. 01-42 CONSENT CALENDAR ( ITEMS 3 THROUGH 16 ) It was moved by Bone, seconded by Kawashima, to approve the Consent Calendar as recommended by staff. Motion carried 3-0, Wodey, Thomas absent. APPROVAL OF MINUTES - APRIL 2, 2001 REGULAR MEETING Recommendation: Approve the City Council Minutes of April 2, 2001. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,219,870.00 and ratify Payroll in the amount of $416,132.30. RESOLUTION NO. 01-40- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE EDINGER AVENUE IMPROVEMENTS FROM RITCHEY STREET TO 1400 FEET EAST OF RED HILL AVENUE AS THE CONTROLLING ENVIRONMENTAL DOCUMENT AND CLEARANCE FOR THE SEGMENT OF THE EDINGER AVENUE IMPROVEMENTS FROM THE CITY LIMITS AT SR-55 TO 1400 FEET EAST OF RED HILL AVENUE (CIP NO. 7147), PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: Adopt Resolution No. 01-40 which considers and approves the use of the Final Initial Study/Mitigated Negative Declaration for the Edinger Avenue Smart Street Improvements from Ritchey Street to 1400 feet east of Red Hill Avenue as the controlling environmental document and clearance for the segment of Edinger Avenue between the City limits at SR-55 to 1400 feet east of Red Hill Avenue pursuant to the California Environmental Quality Act (CEQA). Then direct staff to file a Notice of Determination as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 01-42- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AUTHORIZATION OF THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO SIGN DOCUMENTS REQUIRED BY CALTRANS - OFFICE OF LOCAL ASSISTANCE FOR FEDERALLY FUNDED CAPITAL IMPROVEMENT PROJECTS Minutes- City Council April 16, 2001 - Page 3 Received and filed Adopted Resolution No. 01-37 Approved Approved Approved Approved 10. 11. 12. Recommendation: Adopt Resolution No. 01-42 authorizing the Director of Public Works/City Engineer to sign documents required by Caltrans as recommended by the Public Works Department/Engineering Services Division. QUARTERLY INVESTMENT REPORT Recommendation: Receive and file as recommended by the City Treasurer. RESOLUTION NO. 01-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THAT A PROJECT AREA COMMITTEE SHALL NOT BE FORMED IN CONNECTION WITH THE MCAS-TUSTIN REDEVELOPMENT PROJECT Recommendation: Adopt Resolution No. 01-37 finding and determining that the MCAS-Tustin Redevelopment Project does not contain a substantial number of Iow- and moderate-income persons who could be displaced or who would be subject to displacement by the Agency, and that formation of a Project Area Committee is not required, and determines that a Project Area Committee shall not be formed in connection with the MCAS-Tustin Redevelopment Project as recommended by the Redevelopment Agency staff. APPROVAL OF AGREEMENT BETWEEN THE CITY AND TUSTIN GIRLS SOFTBALL TO CONSTRUCT BATTING CAGES Recommendation: Approve the proposed Agreement between the City of Tustin and Tustin Girls Softball to construct batting cages at Columbus Tustin Park as recommended by the Parks and Recreation Services Department. CLAIM OF TED HOWERTON FOR EMILY HOWERTON; CLAIM NO. 00-42 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 Attomey. CLAIM OF HEIRS OF MARGARET WHITE; CLAIM NO. 01- 16 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. CLAIM OF GEICO INSURANCE; CLAIM NO. 01-14 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. Minutes- City Council April 16. 2001 - Page 4 Adopted Resolution No. 01-39 Adopted Resolution No. 01-41 Approved Ratified Continued to the May 7, 2001 Council meeting 13. RESOLUTION NO. 01-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR FRONTIER PARK PLAY EQUIPMENT Recommendation: Adopt Resolution No. 01-39 approving plans and specifications for play equipment at Frontier Park, and authorizing the City Clerk to advertise for bids as recommended by the Parks and Recreation Services Department. 14. RESOLUTION NO. 01-41 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR FRONTIER PARK BRIDGE REPAIR RENOVATION Recommendation: Adopt Resolution No. 01-41 approving plans and specifications for Frontier Park bridge repair renovation, and authorizing the City Clerk to advertise for bids as recommended by the Parks and Recreation Services Department. 15. QUITCLAIM OF JAMBOREE ROAD CONSTRUCTION EASEMENT, NORTHERLY OF TUSTIN RANCH ROAD, TO THE IRVINE COMPANY Recommendation: Authorize the Mayor and City Clerk to execute the Jamboree Road Construction Easement Quitclaim Deed to The Irvine Company, subject to approval by the City Attorney as recommended by the Public Works Department/Engineering Division. 16. PLANNING COMMISSION ACTION AGENDA - APRIL 9, 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 April 9, 2001. REGULAR BUSINESS (ITEM 17 ) 17. GRAD NIGHT FUNDING REQUEST It was moved by Kawashima, seconded by Bone, to continue the matter to May 7, 2001. Motion carried 3-0, Worley, Thomas absent. Minutes- City Council April 16, 2001 - Page 5 Gordon Itow OTHER BUSINESS PUBLIC INPUT Spoke in opposition to MOAS, Tustin Reuse Plan. CLOSED SESSION AGENDA Doug Holland, Acting City Attorney, requested an item that was presented subsequent to the posting of the agenda be added to the Closed Session agenda. It was moved by Bone, seconded by Kawashima, to add Santa Ana Unified School District, et al. v. City of Tustin, et al. (federal court matter) to the Closed Session agenda. Motion carried 3-0, Worley, Thomas absent. SCHOLARSHIP CONTEST Councilmember Kawashima stated he had judged a scholarship contest involving Tustin and Foothill High School students. TUSTIN SPORTS PARK Councilmember Kawashima said the Easter Egg Hunt held at the Tustin Sports Park was a success with over 2,000 children in attendance. NEW PLANNING COMMISSIONERS Councilmember Kawashima noted that he had administered the Oath of Office to the newly appointed Planning Commissioners. EL TORO FLYERS Councilmember Bone commented on El Toro flyers and stated that Council should address the issue of the extension of restrictions at John Wayne Airport. TRAIN WHISTLES Councilmember Bone requested staff follow-up on how the City of Placentia received voluntary silence of train whistles. AT&T CABLE Councilmember Bone commented on Adelphia Cable transitioning to digital and how they were receiving less service complaints than AT&T. MOAS TUSTIN Councilmember Bone questioned if the letter from Sunrise Growers would be addressed. William Huston, City Manager, stated that a response would be prepared. Minutes- City Council April 16, 2001 - Page 6 SANTA COP CASINO NIGHT Councilmember Doyle reminded everyone to attend the Santa Cop Casino Night on Apdl 21,2001,7:00 p.m., at the Revere House. COMMITTEE REPORTS SOUTHERN CALIFORNIA COUNCIL OF GOVERNMENTS (SCAG) Councilmember Bone stated the 2001 Regional Transportation Plan, which included $1.8 billion for grade crossings and an airport at El Toro, had been approved and suggested staff should review the plan; and read an FAA news article regarding El Toro airport northern departure route. ORANGE COUNTY WATER DISTRICT Councilmember Bone stated he had gone on a two-day inspection tour in Placer County, touring Northem Califomia dams, dce farms and cattle ranches. WATER ADVISORY COMMITTEE OF ORANGE COUNTY (WACO) Councilmember Bone noted that WACO addressed the Local Agency Formation Commission (LAFCO) budget, energy crisis, rainfall and water usage. Announced CLOSED SESSION - Councilmember Doyle announced the City Council would convene in closed session to confer with the City Attorney about pending litigation to which the City is a party: (1) Garcia v. City of Tustin; (2) Santa Ana Unified School District, et al. v. City of Tustin, et al. (state court matter); and (3) Santa Ana Unified School District, et al. v. City of Tustin, et al. (federal court matter) ADJOURNMENT - Councilmember Doyle adjourned the meeting at 7:54 p.m. The next regular meeting of the City Council was scheduled for Monday, May 7, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. PAMELA STOKER, CITY CLERK TRACY WILLS WORLEY, MAYOR Minutes- City Council April 16. 2001 - Page 7