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Home My WebLink AboutCC MINUTES 2001 05 07 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN MAY 7, 2001 7:00 p.m. Given Given All present Council Present: Council Absent: City Clerk: Others Present: Presented Jennifer Parvan, Tustin Gary Austin and members of the Boys and Girls Club Mike Conley, Chamber of Commerce James Severin, Tustin Various Speakers CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilmember Mike Doyle INVOCATION - Counciimember Lou Bone , ROLL CALL Tracy Wills Worley, Mayor; Jeffery Thomas, Mayor Pro Tem; Councilmembers Lou Bone, Mike Doyle, and Tony Kawashima None Pamela Stoker William A. Huston, City'Manager; George Jeffries, City Treasurer; Lois Jeffrey, City Attorney; Lois Bobak, Assistant City Attorney; Ronald A..Nault, Finance Director; Steve Foster, Chief of Police; Elizabeth Binsack, Director of Community Development; Arlene Marks, Director of Human Resources; Tim Serlet, Director of Public Works; Pat Sanchez, Director of Parks & Recreation; Robert Sc.hoenkopf, Police Captain; Beverley White, Chief Deputy City Clerk; and approximately 200 in the audience. PROCLAMATIONS- 1) Employee of the Year, Roberto Guerrero; and 2) Former Planning Commissioner, Cheryl Bell PUBLIC INPUT Spoke in favor of the MCAS Tustin Reuse Plan. Boys and Girls Club .representative, thanked Council for their support of a new Boys and Girls Club business, Extreme Teen Power Washers, and presented Council with a plaque in appreciation. Thanked the City for supporting the Chamber's Business Expo; and spoke in favor of the MCAS Tustin Reuse Plan. Spoke in favor of the MCAS Tustin Reuse Plan. The following members of the audience spoke in opposition to the MCA$ Tustin Reuse Plan' Melanie Gonzalez, Student at Valley High School Maria Lopez, Santa Aha Rick Eiden, UFCW Union Local 324 Doug Chappell, Business Manager, IBEW Union Victoria Zaragoza, Santa Ana R. Schmitz, Santa Ana Florence Freeman, NEA Angel Navarre, Santa Ana Candle Navarro, Santa Ana Robert Luna, Santa Ana Lorna Karagiozov, Teachers Association of Santa Ana Georgina Va!dez, Student Valley High School Brenda Lopez, Student Valley High School Esmeralda Serrano, Student Valley High School Yuri Lara, Santa Ana Jess Araujo, Latin American Voters of America Minutes-City Council May 7, 2001 - Page 1 Continued to June 18, 2001 Approved Approved Ratified Adopted Resolution No. 01-43 Approved Mayor Worley recessed the meeting at 8:03 p.m. The meeting was' reconvened at 8'14 p.m. PUBLIC HEARING (ITEM 1 ) . ORDINANCE NO. 1232 AND DESIGN GUIDELINES FOR ABOVEGROUND TELECOMMUNICATION FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT- OF-WAY It was moved by Thomas, seconded by Kawashima, to continue this item to the June 18, 2001 City Council meeting. Motion carried 5-0. 800-05 CONSENT CALENDAR (ITEMS 2 THROUGH 10) It was moved by Bone, seconded by Thomas, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. , APPROVAL OF MINUTES- APRIL 16, 2001 REGULAR MEETING Recommendation: Approve the City Council Minutes of Apdl 16, 2001. . APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,406,294.80 and ratify Payroll in the amount of 360-82 $822,961.02. 380-10 . PLANNING COMMISSION ACTION AGENDA- APRIL 23, 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 23, 2001. 120-50 , RESOLUTION NO. 01-43- 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 Recommendation' Adopt Resolution No. 01-43, authorizing the General Services Depad. ment of the State of California to purchase on behalf of the City of Tustin, 520 chairs to replace existing chairs in the Tustin Area Senior Center and the Clifton C. Miller Community Center as recommended by the Director of Parks and Recreation Services. 380-65 . AMENDMENT TO RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION LICENSE WITH SOUTHERN CALIFORNIA WATER COMPANY OVER A PORTION OF THE CITY-OWNED NEWPORT AVENUE RESERVOIR PROPERTY Recommendation: Approve the amendment to the previously approved Right of Entry and Temporary Construction License and authorize the Mayor and the City Clerk to execute it on behalf of the City, subject to approval by the City Attorney as recommended by the Public Works Department/Engineering Division. 400-10 Minutes- City Council May 7, 2001 - Page 2 Adopted Resolution No. 01-44 Adopted Resolution Nos. 01-45 and 01-46 Adopted Resolution. No, 01-47 Approved . . ! 10, RESOLUTION NO. 01-44- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DRAFT DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND PROPOSED OVERALL ANNUAL GOAL OF 9% FOR FEDERAL FISCAL YEAR 2001/2002, FOR ADOPTION AND SUBMISSION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) Recommendation: Adopt Resolution No. 01-44 approving the Draft Disadvantaged Business Enterprise (DBE) Program and Proposed Overall Annual DBE Goal of 9% for Federal Fiscal Year 2001/2002 as recommended by the Public Works Department/Engineering Division. 390-65 TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR THE 2001-02 FISCAL YEAR Recommendation' Adopt the following Resolution No. 01- 45, approving the Engineer's Report for Fiscal Year 2001- 02; and adopt the following Resolution No. 01-46, declaring its intention to levy assessments for Fiscal Year 2001-02 and set a Public Hearing for June 18, 2001 as recommended by the Public Works Department/Engineering Division: 340-60 RESOLUTION NO. 01-45- A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2001- 2002 RESOLUTION NO. 01-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2001-2002 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1'972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF RESOLUTION NO. 01-47- 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 Recommendation: Adopt Resolution No. 01-47 authoriZing the General Services Department of the State of California to purchase the following current model year vehicles on behalf of the City of Tustin: Two one-ton cab and chassis trucks with specified fiat beds as recommended by the Public Works Department/Field Services Division. 380-65 AWARD OF CONTRACT FOR TRAFFIC SIGNAL MODIFICATIONS AT MCFADDEN/WILLIAMS AND AT MCFADDEN/RITCHEY (CIP NO. 40057) Recommendation by the Public Works Department/Engineering Division: 1) Approve a supplemental appropriation in the amount of $45,000.00 for FY 2000/0'1 from the unappropriated balance of the Capital Minutes-City Council May 7, 200! -Page 3 Appointed Daniel Jackson to a two-year position Introduced Ordinance No. 1236 Improvement Fund to the traffic signal modification projects on McFadden Avenue at Williams and Ritchey (CIP No. 4057); and 2) Award the construction contract for the modifications of traffic signals at McFadden/Williams and at McFadden/Ritchey to Inspection Engineering ConstrUction, the low bidder in the amount of $239,280.27, and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. 400-45 REGULAR BUSINESS (ITEMS 11 THROUGH 13 ) 11. APPOINTMENT TO PARKS AND RECREATION. COMMISSION Ballots were cast by Council to fill one two-year term on the Parks and Recreation Commission. Pamela Stoker, City Clerk, reported the ballot tally as follows: "Worley: Jackson Thomas: Jackson Kawashima: Jackson Bone' Biery Doyle: Biery Daniel Jackson (3 votes) was appointed to the Parks and Recreation Commission with a term to expire March 1, 2003. 120-40 12. APPROVAL OF PERMIT PARKING AND ORDINANCE NO. 1236 AMENDING CITY CODE SECTION 5331n TO DESIGNATE CLOVERBROOK DRIVE FOR PARKING BY PERMIT ONLY It was moved by Bone, second by Thomas, to approve the request for permit parking on Cloverbrook Drive and have first reading by title only and introduction of the following Ordinance No. 1236 to amend City Code Section 5331n to designate Cloverbrook Drive with on-street parking by permit only: ORDINANCE NO. 1236- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 5331n TO DESIGNATE CLOVERBROOK DRIVE FOR PARKING BY PERMIT ONLY Motion carried 5-0. 770-15 Pamela Stoker, City Clerk, read Ordinance No. 1236 by title only. Authorized expenditure of $2,500 each to Tustin and Foothill High Schools 13. GRAD NIGHT FUNDING REQUEST Councilmember Bone stated it was a good program but the schools should request funding from the Tustin Community Foundation; and he could not support the City's funding of Grad Night. The following individuals spoke in support of Grad Night Funding: Beverly Bund Patty Baker Penny Brown Minutes- City Council May 7, 2001 - Page 4 Michael Gray Ben Baker Martin Morones Marge Kasalek It was moved by Thomas, seconded by Kawashima, to authorize the expenditure of $2,500 to Tustin High School and $2,500 to Foothill High School. 330-20 Motion carried 4-1, Bone opposed. None PUBLIC INPUT OTHER BUSINESS BENSON SCHOOL Councilmember Bone thanked Benson School for their Class Act Family Night Program. SENATOR ACKERMAN Councilmember Bone stated he had attended Senator Ackerman's open house in Tustin and remarked on the Senator being one of the first elected state officials from the city of Tustin. TUSTIN PRIDE Councilmember Bone said he had been a judge at the Tustin Pride Essay/Poster contest. FLYERS Councilmember Bone remarked on the number of flyers he had received in the mail regarding parks and airports; and commented on content of flyers regarding John Wayne Airport's ability to handle the County's regional demands and growth in airline passengers. EXTREME TEENS POWER WASHERS Councilmember Kawashima noted his and the Mayor's attendance at the Extreme Teens Power Washers ribbon cutting ceremony at the Boys and Girls Club. CHAMBER EXPO Councilmember Kawashima stated the Chamber Expo was well attended. REAPPOINTMENT OF COMMISSIONERS Councilmember Kawashima stated that reappointment of some Commissioners to one- year terms rather than two-year terms was not a reflection on the Commissioners' performances. HOME MEDICAL EMERGENCIES Councilmember Kawashima requested Council support to initiate a program nearby cities were using with magnetic card information to post in homes for emergency medical situations. Council referred the program to staff. STATE OF THE CITY Mayor Worley noted the State of the City was being held June 1,2001. FLAG SALUTE/INVOCATION Councilmember Thomas remarked about the inappropriate behavior of some audience Minutes-City Council May 7, 2001 - Page 5 members during the flag salute and invocation. AT&T Mayor Pro Tem Thomas stated he was still receiving a number of AT&T complaints and a- rate Increase was forthcoming. TUSTIN COMMUNITY FOUNDATION Mayor Worley said the Tustin Community Foundation Golf fundraising tournament was being held May 8, 2001. COMMITTEE REPORTS ORANGE COUNTY' COUNCIL OF GOVERNMENTS (OCCOG) Councilmember Bone reported on the Riverside lawsuit against OCCOG and Southern California Association of Goyernments on affordable housing. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) Councilmember Bone stated SCAG had approved the Magnetic Levitation System and noted the dues had Increased; noted the Federal Transportation Authority, a major funder, was against the plan; stated parking requirement issues had not been addressed; said the 250 mph train would have eight stops between the Los Angeles Airport and San Bernardino; and remarked on the high cost for commuting. ORANGE COUNTY TRANSPORTATION AGENCY (OCTA) Councilmember Bone reported OCTA Task Force board makeup would double to 10 city representatives. Announced CLOSED SESSION - Mayor Worley announced the City Council would convene in closed session to confer with the City Attorney about pending litigation to which the City was a party: (1) Garcia v. City of Tustin, Case Number 01CC02149 (state court matter); (2) Santa Ana Unified School District, et al. v. City of Tustin, et al., Case Number 01CC02595 (state court matter); (3) Santa Ana Unified School District, et al. v. City of Tustin, et al., Case Number CV-01-3426 W JR (CTX) (federal court matter); and (4) James Peterson v. City of Tustin, et. Al, Case Number 816682 (state court matter). ADJOURNMENT- Mayor Worley adjourned the meeting at 8:42 p.m. The next regular meeting of the City Council was scheduled for Monday, May 21,2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. PAMELA STOKER, CITY CLERK TRAc¥ W~_~ WORLEY, MAYOR~.._~ Minutes- City Council May 7, 2001 - Page 6